1997 AGN JAN 07 I16 - Laserfiche WebLink

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AGENDA REPORT CITY OF COLTON For City Council Meeting of January 7, 1996 December 30, 1996 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: John C. Hutton Director of Public Work SUBJECT: Approve Execution and ecordation of Quitclaim Deed for Previously Vacated Alley; Approve Amended Resolution to Accurately Reflect the Alley's Legal Description BACKGROUND: At the regular City Council meeting of November 20, 1990, the Council voted to approve the vacation of an alley north of Hunter Road. Please see legal description attached to the Quitclaim Deed and the Amended Resolution. Based upon the City's records, it appears that the Council was unaware that the City was the fee title owner of the property. Therefore, no deed conveying title of the alley in exchange for consideration --monetary or otherwise --was executed so as to properly complete the transaction with Mr. Randy Wyatt. Instead, the assumption appears to have been made that the City held only easement rights to the alley. Had that been true, vacating the alley would have automatically vested in Mr. Wyatt, unencumbered fee title to the alley, subject only to his agreement to grant the City public utility easement rights in perpetuity. Mr. Wyatt is now in escrow to cone the Y alley (parcel B) and the adjacent parcel (parcel A) to a third party. Please see the attached parcel map. On July 29, 1996, Mr. Wyatt's escrow company received notification that the City was the fee title owner of the alley (parcel B). During the week of December 23, 1996, Mr. Wyatt raised with Brian Baden of the Public Works Department, the need to correct the documentation with respect to ownership of the alley. DISCUSSION: Although Mr. Wyatt wished to resolve this matter so as to close escrow by or before December 31, 1996, staff could not properly sign the accompanying Quitclaim Deed so as to convey the alley to Mr. Wyatt, as appears to have been the intention of the Council in 1990. Item No. 16