File #: R2016-092    Version: 1
Type: Resolution Status: Consent Agenda
File created: 9/23/2016 In control: City Council
On agenda: 10/3/2016 Final action:
Title: Consider approving Resolution 2016-092 authorizing the Release of Parking and Cross Access Easements affecting property generally located at 14065 Dennis Lane and adjacent City owned property; and take appropriate action.
Attachments: 1. FB Release of Easements (Pendery Vet Clinic)78386, 2. Resolution No 2016-092, 3. Abstract Map Showing Tracts-Encumbrances-Easements
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Title

Consider approving Resolution 2016-092 authorizing the Release of Parking and Cross Access Easements affecting property generally located at 14065 Dennis Lane and adjacent City owned property; and take appropriate action.

 

Body

 

BACKGROUND:

Dr. Gerald Pendery recently announced he was retiring as a veterinarian and selling his practice, Valwood Animal Clinic, located at 14065 Dennis Lane.   While pacing through the due diligence portion of the property sale, it was discovered that there were two city easements burdening the property.  The first, from an agreement between Valwood Investment Company and Joe. A Stalcup dated February 22, 1964 and the second from an agreement between Harry C. Silver, Sam W. Laughlin and C. Grady Cates and J. Curtis Sanford, undated in the original and recorded September 7, 1960.  

 

DISCUSSION:

Dr. Pendery has requested the City vacate, abandon, or otherwise quitclaim any interest the City may have in one of the tracts of land described in Easement 1 and Easement 2.  City staff has reviewed Easement 1 and Easement 2 and determined that (1) the purposes for which said easements were originally granted no longer exist or provide any benefit to the City, and (2) the City will benefit from the release of any rights or restrictions that may affect the City’s property, if any, pursuant to the terms of said easements. 

 

RECOMMENDATION:

City administration finds it to be in the public interest to agree to a mutual release of Easement 1 and Easement 2.

 

POSSIBLE ACTION:

Move to adopt resolution 2016-092 authorizing the release of parking and cross access agreements affecting property generally located at 14065;

Move to adopt resolution 2016-092 authorizing the release of parking and cross access agreements affecting property generally located at 14065, with modifications;

Move to table or take no action;

 

ATTACHMENTS:

1.)                     Release of Easements

2.)                     Resolution 2016-092

3.)                     Abstract Map