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HomeMy WebLinkAbout18 - Sale of Property on Carnation Avenue between Bayside Drive and First StreetTO: City Council FROM: Don Webb, Public Works Department September 28, 1998 CITY COUNCIL AGENDA ITEM NO. 18 t Y I ri i_ ., I 'i c u' w.oJ L CITY OF Nl w ORr REACH se2Sl:v3 APPROVED SUBJECT: SALE OF PROPERTY ON CARNATION AVENUE BETWEEN BAYSIDE DRIVE AND FIRST AVENUE RECOMMENDATION: Approve the sale of City -owned property at Carnation Avenue and Bayside Drive to Mr. Ed Foster for $31,000 cash to the City; approve Mr. Foster's construction of a retaining wall and sidewalk on the easterly side of Carnation Avenue; and authorize the Mayor and City Clerk to execute a grant deed transferring the property to Mr. Foster when conditions have been met. DISCUSSION: Last year, Mr. Ed Foster approached the City about purchasing the City -owned property on the easterly side of Carnation Avenue, northerly of Bayside Drive (see attached map and pictures). The City acquired the property in 1929 as a result of a vacation of street right-of-way. The 1904 Corona del Mar Tract Map, that dedicated streets to the City, showed that Carnation Avenue would be a straight street from Coast Highway to Bayside Drive. When the street was actually constructed, the slopes in the area forced the street to be curved into the Begonia Park area, leaving the remaining right-of-way as surplus. Per State law, when right-of-way easements are vacated, 50% of the property goes to the respective adjacent property owners. On the westerly side of Carnation Avenue, the City owned Begonia Park and therefore retained the slope portion of the vacated easement. The easterly 25 feet, that was vacated, went to the adjoining property owners. The City -owned parcel between Mr. Foster's property and the Carnation Avenue right- of-way contains a total of 8,181 square feet, of which 4,585 is slope area. The parcel is not a buildable lot, and its only value is to the adjacent property owner, Mr. Foster. The parcel is currently landscaped and is used by Mr. Foster as yard area. William Hansen, MAI, was retained by the City to appraise the property and he determined the market value to be $55,000. Mr. Foster countered with an offer of SUBJECT: SALE OF PROPERTY ON CARNATION AVENUE BETWEEN BAYSIDE DRIVE AND FIRST AVENUE September 28, 1998 Page 2 of 2 $35,000. Since the property has no other potential buyers because of its size and location, and the slope represents some potential liability to the City, staff agreed to recommend a purchase price of $48,000 to the City Council. For the public to utilize the 5 foot strip between curb face and property line and to keep rocks and debris from falling into the street, a retaining wall and sidewalk needs to be constructed. Currently, pedestrians must cross to the westerly side to access a sidewalk. Mr. Foster has offered to construct a retaining wall and sidewalk for $17,000, with the cost of the sidewalk and wall being deleted from the total purchase price. Staff has reviewed the plans and estimates prepared by Mr. Foster's engineer and concurs that the estimated construction budget is reasonable. If the City Council agrees to the purchase price of $48,000 and the construction of the wall and sidewalk for $17,000, the total sale price for the property would be $31,000. Staff also recommends that the following deed restrictions and conditions be included as part of the property sale: 1. That the purchase price of $31,000 be placed in escrow and that the deed transferring ownership not be recorded until the sidewalk and retaining wall have been completed and the construction is approved by the City. 2. That the retaining wall be owned and maintained by the purchaser of the property or his successors. 3. That a 10-foot wide utility easement be retained by the City over the northerly 10 feet of the property. 4. That no habitable structures be constructed on the parcel. Landscape features, fences, garden walls, and an open gazebo will be allowed. 5. The square footage of this parcel cannot be used to increase the buildable area allowed on the adjacent parcel. 6. That the City makes no guarantees or warrantee related to the stability of the slope on the parcel. 7. That the buyer pay all costs including escrow and title fees, related to the property transfer. Respectfully sub mitte Public orks Department Don Webb, Director Attachment: Map and Pictures f:\groups\pubworks\council\fy98-99\sept-28\camation.doc N zo T ZO /8 /7 /7 _ n l8 — C ' /6 a O � r- a Q C &ym to /Z // Cj m /2 118t 3 N Ob 2 / h• 2 / SZO 6 "SEWGP EMT O.Q 5Sb5282 .• LIC. o• e. /322�ro7 ^S. E/d'%/ 1424z/ -146.9-�Z p l zs/'7• �i a4e14FI7 p �r/U 1 A�QCEL IT = C/TY PBOPEBTY O I / /� Q.o.O• P• io33 /B7/ f\ /� b NN •252/ %9 /5 - .PESU6 /690: P. W I6714Y14Z� 9 5 '^ a� b O / o O Tlk SUBJECT PROPERTY Of BAYSIDE 1 \\ i0607 t AGREE. f� IJA�.� � r 300 loo y0. ka " M IZ - - �p'P /03'6i%i' i r" T /1 jO" A rr T /l T T T /r A TO FIRST AvE �- M...�:y r,�4 rx.