Report Prepared by: Joe Cardoso, P.L.S., City Surveyor, Engineering Department
Title
SUBJECT: Approval of Partial Termination of an Agreement Creating a Lien Upon Real Property with Shelley Cox, Terry Lombardi and Cindy Wathen, Successors Co-Trustees of the Spalding G. Wathen Q-Tip Trust for a 32-Foot-Wide Strip of Land Described Within the Agreement and Accepting the Land for a Future Development Project
REPORT IN BRIEF
Consider partially terminating an Agreement Creating a Lien Upon Real Property with Shelley Cox, Terry Lombardi and Cindy Wathen, Successors Co-Trustees of the Spalding G. Wathen Q-Tip Trust for a 32-foot-wide strip of land described within the Agreement and Accepting the land for a Future Development Project.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Partial Termination of Agreement Creating a Lien Upon Real Property with the Executor and Successors of the Estate of Spalding G. Wathen and Della Wathen; and,
B. Accepting the 32-foot strip of land from Shelley Cox, Executor of the Estate of Della Wathen, Probate Case No. CE PR 00885, Superior Court of California, County of Fresno and Shelley Cox, Terry Lombardi and Cindy Wathen, Successors Co-Trustees of the Spalding G. Wathen Q-Tip Trust; and,
C. Authorizing the City Manager or Deputy City Manager to execute all related documents.
Body
ALTERNATIVES
1. Approve, as recommended by staff; or,
2. Approve, subject to conditions other than recommended by staff (identify specific findings and/or conditions amended to be addressed in the motion); or,
3. Deny; or,
4. Refer to staff for reconsideration of specific items (specific items to e addressed in the motion); or,
5. Continue to a future meeting (date and time to be specified in the motion).
AUTHORITY
Charter of the City of Merced, Section 200
Charter Municipal Code Chapter 20.86.140 - Amendment or Termination Agreements.
CITY COUNCIL PRIORITIES
As provided for in the 2021-22 Adopted Budget.
DISCUSSION
On June 21, 2022, the City Council approved the vacation of a 32-foot-wide strip of Right-Of-Way approximately 362 feet north of Yosemite Avenue between Mansionette Drive and Sandpiper Avenue. When the vacation happened, the strip of land reverted to its original owners, Shelley Cox, Terry Lombardi and Cindy Wathen, Successors Co-Trustees of the Spalding G. Wathen Q-Tip Trust. The original owners desire to deed the property to the City.
The 32-foot strip of land is owned by Shelley Cox, Terry Lombardi and Cindy Wathen, Successors Co-Trustees of the Spalding G. Wathen Q-Tip Trust and they have agreed to deed the property to the City at no fee. The property is burdened by an agreement creating a lien that needs to be terminated. This partial termination of agreement only affects only the 32-foot strip of land to be deeded to the City.
Additionally, staff is in the process of negotiating an agreement with Valley Children’s Hospital at the corner of Yosemite Avenue and Mansionette Drive. To help facilitate the project, it is the intent of the City, to deed the 32-foot strip of land to Valley Children’s Hospital at a later date.
Staff recommends Council approve the Partial Termination of Agreement and accept the grant deed.
IMPACT ON CITY RESOURCES
"No appropriation of funds is needed."
ATTACHMENTS
1. Partial Termination of Agreement
2. Grant Deed to City of Merced