TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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Notice of Termination of Lot Line Adjustment / Covenant and Agreement for the properties located at 3535 and 3551 Philadelphia Street.end
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RECOMMENDATION
1) Approve the Notice of Termination of Lot Line Adjustment located at 3535 and 3551 Philadelphia Street; 2) approve a Covenant and Agreement between the City of Chino and 3535 and 3551 Philadelphia Properties, LLC; and 3) authorize the City Manager to execute all the necessary documents on behalf of the City.
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FISCAL IMPACT
There is no direct fiscal impact to the City.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning
• Partnership & Teamwork
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BACKGROUND
In December 1989, a Lot Line Adjustment Certificate was recorded with the San Bernardino County Recorder's Office to merge two properties located at 3535 and 3551 Philadelphia Street. After this recording, the property owner failed to fulfill the necessary steps to legally merge the properties into a single parcel as required by the California Subdivision Map Act, including compliance with Government Code Section 66412 and the Chino Municipal Code, which mandates that a lot line adjustment must be reflected in a recorded deed with the property.
As per the provisions of the Subdivision Map Act, the attempted merger of the properties is now considered void due to non-compliance.
ISSUES/ANALYSIS
The property owner now wishes to abandon any further attempts to merge the properties into a single parcel and acknowledges that the Lot Line Adjustment Certificate is invalid. Therefore, the City and the property owner must jointly record a Notice of Termination of Lot Line Adjustment with the San Bernardino County Recorder's Office to officially terminate the Lot Line Adjustment Certificate recorded in 1989.
Additionally, a Covenant and Agreement has been established between the property owner and the City to outline terms and conditions for future sale transactions involving one or both properties. Both the Covenant and Agreement and the Notice of Termination of Lot Line Adjustment have been reviewed and approved by the City Attorney.
Attachments:
Exhibit A - Notice of Termination of Lot Line Adjustment
Exhibit B - Covenant and Agreement
Exhibit C - Certificate Approving Lot Line Adjustment