HomeMy WebLinkAboutItem No. 11 - Request by Property Owner That City Quitclaim Any Interest in Real Property With11)Request by Property Owner That City Quitclaim Any Interest in Real Property Within
Previous Alignment of Highway 74
Authorize the City Manager to execute Quitclaim Deeds concerning the Subject Properties
in favor of the Property Owner and take such other actions necessary to effectuate the
dismissal of the City from the quiet title action concerning the Subject Properties, including
executing a settlement agreement, in such forms as approved by the City Attorney.
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Barbara Leibold, City Attorney
Date:November 12, 2024
Subject:Request by Property Owner That City Quitclaim Any Interest in Real
Property Within Previous Alignment of Highway 74
Recommendation
Authorize the City Manager to execute Quitclaim Deeds concerning the Subject Properties in
favor of the Property Owner and take such other actions necessary to effectuate the dismissal of
the City from the quiet title action concerning the Subject Properties, including executing a
settlement agreement, in such forms as approved by the City Attorney.
Background
On February 27, 2024, Ronald Burek and Louisa Heather Burek, as the Trustors and Trustees of
the Ron and Heather Burek Living Trust (“Property Owner”) filed an action to quiet title on two
parcels of land lying adjacent to the old State Route 74 alignment. (Riverside Superior Court Case
No. CVRI 2401006.)
A depiction of the parcels comprising the Subject Properties and their location are attached.
In addition to naming the City as a defendant with a potential interest in the Subject Properties,
CalTrans, the County of Riverside, and a host of other parties (many of which are no longer in
business) were named as defendants.
Discussion
Upon receiving the complaint, the City Attorney’s Office conferred with the City Engineer and
determined that: (1) the Subject Properties are not located within the City’s boundaries, (2) the
City has no interest in the Subject Properties, and (3) the Subject Properties are not identified as
being within the existing or any future proposed right of way.
Quitclaim Deeds
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Upon contacting the Property owner’s attorney, it was determined that the most efficient method
for the City to extract itself from the litigation was to grant quitclaim deeds to the Property Owner.
A quitclaim deed is a legal instrument that makes no warranty that the grantor (in this case, the
City) has title to property but, nonetheless, grants any rights that might be held by the City to the
grantee (in this case, the property owner). This has the effect of quieting title between the City
and the Property Owner as to the Subject Properties.
In addition to requesting authorization for the City Manager to execute the attached Quitclaim
Deeds, additional documentation will be prepared evidencing the obligation of the Property Owner
to dismiss the City from the pending litigation following the recordation of the Quitclaim Deeds.
Fiscal Impact
None.
Attachments
Attachment 1- Property Depiction/Location
Attachment 2 - Quitclaim Deeds
City Attorney
RONALD BUREK and LOUISA HEATHER BUREK
DOC #2023-0040801 Page 2 of 4
EXHIBIT A
Order No.: 112208644
For APN/Parcel ID 377-372-008
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL A: APN: 377-372-008
ALL THAT PORTION OF LOT(S) 3, BLOCK 24 OF NORTH ELSINORE TRACT, IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA AS SHOWN BY MAP ON FILE IN BOOK 5 PAGE(S) 105, OF
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 3;
THENCE NORTH 43°11 '00" EAST, A DISTANCE OF 13.77 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 3;
THENCE NORTH 27 °29'00" EAST, A DISTANCE OF 720.48 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 3 TO THE TRUE POINT OF BEGINNING; THENCE NORTH 69"15'35" WEST, A DISTANCE OF 85.91 FEET TO THE BEGINNING OF A CURVE,
CONCAVE SOUTHERLY, THE RADIUS OF 150.00 FEET; THENCE WESTERLY, 117.81 FEET, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 45 °00'00";
THENCE TANGENT TO SAID CURVE SOUTH 65°44'25" WEST, A DISTANCE OF 135.00 FEET;
THENCE NORTH 07 °59'58" WEST, A DISTANCE OF 50 FEET; THENCE NORTH 03°59'20" EAST, A DISTANCE OF 284.96 FEET TO THE NORTHERLY LINE OF SAID LOT 3;
THENCE SOUTH 88°47'20" EAST, A DISTANCE OF 458.92 FEET ALONG SAID NORTHERLY LINE OF LOT 3; THENCE SOUTH 27°29'00" WEST, A DISTANCE OF 332.68 FEET, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 3 TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM A RIGHT($) OF WAY FOR HIGHWAY PURPOSES LYING 30.00 FEET
NORTHWESTERLY OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT WHICH LIES SOUTH 43°11 '00" WEST, A DISTANCE OF 57.85 FEET AND SOUTH 46 °49'00" EAST, A DISTANCE OF 40.00 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT 3, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY, THE RADIUS BEING 955.37 FEET;
THENCE NORTHEASTERLY 396.94 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23 °49'00"; THENCE TANGENT TO SAID CURVE NORTH 19°22'00" EAST, A DISTANCE OF 372.52 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, THE RADIUS BEING 319.62 FEET; THENCE NORTHEASTERLY 253.01 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 45 °32'30".
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE LINES OF PARCEL "C" HEREINAFTER DESCRIBED.
RONALD BUREK and LOUISA HEATHER BUREK
LOUISA HEATHER BUREK, TRUSTEE