February 15, 1995, 6:00 p.m.
Mayor Lou Colosimo
L. Lamond Williams, Theressa O. Frandsen, L. Janet Oliveto, Roy Nikas
Joanne Lessar (City Recorder), Vernon W. Jones (Adminis. Assistant), Nick Sampinos (City Attorney)
Absent and Excused: Councilmember James L. Jensen
Others Present:Dominic Oliveto, June Oliveto, Mike Jensen, Evan Hansen
Mayor Colosimo called the meeting to order. The above members were in attendance.
As the item on the agenda posed a conflict of interest, Councilmember Oliveto stepped down from her Council seat and did not participate in the discussion as a member of the City Council.
1. DOMINIC OLIVETO, JUNE OLIVETO - Quit Claim Deeds To Correct Survey
Nick Sampinos briefly explained a concern he discussed in the Council Meeting of January 25, 1995, involving property now owned by Dominic Oliveto and June Oliveto at approximately 7th East and 1st North. The Oliveto family has given options to 3 different developers on this property. It is a potential site for the new Human Services building. As developers looked at the description of this particular parcel, it became evident that there was a problem with the total square footage. As the Olivetos reviewed this problem through Clay Holbrook's office and through their surveyor, Evan Hansen, it was found that there was a problem with the legal descriptions in deeds issued by Price City in 1946 and 1950 to the Oliveto's predecessor, Effie Anderson (Liddell). In order to correct this problem, it was recommended that a land exchange concerning certain footage to accommodate engineering concerns by City Engineer Gary Sonntag. It is recommended that deeds be executed to remedy the previous problems created in 1946 and in 1950, and to accommodate the engineering concern to maintain the integrity of the City's right-of-way along 1st North. A decision will also need to be made regarding the land exchange on property between 1st North and along 7th East. Nick Sampinos stated that the reason for this special meeting is to correct the problem with the deed. There was a concern that unless the existing deed was corrected, the Oliveto's property may have been disqualified as a potential candidate for construction of the Human Services building.
Mike Jensen, attorney for the Olivetos, presented a map of the property. The description of the correction deed issued by Price City in 1950 doesn't close, therefore, leaving a 30' gap on 1st North. To close this gap, the City needs to convey to the Olivetos a correction quit claim deed that would properly describe that property. If this is done, the Olivetos will own 30' that is part of the 99' along 1st North that Price City owns. This is not a dedicated street or right-of-way. This ownership was verified through the title search conducted by Clay Holbrook. If the City conveys the 30' to the Olivetos, this leaves 69' left for roadway purposes. Both Gary Sonntag and Evan Hansen agree that this entire roadway, including the sidewalk, should be 80'. In order to accommodate the City, Olivetos would then convey back to Price City 11' of that 30', so that the City has a full 80'. The Olivetos have then lost 11' by conveying this back to the City. In consideration for that conveyance, a land exchange involving City property on 7th East would be appropriated, where likewise, there is a 99" strip owned by Price City. Again, both Gary and Evan agree that 80' is plenty for the City to have on that street to accommodate curb, gutter, sidewalk, and parkway. If Olivetos convey back to Price City 11' of that 30' on 1st North, then the Olivetos should receive a strip 15'in width on 7th East. Olivetos would then get their full square footage to which they are entitled, and the City gets the 80' on 1st North and more than 80' on 7th East, which it needs to accommodate necessary public improvements.
Mr. Jensen presented 3 deeds per the above explanation, using legal descriptions provided by Evan Hansen and reviewed and accepted by Gary Sonntag. Nick Sampinos stated that he discussed this with Gary Sonntag, and Gary is satisfied with the legal descriptions. Gary spent a considerable amount of time on this problem. As there is a similar problem that needs to be corrected on property located further east along Cedar Hills Drive, it was recommended that this too be corrected as soon as possible.
Nick stated that three deeds are necessary. The first deed is from Price City to the Olivetos to correct the legal description. The second deed is from the Olivetos to the City conveying the 11' along 1st North. The third deed is from Price City to the Olivetos for the property exchange along 700 East. Councilmember Williams moved that the two deeds from Price City to the Olivetos, as explained above, be approved and that the Mayor and City Recorder be authorized to execute the deeds. Motion seconded by Councilmember Frandsen and carried. The Olivetos then executed a deed naming Price City as the grantee for the 11' along 1st North and City acknowledged its receipt. Nick Sampinos was authorized to deliver the deeds to the office of Professional Title Services for the purpose of causing the deeds to be recorded at the office of the Carbon County Recorder.
Meeting adjourned at 6:22 p.m.