Westminster City Council
SUBJECT
Title
Request from Westminster School District to Approve the Execution of Quitclaim Deed, Confirming Westminster School District Ownership of Warner Middle School Property Located at 14171 Newland Street, Westminster, CA 92683 (APN - 097-080-48).
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publichearing
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From: Christine Cordon, City Manager
Requested by: Administration
Prepared by: Adolfo Ozaeta, Assistant City Manager
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RECOMMENDED ACTION
Recommendation
Consider request by the Westminster School District, to adopt a Quitclaim Deed, confirming the Westminster School District’s ownership of the Warner Middle School property.
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BACKGROUND
This item was placed on the agenda at the request of the Westminster School District (the “School District”). The School District is currently undertaking a Certificate of Participation financing (“COP financing”), and the Warner Middle School property, located at 14171 Newland Street, Westminster, CA 92683 (“Warner Middle School”), has been identified as the leased asset of that financing. As part of this transaction, the title company identified a cloud on the School District’s title which needs to be corrected before the COP financing can be completed. The School District is asking the City to execute the attached quitclaim deed (“Quitclaim Deed”)(Attachment 1), which will merely affirm the School District’s ownership of the Warner Middle School site. City staff has reviewed the Quitclaim Deed and agrees that, if approved, it does not affect any City owned and controlled property.
On November 4, 1993, pursuant to a Purchase and Sale Agreement between the School District and the Westminster Redevelopment Agency (the “RDA”), the RDA purchased certain property from the School District (hereinafter referred to as the “All American Way Property”). Prior to the sale, the All-American Property was part of the School District’s Warner Middle School site. Following its acquisition by the RDA, the All-American Property was subsequently developed into the Vietnam War Memorial, the Rose Center Theater/Banquet Center, and a portion was sold to the Coastline Community College District for development of the college. As part of the development of these projects, and as part of the Westminster RDA dissolution, there were various transfers of the All-American Property from the Westminster RDA to the City.
In connection with 1993 purchase, a Parcel Map and a legal description was created a year later in 1994, splitting the All American Way Property from the Warner Middle School site. A copy of the Parcel Map is attached (Attachment 2). However, the subject legal description is not correct. As a result, in subsequent deeds the incorrect property description was used which included the Warner Middle School site, creating the cloud on title.
The School District is asking the Council to approve the execution of the attached Quitclaim Deed to help them clarify their ownership of the Warner Middle School Property, enabling them to complete their COP financing.
The City’s engineering staff has reviewed the historical record, the Parcel Map, and the proposed Quitclaim Deed. They affirm that approval of the attached Quitclaim Deed merely affirms that the City has no ownership interest in the Warner Middle School Property, and that ownership is properly vested in the School District. No City owned property would be affected. As part of this research, the City’s engineering staff affirms that the incorrect legal description was not generated by city staff.
FISCAL IMPACT
None.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
By its approval of the attached quitclaim deed, the City Council would be affirming that the Warner Middle School Property, identified as Parcel 2 on the attached Parcel Map, is properly owned by the School District and not by the City.
ATTACHMENTS
1. Proposed Quitclaim Deed.
2. Parcel Map
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager