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Home My WebLink AboutSR - AGR-6295 - LAND EXCHANGE EASEMENT AGREEMENTAGENDA ITEM a December 8, 2015 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto City Manager FROM: Joe DeFrancesco, Public Works Di fctor ReviewedNerified City Manager Finance Direct r To Be Presented By: Joe DeFrancesco X Cons Calendar City Mgr Rpts Council Reports _ Legal Affairs Boards /Cmtes Noticed Hrgs Admin Reports Plan/Environ 1. SUBJECT Resolution No. 10910 - A Resolution of the City Council of the City of Orange finding that a portion of the hillside slopes located on the easterly side of reservoirs 1 and IA; and the westerly side of reservoir 2, are no longer needed by the public and ordering the surplus thereof and reserving all public utility easements. Land Exchange and Easement Agreement between the City of Orange and the New Home Company. 12. SUMMARY The subject properties (Parcels A, B, C of Map "A ") were acquired in fee by the City in 1959 for the development of reservoirs 1, 1A, and 2, and are not needed for any present or future City use. 3. RECOMMENDED ACTION 1) Adopt Resolution No. 10910. 2) Authorize the Mayor to execute the Land Exchange and Easement Agreement after the expiration of the 60 day notice period for surplus City property. 4. FISCAL IMPACT The City will benefit financially in the future by not having to perform drainage and landscape maintenance of theses slope areas. ITEM # 3.-3 1 12/8/15 Q%Printed on Recycled Paper 5. STRATEGIC PLAN GOAL(S) ::1 1 d. Provide for a safe community — Assure the development of the City occurs in a fashion that maximizes public safety. 2d. Be a fiscally healthy community — Effectively manage and develop City assets. 6. DISCUSSION and BACKGROUND The subject properties were acquired in fee by the City in 1959 for the development of reservoirs 1, IA, and 2. The subject properties are located at the west and the east ends of the future Marywood residential site. The two subject properties adjacent to reservoirs 1 and IA compose 0.548 acres. The subject property adjacent to reservoir 2 composes 0.201 acres. In accordance with California Government Code Sections 54220 et seq., the City has extended written offers to sell the properties to certain public and private entities as required when declaring property surplus. No entities have responded expressing interest in purchasing the properties. The subject properties are currently used as slope areas and with the approved Marywood residential development by The New Home Company, these areas will mostly remain slope areas. Once declared surplus, the surplus properties will be transferred to The New Home Company as part of the Marywood development project. The properties are zoned open space and can only be used for slope purposes. Therefore, these properties present no financial value to the City. The slope areas include terrace drains, trees, and bushes that after the proposed property exchange will become the Marywood development's responsibility to maintain. In exchange, about 0.08 acres (Parcel D of Map "A ") will be transferred to the City. This will help the City to more logically define future slope maintenance responsibilities. Upon the exchange, the City will retain any underlying public utility easements it or some other entity may have. Staff recommends the City Council to declare Parcels A, B, and C surplus and authorize the Mayor to execute the Land Exchange and Easement Agreement after the expiration of the 60 day notice period for surplus City property 7. GENERAL PLAN IMPLEMENTATION Economic Development Goal 4.0 Encourage economic development efforts through outreach and maintenance of a pro- active business environment. Policy 3.1: Where appropriate, consolidate inadequately sized land or land owned by multiple owners into parcels suitable for integrated development with improved pedestrian and vehicular circulation. 8. ATTACHMENTS • Resolution No. 10910 • Map "A" • Land Exchange and Easement Agreement JD;fs;ly NAPublic Works\ADMIN\LYoung \Council Items \COUNCIL \Dec - 2015 \12- 08- 15 \Reso 10910 - Marywood surplus property.doc ITEM # 2 12/8/15 RESOLUTION NO. 10910 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE FINDING THAT A PORTION OF THE HILLSIDE SLOPES LOCATED ON THE EASTERLY SIDE OF RESERVOIRS 1 AND 1A; AND THE WESTERLY SIDE OF RESERVOIR 2, ARE NO LONGER NEEDED BY THE PUBLIC AND ORDERING THE SURPLUS THEREOF AND RESERVING ALL PUBLIC UTILITY EASEMENTS, AND AUTHORIZING APPROVAL OF THE LAND EXCHANGE AGREEMENT BETWEEN THE CITY OF ORANGE AND THE NEW HOME COMPANY. WHEREAS, the City of Orange (the "City ") is a municipal corporation exercising governmental functions and powers, organized and existing under the laws of the State of California; and WHEREAS, the City owns slope property adjacent to water reservoirs 1, IA, and 2. A portion of those slopes (Parcels A, B, and C) as described in Exhibit `B 1" and depicted on a plat map as Exhibit `B2" of the Land Exchange and Easement Agreement are not needed for City use; and WHEREAS, as authorized by California Government Code Section 37350, the City Council finds and determines that the Property is not needed for the purpose for which it was acquired or for any other public purpose and is, therefore, surplus real property; and WHEREAS, in accordance with California Government Code Sections 54220 et seq., the City has extended written offers to sell the Property to certain public and private entities described therein; and prior to disposing of the Property will consider and negotiate any offers from received from such entities for at least the time period required in said Sections 54220 et seq.; and WHEREAS, pursuant Section 65402 of the California Government Code, the City Council finds and determines that the location, purpose and extent of the proposed disposition of the Property, have been considered and reported on by the Director of the Community Development Department of the City and that said proposed disposition to the Buyer in accordance with the terms and provisions of the Land Exchange and Easement Agreement conforms to the City's adopted general plan; and WHEREAS, this City Council, as the "lead agency" under the California Environmental Quality Act ( "CEQA "), finds and determines that the sale of the Property is categorically exempt from the provisions of CEQA under Section 15312 of the State CEQA Guidelines relating to the sale of surplus government property; and