Agenda Item   



                                                                                                                        ASR Control  24-000031




legal entity taking action:

Orange County Flood Control District

board of supervisors district(s):


SUBMITTING Agency/Department:

County Executive Office   (Approved)

Department contact person(s):

Thomas Miller (714) 834-6019 



James Treadaway (714) 667-9700



Subject:  Orange County Flood Control District Property Exchange, Quitclaim and Agreement


     ceo CONCUR

County Counsel Review

Clerk of the Board


Approved Agreement(s) and Resolution(s)




3 Votes Board Majority




    Budgeted: Yes

Current Year Cost:  $372,500

Annual Cost: N/A




    Staffing Impact:


# of Positions:           

Sole Source:   N/A

    Current Fiscal Year Revenue: $372,500

   Funding Source:    Fund 400: 100%

County Audit in last 3 years: No

   Levine Act Review Completed: Yes


    Prior Board Action:         12/4/2018 #S38B






Find that the project is categorically exempt from the California Environmental Quality Act (CEQA), Class 5 (Minor Alteration to Land Use Limitations) pursuant to CEQA Guidelines, Section 15305.



Find that the property rights that are to be quitclaimed or conveyed by the Orange County Flood Control District, as set forth in the attached Agreement, are not required for flood control purposes.



Find that the conveyances by the Orange County Flood Control District, as set forth in the attached Agreement, including (a) quitclaim of the exchange parcel, (b) a permanent storm drain easement, (c) quitclaim of the remnants of a former flood control easement, and (d) a twenty-year License are compatible with the Orange County Flood Control District use and purposes for the property.



Adopt Resolution, attached hereto as Attachment I, declaring that the Orange County Flood Control District property being conveyed to FCD, LLC, is exempt surplus land pursuant to the Surplus Land Act and the state of California’s Department of Housing and Community Development Guidelines regarding the Surplus Land Act.



Approve and execute the Agreement between the Orange County Flood Control District and FCD, LLC, attached hereto as Attachment B.



Approve and execute the conveyance deeds pursuant to the Agreement in substantially the form attached hereto as Attachments C, E, F, and G.



Approve and execute the acceptance of the quitclaim deed from FCD, LLC, in substantially the form attached hereto as Attachment D, conveying fee interest in real property to the Orange County Flood Control District, pursuant to the Agreement. 



Approve and execute the License Agreement in substantially the form attached hereto as Attachment H between Orange County Flood Control District and FCD, LLC, to allow OC Vibe to utilize a 2-acre Orange County Flood Control District-owned parcel for commercial parking purposes for a period of up to 20 years. The License Agreement will also allow for temporary construction purposes during the construction of River Road and a storm drain which shall commence upon the recordation of the deeds.



Authorize the Chief Real Estate Officer or designee to approve and execute any other documents necessary to complete the contemplated transaction, to make any non-substantive changes to the agreements and deeds as described herein and to perform all activities necessary to complete the project.







Approval of the Agreement and deeds will result in a property exchange between the Orange County Flood Control District (“District”) and FCD, LLC, necessary for the construction of a new public roadway; creation of a public storm drain easement; and removal of an unused former flood control easement from title. Approval of the License Agreement will allow for OC Vibe’s continued use of the District owned parcel for up to 20 years primarily for parking purposes but will also allow for temporary construction activities and create annual revenue for the District. 







OC Vibe is a master planned mixed use project to be developed on 95 acres surrounding the Honda Center. Henry and Susan Samueli and their affiliated companies, including H&S Ventures LLC, Anaheim Real Estate Partners LLC, FCD, LLC, and TS Anaheim LLC, are the developer and/or underlying fee landowners of the OC Vibe Project (“Developer”). The Developer requested an exchange of equal portions (.296 acres) of District owned property for OC Vibe owned property to reconfigure both parcels in such a way that will accommodate the design and development of River Road, a new public right of way that will serve the residents and visitors of Orange County. River Road will eventually be dedicated to the City of Anaheim and will be developed as shown in the Location Map attached hereto as Attachment A.

The District and Developer have prepared an Agreement, attached hereto as Attachment B, to document the terms and conditions of the exchange and other components of this transaction. The locations of the parcels to be exchanged are described and depicted in the Quitclaim deeds attached as Attachment C and D hereto.

As necessary components of its project, the Developer requested that the District convey a permanent Storm Drain Easement across District property as shown in the Easement Deed attached hereto as Attachment E. The Storm Drain itself will be dedicated to the City of Anaheim.

There are two parts of a long linear former flood control easement on a portion of the Honda Center parking lot owned by TS Anaheim LLC and a small portion of the easement is also on the Honda Center property which is owned by the City of Anaheim. The center portion of the former easement was quitclaimed to FCD, LLC, on March 29, 2019, when it acquired fee ownership of this area. The Developer has requested that the District quitclaim its interest in these easement remnants to the underlying fee owners.  The easement is not useful or necessary for flood control operations and the District requests to quitclaim its interest to each underlying fee owner as shown in the Quitclaim Deeds attached as Attachment F and G.

In 2018, the District and FCD, LLC, entered into a short-term Parking License Agreement to allow FCD, LLC, to operate Honda Center parking over a 2-acre parcel of District land. The parties now desire to replace the Parking License with a new License Agreement which increases the term to 20 years and authorizes the Developer’s utilization of the newly reconfigured District Property for parking. The License Agreement also permits temporary construction activities to occur within the License Area during construction of River Road and the storm drain. The new License will become effective upon the completion of the property exchange and recordation of the Quitclaim Deeds and is attached hereto as Attachment I.


A valuation analysis for this transaction was completed by the County Appraiser. The valuation for the two equal .296-acre parcels being exchanged was determined to be $0 as it is an equivalent exchange. The value of the storm drain easement is $25,000 and the value of the remnant portions of the former District easement to be quitclaimed is $327,500. The net purchase price to the District is $352,500. FCD, LLC, will also pay the District an Administrative Transaction Fee of $20,000. Additionally, the License Agreement will generate $116,000 per year along with annual 3% increases, in revenue to the District.

Compliance with CEQA: The proposed project is Categorically Exempt (Class 5) from the provisions of CEQA pursuant to Section 15305, because the exemption provides for minor alterations in land use limitations and minor lot line adjustments.


General Plan Conformity: This project is in conformance with the City of Anaheim General Plan.







OC Vibe will pay the District a total of $372,500 into Fund 400. Revenue related to this agreement are included in Fund 400 FY 2023-24 Budget and will be included in the budgeting process for future years.













Orange County Flood Control District




Attachment A: Location Map
Attachment B: Agreement
Attachment C: Quitclaim Deed – .296-acre District Property to FCD, LLC 
Attachment D: Quitclaim Deed – .296-acre FCD, LLC to District
Attachment E: Storm Drain Easement
Attachment F: Quitclaim Deed District to TS Anaheim
Attachment G: Quitclaim Deed District to City of Anaheim
Attachment H: License Agreement
Attachment I: Surplus Land Act Resolution
Attachment J: Real Estate Questionnaires 
Attachment K: Government Code Section CA Water Code Appendix section 36-2