Agenda Item
ASR
Control 24-000140 |
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MEETING
DATE: |
03/12/24 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
5 |
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SUBMITTING Agency/Department: |
County
Executive Office (Approved) |
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Department contact person(s): |
Thomas
Miller (714) 834-6019 |
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Dylan
Wright (714) 480-2788 |
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Subject: Transfer of Long View Park Access
Easement to City of Laguna Niguel
ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Discussion |
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4/5
Vote |
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Budgeted: N/A |
Current Year
Cost: N/A |
Annual Cost: N/A |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 5/2/1984 #1 |
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RECOMMENDED
ACTION(S):
1. |
Find that the project
is categorically exempt from the California Environmental Quality Act (CEQA),
Class 5 (Minor Alteration in Land Use) pursuant to CEQA Guidelines, Section
15305. |
2. |
Find that the proposed
transfer of the access easement between the County of Orange and the City of
Laguna Niguel, as shown on the Location Map attached hereto as Attachment A
and set forth in the quitclaim deed, will not interfere with the public
purposes of County of Orange and that the access easement is not necessary
for County purposes. |
3. |
Approve and authorize
the Chairman of the Board of Supervisors to execute the quitclaim deed
transferring a park maintenance access easement to the City of Laguna Niguel,
attached hereto as Attachment B. |
4. |
Authorize the Chief Real Estate Officer
or designee to perform any activities and execute any additional documents,
necessary to complete the transaction contemplated herein. |
SUMMARY:
Approval and execution of the
proposed quitclaim deed will enable the County of Orange to convey an easement
to the City of Laguna Niguel for park maintenance access to Long View Park,
which is not necessary for County use because the park was transferred to the
City of Laguna Niguel during incorporation in 1989.
BACKGROUND
INFORMATION:
In the 1980s, the County of Orange
(County) was offered “Lot A” within Tract 9880 “for park purposes.” The lot is now within the City of Laguna
Niguel (City), which incorporated in 1989.
The County never accepted the offer other than for recordation
purposes. As described below, upon
incorporation, the City accepted the offer of dedication and subsequently Lot A
became Long View Park (Park), which is still owned and maintained by the City.
The Park is surrounded by a residential community developed by Bear Brand Ranch
(BBR). In 1984, the County vacated the area streets, which reverted ownership
to BBR in order for BBR to provide a gated community, as approved by the Board
of Supervisors (Board) via Board Resolution 84-627 (Attachment C) on May 2,
1984. As part of this resolution, the County reserved an easement “for park
maintenance purposes” that ran along Old Ranch Road starting at Camino Del
Avion running alongside the Park (Easement).
In 1989, the City incorporated, and
the offer of dedication for Lot A was transferred to the City. However, the
Easement was not transferred to the City at that time. The Easement passes over
private property owned by the Bear Branch Community Association and in order to
ensure unobstructed maintenance of the Park by the City and to provide
documented access rights to the Park, the City requested a transfer of the
Easement from the County to the City.
The County does not own or manage
the Park, the Easement does not serve a County purpose, and transferring the
Easement ensures that the City can access their Park for maintenance purposes.
Based on this, CEO Real Estate and OC Community Resources/OC Parks recommend
the approval and execution of the Quitclaim Deed transferring the Easement to
the City to facilitate their continued ownership and maintenance of the Park.
FINANCIAL
IMPACT:
N/A
STAFFING
IMPACT:
N/A
REVIEWING
AGENCIES:
OC
Community Resources/OC Parks
ATTACHMENT(S):
Attachment
A – Location Map
Attachment B – Quitclaim Deed
Attachment C – Resolution 84-627
Attachment D – Government Code Section 25365
Attachment E – Real Estate Conveyance Questionnaire