Agenda Item AGENDA STAFF REPORT ASR Control 24-000140
MEETING DATE:	03/12/24
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	5
SUBMITTING Agency/Department:	County Executive Office (Approved)
Department contact person(s):	Thomas Miller (714) 834-6019
	Dylan Wright (714) 480-2788

Subject: Transfer of Long View Park Access Easement to City of Laguna Niguel

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

4/5 Vote

Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

Staffing Impact:

No

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: N/A

Funding Source: N/A	County Audit in last 3 years: No
Levine Act Review Completed: N/A

Prior Board Action: 5/2/1984 #1

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