Agenda Item

AGENDA STAFF REPORT

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ASR Control 19-000549

 

MEETING DATE:

07/16/19

legal entity taking action:

Board of Supervisors and Orange County Flood Control District

board of supervisors district(s):

3

SUBMITTING Agency/Department:

OC Public Works†† (Approved)

Department contact person(s):

Khalid Bazmi (714) 667-3213

 

 

Nardy Khan (714) 667-3906

 

 

Subject: Approve Access Easement to Creekside Mobile Estates

 

††††† ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Consent Calendar

 

 

3 Votes Board Majority

 

 

 

††† 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

 

 

††† Prior Board Action: N/A

 

RECOMMENDED ACTION(S):

 

 

1.

Find that the project is categorically exempt from CEQA, Class 5 (Minor Alterations in land use limitations) pursuant to CEQA Guidelines, Section 15305.

 

2.

Find that the proposed ingress and egress easement conveyance over a covered segment of La Veta Storm Drain of approximately 2,195 square feet will not interfere with purposes of the Orange County Flood Control District.

 

3.

Approve and execute with notarized signature the Easement Deed to Threegulls, LLC from the Orange County Flood Control District conveying an ingress and egress easement to adjacent landowners of the Creekside Mobile Estates property in the City of Orange.

 

4.

Authorize the Director of OC Public Works or designee to take any actions necessary to carry out the terms of the Easement Deed.

 

 

 

 

SUMMARY:

 

Approval of the Easement Deed will afford landowners of Creekside Mobile Estates in the City of Orange access to their property over an adjacent covered segment of the La Veta Storm Drain on Orange County Flood Control District land, preventing their property from being landlocked from the public road, La Veta Drive.

 

 

BACKGROUND INFORMATION:

 

Landowners Threegulls, LLC and RFR Land Co. LLC (collectively Creekside) of the Creekside Mobile Estates, a mobile home development property in the City of Orange (City), request the Orange County Flood Control District (District) to convey an easement over approximately 2,195 square feet of the District-owned covered La Veta Storm Drain property (Easement Area) for their vehicular and pedestrian ingress and egress to their property from La Veta Drive. Approval of the proposed action will grant Creekside, their successor and assigns, easement rights needed to perfect property rights in what is currently the sole access way to Creekside Mobile Estates from a public road. Creekside Mobile Estates operates at its current location and utilizes the Easement Area as its entryway predated 1970. OC Public Works has determined the proposed easement conveyance is compatible with the Districtís use of the property for flood control purposes.

 

The proposed easement does not include payment of a purchase price to the District as it satisfies District obligations from the time the District acquired the subject parcel from the California Department of Transportation (Caltrans). Caltrans reserved access rights for benefit of the adjacent property owner, Creekside, in the Directorís Deed to the District dated December 11, 1970, for the subject parcel. Board of Supervisors approval of the Easement Deed is requested, as Creekside has otherwise been unable to secure title insurance covering said access over the Easement Area solely through the exercise of the Caltrans reservation in that Director's Deed.

 

Compliance with CEQA: The proposed project is Categorically Exempt (Class 5) from the provisions of CEQA pursuant to Section 15305 because it involves limited land use that does not result in changes to land use or density.

 

General Plan:The proposed transactions are consistent with the General Plan of the City.

 

 

 

FINANCIAL IMPACT:

 

All costs associated to complete the proposed conveyance and recordation are being paid by Creekside.

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - Location Map
Attachment B - Easement Deed
Attachment C - 1970 Director's Deed
Attachment D - Real Property Conveyance Questionnaire