Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  21-000456

 

MEETING DATE:

06/22/21

legal entity taking action:

Orange County Flood Control District

board of supervisors district(s):

4

SUBMITTING Agency/Department:

County Executive Office   (Approved)

Department contact person(s):

Nardy Khan (714) 647-3906 

 

 

Thomas Miller (714) 834-6019

 

 

Subject:  Orange County Flood Control District Quitclaims to City of Anaheim

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Consent Calendar

 

 

3 Votes Board Majority

 

 

 

    Budgeted: No

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: $5,000

  Funding Source: See Financial Impact Section

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 the easement rights as described in the attached Quitclaim Deeds are surplus and no longer needed for Orange County Flood Control District's flood purposes.

 

3.

Approve and authorize the Chief Real Estate Officer or designee to execute two Quitclaim Deeds to remove Orange County Flood Control District easement rights from City of Anaheim property in return for $5,000 payment from the City of Anaheim.

 

4.

Authorize the Chief Real Estate Officer or designee to execute any collateral instruments to invoice and accept payment from the City of Anaheim or minor changes that do not materially alter the Quitclaim Deeds, nor result in any additional liability for the Orange County Flood Control District and/or County of Orange without further action from the Board of Supervisors.

 


 

 

SUMMARY:

 

Approval of the two Quitclaim Deeds will remove certain surplus Orange County Flood Control District easement rights no longer required for flood control purposes from title and will relieve the Orange County Flood Control District from ongoing obligation and liability for the easement area.

 

 

 

 

BACKGROUND INFORMATION:

 

In July of 2020, the City of Anaheim (City), in furtherance of its plans to retain Angels Baseball in Anaheim and facilitate development of financial and entertainment opportunities in and around the City-owned Anaheim Stadium property (Property), initiated a request for the Orange County Flood Control District (District) to review whether certain District held easements (Interests) that encumber the Property may be removed from title. The Interests (1) granted access to a pumping station that has no current foreseeable future use, and (2) granted right-of-way for construction of flood protection works along the Santa Ana River Channel.  Based upon the review of County staff in OC Public Works and County Executive Office (CEO) Real Estate, the attached two Quitclaim Deeds were prepared with legal descriptions for the Interests.  The Interests do not have a flood control purpose and thus are surplus to the District needs as the Santa Ana River channel, which is adjacent to the Property, is not planned to be expanded to the extent that retention of the Interests are necessary. Approval and finalization of the proposed Quitclaim Deeds will in essence vacate the Interests and relieve the District of future maintenance responsibilities and liability associated with said Interests.  As these Interests encumber City property for an unnecessary purpose, the removal of them from the Property is appropriate and any minimal value the Interests have is balanced out by the District’s relief from ongoing obligations for the easement area and associated liability.  In addition, as the Interests benefit District property, as the dominant tenement, they are not marketable and have no independent value to a third party.  This transaction was reviewed by the County Appraiser and he determined the Interests have nominal to no value and that a fee of $5,000 was sufficient to cover the value and any administrative costs for processing the Quitclaim Deeds.    

 

Approval and finalization of the proposed Quitclaim Deeds will remove the Interests as encumbrances on the Property and enable the City of Anaheim to complete its impending sale of Angel Stadium and retain Angels Baseball in Anaheim, thus generating positive economic impacts and community benefits. This will also clear the way for development of the Property as an urban village built around sports, homes, hotels, shopping, dining, entertainment, workplaces, and public transit, including plans for a 7-acre Community Benefit Park and a minimum of 466 affordable housing units on the Property.  This will result in a positive benefit to the District through generation of additional property tax revenue, as well as to the City and the general public.

 

Surplus Property: The Surplus Land Act does not apply to the easement rights involved.

 

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.

 

General Plan Conformity: This project conforms to the General Plan of the City of Anaheim.

 

Orange County Flood Control Act: The proposed project is authorized under Chapter 36, Section 2 (b) (12).

 

 

 

FINANCIAL IMPACT:

 

Revenue from  these Quitclaim Deeds is not included in Fund 400 FY 2020-21 Budget. Approval of this conveyance will result in District (Flood Fund 400) receiving $5,000 in unanticipated revenue for FY 2020-21. A fund balance adjustment will be made if required.

 

 

 

 

STAFFING IMPACT:

 

N/A

 

 

 

REVIEWING AGENCIES:

 

OC Public Works

 

ATTACHMENT(S):

 

Attachment A - Location Map
Attachment B - Quitclaim Deeds to the City of Anaheim
Attachment C - Orange County Flood Control Act Chapter 36, Section 2 (b) (12)
Attachment D - Real Estate Questionnaire