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File #: 8106   
Type: Consent Status: Passed
File created: 6/5/2023 Department: Board Governed County Service Areas
On agenda: 6/13/2023 Final action: 6/13/2023
Subject: Easement for Roadway Purposes to the City of Hesperia
Attachments: 1. DEED-BGCSA-SDD-RESD-061323-Property Road Easement to City of Hesperia, 2. NOE-BGCSA-SDD-RESD-061323-Property Road Easement to City of Hesperia, 3. RES-BGCSA-SDD-RESD-061323-Property Road Easement to City of Hesperia, 4. Item #80 Executed BAI, 5. Grant of Easement Deed, 6. 2023-102 Executed Resolution

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF BOARD GOVERNED COUNTY SERVICE AREAS

AND RECORD OF ACTION

 

June 13, 2023

 

FROM

BRENDON BIGGS, Director of Public Works - Special Districts

TERRY W. THOMPSON, Director, Real Estate Services Department

      

SUBJECT                      

Title                     

Easement for Roadway Purposes to the City of Hesperia

End

 

RECOMMENDATION(S)

Recommendation

Acting as the governing body of County Service Area 70-J (Oak Hills):

1.                     Find that approval of a conveyance of a roadway easement to the City of Hesperia is an exempt project under California Environmental Quality Act Section 15061(b)(3).

2.                     Adopt a Resolution declaring the conveyance of an easement over a portion of County Service Area 70-J (Oak Hills)-owned real property, Assessor’s Parcel Number 0405-383-11, totaling approximately 29,012 square feet, located north of Ranchero Road between Fir Street and Maple Avenue in the City of Hesperia, to the City of Hesperia for roadway purposes, is in the public interest and will not substantially conflict or interfere with the use of the property by County Service Area 70-J (Oak Hills), and authorizing the conveyance of the easement to the City of Hesperia in accordance with Government Code section 25526.6, upon payment of $17,600 and administrative processing costs in the amount of $4,940.

3.                     Approve the Grant of Easement Deed over a portion of County Service Area 70-J (Oak Hills)-owned real property, Assessor’s Parcel Number 0405-383-11, totaling approximately 29,012 square feet, located north of Ranchero Road between Fir Street and Maple Avenue in the City of Hesperia, to the City of Hesperia for roadway purposes.

4.                     Authorize the Chair of the Board of Supervisors to execute the Grant of Easement Deed identified in Recommendation No. 3, subject to payment of $17,600 and administrative processing cost in the amount of $4,940.

5.                     Authorize the Director of the Real Estate Services Department to execute any other documents necessary to complete this transaction, subject to County Counsel review.

6.                     Direct the Clerk of the Board of Supervisors to file and post the Notice of Exemption as required under the California Environmental Quality Act.

(Presenter: Terry W. Thompson, Director, 387-5000)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Operate in a Fiscally-Responsible and Business-Like Manner.

Ensure Development of a Well-Planned, Balanced, and Sustainable County.

Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.

 

FINANCIAL IMPACT

Approval of this item will not result in the use of Discretionary General Funding (Net County Cost).  County Service Area 70-J (Oak Hills) (CSA 70-J) will receive a one-time payment for the easement in the amount of $17,600, plus reimbursement of administrative processing costs in the amount of $4,940.  The City of Hesperia (City) will be responsible for the construction, operation, and maintenance of the roadway improvements located within the easement area.

 

BACKGROUND INFORMATION

The conveyance of an easement to the City over a portion of CSA 70-J-owned real property, Assessor’s Parcel Number (APN) 0405-383-11, totaling approximately 29,012 square feet, located along the property’s westerly boundary, is for roadway purposes to accommodate surrounding neighborhood development.  The conveyance aligns with CSA 70-J’s goals of ensuring development of a well-planned, balanced, and sustainable community.

Frontier Communities (Frontier) was conditioned by the City to obtain a road easement over a portion of the CSA 70-J property in favor of the City.  This easement will allow Frontier to make road improvements on the easement area in connection with its proposed development to the west and northwest of the CSA 70-J property, to be known as Desert Willows Ranch, which will be a new residential community of 121 single-family homes (Project).

 

CSA 70-J reviewed the easement request and determined that it does not substantially conflict nor interfere with CSA 70-J’s use of the property.  Further, the proposed road improvements will also be used by CSA 70-J for all-weather access to its facilities on the property.  CSA 70-J requires compensation for the conveyance of the easement at fair market value and Frontier provided an appraisal of the easement.  Real Estate Services Department (RESD) staff reviewed the appraisal and accepted the appraised fair market value conclusion for the easement of $17,600, using a commonly used and acceptable method of valuation.  Frontier will pay the fair market value of $17,600 and reimburse CSA 70-J for administrative processing cost in the amount of $4,940 prior to the conveyance and recording of the easement.

 

Additionally, approval of this item will authorize the Director of RESD to execute any other incidental documents as necessary to complete this transaction, subject to County Counsel review.  The Director of RESD will not be authorized to execute any documents that would bind CSA 70-J to any actions not contemplated by, or arising from, the transaction which is the subject of these recommendations.

 

The project to approve the conveyance of a roadway easement to the City was reviewed pursuant to the California Environmental Quality Act (CEQA) and determined to be categorically exempt under Section 15061(b)(3) - Common Sense Exception.

 

PROCUREMENT

CSA 70-J is authorized to convey the easement to the City in accordance with section 25526.6 of the Government Code. 

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Agnes Cheng, Deputy County Counsel, and

Aaron Gest, Deputy County Counsel, 387-5455) on May 25, 2023; Special Districts (Jared Beyeler, Administrative Supervisor, 760-962-1505) on April 25, 2023; Purchasing (Michelle

Churchill, Supervising Buyer, 387-2070) on May 25, 2023; Finance (Tom Forster, Administrative Analyst, and Garrett Baker, Administrative Analyst, 387-3077) on May 25, 2023; and County Finance and Administration (Valarie Clay, Deputy Executive Officer, 387-5423) on May 25, 2023.

(JAG: 677-8210)