REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
SITTING AS THE GOVERNING BOard OF THE FOLLOWING:
SAN BERNARDINO COUNTY
BOARD GOVERNED COUNTY SERVICE AREAS
AND RECORD OF ACTION
January 14, 2025
FROM
BRETT GODOWN, Director, Department of Airports
TERRY W. THOMPSON, Director, Real Estate Services Department
SUBJECT
Title
Grant Deeds to Complete Merger of Vacant Land and to Correct the Title at Apple Valley Airport
End
RECOMMENDATION(S)
Recommendation
1. Acting as the governing body of San Bernardino County:
a. Approve a perfecting Grant Deed for a total of approximately 64.87 acres of land at Apple Valley Airport, to complete the merger of two San Bernardino County-owned parcels (Assessor’s Parcel Numbers 0463-381-76-0000, consisting of approximately 46.01 acres and a portion of 0463-381-77-0000, consisting of approximately 18.86 acres).
b. Approve a corrective Grant Deed to convey approximately 64.87 acres of merged land at Apple Valley Airport, referenced in Recommendation No. 1.a., to San Bernardino County Service Area 60 (Apple Valley Airport).
c. Approve a corrective Grant Deed to convey 23 parcels of San Bernardino County-owned land at Apple Valley Airport, consisting of a total of approximately 737.777 acres, for Assessor’s Parcel Numbers as detailed in the Background section, to San Bernardino County Service Area 60 (Apple Valley Airport).
d. Authorize the Director of the Real Estate Services Department to execute any other non-substantive documents to complete this transaction, subject to County Counsel review.
2. Acting as the governing body of County Service Area 60 (Apple Valley Airport):
a. Approve the acceptance of a corrective Grant Deed for approximately 64.87 acres of merged land at Apple Valley Airport from San Bernardino County (Assessor’s Parcel Numbers 0463-381-76-0000 and a portion of 0463-381-77-0000).
b. Approve the acceptance of a corrective Grant Deed for 23 parcels of land at Apple Valley Airport, consisting of a total of approximately 737.777 acres, for Assessor’s Parcel Numbers as detailed in the Background section, from San Bernardino County.
c. Approve a corrective Grant Deed to convey two parcels of County Service Area 60-owned land at Apple Valley Airport, consisting of a total of approximately 4.7 acres (Assessor’s Parcel Numbers 0463-32-13-0000 and a portion of 0463-232-14-0000), to San Bernardino County Service Area 60 (Apple Valley Airport).
d. Authorize the Director of the Real Estate Services Department to execute the acceptance certificates for the Grant Deeds, for the land in Recommendations 2.a. and 2.b., and any other non-substantive documents to complete this transaction, subject to County Counsel review.
(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.
Provide for the Safety, Health and Social Services Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). There is no cost associated with recording the perfecting Grant Deed (Grant Deed) or any corrective Grant Deeds.
BACKGROUND INFORMATION
This item requests approval of a perfecting grant deed to complete the merger of two parcels at Apple Valley Airport (Airport) to enable its development for a proposed detention basin at the Airport and multiple corrective deeds to consistently title all land at the Airport needed to facilitate future land transactions and any grant awards from the Federal Aviation Administration (FAA).
On June 22, 2021 (Item No. 108), the Board of Supervisors (Board), acting on behalf of County Service Area 60 (CSA 60), authorized the acquisition of an 18.86-acre property [portion of Assessor’s Parcel Number (APN) 0463-381-77-0000] (Property), located in the Town of Apple Valley (Town), for the proposed construction of a drainage detention basin on the south end of the Apple Valley Airport (Project). The Board also delegated authority to the Director of the Real Estate Services Department (RESD) to execute an acquisition agreement for the purchase of the Property.
The acquisition of the Property would have created a standalone parcel, which did not meet the Town’s lot line adjustment and Development Code requirements. Since the Property is located adjacent to existing land owned by the County, consisting of approximately 46.01 acres (APN 0463-381-76-000) (Existing Land), it was determined that the Property could be acquired and then merged with the Existing Land to form one property totaling approximately 64.87 acres, which would comply with the Town’s requirements.
On August 12, 2021, an Acquisition Agreement and Escrow Instructions (Acquisition Agreement) for CSA 60’s purchase of the Property was fully executed by the RESD Director and the Property owners. After the purchase of the Property, the Town initiated the process to merge the Property with the Existing Land. A Certificate of Compliance/Lot Merger No. COC 2023-005 (COC) was executed by the Town on June 20, 2023, and recorded on June 27, 2023, as Instrument No. 2023-0157355 in the official records. A perfecting grant deed is now required to complete the merger.
On June 22, 2021 (Item No. 108), the Board of CSA 60 adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and made certain finding of fact as Lead Agency for the Project under the California Environmental Quality Act (CEQA). The Notice of Determination was posted at that time. The perfecting deed and the corrective deeds do not constitute a project under CEQA, and no further review is required under CEQA.
While processing the perfecting deed, it was discovered that, although title to the Property was taken in the County’s name to facilitate the merger process, it should have been taken in CSA 60’s name pursuant to the Acquisition Agreement. However, the County will be transferring the Property, as merged, to CSA 60 pursuant to Recommendation 2.a.
It was also discovered that title to the land at the Airport is not consistently held. Most of the land is titled in the County’s name with some parcels held by CSA 60. Since all land at the Airport was acquired with CSA 60 funds, and to facilitate future property transactions and any grant awards from the FAA, this item requests approval for multiple corrective deeds to consistently title all Airport land. Although the County formed CSA 60, the County is the Airport sponsor from the FAA’s perspective. Therefore, the land at the Airport will be titled “San Bernardino County Service Area 60 (Apple Valley Airport).” This preserves CSA 60’s ownership while more clearly showing that it’s a related entity of the County.
The corrective deed from the County to San Bernardino County Service Area 60 (Apple Valley Airport) will include the following properties:
|
Property Owner |
APN |
|
County of San Bernardino |
0437-201-01-0000 |
|
County of San Bernardino |
0437-201-02-0000 |
|
County of San Bernardino |
0437-201-03-0000 |
|
County of San Bernardino |
0437-201-04-0000 |
|
County of San Bernardino |
0437-201-05-0000 |
|
County of San Bernardino |
0437-201-06-0000 |
|
County of San Bernardino |
0437-201-07-0000 |
|
County of San Bernardino |
0437-201-17-0000 |
|
County of San Bernardino |
0437-201-18-0000 |
|
County of San Bernardino |
0437-201-19-0000 |
|
County of San Bernardino |
0437-201-20-0000 |
|
County of San Bernardino |
0437-213-01-0000 |
|
County of San Bernardino |
0437-213-09-0000 |
|
County of San Bernardino |
0437-213-37-0000 |
|
County of San Bernardino |
0463-232-43-0000 |
|
County of San Bernardino |
0436-232-45-0000 |
|
County of San Bernardino |
0463-232-47-0000 |
|
County of San Bernardino |
0463-321-01-0000 |
|
County of San Bernardino |
0463-321-02-0000 |
|
County of San Bernardino |
0463-321-03-0000 |
|
County of San Bernardino |
0463-331-01-0000, 0463-331-02-0000 |
|
County of San Bernardino |
0463-352-08-0000 |
|
County of San Bernardino |
0463-372-23-0000 |
The corrective deed from County Service Area 60 to San Bernardino County Service Area 60 (Apple Valley Airport) will include the following properties:
|
Property Owner |
APN |
|
County Service Area 60 |
0463-232-13-0000 |
|
County Service Area 60 |
0463-232-14-0000 |
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng, Deputy County Counsel, 387-5455) on December 17, 2024; Airports (Brett Godown, Director, and Maureen Snelgrove, Assistant Director, 387-8810) on October 18, 2024; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on October 22, 2024; Finance (Elias Duenas, 387-4052, and Ivan Ramierz, 387-4020, Administrative Analysts) on December 19, 2024; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on December 20, 2024.
(TJS: 893-0340)