REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
May 24, 2022
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
BRENDON BIGGS, Director, Department of Public Works-Transportation
SUBJECT
Title
Appraisal and Acquisition of Permanent and Temporary Easements for the Macy Street Sidewalk Improvement Project in the Unincorporated Area of Muscoy
End
RECOMMENDATION(S)
Recommendation
1. Approve Appraisal No. 21-32, a copy of which is on file with the Real Estate Services Department.
2. Authorize the acquisition of two permanent roadway easements and four temporary construction easements on portions of four parcels described in Recommendation No. 3, from four property ownerships for the Macy Street Sidewalk Improvement Project on the west side of Macy Street in the unincorporated Muscoy area of San Bernardino County.
3. Approve the following acquisition agreements for the easement interests with four property ownerships for a total just compensation of $27,830:
a. Acquisition Agreement with the owner(s) of Assessor Parcel Number 0268-041-11 for a permanent roadway easement totaling 544 square feet and a temporary construction easement, which temporary construction easement is for a term of June 1, 2022, through completion of the project or December 1, 2022, whichever occurs first, totaling 144 square feet in the amount of $10,100.
b. Acquisition Agreement with the owner(s) of Assessor Parcel Number 0268-041-22 for a temporary construction easement totaling 234 square feet for a term of June 1, 2022, through completion of the project or December 1, 2022, whichever occurs first, in the amount of $7,500.
c. Acquisition Agreement with the owner(s) of Assessor Parcel Number 0268-041-23 for a temporary construction easement totaling 200 square feet for a term of June 1, 2022, through completion of the project or December 1, 2022, whichever occurs first, in the amount of $1,500.
d. Acquisition Agreement with the owner(s) of Assessor Parcel Number 0268-0131-15 for a permanent roadway easement totaling 1,264 square feet and a temporary construction easement, which temporary construction easement is for a term of June 1, 2022, through completion of the project or December 1, 2022, whichever occurs first, totaling 444 square feet in the amount of $8,730.
4. Authorize the Director of the Real Estate Services Department to execute any other documents necessary to complete these transactions, subject to County Counsel review.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The Macy Street Sidewalk Improvement Project (Project), in the unincorporated Muscoy area, is funded with Gas Tax revenue and Community Development Block Grant (CDBG) funds. The total cost to acquire two permanent easements and four temporary construction easements (TCEs) is $27,830. Sufficient appropriation and revenue is included in Department of Public Works’ (DPW) 2021-22 and 2022-23 Road Operations’ budget (6650002000, 20H15019).
BACKGROUND INFORMATION
Approval of this item will authorize the acquisition of permanent roadway easements and TCEs on portions of four parcels for the Project. The TCEs are for a term of June 1, 2022, through completion of the Project or December 1, 2022, whichever occurs first.End
DPW requires two permanent roadway easements totaling 1,808 square feet and four TCEs totaling 1,022 square feet across four parcels to complete the Project. DPW has requested assistance from the Real Estate Services Department (RESD) in the appraisal and acquisition of right of way required for the Project.
The portions of land to be acquired from the parcels are described as follows:
|
Site Number |
Assessor Parcel Numbers |
Property Use/Type |
Parcel Size |
Proposed Easement Areas |
|
Permanent Roadway Easement (E)-1 & TCE-1 |
0268-041-11 |
Single Family Residence |
0.48 acres |
Road Easement 544 sf Temporary Construction 144 sf |
|
TCE-2 |
0268-041-22 |
Single Family Residence |
0.59 acres |
Temporary Construction 234 sf |
|
TCE-3 |
0268-041-23 |
Single Family Residence |
0.39 acres |
Temporary Construction 200 sf |
|
E-4 & TCE-4 |
0268-131-15 |
Single Family Residence |
1.10 acres |
Road Easement 1,264 sf Temporary Construction 444 sf |
RESD reviewed the Project with DPW and initiated the appraisal of the property interests under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Government Code section 7260 et seq., corresponding regulations, and San Bernardino County (County) Policy No. 12-20, for acquisition of property rights for a public project.
Appraisal No. 21-32, a copy which is on file with the RESD, was professionally reviewed and approved by qualified RESD staff. The appraisal establishes the amounts of just compensation to be paid to the property owners for the easement interests necessary to construct the Project. RESD recommends that the appraisals and just compensation amounts be approved, and that the Board of Supervisors (Board) approve agreements with the impacted property owners.
If this item is approved, the Director of the Real Estate Services Department will accept the easements described in Recommendation No. 3 pursuant to the resolution adopted by the Board on March 27, 2012 (Item No. 75).
On September 14, 2021 (Item No. 34), the Board approved the Project and considered a categorical exemption in accordance with the California Environmental Quality Act (CEQA). The Clerk of the Board of Supervisors was directed to file and post a Notice of Exemption. Accordingly, no further action is required under CEQA.
Pursuant to delegated authority from the United States Department of Housing and Urban Development, on June 28, 2021, the County’s Department of Community Development and Housing reviewed the Project for compliance under the National Environmental Policy Act and determined the Project is categorically excluded pursuant to Title 24 of the Code of Federal Regulations, Section 58.34(a)(12).
PROCUREMENT
RESD can make offers and acquire the necessary right of way in conformance with all applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Government Code section 7260 et seq., corresponding regulations, and County Policy No. 12-20.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Scott Runyan, Principal Assistant County Counsel, and Aaron Gest, Deputy County Counsel, 387-5455) on May 20, 2022; Department of Public Works (Mervat Mikhail, Interim Deputy Director, 387-7916) on April 18, 2022; Purchasing Department (Bruce Cole, Supervising Buyer, 387-2148) on April 15, 2022; Finance (Carl Lofton, Administrative Analyst, 387-5404) on May 6, 2022; and County Finance and Administration (Diana Atkeson, Deputy Executive Officer, 387-4376) on May 6, 2022.
(MR: 454-8407)