REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
June 23, 2026
FROM
NOEL CASTILLO, Chief Flood Control Engineer, Flood Control District
TERRY W. THOMPSON, Director, Real Estate Services Department
SUBJECT
Title
Purchase and Sale Agreement for the Sale of Surplus Property and Easement Acquisition in Adelanto
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Flood Control District:
1. Adopt Resolution:
a. Finding that the sale of certain San Bernardino County Flood Control District-owned land described in Recommendation No. 1.b. and the acquisition of an easement over adjacent Auburn Travel Center, LLC-owned land described in Recommendation No. 1.d is an exempt project under the California Environmental Quality Act Guidelines, Section 15312 Surplus Government Property Sales and 15305 Minor Alterations in Land Use Limitations.
b. Declaring that portions of certain San Bernardino County Flood Control District-owned real property, consisting of a total of approximately 10,133 square feet of land (portions of Assessor’s Parcel Number 0459-053-55-0000), located in the City of Adelanto, are no longer necessary for the use and purpose of the San Bernardino County Flood Control District and is surplus and available for disposal pursuant to County Policy No. 12-17.
c. Declaring that said land, described in Recommendation 1.b., is exempt surplus pursuant to Government Code Section 54221(f)(1)(B).
d. Authorizing the sale of said land, in Recommendation No. 1.b., to Auburn Travel Center, LLC, pursuant to Water Code Appendix section 43-6, Government Code Section 54221(f)(1)(B), and County Policy 12-17 upon payment of $9,890, and authorizing the acquisition of an easement of approximately 217.43 square feet, for access and maintenance purposes over a portion of adjacent Auburn Travel Center, LLC-owned property (portion of Assessor’s Parcel Number 0459-053-56-0000) at a cost of $359, for a net payment of $9,531, plus reimbursement of administrative costs of approximately $20,000.
2. Approve Purchase and Sale Agreement and Escrow Instructions with Auburn Travel Center, LLC, for the sale of certain portions of San Bernardino County Flood Control District-owned land, comprising a total of approximately 10,133 square feet of real property (portions of Assessor’s Parcel Number 0459-053-55-0000) in the City of Adelanto, to Auburn Travel Center, LLC, upon payment of $9,890, and the acquisition of an access and maintenance easement of approximately 217.43 square feet over adjacent Auburn Travel Center, LLC-owned property (a portion of Assessor’s Parcel Number 0459-053-56-0000) in the City of Adelanto from Auburn Travel Center, LLC at a cost of $359, for a net payment of $9,531, plus reimbursement of administration costs of approximately $20,000.
3. Authorize the Chair of the Board of Supervisors to execute the Grant Deed, upon close of escrow, to convey a total of approximately 10,133 square feet of San Bernardino County Flood Control District-owned real property (portions of Assessor’s Parcel Number 0459-053-55-0000), in the City of Adelanto to Auburn Travel Center, LLC, subject to County Counsel review.
4. Direct the Director of the Real Estate Services Department to transmit the Grant Deed to the Clerk of the Board of Supervisors within 30 days after execution.
5. Authorize the Director of Real Estate Services Department to execute any non-substantive documents, including but not limited to, escrow documents such as disclosures and the closing statement, as necessary to complete these transactions, subject to County Counsel review.
6. Direct the Real Estate Services Department to file the Notice of Exemption in accordance with 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.
Foster Sustainable Development Through Strategic Partnerships.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The San Bernardino County Flood Control District (FCD) is funded by property tax revenue, fee revenue, and other local, state, and federal funding. FCD will receive revenue for Zone 4 (1940002532 FCSUR2300003) in the net amount of $9,531, plus reimbursement for administration costs totaling an estimated $20,000 for the sale of the land and acquisition of the access and maintenance easement in Recommendation No. 2.
BACKGROUND INFORMATION
Certain portions of FCD-owned property in the City of Adelanto, consisting of approximately 9,790 square feet and approximately 343 square feet for a total of approximately 10,133 square feet (portions of Assessor’s Parcel Number (APN) 0459-053-55-0000) (FCD Property), is no longer necessary for the use and purpose of FCD and is surplus and available for disposal. The FCD property is located on the south side of Auburn Avenue, east of U.S. Highway 395 in the City of Adelanto.
Auburn Travel Center, LLC (Auburn) contacted FCD to inquire about purchasing the FCD Property for inclusion in a development on Auburn’s property located adjacent to and southwest of the FCD Property. FCD determined that the FCD Property is surplus as it is not currently used for flood control purposes nor is there a need to do so in the future. However, FCD has requested an access and maintenance easement over a portion of the Auburn property, consisting of approximately 217.43 square feet (portion of APN 0459-053-56-0000), as part of the transaction.
FCD requested that the Real Estate Services Department (RESD) assist with the proposed fee disposition of the FCD Property and easement acquisition over a portion of the Auburn property at fair market value. RESD staff appraised the property interests for the transaction and concluded that the fair market value of the FCD Property is $9,890 and the fair market value of the easement over the Auburn property is $359, resulting in a net payment to FCD of $9,531 for the transaction, using a commonly used and acceptable method of valuation. Auburn will make a net payment of $9,531 and reimburse FCD’s administrative costs.
Policy No. 12-17 provides that if property is no longer needed, the governing Board (FCD Board) may declare it surplus and authorize the disposition of the property at fair market value. Because there is no flood control purpose for the FCD Property, FCD requests that the FCD Board declare the FCD Property surplus. The sale of the FCD Property was reviewed pursuant to the Surplus Land Act, and because the FCD Property is less than half an acre and is not contiguous to land owned by a state or local agency that is used for open-space or low and moderate-income housing purposes, RESD staff recommends that the FCD Board find that the FCD Property is exempt surplus pursuant to Government Code Section 54221(f)(1)(B). In accordance with California Department of Housing and Community Development (HCD) Surplus Land Act Guidelines Section 400(e), RESD will provide a copy of the Resolution to HCD for review and concurrence, which is a closing condition for the sale.
Approval of Recommendation No. 3 will authorize the Chair of the FCD Board to execute, upon close of escrow, a Grant Deed in substantially the form approved in the Purchase and Sale Agreement, pursuant to Recommendation No. 2, to convey the FCD Property to Auburn, subject to County Counsel review. Upon close of escrow, the easement grant over Auburn property will be accepted by the Director of RESD pursuant to Resolution #2012-45 adopted on March 27, 2012 (Item No. 75).
Approval of Recommendation No. 5 will authorize the Director of RESD to execute any non-substantive documents, including but not limited to, escrow documents such as disclosures and the closing statement, as necessary to complete this transaction. The Director of RESD will not be authorized to execute any documents that would bind FCD to any actions not contemplated by, or arising from, the transaction which is the subject of these recommendations.
The sale of the FCD Property and the acquisition of the easement over the Auburn property was reviewed pursuant to the California Environmental Quality Act (CEQA) and was determined to be categorically exempt from further environmental review under California Code of Regulations Sections 15312 Surplus Government Property Sales and 15305 Minor Alterations in Land Use Limitations of the CEQA Guidelines. These exemptions are applicable because the project involves (1) the sale of the FCD Property comprises two small portions of FCD-owned property (portions of APN 0459-053-55-0000) that are no longer needed for operational use, and (2) the acquisition of a non-exclusive easement across adjacent Auburn property (portion of APN 0459-053-56) will not involve physical alterations or any changes to the existing land use. FCD will have fulfilled its obligation under CEQA for this FCD Property with the posting of the Notice of Exemption by RESD.
PROCUREMENT
The FCD Property may be declared surplus pursuant to County Policy No. 12-17, declared exempt surplus pursuant to Government Code Section 54221(f)(1)(B), and sold pursuant to Government Code section 54221(f)(1)(B), Water Code Appendix section 43-6, and County Policy No. 12-17. FCD can acquire the easement pursuant to Water Code Appendix section 43-6.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng, Deputy County Counsel, 387-5455) on April 28, 2026; Flood Control District (Noel Castillo, Chief Flood Control Engineer, 387-7906) on March 31, 2026; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on March 30, 2026; and County Finance and Administration (Eduardo Mora, 387-4376, Administrative Analysts) on June 2, 2026.
(BF: 361-8976)