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2013-11-05; City Council; 21411; Authorize Sale Buena Vista Reservoir PR 13-47
13 CITY OF CARLSBAD - AGENDA BILL AB# 21,411 MTG. 11/5/13 DEPT. PW-PEM AUTHORIZE THE SALE OF CITY PROPERTY IDENTIFIED AS THE BUENA VISTA RESERVOIR PROPERTY, APN 156-200-16-00 (PR 13-47) DEPT. DIRECTOR CTTY Am CITY MGR. RECOMMENDED ACTION: 2013-255 _of the City Council of the Hold a public hearing and ADOPT Resolution No. City of Carlsbad authorizing the sale of city property identified as the Buena Vista Reservoir Property, APN 156-200-16-00. ITEM EXPLANATION: On September 24, 2013 the Carlsbad City Council approved Resolution No. 2013-234 approving the Notice of Intention to sell city property located at the vacated Buena Vista Reservoir Property and set November 5, 2013 as the date to hear any protests to the sale at a public hearing. Pursuant to California Code Section 37420, the resolution also includes a declaration that the public interest and convenience require the sale of this property. The declaration was supported by findings of fact that financial benefits will accrue to the city directly from the sale of the property and from future property tax revenues generated upon transfer of the property into private ownership. Future development of the property will provide additional housing opportunities that will benefit the community at large. It is expected that the development of any project on the Buena Vista Reservoir Property will be required to go through the standard review and authorization process and will be required to comply with all applicable laws and regulations. The public hearing is required by Government Code to provide interested parties the opportunity to protest the proposed sale of public property. Protests may be made orally at the Council meeting or submitted in writing to the Carlsbad City Clerk prior to this meeting. At the conclusion ofthe public hearing, City Council may take final action on the decision to sell the property. A simple affirmative majority vote is required if there are no protests and a four-fifths affirmative majority vote is required if there are protests. DEPARTMENT CONTACT: Joe Garuba (760) 434-2893 or ioe.qaruba@carlsbadca.aov FOR SECRETARY'S USE ONLY. BOARD ACTION: APPROVED • CONTINUED TO DATE SPECIFIC n. DENIED • CONTINUED TO DATE UNKNOWN WITHDRAWN • RETURNED TO STAFF AMENDED • BOARD RECEIVED THE • REPORT/PRESENTATION OTHER - SEE MINUTES • Page 2 In conformance with Carlsbad Municipal Code section 2.24.065(a), the City Council must make a finding of general plan consistency in order to dispose of real property. The sale of the Buena Vista Reservoir Property does not conflict with any goal, objective or policy of the Carlsbad General Plan. Furthermore, the property is not needed for necessary public infrastructure and disposal of the property does not preclude the property's use for residential purposes consistent with the general plan. In the course of evaluating the property, staff identified an erroneous legal descnption on the recorded property title. This error was traced back to the original transfer in 1958 between the Carlsbad Mutual Water District and the City of Carlsbad. In order to rectify this error, staff has . provided a corrected grant deed and requests City Council authorization for the City Manager or his designee to file the correction documents with the San Diego County Assessor's Office. This action is necessary for the property to be sold. If the City Council determines it is in the public interest to sell the property, it will be marketed to potential buyers. Staff will return to the Carlsbad City Council with a formal recommendation after offers have been evaluated by staff and external real estate consultants (as needed). FISCAL IMPACT: The revenue generated from the sale of the property will be deposited into the City of Carlsbad's General Fund. The value ofthe property should be based on an appraisal ofthe highest and best use ofthe property; Staff has commissioned a formal appraisal ofthe property and will use the appraisal report to assist with the evaluation ofthe offers submitted. ENVIRONMENTAL IMPACTS: A resolution of authorization to sell city property does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Public Resources Code Section 21065. Future development of the Buena Vista Reservoir Property likely would be considered an in-fill development project. If so, it would also be exempt from environmental review based on CEQA Guidelines Section 15332. EXHIBITS: 1. Resolution No. 2013-255 of the City Council of the City of Carlsbad authorizing the sale of city property identified as the Buena Vista Reservoir Property, APN 156-200-16-00. 2. Buena Vista Reservoir Property Site Location Map 3. Buena Vista Reservoir Property Site Aerial Map 4. Corrected Grant Deed of Buena Vista Reservoir Property, APN 156-200-160-00. Exhibit 1 1 RESOLUTION NO. 2013-255 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE SALE OF CITY PROPERTY IDENTIFIED AS THE BUENA VISTA RESERVOIR PROPERTY. APN 156-200-16-00 23 24 25 26 27 28 WHEREAS, on September 24, 2013, City Council approved Resolution No. 2013-234 approving the Notice of Intention to sell city property located at the vacated Buena Vista 3 4 5 6 7 Reservoir Property (APN 156-200-16-00) and set November 5, 2013 as the date to hear any 8 protests to the sale at a public hearing; and ^ WHEREAS, a Notice of Public Hearing was published at least once in a daily newspaper published and circulated in the city. It was also posted for not less than ten days in at least 11 three conspicuous places upon the property to be sold; and 12 WHEREAS, the public hearing on the matter of the sale of the Buena Vista Reservoir ^4 Property was held on November 5, 2013, and all testimony and protests, if any, of all pe'rsons 15 desiring to be heard, was heard and considered by City Council; and WHEREAS, the Buena Vista Reservoir Property was originally acquired by the city with the dissolution ofthe Carlsbad Mutual Water District in the 1950's; and WHEREAS, the reservoir has been out of use for a prolonged period of time; and WHEREAS, pursuant to California Code Section 37420, the City Council finds that the 17 18 19 20 21 public convenience and interest is best served through the sale ofthe property; and 22 WHEREAS, these findings are supported by the financial benefit the city would receive from the revenue from the initial sale and the ongoing revenue generated from taxes; and WHEREAS, the revenue generated from the sale ofthe property will be directed to the City of Carlsbad's General Fund; and 3 20 21 22 23 24 27 28 community at large; and WHEREAS, the actual sale ofthe Buena Vista Reservoir Property will be brought to the City Council ofthe City of Carlsbad for future consideration. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 1 WHEREAS, development of the site will provide additional housing opportunities for the 2 3 4 5 6 7 California, as follows: ^ 1. The above recitations are true and correct. 9 10 11 ^2 proposed for disposal is not needed for necessary public infrastructure and the City 13 Council has identified the property as unnecessary to the foreseeable needs ofthe city. 14 Further disposal ofthe property would not preclude the property's use for residential purposes consistent with its General Plan designation. 3. The City Council approves the disposal and sale the Buena Vista Reservoir Property, APN 156-200-16-00. 2. The disposal of the Buena Vista Reservoir Property is found consistent with the goals, policies and implementation programs ofthe Carlsbad General Plan in that the property 15 16 17 18 19 4. The City Council authorizes the Mayor to execute the Corrected Grant Deed for the Buena Vista Reservoir Property (attached as Exhibit 4) and further authorizes the Carlsbad City Manager and/or his designee to execute all additional documents necessary to effect the sale ofthe Buena Vista Reservoir Property. 5. The Buena Vista Reservoir site is accurately depicted on the site map attached hereto as 25 Exhibits. 26 LOCATION MAP EXHIBIT 2 OCEAN Mor.iB-.teae PROJECT NAME Buena Vista Way Reservoir Property Site J:\Requesfs2010Plus\PropEnviron\MuniProp\5148207_13 J:\Request82010PIU8\PropEnvlron\MuniProp\5148207_13 Buena Vista Way Reservoir Property Site Aerial Map e =lFeet 100 Exhibit 3 RECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS UNE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor's Parcel No. 156-200-16-00 Documentary transfer tax is $ 0.00 Project ID: PR 13-47 () computed on full value of property conveyed, or Project Name: Buena Vista () computed on full value less value of liens and Reservoir Property encumbrances remaining at time of sale. () Unincorporated area: (x) City of Carlsbad, and CORRECTED GRANT DEED This Corrected Grant Deed is recorded to correct retroactively, and supersede, a portion of a Grant Deed previously recorded in the County of San Diego on December 8, 1958 as Document No. 205757, wherein the CARLSBAD MUTUAL WATER COMPANY, formerly Oceanside Mutual Water Company granted fee title to property it owned to the CITY OF CARLSBAD, with an erroneous legal description for parcel 6. The CITY OF CARLSBAD, SUCCESSOR IN INTEREST TO THE CARLSBAD MUTUAL WATER COMPANY, does hereby grant, retroactive to December 5,1958, to the CITY OF CARLSBAD, as Parcel 6, the following: THAT PORTION OF TRACT 121 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 1661, ON RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID TRACT 121 AND RUNNING THENCE SOUTH 89° 5' EAST 502.0 FEET TO A POINT; THENCE SOUTH 23° 04' EAST 434.58 FEET TO A POINT; THENCE SOUTH 55° 27' WEST 200 FEET TO A POINT; THENCE NORTH 34° 33' WEST 595.34 FEET TO A POINT; THENCE NORTH 89° 5' WEST 169.42 FEET TO A POINT; THENCE NORTH 0° 52' WEST 28.25 FEET TO THE POINT OF BEGINNING. APN: 156-200-16-00 Executed the day of , 2013 CITY OF CARLSBAD as SUCCESSOR IN INTEREST TO THE CARLSBAD MUTUAL WATER COMPANY (Grantor) By: MAYOR, Matt Hall CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _____ On : : before me. Date personally appeared Here Insert Name and Title of the Officer Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the persoh(s) whose name(s) is/are subseribed to the within instrument and acknowledged to nne that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California th$t the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL- Signature of Notary Public Though the infoftnation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachrnent of this form to another document Despription bf Attached bocument Title or Type of Document: ' ^ ^ ^ - • - Document Date: •' • - • - ' - .. - •" • , Number of Pages:. Signer(s) Other Thari Named Above: C9pacity(les) Claimed by Signer(s) Signer's Name:. C Individual . • Cbrporate Officer — Title(s): ___v_ ri Partner — i 1 Limited i J General LJ Attorney in Fact • Trustee I i Guardian or Conservator I I. Other:• .' ' RIGHT THUfi/IBPRINT OF SIGNER fop of ihumb fiere. Signer Is Representing:, Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • G^eral • Attorney in Fact Ll Trustee [J Guardian or Conservator • Other: • - " . : '' • - RIGHTTHUMBPRINT OFSiGNER Top of thurnb here. Signer Is Representing: ©2007 Na1fcinal Notary Assodation* 9350 De Se«o Ave , P.O:Box 2402 •Chatswortti. CA 91313-2^ Item #5907 ReojtlerCall ToK-Foe 1-800-876-6827 CERTIFICATION FOR ACCEPTANCE OF DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Corrected Grant Deed dated , from the Gity of Carlsbad, Galifornia, a municipal corporation, is hereby accepted by the Gity Council of the Gity of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16,1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: Gity Clerk IO PROOF OF PUBLICATION (2010 & 2011 CCP.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk ol" the printer of UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire Issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Proof of Publication of NOTICE OF PUBLIC HEARING INOTICE IS HEREBY GIVEN to you, that the City [council of the City of Carlsbad will hold a public hear-ing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 P.m. on Tuesday; November 5, 2013 to consider a resolution to sell city property, the Buena Vista Reservoir site. Assessor's Parcel Number: 156- 200-16-00. The city continuously evaluates underutilized assets in an effort to increase their utility to the city and its citizens. The Bueng Vista Reservoir property has been underutilized for a prolonged period. The City Council has determined pursuant to California Government Code Section 37420, that this site is no longer neces- sary for operations and that the public interest is best served by the sale of the property. : . Those persons wishing to obiect to the sale or speak on this item are cordially invited'to attend the public hearing. Copies of the ; agenda bill will be available on and after November 1, 2013. If you are unable to attend the public hearing, written protests and/or comments regarding the sale of the property are invited and should be mailed to the : City Clerk's Off ice, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 prior to the meeting. If you have any questions, please contact Joe Garuba in the Public • Works Department at (760) 434-2893 or ioe.garuba@carlsbaclca. ; gov. If you challenge the sale of the property in court, you may be { " limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written corre- spondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. I CASE NAME: BUENA VISTA RESERVOIR CITY OF CARLSBAD/CITY COUNCIL PUB: 10/26/13 October 26*^ 2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California On This 28^^ day October, 2013 Jane Allshouse NORTH COUNTY TIMES Legal Advertising Easy Peel Labeis Use Avery® TEMPLATE 5160® 2GROSS4U TRUST 04-30-06 2756 HIGHLAND DR CARLSBAD CA 92008 3 A i— See Instruction Sheet I ^Feed Paper — for Easy Peel Feature^ [ 1 A PATRUST01-07-05 j 2785 CREST DR ! : CARLSBAD CA 92008 ANDERSON MICHAEL & IV1EL0DIE A 2955 VALLEY ST CARLSBAD CA 92008 i ARLAND ROAD LLC j 3915 SKYLINE RD i CARLSBAD CA 92008 BEHNKEN DUANE 1900 S NEVADA ST OCEANSIDE CA 92054 ; BRADLEYJENNIFER : 2805 ELMWOOD ST i CARLSBAD CA 92008 BURNETTE JUSTIN & JANET 2815 ELMWOOD ST CARLSBAD CA 92008 CARTER MARTINS (DP) 2830 ELMWOOD ST CARLSBAD CA 92008 DAY FIONA K 2885 HIGHLAND DR CARLSBAD CA 92008 ! 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