City of Corona
Staff Report
400 S. Vicentia Ave.
Corona, CA 92882
File #: 22-0319
REQUEST FOR CITY COUNCIL AND
CORONA UTILITY AUTHORITY ACTION
DATE: 07/06/2022
TO: Honorable Mayor and City Council Members
Honorable President and Board Members
FROM: Public Works Department & Utilities Department
SUBJECT:
Resolution declaring that the 0.13 acres of property located adjacent to Palisades Drive, south of State Route 91, and immediately west of certain real property identified as 2785 Palisades Drive is no longer necessary for the City’s use and is exempt surplus land under the surplus land act; Resolution ordering the summary vacation of 0.13 acres of excess City right-of-way adjacent to 2785 Palisades Drive. Purchase and Sale Agreement with Allsize Storage Corona and ASC 1.46 Acres, LLC for conveyance of 0.13 acres of excess right-of-way on Palisades Drive in exchange for temporary construction easements needed for the Wardlow Sewer Relocation Project.
EXECUTIVE SUMMARY:
The City has excess street right-of-way on Palisades Drive next to the Allsize Storage Corona business. In exchange for granting temporary construction easements to the City, which are needed for the Wardlow Sewer Relocation Project, the City will convey a fee title of 0.13 acres of excess right -of-way located adjacent to the owners, Allsize Storage Corona, Inc. and ASC 1.46 Acres, LLC. As part of this conveyance, the City will need to first declare the excess right-of-way to be exempt surplus property. The City will also need to summarily vacate the right-of-way designation on the property in accordance with California Streets and Highway Code Section 8334 prior to transferring the property to Allsize Storage Corona, Inc. and ASC 1.46 Acres, LLC.
RECOMMENDED ACTION:
That the:
a. City Council approve the Purchase and Sale Agreement with Allsize Storage Corona, Inc. and ASC 1.46 Acres, LLC for the conveyance of 0.13 acres of excess right-of-way located next to the Allsize business at 2785 Palisades Drive to ASC 1.46 Acres, LLC in exchange for the City’s City of Corona Page 1 of 4 Printed on 6/30/2022
powered by Legistar™
File #: 22-0319
acquisition of temporary construction easements for the Wardlow Sewer Relocation Project. b. Authorize the City Manager, or his designee, to execute the Purchase and Sale Agreement with Allsize Storage Corona, Inc. and ASC 1.46 Acres, LLC, including making minor and nonsubstantive changes. c. City Council adopt Resolution No. 2022-100, declaring that the 0.13 acres of property located adjacent to Palisades Drive, south of State Route 91, and immediately west of certain real property identified as 2785 Palisades Drive is no longer necessary for the City’s use and is exempt surplus land under the surplus land act.
d. City Council adopt Resolution No. 2022-101, ordering the summary vacation of 0.13 acres of excess City right-of-way adjacent to 2785 Palisades Drive. e. Corona Utility Authority review, ratify, and to the extent necessary, direct the City Council to take the above actions.
BACKGROUND & HISTORY:
The existing 18" sewer line located on the Allsize Storage Corona (Allsize) property runs northerly 350 feet under the State Route 91 and transmits a significant volume of sewage from the Sierra Del Oro (SDO) sewer shed to the Water Reclamation Facility #1 (WRF-1). The existing sewer line is located within an existing easement that the Allsize property owner previously granted to the City.
The existing 18" gravity sewer line was constructed by a jack and bore installation method under State Route 91 and conveys the sewage to a gravity sewer line on Wardlow Road, which connects to a series of gravity sewer lines conveying the sewage to WRF-1. Future commercial and residential projects in the SDO area will generate more sewage flows, which necessitates upsizing the existing 18" sewer line to a 24" sewer line.
The Wardlow Sewer Relocation Project will include constructing a new 350-foot segment of 24” sewer line encased in a 36” steel casing pipe. Existing sewage will flow through the new 24” sewer line. The City plans to construct the Wardlow Sewer Relocation Project in Fall 2022. The proposed sewer line construction under State Route 91 required the City to obtain an encroachment permit from the California Department of Transportation (“Caltrans”). The encroachment permit will expire in February 2023 and is subject to a one-year renewal.
The proposed excavation pit on the Allsize property will require the installation of shoring equipment.
Therefore, the proposed construction activities and excavation pit will require temporary construction easements from the Allsize owner. Negotiations with Allsize for the temporary construction easements needed for the proposed Wardlow Sewer Relocation project led to the preparation of the Purchase and Sale Agreement, which requires the City to convey the 0.13 acres of excess right-ofway in exchange for the temporary construction easements. There will be no exchange of funds between the parties. Allsize Storage Corona, Inc. and ASC 1.46 Acres, LLC will grant the temporary construction easements to the City at no cost, and the City will convey the 0.13 acres of excess rightof-way to ASC 1.46 Acres, LLC.
City of Corona Page 2 of 4 Printed on 6/30/2022
powered by Legistar™
File #: 22-0319
ANALYSIS:
The City contracted with K&A Engineering, Inc (K&A) to prepare design plans for the future Wardlow Sewer Relocation Project, research the ownership of the 0.13 acre excess right-of-way, and prepare legal descriptions of the temporary construction easements needed to construct the future project.
The attached Purchase and Sale Agreement proposes the following actions:
· City to vacate and convey to ASC 1.46 Acres, LLC the 0.13 acres of excess right-of-way adjacent to 2785 Palisades Drive. The grant deed conveying such property will reserve a public utility easement for the City and other utilities to maintain and operate existing facilities and infrastructure within the excess right-of-way.
· Allsize Storage Corona, Inc. to grant a temporary construction easement over approximately 2,433 square feet of the property located at 2785 Palisades Drive and designated as APN 101- 170-045.
· ASC 1.46 Acres, LLC to grant a temporary construction easement over approximately 0.754 acres of the property located immediately west of the Allsize Storage Property and designated as APN 101-170-044.
· City will pay all title and escrow costs.
Adoption of Resolution No. 2022-101 would order the summary vacation of the 0.13 acre City property. California Streets and Highways Code Section 8334(a) authorizes the summary vacation of excess right-of-way of a street or highway that is not required for street or highway purposes. Staff adopted resolution 2586 at the Planning and Housing Commission meeting on March 21, 2022, determining that summarily vacating the City’s excess right-of-way will not impact traffic circulation on Palisades Drive, will not impact public safety personnel accessibility on Palisades Drive, and will not reduce the ultimate street right-of-way of the road; thereby, the summary vacation conforms with the City’s General Plan. After approval of the resolution and recordation of the summary vacation, the excess right-of-way will be conveyed pursuant to the terms and conditions of the Purchase and Sale Agreement.
Before the City takes any action to dispose of land, it must first declare the property as surplus land or exempt surplus land that is not necessary for the City’s use pursuant to the California Surplus Land Act, which is governed by Government Code § 54220 et seq. The excess right-of-way meets the definition of exempt surplus land pursuant to Government Code Section 54221(f)(1)(E), which covers surplus land that is a former street or right-of-way and is conveyed to an owner of an adjacent property. The City Council’s adoption of Resolution No. 2022-100 would take formal action declaring the 0.13 acres of excess right-of-way as exempt surplus land. The City’s determination will be submitted to the Department of Housing and Community Development at least 30 days prior to the disposition of the excess right-of-way.
FINANCIAL IMPACT:
All fees related to the opening and closure of escrow associated with the transfer of the City Property shall be paid by the City. The conveyance of the excess right-of-way and the City’s acquisition of temporary construction easements from Allsize Storage will be at no cost to either party.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California City of Corona Page 3 of 4 Printed on 6/30/2022
powered by Legistar™
File #: 22-0319
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action simply approves a Purchase and Sale Agreement for the conveyance of a small portion of excess right-of-way to the adjacent property owner for incorporation into property currently owned by such property owner and the City’s acquisition of temporary construction easements, and there is no possibility that this action will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: MOHAMMED IBRAHIM, P.E., SENIOR ENGINEER
REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR
Attachments:
1. Exhibit 1 - Location Map
2. Exhibit 2 - Purchase and Sales Agreement
3. Exhibit 3 - Resolution No. 2022-100
4. Exhibit 4 - Resolution No. 2022-101
City of Corona Page 4 of 4 Printed on 6/30/2022
powered by Legistar™