ATTACHMENT #5
DPW:420-63\sm\ev\Council\2024\013024\Disposition of 897 East Hillcrest Drive Att 5.docx
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THOUSAND
OAKS FINDING THAT THE LAND IDENTIFIED AS ASSESSOR
PARCEL NUMBER (APN) 669-0-171-305 IS “EXEMPT SURPLUS
LAND” PURSUANT TO THE SURPLUS LAND ACT, APPROVING THE
TRANSFER OF LAND IDENTIFIED AS APN 669-0-171-305 FROM THE
CITY OF THOUSAND OAKS TO THE ADJOINING PROPERTY
OWNER AT 897 EAST HILLCREST DRIVE (JANICE E. CLEARY,
TRUSTEE OF THE BYPASS TRUST OF THE STANTON E. CLEARY
AND JANICE E. CLEARY 1996 TRUST, DATED OCTOBER 2, 1996),
FINDING THAT THIS TRANSFER IS IN CONFORMANCE WITH THE
GENERAL PLAN, APPROVING PROCESSING OF A PARCEL MAP
WAIVER TO MERGE APN 669-0-171-305 AND THE ADJOINING
PROPERTY AT 897 EAST HILLCREST DRIVE INTO ONE LEGAL
RESIDENTIAL LOT, WAIVING ALL CITY PROCESSING AND
APPLICATION FEES NECESSARY TO COMPLETE THE TRANSFER
OF THE PARCEL, PARCEL MERGER AND OTHER REQUIRED
APPLICATIONS, AND AUTHORIZING CITY MANAGER, OR
DESIGNEE, TO EXECUTE ALL DOCUMENTS NECESSARY TO
TRANSFER THE LAND AND TO MERGE THE PARCELS
WHEREAS, in the 1980s, the City realigned segments of Hillcrest Drive, including a portion west of the 23 Freeway near Houston Drive; and WHEREAS, the City entered into a Right-of-Way Agreement with the owner of 897 East Hillcrest Drive, whereby it agreed to convey City property, currently known as APN 669-0-171-305 to the owner in exchange for the portion of the owner’s property necessary for the roadway realignment; and WHEREAS, as part of the Right-of-Way Agreement, the City also agreed to remove and replace a garage and process a lot line adjustment to merge the two properties into one residential parcel; and
WHEREAS, the City completed the construction of the new garage and landscaping; however, the property owner refused to accept the City-owned property and the lot line adjustment could not be completed; and WHEREAS, on August 9, 2023, Trustees of the Cleary Family Trust, current property owners of 897 East Hillcrest Drive, requested that the City resolve the discrepancies created by the failed transaction; and
WHEREAS, the City Council desires to fulfill the intent of the Right-of-Way Agreement; and
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WHEREAS, the Surplus Lands Act requires the City to declare property “surplus land” or “exempt surplus land” prior to disposition. Pursuant to California Government Code Section 54221(f)(1)(C), the contemplated transfer of property in exchange for property necessary for the City’s use constitutes a transfer of “exempt surplus land.”
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Thousand Oaks hereby:
Section 1: Finds that the land identified as APN 669-0-171-305 is “exempt surplus land” pursuant to the Surplus Land Act;
Section 2: Approves the transfer of land identified as APN 669-0-171-305 from the City of Thousand Oaks to the adjoining property owner at 897 East Hillcrest Drive (Janice E. Cleary, trustee of the bypass trust of the Stanton E.
Cleary and Janice E. Cleary 1996 trust, dated October 2, 1996); Section 3: Finds that this transfer is in conformance with the General Plan; Section 4: Approves processing of a Parcel Map Waiver to merge APN 669- 0-171-305 and the adjoining property at 897 East Hillcrest Drive into one legal residential lot;
Section 5: Waives all city processing and application fees necessary to complete the transfer of the parcel and parcel merger;
Section 6: Authorizes City Manager, or designee, to execute all documents necessary to transfer the land and the merge the parcels.
PASSED AND ADOPTED this 30 th day of January, 2024, by the following vote:
Ayes:
Noes:
Absent:
Al Adam, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
Laura B. Maguire, City Clerk
Date Attested: _______________
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APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.