TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:January 30, 2024
SUBJECT: Disposition of City-Owned Parcel Adjoining 897 East Hillcrest Drive
RECOMMENDATION:
1. Adopt resolution with the findings as listed below:
a) Finding that the land identified as Assessor Parcel Number (APN) 669- 0-171-305 is “exempt surplus land” pursuant to the Surplus Land Act; b) Approving 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); c) Finding that this transfer is in conformance with the General Plan; d) 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;
e) Waiving all City processing and application fees necessary to complete the transfer of the parcel and parcel merger and other required applications;
f) Authorizing City Manager, or designee, to execute all documents necessary to transfer the land and merge the parcels.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of Title 14 of the California Code of Regulations.
Disposition of City-Owned Parcel Adjoining 897 E. Hillcrest Dr.
January 30, 2024
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2 FINANCIAL IMPACT:
No Additional Funding Requested. Staff time and contract services required to prepare and process related documents are included in the Adopted FY 2023-24 General Fund Budget. The estimated total project cost is $16,250, to be funded as follows; $4,650 for preliminary title reports, $6,600 for preparation of Survey Maps and Legal Descriptions, $5,000 for preparation of Grant Deed to transfer the parcel, and also waiving of all City processing fees for deed transfer.
BACKGROUND:
In the 1980s, the City realigned segments of Hillcrest Drive west of the 23 Freeway, including a portion near Houston Drive (Attachment #1). The new right-of-way alignment for Hillcrest Drive in the area immediately east of Houston Drive encumbered a total of eight residential properties. The City obtained control of seven of these properties, which were reconfigured into three residential parcels as part of the roadway realignment.
The City entered into a Right-of-Way Agreement with the property owner of 897 East Hillcrest Drive, whereby the City agreed to convey the remaining portion of Lot 10 of Block 12 of the Greenwich Village Tract Map 11MR69, currently known as APN 669-0-171-305 and shown as Parcel 30 on the current Assessor’s Parcel Map, to the owner of 897 East Hillcrest Drive in exchange for the portion of real estate the City received to realign the roadway. The City also agreed to replace a garage that was required to be demolished to allow for the roadway improvements and process a lot line adjustment (LLA) to clean up the parcels. Unfortunately, the process was not completed, and records show the City still owns the land identified as APN 669-0-171-305.
DISCUSSION/ANALYSIS:
On August 9, 2023, staff received a request from the Trustees of the Cleary Family Trust, current property owners of 897 East Hillcrest Drive, asking the City to resolve an apparent discrepancy noted by their title company during the process of selling their property in Summer 2023. The title company noted that the existing garage within APN 669-0-171-305 was not included in the current Grant Deed of 897 East Hillcrest Drive (Attachment #2). The Cleary family indicated that this parcel was to be conveyed to their family in exchange for the dedication of a right-of-way easement that the family granted to the City as part of the City’s Hillcrest Drive Realignment Capital Improvement Project CI 80-12, which was constructed in the 1980s.
Disposition of City-Owned Parcel Adjoining 897 E. Hillcrest Dr.
January 30, 2024
9 0
2 Records show that the City entered into a Right-of-Way Agreement with the property owner in 1983, whereby the City would exchange a portion of City property for the right-of-way necessary to realign a portion of Hillcrest Drive (Attachment #3). In addition, the City agreed to remove and replace an existing garage, and prepare and complete a lot line adjustment to make the new lot a legal conforming lot.
On May 13, 1986, City Council authorized the funding and construction of a garage, installation of landscaping, and transfer of a portion of Lot 10, the City- owned property for the benefit of the parcel at 897 East Hillcrest Drive per Resolution No. 86-110, which was to offset the loss of the previous garage in front of the property that was removed as part of the realignment of Hillcrest Drive (Attachment #4). Subsequently, on April 11, 1986, the Community Development Director approved the final one-year time extension for LLA 84-61. A Lot Line Adjustment intended to merge the City’s property with the existing lot. However, according to a file memorandum dated October 9, 1986, the property owner refused to accept the property the City offered in exchange for the right-of-way and refused to sign the map. As a result, the City’s property was never conveyed and LLA 84-61 was never recorded. The garage was successfully relocated; however, it is currently located on the City’s property.
In August 2023, staff retained Commonwealth Land Title Company to perform a title search on all properties involved in the original LLA application. The results of the detailed title search indicate that 897 East Hillcrest Drive has a discrepancy from the 1980’s roadway realignment, namely that APN 669-0-171-305 was never merged into 897 East Hillcrest Drive. This appears to be the only property impacted, since all other properties that were part of the roadway realignment have been able to successfully pass title and close escrow over the past 40 years.
In November 2023, the City retained professional survey services from Stantec Consulting via Task Order in the amount of $6,600 to prepare legal descriptions and plat maps for the Parcel Map Waiver and merger of the two lots. Both the title search and survey documents have been completed. To rectify this matter and honor the intent of Resolution No. 86-110, staff recommends City Council authorize the transfer of the land associated with APN 669-0-171-305 to the owner of 897 East Hillcrest Drive, and merge these two pieces of land via a Parcel Map Waiver (Attachment #5).
The property owner will be required to submit the Parcel Map Waiver Application, complete and sign a Preliminary Change of Ownership Report with the County, and record the Parcel Map Waiver and Grant Deed at the County, along with all associated transfer tax, title fees, and recordation fees.
Disposition of City-Owned Parcel Adjoining 897 E. Hillcrest Dr.
January 30, 2024
9 0
2 This action is consistent with the General Plan Land Use element because the transfer of land involves combining parcels into one legal lot and maintaining the existing residential land use designation without any physical change, which is consistent with General Plan Land Use Policy LU-1 requiring City structure to maintain the single-family residential character of established neighborhood areas.
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.” The project is categorically exempt from CEQA per section 15305 (minor alterations to land use).
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
PREPARED BY: Nahid Dey, Surveyor
Attachments:
Attachment #1 – Vicinity and Location Maps
Attachment #2 – Assessor Map
Attachment #3 – Right-of-Way Agreement
Attachment #4 – Resolution No. 86-110 Adopted May 13, 1986 Attachment #5 – Resolution
DPW: 420-63\ND\ev\Council\2024\013024\ Disposition of City-owned Land Adjoining to 897 East Hillcrest Drive staff report.docx