FROM: Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
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PARTIAL QUITCLAIM DEED AT 9511 PORT CLYDE, HUNTINGTON BEACH
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GENERAL MANAGER'S RECOMMENDATION
recommendation
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve the execution of a Partial Quitclaim Deed at 9511 Port Clyde, Huntington Beach, California, for the appraised fair market value of $39,000 in a form approved by General Counsel; and
B. That the Clerk of the Board is hereby authorized and directed to record said Quitclaim in the official records of the Orange County Clerk-Recorder’s Office.
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BACKGROUND
Orange County Sanitation District (OC San) holds a sewer easement across the property located at 9511 Port Clyde, Huntington Beach. The easement contains an abandoned sewer line that is no longer in service and is no longer required for OC San operations. Although the sewer facilities have been abandoned, the easement remains in effect.
The property owner would like to construct a new accessory dwelling unit (ADU) on their property, but this construction would extend into OC San’s existing easement. Under the terms of the existing easement, the placement of fill or permanent structures within the easement area is prohibited and prevents this construction.
Based on the planned ADU construction, the property owner has requested that OC San partially relinquish a portion (approximately six feet wide by 84 feet long for a total of 491 square feet) of OC San’s existing easement to provide the necessary clearance for the construction of a new ADU. The request does not include the relinquishment of the entire easement.
RELEVANT STANDARDS
• Protect OC San assets
• Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities
PROBLEM
OC San’s easement for a sewer line that has since been abandoned restricts the development of an ADU on a residential property.
PROPOSED SOLUTION
Authorize the partial quitclaim of approximately six feet of OC San's easement to allow construction of the proposed ADU while retaining the remainder of the easement. The property owner will compensate OC San for the relinquished easement rights at the fair market value determined by a licensed appraisal.
TIMING CONCERNS
N/A
RAMIFICATIONS OF NOT TAKING ACTION
If the recommended action is not approved, the existing easement will continue to restrict the property owner's ability to develop the property.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The proposed partial relinquishment does not create a risk for OC San as the sewer within this easement was previously abandoned and future work by OC San is not anticipated in this area. The restoration of the affected property rights to the property owner will facilitate their planned ADU development while allowing the remainder of the easement to remain in place.
CEQA
N/A
FINANCIAL CONSIDERATIONS
As consideration for the partial relinquishment, the property owner will pay OC San $39,000 for the easement rights. The purchase price was established at the fair market value determined by a formal appraisal prepared by a licensed real estate appraiser.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package:
• Purchase and Sale Agreement