Title
Adopt Resolution to:
a. Accepting a Quitclaim Deed transferring ownership of 507 acres known as the "County North Property" on the former Fort Ord, specifically designated as Parcel L5.7, Parcel L20.2.1, and portions of Parcels E19a.3 and E19a.4, from the Fort Ord Reuse Authority to the County of Monterey;
b. Authorizing the Chair of the Board to sign the Quitclaim Deed accepting the parcels on behalf of the County; and
c. Authorizing the Clerk of the Board to record the signed Quitclaim Deed with the County Recorder.
StaffReport
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution:
a. Accepting a Quitclaim Deed transferring ownership of 507 acres of development and habitat reserve property known as "County North Properties" on the former Fort Ord, specifically designated as Parcel L5.7, Parcel L20. 2.1, and portions of Parcels E19a.3 and E19a.4, from the Fort Ord Reuse Authority to the County of Monterey;
b. Authorizing the Chair of the Board to sign the Quitclaim Deed accepting the parcels on behalf of the County; and
c. Authorizing the Clerk of the Board to record the signed Quitclaim Deed with the County Recorder.
SUMMARY:
The recommended actions will complete the transfer of ownership from the Fort Ord Reuse Authority (FORA) to the County of certain parcels and portions of parcels of land located in the "Early Transfer-Environmental Services Cooperative Agreement" (ET-ESCA), Fort Ord area: COE Parcel L5.7 (APN 031-101-026); COE Parcel L20.2.1 (APN 031-161-030); approximately 50 acres at the westerly end located within COE Parcel E19a.3; and approximately 120 acres within COE Parcel E19a.4. (See location map attached.)
DISCUSSION:
In 2000, the United States, acting by and through the United States Department of the Army, entered into a Memorandum of Agreement with FORA setting forth the specific terms and conditions of the transfer of land on the former Fort Ord from the United States to FORA. In 2001 FORA and the County entered into an Implementation Agreement, amended in 2009 and 2013, setting forth the terms and conditions upon which FORA would transfer and the County would accept title to certain properties in the unincorporated area of the former Fort Ord to the County, including the following properties:
· COE Parcel L5.7 (APN 031-101-026) is a 72.9-acre property located on the south side of Intergarrison Road across from the intersection of Schoonover Road.
· COE Parcel L20.2.1 (APN 031-161-030) is a 258.9-acre property located on the south side of Intergarrison Road between the County-owned Travel Camp property and Parcel L5.7.
· Approximately 50 acres at the westerly end of the subject property is located within COE Parcel E19a.3.
· The balance of the subject property, approximately 125.2 acres, lies within COE Parcel E19a.4.
Through Quitclaim Deed DACA05-9-07-505 recorded May 8, 2009 at Document 2009028280, the U. S. Army transferred ownership of the above properties to FORA as part of the ET-ESCA. Subsequent amendments to this deed were recorded as follows: Amendment 1 on May 17, 2010 at Document 2010027226, Amendment 2 on March 10, 2011 at Document 2011013980, Revised Correction to Amendment 1 on July 28, 2014 at Document 2014034751, and Revised Correction to Amendment 2 on July 28, 2014 at Document 2014034752.
FORA completed all required remedial action related to site cleanup, and on August 9, 2013 executed a Quitclaim Deed transferring ownership of these parcels to the County of Monterey, and delivered the Deed to the County for acceptance and recordation. Acceptance of title to other property on the former Fort Ord was scheduled for the Board of Supervisors on December 10, 2013. The day prior, two letters were received objecting to the Board's proposed action:
1. The Sierra Club Ventana Chapter objected on the basis that Exhibit D, Deed Restrictions and Covenants, contained language that was not in the form of deed required by the FORA Master Resolution and the settlement agreement between Sierra Club and FORA.
2. Jane Haines noted that the County's 2010 General Plan had not yet been found consistent with the Fort Ord Base Reuse Plan, and stated that the County's acceptance of this deed must either be delayed until the 2010 General Plan is found consistent with the Reuse Plan, or until the County conducts environmental review to determine what the resulting effect on the environment would be from accepting the deed before the determination of consistency.
The item was removed from the agenda. Staff has reviewed the issues raised and determined the following:
1. In response to the Sierra Club's comments, the deed has been revised to correspond to the exact language established by the Implementation Agreement, the FORA Master Resolution, and the FORA-Sierra Club Settlement Agreement.
2. In response to Ms. Haines' objection, transfer of ownership does not affect or determine allowable or proposed land use. County's acceptance of the property is required by the Implementation Agreement and is not affected by nor affects the consistency determination.
On August 19, 2014, FORA executed a revised Quitclaim Deed transferring ownership of these parcels to the County of Monterey, and delivered the Deed to the County for acceptance and recordation.
OTHER AGENCY INVOLVEMENT:
The Office of the County Counsel has reviewed and approved the Quitclaim Deed as to form. The Fort Ord Reuse Authority approved and executed the Quitclaim Deed.
FINANCING:
To date, the County has accepted ownership of approximately 655 acres of property on the former Fort Ord. The two conveyances on this agenda total an additional 844 acres. Other grant deeds totaling nearly 980 acres are expected over the next two years. Some of this land is designated for habitat management and some is not restricted. The Implementation Agreement requires that the County accept these properties. In addition, the Successor Agency to the Redevelopment Agency has submitted a Long Range Property Management Plan that proposes the State Department of Finance approve the transfer of about 329 acres of land to the County. In all, the County may ultimately own and be responsible for management of over 2,800 acres in the former Fort Ord.
Costs associated with administering habitat management and preservation on the habitat reserve portions of the subject properties is proposed to be funded by the FORA Habitat Endowment Fund, pursuant to the Fort Ord Habitat Management Plan and proposed Basewide Habitat Conservation Plan. Costs associated with owning and managing the "non-HMA" portions of these parcels, together with costs on the habitat reserve areas that are not funded by the FORA Habitat Endowment Fund, will be funded by the County General Fund through the RMA-Public Works Facilities Division (Fund 001, Unit 8181, Object 6312-Buildings & Improvements Maintenance). On July 29, 2014 the Board of Supervisors approved appropriations that included adding $60,000 to the RMA budget for property maintenance during FY14-15, $50,000 for law enforcement during FY14-15, and $40,000 to complete a Management Strategy for County held lands in the former Fort Ord.
Prepared by: G.H. Nichols, P.E., Civil Engineer (831) 755-5386
George Salcido, Real Properties Specialist (831) 755-4859
Approved by:
________________________________________
Robert K. Murdoch, P.E., Director of Public Works
________________________________________
Benny J. Young, RMA Director
Dated: August 13, 2014
Attachments on file with the Clerk to the Board:
Attachment A - Location Map
Attachment B - Resolution
Attachment C - Quitclaim Deed