Title
Adopt a resolution:
a. Accepting a Quitclaim Deed transferring ownership of 337 acres known as "Parker Flat Phase 1" on the former Fort Ord, specifically designated as Parcel L32.1, Parcel R (portions of Parcel E19a.3 and E19a.4), and Parcel V (portions of Parcel E19a.2 and E19a.3) 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 337 acres known as "Parker Flat Phase 1" on the former Fort Ord, specifically designated as Parcel L32.1, Parcel R (portions of Parcel E19a.3 and E19a.4), and Parcel V (portions of Parcel E19a.2 and E19a.3) 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 L32.1 (APN 031-101-060); "Parcel R", 236.7 acres located east of the Monterey Peninsula College property (E19a.6) and adjacent to the northerly edge of the Fort Ord National Monument (BLM); and "Parcel V", 97.1 acres located along the easterly extension of Gigling Road.
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 for 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 L32.1 (APN 031-101-060) is a 3.0-acre property located on the east side of 8th Avenue at the intersection of Durham Street.
· "Parcel R" is a 236.7-acre property located east of the Monterey Peninsula College property (E19a.6) and adjacent to the northerly edge of the Fort Ord National Monument (BLM). Approximately 40 percent of this property lies with COE parcel E19a.3, and approximately 60 percent lies within COE Parcel E19a.4.
· "Parcel V" is a 97.1-acre property located along the easterly extension of Gigling Road. The largest majority of this property is located within COE Parcel E19a.3. A tiny sliver of this property lies within COE Parcel E19a.2.
Through a Quitclaim Deed recorded May 8, 2009, the U. S. Army transferred ownership of the above parcels to FORA as part of the ET-ESCA (Document 2009028280). The deed was subsequently amended on May 17, 2010 (Document 2010027226), March 10, 2011 (2011013980) and July 28, 2014 (Document Numbers 2014034751 and 2014034752). FORA completed all required remedial action related to site cleanup, and on July 3, 2014 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.
On August 9, 2013, FORA 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 this property 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. Board acceptance of 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 Parcels R & V 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., RMA- Public Works Director
_____________________________________________
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