BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☒ No ☐
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Adopt a Resolution Declaring a Portion of Real Property Owned by the Santa Clara Valley Water District (APN 386-21-37) as Exempt Surplus Land and Authorize the Exchange of Real Property Interests with Saratoga Woods Community Association for Encroachment Mitigation Related to the Saratoga Creek Hazardous Tree Removal and Restoration Project, Project No. 60061058, on APN 386-21-039 (Saratoga, District 5).
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RECOMMENDATION: Recommendation
A. Adopt the Resolution Declaring a Portion of Real Property owned by the Santa Clara Valley Water District (APN 386-21-037) AS EXEMPT SURPLUS LAND UNDER CALIFORNIA GOVERNMENT CODE 54221 (f)(1)(C), DETERMINING THAT THE REAL PROPERTY TO BE EXCHANGED IS NOT REQUIRED FOR DISTRICT USE AND THE PROPERTY TO BE ACQUIRED IS REQUIRED FOR DISTRICT USE, AND AUTHORIZING THE EXCHANGE OF PROPERTY PURSUANT TO SECTION 31(D) OF THE DISTRICT ACT (SARATOGA, DISTRICT 5); and
B. Authorize the Interim Chief Executive Officer to execute a Real Property Exchange Agreement (Agreement) between Saratoga Woods Community Association (Owner), and Valley Water, for acquisition of a permanent access easement on APN 386-21-039, located at 12341 Saratoga Creek Drive, Saratoga, CA (Owner Property), in exchange for a portion of APN 386-21-037 (Santa Clara Valley Water District Property), based upon the terms and conditions as set forth in the Agreement; and
C. Authorize the Interim Chief Executive Officer to accept an Easement Deed identified as Real Estate File No. 2021-155 (Easement) for Ingress/Egress from Saratoga Woods Community Association on APN 386-219-039; and
D. Authorize the Interim Chief Executive Officer to execute Quit Claim Deed identified as Real Estate File No. 2021-58.1 (QC Deed) to Saratoga Woods Community Association for a portion of Santa Clara Valley Water District’s APN 386-21-037.
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SUMMARY:
Santa Clara Valley Water District (Valley Water) has undertaken the Saratoga Creek Hazard Tree Removal and Restoration Project (“Project”) to remove non-native eucalyptus trees and trees that could become potential safety hazards along Saratoga Creek between Prospect High School and Cox Avenue. The final phase of the Project will be implemented in 2025.
The Owner Property located at 12341 Saratoga Creek Drive has improvements encroaching into adjacent Valley Water Property including a fence, hardscaping, and playground equipment. The encroachment area of 2,183 square feet was subsequently determined by staff to be excess to Valley Water’s operational requirements, while a larger portion of the Owner Property was identified as necessary for the Project. Because access to this Valley Water owned stretch of Saratoga Creek (APN 386-21-037) from public right-of-way is very limited, and to facilitate encroachment mitigation without court intervention, Valley Water and Owner agreed to exchanging 2,183 square feet of Valley Water Property for an access easement of 4,401 square feet on the Owner Property. This exchange of real property will enable access to the Valley Water Property on Saratoga Creek. The acquisition of this Easement will therefore assist with establishment and maintenance of Project improvements. Therefore, Staff recommend an equivalent exchange of property rights.
Section 31 of the Santa Clara Valley Water District Act states that the Board of Directors may exchange real property of equal value where the real property to be exchanged is not required for District (Valley Water) use and the property to be acquired by Valley Water is required. As described above, an easement on the Owner Property is required for the Saratoga Creek Hazardous Tree Removal Project. The portion of the Valley Water parcel to be granted to the Owner is not required for Valley Water use for the Project or any other operational use and therefore was determined by Staff to be excess land.
Surplus Lands Act
The Surplus Lands Act (Gov. Code, § 54220 et seq; SLA), places requirements upon local agencies before disposing of excess land. Staff recommend that the Board declare and find the subject 2,183 square feet of Valley Water Property as exempt surplus land per Gov. Code § 54221(f)(1)(C) because it is excess land that is being exchanged for another property necessary for Valley Water use. If the Board approves this recommendation, the Resolution (Attachment 1) declaring the subject land as exempt surplus land will be provided to the California Department of Housing and Community Development (HCD).
As outlined above, Staff also recommend that the Board authorize the Interim CEO to execute the Real Property Exchange Agreement (Attachment 2), accept the grant of easement deed 2021-155 from Owner (Attachment 3) for the Easement, and execute QC Deed 2021-58.1 (Attachment 4) for a portion of the Valley Water Property, only upon written confirmation from the HCD that the proposed disposition of surplus land qualifies for an exemption as defined within the SLA. Staff have received preliminary concurrence from the HCD and anticipate this confirmation within 30 days following receipt of the Resolution.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
The intent of the Project is to remove non-native eucalyptus trees and other species that are endangering the health of Saratoga Creek and could become potential safety hazards between Prospect High School and Cox Avenue. The exchange of real property will provide Valley Water personnel access to Valley Water Property, located directly behind the Owner Property.
FINANCIAL IMPACT:
Since this is a direct property exchange, there are no financial impacts associated with the execution of the Agreement. A typical access easement may be valued at 50% of the fee simple value of a property based on independent appraisals. Since the Easement area is approximately twice the size of the area described in the QC Deed, Valley Water staff and Owner feel that the value of the rights being exchanged is approximately equal.
CEQA:
A Mitigated Negative Declaration for the Saratoga Creek Hazard Tree Removal and Restoration Project was adopted in December 2019. The exchange of real property will provide Valley water staff access to Valley Water Property, located directly behind the Owner Property, to assist with establishment and maintenance of Project improvements.
ATTACHMENTS:
Attachment A: Gov. Code § 84308
Attachment 1: Exempt Surplus Resolution
Attachment 2: Real Property Exchange Agreement
Attachment 3: Easement Deed to Valley Water
Attachment 4: Quit Claim Deed to Owner
UNCLASSIFIED MANAGER: Manager
Lisa Bankosh, 408-630-2618