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SR-12-17-2013-3ECity of ' Council Report Santa Monica City Council Meeting: December 17, 2013 Agenda Item: - To: Mayor and City Council From: Andy Agle, Director of Housing and Economic Development Subject: Disposition of City -Owned Property at 1731 -1733 20" Street Recommended Action Staff recommends that the City Council authorize: 1) the final sale and terms of purchase for the remnant parcel located at 1731 -1733 20th Street; 2) the City Manager to enter into a 20 -year option agreement with Crossroads School of Arts and Science ( "Crossroads ") to acquire an easement for a bicycle and pedestrian path along the northerly edge of 1748 21St Street ( "21th Street Bike Path Easement "); and 3) granting an easement that would allow Crossroads to build an 8 foot perimeter fence across 20th Court ( "Fence Easement ") in the event that the City exercises the option to acquire the 21St Street Bike Path Easement. 4) appropriate budget changes outlined in the financial impacts section of this report. Executive Summary The City -owned remnant parcel at 1731 -1733 20th Street is not needed for any public purpose and is therefore surplus property. This report summarizes the negotiated terms related to the purchase and sale agreement with Crossroads School of Arts and Science ( "Crossroads ") and recommends Council authorize final sale of the remnant parcel to Crossroads in order to assemble the land necessary to facilitate the construction of its new science building. Concurrently with the sale of the remnant parcel to Crossroads, staff recommends that Council authorize the acquisition of an easement from Crossroads for the purpose of extending the 20th Street Bike Path Easement to 21St Street, as envisioned in the City's Bike Action Plan (Final Draft 2011). Background On June 25, 2013, Council held first reading of an ordinance approving the Development Agreement (Contract No. 9768 (CCS)] for Crossroad's construction of a new science building on their property, including the subject remnant parcel at 1731 -1733 20th Street. Crossroads' proposed project relies on the City's sale of the 1 remnant parcel pursuant to the conditions of the Development Agreement, which also requires Crossroads to grant the City a bicycle and pedestrian easement along the northern edge of 1731 -1733 20th Street ( "20th Street Bike Path Easement "). Municipal Code Section 2.24.110 authorizes Council, by resolution, to allow the sale of City -owned real property if the property is no longer needed for the purpose acquired or if the title to the land is no longer needed for any public purpose. Additionally, with at least five affirmative votes, Council may adopt a resolution authorizing the sale of property without advertising for bids in cases where public bids would be to no avail and would cause unnecessary expense and delay, or would not be in the best interest of the City. On July 23, 2013, the City Council adopted a resolution declaring the City -owned remnant parcel at 1731 -1733 20th Street as surplus property and authorized the City Manager to negotiate and execute a purchase and sale agreement with Crossroads for the sale of the remnant parcel. As described in the July 23, 2013 staff report, the $154,400 proceeds from the remnant parcel sale were contemplated to be deposited in the General Fund, however, subsequently, as part of the negotiation process, due to the City's desire to acquire an easement from Crossroads to construct a future bike path, an appropriation of $16,700, to serve as a deposit, is necessary. Further description of the proposed transaction is summarized in the following discussion section. Discussion Staff commissioned an independent appraisal to determine market value and highest and best use for the remnant parcel (APN 4275 - 029 -028). Based on the parcel in its "as -is" condition, the highest and best use is as an assemblage to the surrounding property owned by Crossroads to create a unified holding for new construction. The City's independent appraisal determined the value of the remnant parcel to be approximately $200 per square foot utilizing the market data approach for fee simple valuation. Crossroads concurs with the appraised value and agrees to purchase the 772 square foot remnant parcel for $154,400. 2 Concurrently with the sale of the remnant parcel to Crossroads, the City desires to acquire an easement from Crossroads for the purpose of extending the 20th Street Bike Path Easement to 21St Street, as envisioned in the City's Bike Action Plan (Final Draft 2011). The proposed 21St Street Bike Path Easement is approximately 1,670 square feet in area, with a length of approximately 167 feet in length and 10 feet in width over the southern portion Crossroads' property at 1748 21St Street (APN 4275 - 029 -027). Crossroads commissioned an independent appraisal which finds the present value of the 21St Street Bike Path Easement is $167,000. City staff reviewed the appraisal and is in agreement with its approach and analysis. Given that financing for the bike path construction is years in the future, staff recommends the City enter into a 20 year option agreement with Crossroads with the following terms: • Agreed upon value of $167,000 with a 10 percent deposit of $16,700 to Crossroads. Crossroads would credit the $16,700 deposit toward the value of easement; therefore the City's payment upon exercise of the option would be $150,300. Crossroads agrees to maintain the easement area until such time City exercises the option. • Crossroads would obtain a survey to delineate areas for purposes of recordation and exhibit agreement. • Option agreement would be in recordable form and recorded concurrently with the conveyance of the remnant parcel to Crossroads. • Provisions for construction, use and maintenance of the bike path would remain the same as the provisions in the Development Agreement relating to the 20th Street Bike Path Easement. • Option agreement would include an expiration date of December 31, 2033. As part of this transaction, staff also recommends that the City agree to' the following provisions to allay Crossroads' security concerns regarding the construction, use and maintenance of the bicycle and pedestrian path adjacent to Crossroads' property: • Approve an easement on the City's right of way at 20th Court ( "Fence Easement "), which would allow the school to build a future perimeter fence /wall across 20th Court concurrently with the City's acquisition of the 21St Street Bike Path Easement; and allow the height of the future perimeter fence to be up to 3 8 feet, while the City's Public Works Department retains its review authority over the location of the Fence Easement and the design and location of the fence /wall. The Fence Easement would be recorded concurrently with the recording of the 21St Street Easement, if the City exercises its option. ® Allow the school to maintain an existing gate at 1748 21st Street until such time as the City acquires the 21St Street Bike Path Easement. ® Require Crossroads to pay all closing costs in consideration of the City's grant of future rights to obtain the Fence Easement. Title and Escrow services would be provided by a mutually agreed company and escrow would close within 30 days following execution of a mutually acceptable purchase and sale agreement. Escrow fees and costs would be shared equally between the parties, with a $3,200 offset to the City. Title insurance and any other associated fees and costs would be paid by Crossroads. Environmental Analysis Sale of the subject property is categorically exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guideline 15312, as it involves the sale of surplus governmental property for which the use of the property has not changed since it was deeded to the City in 1968. Financial Impacts & Budget Actions Staff projects proceeds from the sale of the remnant parcel to be $154,400. Funds will be deposited into the City's General Fund at account 01274.404170. 0 The deposit due to Crossroads for entering into a 20 -year option agreement to acquire the bike easement is $16,700. This payment requires an additional appropriation of $16,700 to account 012681.544390; the payment will be charged to account 012681.544390. Prepared by: Nia Tang, Senior Development Analyst Approved: ml Moll 9——fold—I Attachments: Forwarded to Council: Rod Gould City Manager Attachment A: Remnant Parcel (APN 4275 - 029 -028) Attachment B: Easement (APN 4275 - 029 -027) 5 Attachment A _ n o 3�no 00 Mzil :Ndd' Rne G scar \ oo e. 08 N � C; V f n2 pi I iIII 6£ rc ' v.2 x .` S � \9zrZ�\ /Fr sLr -y'o lyo \ ol\ u34 bbd \ Qo o 9F.r All yy� cod r F � ' ov 00'`Z , — Llb :NdV . I .00.06 -0 Nzr 107 and 3 '.'.'.'.'.'.'.'. " " zFl ......... . ... ....... ............ . ...... ....... .. ....... ao p ... ...... 9 . ' ' .. ....... .............. ' ' ' '.'_'.'.. • Zvi SL'LttY "(S'Lft� F a VJ N3 (Y Ip $ < v M Iwf aN .<.'.'.'............ ' ' .... . ..". ............................ I� a N ................. G I iIII 6£ rc ' v.2 x .` S � \9zrZ�\ /Fr sLr -y'o lyo \ ol\ u34 bbd \ Qo o 9F.r All yy� cod r F � ' ov 00'`Z , — Llb :NdV . I .00.06 -0 Nzr 107 and 3 — o.�....... .... ... ....... ............ . ...... ....... .. ....... ao p ... ...... 9 . ' ' .. ....... .............. ' ' ' ' ' ' . .... ..............m........... ................. .............. ^........... .. ............ m .................. . ..... oNicnine Aaols l .<.'.'.'............ ' ' .... . ..". ............................ a N ................. 9L 'LC . .'. . r . .................•. ....... •.......•..... � ... .......... . v s3%00 N3NOol o ,SEMI 3.6CjLON o £9'GFl � U o 4F'9FI _ IleAKM lucl 0 �+ o w 53 %06 N3=1 w . . . . .. ....p.'.'.'. .. . . �S w ... ... ..... ......... _ \ \ \ 3 § \ r|! !!§ ! � E \ m UA , Reference: Contract No. 9847 (CCS)