Monterey County Board Report 168 West Alisal Street, 1st Floor Salinas, CA 93901 831.755.5066 Legistar File Number: RES 16-049 August 30, 2016 Introduced: Version: 8/19/2016 Current Status: Agenda Ready 1 Matter Type: BoS Resolution Adopt a Resolution: a. Authorizing, by a four-fifths vote, acceptance of a 0.53 acre property in Big Sur from Susan LeCraw, Trustee, to Monterey County; and b. Authorizing, by a four-fifths vote, conveyance of a 0.53 acre property in Big Sur from Monterey County to Susan LeCraw, Trustee; and c. Authorizing the Director of the Resource Management Agency to execute Grant Deeds exchanging property between Monterey County and Susan LeCraw, Trustee; and d. Directing the Clerk of the Board to submit the executed Grant Deeds exchanging property between Monterey County and Susan LeCraw, Trustee, to Monterey County Recorder for recording, subject to the collection of the applicable recording fees; and e. Accepting a Conservation and Scenic Easement for areas on the adjusted parcel owned by Susan LeCraw, Trustee, where slopes exceed 30 percent; and f. Authorizing the Director of the Resource Management Agency to execute the Conservation and Scenic Easement Deed for the adjusted parcel owned by Susan LeCraw, Trustee; and g. Directing the Clerk of the Board to submit the executed Conservation and Scenic Easement Deed for the adjusted parcel owned by Susan LeCraw, Trustee, to the County Recorder for recording...report PROJECT INFORMATION: Planning File Number: PLN130608 Owner: Susan LeCraw, Trustee Project Location: 48320 Highway 1, Big Sur APN: 420-171-043-000 (LeCraw);420-171-044-000 (County of Monterey) Agent: Aengus L. Jeffers Plan Area: Big Sur Coast Land Use Plan CEQA Action: Categorically Exempt per section 15305 of the CEQA Guidelines. RECOMMENDATION: It is recommended that the Board of Supervisors adopt a resolution to: a. Authorize, by a four-fifths vote, acceptance of a 0.53 acre property in Big Sur from Susan LeCraw, Trustee, to Monterey County; and b. Authorize, by a four-fifths vote, conveyance of a 0.53 acre property in Big Sur from Monterey County to Susan LeCraw, Trustee; and c. Authorize the Director of the Resource Management Agency to execute Grant Deeds exchanging property between Monterey County and Susan LeCraw, Trustee; and d. Direct the Clerk of the Board to submit the executed Grant Deeds exchanging property between Monterey County and Susan LeCraw, Trustee, to Monterey County Recorder for Monterey County Page 1 Printed on 8/19/2016
Legistar File Number: RES 16-049 recording, subject to the collection of the applicable recording fees; and e. Accept a Conservation and Scenic Easement for areas on the adjusted parcel owned by Susan LeCraw, Trustee, where slopes exceed 30 percent; and f. Authorize the Director of the Resource Management Agency to execute the Conservation and Scenic Easement Deed for the adjusted parcel owned by Susan LeCraw, Trustee; and g. Direct the Clerk of the Board to submit the executed Conservation and Scenic Easement Deed for the adjusted parcel owned by Susan LeCraw, Trustee, to the County Recorder for recording. SUMMARY/DISCUSSION: On December 10, 2014, the Monterey County Planning Commission approved a Coastal Development Permit to allow a Lot Line Adjustment via Resolution No. 14-048 (See Attachment A). The Lot Line Adjustment is an equal exchange of 0.53 acres between two legal lots of record (See Attachment B). The Assessor s Parcel Numbers are: 420-171-043-000 (Owned by Susan LeCraw, Trustee - 2.16 acres - Lot Three ) and Assessor s Parcel Number 420-171-044-000 (Owned by the County of Monterey - 1.12 acres - Lot Four ). Condition of Approval No. 7 requires that prior to the Lot Line Adjustment being completed, the Board of Supervisors must, by a four fifths-vote (Government Code Section 25365), authorize the disposition and acceptance of the subject 0.53 acres (See Attachment E). In addition, Condition of Approval No. 4 requires that prior to recording the Certificate of Compliance, the Board of Supervisors must accept a Conservation and Scenic Easement Deed, conveying to the County, those portions of the LeCraw Property where the slope exceeds 30 percent (See Attachment D). The 0.53 acre area transferred via Resolution No. 14-048 from Lot Four (County) to Lot Three (LeCraw) contained structural and utility improvements previously associated with Lot Three. These improvements existed when both lots were under common ownership prior to 1989, which was before the County of Monterey acquired Lot Four in 1994. The Lot Line Adjustment was done to fully place these pre-existing structural and utility improvements on the reconfigured Lot Three, and entirely off County property. Additionally, the reconfigured Lot Four allowed the County to fulfill the intent of the 1994 purchase (i.e., preservation of the Big Sur Critical Viewshed by eliminating the development potential of the parcel). Furthermore, the reconfigured Lot Four provided the County an opportunity to preserve a biologically superior wildlife corridor. According to California Government Code Section 25365(b), (Exchange of property), the County may exchange real property with any person, firm, or corporation as long as the properties to be exchanged are of an equal value. Staff has reviewed the proposed exchange of land between Susan LeCraw, Trustee, and the County with the Monterey County Assessor s Office. The County Assessor has verified that the properties being exchanged are of equal value. Completion of this action will fully satisfy the conditions of approval associated with the Planning Commission Resolution No. 14-408, dated December, 2014 and, thereby allow the Lot Line Adjustment between Monterey County and Susan LeCraw, Trustee to be completed. Monterey County Page 2 Printed on 8/19/2016
Legistar File Number: RES 16-049 OTHER AGENCY INVOLVEMENT: The Office of County Counsel and the California Coastal Commission have reviewed and approved the Conservation and Scenic Easement as to form. The Office of County Counsel has reviewed the Grant Deeds as to form. FINANCING: Funding for staff time associated with this project is included in the FY16-17 Adopted Budget for RMA-Planning. Prepared by: Brandon Swanson, Resource Management Agency, Management Analyst III Reviewed by: John Ford, RMA Planning Services Manager, x5158 Approved by: Carl P. Holm, AICP, Resource Management Agency Director, x5103 Attachments are on file with the Clerk of the Board: Attachment A Planning Commission Resolution No. 14-048 Attachment B Lot Line Adjustment Map Attachment C Vicinity Map Attachment D Conservation and Scenic Easement Deed with Exhibits Attachment E Grant Deed conveying.53 acre from Monterey County to Susan LeCraw, Trustee Attachment F Grant Deed conveying.53 acre from Susan LeCraw, Trustee, to Monterey County Attachment G Draft Resolution cc: Front Counter Copy; California Coastal Commission; John Ford, RMA Services Manager; Joseph Sidor, Project Planner; Susan LeCraw, Owner; Aengus L. Jeffers, Agent; The Open Monterey Project (Molly Erickson); LandWatch (Michael DeLapa); Project File PLN130608. Monterey County Page 3 Printed on 8/19/2016
BIG SUR Big Sur River Bad Gulch Los Padres Nat'l Forest Pfeiffer Big Sur State Park }þ 1 P ost C reek CO AST PROJECT SITE! RD RI D G E Mule Canyon Creek Graves Canyon Castro Canyon P a c i f i c O c e a n APPLICANT: LECRAW & COUNTY OF MONTEREY APN: 420-171-043-000 & 420-171-044-000 2500' Limit 300' Limit Water FILE # PLN130608 ± 0 2,000 Feet PLANNER: SIDOR
When recorded return to: MONTEREY COUNTY RESOURCE MANAGEMENT AGENCY PLANNING DEPARTMENT Attn: Project Planner 168 West Alisal St 2 nd Floor Salinas, CA 93901 (831) 755-5025 Space above for Recorder s Use Permit No.: Resolution No.: Owner Name: Project Planner: PLN130608 14-048 Susan Lecraw Joe Sidor The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX OF $ [ X ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at APN: 420-171-043-000 time of sale, [ X ] unincorporated area; and [ ] Exempt from transfer tax, Reason: Signature of Declarant or Agent GRANT DEED THIS GRANT DEED made this day of,, by and between the COUNTY OF MONTEREY, a political subdivision of the State of California, as Grantor, and Susan LeCraw, Trustee of the SL Revocable Trust dated May 18, 2005, as to an undivided 86.668% interest; Susan LeCraw, Trustee of the LeCraw Children s Trust A fbo Julian LeCraw as to an undivided 6.666% interest and Susan LeCraw, Trustee of the LeCraw Children s Trust B fbo Ashton LeCraw, as to an undivided 6.666% interest, collectively as Grantee, WITNESSETH: WHEREAS, said Grantor is the owner in fee of the real property more particularly described in Exhibit A attached hereto and made a part hereof, situated in Monterey County, California (hereinafter the Property ); and 1
WHEREAS, the California Coastal Act of 1976, (hereinafter referred to as the Act ) requires that any coastal development permit approved by the County must be consistent with the provisions of the certified Local Coastal Program (LCP); and WHEREAS, pursuant to the Act, and the LCP, Grantee applied to the County for a permit to undertake development as defined in the LCP; and WHEREAS, a Coastal Development Permit to allow a lot line adjustment between two legal lots of record (File Number PLN130608 and hereinafter referred to as the Permit ) was granted on December 10, 2014 by the Monterey County Planning Commission pursuant to the Findings, Evidence and Conditions contained in Resolution No. 14-048 (hereinafter the Resolution ); and WHEREAS, the Permit approves the lot line adjustment conditioned on the approval by the Board of Supervisors of the exchange of equal acreage (0.53 acres) between adjacent parcels separately owned by Grantor and Grantee; and Permit. WHEREAS, this Deed is executed and recorded to fulfill the condition of the NOW, THEREFORE, by this instrument dated August, 2016, for a valuable consideration, Grantor hereby grants any and all interest in the real property described in Exhibit B, attached hereto and incorporated herein, to Grantee. {Grantor s Signatures Follow on Next Page} 2
IN WITNESS WHEREOF, GRANTOR has executed this Grant Deed as of the day and year written below. Executed this day of,, at, California. By: (Signature) (Print Name) Director, Monterey County Resource Management Agency NOTE TO NOTARY PUBLIC: If you are notarizing the signatures of persons, signing on behalf of a corporation, partnership, trust, etc., please use the correct notary jurat (acknowledgment) as explained in your Notary Public Law Book. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA) COUNTY OF MONTEREY) On before me,, a Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 3
Document Form/Content Acceptable: Charles, J. McKee, County Counsel By: DATED: Type/Print Name: Deputy County Counsel 4
Exhibit A
Exhibit B Exhibit B
When recorded return to: MONTEREY COUNTY RESOURCE MANAGEMENT AGENCY PLANNING DEPARTMENT Attn: Project Planner 168 West Alisal St 2 nd Floor Salinas, CA 93901 (831) 755-5025 Space above for Recorder s Use Permit No.: Resolution No.: Owner Name: Project Planner: PLN130608 14-048 Susan Lecraw Joe Sidor The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX OF $ 0 [ ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at APN: 420-171-043-000 time of sale, [ ] unincorporated area; and [ X ] Exempt from transfer tax, Reason: Transfer to a governmental entity Signature of Declarant or Agent GRANT DEED THIS GRANT DEED made this day of,, by and between Susan LeCraw, Trustee of the SL Revocable Trust dated May 18, 2005, as to an undivided 86.668% interest; Susan LeCraw, Trustee of the LeCraw Children s Trust A fbo Julian LeCraw as to an undivided 6.666% interest and Susan LeCraw, Trustee of the LeCraw Children s Trust B fbo Ashton LeCraw, as to an undivided 6.666% interest, collectively as Grantor, and the COUNTY OF MONTEREY, a political subdivision of the State of California, as Grantee, WITNESSETH: WHEREAS, said Grantor is the owner in fee of the real property more particularly described in Exhibit A attached hereto and made a part hereof, situated in Monterey County, California (hereinafter the Property ); and 1
WHEREAS, the California Coastal Act of 1976, (hereinafter referred to as the Act ) requires that any coastal development permit approved by the County must be consistent with the provisions of the certified Local Coastal Program (LCP); and WHEREAS, pursuant to the Act, and the LCP, Grantor applied to the County for a permit to undertake development as defined in the LCP; and WHEREAS, a Coastal Development Permit to allow a lot line adjustment between two legal lots of record (File Number PLN130608 and hereinafter referred to as the Permit ) was granted on December 10, 2014 by the Monterey County Planning Commission pursuant to the Findings, Evidence and Conditions contained in Resolution No. 14-048 (hereinafter the Resolution ); and WHEREAS, the Permit approves the lot line adjustment conditioned on the approval by the Board of Supervisors of the exchange of equal acreage (0.53 acres) between adjacent parcels separately owned by Grantor and Grantee; and Permit. WHEREAS, this Deed is executed and recorded to fulfill the condition of the NOW, THEREFORE, by this instrument dated August, 2016, for a valuable consideration, Grantor hereby grants any and all interest in the real property described in Exhibit B, attached hereto and incorporated herein, to Grantee. {Grantor s Signatures Follow on Next Page} 2
IN WITNESS WHEREOF, GRANTOR has executed this Grant Deed as of the day and year written below. Executed this day of,, at, California. By: (Signature) Susan Lecraw, Trustee The SL Revocable Trust dated May 18, 2005, The LeCraw Children s Trust A fbo Julian LeCraw, The LeCraw Children s Trust B fbo Ashton LeCraw NOTE TO NOTARY PUBLIC: If you are notarizing the signatures of persons, signing on behalf of a corporation, partnership, trust, etc., please use the correct notary jurat (acknowledgment) as explained in your Notary Public Law Book. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA) COUNTY OF MONTEREY) On before me,, a Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 3
This is to certify that the interest in real property conveyed by the deed or grant dated from to the County of Monterey, a political corporation and/or governmental agency is hereby accepted by order of the Board of Supervisors on, (or by the undersigned officer or agent on behalf of the County of Monterey pursuant to authority conferred by resolution of the Board of Supervisors adopted on,) and the grantee consents to recordation thereof by its duly authorized officer. DATED:. Type/Print Name: Director, Monterey County Resource Management Agency A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) SS. COUNTY OF MONTEREY ) On before me,, a Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Document Form/Content Acceptable: Charles, J. McKee, County Counsel By: DATED: Type/Print Name: Deputy County Counsel 4
Resolution No. DRAFT BOARD RESOLUTION Before the Board of Supervisors in and for the County of Monterey, State of California Resolution of the Monterey County Board of Supervisors authorizing the County of Monterey to exchange 0.53 acres with Susan LeCraw, Trustee, and accept a Scenic and Conservation Easement from Susan LeCraw, Trustee. ) ) ) ) ) ) ) WHEREAS, on December 10, 2014, the Monterey County Planning Commission approved a Coastal Development Permit allowing a Lot Line Adjustment via Resolution No. 14-048. WHEREAS, the Assessor s Parcel Numbers (APN) for the properties involved are: APN 420-171-043-000 (Susan LeCraw, Trustee), and APN 420-171-044-000 (Monterey County) WHEREAS, the County of Monterey acquired APN 420-171-044-000 in 1994 with Proposition 70 funds; WHEREAS, APN 420-171-043-000 is owned by Susan LeCraw, Trustee of the SL Revocable Trust dated May 18, 2005; Susan LeCraw. Trustee of the LeCraw Children s Trust A fbo Julian LeCraw; and Susan LeCraw, Trustee of the LeCraw Children s Trust B fbo Ashton LeCraw. WHEREAS, the approved Lot Line Adjustment is an equal exchange of 0.53 acres between Susan LeCraw, Trustee, and the County of Monterey. WHEREAS, the Lot Line Adjustment fully places structural and utility improvements that were already in existence in 1994 at the time the County acquired APN 420-171-044-000, when both properties were under common ownership, entirely off County Property and onto the LeCraw property. WHEREAS, the Lot Line Adjustment fulfills the intent of the County s 1994 purchase of APN 420-171-044-000, which was to preserve the Big Sur Critical Viewshed by eliminating the development potential of the parcel, and provides the County an opportunity to preserve a biologically superior wildlife corridor. WHEREAS, California Government Code Section 25365(b) allows the County to exchange real property with any person, firm or corporation for the purpose of removing defects in title or where the real property to be exchanged is not required for County use and the property to be acquired is required for County use, as long as the properties to be exchanged are of equal value, by a four-fifths vote of the Board of Supervisors. WHEREAS, on August 11, 2016, the Monterey County Assessor s Office determined that the properties being exchanged are of an equal value.
WHEREAS, Condition of Approval No. 7 requires that the Board of Supervisors must authorize the disposition and acceptance of the subject properties prior to a Lot Line Adjustment being completed. WHEREAS, Condition of Approval No. 4 requires that the Board of Supervisors must accept a Conservation and Scenic Easement Deed, conveying to Monterey County, those portions of APN 420-171-043-000 where the slope exceeds 30 percent prior to the Certificate of Compliance being recorded. WHEREAS, Satisfaction of Conditions No. 7 and No. 4 of Planning Commission Resolution No. 14-048 will allow the Lot Line Adjustment between Monterey County and Susan LeCraw, Trustee, to be completed. DECISION NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors does hereby: a. Authorize, by a four-fifths vote, acceptance of a 0.53 acre property in Big Sur from Susan LeCraw, Trustee, to Monterey County; and b. Authorize, by a four-fifths vote, conveyance of a 0.53 acre property in Big Sur from Monterey County to Susan LeCraw, Trustee; and c. Authorize the Director of the Resource Management Agency to execute Grant Deeds exchanging property between Monterey County and Susan LeCraw, Trustee; and d. Direct the Clerk of the Board to submit the executed Grant Deeds exchanging property between Monterey County and Susan LeCraw, Trustee, to Monterey County Recorder for recording, subject to the collection of the applicable recording fees; and e. Accept a Conservation and Scenic Easement for areas on the adjusted parcel owned by Susan LeCraw, Trustee, where slopes exceed 30 percent; and f. Authorize the Director of the Resource Management Agency to execute the Conservation and Scenic Easement Deed for the adjusted parcel owned by Susan LeCraw, Trustee; and g. Direct the Clerk of the Board to submit the executed Conservation and Scenic Easement Deed for the adjusted parcel owned by Susan LeCraw, Trustee, to the County Recorder for recording. PASSED AND ADOPTED on this, by the following vote, to-wit: AYES: NOES: ABSENT: I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in the minutes thereof of Minute Book for the meeting on. Dated: Gail T. Borkowski, Clerk of the Board of Supervisors County of Monterey, State of California By Deputy