Discussion:
A. Adopt a resolution to declare 1.33 acres of APN 014-350-56 “surplus land”?
The Board of Supervisors may declare county land “surplus” per the Government Code section 54221(b)(1).
54221(b)(1) “Surplus land” means land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. Land shall be declared either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures. A local agency, on an annual basis, may declare multiple parcels as “surplus land” or “exempt surplus land.”
In compliance with Government Code sections 25526 or/and 25526.5
25526. Before ordering the sale or lease of any property the board of supervisors shall, in a regular open meeting, by a two-thirds vote of all its members, adopt a resolution, declaring its intention to sell the property, or a resolution declaring its intention to lease it, as the case may be. The resolution shall describe the property proposed to be sold, or leased, in a manner as to identify it and shall specify the minimum price, or rental, and the terms upon which it will be sold, or leased, and shall fix a time, not less than three weeks thereafter for a public meeting of the board of supervisors to be held at its regular place of meeting, at which sealed proposals to purchase or lease will be received and considered.
When the minimum price or annual rental is not over two thousand dollars ($2,000) or one hundred fifty dollars ($150) per month for a period of one year or less, instead of describing in detail the property and the terms on which it will be sold or leased, the resolution may briefly identify the property, state the minimum price or rental, and refer to the proposed form of conveyance or lease on file in the office of the clerk of the board of supervisors in which the terms for selling or leasing the property may be seen.
(Amended by Stats. 2002, Ch. 221, Sec. 33. Effective January 1, 2003.)
25526.5. Whenever the board of supervisors determines that any real property or interest therein belonging to the county is no longer necessary for county or other public purposes, and its estimated value does not exceed twenty-five thousand dollars ($25,000), the county may sell, exchange, quitclaim, or convey that real property or interest therein in the manner and upon the terms and conditions approved by the board of supervisors without complying with any other sections in this article. The board of supervisors may, by ordinance, designate an appropriate county officer or officers to execute sales of the real property or interest therein, provided that notice of intention that the county officer or officers will execute the sale shall be posted in a public place for five working days prior to effecting the transfer.
(Amended by Stats. 2002, Ch. 454, Sec. 8.5. Effective January 1, 2003.)
B. Accept the Federal Aviation Administration (FAA) Land Release Authorization of “surplus county land?”
The Federal Aviation Administration (FAA) consents to the release of airport obligations for said “surplus county land” APN 014-350-56 measuring approximately 1.33 acres. Trinity County must accept the following terms of the attached Land Release Authorization from FAA, Exhibit B.
Additionally, an Avigation and Hazard Agreement shall be reserved by the County over the surplus land. The Avigation and Hazard Agreement shall include a right-of-way for the free and unrestricted passage and flight of aircraft in, through, across and about the airspace lying above, in whole or in part, the horizontal limits of the civil airport imaginary surfaces described in Federal Aviation Regulations Part 77.25 (14 CFR 77.25) (“Airspace”).
C. Accept the Waiver Evaluation prepared by OCP of the “exempt surplus county land?”
A waiver valuation report was completed by Overland, Pacific & Cutler (OPC), with a total
appraised value of $4,655.00. The appraised value of the land, current and highest and best use was taken into consideration. Because the subject property will be encumbered by the airport avigation and hazards agreement, utility easements and is zoned undevelopable, the surplus property is not useable to any land developers. All proceeds of the sale will remain in an account for Hayfork Airport usage only.
D. Approve the Department of Transportation to enter into a sales agreement with Paul Klein for said “exempt surplus county land” and authorize the Director to execute the sales agreement and all documentation required for escrow to complete the transaction following approval of the lot line adjustment, and the record of survey recorded after monuments are set in the field.
In 2011, Mr. Klein located at the far North-East Corner of the Hayfork Airport Clear Zone, while upgrading from a single wide mobile home to a double wide manufactured home inadvertently made his home improvements onto county property. Ever since the surveying mistake was discovered Mr. Klein has been working responsibly with the County to correct the issue.
The sale of this county surplus land will allow Mr. Klein the opportunity to make a property line adjustment, to be secure in his property and legally on the land he is supposed to be on, and allow the County Assessor to accurately assesses taxes on the updated parcel. Mr. Klein shall pay all costs to document and record all necessary utility easements, title fees and expenses associated with this land sale.