06-12-12 Web Packet

STAFF REPORT
DATE:
June 12, 2012
TO:
City Council
FROM:
Ken Hiatt, Community Development and Sustainability Director
Anne Brunette, Property Management Coordinator
SUBJECT:
South Davis Fire Station Revocable Landscape Easement
Recommendation
Approve the Resolution(Attachment 1) authorizing the City grant an eight and one-half foot
revocable landscape easement to the adjacent El Macero shopping center property.
Fiscal Impact
The only fiscal impact associated with this staff report is the minimal staff time to prepare all the
legal documents. Grantee shall reimburse the City $3200 for the easement and staff cost for
processing. The amount was determined by discussions with the City’s appraiser most familiar
with comparable transactions. Staff and the appraiser agree that the cost of preparing a full
appraisal exceeds the value of the easement. The reimbursement amount will be deposited into
program 3216. The revocable easement does provide that if the city revokes the easement in less
than ten years that the Grantee would receive $2000 in compensation. This is reasonable given
that the easement can be revoked upon ninety days-notice at any point. If the easement is
revoked in more than ten years the Grantee receives no compensation. The City will receive the
added economic benefit of being relieved of the landscape maintenance obligation of the strip of
land at a savings of approximately $150 annually.
Council Goal(s)
The recommended action addresses the Council goals of maintaining and improving
infrastructure and protecting the environment by increasing the efficient movement and safety of
traffic.
Background and Analysis
The El Macero shopping center located at 417 Mace Blvd. is under new ownership. The new
owners are investing money in updating the center. The current driveways into the center are
partially obscured by landscaping and very lackluster. The new owner approached the City with
a request for a landscape easement to allow the northerly landscape strip of the adjacent Fire
Station to become part of the shopping center landscaping. The strip of land is 2,236 square feet.
The shopping center owner would relocate the city’s existing fence and gate southerly 8.5 feet.
The shopping center owner would remove one city tree with the approval of the City’s Urban
Forest Manager and re-landscape the strip. The shopping center owner would also be responsible
for on-going maintenance of the strip. These changes would allow the center to widen the
driveway and create a median. Attachment 2 shows the proposed modification.
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S. Davis Fire Station Revocable Landscape Easement
This request has been review and approved by the Interim Fire Chief, Community Development
staff, Urban Forest Manager and Facilities staff. To accommodate the request the City will be
granting a revocable landscape easement. The easement requires the shopping center owner to
compensate the city, be responsible for relocating the fence and gate, install and maintain all
landscaping and irrigation. The easement does allow the city to revoke the easement upon 90
days-notice should the city need the property for some other purpose. This transaction is seen as
a win-win with the city receiving compensation, the land not changing purpose or function and a
reduction in city maintenance costs.
Attachments
1. Resolution
2. Proposed improvement plans
3. Revocable Landscape Easement
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S. Davis Fire Station Revocable Landscape Easement
RESOLUTION AUTHORIZING THE CITY MANAGER RECORD
A REVOCALBE LANDSCAPE EASEMENT ON THE
SOUTH DAVIS FIRE STATION PROPERTY
WHEREAS, the city of Davis is the owner of the South Davis fire station located at 425 Mace
Boulevard; and
WHEREAS, the adjacent property owner at 417 Mace Boulevard desires to take over the
landscape maintenance responsibility of the northerly strip of land on the fire station site; and
WHERAS, the adjacent property owner at 417 Mace Boulevard will be financially responsible
for all improvements and maintenance.
NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager
grant a Revocable Landscape Easement and if necessary make minor modifications, after
consultation with the City Attorney, to the documents necessary to complete the project.
PASSED AND ADOPTED by the City Council for the City of Davis on this 12th day of June
2012, by the following vote:
AYES:
NOES:
ATTEST:
Joseph F. Krovoza
Mayor
Zoe S. Mirabile, CMC
City Clerk
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL THIS DEED AND, UNLESS
OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO:
The City of Davis
City Clerk
23 Russell Blvd.
Davis, CA 95616
-SPACE ABOVE THIS LINE FOR RECORDER’S USE-
GRANT OF REVOCABLE LANDSCAPE EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
This revocable Landscape Easement is made this 12th day of June, 2012, between the City of Davis, a municipal
corporation (GRANTOR), and El Macero Partners, LLC, a California Limited Liability Company and Fair
Plaza II, LTD, a California Limited Partnership (GRANTEE).
Whereas, GRANTOR is the owner of fee simple title in and to the property located at 425 Mace Boulevard,
Assessor’s Parcel Number 69-070-19, also known as the South Davis Fire Station; and
Whereas, GRANTEE is the owner of fee simple title in and to the property located at 417 Mace Boulevard,
Assessor’s Parcel Number 69-070-58 and 69-070-59, also known as the El Macero Shopping Center; and
Whereas, GRANTOR desires to grant to GRANTEE an easement for landscaping purposes over, under and
upon a portion of the South Davis Fire Station property described as the northerly eight and one-half (8.5) feet
of GRANTOR’s property as described in Exhibit A and shown in Exhibit B; and
Whereas, GRANTOR, in consideration of the sum of three thousand two hundred dollars, ($3200) and other
valuable considerations, paid by the GRANTEE, the receipt is hereby acknowledged, does hereby give and
grant to the GRANTEE and its assigns, a revocable easement for the ingress and egress over and upon the
easement area to enter upon relocate the existing fence, construct and maintain landscaping.
Now Therefore GRANTOR grants to GRANTEE a revocable Landscape Easement under the terms provided
below.
The GRANTEE shall have the obligation to relocate the existing fence and gate southerly, 8.5 feet and
landscape and maintain the Landscape Easement area, including trees in a neat and attractive manner as
determined by GRANTOR. GRANTEE shall ensure that GRANTOR’s irrigation is properly terminated to
GRANTOR’s satisfaction, and all irrigation and associated maintenance for the Landscape Easement is
provided from GRANTEE’s property. GRANTOR further grants to GRANTEE reasonable right to enter upon
adjoining lands of the GRANTOR for the purpose of exercising the rights herein granted.
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GRANTOR shall retain the right to revoke this easement upon ninety (90) days-notice to GRANTEE. Should
GRANTOR revoke this Landscape Easement less than ten years from the execution date, GRANTOR shall pay
GRANTEE two thousand ($2000) dollars. GRANTEE shall be entitled to no compensation if this Landscape
Easement is revoked more than ten years from the execution.
This Agreement shall be binding upon the successors and assigns, personal representatives, executors, and
administrators of the parties hereto.
Assessor’s Parcel No: 69-070-19
Dated __________________________________________
STATE OF CALIFORNIA
)
COUNTY OF
Yolo
)
______________________________________
By: Steve Pinkerton, City Manager
On _________________________ before me, ______
____________________________ personally appeared
____________________________________________
who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person or the entity upon behalf of which
the person 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
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(Seal)
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