File #: 2023-1223   
Type: Consent Calendar Item Status: Agenda Ready
File created: 9/20/2023 In control: Public Infrastructure
On agenda: 11/7/2023 Final action:
Title: Approval of Sale of Certain County Owned Interest in Land in Grays Harbor, WA
Department or Agency Name(s): Public Infrastructure
Attachments: 1. Summary Report.pdf, 2. 1-Resolution+Exhibit A.pdf, 3. 2-Purchase and Sale Agreement.pdf

To: Sonoma County Board of Supervisors

Department or Agency Name(s): Public Infrastructure

Staff Name and Phone Number: Johannes J. Hoevertsz, 707-565-2550

Vote Requirement: 4/5th

Supervisorial District(s): Countywide

 

Title:

Title

Approval of Sale of Certain County Owned Interest in Land in Grays Harbor, WA

End

 

Recommended Action:

Recommended action

Adopt a Resolution:

A)                     Approving the sale for assessed value to the Quinault Indian Nation, of the County’s 2/27th undivided interest in certain undeveloped real property located in Grays Harbor County, WA described as Parcel Number 221335210030, (described as a PTN N1/2 NW1/4 S35 T22N R13W); and

B)                     Delegating authority to the Director of Sonoma County Public Infrastructure to complete all steps and documents reasonably required to effect said sale, including execute a purchase and sale agreement, deed and escrow instructions, on form approved by County Counsel; and

C)                     Authorizing the Chair to execute the deed conveying the property to the Quinault Indian Nation; and

D)                     Finding that the property is exempt surplus property, that County does not need the property for County or other public purposes, and that the value of the property is less than $25,000; and

E)                     Finding that the sale of the property is exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 21084 and Section 15312 of Title 14 of the California Code of Regulations.

(4/5th Vote Required)

 

end

Executive Summary:

Sonoma County Public Infrastructure requests Board approval for the sale for local county assessor’s 2023 assessed value $5,376.00, to Quinault Indian Nation, of certain real property located in the County of Grays Harbor, State Of Washington. The County’s ownership is comprised of a minor 2/27th undivided interest in the N1/2 NW1/4 S35 T22N R13W. Disposing of the property will enable the County to generate revenue from the sale of the interest, and eliminate financial liability as to current and future assessed real property taxes, terminate exposure to third party injuries and end management responsibility of land in another state. The County does not currently use the property or need it for County purposes.

 

Discussion:

The Sonoma County Public Infrastructure Department desires to enter into a Purchase and Sale Agreement with the Quinault Indian Nation (the “Nation”) to sell certain real property described as an undivided 2/27 interest in the North Half Of The Northwest Quarter Section 35 Township 22 North, Range 13 West of the Willamette Meridian; situate In the County of Grays Harbor, State of Washington.

 

The property originally came into the County’s ownership pursuant to a Decree of Distribution dated December 30, 1962, from the Estate of Frederick D. Murphy, Deceased, in the Superior Court of the State of Washington, which property was accepted by the County of Sonoma Board of Supervisors on May 31, 1966, as evidenced by a signed Certificate of Acceptance was recorded Vol. 460, Page 522. Mr. Murphy died intestate on October 4, 1960, in Santa Rosa and was also a resident of Santa Rosa, CA at that time. The administratrix of the estate was directed to distribute the property to the County of Sonoma.

 

The property is within the lands of the Nation which is interested in receiving ownership from the County to consolidate its lands. As the property is outside of California, there is no need to comply with the Surplus Lands Act. The property is not currently used by the County nor are there any plans to use the interest for governmental or other public purposes, and thus it is not needed for County purposes.

 

Although the County has owned the property interest for many years, it has made no productive use of it. There is no identifiable practical use the County can make of the property; there is no known recorded access and the interest owned is an undivided interest held in common with other unknown persons. Staff recommends the sale of the property interest to the Nation as the best possible method of reducing exposure to property taxes, and liability and to convey the interest to the Nation which is that is consolidating inholdings within their reservation boundaries for its beneficial use.

 

Staff recommends a sale at assessed value as established by the Grays Harbor County Assessor as a practical and reasonable representation of value; having an appraisal performed would be cost prohibitive. Grays Harbor County Assessor currently assesses the property at $5,376.00 for 2023; real property taxes are approximately $50 annually. There are currently delinquent taxes owed by the County for the tax years 2021-2023 in the amount of approximately $161; prior to that time County had paid previously owed real property taxes. County may be obligated to pay incidental costs associated with this sale. This approval will authorize the Director of Public Infrastructure to execute a purchase agreement with the Nation, together with all documents and instruments necessary to complete the sale.

 

Staff recommends a sale at assessed value and pursuant to a purchase and sale agreement approved by the Nation. County intends to sell the property interest “as is”, will not require an earnest money deposit, will seek to close escrow on or before December 31, 2023, and will request the Nation pay customary escrow and closing related costs.

 

Procedural Authority - The Public Infrastructure Director is hereby authorized to negotiate and execute a real property purchase agreement in accordance with Government Code Section 25526.5, in form approved by County Counsel.

 

Strategic Plan:

N/A

 

Racial Equity:

Was this item identified as an opportunity to apply the Racial Equity Toolkit?

No

 

Prior Board Actions:

None

 

Fiscal Summary

 Expenditures

FY 23-24 Adopted

FY 24-25 Projected

FY 25-26 Projected

Budgeted Expenses

 

 

 

Additional Appropriation Requested

 

 

 

Total Expenditures

 

 

 

Funding Sources

 

 

 

General Fund/WA GF

$0

 

 

State/Federal

 

 

 

Fees/Other

$5,376

 

 

Use of Fund Balance

 

 

 

Contingencies

 

 

 

Total Sources

$5,376

 

 

 

Narrative Explanation of Fiscal Impacts:

It is anticipated that any County costs such as transaction related fees or costs in connection with the sale of the land will be covered by County’s sale proceeds. Staff currently estimates those costs to be $700 ($200 delinquent taxes/$500 transaction fees) with the balance of proceeds ($4,676) to be deposited to Public Infrastructure Real Estate division budget (21020300-51071).

 

Narrative Explanation of Staffing Impacts (If Required):

None

 

Attachments:

1 - Resolution + Exhibit A

2 - Purchase and Sale Agreement

 

Related Items “On File” with the Clerk of the Board:

None