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HomeMy WebLinkAbout18428 - RESOLUTIONS - 7/6/1994 RESOLUTION NO. 18428 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RESPECTFULLY REQUESTING THE FEDERAL GOVERNMENT, BY AND THROUGH ITS FEDERAL AVIATION ADMINISTRATION, RELEASE CERTAIN PROPERTY ' FROM RESTRICTIONS, SAID RESTRICTIONS BEING SET FORTH IN A QUITCLAIM DEED FROM THE UNITED STATES OF AMERICA, TO THE CITY OF PALM SPRINGS, DATED SEPTEMBER 15, 1949. WHEREAS heretofore and on the 1 5th day of September, 1949, the United States of America granted to the City of Palm Springs, California, a one hundred (100) acre tract of land in Section Thirteen (13), Township Four (4) South, Range Four (4) East, SBB&M, within the city limits of said City; and WHEREAS the said grant was in the form of a quitclaim deed, said quitclaim deed containing various restrictive clauses concerning all of the hundred acres; and WHEREAS the City and the Palm Springs Regional Airport, on 11 .8816 acres of the quitclaimed property, in 1963 developed a centralized joint use maintenance facility, with the Airport providing the land and the City providing the capital development; and WHEREAS in 1992 the Department of Transportation Office of Inspector General (DOTIG) conducted an audit of the Federal Aviation Administration's oversight of Palm Springs Regional Airport (Audit #R9-FA-3-061) and found that fair market value rental was not being paid by the City to the Airport for the use of 11 .8816 acres of Airport property; and WHEREAS the City Council has developed a paper entitled "Palm Springs City Yard," dated June 15, 1994, and attached as Exhibit "A" to this Resolution, which outlines the history of the joint use maintenance facility called the City Yard. Further, it outlines the compensation received by the Airport over the last 30 years for the use of the property; and WHEREAS the "Palm Springs City Yard" report proposes a donation of land from the City to the Airport in exchange for release of the 11 .8816 acres for use as a City/Airport joint use maintenance facility in perpetuity; and WHEREAS the "Palm Springs City Yard" report property exchange has been developed based upon an appraisal report prepared by Hilliard, Lipman & Associates, Inc., incorporated hereby by reference, for the City, 9.39 acres and based upon an appraisal report prepared by Dozier Appraisal Company, incorporated hereby by reference, for the Airport's 11 .8816 acres, NOW THEREFORE BE IT RESOLVED AS FOLLOWS: Section 1 . That the City Council of the City of Palm Springs, California, seeks Federal Aviation Administration concurrence with the "Avoided Investment Partnership" employed by the Airport in partnership with the City to develop a maintenance facility to serve the Airport and the City, as outlined in Exhibit "A" to this Resolution, as proper compensation to the Airport for use of the 11 .8816 acres from 1963 to the date of release from deed restrictions by Federal Aviation Administration. Section 2. That the City Council of the City of Palm Springs, California, seeks full release from all quitclaim deed restrictions, including an agreement that no further compensation would be due the Airport, for the 11 .8816 acres described as: 6 n 1 R18428 Page 2 "These certain portions of Section 13, Township 4 South, Range 4 East, San Bernardino Base and Meridian, in the City of Palm Springs, County of Riverside, State of California, being mote particularly described as follows: Commencing at the Northeast corner of said Sec'tiion 13, thence along the northerly line of Section 13, South 89148'00" West a distance of 1,470.10 feet; thence South 00"06'44" West a distance of ' 1,079.51 feet; thence North 89'53'16" West a distance of 25.00 feet to a point on the westerly right-of-way of Civic Road, said point also being the: TRUE POINT OF BEGINNING; thence North 8916" West a distance of 498.05 feet to a point on the easterly right-of-way of Juanita Drive; thence along said easterly right-of-way North 0004" East a distance of 1 ,036.65 feet to a point on the southerly night-of-way of Alejo Road; thence along said southerly right-of-way North 89°48'00" East a distance of 499.17 feet to a point on said westerly right-of-way of Civic Drive; thence along said westerly right-of-way South 00006'44" West a distance of 1 ,039.27 feet to the TRUE POINT OF BEGINNING. Said parcel containing 11 .8816 acres. Basis of bearing is the northerly line of the East 1/2 of said 'Section 13 bearing, North 89148'00" East." Said acreage as depicted on Exhibit "B" to this Resolution. Said release would be in exchange for 9.39 acres of City land being deeded to the Airport. Said 9.39 acres is in the future Runway Protection Zone as depicted in the Airport's new Master Plan, shown on Exhibit "C" to this Resolution. Section 3. That the City Council of the City of Palm Springs, California, covenants that said 11 .8816 acres shall be utilized for a joint use (Airport and City) ' maintenance yard for so long as the Airport shall be in operation, provided that the City shall have the right to substitute an alternate joint use maintenance yard, which will provide equal maintenance service. Section 4. That the Director of ,Aviation is authorized to submit this Resolution to the Federal Aviation Administration as well as all necessary appraisals. ADOPTED this 6th day of July , 1994. AYES: Members Hodges, Kleindienst, Reller-Spurgin and Mayor Maryanov NOES: None ABSENT: Member Lyons --� ATTEST: C �`( LM SP G , C/ LIFORNIA B �( Y ( City Clerk y Manager _i REVIEWED & Approved: .�I 1 EXHIBIT "A" TO RESOLUTION NO. 18428 PALM SPRINGS CITY YARD ' The Palm Springs City Yard, the City and Airport maintenance facility, is located on the southwest corner of Alejo Road and North Civic Drive. The legal description of the property utilized for the facility is: "These certain portions of Section 13, Township 4 South, Range 4 East, San Bernardino Base and Meridian, in the City of Palm Springs, County of Riverside, State of California, being more particularly described as follows: Commencing at the Northeast corner of said Section 13, thence along the northerly line of Section 13, South 89°48'00" West a distance of 1,470.10 feet; thence South 00006'44" West a distance of 1 ,079.51 feet; thence North 89053'16" West a distance of 25.00 feet to a point on the westerly right-of- way of Civic Road, said point also being the TRUE POINT OF BEGINNING;thence North 8916"West a distance of 498.05 feet to a point on the easterly right-of-way of Juanita Drive; thence along said easterly right-of-way North 0004" East a distance of 1,036.65 feet to a point on the southerly right-of-way of Alejo Road; thence along said southerly right-of-way North 89148'00" East a distance of 499.17 feet to a distance of 499.17 feet to a point on said westerly right-of-way of Civic Drive; thence along said westerly right-of-way South 00°06'44" West a distance of 1,039.27 feet to the TRUE POINT OF BEGINNING. Said parcel containing 1 1 .8816 acres. Basis of bearing is the northerly line of the East 1/2 of said Section 13 bearing, North 89148'00" East." The property is a portion of the 140 acres of federal surplus property quit claimed to the City of Palm Springs for Airport purposes in 1949. Department of Transportation Office of Inspector General (DOTIG) Audit #R9-FA-3-061 reported the City Yard to be 18 acres. The attached drawing, Exhibit I, indicates the location of the City Yard ("Corporate Yard") as the westerly 2/3 of lot 3. After subtracting the width of necessary street improvements for access to the-Airport rental car agencies and the width of a landscape noise buffer, the usable area is approximately 499 feet by 1036 feet, or 11 .88 acres. The City Yard provides the following services to the City and the Airport: ■ Vehicle Maintenance ■ Fueling Facility ■ Pavement Maintenance ■ Building Maintenance ■ Landscape Maintenance ■ Waste Collection ■ Purchasing/Warehouse ■ Emergency Supply Depot If the facility did not exist, the Airport would have to undertake the necessary capital program to provide some of the facilities for itself. The City of Palm Springs has completed all of the improvements on the facility, at their cost, with no Airport capital contribution. Dozier Appraisal Company, in December of 1993, completed an appraisal assignment on the subject property and found the replacement cost value of the improvements to be $2,704,000 with a land value of $1,523,000. In 1963, the City and the Airport both needed to develop a centralized maintenance facility. When an airport is faced with the need to develop such a facility, a capital project is // Exhibit "A" Page 1 of 4 lo2 �6q undertaken. In this instance, rather than floating a bond to finance the improvement, the Airport found a partner, the City. The Airport came to the table with land and the City came with the funds for the development of the facility. Had the Airport undertaken the development of its own multi-purpose maintenance facility, it certainly would not have been as large as what was built; however, by the time design costs are combined with construction, a maintenance facility project of $376,000 could have occurred. A bond issue to cover the construction, by the time insurance, debt service , reserves, and pre-funded interest were included, would be close to $475,000. Annual debt service would run approximately $47,500. Rather than taking this approach, the Airport provided the land and let the City proceed. Not only did the Airport avoid expending $47,500 per year, but, the action allowed for that $47,500 to be spent on some other Airport project. The City Yard development program is worth $95,000 per year to the Airport and over a 30 year period, without interest, the Airport has had $2,850,000 more: to work with for needed Airport projects. Vacant land was leveraged to provide needed services for the Airport without negatively impacting cash flow. The DOTIG audit points out that the Airport is losing approximately $322,000 annually in fair market rental value. That was based upon an erroneous assumption that the Yard occupied 18 acres instead of the actual 11 .8816 acres it occupies. Using the IG's valuation methodology, on the reduced acreage, one comes to an approximate $212,538 rental value. The Dozier Appraisal found the, raw land to be worth $1,523,000 and established a fair market rental value at $152,300 per annurn. The leases that occurred in 1963 were based on 8% capitalization rate which means the current full fair market value based on the Dozier appraised land value should be closer to $1 21,840. If a lease had occurred in '1963, the Airport has an appraisal of like property that established value at $37,500 per acre. The City Yard site would have been worth $445,560 or an annual lease of $35,644. Our standard lease would increase: rental every 5 years per CPI, not to exceed 25%. Between 1963 and 1993, there would be 6 increases which, if ' assumed at an average of 23% every 5 years, would mean a 1380/6 increase, or rent in 1993 of $123,428 (see Exhibit II). Total rental for the 30 years would be $2,031,797, which is approximately $820,000 less than the Airport had available due to the avoided investment partnership developed with the City. The "avoided investment" partnership outlined above and the savings that accrued to the Airport is adequate to more than fully compensate the Airport, during the past 30 years; however, that does not provide for the unrestricted use of the acreage forever. To complete the compensation package, the: City is prepared to deed 9.39 acres of recently purchased acreage, on Vista Chino and Cerritos, to the Airport and to guarantee the allowance for Airport maintenance functions to always occur on the City Yard site. The 9.39 acre site is presently being utilized as a flood retention basin. The subject property is heavily impacted by the future runway protection zone of the Airport and the property is shown on the new Master Plan as something to be acquired. On January 25, 1991 , an appraisal of the acreage was provided by Lipman Stevens & Marshall, Inc., and the value was placed at $716,000. Combining the $716,000 of value for the 9.39 acre site, plus the $820,000 of extra value afforded the Airport over the last 30 years from its partnership arrangement with the City, provides a total of $1 ,536,000 compensation to the Airport for release of the City Yard site valued at $1,523,000. Based on the above package, the sponsor, City of Palm Springs, seeks the full release of property from all restrictions. R18428 Exhitit "A" Page 2 of 4 EXHIBIT I AIRPORT LAND TRANSACTIONS 1 ' O O 1 1961 General Obligation Bond Issue CORPORATE land purchase. / YARD �� I CITY HALL 1 i 140 Acres Quit Claimed in 1949. ® �9 SEWER / PLANT NOT ,,SCALE R18428 Exhibit "A" Page 3 of 4 46(0 EXHIBIT II CITY OF PALM SPRINGS CORPORATE YARD COMPARATIVE YEARLY RENTAL YEAR YEARLY RENTAL ACCUM. , RENTAL INCREASE RENTAL 1963 $35,644.00 $35,644.00 1964 $35,644.00 $71,288.00 1965 $35,644.00 $106,932.00 1966 $35,644.00 $142,576.0111 1967 $35,644.00 $8,198.12 $178,220.00 1968 $43,642.12 $222,062.14 1969 $43,842.12 $265,904.24 1970 $43,842.12 $309,746.36 1971 $43,842.12 $353,588.48 1972 $43,842.12 $10,083.69 $397,430.61:1 1973 $53.925.81 $451,356.41 1974 $53,925.81 $505,282.22 1975 $53.925.81 $559,208.02 19-16 $53,925.81 $613,133.83 1977 $53.925.81 $12,402.94 $667,059.641 1978 $66,328.74 $733,388.38 1979 $66,328.74 $799,717.1 Z 1980 $66,328.74 $866,045.82' 1981 $66,328.74 $932,374.61 1982 $66,323.74 $15,255.61 $998,703.315 1983 $81,584.35 $1,080,287.71 1984 $81.584.35 $1,161,872.05 ' 1985 $81,584.35 $1,243,456.4-2 1986 $81,584.35 $1,325,040.77 1987 $81,584.35 $18,764.40 $1.406,625.13 1988 $100,348.76 $1,506,973.88 1989 $100,348.76 $1,607,322.64 1990 $100,348.76 $1,707,671.39 1991 $100,348.76 $1,806,020.15 1992 $100,346.76 $23,080.21 $1,908,368.91 1993 $123,428.97 $2,031,797.80 NOTE: Rental Increase based upon 23%CPI Increase every five years beginning In 1968. R18428 Exhibit "A" Page 4 of 4 EXHIBIT "B" TO RESOLUTION NO. _18428 12 1 ALEJO ROAD S89'48 DO W 1470.10' - 7 ---------------- 538.21 499.17 X 12' X X 25' m n X ' M 'p n o MI 0 w ; � X 1 g z f- a TRUE POINT OF BEGINNING X 498.05' N89'53'18'W 535.01 25.Do' 12.00' 0 U S ?3 N89"52'24"E 1336.97' r CITY YARD PARCEL SCALE: 1' - 200' 68"1 Exhibit "B" Page 1 of 1 EXHIBIT I]C" TO RESOLUTION NO. 18428 BULDNGB/FACLffE8 IN L�j sJ1� latrn IY ma�lw aa!]non F"w•i�i.r�M"f�'r ..,"'.. o eror _ car Lnnl1 ➢� -r>= °.v".w��illni Yu r,r«:•••"••]•••rnw rnr I�Yl,wurlNul, /wrxr rrluIr�rlrN. _- -Y$_ l MM 11nVMI.I L�(Mll n .MrM N NR.a]pNp _Y% +'vMo.1,•ry.MIT Ion %Nr w•Ysl n`wi.`twy RUNWAY END CCIOFIDNATF9 OL1D /D8!!1 '-4 IFI YwYn Im1 v..I.oY N r14M rr� N rMl II fllyN N 1]r1Y N W „IINAY Nny 1LTLII70 II_ ITrf ' ir Ir IrdrK WYyVl11.O Nr1 _ __ -YA. �Y M u� —ILL Y,aW/Y _Y% NT✓.�1N r]O N la II[ ]0'I][[�_I Ir Y�'1S1iF:_]T ].lY..l. I ",r I�n� nr.l .[ _,YI_%._ N.r,..•x sr[ [ �,I. 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