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BACKGROUND <br />The City was contacted by the property owner at 5611 Stone Cliff Vista Lane, Samia <br />Ara and Raquib U. Khan (the Khans), about the City's granting to them a portion of the <br />buffer area (Parcel C) located between their lot and the Alameda County Transportation <br />Corridor. This area was dedicated to the City in fee title with Tract 7374, Canyon Oaks, <br />for public purposes. <br />The majority of Parcel C provides for a buffer between the subdivision lots and the <br />City's drainage channel (the channel was formerly owned by Zone 7) that runs along <br />Valley Avenue. A small portion of Parcel C runs along the Alameda County <br />Transportation Corridor. The Khans are inquiring about the portion of Parcel C adjacent <br />to the Transportation Corridor (see Attachment 1, Vicinity Map). <br />According to Mr. Khan, he has been keeping the area between his lot and the Alameda <br />County Transportation Corridor free of weeds since he moved into the home three years <br />ago. According to the CC&Rs for the Walnut Hills/Canyon Oaks development, the HOA <br />is responsible for the maintenance of all the open space areas, including Parcel C. <br />According to Mr. Khan, however, the land adjacent to his property has not been <br />maintained to his satisfaction and he has taken on those maintenance responsibilities <br />himself. Staff has contacted the manager of the Homeowner's Association about Mr. <br />Khan's request to take ownership of a portion of parcel C. According to the manager of <br />the HOA, the Board of Directors have no comment regarding the Khans' acquiring the <br />property for a number of reasons, mainly because the property is owned by the City <br />(see attached letter). Staff has made numerous attempts to get clarification on the <br />Board's stance on this issue, but the manager remains firm that the Board simply has no <br />comment on this issue. <br />Improvements <br />The portion of Parcel C that the Khans want the City to deed to them is encumbered by <br />a storm drain and storm drain outfall that empties into a bioswale that runs along the <br />greater portion of Parcel C. If the property is deeded to them, the Khans will relocate the <br />storm drain system outside the area they wish to acquire, bring in fill material to bring <br />the grade of this property to the same elevation as their lot, and relocate the fence to <br />the new property line. All of these improvements would be at their expense. <br />Fair Market Value of the Property <br />When staff was first approached by the Khans about this proposal, staff indicated that <br />the property would first have to be appraised to determine its fair market value. Once <br />the value of .the property was determined, we would then determine the cost of <br />relocating the improvements outside of the parcel. The difference between the value of <br />the unencumbered land and the cost of relocating the improvements would be the <br />recommended price for the property. <br />Mr. Khan contacted several appraisers to determine the value of the land, as well as <br />several contractors to determine the cost of removing and installing the storm drain <br />Page 2 of 4 <br />