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Home My WebLink AboutItem No. 7CITY OF LADE LSII`IOKE `J DREAM E1(TREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: JANUARY 22, 2013 SUBJECT: RESOLUTIONS APPROVING THE TERMINATION OF IRREVOCABLE OFFERS OF DEDICATION WITHIN THE SUMMERLY DEVELOPMENT Recommendation 1. That the City Council Adopt the Resolution Approving the Termination of an Irrevocable Offer of Dedication (Official Records of Riverside County, California, Instrument No. 007717); and 2. That the City Council Adopt the Resolution Approving the Termination of an Irrevocable Offer of Dedication (Official Records of Riverside County, California, Instrument No. 007718) Background In 1998, the former Redevelopment Agency was the owner of an approximately 90 acre parcel located in an area now part of the Summerly development. In connection with the proposed traffic circulation plan at that time, the Redevelopment Agency made two separate "Offers of Dedication" to the City of Lake Elsinore of land to be used for street purposes. The real property offered for dedication is depicted in the first attachment and, notably, these proposed dedications actually transverse the existing approved roadways for Diamond Drive, Hidden Trails and Village Parkway within the Summerly development. The Offers of Dedication were separately recorded with the County Recorder on January 8, 1998 and assigned instrument numbers 007717 and 007718, respectively. The Redevelopment Agency subsequently sold the underlying land to the prior developer and it is now owned by McMillin Summerly. AGENDA ITEM NO. 7 Page 1 of 10 Resolutions Approving the Termination of Dedication January 22, 2013 Page 2 The Offers of Dedication were never accepted by the City and a revised circulation plan was established by the approval of subsequent tract maps for the Summerly project. However, the Offers of Dedication have created a title exception for the property owner. As a result, McMillin Summerly has requested the City formally terminate the offers. Discussion McMillin Summerly, has requested that the City terminate the Offers of Dedication in light of the fact that the Summerly project road network is clearly established and the land offered for dedication is no longer necessary. City staff has reviewed the land offered for dedication and determined that the City has, for all practical purposes, implicitly rejected the offers by approving the current development's circulation plan and Summerly tract maps. The City Attorney's office recommends that the City Council adopt resolutions to formally reject the Offers of Dedication and that such resolutions be recorded. Accordingly, adoption of the attached resolutions and the subsequent recordation will remove the title exceptions posed by the Offers of Dedication. Fiscal Impact None Prepared by: Barbara Leibold City Attorney Approved by: Grant M. Yates City Manager Attachments: Depiction of Land Offered for Dedication Resolution No. 2013 - Resolution No. 2013 -_f2D Page 2 of 10 RESOLUTION NO. 2013 -006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE TERMINATION OF AN IRREVOCABLE OFFER OF DEDICATION (OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, INSTRUMENT NO. 007717) WHEREAS, the City received an Offer of Dedication pursuant to that certain Offer of Dedication recorded on January 8, 1998 as Instrument No. 007717 of the Official Records of Riverside County, California (the "Offer of Dedication "), which Offer of Dedication provides for the dedication of certain real property for street and highway purposes (right -of -way); and WHEREAS, the real property that is the subject of the Offer of Dedication is as described in Exhibit "A" and depicted in Exhibit "B "; and WHEREAS, the right -of -way is not required for the purpose for which it was offered. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the foregoing recitals are true and correct. SECTION 2. That the Offer of Dedication of real property as described in Exhibit "A" and depicted in Exhibit "B." is hereby terminated and otherwise abandoned. SECTION 3. That the City Clerk is hereby ordered to cause the recordation of this Resolution and Exhibits "A" and "B" attached hereto and incorporated herein by this reference, in the Riverside County Recorder's Office. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 22nd day of January, 2013. ROBERT MAGEE, MAYOR ATTEST: VIRGINIA BLOOM, CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD, CITY ATTORNEY Page 3 of 10 EXHIBIT "A" THAT PORTION OF LOTS 16 AND 29 BLOCK H OF SUBDIVISION OF BLOCK "D" OF ELSINORE, MAP BOOK 6 PAGE 296 SAN DIEGO COUNTY RECORDS WITHIN THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 6 OF PARCEL MAP 27852, RECORDED IN PARCEL MAP BOOK 182 PAGES 19 THROUGH 24, RIVERSIDE COUNTY RECORDS. THENCE SOUTH 10 21'45" WEST ON THE SOUTHERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY LINE OF DIAMOND DRIVE AS SHOWN ON SAID MAP 1108.67 FEET. THENCE SOUTH 34 38'15" EAST 35.36 FEET; THENCE SOUTH 10° 21'45" WEST 59.00 FEET; THENCE NORTH 79° 38' 15" WEST 132.22 FEET; THENCE NORTH 10 21'46" EAST 1192.67 FEET; THENCE SOUTH 79 38'15" EAST 107.22 FEET TO THE POINT OF BEGINNING. CONTAINING 2.97 ACRES, MORE OR LESS. PREPARED BY: SCOTT M. WILSON DATE P.L.S. 7434 ExPIRES 12/31113 Page 4 of 10 EXHIBIT 'B' SKETCH TO ACCOMPANY LEGAL DESCRIPTION O = RECORD DATA PER PARCEL MAP N0, 27852 PER P.M.O. 182/19 -24 J J o J � 0 t F14- L43 THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION: j i t'1 SCOTT M. WILSON, PLS 7434 MY LICENSE EXPIRES 12/31/13 ✓lr� l- SHEET 1 OF 1 P.0.8. _ (N73'38'15•,W 748.0 J LINE TABLE LINE BEARING DISTANCE 11 S10 "W 1 108.67' L2 S34'38'15 "E 35.36' L3 S10'21' "W 59.00' L4 N79'38'1 5"W 132.22' ? LS N10'21'45 E 1 192.67' L6 S79'38'1 5"E 107.22' a AREA = ±2,97 ACRES � 0 r 3 T flu r Jam / ` G l <J °J NII v/ SCALE: 1 = 200' 43 No. 4 7 743f3 N E WILSON MIKAMI CORPORATION 3 PEirss Cn Nxu N. SuM 1 In CIVIL �Q UI,NE, CA B2.0 p — �MAIN b FA%: 949. Lirve: 94969.CC9O MAIN 9 ' .67 9. J.N. 10123.00 DATE 11/30/12 Page 5 of 10 Page 6of10 RESOLUTION NO. 2013 -007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE TERMINATION OF AN IRREVOCABLE OFFER OF DEDICATION (OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, INSTRUMENT NO. 007718) WHEREAS, the City received an Offer of Dedication pursuant to that certain Offer of Dedication recorded on January 8, 1998 as Instrument No. 007718 of the Official Records of Riverside County, California (the "Offer of Dedication "), which Offer of Dedication provides for the dedication of certain real property for street and highway purposes (right -of -way); and WHEREAS, the real property that is the subject of the Offer of Dedication is as described in Exhibit "A" and depicted in Exhibit "B "; and WHEREAS, the right -of -way is not required for the purpose for which it was offered. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the foregoing recitals are true and correct. SECTION 2. That the Offer of Dedication of real property as described in Exhibit "A" and depicted in Exhibit "B." is hereby terminated and otherwise abandoned. SECTION 3. That the City Clerk is hereby ordered to cause the recordation of this Resolution and Exhibits "A" and "B" attached hereto and incorporated herein by this reference, in the Riverside County Recorder's Office. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 22nd day of January, 2013. ROBERT MAGEE, MAYOR ATTEST: VIRGINIA BLOOM, CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD. CITY ATTORNEY Page 7 of 10 A PORTION OF FRACTIONAL SECTION 16, TOWNSHIP 6 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF TOGETHER WITH A PORTION OF LOT 7 AND STONEMAN STREET WITHIN BLOCK "G" AND LOT 29 BLOCK H OF THE SUBDIVISION OF BLOCK "D" OF ELSINORE, AS SHOWN BY MAP BOOK 6, PAGE 296 SAN DIEGO COUNTY RECORDS. ALL PROPERTY IS IN THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY CALIFORNIA AND WITHIN THE FOLLOWING METES AND BOUND DESCRIPTION. COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 6 OF PARCEL MAP 27852, RECORDED IN PARCEL MAP BOOK 182 PAGES 19 THROUGH 24 RIVERSIDE COUNTY RECORDS. THENCE SOUTH 10 21' 45" WEST ON THE SOUTHERLY PROLONGATION OF THE EASTSERLY RIGHT OF WAY LINE OF DIAMOND DRIVE AS SHOWN ON SAID MAP 1108.67 FEET. THENCE SOUTH 34'38'15" EAST 35.36 FEET TO THE TRUE POINT OF BEGINNING. THENCE SOUTH 10° 21'45" WEST 59.00 FEET; THENCE SOUTH 79° 38' 15" EAST 105.65 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1773.00 FEET. THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6W 44'44" A LENGTH OF 1881.87 FEET TO SOUTHEASTERLY LINE OF LOT 7 OF SAID BLOCK G OF ELSINORE. A RADIAL LINE THERETO BEARS NORTH 71° 06'29" EAST; THENCE NORTH 37 11' 34" EAST ON THE SOUTHEASTERLY LINE OF SAID LOT 7 AND THE NORTHESTERLY PROLONGATION THEREOF 70.55 FEET TO A POINT ON A NOWTANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1831.00 FEET. A RADIAL LINE THERETO BEARS NORTH 69 32'47" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59° 31' 02" A LENGTH OF 1903.11 FEET; THENCE NORTH 79° 38'15" WEST 105.85 FEET TO THE TRUE POINT OF BEGINNING Page 8 of 10 CONTAINING 2.71 ACRES MORE OR LESS. PREPARED BY: SCOTT M. WILSON DATE P.L.S. 7434 ExPIRES 12/31113 Page 9 of 10 SKETCH. TO ACCOMPANY LEGAL DESCRIPTION () = RECORD DATA PER PARCEL MAP NO. 27852 PER P.M.B. 182/19 -24 G 748.0 P.O.B. \ LINE TABLE LINE BEARING DISTANCE L1 510'21'45 "W 1108.67' L2 S3W38'15 "E 35.36' 0 S1921'45 "W %00' L4 S79"38'15 "E 105.85' L5 N37'1 1'34 "E 70.55' L6 N79'38'15 "W 105.85' Lc J _LOT 83c AAA kTy�y 11�/ c� J y G / r -- {Ac. r Al0 L or Lor J &. , v9 l✓J Y Sl AREA = ±2.71 ACRES SHEET 1 OF 1 a P c 0r 0 SCALE: 1" = 1-300 I. N 7106'29 "E (F M THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION: SCOTT M. WILSON, PLS 7434 MY LICENSE EXPIRES 12/31/13 No. 7434 RVE P , t2 /31 /13 �' WILSON MIKAMI CORPORATION' 3 PETER6 CANYON, Score t I0 CIVIL OA IRV�rvE, CA 92606 FA%: 949.699.0091 �� R pIAIN UNE: 949.679.0090 1881.87' J.N. 10123.00 DATES 12/03/12 CURVE TABLE RVE RAD DELTA LENGTH C1 P _ 1773.00' 60'4h'h4 1881.87' C2 1831.00' 5931' 1903.11' Page 10 of 10