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HomeMy WebLinkAboutSuccessor Agency Item No. 2CITY OF ,-- LADE LSII`IOI.E DREAM EXTREME- REPORT TO CITY COUNCIL AS SUCCESSOR AGENCY /SUCCESSOR HOUSING AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES EXECUTIVE DIRECTOR DATE: MAY 14, 2013 SUBJECT: GRANT OF EASEMENT TO MCMILLIN SUMMERLY, LLC Recommendation Authorize the City Manager, acting as Executive Director of the Successor Agency, to execute the attached easement and instruct staff to cause the easement to be recorded in the official records of Riverside County. Background McMillin Summerly, LLC is the master developer working in the Summerly development. The Links at Summerly is a fully operational golf course within the development. On October 15, 2012, the City Council approved McMillin's request that the City provide a recordable grant of easement in order to formalize the use of an existing easement that is used for golf cart travel and maintenance purposes. Following this approval, McMillin engaged a title company, First American Title, to review any potential title issues. As a result of that review, it was determined that the existing cart path easement transverses certain real property that is owned by the Successor Agency. As a result, in order to complete the formalization of the existing easement pathway, the Successor Agency Board is being asked to consider and approve a grant of easement with respect to those Successor Agency parcels affected by the cart path. A map showing the general vicinity of the easement is attached AGENDA ITEM NO. SA2 Page I of 9 Grant of Easement to McMillin May 14, 2013 Page 2 Discussion Currently, a paved pathway leads from the Summerly clubhouse, across the historic San Jacinto River channel, and then to the golf course. This pathway has been in place since the golf course became operational. McMillin Summerly, LLC, as the managing entity for the Summerly golf course, has stated that the pathway is critical to the supervision of the golf course daily activities. Maintenance vehicles access the golf course by crossing over the path along with providing a crossing for golf carts. The City Council previously approved an easement in recordable form in order to formally evidence the existing cart path easement. McMillin is now renewing that request to the Successor Agency to provide an easement in recordable form in order to formally evidence the existing cart path use over land owned by the Successor Agency. A copy of the proposed easement is attached. The affected Successor Agency properties are part of a 25 acre conservation area required as mitigation along with other Back Basin conservation requirements for certain impacts of the Summerly Project pursuant to requirements of the CDFG Section 1602 Streambed Alteration Agreement No. 1600 - 2004 - 0130 -R6 and pursuant to the requirements of the USACOE Section 404 Lake Management Plan Permit No. 2004 - 00748-RRS. As submitted to the Army Corps, the 25 acre conservation easement specifically includes the golf cart crossing. The properties have no developable value. Section 34171(d)(1)(F) of the Health and Safety Code provides that a Successor Agency may enter into agreements necessary for the administration or operation of the Successor Agency and its enforceable obligations. The Amended and Restated DDA by and among the former Redevelopment Agency, McMillin Summerly, and Civic Partners is a recognized enforceable obligation of the Successor Agency. The DDA defines the Summerly project inclusive of the mitigation requirements mandated by the state and federal regulatory agencies and requires that the Agency cooperate to satisfy these permit requirements and to implement the Summerly Project. Because the cart path already constitutes an existing easement essential to the operation of the golf course and the Summerly Project, the Successor Agency is within its powers to formalize that easement by way of a recorded document consistent with the administration of the former Redevelopment Agency's property. Additionally, the Successor Agency's approval of a formal grant of easement will be subject to confirmation by the Oversight Board. Fiscal Impact There are no fiscal impacts to the Successor Agency. All costs related to this easement shall be the responsibility of McMillin Summerly LLC. Prepared by: Barbara Leibold, City Attorney Approved by: Grant Yates, Executive Director Attachment: Vicinity Map Easement Page 2 of 9 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Attention: City Clerk TAX STATEMENTS DO NOT CHANGE MAILING Exempt from Recording Fee Exempt from Documentary Tax Pursuant to Government Code Sections 6103 Pursuant to R &T Code § 11922 6103 and 27383 (Space above this line for Recorder's use) Grant of Easement Riverside County [ ] All Assessor's Parcel Number: 371 - 030 -024 and 371 - 030 -051 [X] Portion For valuable consideration, receipt of which is hereby acknowledged, City of Lake Elsinore as Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, County of Riverside, State of California Hereby grants to: McMillin Summeriy, LLC an easement for access, maintenance and utility purposes in, over and under the real property located in the City of Lake Elsinore, County of Riverside, State of California described on Exhibit "A" and shown on Exhibit "B% attached hereto and by reference made a part hereof, together with the right to transfer such rights in whole or in part to others, including a future owner of the adjacent golf course. In witness whereof, the grantor hereto has caused this Grant of Easement to be executed on this day of 2013. Grant M. Yates, Executive Director City of Lake Elsinore as Successor Agency of the Redevelopment Agency of the City of Lake Elsinore (This document must be notarized) Page 3 of 9 I LEGAL DESCRITION 2 EXHIBIT "A" 3 BEING A PORTION OF LOTS 28,29 AND 35 OF TRACT NO. 31920.1, AS PER MAP FILED IN 4 BOOK 394 AT PAGES 41 THROUGH 51, INCLUSIVE, OF MISCELLANEOUS MAPS IN THE 5 OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 6 TOGETHER WITH A PORTION OF LOT 17 OF BLOCK "H" OF THE RESUBDIVISION OF 7 BLOCK "0" ELSINORE, AS PER MAP FILED IN BOOK 6 AT PAGE 296, OF 8 MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN 9 10 11 12 13 PARCEL 1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 DIEGO, STATE OF CALIFORNIA. ACCESS AND UTILITY EASEMENT BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 35 OF TRACT 31920 -1, THENCE ALONG THE NORTHERLY LOT LINE OF LOT 35 OF SAID TRACT, BEING A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2100 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 24 °14'18° WEST; THENCE 209.04 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5 °42'12° TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LOT LINE SOUTH 38 °51'42° EAST 202.71 FEET TO THE BEGINNING OF CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1900 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 28°59'27" WEST; THENCE 6.68 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 012'05% THENCE SOUTH 67 °13'09" EAST 26.90 FEET TO THE BEGINNING OF CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1879 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH 28 °16'47" WEST; THENCE 140.35 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 °16'4T; THENCE NORTH 66 000'00' EAST 88.96 FEET TO THE BEGINNING OF CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 641 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 24 °00'00" EAST; lof 3 Page 4 of 9 I THENCE 622.72 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55 °39'41 "; 2 THENCE NORTH 10 020'19" EAST 222.24 FEET TO THE CENTERLINE OF SYLVESTER 3 STREET; 4 5 THENCE ALONG SAID CENTERLINE SOUTH 79 °39'41" EAST 216.12 FEET TO THE 6 WESTERLY RIGHT OF WAY OF MALAGA ROAD, ALSO BEING THE EASTERLY LOT LINE OF 7 LOT 29 OF TRACT 31920 -1; 8 9 THENCE ALONG SAID LOT LINE SOUTH 08 05655" WEST 50.01 FEET; 10 11 THENCE LEAVING SAID LOT LINE NORTH 79 °39'41° WEST 183.12 FEET; 12 13 THENCE SOUTH 10 °20'19" WEST 222.24 FEET TO THE BEGINNING OF CURVE CONCAVE 14 NORTHWESTERLY HAVING A RADIUS OF 674 FEET, A RADIAL LINE TO SAID BEGINNING 15 OF CURVE BEARS SOUTH 79 039'41" EAST; 16 17 THENCE 654.77 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55 °39'41"; 18 19 THENCE SOUTH 66 °00'00" WEST 101.56 FEET TO THE BEGINNING OF CURVE CONCAVE 20 SOUTHEASTERLY HAVING A RADIUS OF 1846 FEET, A RADIAL LINE TO SAID BEGINNING 21 OF CURVE BEARS NORTH 24 "23'28" WEST; 22 23 THENCE 187.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05 04918' 24 TO THE NORTHEASTERLY LOT LINE OF LOT 30 OF TRACT 31920 -1; 25 26 THENCE ALONG SAID LOT LINE NORTH 15 °3644" WEST 21.19 FEET TO THE NORTHERLY 27 LOT LINE OF LOT LINE OF SAID LOT; 28 29 THENCE ALONG SAID NORTHERLY LOT LINE SOUTH 53 °48'30" WEST 11.72 FEET; 30 31 THENCE LEAVING SAID NORTHERLY LOT LINE NORTH 38 °51'42" WEST 237.25 FEET TO 32 THE NORTHERLY LOT LINE OF LOT 35 OF TRACT 31920 -1, ALSO BEING THE BEGINNING 33 OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 2100 FEET, A RADIAL 34 LINE TO SAID BEGINNING OF CURVE BEARS NORTH 31 °00'53° WEST; 35 36 THENCE 39.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 °04'32" TO 37 THE TRUE POINT OF BEGINNING. 38 2of 3 Page 5 of 9 I CONTAINING 1.320 ACRES, MORE OR LESS. 2 3 PARCEL 2 4 5 A STRIP OF LAND 30.00 FEET WIDE LYING 15.00 FEET ON EITHER SIDE OF THE 6 FOLLOWING DESCRIBED CENTERLINE; 7 8 BEGINNING AT THE NORTHEASTERLY CORNER OF LOTAW OF TRACT 31920 -1, SAID 9 POINT ALSO BEING THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING 10 A RADIUS OF 3650 FEET, A RADIAL, A RADIAL LINE TO SAID BEGINNING OF CURVE 11 BEARS NORTH 43 058'59" WEST; 12 13 THENCE ALONG THE EASTERLY LOT LINE OF LOT AW; ALSO BEING THE WESTERLY LOT 14 LINE OF LOT 35 OF SAID TRACT; 10.04 FEET ALONG SAID CURVE THROUGH A CENTRAL 15 ANGLE OF 00 009'27" TO THE TRUE POINT OF BEGINNING; 16 17 THENCE LEAVING SAID LOT LINE SOUTH 48 049'07" EAST 200.71 FEET TO THE EASTERLY 18 LOT LINE OF LOT 35 OF SAID TRACT; 19 20 THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTEND TO 21 TERMINATE EASTERLY AND WESTERLY LOT LINES OF SAID LOT 35; 22 23 CONTAINING 0.138 ACRES, MORE OR LESS. 24 25 ALSO AS SHOWN ON EXHIBIT "B", ATTACHED HERETO, AND BY THIS REFERENCE MADE 26 A PART OF. 27 28 SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS 29 AND RIGHTS -OF -WAY OF RECORD IF ANY 30 31 PREt�BY� 33 SCOTT K WILSONI DATE 34 P.L.S. 7434 35 EXPIRES 12/31/13 3of 3 Page 6 of 9 EXHIBIT THE FYI � (L 'i 91Eff 1 0.F2 CUM OF MV&M% STATE OF OWFORNN BEING A F'ORTIWI OF LOTS 28, 29 AND 35 OF TRACT 31920 -1, M.& 394141 -51 TOG£THE7t WITH A PORTION OF LOT 17 OF BLM V OF THE RESUBD1V1510N OF &OCK r OF aMOK MB. 61296 S.D. CO. ACCESS AND UTILITY EASEMENT ,7-"�. s Yi. 4CTr,. LOT 29 TRACT 31920 --1 SCAM 1° =200' M,B. 394/41 -51 PORTION OF LOT 17 OF BLOCK 'H' OF THE RESUBDIVISJON OF BLOCK � OF ELSIONRE, M.B. 6/96 S,D. CO. T.P.13.8. R =2100.00' b-05-4212- R =2100.00' L =209.04' A= 01"04'32 "� ^ LOT 31 /SEE DETAIL 'A" x'' �r' % LOT 30 E40dW NOIB% (D AN EASEMENT TO ELSINORE VALLEY MUNICIPAL WATER DISTRICT FOR ACCESS ROAD AND WATER EASEMENT, RECORD AUGUST 25, 2006 AS INSTRUMENT NO. 2006- 0628256 Q AN EASEMENT TO SANTA ANA WATERSHED PROJECT AUTHORITY FOR WATER PIPELINE AND APPURTENANCES, RECORD OCTOBER 4, 1991 AS INSTRUMENT NO. 345395 Q AN EASEMENT TO SANTA ANA WATERSHED PROJECT AUTHORITY FOR WATER PIPELINE AND APPURTENANCES, RECORD OCTOBER 4, 1991 AS INSTRUMENT NO. 345396 ® AN EASEMENT TO ELSINORE VALLEY ;MUNICIPAL WATER DISTRICT " FOR PIPELINE PURPOSES, RECORD APRIL 13, 2007 AS INSTRUMENT NO. 2001- 0250539. O A QUIT CLAIM DEED TO ELSINORE VALLEY MUNICIPAL WATER DISTRICT FOR LIFT STATION PURPOSES, RECORD JANUARY 25, 2007 AS INSTRUMENT NO. 2007 - 0097702, LOT 1 PAR L 1 11.320 ACRES LOT 7 ??, V4,,.M.• Il SCALE: 1` =50' Page 7 of 9 EXHIBIT "I IN THE Cff OF TAKE ag Str 2 OF 2 COIkVIY OF RIVERS& STATE OF CAUFOW BM A POR M OF LOT 35 OF TRACT 31920 -1, N.B. 394141 -51 T027M WRH A PORTION OF LOT 17 OF BLOCK 71' OF THE RESUwNSION OF BLOCK 7Y OF alsm ma 81296 SQ Co. SCALE: 1' =100' / / ACCESS AND U71UTY EASEMENT / LOT 31 / TRACT 31920 -1 M.B. 394/41 -51 L= 10.04 / (RA D} 2 / t � / X LOT/ 35 // i ARCEL Z *0.138 ACRES i i tom' LOT AG LOT 30 TRACT 31920 -1 M.B. 394/41 -51 SEWENT NOTES: Q> AN EASEMENT TO ELSINORE VALLEY MUNICIPAL WATER DISTRICT FOR ACCESS ROAD AND WATER EASEMENT, RECORD AUGUST 25, 2006 AS INSTRUMENT NO. 2006- 0628256 0 AN EASEMENT TO SANTA ANA WATERSHED PROJECT AUTHORITY FOR WATER PIPELINE AND APPURTENANCES, RECORD OCTOBER 4, 1991 AS INSTRUMENT NO. 345395 U3 AN EASEMENT TO SANTA ANA WATERSHED PROJECT AUTHORITY FOR WATER PIPELINE AND APPURTENANCES, RECORD OCTOBER 4, 1991 AS INSTRUMENT NO. 345395. Page 8 of 9 v� wy >� m�& moo m o+ ciO U( MR I ME M .-r r O M O t� w �z zw �w >� Q w PLO 0 H z F (° �cJ.