HomeMy WebLinkAboutOB Reso No 2013-004RESOLUTION NO. OB- 2013 -004
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LAKE ELSINORE APPROVING THE SUCCESSOR
AGENCY'S GRANT OF EASEMENT
WHEREAS, the Oversight Board to the Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore ( "Oversight Board ") has been established to direct
the Successor Agency to take certain actions to wind down the affairs of the former
Redevelopment Agency of the City of Lake Elsinore in accordance with the California
Health and Safety Code; and
WHEREAS, Health and Safety Code Section 34171(d)(1)(F) provides that a
Successor Agency may enter into agreements necessary for the administration or
operation of the Successor Agency and its enforceable obligations; and
WHEREAS, the Amended and Restated Disposition and Development
Agreement by and among the former Redevelopment Agency, McMillin Summerly, LLC
and Civic Partners (the "DDA ") is a recognized enforceable obligation of the Successor
Agency which defines the rights and obligations of the parties as to certain
development, including the development of the Summerly project;
WHEREAS, the Links at Summerly is a fully operational golf course within the
Summerly project which is served by an existing maintenance and golf cart path that
transverses parcels owned by the City of Lake Elsinore and the Successor Agency (on
behalf of the former Redevelopment Agency); and
WHEREAS, the affected Successor Agency parcels are part of a 25 acre
conservation area which have no developable value and which are required as
mitigation pursuant to applicable state and federal regulatory agency permits; and
WHEREAS, 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; and
WHEREAS, the golf cart path is delineated and recognized as part of the 25 acre
conservation easement submitted to the US Army Corps of Engineers and has been in
place since the golf course became operational; and
WHEREAS, on May 14, 2013 the Successor Agency approved a Grant of
Easement to McMillin Summerly, LLC to formalize the existing paved pathway for the
benefit of the golf course maintenance and golf cart crossing and authorized recordation
of that Easement subject to confirmation by the Oversight Board; and
OVERSIGHT BOARD RESOLUTION NO. OB 2013 -004
Page 2
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and incorporated
herein by reference.
SECTION 2. Based on the Recitals set forth above and consistent with the
legislative authorization contained in AB 1484 allowing successor agencies to enter into
agreements for the purpose of implementing enforceable obligations and administering
the former Redevelopment Agency's property, the Oversight Board hereby approves the
Grant of Easement in the form approved by the Successor Agency on May 14, 2013
and presented to the Oversight Board in the Agenda materials for the May 28, 2013
regular Oversight Board meeting and authorizes the execution of the Grant of Easement
by the Successor Agency and its recordation in the official records of Riverside County.
SECTION 3. If any provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Resolution which can be given effect without the invalid provision or
application, and to this end the provisions of this resolution are severable. The
Oversight Board hereby declares that it would have adopted this Resolution irrespective
of the invalidity of any particular portion thereof.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Oversight
Board to the Successor Agency of the Redevelopment Agency of the City of Lake
Elsinore, held this 28th day of May, 2013.
Chairperson, Oversight Board to the
Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore
A TEST:
Oversigl Boa Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia J. Bloom, Clerk of the Oversight Board and City Clerk of the City of Lake
Elsinore, California, hereby certify that Resolution No. OB- 2013 -004 was adopted by the
Oversight Board to the Successor Agency of the Redevelopment Agency of the City of
Lake Elsinore, California, at a regular meeting held on the 28th day of May 2013, and
that the same was adopted by the following vote:
AYES: Board Members Kelley
Chairman Williams
NOES: None
ABSENT: Board Member Schultz
ABSTAIN: None
Landon, Lassey, Tisdale, Vice -Chair Oster and
Virginia JA
Clerk of the