HomeMy WebLinkAboutItem No. 3OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE
TO: MEMBERS OF THE OVERSIGHT BOARD
FROM: BARBARA LEIBOLD, SUCCESSOR AGENCY COUNSEL
DATE: MAY 28, 2013
SUBJECT: GRANT OF EASEMENT TO MCMILLIN SUMMERLY, LLC
Background:
McMillin Summery, LLC is the master developer of the Summerly development. The
Links at Summerly is a fully operational golf course within the development.
The golf course 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). The 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 and is critical
to the supervision of the golf course daily activities.
McMillin engaged a title company, First American Title, to review any potential title
issues with respect to its operation of the golf course. As a result of that review,
McMillin requested both the City and the Successor Agency consider formalizing the
existing easement by recordation of a Grant of Easement.
The City Council previously approved an easement in recordable form in order to
formally evidence the existing cart path easement. On May 14, 2013, the Successor
Agency approved a Grant of Easement for the benefit of the golf course to utilize the
maintenance and golf cart path subject to confirmation by the Oversight Board. Copies
of the Successor Agency staff report with the Grant of Easement and related exhibit are
attached.
Discussion:
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 Summarily 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-
AGENDA ITEM 3 Page 1
Resolution Approving Easement
May 28, 2013
Page 2
00748 -RRS. As submitted to the Army Corps, the 25 acre conservation easement
specifically acknowledges the golf cart crossing. The properties have no developable
value.
Section 34171(dx1)(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 (the "DDA ") 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 an integral part of the Summerly Project as defined in
the DDA, 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.
Accordingly, the Successor Agency seeks approval of the Successor Agency's action
approving the Grant of Easement and authorization for such easement to be recorded in
the official records of Riverside County.
Recommendation:
That the Oversight Board adopt the attached Resolution No. OB- 2013 -004 approving
the Successor Agency's Grant of Easement.
Prepared and approved by: Barbara Leibold,
City Attorney /Successor Agency Counsel
Attachments:
1. Resolution No. OB- 2013 -004 approving the Successor Agency's
Grant of Easement
2. May 14, 2013 Successor Agency Staff Report with Grant of
Easement
AGENDA ITEM 3 Page 2
RESOLUTION 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 Califomia
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
AGENDA ITEM 3
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.
__-------- _.. _---- - -
AGENDA ITEM 3
OVERSIGHT BOARD RESOLUTION NO.OB 2013 -004
Page 3
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 28"' day of May, 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson, Oversight Board to the
Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore
ATTEST:
Oversight Board Clerk
AGENDA ITEM 3
CITY OF� „"WN
LADE LSINOR JE
- -, DREAM EXTREME.
REPORT TO CITY COUNCIL
AS SUCCESSOR AGENCYISUCCESSOR 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.
Backaround
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 1 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 Clark
TAX STATEMENTS
DO NOT CHANGE MAILING
Exempt from Recording Fee
Exempt from Documerdary Tax
Pursuant to Government Code Sections 6103
Pursuant to R &T Code § 11922
6103 and 27383
(Space ebwe this RM far RewrdWs use)
Grant of Easement
Riverside County I I All
Assessor's Parcel Number. 371 - 030.024 and 371 -030.051 IX 1 Portion
For valuable consideration, racelpt 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 Summerty, 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 OX and shown on
Exhibit 'B', attached hereto and by reference made a pert bared, 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
(rhis document must be notarbmd)
Page 3 of 9
I LEGAL DESCRRK7N
2 EXHIBIT "A"
3 BEING A PORTION OF LOTS 28,29 AND 35 OF TRACT NO. MMA, AS PER MAP FILE! TIN
4 BOOK 384 AT PAGES 41 THROUGH 51, INCLUSNE, 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 13LOCK "H" OF THE REWSDrVISM OF
7 BLOCK "O° E-SUIORE, AS PER MAP FILED IN BOOKS AT PAGE 296, OF .
8 MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN
9 DIEGO, STATE OF CALIFORNIA.
10
11 ACCESS AND UTO.ITYEASEM6NT
12
13 PARCEL 1
14
15 BEGINNING AT THE NORTHInASTERLY CORNER OF LOT 36 OF TRACT 31920 -1.
16
17 THENCE ALONG THE NORTHERLY LOT LINE OF LOT 35 OF SAID TRACT, BEING ACURVE
18 CONCAVE SOUTHERLY HAVING A RADIUS OF 2100 FEET, A RADIAL LINE TO SAID
19 BEGINNING OF CURVE BEARS NORTH 24 °14'18' WEST;
20
21 THENCE 209.04 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5 042`12' TO
22 THE TRUE POINT OF BEGINNING;
23
24 THENCE LEAVING SMO LOTI-INE SOUTH 38°5142' EAST 402.71 FEET TO THE
25 BEGINNING OF CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1900 FEET, A
26 RADIAL LINE TO SAID BEGINNING OF CURVE BEARS NORTH ZWW2r WEST;
27
28 THENCE 6.68 FEETALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00012'05;
29
30 THENCE SOUTH 87°13'08' EAST 26.90 FEET TO THE BEGINNING OF CURVE CONCAVE
31 SOUTHEASTERLY HAVING A RADIUS OF 1878 FEET, A RADIAL LINE TO SAID BEGINNING
32 OF CURVE BEARS NORTH 28 °104r WEST;
33
34 THENCE 140.36 FEET ALONG SAID CURVE THROUGH A CENTRAL. ANGLE OF 04 *18'4r;
35
36 THENCE NORTH 66 000'00' EAST 86.96 FEET TO THE BEGINNING OF CURVE CONCAVE
37 NORTHWESTERLY HAVING A RADIUS OF 641 FEET, A RADIAL LINE TO SAID BEGINNING
38 OF CURVE BEARS SOUTH 24 000'00' 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°20'19' EAST 222.24 FEET TO THE CENTERLINE OF SYLVESTER
3 9TREET;
4
5 THENCE ALONG SAID CENTERLINE SOUTH 79'99'41` EAST 21$.12 FEET TO THE
6 WESTERLY RIGHT OF WAY OF MALAGA ROAD, ALSO BEING THE EASTERLY LOT'LINE OF
7 LOT 29 OF TRACT 31920.1;
8
9 THENCE ALONG SAID LOT LINE SOUTH 08"SU65' WEST 50.01 FEET;
10
11 THENCE LEAVING SAID LOT LINE NORTH 79'3741' WEST 183.12 FEET;
12
13 THENCE SOUTH i0 620'19' WEST 222.24 FEET TO THE BEGINNING OF CURVE CONCAVE
14 NORTHWESTERLY HAVING A RADIUS OF$ 74 FEET, AIRADIAL LINE TO SAID BEGINNING
15 OF CURVE BEARS SOUTH 79 639'41' EAST;
16
17 THENCE 654.77 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55039'41';
18
19 THENCE SOUTH 68000'00' 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°2328" WEST;
22
23 THENCE 187.67 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05 449'18'
24 TO THE NORTHEASTERLY LOT LINE OF LOT 30 OF TRACT 31920.1;
25
26 THENCE ALONG SAID LOT LINE NORTH 15 0WIW 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 43.48'30' 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 01604'32' TO
37 THETRUE 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 LYkNG 15.00 FEET ON EITHER SIDE OF THE
6 FOLLOWING DESCRIBED CENTERLINE;
7
8 SE61NNING: 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 3850 FEET, A RADIAL, A RADIAL LINE TO SAID BEGINNING OF CURVE
11 BEARS NORTH 43 °58`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°09'27' TO THE TRUE POINT OF BEGINNING;
16
17 THENCE LEAVING SAID LOT LINE SOUTH 48 649'07" 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 PREP BY: r
33 SCOTT M. WILSON DATE
34 P.L.S. 7494
35 EXPIRES 12131/13
3of 3
Page 6 of 9
MET 1 OF 2
EM A F WraN OF LW A 29 AND J5 OF 1l31CT 319Y6 -1, M.d Js1141 -31 TOAEim N1RI A Fw" OF LOT 17 OF fim
V OF WE AE9Ue AtM OF LY.M V OF aStvW MA 6IN6 9A O4
ACCESS AND UTIUTX EASEMENT
LOT 29
SCAM F TRACT' 31920 —� 1
M.B. 394/41 -51
PORTION OF LOT 17 OF BLOCK 'H'
OF THE RESUBDIVISI0N OF BLOCK
OF 91- SIONRE, M.B. 6/96 S.D. CO.
LOT 31
LOT 30
>:ASEam Awm
O AN EASEMENT TO ELSINORE VALLEY MUNICIPAL WATER DISTRICT
FOR ACCESS ROAD AND WRIER EASEMENT, RECORD AUGUST 25,
2D06 AS INSTRUMU f NQ 2M -M8256
Q AN EASEMENT TO SAMA ANA WATE)?W PROJECT AUMORITY
FOR WATER PIPEL6IE AND APP16tTENA = RECORD OCTTIBER
4, 1991 AS INSTRUMENT W. 345395
AN EASEMENT TO SANTA ANA WATERSHED PROJECT AUTNORRY
FOR WATER PffWNE AND APPURTENANCES, RECORD 0CTOBER
4, 1991 AS INSTRUMENT NJ. 345395
Q AN E40 M TO aSNORE VALLEY MUNICIPAL WATER DISTRICT
FOR POSEUNE PURPOSES; RECORD APRIL 13. 2007 AS
g INSTRUMENT NO. 2007- 0250535.
Q A QUIT CLAIM DEED TO a9NORE VALLEY MUNICIPAL WATER
3 DISTRICT FOR LIFT STATION PLMSES RECORD JANUARY 25
3 .2007 AS INSiRUMW N0. 2007- 0097702. - --
LOT 1
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Page 7 of 9
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p AN EASE.'M6NT TO ELSINORE VALLEY MUNICIPAL WATER DIMICT
FOR ACCESS ROAD AND WATER EASEMENT, RECORD AUGUST 25,
2006 AS msnwmw N0. 2006- 0628258
AN EASEMEW To A ANA O FOR WATET2 PFRINEAAND APP RTENAANCCE% RECCT AUTHQRV ORD
4, 199T AS MLSTRUAW NO. 345395 _
AN USWaff To O FOR WATER PMUNEAIAI D APPURTENANCES, RECORD OCTOBER
4, 1991 AS INSTRUMM NO. 345396.
Page 8 of 9
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