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HomeMy WebLinkAboutItem 3OVERSIGHT BOARD OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE FROM: BARBARA LEIBOLD, SUCCESSOR AGENCY COUNSEL DATE: MAY 28, 2013 SUBJECT: GRANT OF EASEMENT TO MCMILLIN SUMMERLY, LLC �, McMillin Summerly, 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 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- AGENDA FEM 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(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 (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 Ifi.71 .NDA I T EINI 3 Page 2 c ►_ L* •: 1 11 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 r#VT ArAMtrXAjf •••s • • • •- j7, jr. Page 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. AGIi'N'D k 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 28th 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 1At1 -31Ii Oversight Board Clerk LSMOBJE 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 145 2013 SUBJECT: GRANT OF EASEMENT TO MCMILLIN SUMMERLY, LLC T&nf1:i._ 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. r, c 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 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 § 111922 6103 and 27303 (Space above this Im far Recorder's use) Grant of Easement Riverside County [ I All Assessor's Parcel Number. 371 - 030-024 and 371 - 030 -051 [X j 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 $ummedy, LLC an easement for access, maintenance and utility purposes in, war and under the real property located in the City of Lake Elsinore, County of Riverside, State of California described on Exhibit `A` and shown Exhibit 08% attached hereto and by reference made a part hereof, together with the right to transfer such rights in whole or in pad 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 (Phis document must be notarized) Page 3 of 9 I LEGAL DESCRITION 2 EXHIBIT "A" 3 BEING A PORTION OF LOTS no 29 AND 35 OF TRACT NO. 31921141 AS PER MAP FILIV 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 11 OF BLOCK "H" OF THE RESU813W=N OF 7 BLOCK "0" ELSINO RE, AS PER MAP PLED IN BOOK 9 AT PAGE x96, OF 8 MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN 9 DIEGO, STATE OF CALIFORNIA. 10 11 ACCESS AND UTILITY EASEMENT 12 13 PARCEL 1 14 15 BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 35 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 °012' TO 22 THE TRUE POINT OF BEGINNING; 23 24 THENCE LEAVING SAID LOT LINE SOUTH 38°51'42' EAST 202.71 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 28 05927' WEST; 27 28 THENCE 8.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'12'06*; 29 30 THENCE SOUTH 67 °13'09' EAST 26.90 FEET TO THE BEGINNING OF CURVE CONCAVE 31 SOUTHEASTERLY HAVING A RADIUS OF 1879 FEET, A RADIAL LINE TO SAID BEGINNING 32 OF CURVE BEARS NORTH 28 °1847' WEST; 33 34 THENCE 140.35 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 *164T; 35 36 THENCE NORTH 08°00'00' EAST 86.96 FEET TO THE BEGINNING OF CURVE CONCAVE 37 NORTHWESTERLY HAVING A RADIUS OF 641 FEET, A RADIAL LINE TO SAID BEGIN NINO 38 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 55039'410; 2 THENCE NORTH 10°20'19' EAST 222.24 FEET TO THE CENTERLINE OF SYLVESTER 3 STREET; 4 5 THENCE ALONG SAID CENTERLINE SOUTH 79'39141' EAST 218.12 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 "6665" WEST 50.01 FEET; 10 1l THENCE LEAVING SAID LOT LINE NORTH 79031141' WEST 183.12 FEET; 12 13 THENCE SOUTH 10 020'19' WEST 222.24 FEET TO THE BEGINNING OF CURVE CONCAVE 14 NORTHWESTERLY HAVING A RADIUS OF 674 FEET, A:RADIAL LINE TO SAID BEGINNING 5 OF CURVE BEARS SOUTH 79 039'41' EAST, 16 L7 THENCE 654.77 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55.•3941'; 18 19 THENCE SOUTH 88.00'00' WEST 101.56 FEET TO THE BEGINNING OF CURVE CONCAVE 20 SOUTHEASTERLY HAVING .A RADIUS OF 1848 FEET, A RADIAL LINE TO SAID BEGINNING. 21 OF CURVE BEARS NORTH 24 °2378" WEST; 22 23 THENCE 187.67 FEET ALONG SAID CURVE THROUGH ACENTRAL ANGLE OF 05`49'18" 24 TO THE NORTHEASTERLY LOT LINE OF LOT 30 OF TRACT 319204; 25 26 THENCE ALONG SAID LOT LINE NORTH 15 °36'44" WEST 21A9FEET TO THE NORTHERLY 27 LOT LINE OF LOT LINE OF SAID LOT; 28 29 THENCE ALONG SAID NORTHERLY LOT LINE SOUTH 63048'30' WEST 11.72 FEET; 30 31 THENCE LEAVING SAID NORTHERLY LOT LINE NORTH 38051'42' 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 01004'32' TO 37 THE TRUE POINT OF BEGINNING. 38 2of 3 Page 5 of 9 y 1 CONTAINING 1.320 ACRES, MORE OR LESS. 2 3 PARCEL 2 4 5 A STRIP OF LAND 90.00 FEET WIDE LYING 15.00 FEET ON EITHER SIDE OF THE 6 FOLLOWING DESCRIBED CENTERUNE; 7 8 BEGINNING AT THE NORTHEASTERLY CORNER OF LOTAW OF TRACT 31920.11 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 Aft, 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°0527' 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 PREP BY' 32w: -' 'T Geri 33 SCOTTKNLSON DATE 34 P.L.S.7434 35 EXPIRES 12(31113 3of 3 Page 6 of 9 sir I wi MM A Pl9YP W OF LMS A BAND 35 OF W4Cr 310I0'd, VA J91/4f -51 MEW WW A PnR W alp LOT 17 dr fim yr' OF TW ArStMVM OF 8L= YY OF t7:9VW Ut 6/2Y6 SA 04 ACCESS AND UTILITY EASEMENT LOT 29 TRACT 31920 1 SCAM r =zoo• M.B. 394/41 -51 PORTION OF LOT 17 OF BLOCK 'H' OF THE RESUBDIVISION OF BLOCK OF ELSIONRE, M.B. 6/96 S.D. CO. LOT 31 LOT 30 t• r a,� •t•r r r .•a tr'r r w � i P • •L'�{' r• ' °a ra. Fa•t c rt i • /r !MI e © A # I• aI I 7 � i' I I• I ••I� 1'1 Lt I If IrJ 1 LOT 1 7 m Page 7 of 9 SMMT2 a': COUNTY OF RIf4iPSA>r~ SAVE OF (91t1F W MW A POROON OF LOP 35 OF MWr J1920 -1, MA JW41.51 fUCEM Al1N A MRMV OF LOP i7 OF MW N OF K Y1sm OF SLOOK r Of EL91 V& M.lL ON sa ca AC MSS AND UTJUTY EASEMENT / / LOT 31 TRACT 31920 -1 M.B.. 394/41 -51 W -- / / SCALE: 1 %xioir Ftm X27" / - ` (RAl)�� LOT /4 PARCEL Z` / tt1.S34 ACRES . ,, ```y —Q LOT AG LOT/ 35 / LOT 30 / TRACT 31920 --1 M.B. 354/41-51 saw" Au E45E&M To aMW VALEY MUNICIPAL WATER O FOR ACCESS AND WAM? EASEMEM RECORD AA DUCWSP25P 2006 AS XSTRMENT N04 2006- •0628256 _ AN USMElff O FOR NO? PF"E�� AP WATERSHED l EMMi3s RECORDAOCIOBER 4, 1991 AS INSTRUMENT NO, 345395 _ O FOR AW PER AIAEUNEEA AND APPUARTMWES RECORD OCTOBER 4, 1991 AS INSTRUMENT NO. 345396. :. C9 —C T 41 La W LL w, T�'1�1 l"ri ale�N Q 'Q a x w �w w w u W a C� e Q 04 �