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Home My WebLink AboutCC Reso No 2017-012 Tax Defaulted Purchase Cottage Lane Resdiential ProjectRESOLUTION NO. 2017 - 012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE TAX - DEFAULTED PURCHASE OF PARCEL 2 OF THE COTTAGE LANE RESIDENTIAL PROJECT FOR DRAINAGE AND DETENTION BASIN FUNCTIONS AT THE TERMINUS OF ULLA STREET, ASSESSOR PARCEL NUMBER 379 - 050 -024 -4 Whereas, the City of Lake Elsinore (City) on behalf of development applicant Frontier Communities is requesting City Council (Council) approval to purchase Parcel 2 (APN 379 -050- 024-4) a tax - defaulted parcel for the Cottage Lane project and properties in the area; and, Whereas, the Cottage Lane project was approved by the Council on August 23, 2005, for a 48- unit single - family residential project pursuant to a Specific Plan, Zone Change, Tentative Tract Map 32996 and Residential Design Review (RDR); and, Whereas, the Specific Plan and Zone Change are still valid, Tentative Tract Map 32996 was recorded in 2006, but the RDR has expired and new property owner Frontier Communities has applied for a new RDR; and, Whereas, the City applied for first right of refusal to purchase the tax - defaulted Parcel 2 pursuant to a Riverside County Treasurer application and letters from the City dated October 5, 2016, and September 6, 2016; and, Whereas, pursuant to a letter dated December 15, 2016, the Riverside County Treasurer notified the City the availability of Parcel 2 for purchase at a price of $33,878.50; and, Whereas, purchase of Parcel 2 would benefit the City, the developer and properties in the vicinity of Ulla Lane and Tiller Lane by providing drainage control, detention basin, and an access for road maintenance; and, Whereas, the property owner Frontier Communities has agreed to enter into a Retention Basin Agreement where the City would retain ownership of Parcel 2, grant Frontier Communities and successors an access easement, and Frontier Communities HOA or successor would permanently maintain Parcel 2; and, Whereas, on January 24, 2017, at a duly noticed Regular meeting, the Council has considered the recommendation of staff as well as evidence presented by staff and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Council has considered the proposed purchase of the Cottage Lane Parcel 2 tax - defaulted parcel APN 379 - 050 -024 -4 in the amount of $33,878.50 and has found it acceptable. The Council has reviewed and analyzed the proposed sale and determined the proposal is consistent with the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan, and the Lake Elsinore Municipal Code (LEMC). Section 2. The Council has considered oral and written testimony offered at the Regular meeting and determined that the purchase of the Cottage Lane Parcel 2 is in compliance with the California Environmental Quality Act (CEQA) Guidelines. Reso No. 2017 - 012 Page 2 of 2 Section 3. The Council finds that the purchase of the tax - defaulted parcel legal description of 0.98 acres M/L in portion of parcels A & B and Parcel 2 of Parcel Map 023/075 and Parcel Map 7361 Lot A is in the best interest of the City and properties in the vicinity. Section 4. The Council pursuant to the attached Exhibit A, includes the City Mission Statement on official City Letterhead. Section 5. The Council agrees that the City shall pay all costs for giving mailed notice to interested persons and paying for such notice in the Press Enterprise newspaper of such sale. Section 6. Based upon all of the evidence presented, the above findings, and consistency with the Lake Elsinore General Plan and LEMC, the City Council of the City of Lake Elsinore hereby approves the purchase of tax - defaulted Cottage Lane Parcel 2, APN 379 - 050 -024 -4 in the amount of $33,878.50. Section 5. This Resolution shall take effect from and after the date of its passage and adoption Passed and Adopted this 24th day of January, 2017. Attest: Susan M. Domen, MMC L City Clerk STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss CITY OF LAKE ELSINORE } I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2017 -012 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of January 24, 2017, and that the same was adopted by the following vote: AYES: Council Members Hickman, Manos and Tisdale; Mayor Pro Tern Johnson and Mayor Magee NOES: None ABSENT: None ABSTAIN: None Susan M. Domen, MMC City Clerk CITY OF LADE LS I NO Rf October 5, 2016 Michelle Bryant - August Riverside County Treasurer -Tax Collector Atten: Tax Sale Operations P.O. Box 12005 Riverside, CA 92502 RE: City of Lake Elsinore Request for Tax Default Purchase of APN 379050024 -4 Follow Up for Property located on Ulla Lane, Lake Elsinore CA 92530 Dear Ms. Bryant - August: Thank you very much for your assistance and follow up on the City of Lake Elsinore request to purchase the above - identified parcel. Attached is the original application packet with applicable information. You had requested additional information to include the City's Mission Statement and also why the City of Lake Elsinore objects to parcel 379050024 -4 being sold under Chapter 7 tax sale. Following is the information. The City Council adopted the City's Mission Statement that says "The City of Lake Elsinore will be the ultimate lake destination where all can live, work, and play, building futures and fulfill dreams." The City objects to the sale of the property under Chapter 7 tax sale as the parcel was identified and currently is designed for drainage and flood control. The adjacent properties called the "Cottage Lane" subdivision was approved for 48 residential units under Tract Map 32996 and the subject parcel was designed to not only address drainage and flood control on that property but also currently accepts drainage and flood control for existing residential properties on Ulla Lane. The parcel is graded with rip rap to function as a drainage and flood control channel. In addition, due to the current property owner's lack of maintenance the City conducted a nuisance abatement to remove all overgrown vegetation that was interfering with the drainage and flood control function. When the Cottage Lane project was sold the subject parcel was inadvertently removed. Sale of the parcel for development of a residence cannot be done unless the current drainage and flood control function were replaced. 951-0743124 40 S, MAIN STS1..V.I LAKE Ef s-,10u, CA 02.530 tk'lN4Y.! A;: >;f:- [.SINiJP,F.CIkC] The City of Lake Elsinore respectfully requests to purchase this property as soon as possible to provide drainage and flood control . to existing and future residences on Ulla Lane. Please contact me at 951 -674 -3124, Ext. 270 or email at Sincerely, Graiit Ta Ioi-, Community Development Director Enclosures C 1. -1' Y c;1- LAKE 'LSIR0PE September 6, 2016 Michelle Bryant- August Riverside County Treasurer -Tax Collector Atten: Tax Sale Operations P.O. Box 12005 Riverside, CA 92502 RE: City of Lake Elsinore Request for Tax Default Purchase of APN 379050024 -4 Property located on Ulla Lane, Lake Elsinore CA 92530 Dear Ms. Bryant- August: Thank you very much for your assistance in directing me to the procedures of acquiring the tax default property identified above. Attached is the application and pertinent information. This parcel is vacant and currently a drainage facility that serves current and future residences on Ulla Lane. Tract Map 32996 (attached) when originally approved included this parcel for drainage on the 48 -unit residential project as well as existing properties on Ulla Lane. The Tract Map and project went bankrupt and when purchased the drainage lot was somehow not included in the sale. APN 379050024 -4 is critical for area drainage purposes on Ulla Lane. The City of Lake Elsinore respectfully requests to purchase this property as soon as possible to provide drainage to existing and future residences on Ulla Lane. Thank you for your consideration. Please contact me at 951 - 674 -3124, Ext. 270 or email at Sincerely, Grant Tay 1c, , Community Development Director Enclosures M) 5. MAIN .S FRFF F LAKE 1i1.511NORE. CA 02530 V~ LAKE- ELSI NOR E,ORG