HomeMy WebLinkAbout0007_2_Reso Acceptance of Gov Purpose Property 060616RESOLUTION NO. 2016-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACCEPTING GOVERNMENTAL PURPOSE PROPERTIES
WHEREAS, the Successor Agency of the Redevelopment Agency of the City of Lake
Elsinore (the “Successor Agency”) is charged with implementing recognized enforceable
obligations and winding down of the affairs of the former Redevelopment Agency of the City of
Lake Elsinore (the “Agency”) in accordance with the California Health and Safety Code; and,
WHEREAS, Health & Safety Code Section 34181(a) gives the Oversight Board (the
“Oversight Board”) the authority to direct the Successor Agency to transfer real properties
constructed and used for governmental purposes to the City of Lake Elsinore or another
appropriate jurisdiction; and,
WHEREAS, examples of governmental purpose properties under Health & Safety Code
Section 34181(a) include roads, school buildings, parks, police and fire stations, libraries, local
agency administrative buildings, parking facilities, and lots dedicated solely to public parking
which do not generate revenue in excess of reasonable maintenance costs; and,
WHEREAS, the Successor Agency holds title to the assets listed in items 1 through 14 in
Exhibit No. 1 hereto, which have been identified by the Successor Agency as governmental
purpose properties in accordance with applicable law (collectively, the “Governmental Purpose
Properties”); and,
WHEREAS, the requirements of Health & Safety Code Section 34181(f) have been
satisfied, the Oversight Board approved the transfer of the Governmental Purpose Properties to
the City by Resolution No. OB-2016-002 at a regular meeting of the Oversight Board on January
27, 2016, and the California Department of Finance approved the transfer of the Governmental
Purpose Properties by letter dated May 6, 2016; and
WHEREAS, Government Code Section 27281 requires that deeds or grants conveying
any interest in or easement upon real estate to a governmental agency for public purposes shall
not be accepted for recordation without the consent of the grantee evidenced by its certificate or
resolution of acceptance attached to or printed on the deed or grant; and,
WHEREAS, the City is a governmental agency to which Government Code Section 27281
applies; and,
WHEREAS, Government Code Section 27281 permits the City, by a general resolution,
to authorize one or more officers or agents to accept and consent to such deeds or grants using
a Certificate of Acceptance; and,
WHEREAS, by Resolution No. 99-17 adopted on March 23, 1999, the City Council
authorized the City Manager to accept and consent to such deeds or grants in accordance with
Government Code Section 27281; and,
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
RESOLUTION NO. 2016-__
Page 2
SECTION 1.The Recitals set forth above are true and correct and incorporated herein
by reference.
SECTION 2.The City hereby accepts conveyance of the Governmental Purpose
Properties and authorizes and directs the City Manager to execute the Certificates of Acceptance
therefor and to take any such actions necessary to implement the foregoing, accordance with
applicable law.
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 City 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 immediately upon its adoption.
PASSED AND ADOPTED this 14th day of June 2016.
____________________________
Robert Magee
Mayor Pro Tem
ATTEST:APPROVED AS TO FORM:
________________________________________________________
Susan M. Domen, MMC Barbara Leibold
City Clerk City Attorney
RESOLUTION NO. 2016-__
Page 3
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. ___________ was adopted by the City Council of the City of Lake Elsinore,
California, at the regular meeting of _____________________, and that the same was adopted
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
City Clerk