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HomeMy WebLinkAbout0013_2_Cottage Lane - Exhibit A ResolutionRESOLUTION NO. 2017-__ 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 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). Reso No. 2017-__ Page 2 of 3 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. 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 LaneParcel 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. Robert Magee, Mayor Attest: _____________________________ Susan M. Domen, MMC City Clerk Reso No. 2017-__ Page 3 of 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. 2017-__ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting held on the 24th day of January, 2017, by the following vote: Ayes: Noes: Abstain: Absent: ___ Susan M. Domen, MMC City Clerk