HomeMy WebLinkAboutItem No. 14 Acceptance fo Govermental Purpose PropertyText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: RES 2019-32
Agenda Date: 7/9/2019 Status: Consent AgendaVersion: 1
File Type: ResolutionIn Control: City Council / Successor Agency
Agenda Number: 14)
Page 1 City of Lake Elsinore Printed on 7/3/2019
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Date:July 9, 2019
Subject:Acceptance of Governmental Purpose Property from the Successor
Agency of the Redevelopment Agency of the City of Lake Elsinore
Recommendation
It is recommended the City Council approve and adopt:
Resolution No. 2019-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACCEPTING GOVERNMENTAL PURPOSE PROPERTY
Background
Pursuant to Health & Safety Code Section 34181(a) and as part of the former
Redevelopment Agency dissolution, the Successor Agency, the Oversight Board and the
Department of Finance (DOF) previously approved the transfer of certain governmental
purpose properties to the City of Lake Elsinore. However, DOF initially denied the Successor
Agency and Oversight Board’s approved conveyance to the City of a .53 acre parcel located
at the intersection of Riley and Heald (APN 374-162-036) (the “Property”).
The Property is home to the Mary McDonald historic landmark. Based on information
provided by the Lake Elsinore Historical Society, Mrs. Mary Julia Ledlie McDonald
commissioned Mr. Graham to drill wells in different locations of Elsinore. A fresh water well
at a depth of some 200 feet was discovered on the Property. Sometime around 1931, Mrs.
McDonald had a gazebo building erected to cover the water fountain and a flower garden
planted around the structure. Mrs. McDonald wanted the public to freely drink from the fresh
water fountain and fill their water bottles. The Mary McDonald Fountain and Building have
been designated as a Riverside County Historical Landmark.
In order to protect the historically significant Mary McDonald Fountain and Gazebo Building,
the Successor Agency proposed to divide the Property and convey to the City only that
portion comprising approximately 5,641 square feet that includes and is necessary for the
preservation and maintenance of the historic landmark (“Governmental Purpose Portion”).
By Resolution No. 2018-004 adopted on May 16, 2018, the Oversight Board approved the
proposed transfer of the Governmental Purpose Portion to the City which was subsequently
approved by DOF. City staff has surveyed the Governmental Purpose Portion of the Property
for conveyance purposes and the City now wishes to accept the transfer of the
Governmental Purpose Portion.
Approval of Transfer of Real Property to City
June 25, 2019
Page 2
Discussion
Government Code Section 27281 requires consent by a governmental agency prior to
recordation of deeds or grants conveying any interest in real property to the governmental
agency for public purposes. As permitted by Government Code Section 27281, the City
Council adopted Resolution No. 99-17 on March 23, 1999, authorizing the City Manager to
accept and consent to such deeds or grants. Accordingly, the City Manager is authorized
and directed to execute the Certificates of Acceptance acknowledging the City’s consent and
acceptance of the Governmental Purpose Portion to be conveyed by the attached Quitclaim
Deed.
Fiscal Impact
The Governmental Purpose Portion will be transferred by Quitclaim Deed at no cost to the
City. Fiscal impacts are limited to ongoing maintenance of the property.
Exhibits
Exhibit A:Resolution No. 2019-__ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO ACCEPT GOVERNMENTAL PURPOSE PROPERTY ON
BEHALF OF THE CITY OF LAKE ELSINORE
Exhibit B:Quitclaim Deed
RESOLUTION NO. 2019-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACCEPTING GOVERNMENTAL PURPOSE PROPERTY
Whereas, the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore
(the “Successor Agency”) is charged with implementing recognized enforceable obligation 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, the Successor Agency holds title to certain real property (APN 374-162-036) (the
“Property”) a portion of which has been identified by the Successor Agency as a governmental
purpose property in accordance with applicable law because of the Mary McDonald Fountain
and Building historic landmark located thereon (the “Governmental Purpose Portion”); and
Whereas, historical preservation is a permissible governmental function pursuant to
Government Code Section 37361 and other applicable laws and is essential to protect and
preserve the rich history of the City of Lake Elsinore which dates back to incorporation in 1888;
and
Whereas, the requirements of Health & Safety Code Section 34181(f) have been satisfied, the
Oversight Board approved the transfer of the Governmental Purpose Portion to the City by
Resolution No. OB-2018-004 at a regular meeting of the Oversight Board on May 16, 2018, and
the California Department of Finance approved the transfer of the Governmental Purpose
Properties by letter dated August 21, 2018; 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.
CC Reso No. 2019 - ___
Page 2 of 3
NOW, THEREFORE, THE CITY COUNCIL 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.The City hereby accepts conveyance of the Governmental Purpose Portion and
authorizes and directs the City Manager to execute the Certificate 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.
Section 5.The City Clerk shall certify to the adoption of this Resolution and enter it into the
book of original Resolutions.
Passed and Adopted on this 9th day of July, 2019.
Steve Manos, Mayor
Attest:
Mark Mahan
Deputy City Clerk
CC Reso No. 2019 - ___
Page 3 of 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Mark Mahan, Deputy 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 July 9, 2019, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mark Mahan
Deputy City Clerk
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
QUITCLAIM DEED
TRA: __________________________
APN: __________________________
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL DOCUMENT AND
TAX STATEMENT TO:
NAME
STREET
ADDRESS
CITY, STATE &
ZIP CODE
TITLE ORDER NO. __________________________
ESCROW NO. ____________________
The undersigned grantor(s) declare(s)
DOCUMENTARY TRANSFER TAX $ ____________________
computed on full value of property conveyed, or
computed on full value less liens and encumbrances remaining at time of sale.
Unincorporated Area City of ____________________________
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, I (We) ______________________________________
___________________________________________________________________________________________________________
(NAME OF GRANTOR(S))
hereby remise, release and quitclaim to ___________________________________________________________________________
___________________________________________________________________________________________________________
(NAME OF GRANTEE(S))
the following described real property in the City of ____________________________________,County of ______________________,
State of ______________________________.
(Insert Legal Description)
DATED: ___________________________________________________________________________________
__________________________________________________
STATE OF CALIFORNIA
COUNTY OF __________________________
On __________________________ before me, __________________________________________________, personally appeared
(here insert name and title of the officer)
___________________________________________________________________________________________________________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________________________________ (SEAL)
MAIL TAX STATEMENT AS DIRECTED ABOVE
hat document.the truthfulness, accuracy, or validity of t
attached, and not document to which this certificate is
identity of the individual who signed the verifies only the
A notary public or other officer completing this certificate
Name
Name