HomeMy WebLinkAboutCC Reso No 2019-066 Accepting Governmental Purpose PropertyRESOLUTION NO. 2019 -066
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 - 066
Page 2 of 2
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 Jules gni A
Attest:
Mark Mahan
Deputy City Clerk
STATE OF CALIFORNIA j
COUNTY OF RIVERSIDE j ss.
CITY OF LAKE ELSINORE )
I, Mark Mahan, Deputy City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2019 -066 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: Council Members Sheridan, Johnson and Magee; Mayor Pro -Tem Tisdale and Mayor Manos
NOES: None
ABSENT: None
ABSTAIN: None .,
Mark Mahan
Deputy City Clerk