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HomeMy WebLinkAboutItem No. 06 Purchase of Tax Default Props APN 363-020-009, 363-090-009 and 363-090-010Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 19-440 Agenda Date: 1/14/2020 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 6) Page 1 City of Lake Elsinore Printed on 1/9/2020 REPORT TO CITY COUNCIL TO: Honorable Mayor and City Council Members FROM: Grant Yates, City Manager DATE: January 14, 2020 SUBJECT: Purchase of Three (3) Tax-Defaulted Properties Totaling $443,222.72 Assessor Parcel Numbers 363-020-009, 363-090-009 & 363-090-010 Recommendation Adopt. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, OBJECTING TO THE SALE OF TAX-DEFAULTED PROPERTY KNOWN AS ASSESSOR’S PARCEL NUMBERS (APN’S) 363-020-009, 363-090-009 AND 363-090-010; APPLYING TO THE COUNTY BOARD OF SUPERVISORS, COUNTY TAX COLLECTOR AND TREASURER, AND STATE CONTROLLER TO PURCHASE THE PROPERTY; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. Background The City of Lake Elsinore periodically receives notice from the County of Riverside Tax Collector/Treasurer of tax-defaulted parcels available for purchase. Tax-defaulted parcels can be utilized for a variety of purposes to benefit the City and the general public. Discussion and Analysis The subject parcels are contiguous and located north of Interstate I-15, adjacent to the City Landfill, in the Tuscany Hills area. The subject parcels APNs and purchase prices are as follows: APN Purchase Price 363-020-009 $ 47,266.19 363-090-009 $197,988.50 363-090-010 $197,968.03 TOTAL $443,222.72 In furtherance of the City’s mission to create the ultimate lake destination where all can live, work, and play, build futures and fulfill dreams; the City of Lake Elsinore would utilize these three parcels to implement balanced land use, open space, circulation and economic development opportunities in the City. Purchase of Tax-Defaulted Properties January 14, 2020 Page 2 of 2 In order for the City to enter into an Agreement to Purchase, the County of Riverside Tax Collector/Treasurer requires the following: 1) City Council Resolution that includes an offer to purchase, purchase price, legal description, Assessor Parcel Numbers, and specific public purpose of the parcels. In addition, the resolution should include a statement that the costs of giving notice to interested parties and in the newspaper shall be paid by the City. 2) Separate City Mission Statement on official City letterhead. 3) An Agreement to Purchase Tax-Defaulted Property in such form as provided by the County after receipt of the City Resolution. 4) Notice of the Agreement to Purchase Tax-Defaulted property must be given to the parties of interest and the City shall pay the cost. 5) Notice of the Agreement to Purchase Tax-Defaulted property must be published in the Press Enterprise at the City’s expense. Often, property owners pay the taxes prior to the sale. Accordingly, acquisition of these tax defaulted parcels in not assured. Fiscal Impact Total cost redemption amount of all three parcels is approximately $443,222.72. The redemption amount may be adjusted to cover interest accrual at 1½% per month and may or may not include all special assessments. Total costs will also include noticing costs to interested parties, and notice in a local newspaper (Press Enterprise). Exhibits A. City Council Resolution B. Vicinity Map C. Aerial Photo RESOLUTION NO. 2020-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, OBJECTING TO THE SALE OF TAX-DEFAULTED PROPERTY KNOWN AS ASSESSOR’S PARCEL NUMBERS (APN’S) 363-020-009, 363-090-009 AND 363- 090-010; APPLYING TO THE COUNTY BOARD OF SUPERVISORS, COUNTY TAX COLLECTOR AND TREASURER, AND STATE CONTROLLER TO PURCHASE THE PROPERTY; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Board of Supervisors of the County of Riverside and its Tax Collector intend on selling certain property located within the City of Lake Elsinore that has become tax- defaulted and is identified as APNS 363-020-009, 363-090-009 and 363-090-010 and more specifically described in the Legal Description attached hereto as Exhibit “A” (the “Property”); WHEREAS, pursuant to a letter dated November 12, 2019 the Riverside County Treasurer notified the City of Lake Elsinore of the availability of the Property for a purchase price of $443,222.72; and WHEREAS, in furtherance of the City’s mission to create the ultimate lake destination where all can live, work, and play, build futures and fulfill dreams, the City of Lake Elsinore will utilize the Property for the following public purpose: to implement balanced land use, open space, circulation and economic development opportunities in the City; and WHEREAS, the City of Lake Elsinore will pay for the cost of giving public notice, and WHEREAS, on January 14, 2020, at a duly noticed regular meeting, the City 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 City Council has considered the proposed purchase of the Property in the total amount of $443,222.72, plus related costs, and finds that said purchase is in the interests of the City and would benefit the public generally. The City 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. SECTION 2. The City will use the Property to implement balanced land use, open space, circulation and economic development opportunities in the City in furtherance of the City’s Mission Statement attached as Exhibit “B”. SECTION 3. The City Council agrees that the City of Lake Elsinore 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 4. Based upon all of the evidence presented, the above findings, and consistency with the Lake Elsinore General Plan and Lake Elsinore Municipal Code, the City CITY COUNCIL RESOLUTION NO. 2020-__ PURCHASE OF THREE (3) TAX-DEFAULTED PARCELS APN’S 363-020-009, 363-090-009 and 362-090-010 PAGE 2 OF 5 Council of the City of Lake Elsinore hereby approves the purchase of the three tax-default parcels APN’s 363-020-009, 363-090-009 and 363-090-010 in the total amount of $443,222.72. SECTION 5. That the City Manager is hereby authorized to send a copy of this Resolution to the County Board of Supervisors, to the County Treasurer and County Tax Collector, and to the State Controller registering the objection of the City of Lake Elsinore to the sale of the aforementioned Property, and to apply to the County Board of Supervisors, the County Tax Collector and Treasurer, and the State Controller to purchase the Property at the $443,222.72 purchase price established by the County Treasurer's Office as will be set forth in the Agreement to Purchase Tax Defaulted Property. SECTION 6. The City Manager is hereby authorized and directed to take all necessary and desirable steps for and on behalf of the City of Lake Elsinore to execute the Agreement to Purchase Tax Defaulted Property in such form as provided by the County and approved by the City Attorney. SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 14th day of January, 2020. Brian Tisdale, Mayor City Council of the City of Lake Elsinore ATTEST: _____________________________ Candice Alvarez, MMC, City Clerk CITY COUNCIL RESOLUTION NO. 2020-__ PURCHASE OF THREE (3) TAX-DEFAULTED PARCELS APN’S 363-020-009, 363-090-009 and 362-090-010 PAGE 3 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE }SS I, Candice Alvarez, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2020-__ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 14th day of January, 2020 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ___ Candice Alvarez, MMC, City Clerk EXHIBIT A LEGAL DESCRIPTION OF PROPERTY APN 363-020-009 The easterly 10 acres of the south half of the northwest quarter of fractional section 4, township 6 south, range 4 west, San Bernardino base and meridian, in the City of Lake Elsinore, County of Riverside, State of California according to the official plat thereof. Except all oil, gas, petroleum, asphaltum and other hydrocarbon substances in and under said land as reserved to Ralph W. Harris, et ux, by deed recorded January 8, 1962 in Book 3052, page 326, as Instrument No. 1551 of official records. APN 363-090-009 The west half of the east half of the southwest quarter of section 4, township 6 south, range 4 west, San Bernardino meridian, according to the United States Government Survey. APN 363-090-010 The east half of the east half of the southwest quarter of section 4, township 6 south, range 4 west, San Bernardino meridian, according to the United States Government Survey. CITY COUNCIL RESOLUTION NO. 2020-__ PURCHASE OF THREE (3) TAX-DEFAULTED PARCELS APN’S 363-020-009, 363-090-009 and 362-090-010 PAGE 2 OF 5 Subject Parcels ,+ �}+ -��.. alb• ���H is i .. � '+ � ���_ .�yy� � �`��.►�, . fit' � � � �. � . ' � - - •{ � ` - ., r � '�' i. • LA�A .�i�l j - �- -�� . } o �� .j' RA � - � .i�, -�1��Qai 7r�. '�,�LLA,,V/SiAN• ,,:..- ;�p5 �7� I � ��.�.' 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