HomeMy WebLinkAboutItem No. 16 - Purchase of Tax-Defaulted Real Property Drainage PurposesCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 22-016
Agenda Date: 1/11/2022 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 16)
Purchase of Tax-Defaulted Real Property for Drainage Purposes (APN 378-254-046) for
Approximately $22,508.50
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING THE PURCHASE OF A TAX-DEFAULTED PROPERTY KNOWN AS ASSESSOR’S
PARCEL NUMBER (APN) 378-254-046 FROM THE COUNTY OF RIVERSIDE FOR THE PURCHASE
PRICE OF $22,508.50 PLUS ASSOCIATED ADMINISTRATIVE COSTS TO BE IMPROVED AND
USED FOR DRAINAGE PURPOSES; APPLYING RIVERSIDE COUNTY 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.
Page 1 City of Lake Elsinore Printed on 1/6/2022
Page 1 of 2
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared By: Remon Habib, City Engineer
Date: January 11, 2022
Subject: Purchase of Tax-Defaulted Real Property for Drainage Purposes
(APN 378-254-046) for Approximately $22,508.50
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING THE PURCHASE OF A TAX-DEFAULTED PROPERTY KNOWN
AS ASSESSOR’S PARCEL NUMBER (APN) 378-254-046 FROM THE COUNTY OF
RIVERSIDE FOR THE PURCHASE PRICE OF $22,508.50 PLUS ASSOCIATED
ADMINISTRATIVE COSTS TO BE IMPROVED AND USED FOR DRAINAGE PURPOSES;
APPLYING RIVERSIDE COUNTY 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
APN 378-254-046 is adjacent to Pope Circle Drive. The area surrounding Pope Circle Drive is
subject to repeated flooding during rain events, as it is a localized sump. APN 378-254-046 is a
tax-defaulted property available for purchase from the County of Riverside. In October 2021, the
City Manager submitted the attached Application to Purchase Tax-Defaulted Property from
County.
Discussion
The location of this parcel is subject to flooding and inundation during rain events, making it
undevelopable. However, the location is optimum for the construction of a detention basin and a
storm drain to discharge overflow. When constructed, the basin will provide needed flooding
relief and erosion control to the existing neighborhood.
Fiscal Impact
The purchase price is $22,508.50 plus customary administrative and closing costs. Funding is
allocated under the City’s Drainage Fund.
Page 2 of 2
Exhibits
A – Resolution
B – Application to Purchase Tax-Defaulted Property from County
C.- Riverside County Treasurer - Tax Collector Purchase Letter
D – Vicinity Map
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING THE PURCHASE OF A TAX-DEFAULTED PROPERTY KNOWN AS
ASSESSOR’S PARCEL NUMBER (APN) 378-254-046 FROM THE COUNTY OF RIVERSIDE
FOR THE PURCHASE PRICE OF $22,508.50 PLUS ASSOCIATED ADMINISTRATIVE COSTS
TO BE IMPROVED AND USED FOR DRAINAGE PURPOSES; APPLYING RIVERSIDE
COUNTY 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 City of Lake Elsinore expresses interest in acquiring tax -defaulted property
from the County of Riverside, California under Chapter 8 of the State Revenue and Taxation
Code; and
Whereas, the tax-defaulted property is located within the City of Lake Elsinore located off
Pope Circle, as shown on Exhibit A, attached; and
Whereas, the tax-defaulted property identified as Assessor Parcel Number 378 -254-046
and is more specifically described in Exhibit B, attached; and
Whereas, the intended purpose of acquisition for the tax-defaulted property identified as
Assessor Parcel Number 378-254-046 is for the planned construction of drainage
improvements consisting of an infiltration area to reduce flooding; and
Whereas, the in addition to the total purchase price of $22,508.50 plus associated
administrative costs, the cost for the Notice of the Agreement to Purchase Tax -Defaulted
Property shall be paid by the City of Lake Elsinore.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Incorporation of Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
Section 2. Interest to Acquire. The City of Lake Elsinore hereby offers to purchase the tax-
defaulted property identified as Assessor Parcel Number 378-254-046 in the amount of
$22,508.50 plus associated administrative costs, through a Chapter 8 Agreement of Sale.
Section 3. Notice of Agreement to Purchase Tax Defaulted Property. The City of Lake Elsinore
shall pay the cost of giving notice as required by the County of Riverside and applicable state
law.
Section 4. Intended Use. The intended purpose of acquisition for the tax-defaulted property
identified as Assessor Parcel Number 378-254-046 is for the planned construction of
drainage improvements consisting of an infiltration area to reduce flooding.
Section 4. Authority to Proceed. The City Manager is authorized to proceed with the acquisition
and execute all related documents including an Agreement to Purchase Tax-Defaulted Property
through the County of Riverside Treasurer-Tax Collector.
CC Reso. No. 2022-___
Page 2
Section 5. Effective Date. This Resolution shall take effect immediately upon its adoption.
Section 6. The City Clerk shall certify to the adoption of this Resolution and enter it into the book
of original Resolutions.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 11th day of January 2022.
Timothy J. Sheridan
Mayor
Attest:
___________________________________
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2022-____ was adopted by the City Council of the City of Lake Elsinore, California,
at the regular meeting of January 11, 2022, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk
CC Reso. No. 2022-___
Page 3
City of Lake Elsinore
Resolution No. 2022-
Exhibit A
CC Reso. No. 2022-___
Page 4
City of Lake Elsinore
Resolution No. 2022-
Exhibit B
Legal Description
That certain real property in the city of Lake Elsinore, County of Riverside,
State of California described as Lot 541, “ COUNTRY CLUB HEIGHTS
UNIT A,” As shown by map on file in book 16, page 59, 60 and 61 of maps,
records of Riverside County California.
Assessor’s Parcel Number 378-254-046
Application to Purchase Tax-Defaulted Property from County
This application must be completed by eligible purchasing entity to commence purchase of tax-defaulted property by
Agreement sale from the county under applicable provisions of the California Revenue and Taxation Code. Complete the
following sections and supply supporting documentation accordingly. Completion of this application does not guarantee purchase approval.
A. Purchaser Information
1. Name of Organization:_____________________________________________________________________________
2. Mailing Address: _________________________________________________________________________________
3. Contact Person: __________________________________________________________ Phone: __________________
4. Email:___________________________________________________________________________________________
5. Corporate Structure – check the appropriate box below and provide the corresponding information:
□ Nonprofit Organization– provide Articles of Incorporation (if more than ten years old an update is required)
□ Public Agency– provide Mission Statement on Letterhead and if Redevelopment Agency or Special District,
also provide Jurisdiction Map
5. Agency is to acquire title “As” and the taxing status:______________________________________________________
______________________________________________________________________________________________
(Taxing status example: City of Watsonville, a municipal corporation, as a Taxing Agency or Sacramento County Flood Control District,
as a Revenue District)
B. Purchasing Information
Check the appropriate box as it relates to the purchasing Entity’s Corporate Structure and the intended use of the parcel:
1. Is the parcel currently approved for a Chapter 7 Tax Sale? □ Yes □ No
2. The purchase is by (choose only 1 of the 3): (Attach a separate letter objecting to a Chapter 7 tax sale of the parcel)
□ Purchase by Taxing Agency, Revenue District or Special District (circle only one)
□ Purchase by State or County (circle only one)
□ Purchase by Nonprofit
3. The purpose of the purchase is: (check only one box) If additional space is needed attach separate sheet as an exhibit.
□ To preserve a lien □ For low income housing (sell or rent) circle one
□ For public purpose to ______________________________ □ To preserve open space for ________________
Describe public purpose
C. Property Information
Provide the following information. If there is more than one parcel or you need more space for any of the criteria, consolidate the
information into a separate “Exhibit” document and attach it to this application:
1. County where the Parcel is located: ____________________________________________________________________
2. Assessor’s Parcel Number (if only one, list here more than one list on separate sheet): _________________________
3. State the purpose and intended use for the Parcel: _________________________________________________________
___________________________________________________________________________________________________
D. Acknowledgement
Provide the signature of the purchasing entity’s authorized officer
______________________________________________________ ___________________________________________
Print Name Contact Number
_______________________________________________ __________________________________ _______________
Authorizing Signature Title Date
(SCO 8-16) (2016)
951-674-3124
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
WWW.LAKE-ELSINORE.ORG
October 21, 2021
Office of the Treasurer-Tax Collector – Riverside County, California
4080 Lemon Street
Riverside, CA 92501
Subject: Objection to the Sale of Tax-Defaulted Property Riverside County
APN 378-254-046 in the City of Lake Elsinore
The above-referenced parcel - APN 378-254-046 – located in the City of Lake Elsinore is listed
on the County of Riverside Inventory of Parcels Subject to Power of Sale as of July 1, 2020. The
location of this parcel is subject to flooding and inundation during rain events. The City of Lake
Elsinore has identified this parcel as an optimum location for the construction of a detention basin
and a storm drain to discharge overflow which would provide much-needed flooding relief and
erosion control to the entire neighborhood.
The City of Lake Elsinore has completed an Application to Purchase Tax-Defaulted Property from
County and is submitting this letter concurrent therewith to register the City’s objection to the sale
of the aforementioned parcel and to apply to the County Board of Supervisors, the County Tax
Collector and Treasurer, and the State Controller to purchase the parcel for such drainage
improvements.
Sincerely,
for
Jason Simpson, City Manager
City of Lake Elsinore
951-674-3124
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
WWW.LAKE-ELSINORE.ORG
October 20, 2021
Office of the Treasurer-Tax Collector – Riverside County, California
4080 Lemon Street
Riverside, CA 92501
Subject: Purchase of a Tax-Defaulted Property from the County – APN 378-254-046 in
the City of Lake Elsinore
The City of Lake Elsinore Mission Statement:
“Lake Elsinore will be the ultimate lake destination where all can live, work, and play,
build futures and fulfill dreams.”
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SPECIFIC PLAN
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SPECIFIC PLAN
SPYGLASS RANCH
SPECIFIC PLAN
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SPECIFIC PLAN
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C1 - Neigborhood Commercial
C2 - General Commercial
CO - Commercial Office
BP - Business Professional
M1 - Limited Manufacturing
PI - Public/Institutional
F - Floodway
OS - Open Space
LMD - Low Medium Density Residential
MD - Medium Density Residential
MHD - Medium High Density Residential
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EC - Existing Condo Complex
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TC - Tourist Commercial
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DR - Downtown Recreational
DOWNTOWN ZONINGCITY ZONING
RMR - Rural Mountain ous Residential
RH - H illside Single Family Residential
RR - Rural Residential
RE - Residential Estate
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R2 - Medium Density Residential
R3 - H igh Density Residential
MC - Mobile Home Communit y
RMU - Residential Mixed Use
CMU - Commercial Mixed Use
C1 - Neigborhood Commercial
C2 - General Commercial
CM - Commercial Manufacturing
CO - Commercial Office
CP - Commercial Park
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M1 - Limited Manufacturing
M2 - General Man ufac turing
M3 - Mineral Resources/Related Manufacturing
L - Lakeshore
PI - Public/Institutional
F - Floodway
OS - Open Space
R - Recreation
SP - Specific Plan
SPA - Specific Plan Area
LMD - Low Medium Density Residential
MD - Medium Density Residential
MHD - Medium High Densit y Residential
HD - H igh Density Residential
EC - Existing Condo Complex
EMH - Existing Mobile Home Complex
NC - Neighborhood Commercial
TC - Tourist Commercial
GC - Gateway Commercial
MU - Mixed Use
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City of Lake Elsinore130 South Main Street Lake Elsinore, CA 92530(951) 674-3124 (951) 471-1419 faxwww.lake-elsinore.org
Map authored by the City of Lake Elsinore's GIS in association with the CommunityDevelopment Department. Map data was compiled using information obtained from Riverside County GIS and City of Lake Elsinore GIS, and projected inState Plane NAD 83.
Information presented on this Zoning Map is based on data originally illustratedon the official 1986 Zoning Map and the amendments and ordinances adopted to date. Known or perceived discrepancies between actual and illustrated conditions may exist.No claim is made as to the accuracy or completeness of the data contained herein.
Disclaimer:µ
CITY LAYERS
City Boun dar y
Specific Plan Boundaries
Historic Downtown Distric t Boundar y
Interstate 15
Highway 74
"ñ City Hall
5 Schools
ÆI Parks
REV ISION ORDINA NCE CC A DOPTION DA TEZC 2012-01 Third Street Annexation No. 81 Pre-Annexation Ordinance 2012-1301 4/24/2012ZC 2012-03 Consistency Zoning Project, Phase I, Mixed Use, HDR Ordinance 2012-1308 10/24/2012ZC 2013-01 Consistency Zoning Project, Phase II, Business Distr Ordinance 2013-1313 5/14/2013SPA 2013-02 East Lak e SPA 10, Planning Area 46 Ordinance 2013-1316 8/13/2013ZC 2013-03 Downtown Master Plan, 7-11 Convenience Store Ordinance 2013-1315 7/23/2013ZC 2013-04 Consistency Zoning Project, Phase III: Eas t Lake, Ordinance 2013-1320 12/10/2013ZC 2014-04 Consistency Zoning Project, Phase IV : Riverview & CountryOrdinance 2014-1329 9/23/2014
MATTHEW JENNINGS
County of Riverside Treasurer - Tax Collector
Giovane Pizano Melissa Johnson
Assistant Treasurer Assistant Tax Collector
Ll
December 22, 2021
City of Lake Elsinore
Attn: Jason Simpson
130 South Main Street
Lake Elsinore, CA 92530
Re: Tax Defaulted Properties
Dear Mr. Simpson,
We are in receipt of your inquiry regarding acquiring tax -defaulted property.
The below referenced tax -defaulted parcel(s) may be acquired by City of Lake Elsinore, a Municipal Corporation as a Taxing
Agency under a Chapter 8 Agreement to Purchase Tax -Defaulted Property for the minimum purchase price as follows:
Assessment No. Purchase Price
378254046 $22 508.50
Total $22,508.50
The purchase price(s) is determined in keeping with Section 3793.1 of the California Revenue and Taxation Code and the
Riverside County Office of the Treasurer -Tax Collector policy number 98-1. You may also purchase the above listed parcel(s)
through the Chapter 7 Auction.
Property taxes may be applied to parcels that are outside of City of Lake Elsinore, a Municipal Corporation as a Taxing
Agency purchasing boundaries. Please verify with your legal counsel that the parcel(s) is within your purchasing
boundaries.
In order for City of Lake Elsinore, a Municipal Corporation as a Taxing Agency to enter into an Agreement to Purchase the
above listed parcel(s), we would need a Resolution from your Board of Directors. The Resolution should show an offerto purchase
the parcel(s), including the purchase price(s), legal description(s), Assessor's 9-digit parcel number(s), and the specific public
purpose for which each parcel(s) is to be devoted. It should also include a statement that the costs of giving notice shall be paid by
City of Lake Elsinore, a Municipal Corporation as a Taxing Agency. In addition to the Resolution, the State now requires a
separate Mission Statement to be submitted as part of the Agreement. This must be on official letterhead.
Notice of the Agreement to Purchase Tax -Defaulted Property must be given. Pursuant to Section 3799 of the California Revenue
and Taxation Code, the Tax Coilector shall make reasonable efforts to ascertain the identity and address of parties of interest.
Notifications of the pending sale to the parties of interest must be sent by registered mail and/or certified mail Also, in compliance
with the California Revenue and Taxation Code 3800, the cost of giving notice shall be paid by City of Lake Elsinore, a Municipal
Corporation as a Taxing Agency.
Notice of the Agreement to Purchase Tax -Defaulted Property will also be published in The Press Enterprise newspaper in
accordance with Section 3798 of the California Revenue and Taxation Code. Should the Agreement to Purchase be nullified after
the first publication, the City of Lake Elsinore, a Municipal Corporation as a Taxing Agency would still be responsible for the
publication costs incurred.
We would appreciate receiving the Resolution to purchase the above listed parcel(s) from your Board of Directors by January 14,
2022 to ensure that we have time to review the Resolution for any changes required and to pull the property from the tax sale, if
needed. It would be advisable to contact our office and confirm that the Resolution has been received. Properties scheduled to
be sold at public auction will not be removed from the public auction tax sale unless your Resolution has been received in
our office no later than January 14, 2022.
Once the Resolution has been received by our office, an Agreement to Purchase Tax -Defaulted Property will be prepared and sent
to you for signing. Once you have signed and returned the Agreement to us, we will obtain authorization from our Board of
Supervisors and from the State Controller. Upon authorization by the State Controller's Office, we will proceed by setting the
effective date of the Agreement, ordering title reports, preparing the certified mailing to all parties of interest and the 3 week
published notification in the newspaper. Once these steps have been completed and if the property has not been redeemed or
removed for legal reasons, correspondence will be sent to you requesting that payment be sent within 14 days of the effective date
of the Agreement. Should payment not be received within the time allowed the Agreement would be voided
4080 Lemon Street, 41" Floor * P.O. Box 12005 * Riverside, CA 92502
WWW.CountyTreasurer.org * (951) 955-3900 * 1(877) 748-2689 * FAX (951) 955-3923
City of Lake Elsinore
Page Two
December 22, 2021
If your Board of Directors decides against offering to purchase the above listed parcel(s), we would appreciate a letter stating that
fact in order to close our file on the matter. Should you elect not to purchase by Chapter 8 Agreement, the law does not restrict you
from bidding on the property at public auction.
If you have any further questions regarding this matter, please feel free to contact me.
Sincerely,
Ariana Velazquez
Tax Sale Operations
951-955-7475
COUNTY OF RIVERSIDE, TREASURER -TAX COLLECTOR
4080 LEMON STREET, 4TH FLOOR * P.O. BOX 12005 * RIVERSIDE, CALIFORNIA 92502
WWW.COUNTYTREASURER.ORG * (951) 955-3900 * 1 (877) 748-2689 *FAX (951) 955-3923
P a g e | 4
Subject Property and Project Description
Aerial View of Subject Property