ITEM 4. 15
CITY MANAGER' S REPORT
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE QUITCLAIM DEED TO TRANSFER OPEN
SPACE PARCEL ( APN 210- 590- 04) TO ISLAND
RECLAMATION DISTRICT NO. 2062
RECOMMENDATION: Adopt Resolution Approving a Quitclaim Deed to Transfer an Open Space ( APN 210- 590- 04) to Island
Reclamation District No. 2062
SUMMARY:
River Islands Stage 2A, LLC ( River Islands) inadvertently dedicated a parcel of open space to the City of Lathrop ( City) with the approval of the final map for Tract 4021 Village " S" on May 11, 2020. Typically, a park is dedicated to the City as part of the Quimby Act, which requires developers to provide land or funding for park development. However, this particular parcel is not a Quimby Act park and therefore, should not have been dedicated to the City. Instead, it should have been dedicated to Island Reclamation District No. 2062 ( RD 2062). Letters from RD 2062 and River Islands, requesting the transfer of the parcel, are included as Attachment " B".
Staff recommends that the Council approve the proposed Quitclaim Deed to RD 2062, included as Attachment " C". A Vicinity Map is also included as Attachment " D".
BACKGROUND:
On May 11, 2020, the Council approved the final map for Tract 4021 Village " S", which created 44 residential lots. The final map also dedicated a 0. 412- acre parcel to the City for the purposes of public utilities, storm drain facilities, fence maintenance, and appurtenances ( Parcel). Typically, a park is dedicated to the City as part of the Quimby Act, which requires developers to provide land or fund for park development, however, the Parcel is not a Quimby Act park. Therefore, it should not have been dedicated to the City; instead, it should have been dedicated to RD 2062.
All non - Quimby Act open spaces in the River Islands Development are owned and maintained by RD 2062, River Islands Public Financing Authority ( RIPFA), HOA, or an entity other than the City.
The transfer of the Parcel to RD 2062 does not conflict with any existing conditions or development agreements and River Islands has satisfied the open space and park acreage requirements for Vesting Tentative Map 3694. Staff recommends Council approve the proposed Quitclaim Deed to RD 2062 and authorize the transfer of the open space to RD 2062 pursuant to their request.
REASON FOR RECOMMENDATION:
RD 2062 and River Islands asks that the City transfer the open space parcel to RD 2062, as originally intended with the final map approval for Tract 4021. Staff recognizes that the Parcel should not have been dedicated to the City and therefore, supports RD 2062' s and River Islands' requests to transfer the Parcel to RD 2062.
CITY MANAGER' S REPORT PAGE 2
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING
APPROVE QUITCLAIM DEED TO TRANSFER OPEN SPACE PARCEL TO RD 2062 FISCAL IMPACT:
There is no cost to the City to execute the deed. All costs for City staff time have been paid by River Islands.
ATTACHMENTS:
A. Resolution Approving a Quitclaim Deed to Transfer an Open Space Parcel ( APN 210- 590- 04) to Island Reclamation District No. 2062
B. Letters from Island Reclamation District No. 2062 and River Islands Stage 2A, LLC requesting City to transfer open space parcel to RD 2062 C. Proposed Quitclaim Deed from City to RD 2062
D. Vicinity Map of Open Space - Village " S"
CITY MANAGER' S REPORT PAGE 3
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
APPROVE QUITCLAIM DEED TO TRANSFER OPEN SPACE PARCEL TO RD 2062 APPROVALS:
I
Bellal Nabizadah
Assistant Engineer
Todd Bastian
Parks and Recreation Director
0 Brad aylor
City engineer
Ca
Finance ector
Michael King
Assistant City Manage
Salvador Nava
City Attorney
Steffen J. Salvatore
City Manager
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RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A QUITCLAIM DEED TO TRANSFER AN OPEN SPACE PARCEL APN 210- 590- 04) TO ISLAND RECLAMATION DISTRICT NO. 2062 WHEREAS, On May 11, 2020, the Council approved the final map for Tract 4021 Village " S", which created 44 residential lots. The final map also dedicated a
0. 412- acre parcel to the City for the purposes of public utilities, storm drain facilities, fence maintenance, and appurtenances ( Parcel); and
WHEREAS, typically, a park is dedicated to the City as part of the Quimby Act, which requires developers to provide land or fund for park development, however, the Parcel is not a Quimby Act park; and
WHEREAS, it should not have been dedicated to the City; instead, it should have been dedicated to Island Reclamation District No. 2062 ( RD 2062. All non - Quimby Act open spaces in the River Islands Development are owned and maintained by RD 2062, River Islands Public Financing Authority ( RIPFA), HOA, or an entity other than the City; and
WHEREAS, the transfer of the Parcel to RD 2062 does not conflict with any existing conditions or development agreements and River Islands has satisfied the open space and park acreage requirements for Vesting Tentative Map 3694; and WHEREAS, the request letters from RD 2062 and River Islands Stage 2A, LLC River Islands), requesting the transfer of the parcel, is included as Attachment " B" and the proposed Quitclaim Deed to RD 2062, included as Attachment " C" to the City Manager' s Report that accompanied this resolution; and WHEREAS, there is no cost to the City to execute the deed. All costs for City staff time have been paid by River Islands; and
WHEREAS, staff recognizes that the Parcel should not have been dedicated to the City and therefore, supports RD 2062' s and River Islands' requests to transfer the Parcel to RD 2062; and
WHEREAS, staff recommends that the Council approve the Quitclaim Deed to RD 2062 and authorize the transfer of the open space parcel to RD 2062 as requested.
NOW, BE IT RESOLVED, by the City Council of the City of Lathrop that the City Manager or their designee is authorized to execute the Quitclaim Deed to RD 2062 and transfer the Parcel to RD 2062 as requested.
BE IT FURTHER RESOLVED, City council of the City of Lathrop finds that the Parcel was dedicated to the City of Lathrop erroneously and should have been dedicated to RD 2062.
BE IT FURTHER RESOLVED, to correct the error, City Council hereby transfers the Parcel to RD 2062 by Quitclaim Deed.
The foregoing resolution was passed and adopted this 12th day of June 2023, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Teresa Vargas
City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:
Salvador Navarrete
City Attorney
ATTACHMEN 1
Z.
ISLAND RECLAMATION DISTRICT No. 2062
STEWART TRACT— SAN JOAQUIN COUNTY
73 W. Stewart Road
LATHROP, CALIFORNIA 95330
TEL: ( 209) 879- 7900
May 25, 2023
Brad Taylor, City Engineer
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Email: [email protected]. tathrop.lathrop. ca.ca. usus
Subject: Ownership and Development of Horizon Park — Village S ( Lakeside East District)
Dear Brad:
With the approval and recommendation of Tract 4021, the first final map within Village S in the Lakeside East District, Parcel A (reserved for open space/ park purposes) was inadvertently dedicated to the City of Lathrop. As you are aware, this open space parcel is not a park developed for Quimby Act purposes ( to meet River Islands acreage totals under Quimby, or otherwise be owned by the City of Lathrop). The intent was to have Parcel A be reserved for ownership to Reclamation District No. 2062 ( RD 2062) and maintained by River Islands Public Financing Authority ( RIPFA). Under condition 16 of Vesting Tentative Map 3694, all public parks that are adjacent to or include an internal or external water body, including river front lake front and canal parks, as well as other open space and landscaping not otherwise maintained by the City are to be owned and maintained by RD 2062, RIPFA, an HOA or an entity other than the City of Lathrop. Parks meant to be owned ( dedicated) to the City are shown on the Master Parks and Open Space Plan for Phase 1; Horizon Park in Village S is not identified as such a park.
The park -like improvements that currently exist on Parcel A of Tract 4021 were constructed by Lennar Homes under its agreement with the River Islands developer. Horizon Park is meant to serve only the residents in Village S as a result.
With this letter, we are formally requesting that the City transfer title to RD 2062 at the City' s earliest possible convenience. Lennar would like to make Horizon Park available to its residents as soon as possible.
If you have any questions regarding this letter, please feel free to contact me at ( 209) 879- 7900 or at sdellosso@riverislands. com.
S' cerely,
4A Susan
Dell' Osso, President Island
Reclamation District No. 2062
Letter to Taylor
RE: Horizon Park Transfer
May 25, 2023
cc: Stephen J. Salvatore, City Manager
Salvador Navarrete, City Attorney
Rick Caguiat, City of Lathrop Community Development Director Todd Sebastian, City of Lathrop Parks and Recreation Director Kelley Stough, Lennar Homes
Sergio Perez, Lennar Homes
June 1, 2023
Brad Taylor, City Engineer
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Email: btaylor@ci. lathrop. ca. us
Subject: Ownership and Development of Horizon Park — Village S ( Lakeside East District) Dear Brad:
With the approval and recommendation of Tract 4021, the first final map within Village S in the Lakeside East District, Parcel A (reserved for open space/ park purposes) was inadvertently dedicated to the City of Lathrop. As you are aware, this open space parcel is not a park developed for Quimby Act purposes ( to meet River Islands acreage totals under Quimby, or otherwise be owned by the City of Lathrop). The intent was to have Parcel A be reserved for ownership to Reclamation District No. 2062 ( RD 2062) and maintained by River Islands Public Financing Authority (RIPFA). Under condition 16 of Vesting Tentative Map 3694, all public parks that are adjacent to or include an internal or external water body, including river front lake front and canal parks, as well as other open space and landscaping not otherwise maintained by the City are to be owned and maintained by RD 2062, RIPFA, an HOA or an entity other than the City of Lathrop.
Parks meant to be owned ( dedicated) to the City are shown on the Master Parks and Open Space Plan for Phase 1; Horizon Park in Village S is not identified as such a park.
The park -like improvements that currently exist on Parcel A of Tract 4021 were constructed by Lennar Homes under its agreement with the River Islands developer. Horizon Park is meant to serve only the residents in Village S as a result.
With this letter, we are formally requesting that the City transfer title to RD 2062 at the City' s earliest possible convenience. Lennar would like to make Horizon Park available to its residents as soon as possible.
If you have any questions regarding this letter, please feel free to contact me at ( 209) 879- 7900 or at sdellosso@riverislands. com.
incerely,
usa ellr'Oss:o
President, River Islands Stage 2A, LLC
cc: Stephen J. Salvatore, City Manager
Salvador Navarrete, City Attorney
Rick Caguiat, City of Lathrop Community Development Director Todd Sebastian, City of Lathrop Parks and Recreation Director Kelley Stough, Lennar Homes
Sergio Perez, Lennar Homes
ATTACHMENT
N C N
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Clerk
The undersigned grantor( s) declare( s):
This conveyance is exempt from the payment
of a documentary transfer tax pursuant to
Revenue and Taxation Code section 11922.
Space Above for Recorder' s Use)
This document is being recorded for the benefit
of the City of Lathrop, California and is
exempt from the payment of a recordation fee
pursuant to Govt. Code section 6103.
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF LATHROP, a California municipal corporation (" Grantor"), hereby grants to the ISLAND RECLAMATION DISTRICT NO. 2062, a California reclamation district Grantee"), that certain real property located in the City of Lathrop, County of San Joaquin, State of California, along with all improvements thereon, as described in the legal description attached hereto as Attachment A (" Land") incorporated herein by this reference.
Grantor intends to convey with the Land any and all riparian rights or other water interests to which the Land is entitled therein appurtenant or relating to the Land, whether such water rights shall be riparian, overlying, littoral, percolating, prescriptive, adjudicated, statutory or contractual (" Water Rights").
While Grantor intends to transfer the Water Rights with the Land, it does not intend by this grant to sever the riparian rights of the surrounding properties. With this conveyance Grantor intends to retain to any and all property surrounding the Land all riparian rights to which those lands are entitled.
SUBJECT TO:
1. General and special real property taxes and assessments and supplemental assessments, if any, for the current fiscal year.
2. Rights or claims of parties in possession not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of June , 2023.
GRANTOR:
CITY OF LATHROP,
a California municipal corporation
Stephen J. Salvatore, City Manager
ATTACH NOTARY ACKNOWLEDGMENT]
EXHIBIT A
Legal Description of Land
All that real property situated in the City of Lathrop, County of San Joaquin, State of California, described as follows and depicted in Exhibit " A" to this description of land:
Fee title to certain real property, known as Parcel A of Tract 4021, APN 210- 590- 04, and as further described in the final map recorded on September 15, 2020, in Book 43 of Maps and Plats, at Page 134 of the Official Records of San Joaquin County.
This is to certify that the interest in real property offered herein to the City of Lathrop is hereby acknowledged by the undersigned, City Clerk, on behalf of the City of Lathrop City Council to authority conferred by the Lathrop Municipal Code and the grantee( s) consent( s) to the recordation thereof by its duly authorized officer
TERESA VARGAS, CITY CLERK
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