ITEM 4.24
SET EMANA 5, 2524 CORY COUNCIL REGULAR MEETING
ITEM: APPROVE QUITCLAIM DEEDS TO TRANSFER OPEN
SPACE PARCELS TO RIVER ISLANDS PUBLIC
FINANCING AUTHORITY
RECOMMENDATION: Adopt Resolution Approving Quitclaim Deeds to Transfer Open Space Parcels to River Islands Public
Financing Authority
SUMMARY:
River Islands Development Area 1, LLC (River Islands) inadvertently dedicated parcels of open space to the City of Lathrop (City) with the approval of the final map for Tract 4155 West Village Unit 1 on September 11, 2023. 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, these particular open space parcels are an exception to the Quimby Act because River Islands has already satisfied the Quimby Act requirements for Vesting Tentative Map (VTM) 6716 and therefore, the open space parcels should not have been dedicated to the City. Instead, it should have been dedicated to the River Islands Public Financing Authority (RIPFA) as most of the open space parcels along the lakes in River Islands are owned by RIPFA. Letters from RIPFA and River Islands, requesting the transfer of the parcels, are included as Attachment "B" •
Staff recommends that Council approve the proposed Quitclaim Deeds to RIPFA, included as Attachment "C". A Vicinity Map is also included as Attachment "D" BACKGROUND:
On September 11, 2023, City Council approved the final map for Tract 4155 Unit 1 within the West Village District of River Islands, which created 105 residential lots.
The final map also dedicated certain parcels to the City for the purposes of open space, landscaping, public utilities, fence maintenance, and appurtenances (Parcels).
Typically, an open space parcel is dedicated to the City as part of the Quimby Act, which requires developers to provide land or funds for park development, however, these Parcels are an exception to the Quimby Act because River Islands satisfied the Quimby Act requirements for Vesting Tentative Map (VTM) 6716 and therefore, the Parcels should not have been dedicated to the City. All non-Quimby Act open spaces in the River Islands Development are owned and maintained by Island Reclamation District (RD) 2062, RIPFA, or an HOA.
The Parcels should have been dedicated to RIPFA as most of the open space parcels along the lakes in River Islands are owned by RIPFA. Staff recommends Council approve the proposed Quitclaim Deeds to RIPFA and authorize the transfer of the open spaces to RIPFA pursuant to their request.
CITY MANAGER'S REPORT PAGE 2
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
APPROVE QUITCLAIM DEEDS TO TRANSFER OPEN SPACE PARCELS TO RIPFA REASON FOR RECOMMENDATION:
River Islands and RIPFA submitted letters to the City requesting that the City transfer the Parcels to RIPFA, as originally intended. Staff recognizes that the Parcels should not have been dedicated to the City pursuant to VTM 6716 and therefore, supports RIPFA's and River Islands' requests to transfer the Parcels to RIPFA.
FISCAL IMPACT:
There is no cost to the City to execute the deeds. All costs for City staff time have been paid by River Islands.
ATTACHMENTS:
A. Resolution Approving Quitclaim Deeds to Transfer Open Space Parcels to River Islands Public Financing Authority
B. Letters from River Islands Public Financing Authority and River Islands Development Area 1, LLC requesting City to transfer open space parcels to River Islands Public Financing Authority
C. Proposed Quitclaim Deeds from City to River Islands Public Financing Authority D. Vicinity Map of Open Space - Tract 4155
CITY MANAGER'S REPORT PAGE 3
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
APPROVE QUITCLAIM DEEDS TO TRANSFER OPEN SPACE PARCELS TO RIPFA APPROVALS:
9/3/24
Bellal Nabizadah Date
Assistant Engineer
9/4/29
Todd Sebastian Date
Parks and Recreation Director
9/3/2024
Brad Daylor Date
City Engineer
9/3/2024
Cari James Date
Finance Director
FOR 9/3/2024
Michael Kinc Date
Assistant City Manager
9.3-2021
Salvador Navarrete Date
City Attorney
9.4.24 Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING
QUITCLAIM DEEDS TO TRANSFER OPEN SPACE PARCELS TO RIVER ISLANDS
PUBLIC FINANCING AUTHORITY
WHEREAS, on September 11, 2023, Council approved the final map for Tract 4155 Unit 1 within the West Village District of River Islands, which created 105 residential lots. The final map also dedicated certain parcels to the City for the purposes of open space, landscaping, public utilities, fence maintenance, and appurtenances (Parcels); and
WHEREAS, typically, an open space parcel is dedicated to the City as part of the Quimby Act, which requires developers to provide land or funds for park development, however, the Parcels are an exception to the Quimby Act because River Islands satisfied the Quimby Act requirements for Vesting Tentative Map (VTM) 6716 and therefore, the Parcels should not have been dedicated to the City; and WHEREAS, all non-Quimby Act open spaces in the River Islands Development are owned and maintained by Island Reclamation District 2062, RIPFA, or an HOA WHEREAS, the Parcels should have been dedicated to River Islands Public Financing Authority (RIPFA) as most of the open space parcels along the lakes in River Islands are owned by RIPFA.; and
WHEREAS, the request letters from River Islands Development Area 1, LLC (River Islands) and RIPFA, requesting the transfer of the parcels to RIPFA, are included as Attachment "B" and the proposed Quitclaim Deeds to RIPFA are 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 deeds. All costs for City staff time have been paid by River Islands; and
WHEREAS, staff recognizes that the Parcels should not have been dedicated to the City and therefore, supports RIPFA's and River Islands' requests to transfer the Parcels to RIPFA; and
WHEREAS, staff recommends that the Council approve the Quitclaim Deeds to RIPFA and authorize the transfer of the open space parcels to RIPFA 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 Deeds to RIPFA and transfer the Parcels to RIPFA as requested; and
BE IT FURTHER RESOLVED, City Council of the City of Lathrop finds that the Parcels were dedicated to the City of Lathrop erroneously and should have been dedicated to RIPFA; and
BE IT FURTHER RESOLVED, to correct the error, City Council hereby transfers the Parcels to RIPFA by Quitclaim Deeds.
PASSED AND ADOPTED by the City Council of the City of Lathrop this gth day of September 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas Salvador Navarrete
City Clerk City Attorney
ATTACHMENT
"B"
RIVER ISLANDS PUBLIC FINANCING AUTHORITY
73 W. Stewart Road
LATHROP, CALIFORNIA 95330
TEL: (209) 879-7900
August 27, 2024
Brad Taylor, City Engineer
390 Townt Centre Drive
Lathrop, CA 95330
Email: [email protected]
Subject: Transfer of Pocket Parks from Tract 4155 Near Lake 23 and Callerton Avenue Dear Brad:
As discussed with you and your staff, the Authority should have reserved the pocket parks adjacent to Lake 23 and Callerton Avenue with the approval of the Tract 4155 final map. The parcels were erroneously dedicated to the City and consistent with the conditions of approval with Phase 2 River Islands approvals, these properties should be owned/controlled by either the Authority or Reclamation District No. 2062 ("RD 2062"). The Authority may transfer these parcels to RD 2062 in the future, but the initial transfer from the City should be to the Authority.
We have provided quitclaim deeds and legal descriptions to the City for the transfer and I have signed a Certificate of Acceptance for each quitclaim deed. Once approved by the City Council, these deeds may be recorded by the City.
If you have any questions regarding this letter, please feel free to contact Ramon Batista at (209) 879-7900.
Sincerely,
Jeffery K. Shields, Executive Direct
River Islands Public Financing Authority
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 Bellal Nabizadah, Assistant Engineer
Jordan Bulger, Contract Specialist
Debbie Belmar, Legal Department Manager
EXHIBIT "A"
TRACT 4155 UNIT 1
POCKET PARK TRANSFER
AUGUST 2024
• PARCEL E
HAVERHILL WAY,
PARCEL A
PARCEL F
PARCEL 1
FITZGERALD CIRCLE
PARCEL 2
SCALE: 1" - 100°
PARCEL 3
REMAINDER DESIGNATED
MODOON NENE
PARCEL 16 105106/ 15
TRACT 4149 (R1) /103102 16
=
18 - PARCEL N
99 PARCEL
PARCEL L PARCEL G
(LAKE 23)
-PARCEL K (PARCEL J • PARCEL H
PARCEL 1 93
PARCEL 28
TRACT 4149 (R1)
BRADBURY AVENUE PARCEL B
PARCEL D.
8 10/09/0 1/02
AMBASSADOR ROAD
PARCEL 29
TRACT 4149 (R1) GLEN ARBOR WAY
LEGEND
BARDWELL STREET =
TRACT 4155 BOUNDARY
LOT UNE
EXISNNG ROADWAY EASEMENT =
HO SE RANSE EAR) CANYON VISTA STREET
S0 0 /52 51/ SO PARCEL C
RIVER
ISLANDS
August 28, 2024
Mr. Brad Taylor, City Engineer
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Subject: Transfer of Pocket Parks from Tract 4155 Near Lake 23 and Callerton Avenue Dear Brad:
As discussed previously with you and your staff, the approval and subsequent recording of the Tract 4155 final map in the West Village District should have reserved certain pocket parks adjacent and/or near Lake 23 to the River Islands Public Financing Authority ("RIPFA"); see attached exhibit. Instead, they were dedicated to the City erroneously, which is not consistent with the conditions of approval for the Phase 2 River Islands approvals. As indicated by the Executive Director of RIPFA, Jeff Shields, in his August 27, 2024 correspondence to you, the pocket park parcels should be owned/controlled by either the Authority or Reclamation District No. 2062 ("RD 2062"). RIPFA may transfer these parcels to RD 2062 in the future, but the initial transfer from the City should be to RIPFA.
Also indicated by Mr. Shields correspondence, quitclaim deeds and legal descriptions, as well as Certificates of Acceptance for each quitclaim deed have already been provided to you. Once approved by the City Council, these deeds may be recorded by the City with our acknowledgement and agreement.
If you have any questions regarding this letter, please feel free to contact me at (209) 879-7900.
Sincerely,
SuaDeh
Susan Dell'Osso, President
River Islands Development Area 1, LLC
Cc: Jeff Shields, Executive Director, RIPFA
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 Bellal Nabizadah, Assistant Engineer
Jordan Bulger, Contract Specialist
Debbie Belmar, Legal Department Manager
EXHIBIT "A"
TRACT 4155 UNIT 1
POCKET PARK TRANSFER
AUGUST 2024
• PARCEL E
HAVERHILL WAY
PARCEL A
•PARCEL F
PARCEL 1
FITZGERALD CIRCLE
PARCEL 2
SCALE: 1° = 400'
PARCEL 3*
REMAINDER DESIGNATED
PARCEL 16 105/104 15
ADDISON AVENUE TRACT 4149(1) 103 10г
=
- PARCEL N
PARCEL M
PARCEL L PARCEL G
(LAKE 23)
•PARCEL K • PARCEL H
PARCEL I 94.
PARCEL |
PARCEL 28
TRACT 4149 (R1)
BRADBURY AVENUE - PARCEL B
PARCEL D
88 89 90 01 92
AMBASSADOR ROAD
/66
BRIARSTONE LANE PARCEL 29
TRACT 4149 (R1) STREET
LEGEND GLEN ARBOR
TRACT 4155 BOUNDARY BARDWELL
8 LOT UNE
EXISTING ROADWAY EASEMENT
CANYON VISTA STREET
31/052 51 80 PARCEL
ATTACHMENT
"C"
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees (GC 27383)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 213-700-09
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, the receipt and legal sufficiency of which is hereby acknowledged, THE CITY OF LATHROP, a municipal corporation ("Grantor"), does hereby remise, release and forever quitclaim to RIVER ISLANDS PUBLIC FINANCING AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the State of California ("Grantee"), its successors and assigns, any and all right, title and interest in and to the real property in the City of Lathrop, County of San Joaquin, State of California, described on Exhibit A attached hereto and incorporated herein by this reference.
IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of August _, 2024.
GRANTOR:
CITY OF LATHROP, a California municipal
corporation
By:
Stephen J. Salvatore, City Manager
[ATTACH NOTARY ACKNOWLEDGMENT]
EXHIBIT A
Legal Description of Land
The land referred to is situated in City of Lathrop, County of San Joaquin, State of California, described as follows:
Parcel K as shown on the map entitled "Tract 4155, River Islands - Phase 2, West Village Unit 1," filed for record on March 29, 2024, in Book 44 of Maps and Plats, at Page 87, San Joaquin County Records.
APN: 213-700-09
PARCEL K OF
TRACT 4155
EXHIBIT A
RIVER ISLANDS TRACT 4155 (DEL WEBB)
1 O'DELL PARCEL K QUITCLAIM
OF
SCALE: NONE DATE: 2024-8-12
ENGINEERING 1
JOB NO.: 25501
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees (GC 27383)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 213-700-11
QUITCLAIM DEED
• FOR VALUABLE CONSIDERATION, the receipt and legal sufficiency of which is hereby acknowledged, THE CITY OF LATHROP, a municipal corporation ("Grantor"), does , release and forever quitclaim to RIVER ISLANDS PUBLIC FINANCING AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the State of California ("Grantee"), its successors and assigns, any and all right, title and interest in and to the real property in the City of Lathrop, County of San Joaquin, State of California IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of August_ _ 2024.
GRANTOR:
CITY OF LATHROP, a California municipal
corporation
By:
Stephen J. Salvatore, City Manager
[ATTACH NOTARY ACKNOWLEDGMENT]
EXHIBIT A
Legal Description of Land
The land referred to is situated in City of Lathrop, County of San Joaquin, State of California, described as follows:
Parcel M as shown on the map entitled "Tract 4155, River Islands - Phase 2, West Village Unit 1," filed for record on March 29, 2024, in Book 44 of Maps and Plats, at Page 87, San Joaquin County Records.
APN: 213-700-11
PARCEL M OF
TRACT 4155
EXHIBIT A
RIVER ISLANDS TRACT 4155 (DEL WEBB)
1 O'DELL PARCEL M QUITCLAIM
OF
SCALE: NONE DATE: 2024-8-12
ENGINEERING 1
JOB NO.: 25501
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees (GC 27383)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 213-730-70
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, the receipt and legal sufficiency of which is hereby acknowledged, THE CITY OF LATHROP, a municipal corporation ("Grantor"), does hereby remise, release and forever quitclaim to RIVER ISLANDS PUBLIC FINANCING AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the State of California ("Grantee"), its successors and assigns, any and all right, title and interest in and to the real property in the City of Lathrop, County of San Joaquin, State of California, described on Exhibit A attached hereto and incorporated herein by this reference.
IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of August _ 2024.
GRANTOR:
CITY OF LATHROP, a California municipal
corporation
By:
Stephen J. Salvatore, City Manager
[ATTACH NOTARY ACKNOWLEDGMENT]
EXHIBIT A
Legal Description of Land
The land referred to is situated in City of Lathrop, County of San Joaquin, State of California, described as follows:
Parcel B as shown on the map entitled "Tract 4155, River Islands - Phase 2, West Village Unit 1," filed for record on March 29, 2024, in Book 44 of Maps and Plats, at Page 87, San Joaquin County Records.
APN: 213-730-70
PARCEL B OF
TRACT 4155
EXHIBIT A
RIVER ISLANDS TRACT 4155 (DEL WEBB)
1 O'DELL PARCEL B QUITCLAIM
OF
SCALE: NONE DATE: 2024-8-12
ENGINEERING 1
JOB NO.: 25501
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
Exemp on che 95 recording kes (C 27383)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 213-700-02
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, the receipt and legal sufficiency of which is hereby acknowledged, THE CITY OF LATHROP, a municipal corporation ("Grantor"), does hereby remise, release and forever quitclaim to RIVER ISLANDS PUBLIC FINANCING AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the tate ot California ("Grantee"), its successors and assigns, any and all right, title and interest in und to the real property in the City of Lathrop, County of San Joaquin, State of Californi described on Exhibit A attached hereto and incorporated herein by this reference.
IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of August _, 2024.
GRANTOR:
CITY OF LATHROP, a California municipal
corporation
By:
Stephen J. Salvatore, City Manager
[ATTACH NOTARY ACKNOWLEDGMENT]
EXHIBIT A
Legal Description of Land
The land referred to is situated in City of Lathrop, County of San Joaquin, State of California, described as follows:
Parcel D as shown on the map entitled "Tract 4155, River Islands - Phase 2, West Village Unit 1," filed for record on March 29, 2024, in Book 44 of Maps and Plats, at Page 87, San Joaquin County Records.
APN: 213-700-02
PARCEL D OF
TRACT 4155
EXHIBIT A
RIVER ISLANDS TRACT 4155 (DEL WEBB)
1 O'DELL PARCEL D QUITCLAIM
OF
SCALE: NONE DATE: 2024-8-12
ENGINEERING 1
JOB NO.: 25501
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees (GC 27383)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 213-700-07
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, the receipt and legal sufficiency of which is hereby acknowledged, THE CITY OF LATHROP, a municipal corporation ("Grantor"), does hereby remise, release and forever quitclaim to RIVER ISLANDS PUBLIC FINANCING AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the 'tate of California ("Grantee"), its successors and assigns, any and all right, title and interest ir ind to the real property in the City of Lathrop, County of San Joaquin, State of California described on Exhibit A attached hereto and incorporated herein by this reference.
IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of August _ _ 2024.
GRANTOR:
CITY OF LATHROP, a California municipal
corporation
By:
Stephen J. Salvatore, City Manager
[ATTACH NOTARY ACKNOWLEDGMENT]
EXHIBIT A
Legal Description of Land
The land referred to is situated in City of Lathrop, County of San Joaquin, State of California, described as follows:
Parcel I as shown on the map entitled "Tract 4155, River Islands - Phase 2, West Village Unit 1," filed for record on March 29, 2024, in Book 44 of Maps and Plats, at Page 87, San Joaquin County Records.
APN: 213-700-07
PARCEL I OF
TRACT 4155
EXHIBIT A
RIVER ISLANDS TRACT 4155 (DEL WEBB) 1
O'DELL PARCEL I QUITCLAIM
OF
SCALE: NONE DATE: 2024-8-12
ENGINEERING 1
JOB NO.: 25501
ATTACHMENT "D"
TRACT 4155 UNIT 1
POCKET PARK TRANSFER
AUGUST 2024
HAVERHILL WAY PARCEL E
PARCEL A
• PARCEL F
PARCEL 1
FITZGERALD CIRCLE
PARCEL 2
SCALE: 1" = 400°
PARCEL 3
DESIGNATED 13
REMAINDER
105/104/
PARCEL 16
ADDISON AVENUE TRACT 4149 (R1)
101,
•PARCEL N
PARCEL M
PARCEL L PARCEL G
(LAKE 23)
PARCEL H
PARCEL K PARCEL J
-PARCEL 1
PARCEL 28
TRACT 4149 IR1)
BRADBURY AVENUE •PARCEL B
PARCEL D
AMBASSADOR ROAD
66 BRIARSTONE LANE PARCEL 29 EN ARBOR WAY
TRACT 4149 (R1)
LEGEND BARDWELL STREET
GL
TRACT 4155 BOUNDARY 8
LOT LINE
47 EXISTING ROADWAY EASEMENT
CANYON VISTA STREET
54/53 52 51 5O/PARCEL C