TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. Subject
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Approval of dedication agreement with Milan REI X, LLC; and acceptance of the dedication of 30.75 acres of open space to the City of Orange from Milan REI X, LLC. Resolution No. 11649.
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2. Summary
Milan REI X LLC wishes to dedicate 30.75 acres of land to the City to be used for open space purposes. As part of the open space dedication, conservation easements will be given to Rivers & Lands Conservancy and the California Department of Fish and Wildlife for land conservation and management activities.
3. Recommended Action
recommendation
1. Adopt Resolution No. 11649. A Resolution of the City Council of the City of Orange accepting a dedication from Milan REI X, LLC of a 30.75 acres parcel (parcel map no. 2021-187 parcel no. 2) (APNs 370-141-19. 370-041-12, 370-011-08, 370-011-18, 093-280-30, 370-213-01, and 370-011-21) for inclusion in the City’s open space reserve.
2. Approve dedication agreement with Milan REI, LLC which dedicates 30.75 acres of land to the City to be used for open space purposes; and authorize the Mayor and City Clerk to execute on behalf of the City.
3. Authorize the City Manager to approve additional agreements and/or easements related to this dedication.
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4. Fiscal Impact
None.
5. Strategic Plan Goals
Goal 3: Enhance Public Communication Strategy and Quality of Life.
6. Discussion and Background
In November 2019, Milan REI X, LLC (Milan) entered into a development agreement with the City. As part of this agreement, Milan was entitled to build 22 homes, just south of Mabury Avenue in east Orange. The development will impact native habitat and as a result will need to be mitigated through the establishment of a conservation easement adjacent to the 22-home development to off-set habitat loss.
In 2024, a new parcel map (No. 2021-187) was prepared and recorded for the Milan properties subject to the development agreement. The new parcel map created a new 30.75-acre parcel (Parcel 2) that surrounds the property entitled for the 22 homes (Parcel 1). As Milan concludes various projects within the City and begins divesting from these properties, it has approached the City with a proposal to dedicate Parcel 2 to the City, which would also include the conservation easement discussed previously.
Accordingly, Parcel 2 will be formally dedicated to the City through a dedication agreement outlining the specific terms of the land transfer, as well as a City Council resolution establishing the public benefit. Once accepted, the parcel will be incorporated into the City’s open space reserve for long-term management.
In conjunction with this dedication, the City, in fulfillment of Milan’s conservation obligation, will also enter into an agreement with the Rivers and Lands Conservancy and California Department of Fish and Wildlife. City staff are currently finalizing the easement language in collaboration with the respective agencies to ensure the long-term conservation of the dedicated property. Milan or its successors will bear all costs associated with the establishment and maintenance of the conservation easement.
7. ATTACHMENTS
• Attachment 1 Resolution No. 11649
• Attachment 2 Extracted Pages from Parcel Map No. 2021-187
• Attachment 3 Exhibit D1A
• Attachment 4 Exhibit D1B
• Attachment 5 LD 11003 - Storm Drain Easement Legal Description
• Attachment 6 LD 11004 - Temp Construction Access Easement Legal Description
• Attachment 7 LD 11007 - Parcel 2 Permanent Access Legal Description
• Attachment 8 Dedication Agreement with Milan REI X