HomeMy WebLinkAboutS13 - Newport Coast Annexation Action ItemsITEM 513
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Assistant City Manager
SUBJECT: Newport Coast Annexation Action Items: Cooperative Agreement for
Planning Services in the Newport Coast between the City and the
County of Orange; Resolution 2001 -_ Adopting the County of
Orange's Master Plan of Drainage for the Newport Coast Community
RECOMMENDED (1) Authorize the Mayor to sign the Cooperative Agreement for planning
ACTION: services between the County of Orange and the City of Newport Beach; and
(2) Adopt Resolution 2001 -_ Adopting the County of Orange's Master Plan of
Drainage for the Newport Coast Community.
BACKGROUND: The Newport Coast is a 7,799 -acre region within Newport Beach's sphere of
influence that lies immediately southeast of the city's limits at Corona del Mar,
Harbor Ridge, and Bonita Canyon. When ultimately developed, it will contain
up to 5,150 residential dwelling units, 2,150 resort accommodations, two retail
commercial centers, and extensive open space dedicated for public use. The
open space dedications are contingent upon, and phased with, the development.
Today, about 3,000 of the 5,150 residential dwelling units are built and occupied.
Both commercial centers are under development, with the Newport Coast Retail
Center at San Joaquin Hills Road and Newport Coast Drive and the Crystal
Cover Retail Center slated to open in early 2002. Only about 150 of the 2,150
resort accommodations are built or under construction (the Marriott Newport
Coast Villas). County demographers report that about 7,000 people live in the
Newport Coast today.
In September 2000, the City Council directed staff to proceed with filing an
annexation application with the Local Agency Formation Commission (LAFCO)
for the annexation of the Newport Coast. The City filed this application in March
2001. On September 12, 2001, Orange County LAFCO approved the City's
application on a 7 -0 vote and directed the City to complete several "terms and
conditions" in advance of an anticipated October 15- November 16, 2001, protest
period and a November 30, 2001 certification.
Cooperative Agreement for Planning Services with the County of Orange. In
June and July, 2001, the City entered into an Annexation and Development
Agreement (DA #14) with the Irvine Company that transfers municipal land use
authority in the Newport Coast (already bound by a County development
agreement and the Newport Coast Local Coastal Program, 2nd Amendment) to
the County of Orange.
The Agreement, in part, requires the developer to support and help facilitate the
annexation of the Newport Coast as long as (among other things):
3.1.1(c) The City transfers municipal land use authority (including the issuance of
building and grading permits) to the County pursuant to a joint powers or similar
agreement and/or ordinance until such time as the Project is complete or until
OWNER consents, in uniting, to an assumption of municipal land use authority
over all or a portion of the Property.
To achieve this goal, the City and the County have agreed to execute a
Cooperative Agreement (see Attachment A) to address issues such as:
• Building and Grading Permits on the existing entitlement;
• Building Inspections on permitted facilities;
• Administration of the Newport Coast's open space dedications and acreage
within the Coastal Natural Communities Conservation Plan (NCCP); and
• Transferring documents and land use responsibility after the County issues
Certificates of Occupancy for residential and commercial properties.
The Cooperative Agreement does the following:
• Transfers City land use authority in the Newport Coast to the County of
Orange as long as such authority is consistent with development agreements
and the Newport Coast Local Coastal Program,
• Defines the Newport Coast community as a series of 20+ Planning Areas
(PAs). The Planning Areas are mapped in Exhibit D to the Agreement,
• Ends the transfer of land use authority by PA when the PA is fully improved
and occupied and the City has in its possession the records for the PA,
• Allows the County to collect fees for planning services in the Newport Coast,
• Retains most open space administration with the County; and
• Describes a 180 -day document transfer process for all PAs that are improved
and occupied as of the date of annexation.
The Orange County Board of Supervisors approved this Cooperative Agreement
on October 16, 2001. Your City Council authorized the City Manager to sign the
Agreement at a meeting on August 28, 2001. After further consideration and in
light of extra time given the processing of this document, we believe that the
document can and should be approved by the full City Council and executed by
the Mayor.
Resolution Adopting the County's Master Plan of Drainage. As a routine
action, an annexing city is directed to adopt the Master Plan of Drainage
prepared by the county for the annexed territory. By adopting the Master Plan,
the city obligates itself to maintain the drainage system after annexation. The
City has included these maintenance costs in its annexation budget. The
resolution adopting the Master Plan is Appendix B.
THIS AGENDA This Agenda Item asks the City Council to authorize Mayor Adams to sign the
ITEM: Cooperative Agreement for planning services with the County of Orange. The
Agreement leaves most planning activity for the Newport Coast community with
the County of Orange. It also asks the Council to formally accept and adopt the
County of Orange's master plan of drainage for the Newport Coast community.
ATTACHMENTS: Appendix A - Cooperative Agreement for Planning Services (to be included
Monday, November 26, 2001)
Appendix B - Resolution 2001 -_ Adopting the County of Oranges Master Plan
of Drainage for the Newport Coast Community
Appendix B
Resolution 2001-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ADOPTING THE COUNTY OF ORANGE'S
MASTER PLAN OF DRAINAGE
FOR THE NEWPORT COAST COMMUNITY
WHEREAS, the County of Orange has enacted and approved a Master Plan of Drainage for
its unincorporated communities; and
WHEREAS, this Master Plan describes the watersheds and structural drainage systems that
exist in each unincorporated community; and
WHEREAS, the City of Newport Beach has filed for and received Local Agency Formation
Commission approval for the annexation of unincorporated territory known as the Newport
Coast and described within LAFCO Resolution CA #01 -06; and
WHEREAS, should its annexation of the Newport Coast community be successful, the City
of Newport Beach will administer and maintain the same watersheds and structures for the
unincorporated area known as the Newport Coast after annexation; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach that it hereby accepts and
adopts the County of Orange's Master Plan of Drainage for the territory described in LAFCO
Resolution CA #01 -06, otherwise known as the Newport Coast community.
ADOPTED this 27th day of November, 2001.
Garold Adams
MAYOR
ATTEST:
LaVonne Harkless
CITY CLERK
"RECEIVED AFTER AGEND
PRINTED" k615 Ill 0
COOPERATIVE AGREEMENT
THIS COOPERATIVE AGREEMENT ( "Agreement"), dated October 9, 2001 for purposes
of identification, between the COUNTY OF ORANGE ( "County") and the CITY OF
NEWPORT BEACH ( "City ") is based on following:
RECITALS
WHEREAS, the City is in the process of annexing approximately 7,799 acres of property
commonly known as the Newport Coast (Property). The Property, which is described. in
Exhibit A and depicted in Exhibit B, is currently in the unincorporated area of County and
was wholly owned by The Irvine Company (Company) during the planning for
development.
WHEREAS, the County has, for thirty (30) years, planned for the development and use of
the Property and related infrastructure. The manner and timing of the development of the
Property is an extremely complex issue that has been subject to intense public scrutiny
and participation. The development of the Property is the subject of numerous
agreements and planning documents and is a matter of regional importance. The
following are examples of the complexity of the issues resolved through the planning
process, relevant planning documents and the many agreements that protect the interests
of the public and the Company:
A. The County and the California Coastal Commission have ensured preservation of
that valuable habitat by requiring dedication to public agencies subject to
Company's right and ability to develop portions of the Property in accordance with
the Development Plans and Development Approvals. The County, in planning the
Property, has identified significant portions of the Property that contain valuable
habitat that is of regional significance and is, or is intended to be, designated as
part of the Natural Communities Conservation Plan for the Central and Coastal
Subregions of Orange County (NCCP). The NCCP is a complex agreement
between property owners (including the Company) and public agencies (including
the County) to ensure the preservation of large contiguous areas of habitat for
endangered species.
B. The Company has constructed or contributed to the construction of public
improvements on, or in the vicinity of, the Property that serve regional
transportation demand and that are vital to the regional transportation system.
These improvements, many of which have been constructed at the sole cost of the
Company, have been made in consideration of the right to develop the Property in
conformance with the Development Plan. These improvements include the
construction of Newport Coast Drive, the extension of San Joaquin Hills Road, the
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widening of Pacific Coast Highway, and participation in the construction of the San
Joaquin Hills Transportation Corridor.
WHEREAS, the County has adopted, and the California Coastal Commission has
approved or certified, a Local Coastal Program (LCP), Master Coastal Development
Permit (MCDP) and other documents governing development of that portion of the
Property that is subject to the California Coastal Act ( "Coastal Zone Area "). State law
provides that, under the circumstances present in this case, the County retains jurisdiction
to issue coastal development permits for the Coastal Zone Area subsequent to City's
annexation of that portion of the Property.
WHEREAS, the County and the Company have entered into a comprehensive
Development Agreement (DA) for the Property that, among other things, serves as a
mechanism for ensuring that the public receives the full benefits, including the dedication
of valuable habitat, that will result from development of the Property. In addition to the DA,
the County and the Company are signatories to the NCCP.
WHEREAS, the NCCP and the Development Approvals for the Property prepared by or on
behalf of the County represent an extremely complex and integrated plan for the
preservation and development of the Property. The administration and implementation of
these Development Approvals and the NCCP requires a -level of staffing, expertise,
knowledge and experience that can only be found in the County employees and officials
that have been intimately involved in the planning process. The failure to properly
administer or implement the NCCP and /or the Development Approvals could deprive the
public of the benefits of the proposed dedications of valuable habitat or interfere with the
development rights of landowners that are preconditions to the dedication of open space.
WHEREAS, City has adopted general plan and zoning designations for the Property, and
approved an Annexation and Development Agreement (ADA) with Company to ensure
that annexation of the Property does not prevent or delay the proposed dedications of
valuable habitat or development of the Property to the full extent permitted by the
Development Plan and Development Approvals. The ADA is incorporated herein by
reference. However, City does not presently have staff sufficient to administer or
implement the Development Approvals or the Development Plan. City and County intend,
through this Agreement to transfer to the County, upon annexation of the Property, the
responsibility for processing all permits and approvals necessary to facilitate the habitat
dedications and development consistent with the Development Plan. Accordingly, the City
will, immediately upon annexation, provide the entire Property with fire, police and refuse
collection as well as other municipal services except those transferred to the County
pursuant to this Agreement. The City will assume the provision of land use and code
enforcement services within each Planning Area when that Planning Area is Fully
Improved.
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WHEREAS, City and County are public entities possessing the common power to review
and approve applications for administrative and ministerial permits for development,
including coastal development permits, subdivision maps, conditional use permits, grading
permits and building permits, and approvals related to the planning for, and development
of, real property. City and County also have the common power to accept dedications for
open space or habitat protection, to develop and maintain recreational facilities and to
create and administer assessment districts pursuant to provisions of State and /or local
law. Government Code Sections 51300 et seq. authorize a county to contract with a city
for the performance' of municipal functions common to both agencies by designated
county officers and employees. This Agreement fully complies with all State statutory and
constitutional provisions related to the transfer of municipal functions from a city to a
county.
WHEREAS, this Agreement achieves the objectives of the Parties, such as the efficient
implementation and administration of the Development Approvals and Development Plan,
by authorizing the County to exercise all land use and building authority of the City relative
to each Planning Area upon annexation and until a Planning Area is fully improved. This
Agreement also will ensure Company's consent to proceed with. the immediate annexation
of the entire Property in accordance with the requirements of the ADA. This Agreement is
consistent with provisions of State law, specifically SB 516, that require implementation of
a certified local coastal program by a county with respect to property annexed by a city
that does not have a fully certified local coastal plan. Finally, this Agreement will provide a
vehicle for ensuring that all conditions to development are satisfied and that any proposed
modification to any Development Approval or the Development -Plan not impair or affect
the right of the Company to develop the Property to the full extent permitted by the
Development Approvals and Development Plan.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
and for other good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the Parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. This Agreement uses a number of terms having specific
meanings, as defined below. These specially defined terms are
distinguished by having the initial letter capitalized, or all letters capitalized,
when used in the Agreement. The defined terms include the following:
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1.1.1 "ADA" means the Annexation and Development Agreement entered
into by and between City and Company on August 23, 2001.
1.1.2 "Agreement" means this Cooperative Agreement.
1.1.3 "Coastal Zone Area" means that portion of the Property subject to the
California Coastal Act (Public Resources Code §30000 et seq).
1.1.4 "City' means the City of Newport Beach.
1.1.5 "Company' means individually and collectively The Irvine Company
and Irvine Community Development Company, and, where
appropriate in context, their respective successors in interest to all or
any part of the Property.
1.1.6 "County' means the County of Orange, a political subdivision of the
State of California.
1.1.7 "Development" whether or not capitalized means the improvement of
the Property for the purposes of completing the structures,
improvements and facilities comprising the Project. The term
development includes grading, the construction of infrastructure and
public facilities related to the Project whether located within or outside
the Property, the construction of buildings and structures and the
installation of landscaping and park facilities and improvements. The
term "Development" does mean any building or grading activity within
any Planning Area after that Planning Area is Fully Improved.
1.1.8. "Development Approvals" means. all permits, licenses, consents,
rights, and privileges, agreements and other actions that:.
(i) are approved by County;
(ii) are subject to approval or issuance by County, or
(iii) represent agreements between the City and Company that
relate to Development of the Property.
The term "Development Approvals" includes all actions described
above which are permitted, issued, agreed upon or otherwise taken
before the assumption of land use authority by the City over a
Planning Area after that Planning Area is Fully Improved.
"Development Approvals" also includes any modification or
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amendment of those actions before the assumption of land use
authority by the City over a Planning Area after that Planning Area is
Fully Improved. The term "Development Approvals" includes
(including any modifications or amendments as described above), but
is not limited to, those Development Approvals shown on Exhibit C
and the following:
(a) General plans and general plan amendments;
(b) Specific plans and specific plan amendments;
(c) Local Coastal Programs including the Land Use Plan and all
implementing ordinances;
(d) Zoning and rezoning;
(e) Tentative and final subdivision and parcel maps;
(f) Variances, conditional use permits, master plans, and plot
plans;
(g) Master Coastal Development Permits and Coastal
Development Permits;
(h) Grading and building permits; and
(i) Development Agreements and Annexation and Development
Agreements.
1.1.9 "Development Plan" means the plan for Development of the Property,
including the planning and zoning standards, regulations, and criteria
for the Development of the Property contained in and consistent with
the Development Approvals. The components of the Development
Plan are more fully described in Exhibit C.
1.1.10 "Fully Improved" means that the County has issued certificates of
occupancy (or similar evidence that the all structures have received all
inspections and fully comply with all laws such that there is no further
condition to occupancy) for all development permitted in any Planning
Area pursuant to the Development Approvals and Development Plan.
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1.1.11 "Land Use Regulations" means all ordinances, resolutions, codes,
rules, regulations and official policies governing Development and use
of land applicable to the Property pursuant to the Development
Approvals, the Development Plan, this Agreement and the ADA. The
term "Land Use Regulations" includes ordinances, resolutions, rules,
regulations and official policies related to the permitted use of land,
the density or intensity of use, subdivision requirements and the
maximum height and size of proposed buildings. The term "Land Use
Regulations" also includes ordinances, resolutions, rules, regulations
and official policies governing the reservation or dedication of land for
public purposes, and the design, improvement and construction
standards and specifications applicable to the Development of the
Property.
1.1.12 "Planning Area" means one of the 22 numbered Planning Areas within
the Property that have been created by the Land Use Regulations,
Development Approvals and /or the Development Plan and that are
depicted in the map attached as Exhibit D. For the purposes of this
Agreement, a Planning Area shall include any lettered divisions of a
Planning Area (for example, Planning Area 21 includes 21 -a, 21 -b,
and 21-c).
1.1.13 "Project" means the Development of the Property consistent with the
Development Approvals, Land Use Regulations and /or Development
Plan.
1.1.14 "Property' means the real property described in Exhibit A and shown
on Exhibit B to this Agreement.
1.2 Exhibits. The following documents are attached to, and by this reference
made a part of, this Agreement:
Exhibit A — Legal Description,of the Property.
Exhibit B — Map of the Property.
Exhibit C — List of County Development Approvals.
Exhibit D — Map of Planning Areas.
Exhibit E — Orange County LAFCO's Condition Relating to Open Space
Areas.
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Exhibit F — Map of Open Space and Recreational Areas to be Retained by
the County.
1.3 Construction. The word "include" or any form of the word "include" shall be
construed and interpreted to add the phrase "without limitation."
2. OBJECTIVES AND INTENT
2.1 Objectives. The objectives of this Agreement are to:
2.1.1 Ensure that, following annexation of the Property to City, the Property
is developed in substantial compliance with, and to the full extent
permitted by, the Development Approvals and the Development Plan.
2.1.2 Ensure that development of the property proceeds in a manner that
preserves the public benefits associated with the Development
Approvals and Development Plan including the dedication of valuable
habitat and open space.
2.1.3 Effect a transfer of land use authority from the City to the County upon
annexation with the City to assume land use authority over individual
Planning Areas when Fully Improved and City is in possession of
necessary planning and building records.
2.1.4 To provide a process for the transfer of documents necessary to City's
assumption of land use authority and a mechanism for facilitating
City's right to monitor development as provided in the ADA.
2.1.5 To preserve County's ownership, after annexation, over open space
and habitat to the extent contemplated by the Development
Approvals, Development Plan and related agreements such as the
NCCP.
2.1.6 To provide a mechanism for City assumption of title to certain open
space and for modifying the recreational facilities and open space
provisions of the Development Approvals and the Development Plan
without impacting Company's development rights, the NCCP or
County's regional park plans.
2.1.7 To provide for the administration of existing assessment districts and
the formation of new or modified districts by County personnel and
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consultants who have previously performed those tasks with respect
to the Property.
2.2. Intent. The Parties, through this Agreement, intend that the County have
and exercise after annexation the same power, right and control over the
administration, approval and implementation of land use, assessment district
and open spacelhabitat authority over the Property as the County exercised
before annexation. The Parties also intend that the City will assume land
use authority over any Planning Area within twelve (12) months after the
Planning Area is Fully Improved. The Parties also intend that the County
shall exercise land use and other authority in substantial conformance with
the Development Approvals and Land Use Regulations in effect as of the
Effective Date of this Agreement. This Agreement and the ADA shall be
administered, implemented, construed and interpreted in a manner that is
consistent with the Development Approvals, the Development Plan and the
"intertr and "purpose" provisions of this Agreement.
3. AUTHORITY TRANSFERRED TO THE COUNTY
3.1 Transfer of Land Use Authority.
3.1.1 Transfer of Authority. The City transfers to the County, upon
annexation, the power and authority to review, approve, conditionally
approve; modify, amend and /or disapprove Development Approvals
and Land Use Regulations with respect to the Property (Land Use
Authority). This Land Use Authority includes routine code
enforcement, the review and approval of all plans and specifications
for development, the issuance of all grading and building permits, all
inspections of structures and improvements, and the enforcement of
ordinances relating to construction, grading, erosion control and site
cleanup and occupancy.
3.1.2 Conditions. The County shall exercise Land Use Authority in
substantial compliance with: (i) the provisions of the Development
Approvals, Development Plan and the ADA; (ii) conditions imposed by
any State or local agency; and (iii) legally enforceable restrictions and
limitations on development of the Property.
3.2 Transfer of Open Space and Related Authority.
3.2.1 Ownership Upon Annexation. The terms and conditions of
annexation imposed by LAFCO state that the City will assume
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ownership of all County property upon annexation except as
otherwise provided by agreement (see Exhibit E). City, pursuant to
this Agreement waives all rights to assume ownership of County
property upon annexation and County agrees to maintain ownership
of its property until title is transferred pursuant to this Agreement or
another agreement. City and County shall, subsequent to annexation,
meet and confer on a regular basis to determine when and if.any
County property should be transferred to the City. County shall
transfer County property to City if and as necessary to enable City to
fulfill its obligations to Newport Coast residents relative to the
construction of a community center, the development, operation and
maintenance of active recreational facilities and the maintenance of
slope, parkways and medians. County shall have no obligation to
transfer to City any property designated as open space or habitat by
the NCCP or any property that is part of the County's regional park
plan. A map of the open space areas to be retained by the County is
included as Exhibit F.
3.2.2 Offers of Dedication. City, by this Agreement, transfers to County
the right and responsibility to accept any offer of dedication of park
and /or open space land to the extent contemplated or required by the
Development Approvals, the Development Plan, the NCCP or any
other agreement. County shall assign to City the right to accept an
offer of dedication with respect to any property that City requires to
fulfill its obligations to Newport Coast residents as specified in
Subsection 3.2.1
3.2.3 Restrictions on Transfer. The rights and duties of City and County
pursuant to this Section shall not be exercised in a manner that could
impair Company's rights to fully develop the Property pursuant to the
Development Approvals and Development Plan. In no event shall
County transfer any property to City that is designated as part of a
habitat conservation plan such as the NCCP.
3.3 Assessment District Authority. City transfers to the County, upon
annexation and to the maximum extent permitted by law, all rights, duties
and obligations relative to the administration of any existing assessment
district that affects some or all of the Property (Assessment District
Authority). County shall also retain the right to form and administer new
assessment districts provided that no new or increase special tax or levy is
imposed on any person or property except as expressly permitted by law.
County and City shall fully cooperate in any review conducted by City or its
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representatives with respect to the formation of, or assessments imposed
pursuant to, any existing or new assessment district. With respect to any
proposed new assessment district respecting any portion of the Property still
owned by Company, City hereby grants to County the consent required by
Section 10103 of the Streets and Highways Code of the State of California.
3.4 Term. The County shall retain all the Open Space Authority _ and
Assessment District Authority for the maximum term permitted by law.
County shall retain all Land Use Authority for each Planning Area, provided
that City shall assume Land Use Authority for a Planning Area when that
Planning Area is Fully Improved and the City is in possession of records that
enable the City to provide planning and building permit services for that
Planning Area. The County shall notify the City, in writing, within ten (10)
days after the County has determined that any Planning Area is Fully
Improved.
4. SPECIAL PROVISIONS
4.1 City Resolutions. City has, prior to the Effective Date of this Agreement,
adopted resolutions that ensure consistency between the Newport Beach
General Plan/Zoning Ordinances and the Development Approvals and
Development Plan. The City Council has also authorized the execution of
this Agreement by the City Manager and determined that this Agreement is
fully consistent with the authority of the City and City Council pursuant to law.
4.2 City Commitments. City, in exercising any authority over the Property shall
fully comply with, and conform to, the provisions of the Development
Approvals and Development Plan including the ADA, the Local Coastal
Program, and the Master Coastal Development Permit. City shall not take
any action that could prevent, interfere with, or delay development of the
Property to the full extent permitted by the: Development Approvals,
Development Plan, the City's Genera] Plan and /or the ADA. City shall not
take any action, except as authorized in Article 3, that would delay, prevent
or interfere with any dedication of open space or valuable habitat by the
Company or any acceptance of open space or valuable habitat by the
County or other entity.
4.3 County Consideration. City agrees that County shall be entitled to charge,
receive and retain all fees charged pursuant to the retention of Land Use
Authority, Open Space Authority or Assessment District Authority. County
shall be entitled to charge, receive and retain all customary fees including
building permit fees, grading fees, and inspection fees. The fees charged by
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the County shall be the County's sole consideration for all services
performed and the exercise of all authority transferred pursuant to this
Agreement. The fees charged by the County shall also be the County's sole
consideration for the transfer of records as specified in Section Article 5.
4.4 County Officers. The County Executive Officer (CEO) shall designate the
County officers, employees and contractors that are to perform the services
contemplated by, and exercise the authority transferred pursuant to, this
Agreement. The Parties contemplate that the CEO will designate the same
officers, employees and contractors that have, prior to the effective date of
this Agreement, been performing services or exercising powers related to
Land Use Authority, Open Space Authority or Assessment District Authority.
5. COOPERATION.
5.1 Cooperation. City shall provide any assistance requested by County with
respect to the implementation and administration of the Development
Approvals, the Development Plan and this Agreement. City and County
shall cooperate with one.another relative to any action necessary to ensure
that County retains the authority to perform the functions required by, or to
achieve the objectives of, this Agreement.
5.2 Monitoring. City and County shall also cooperate with one another to
facilitate City's right to monitor implementation of the Development Plan and
the conditions to the Development of the Property. County shall maintain a
list of pending activities related to implementation of the Development Plan
and provide City with a copy of the list once each ninety days during the
Term.
5.3 Records. City and County shall, during the initial one hundred and eighty
(180) days of the Term, evaluate the type and nature of County records, and .
the mechanisms for the transmission of those records, that would facilitate
the City's assumption of Land Use Authority after any Planning Area is Fully
Improved. In evaluating the type and nature of the records, the Parties shall
give special consideration to the type of information that is necessary to
issue building permits for other than initial construction and the provision of
municipal services such as police, fire personnel and property maintenance.
In evaluating the mechanism for transmission, the Parties shall give special
consideration to the format and medium for transmitting relevant information
that would be most easily incorporated into the City's databases and that
would minimize the cost of transfer /transmittal. The Parties shall, within one
hundred and eighty (180) days after the Effective Date, implement a program
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for transmission of all records determined to be relevant to the City's
exercise of Land Use Authority. Any inability on the part of either Party to
implement this program shall not impair the validity of this Agreement.
6. THIRD PARTY BENEFICIARY.
City and County agree that the Company is a third party beneficiary-of this
Agreement. Accordingly, Company shall have. the right to enforce the terms and
provisions of this Agreement against City and /or County without. assertion of any
affirmative defense related to standing so long as Company has not fully developed
the Property pursuant to the Development Approvals. City and County specifically
agree and acknowledge that, by allowing early annexation of the Property as
provided in the ADA, Company will have fully relied upon the enforceability of this
Agreement against City and County and that Company is reasonably relying on the
enforceability of this Agreement.
7. MISCELLANEOUS PROVISIONS
7.1 Term of Agreement. Subject to the provisions of Article 3, this Agreement
shall continue in full force and effect with respect to the Property for a period
of five (5) years and shall continue in full force "and effect thereafter until all
entitlement granted by the Development Approvals has been completed or
unless the conditions for expiration specified in Section 51302 of the
Government Code are satisfied.
7.2 Entire Agreement. This Agreement sets forth and contains the entire
understanding and agreement of the Parties, and all oral or written
representations, understandings or agreements are expressly stated in this
Agreement. No testimony or evidence of any such representations,
understandings, or covenants shall be admissible in any proceeding or any
kind or nature to interpret or determine the terms or conditions of this
Agreement..
7.3 Severability. If any term, provision, covenant, or condition of this
Agreement is ruled invalid, void, or unenforceable by a court of competent
jurisdiction, this Agreement shall nonetheless remain in full force and effect
as to all remaining terms, provisions, covenants, and conditions.
7.4 Interpretation and Governing Law. This Agreement and any related
dispute shall be governed and interpreted in accordance with the laws of the
State of California. This Agreement shall be construed according to its fair
language and common meaning to achieve the objectives and purposes of
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the Parties. The rule of construction to the effect that ambiguities are to be
resolved against the drafting Party shall not be employed in interpreting this
Agreement since all Parties have been represented by counsel.
7.5. Indemnification. City shall defend, indemnify, and hold harmless the
County and its officers, employees and agents with respect to any claim,
damage, loss, cause of action, lawsuit or proceeding that arises out of or is
in any way related to any act or omission by City or its officers, employees or
agents in the performance or non - performance of any duty or obligation
pursuant to this Agreement. County shall defend, indemnify, and hold
harmless the City and its officers, employees and agents with respect to any
claim, damage, loss, cause of action, lawsuit or proceeding that arises out of
or is in any way related to any act or omission by County or its officers,
employees, or agents in the performance or non- performance of any duty or
obligation pursuant to this Agreement.
7.6 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of
this Agreement.
7.7 Singular and Plural. As used herein, the singular of any word includes the
plural.
7.8 Waiver. The failure of a Party to insist upon the strict performance of any of
the provisions of this Agreement by the other Party, or the failure of a Party
to exercise its rights upon the default of the other Party, shall not constitute a
waiver of that Party's right to demand and require, at any time, the other
Party's strict compliance with the terms of this Agreement.
7.9 Third Party Beneficiaries. This Agreement is made and entered into for
the sole protection and benefit for the parties and their successors and
assigns: Except as expressly provided in Article 6, no other person shall
have any right of action based upon any provision of this Agreement,
provided, however, that the fee owners of any non - residential parcels in the
area to be annexed to City pursuant to the ADA may elect to be covered by
the Agreement.
7.10 Successors in Interest. The burdens of this Agreement shall be binding
upon, and the benefits of this Agreement shall inure to, all successors in
interest to the Parties to this Agreement.
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7.11 Specific Performance. The Parties acknowledge that monetary damages
would be inadequate to remedy any breach of this Agreement by either
Party. Accordingly, the Parties agree that any breach of this Agreement
shall entitle the non - breaching Party to file an action for specific performance
in a court of competent jurisdiction. In no event shall either Party be liable
for monetary damages in the event of a breach of this Agreement.
7.12 Counterparts. This Agreement may be executed by the parties in
counterparts, which counterparts shall be construed together and have the
same affect as if all of the parties had executed the same instrument.
7.13 Jurisdiction and Venue. Any action at law or in equity arising under this
Agreement or brought by any Party for the purpose of enforcing, construing,
or determining the validity of any provision of this Agreement shall be filed
and tried in the Superior Court of the County of Orange, State of Califomia.
The Parties waive all provisions of law providing for the filing, removal or
change or venue to any other court.
7.14 Further Actions and Instruments. Each of the parties shall cooperate with
and provide reasonable assistance to the other to the extent contemplated
by this Agreement to achieve the objectives of this Agreement. Upon the
request of either party at any time, the other party shall promptly execute,
with acknowledgment or affidavit if reasonably required, and file or record
instruments and writing. The Parties shall also take any action as may be
reasonably necessary under the terms of this Agreement to carry out the
intent and to achieve the objectives of this Agreement.
7.15 Amendments in Writing /Cooperation. This Agreement may be amended
only by written consent of the parties specifically approving the amendment
and in accordance with the Govemment Code provisions for the amendment
of Development Agreements. The Parties shall cooperate in good faith with
respect to any amendment proposed in order to clarify that intent and
application of this Agreement, and shall treat any such proposal on its own
merits, and not as a basis for the introduction of unrelated matters.
7.16 Authority to Execute. Any person or persons executing this Agreement on
behalf of the City and County warrants and represents that he/she has the
authority to execute this Agreement on behalf of his /her agency and to bind
that Agency to the performance of its obligations pursuant to this Agreement.
7.17 Notice. All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and shall be deemed served when
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delivered personally or on the third business day after deposit in the United
States mail, postage prepaid, first class mail, addressed as follows:
All notices, demands, requests or approvals to CITY shall be addressed to:
City of Newport Beach
City Managers Office
3300 Newport Boulevard
PO Box 1768
Newport Beach, California 92658 -8915
All notices, demands, requests or approvals to COUNTY shall be addressed to:
Director of Planning and Development Services
County of Orange
300 North Flower Street
Santa Ana, California 92703 -5000
All notices, demands, requests or approvals to Company shall be addressed to
Vice President for Entitlement (Newport Coast)
550 Newport Center Drive
Newport Beach, CA 92625
7.18 Effective Date. This Agreement shall become effective as of the date on
which the City annexation of all or a portion of the Property becomes
effective.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
year first set forth above.
COUNTY:
By. �CY
nthia P. Coad, Board Chair
County of Orange, State of California
Cooperative Agreement
150f 30
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE BOARD CHAIR
By:. 1
Darlene J. Bloom, Clerk
of the Board of Supervisors
APPROVED AS TO FORM:
0
Ben deMayo, County Counsel
By:
11 -2--Ol Deputy
CITY:
By: wwwfflrm �—
Garold B. Adams, Mayor
of the City of Newport Beach
ATTEST:
LaVonne Harkless, City Clerk
of the City of Newport Beach
APPROVED AS TO FORM:
M
bert H. Burnham, City Attorney
the City of Newport Beach
F:\ users\ cat \shared \da Wg \NewportCoast\Coo perative\ 102301 finai.doc
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EXHIBIT `A'
NEWPORT COAST ANNEXATION NO.CA01 -06
TO THE CITY OF NEWPORT BEACH
- BLOCKS= 5151; 5152, 5251
5252, 5253, 5351
5352
MODULES: VARIOUS
BEING THOSE PORTIONS OF BLOCKS 91, 95 -98, 128 -134, 161 -165 OF IRVINE'S
SUBDIVISION AS SHOWN ON A MAP THEREOF FILED IN BOOK 1, PAGE 88 OF
MISCELLANEOUS RECORD MAPS AND PARCEL 2 AND'A PORTION 'OF PARCEL 1 PER
CORPORATION GRANT DEED BOOK.. 13439, PA.GE 94 -132, RECORDED DECEMBER 19,
1979, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ORANGE, STATE
OF CALIFORNIA, DESCRIBED AS FOLLO'eS;
BEGINNING AT AN ANGLE POINT IN THE EXIS'T'ING. CITY OF NEWPORT' BEACH 60UNDARY
AS ESTABLISHED BY REORGANIZATION NO. R097 -35, "BONITA CANYON ANNEXATION TO
THE CITY OF NEWPORT BEACH AND DETACHME—VT OF THE; SAME TERRITORY FROM THE
CITY OF IRVINE -, SAID ANGLE POINT BEING THE SOUTHEASTERLY TERMINUS OF THAT
CERTAIN COURSE DESCRIBED AS "SOUTH 1:058'31' EAST 11.29 FEET' IN SAID
REORGANIZATION NO. R097 -35, SAID POINT ALSO BEING DISTANT NORTH 26 242'33'
EAST 3071.87 FEET FROM ORANGE COUNTY SURVEYOR'S HORIZONTAH: CONTROL STATION
GPS NO. 6247,- HAVING A COORDINATE V.�UE (-,;..S. SURVEY FOOT) OF. NORTH
2173287.386 AND EAST 6074018.521, BASED UPO`_S THE .CALIF�_ia \_A COORDINATE
SYSTEM (CCS83), ZONE VI. 1983 MAD (199_.35 EP_CH O.C.S. GPS A=ST.`'IENT) AS
SAID GPS POINT IS SHOWN ON TRACT MA? NO. 13945, RECOR =ZD !N BOOK 8C -,
PAGES 18 -25 INCLUSIVE, OF MISCELLANEOUS MAPS 'IN THE OFF-121 OF TH2 COLidTY
RECORDER OF SAID COUNTY, BEING CO"MfON .0 "1--:R3OR VIEWS HZLLS - PHASE 3-
ANNEXATION TO THE CITY OF NEWPORT BEACH;.
THENCE CONTINUING ALONG THE EXISTING C_-=L BOUNDARY OF THE CITY OF NEWPORT
BEACH PER "HARBOR VIEW HILLS -PHASE 3- NNEXA= -ON, THE . "F__ZBOR VIEW HILLS
SECTOR 4' ANNEXATION, THE "HARBOR RIDE= ANNEXATION NO. E9', THE "HARBOR
RIDGE ANNEXATION NO. 82, THE "HARBOR VTEW HILLS -PHASE 3- ANNEXATION, THE
'HARBOR VIEW HILLS -PHASE 4- ANNEXATION, THE 'ANNEXATION NO. 57 (CENTERVIEW
ANNEXATION)', THE "HARBOR VIEW' ANNEXATION, ANNEXATION NO. 8, CITY
BOUNDARY 1928 (COURT CASE NO. 23686) INCORPORATED SEPTEMBER 1, 1906; THE
"CORONA HIGHLANDS- ANNEXATION, THE "SEAWARD 17' ANNEXATION, THE "CAMEO
HIGHLANDS' ANNEXATION, THE "ANNEXATION NO. 84', THE "CAMEO HIGHLANDS'
ANNEXATION, THE "ANNEXATION NO. 64', THE "C?..MEO CLIFFS' ANNEXATION' THE
"SHORE CLIFFS - CAMEO SHORES TIDELANDS ANNEXATION' THROUGH THEIR VARIOUS
COURSES IN A GENERAL SOUTHEASTERLY, SOUTHWESTERLY, SOUTHEASTERLY,
SOUTHERLY, WESTERLY, SOUTHERLY, EASTERLY, SOL:HERLY, WESTERLY, SOUTHERLY,
cmu3i -ccci c��.oac �o�ivioii z: PAGE 1
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EIMIBIT `A'
NEWPORT COAST ANNEXATION NO.CA01 -06
TO THE CITY OF NEWPORT BEACH
BLACKS: 5151, 5152, 5251
5252, 5253, 5351
5352
MODULES: VARIOUS
BEING THOSE PORTIONS OF BLOCKS 91, 95 -98, 128 -134, 161 -164 OF IRVINE'S
SUBDIVISION AS SHOWN ON A MAP THEREOF FILED IN BOOK 1, PAGE 88 OF
MISCELLANEOUS RECORD MAPS AND PARCEL 2 AND A PORTION 'OF PARCEL 1 PER
CORPORATION GRANT DEED BOOK 13439, PAGE 94 -132, RECORDED DECEMBER 19,
1979, IN THE.OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ORANGE, .STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE.POINT IN THE EXISTING CITY OF NEWPO ?.T BEACH BOUNDARY
AS ESTABLISHED BY REORGANIZATION N0. R097 -35. "BONITA CANYON ANNEXATION TO
THE CITY OF NEWPORT BEACH, AND DETACHMENT OF THE .SAM- TE- ZRITORY FROM THE
CITY OF IRVINE', SAID ANGLE POINT BEING THE SOUTHEASTERLY TERMINUS OF THAT
CERTAIN COURSE DESCRIBED AS "SOUTH 1_'58'31' EAST 11 -29 FEET' IN SAID
REORGANIZATION N0, R097 -35, SAID POINT ALSO BEING DISTANT NORTH 26 242'33'
EAST 3071.87. FEET FROM ORANGE COUNTY SL-RVEYOR'S HORIZONTA.= CONTROL STATION
GPS NO- 6247; HAVING A COORDINATE Vr-IUE (J.S. SURVEY FOOT) OF NORTH
2173287.386 AND EAST 6074018.521, BASED UPOti THE CAL1 TRN :A COORDINATE
SYSTEM (CCS83), ZONE VI- 1983 NAD (1991.35 EPOCH O.C.S. GPS ADJUSTMENT) AS
SAID GPS POINT IS SHOWN ON TRACT MAP NO- _ =945, RECOILED IN 200E 8C;1
PAGES 18 -25 INCLUSIVE, OF MISCELLANEOUS MAPS :N THE OFF:.E OF THS COU\_I
RECORDER OF SAID COUNTY, BEING COMMON =0 "F-=IBOR VIEWS =LLS- PHASE 3'
ANNEXATION TO THE CITY OF NEWPORT BEACH:
THENCE CONTINUING ALONG THE EXISTING C:=Y BOLNDARY OF THE CITY OF NEWPORT
BEACH PER "HARBOR VIEW HILLS -PHASE 3' =VNFXA -:ON, THE r- - =4BOR VIEW HILLS
SECTOR 4' ANNEXATION, THE "HARBOR RIDGE ANN- EXATION NO. c "9', THE "HARBOR
RIDGE ANNEXATION N0, 82, THE "HARBOR VIEW HILLS -PHASE 3' ANNEXATION. THE
"HARBOR VIEW HILLS -PHASE 4' ANNEXATION, THE "ANNEXATION N0. 57 (CENTERVIEW
ANNEXATION)', THE "HARBOR VIEW' ANNEXATION, ANNEXATION N0, 8, CITY
BOUNDARY 1928 (COURT CASE N0. 23686) INCORPORATED SEPTEMBER 1, 1906: THE
"CORONA HIGHLANDS' ANNEXATION. THE "SE -AWARD 17' ANNEXATION, THE "CAMEO
HIGHLANDS' ANNEXATION, THE "ANNEXATION N0. 84', THE 'CAMEO HIGHLANDS'
ANNEXATION. THE "ANNEXATION N0. 64'. THE "CaNEO CLIFFS' ANNEXATION* THE
"SHORE CLIFFS - CAMEO SHORES TIDELANDS ANNEXATION' THROUGH THEIR VARIOUS
COURSES IN A GENERAL SOUTHEASTERLY, SOUTHWESTERLY, SOUTHEASTERLY,
SOUTHERLY, WESTERLY, SOUTHERLY, EASTERLY, SOL:HERLY, WESTERLY, SOUTHERLY,
crCms -wu ul.me 10"W011.39 PAGE 1
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EE8'IHI3 `A•
NEWPORT COAST ANCNO<ATION NO.CA01 -06
TO THE CITY OF NEWPORT BEACH
SOUTHEASTERLY, SOUTRERLY, SOUTHWESTERLY, WES"ERLY, NORTHWESTERLY,
SOUTHWESTERLY, WESTERLY, SOUTHWESTERLY. SOOTRERLY, NORTHWES ^F.RT.Y,
SOUTHWESTERLY; WESTERLY, SOUTHEASTERLY, NORT__EAS'£ER:.Y, SOU4=2MLY,
SOUTHWESTERLY, NORTHWESTERLY AND SOUTHWESTERLY DIRECTION ='0 AN ANGLE POINP,
ON THE BOUNDARY OF THE CITY OF NEWPORT REACH AS ESTABLISH=, BY 'SHORE
CLIFFS - CAMEO SHORE TIDELANDS ANNESATION';
TI ACE LEAVING SAID CITY BOUNDARY IN A DIRECT LINE NORnMASTERLY 3 MILES
MORE OR LESS TO A POINT ON THE MEAN HIGH TIDE OF =3E PACIFIC OCEAN; SAID
POINT BEARING SOUTH 37 039'50' WEST 600 FEET MORE OR LESS FROM THE NOR,NWEST
CORNER OF PARCEL 3 OF 'PARR PROPERTY' AS DESCRIBED IN CORPORATION GRANT
DEED TO THE STATE OF CALIFORNIA ON FILE OECEN3ER 19, 1979. IN BOOK _3439,
PAGE 94 -132 IN THE OFFICE. OF THE COUNTY RECORDER, SAID POINT BEING THE
SOUTHWESTERLY PROLONGATION OF THAT CERTAIN COURSE DESCRIBED AS `.NORTH
37 039.50" EAST 104.98 FEET" IN SAID DEED IN THE WESTERLY BOUNDARY OF PARCEL
3 OF SAID `PARK PROPERTY`; "
THENCE ALONG SAID SOUTHWESTERLY PROLONGATION "_.DRTH 37 °39'57' LAST 60C FEET
MORE OR LESS TO THE SOUTHWESTERLY TERMINUS OF THAT CERTR'. C-JRSE
DESCRIBED AS "NORTH 37 039'50" EAST 104.98 FEET' IN THE NORTs7IES:ERLY
BOUNDARY OF SAID PARCEL 3, SAID TERMINUS ALSO BEI \v ON "."r1' NORTH_ASTERLY
RIGHT OF WAY LINE OF THE PACIFIC COAST =IGHWAY SEI=-- A H :GZlAY OF 11AR =ABLE
WIDTH, AND FURTHER DESCRIBED IN BOOK 487, PAGE I OF J = --X TaE C?PSCE OF
,HL COUNTY RECORDER;
ThENCE LEAVING SAID NORTHEASTERLY RIGHT OF ::AY -'--NE ALONG THE
NORTHWESTERLY BOUNDARY LINE OF PARCEL 3 OF SAID 'PART. PROPERTY';
THENCE NORTH 37 039.50' EAST 104.98 FEET TO THE SEGINNI`:G OF A TA :.GENT
950.00 FOOT RADIOS CURVE CONCAVE TO THE SOUTHEAST;
THENCE ALONG THE ARC OF SAID CURVE; NORTHEASTERLY, 219.65 FEET THROf:GH A
CENTRAL ANGLE OF 13 014'50';
THENCE NORTH 50 054.40' EAST 1645.45 FEET TO -`HF BEGTNNIIG OF A TANGENT
1300,00 FOOT RADIUS CURVE CONCAVE TO THE WEST;
THENCE ALONG THE ARC OI' SAID CURVE NORTHEASTERLY, 1590.29 FEET THROUGH A
CENTRAL ANGLE OF 70 005.24';,
.snai- m.tlo -aoc �os.aaiou = PAGE 2
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SEI¢8YT 'A'
REWPORS COAZT ANlB==CN NO.CA01 -06
TO THE CITY OF LE NPOST BEAM
THENCE NORTH 19010.44' WEST 387.88 FEET;
THENCE SOUTH 84042.47* EAST 288.52 FEET;
THENCE NORTH 58039.02' EAST 1018.72 FEET:
THENCE NORTH 74008'04' EAST 197.52 FEET:
THENCE NORTH 60027'40' EAST 137.93 FEET:
THENCE SOUTH 68054.280 EAST 150.05 FEET:
THENCE NORTH 66048'05' EAST 167.55 FEET;
THENCE NORTH 04038908' EAST 74.24 FEET;
THENCE SOUTH 87003'52.' EAST 84.20 FEET: -
THENCE NORTH 23021.06' WEST 232.34 FEET:
THENCE NORTH 51008'19' EAST 310.79 FEET;
^_H04CE NORTH 31050'33' EAST 223.66 FEET;
THENCE NORTH 11055'46' WEST 290.27 FEET;
NORTH 30002.00' EAST 147.85 PEET;
HENCE NORTH 35052.56• WEST 232.03 FEET;
THENCE NORTH. 10031'40' EAST 229.87 FEET:
THEME NORTii 46028.08' EAST 55.17 FEET:
THENCE NORTH 67053'26' EAST 138.16 FEET;
THENCE NORTH 38031'49• EAST 138.06 FEET:
THENCE NORTH.24035'24- EAST 129.77 FEET;
TIU21CF NORTH 03052'43• PAST 118.27 FEET;
.-W n. (",WWI n PAGE 3
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E3a=T - A'
NEWPORT COAST ANNEXATION NO.CA01 -06
TO THE CITY OF NEWPORT BEACH
THENCE NORTH
19 450'41'
EAST 141.40 FEET;
THENCE NORTH
49001'42'
EAST 150.97 FEET;
THENCE NORTH
73052121'
EAST 172.80 FEET;
THENCE NORTH
60049'09'
EAST 176.38 FEET; .
THENCE NORTH
11048'47'
EAST 312.62 FEET;
THENCE NORTH
03021'594
WEST 272.47 FEET TO THE SOUTHEASTERLY TERMINUS OF
THAT CERTAIN
COURSE DESCRIBEDI AS -SOUTH 28044.47' FAST 328.52 FEE':• IN THE
EXISTING WESTERLY BOUNDARY OF "PARR PROPERTY' AS DESCRIBED IN CORPORATION
GRANT DEED TO THE STATE OF CALIFORNIA RECORDED NOVEMBER 17, 1981 ON FILE
IN BOOR 14292, PAGE 953 -965 IN THE OFFICE OF THE COUNTY RECORDER;
THENCE ALONG
SAID WESTERLY BOUNDARY NORTH 28044'47' WEST 328.52 FEET;
THENCE NORTH
11021'29'
EAST 467.15 FEET;
THENCE NORTH
08021'57'
WEST 68.73 FEET; _
THENCE NORTH
29047'31'
EAST 301.90 FEET;
THENCE NORTH
80008'45'
EAST 383.72 FEET;
THENCE NORTH
30018'40'
EAST 301.17 FEET;
THENCE NORTH
79056.51'
EAST 446.86 FEET;
THENCE NORTH
49046'51.'
EAST 390.27 FEET;
THENCE NORTH
75036'00'
EAST 152.80 FEET:
THENCE NORTH
88017'55'
EAST 404.18 FEET;
THENCE NORTH
02027'46'
EAST 186.17 FEET;
THENCE NORTH
25047'27•
EAST 33D.97 FEET;
THENCE NORTH
89015'21'
EAST 308.03 FEET;
pus ; -ux i.;.mc ianarwi u PAGE 4
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EaSLBZT 'A'
NEWPORT COAST AIMME iTION NO.CA01 -06
TO THE CI4Y of WIP= BEACH
THENCE NORTH 11034.59' EAST 2549.93 FEET;
THENCE NORTH 11 006'16' WEST 1038.44 FEET;
THENCE NORTH 10 °47'04' EAST 235.15 FEET;
THENCE NORTH 35006.10' EAST 551.26 FEET:
THENCE NORTH 16°38'20' EAST 181.60 FEET;
THENCE NORTH 18054.59- WEST 188.16 FEET;
THENCE NORTH 16 025'40' EAST 424.32 FEET;
THENCE NORTH 29010'03• EAST 196.98 FEET;
THENCE NORTH
14024.00'
EAST 152.80 FEET;
THENCE NORTH
52016'30'
EAST 67.01 FEET;
THENCE NORTH
60017.00'
EAST 148.12 FEET;
^_HENCE NORTH
37027'15'
EAST 274.61 FEET;
HENCE SOUTH
33000'200
EAST 789.39 FEET;
'-DICE NORTH
70038'36'
EAST 784.31 FEET;
THENCE SOUTH
02059"35'
WEST 306.42 FEET;
HENCE SOUTH
22006.'00'
EAST 356.17 FEET ;
-
=R120CE SOUTH
35018.58'
EAST 2345.66 FEET TO
WESTERLY TERMINUS OF THAT
CERTAIN COURSE DESCRIBED AS 'SOUTH 44 031'21'
EAST 678.84 FEET' IN THE
EXISTING NORTHEASTERLY
BOUNDARY OF SAID BOOK 13439, PAGE 94 -132;
THENCE LEAVING THE BOIIlWARY OF SAID BOOR 14292,
PACE 953 -965 AND ALONG THE
NORTHEASTERLY BOUNDARY
OF SAID BOOK 13439, PAGE
94 -132;
THENCE SOUTH
44031.21'
EAST 678.84 FEET;
THENCE SOUTH
71026.28'
EAST 584.39 FEET;
jsuss- vra�n.� Iw,niw� = PAGE 5
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I=I.AIT `A•
NEWPORT COX= A7Mw.iATION AD.CA01 -06
TO THE CISY OF eBWPORT BEACH
THENCE SOUTH-85006'26' EAST 515.88 FEET;
THENCE SOUTH 74032'30' EAST 420.20 FEET;
THENCE SOUTH 66047'38' EAST 548.66 FEET TO A POINT ON THE SOUTHEASTERLY
LINE OF BLOCK 161 OF SAID IRVTNE'S SUBDIVISION;
THENCE LEAVING THE NORTHEASTERLY BOUNDARY OF SAID BOOR 13439, 'PACE 94 -132
AND ALONG THE SOUTHEASTERLY LINE OF SAID- BLOCK 161 NORTH 40033'59' EAST
188.12 FEET TO A POINT ON THAT CERTAIN COURSE BEARING 'NORTK 34 056'51' WEST
457.86 FEET' IN THE EXISTING BOUNDARY OF "THE PROPERTY' DESCRIBF_D IN GRANT
DEED TO THE CITY OF LAGUNA BEACH RECORDED JUNE 27, 1991 AS DOCUMENT NO. 91-
330557 IN THE OFFICE OF THE COUNTY RECORDER;
THENCE ALONG SAID COURSE AND THE SOUTHWESTERLY 80UNI?ARY OF -THE PROPERTY'
OF SAID GRANT DEED NORTH 34055'56' WEST 53.88 FEET;
TRANCE NORTH 68021'18' WEST 560.20 FEET
THENCE NORTH 60007'54' WEST 785.39 FEET
:'HENCE SOUTH 83028'56' WEST 326.82 FEET
THENCE NORTH 66044'01' WEST 658.40 FEET;
'::'.^.'VCE NORTH 390D6'41' WEST 465.65 FEET;
THENCE NORTH 54 032'38' WEST 526.14 FEET;
THIME NORTH 34026.23• WEST 410.92 FEET;
THENCE NORTH 12 044'59' EAST 337.73 FEET;
THENCE NORTH 24022'24' WEST 331.27 FEET;
THENCE NORTH 38033'39' WEST 489.32 FEET;
THENCE NORTH 22014'13' WEST 315.36 FEET;
THENCE NORTH 41041'22 WEST 538.97 PEST;
THENCE NORTH 46030'42' WFST 848.19 FEET;
cmitx - *m,w .mc iacnvu� m PAGE 6
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BEWPORT COAST ANNEXATION No.CA01 -06
To THE CITT OF NEWPORT BEACH
THENCE NORTH 71006'53' WEST 244.14 FEET:
THENCE SOUTH 89008'04' WEST 252.27. FEET TO THE SOUTHWESTERLY PROLONGATION
OF THE COURSE DESCRIBED AS -NORTH 400D0'00' EAST 66:x.00 FE-=T' IN ANNEXATION
NO.-1 (FRASIER ANNEXATION) TO THE CITY OF IRVINE:
THENCE ALONG SAID. PROLONGATION NORTH 40 °33'31• EAS7 221.97 FEET TO A POINT
IN THE SOUTHEASTERLY BOUNDARY OF THE CITY OF IR "TINE AS ESTABLISHED BY.
'REORGANIZATION NO_ R097 -04' DISTANT THEREON SOUTE 64016.17' EAST 1340.14
FEET FROK THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS
"NORTH 64 036'17' WEST 4468.85 FEET' IN THE CEP.-- `ERLINE OF TR -73 (SAN
JOAQU.IN HILLS TRANSPORTATION CORRIDOR) AS DESCRIBID IN ?ARCEL 1 OF SAID
REORGANIZATION NO. 8097 -04;
.. THENCE ALONG SAID EXISTING CITY BOUNDARY AND THE CENTERL -NE OF TR -73 PER
SAID 'REORGANIZATION NO. 8097 -04' THROUGH THEIR VARIOUS COURSES IN A
GENERAL NORTHWESTERLY DIRECTION TO AN ANGLE POINT --'i THE EXISTING CITY OF
NEWPORT BEACH BOUNDARY AS ESTABLISHED BY 'REORGAXIZATICY NO. R097 -35'.
SAID POINT BEING THE SOUTHEASTERLY TERMINUS OF - T-;F :T COL ?SE DESCRIBEL! AS
"NORTH 690 24'23' WEST 2D92.48 FLTT':
ELNCE ALONG SAID EXISTING CITY BOUNDARY PER SAZZ) -REORGANIZATION NO.
8.097 -35' . THROUGH ITS VARIOUS COURSES IN A S -NERA' WORT_- OESTERLY,
SO:.•THERLY. SOUTHEASTERLY AND NORTHWESTERLY D= HECTIC:: TO TRVB POINT OF
BEGIDiID]SAf3.
CONTAINS 7.799 ACRES. MORE OR LESS_
ATTACHED HERETO AND MADE A PART HEREOF. IS A MAP DESIG:I=XTED AS EXHIBIT
'B'.
TO OBTAIN THE GRID DISTANCE AT GPS PT. NO. 6247. MULT =PLY THE GROUND
DISTANCE BY 0.99996664.
^.HIS LEGAL DESCRIPTION WAS PREPARED BY ME. OR UNDER
RECORD O ONLY_ NO FIELD SURVF�- HAS BEEN COT
RECO •O N. A REX S . PLS EXPIRATION DATE 12/31/03
suu- lcw.. cwx roil s PAGE 7
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24 of 30
MY SUPERVISION FROM
lUC 7U —D TO VERIFY ANY
NQ 6641
HxTrMjT •a•
WRQP0RT COAST AH9CATIOH HO.CA01 -06
TO TSE CITY OF BW RT REM=
THIS PROPOSAL DOES X" THE APPROVAL OF
THE ORANGE COUNTY SURVEYOR'S OFFICE.
DATED TNS Z� —- DRAY OF �c7�LG 2001.
LS
DATE 99!30/01
lm.s, ) a PAGE 8
Cooperative Agreement
25 of 30
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Exhibit C
Summary of Development Approvals
The components of the Development Plan as shown by various Development Approvals
include:
A. Newport Coast Local Coastal Program 2nd Amendment and all further amendments
adopted before the City assumes permit issuing authority for the property as provided
for within this Agreement. The Newport Coast Local Coastal Program, 20d Amendment
was approved by the California Coastal Commission on October 10, 1996; certified by
the County of Orange Board of Supervisors on December 3, 1996 (Resolution No. 96-
861 and Ordinance No. 096 - 3974); and Certified by the California Coastal Commission
on January 21, 1997;
B. Newport Ridge Planned Community Program: Approved by the County of Orange
Board of Supervisors on March 17, 1998 (Resolution Nos. 98087 and 98 -88; Ordinance
No. 98 -3);.
C. Newport Coast Master Coastal Development Permit7d' Amendment (PA 970152);
Approved by the County of Orange Planning Commission on July 21, 1998;
D. First Amendment to the Irvine Coast Development Agreement: Recorded April 2, 1997
(No. 19970149745); and
E. Related secondary implementing approvals, permits, and actions pursuant to and
consistent with the foregoing (e.g. subdivision maps, individual coastal development
permits, grading plan approvals and permits, etceteras).
F. An Annexation and Development Agreement between the City of Newport Beach, The
Irvine Company, and Irvine Community Development Company; approved by the
Newport Beach City Council on July 24, 2001.
Cooperative Agreement
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Exhibit D
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Newport C WVNewport Ridge Development Obacwty
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Cooperative Agreement
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Exhibit E
Orange County LAFCO
Condition Relating to Open Space Areas
CA 01 -06
NOW, THEREFORE, the Local Agency Formation Commission of the County of
Orange DOES HEREBY RESOLVE, DETERMINE and ORDER as follows:
Section 2. The proposal is approved subject to the following terms and
conditions:
h) Upon annexation of the territory to the city, all right, title and interest of the
County, including underlying fee where owned by the County in any and all
public roads, sidewalks, trails, landscaped areas, open space, street lights,
signals, storm drains and bridges shall vest in the City, except for those
properties to be retained by the County specifically listed by these conditions
except as otherwise agreed to by the City and the County.
Cooperative Agreement
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Exhibit F
Map of Open Space and Recreational Areas
to be Retained by County
Retained by County Exhibit F
Map of Open Space and Recreational
Areas to be Retained by County
xR 111.1
Cooperative Agreement
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WnW.D' DWNumbs
(714) 834 -4760
Robert H. Burnham
City Attorney
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658
OFFICE OF
THE COUNTY COUNSEL
COUNTY OF ORANGE
10 CIVIC CENTER PLAZA
MAILING ADDRESS: P.O. BOX 1379
SANTA ANA, CA 92702 -1379
(714) 934.3300
FAX(714) 104-2359
November 15, 2001
BENJAMIN P. de MAYO
COUNTY COUNSEL
JAMES F. MEADE
DEBORAH M. GMEINER
ASSISTANTS
EDWARD N. DURAN
ANN B FLETCHER
RICHARD D. OVDIDO
AMY IL MORGAN
HOWARD SERBDI
MARGARETB.EASTMAN
ROBERT AUSTIN
DANA J. STILE
DONALD H. RUBI N
JAN T. MARTIN
BARBARAL STOCKER
MARIANNE VAN RIPER
JAMES L TURNER
JAMES C HARMAN
NICHOLAS S CHRISOS
JULIE I AGIN
THOMAS F. MORSE
LAURA SHADE
WANDA S FLORENCE
DANIEL H. SHEPHARD
HOPE B SNYDER
JOYCE RBEY
THOMAS C. AGIN
PAULA A- WHALEY
SHERJE A CHRISTENSEN
THOMAS A- MB1XR
ADRIENNE S BECKMAN
SIEVEN C. MILLER
KARYN J. DRBiSSEN
ALEXANDRA G. MORGAN
KAREN R PAATFIR
CAROLYN S FROST
JIM PERSINGER
ROBERTNERVAIS
GEOFFREY K. HUM
BETHL' LEWIS
JACK W. GOLDEN
LAURA 5 KNAPP
CHRISTOPHER I. MRXER
JEFFREY M RICHARD
ROBERT G. OVERBY
ROGER P. FREEMAN
DANIEL P. TORRES
NICOLE A- SIMS
JOHN H. ABBOTT
NDUM G. DAFTARY
MICHELLE L PALMER
VERONICAR. PAWLOWSKI
WARD BRADY
JEANNIE SO
CHRISTOPHER M. DARGAN JAMES C. HARVEY
JANEf1EMBROCK
RIMAL GHANDOUR
RACHELM BAVIS
')7 -as,
Re: Cooperative Agreement for Processing Newport Coast Land Use Approvals
Dear Mr. Burnham:
This transmits, for your records, a fully executed copy of the above Cooperative
Agreement as approved by the Board of Supervisors on October 23, 2001 along with a related
minute order. If there are any questions regarding this matter, please do not hesitate to contact
me.
Very truly yours,
BENJAMIN P. de MAYO
COUNTY COUNSEL
cc: Nick Chrisos
Encolsure
ORANGE COUNTY BOARD OF SUPERVISORS
October 23, 2001
SubmittineAeencv/Department. PLANNING AND DEVELOPMENT SERVICES
Approve agreement with City of Newport Beach for processing of land use approvals in Newport Coast - District 5
(Continued from 9/25/01, Item 15; 10/2/01, Item 15)
The fotioudng is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER O
Unanimous ®. (1) SMITH: Y (2) SILVA: Y (3) SPIT2ER: Y (4) CORD: Y (5) WILSON: Y
Vote Key: P =Yes; N =No; A= Abstain; X= Excused;" B.O. =Board Order
Documents accompanying this matter:
0 Resolution(s)
O Ordinances(s)
0 Couttact(s)
_iem No. 18
Special Notes:
Copies sent to:
I certify that the foregoing is a true and correct copy of the Minute Order
adopted by the Board of Supervisors, Orange County, State of California.
DARLENE L BLOOM, Clerk of the Board
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