HomeMy WebLinkAbout2023-20 - Declaring a Portion of Eastbluff Park Located at 2401 and 2555 Vista del Oro, Newport Beach, California as Serving an Agency Use and Further Declaring that Portion as Exempt Surplus LandRESOLUTION NO. 2023-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DECLARING A
PORTION OF EASTBLUFF PARK LOCATED AT 2401
AND 2555 VISTA DEL ORO, NEWPORT BEACH,
CALIFORNIA AS SERVING AN AGENCY USE AND
FURTHER DECLARING THAT PORTION AS EXEMPT
SURPLUS LAND
WHEREAS, the City of Newport Beach ("City") is the owner of that certain real
property known as Eastbluff Park located at 2401 and 2555 Vista del Oro, Newport Beach,
California, identified by Assessor Parcel Numbers 440-161-06 and 440-161-05, and
depicted in Exhibit "A," which is attached hereto and incorporated herein by reference
("Property");
WHEREAS, the Property was conveyed to the City by The Irvine Company
("TIC") by grant deed which is attached hereto as Exhibit "B," and incorporated herein
by reference ("Deed");
WHEREAS, the Deed restricts the use of the Property to a public park and other
public facilities including a fire station, public library, and a community center building for
cultural and recreational purposes in addition to its use as a public park ("Deed
Restriction");
WHEREAS, in accordance with the Deed Restriction, the City established
Eastbluff Park at the Property and is identified in the Recreation Element of the Newport
Beach General Plan as a public park that serves the community;
WHEREAS, since June 30, 1971, in accordance with the Deed Restriction, the
City has leased a portion of the Property as depicted in Exhibit "C," which is attached
hereto and incorporated herein by reference ("Premises") to the Boys & Girls Clubs of
Central Orange Coast ("BGC") and its predecessors, for the operation of a recreation
center for boys and girls;
WHEREAS, on February 1, 1978, the City and Newport -Mesa Unified School
District ("District") entered into a license agreement for the City and BGC to utilize a
portion of the District's property, as depicted in Exhibit "C" ("District Property"), adjacent
to the Premises for use of basketball courts to serve the community;
WHEREAS, BGC has continuously operated both the Premises and the District
Property as a single recreation facility in accordance with the Deed Restriction;
Resolution No. 2023-20
Page 2 of 4
WHEREAS, the City proposes to enter into a new lease agreement with BCG for
the Premises to continue operating a recreation center to serve the community
consistent with the allowed uses in the Deed Restriction;
WHEREAS, Government Code Section 54220 et seq. ("Surplus Land Act") sets
forth specific requirements for the disposal of real property where the property is no
longer required for the agency's use and is not declared exempt surplus; and
WHEREAS, a public meeting was held by the City Council on April 25, 2023, in
the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public meeting was given in accordance with
California Government Code Section 54950 et seq. ("Ralph M. Brown Act").
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The Premises which is located within Eastbluff Park and identified in
the City of Newport Beach General Plan as a public park serves an "agency use" as that
phrase is defined in Section 54221 of the California Government Code. Therefore, the
Premises are not subject to the Surplus Land Act. The Premises have been utilized for
a significant period of time as a community -serving recreational center that promotes the
goal of providing a public benefit, pursuant to Council Policy F-7 and complies with uses
identified in the Deed Restriction.
Section 2: Additionally, the Premises are exempt surplus land pursuant to
Section 54221(f)(1)(G) of the California Government Code since the Deed Restriction
prohibits the use of the Premises for residential purposes and any violation of the Deed
Restriction would result in reversion of the Premises back to TIC.
Section 3: The City Manager is hereby authorized to do all things which are
necessary or proper to effectuate the purpose of this resolution, and any such actions
previously taken are hereby ratified and confirmed.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2023-20
Page 3 of 4
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly. Additionally, adoption of this resolution is categorically exempt pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines. Section 15301
(Existing Facilities) exemption includes the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of public or private structure, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
underlying action involves entering a lease, and, meets the criteria for an exemption
pursuant to Section 15301.
Resolution No. 2023-20
Page 4 of 4
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 25th day of April, 2023.
ATTEST:
Leilani'I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
o.- C, I I - i"
Aarbn C. Harp
City Attorney
li:-'tIFoV-f'"
Attachment(s): Exhibit A — Property Depiction
Exhibit B — Grant Deed
Exhibit C — Premises and District Property Depiction
EXHIBIT A
I176 0
• DEED
TEE IRVMW CWANr, a corporation organised and existing under the
laws of the State of Kest Virginia, does 'hereby, grant to the CITY OF NEilPORT
BEACS, a m►axicipal.corporation organized and existing in the State of Califorstis', ;
wader and by virtue of a charter duly ratified and approved, vithaut
..• •coneideration, -and upon sad subject to the conditions hereinafter sat forth,
the real property in 'the City of Newport Beach, County, of Orange, State at
{, California, together, with the trees, ehrube, landscaping qnd other. improvemiate ..
'. thereon, described at follows ;
• � is ,.
That rtion of Black
2 of y 5 Irvine's Subdivision in the City, of -
Beach �,••�.: •;.: .
Newport ,,County of Orange, State of California, as per map re -
corded in Book 1, 'Page 88 of Miscellaneous Record Maps in the oftiae• .!
--'Of the County Recorder of said County, described as follows:
ffi7 MGnXO at the 'intersection of the centerline of Vista �•'•
del Oro, 60 feet wide, with the centerline of Vista del Sol,
130 feet wide, ea•shid intersection is ehowa on a maPof
Tract No. 5463 recorded in,Book 1951 Pages 41 to 44inclusive
of Miscellaneous Maps, records of said County; theaee South
2547' 00" hest 100.00 Peet along sgid centerline of Vista del Ckro
to the beginning of a 'curve concave northwesterly having a radius.
OP 532.00 feet; thence -southwesterly and westerly 533.11 feet
along said curve through an angle of 55' 20' OB" to a point an •'
a non -tangent line, a radial line of said curve to said point
bears South 80.32' W' East; thence North 15* 34' 2611 Nest
`r• 30.22• feet to d point, hereinafter referred to as Point "'SO
on s non -tangent curve concave northwesterly having a radius
of 522.00 feet, said curve being concentric with and 30.00 feet.
northwesterly ;assured radially freak the last mentioned curve
having a radius of S52.00 feet, a radial line of said curve
' said Point "B" bears South 8' 29, 41" East; thence continuing
''• North 15. 34, 26" Kest 487.67 feet; thence North b6° 00' 00"
West 1214.26 Peet to a point, hereinafter referred to as
Point "C", on a non -tangent curve eonceve northwesterly having'"'
a radius of 730.00 feet, a radial line of said curve to said.
point bears South 4o' 57, 15" East; thence North b0' 5-f 15" ':'
West 30.00 feet along said radial life to a point on a son-
tangent curve concave northwesterly ;having aaadius of 700.00
feet , said durve being concentric with the last mentioned
curve having &'radius of 730.00 feet; thence northeasterly
Page �' • '
3
-J(AI1 Z rr- aA
• i
and northerly 581.50 feet along said curve having a radius
of 00.00•feet
7 through an angle or 47' 16' 12" to a pout,
a radial line of said curve to said•pointi bears South.
88' 331 27" East; thence South 88' 33' 27" East 102.52
feet along the easterly prolongation of said radial
line; thence'South 1' 26' 33" Hest 30.00 feet to a point herein -
of
ter referred to as Point "'A"; thence South 3' 54' 22" East
209.93 thence
e South 16'
• � 32r, �,r Bast 225.96 feet; thence
South 24 04' 35" East 47.79 feet; thence south 66' o0' 00" East '
1030.00 feet; thencb North 61" Olt 551, East 426.17 feet to a pointy••
hereinafter referred to as Point "D" on'e non -tangent curve
concave westerly having a radius of 400.00 feet, a radial line
of said curve to said point bears North 69' 37, 38" East;
thence North 69' 37' 38" East 30.00 feet along the north-
easterly prolongation of said radial line to a point on a
non -tangent curve concave westerly having is radius of 430.00 ..''
'feet, said curve being concentric with the last mentioned
curve having a radius of 400.00 feet; thence southerly and
southwesterly 346.40•feet along said Curve through an angle of',::','
46' 091 22"; thence -South 25' 47+ p0" Nest 100.00 feet to the,; '..
point of beginning..
' EET1'TM TMMMOM a strip of land 30 Meet vide for
road and utility purposes, lying easterly, southeasterly
and southerly of the following described liner
+ BEGIRM G at the hereinabove described Point "B
thence easterly and northeasterly 50T.66 feet' along said
? " curve hereinabove described or concave northwesterly
having a radius of 522.00 feet through an angle of 55'
43' 19"; thence North 25' 471 00" East 200.00'feet to the
beginning of said curve hereinabove described as concave.
westerly having a radius of 400.00 feet; thence northeasterly -
and northerly 322.23 feet along said uurve through an angle
of 46' 09' 22'1 to the hereinabove described Point "D".
ALSO MMEPTIlgO TMRMTOM a strip of land for road and
utility purposes, lying northwesterly and northerly of the %`•.'=
following described liner
BEGiNN M at the hereinabove described Point "A"; thence
North 88' 33' 27" West 58.88 feet to the beginning of a curve >:• •.{
"•' concave southeasterly having a radius of 25.00 feat; thence••
westerly and southwesterly 22.66 feet along said curve
through an angle of 86' 321 13" to the beginning of a
reverse curve hereinabove described as concave northwesterly",.;'s;.`:�°
having a radius of 730:00 feet, a radial line to said pouts •`: ,:,;' "
bears North 854 05, 40" West; thence southerly and south_
westerly 562.39 feet along said curve through an angle of
} A: 44' 08O 25" to hereinabove described Pout "C".
SUBJECT
' a) Current taxes and assessments
='. b Easements, rights of way and other matters or'reeord
or apparent.
,r';.: Fags
This conveyance is made and accepted upon and subject to the
following conditione,'vhich shall operate as conditions subsequent, and shall
apply to and bind the grantee and its successors and assigns and all other
persons acquiring any interest in said property;
That said real property shall be maintained and used by said
grantee, its successors and assigns, as a public park.
Grantee may also use said real property se a site for the con-
struetion. and maintenance of a lire station, a public library, and a commm-
ity center building for cultural and recreational purposes in addition to
ita use as.a public park.
That said real property shall be maintained aPA used by the grantee,
Its successors and assigns, for no other use or purpose except by and With
.•.the consent and approval of the grantor or its successors and assigns In
vritiag first he& and obtained. r
Should the grantee, or its successors and assigns, cease to use
said property, or any part thereof, for the purposes hereinabove specified,
or should attempt to use said property, or any part thereof, for any other
purpose, except by and vith the prior vritten consent and approval, of the
grantor or its successors and assigns, or should, the grantee, or its successors
and assigns, default in or breach any of the conditions hersinabove set forth, =
then said property, and the whole thereof, shall, revert to the grantor, its
successors and assigns, each and any of whom shall hive the right in any such
erect to re-enter and take pose"
asioc of said property, and the whole tbereofj
and oust all persons theref=M.
nAMr . MAY 7 1965'
By./�?r '
1;
'ice Br taint
„Assistant VcretzF.
(Acknowledgment)
Y.
,,'' Page..3 of 3
EXHIBIT C
DEPICTION OF PREMISES AND DISTRICT PROPERTY
District Property
L t., '*_
P*
NE(
N E W P O R T B E A C H
u r
0 40 80
Feet
BGCSA
Leased
Premises
Disclaimer:
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2023-20 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 25th day of April, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton,
Council Member Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 26th day of April, 2023.
4kkL ot bvtt,�
Leilani I. Brown
City Clerk
Newport Beach, California