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HomeMy WebLinkAbout17 - Newport Ridge Park & Crestridge ParkAgenda Item No. 17 May 14, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Recreation and Senior Services Department Laura Detweiler, Recreation & Senior Services Director 949 - 644 -3157, LDetweiler(a)newportbeachca.gov PREPARED BY: Tam Ho, Budget Analyst 9`449,- 644 -3273, THo((Dnewportbeachca.gov APPROVED: v - TITLE: Resolution No. 2013-`!x: Rejection of Part of the Irrevocable Offer of Dedication for Newport Ridge Park and Crestridge Park ISSUE: Should the City reject the land subject to an Irrevocable Offer of Dedication at Newport Ridge Park and Crestridge Park? RECOMMENDATION: 1 Reject the offer of dedication for land at Newport Ridge Park labeled Parcel B and C and all land at Crestridge Park (Attachment A). 2. Adopt Resolution No. 2013- 41 reflecting the rejection of the offer of dedication and authorizing the City Manager to execute and file with the Office of the County Recorder a Certificate of Rejection (Attachment B). FUNDING REQUIREMENTS: None DISCUSSION: The land at Newport Ridge Park and Crestridge Park is located within Newport Coast, formerly an unincorporated area of Orange County, California. Newport Ridge Park is composed of three parcels as shown in Attachment A. The "Community Center Parcel" (Parcel A) is the site of Newport Coast Community Center and the corresponding parking lot. Parcel B includes baseball fields and Parcel C houses tennis courts. Newport Ridge Park and Crestridge Park are subject to the San Joaquin Hills Local Parks Irrevocable Offer of Dedication (IOD) offered by The Irvine Company (TIC) to the County of Orange and recorded as Instrument No. 93- 0234810 on April 8, 1993 in the Official Records of Orange County, California. Upon the annexation of Newport Coast by the City in 2002, the right to accept the IOD was transferred to the City. Resolution No. 2013 -_: Rejection of Part of the Irrevocable Offer of Dedication for Newport Ridge Park and Crestridge Park May 14, 2013 Page 2 The IOD was provided by TIC pursuant to the parkland dedication requirements set forth in the Quimby Act codified in Government Code Section 66477. Once the IOD was recorded, the developer or its assignee holds title to the property until the public agency accepts the IOD and the associated title and maintenance responsibilities. In 2006, the City Council acted on a portion of the IOD and accepted Parcel A of Newport Ridge Park with the adoption of Resolution No. 2006 -31 (Attachment C) in order to facilitate the construction and operation of the Newport Coast Community Center. At that time, the City Council also adopted Resolution No. 2006 -32 (Attachment D) expressing its intent to, at a future date, reject the IOD as to Parcel C and Crestridge Park provided that the rejection of Parcel C include the establishment of an easement or similar mechanism to ensure that the sidewalk along Coyote Canyon Landfill and the sidewalk along Newport Ridge Drive through Newport Ridge Park remain open to the public. The Newport Ridge Community Association (NRCA) currently maintains Crestridge Park and Parcel B and C of Newport Ridge Park. TIC executed a grant deed in 1999 in favor of NRCA purporting to convey fee title to the dedicated areas subject to the IOD. The recommended action rejects the Offer as to Parcel B, C and Crestridge Park. By affirmatively rejecting the remaining land subject to the IOD, the City will not have ownership nor maintenance obligations for the subject area. NRCA would continue operating and maintaining these areas. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted ura & Senior Services Director Attachments: A. Map of Newport Ridge and Crestridge Parks B. Resolution No. 2013 - C. Resolution No.2006 -31 D. Resolution No. 2006 -32 Attachment A Newport Ridge & Crestridge Parks and Newport Coast Community Center , 1 art _ Eovote Eanvon Landfill ev"! A r b &+ -1 i' ` Af '•\ Pmay-_ �._.� _ - - CPIIIGI RILLS RO� JJI . �iP�� ':m ice.' 1�. ! .. •' - ���„� P� 1 . 11� tLr` -'w. 1.` .1 i,�_4t .1� _l'-� -%►!.� 1�' I'�I " �41 .1. #". mi air 0 150 300 * ••■� .rte FA �r s�'rr Feet I Attachment B RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REJECTING AN IRREVOCABLE OFFER OF DEDICATION FOR THE NEWPORT RIDGE PARK AND CRESTRIDGE PARK PROPERTIES WHEREAS, pursuant to that certain document entitled "San Joaquin Hills Local Parks Irrevocable Offer of Dedication" recorded on April 8, 1993, as Instrument No. 93- 0234810 in the Official Records ( "Official Records ") of Orange County, California (the "Offer'), The Irvine Company, a Michigan Corporation ( "TIC'), offered for dedication to the County of Orange ( "County "), certain real property located in Orange County, California known as Newport Ridge Park and Crestridge Park; and WHEREAS, Newport Ridge Park and Crestridge Park are located within that land area known as the Newport Coast, which land area was formed and located within the unincorporated area of Orange County, California; and WHEREAS, by virtue of the annexation of the Newport Coast by the City of Newport Beach ( "City ") effective January 1, 2002, County's rights under the Offer for the Newport Ridge Park and Crestridge Park were transferred to, and are now vested in the City, as evidenced by the Certificate of Completion filed by the Orange Local Agency Formation Commission in the Official Records of Orange County on November 28, 2001, as Instrument No. 2001 - 0849462; and WHEREAS, Newport Ridge Park is composed of three separate and distinct areas commonly known as: (1) the Community Center parcel, which is labeled as Parcel A on the map attached hereto as Exhibit 1, which is incorporated herein by this reference; (2) the baseball fields parcel, which is labeled as Parcel B in Exhibit 1; and (3) the tennis courts parcel, which is labeled as Parcel C in Exhibit 1; and WHEREAS, on April 25, 2006, the City Council adopted Resolution No. 2006 -31 accepting the Community Center parcel; and WHEREAS, on April 25, 2006, the City Council adopted Resolution No. 2006 -32, expressing and declaring its intent to endeavor to, at a future date, reject portions of the Offer with respect to remaining property not previously accepted by the City; and WHEREAS, the City Council of the City of Newport Beach now desires to reject the Offer as to Parcel B, Parcel C and Crestridge Park. NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The City hereby declares its intent to reject the Offer for Parcels B, C, and Crestridge Park as depicted in Exhibit 1. Section 2: The City Manager and City Clerk are authorized and hereby direct to execute and file with the office of the County Recorder for the County of Orange any other documents that might be required to memorialize the rejection of the Offer. Section 3: 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 14Th day of May, 2013. Keith D. Curry, Mayor ATTEST: Leilani I. Brown, City Clerk Exhibit 1: Depiction of Newport Ridge and Crestridge Parks A08 -00076 -2- Exhibit 1 Attachment C RESOLUTION NO. 2006- 31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING A PORTION OF THE NEWPORT RIDGE PARK PROPERTY OFFERED TO THE CITY OF NEWPORT BEACH BY THE SAN JOAQUIN HILLS LOCAL PARKS IRREVOCABLE OFFER OF DEDICATION AND RESERVING THE RIGHT OF THE CITY OF NEWPORT BEACH TO ACCEPT THE REMAINDER OF THE PROPERTY WHEREAS, pursuant to that certain document entitled "San Joaquin Hills Local Parks Irrevocable Offer of Dedication" recorded on April 8, 1993 as Instrument No. 93- 0234810 in the Official Records ( "Official Records ") of Orange County, California (the. "Offer"), The Irvine Company, a Michigan corporation ( "TIC"), offered for dedication to the County of Orange ( "County") certain real property located in Orange County, California known as Newport Ridge Park and Crestridge Park; and WHEREAS, pursuant to that certain Lot Line Adjustment No. 94 -006 recorded on March 22, 1994, as Instrument No. 94-0202108 in Official Records, the legal description of Lot 10 within Newport Ridge Park was changed to Parcels 1 and 2 of Lot Line Adjustment No. 94 -006; and WHEREAS, pursuant to that certain document entitled "Amendment No. 1 to San Joaquin Hills Local Parks Irrevocable Offer of Dedication" recorded on February 17, 1995 as Instrument No. 95-0066788 in the Official Records of Orange County, California, TIC and County agreed to substitute and replace the legal description for Crestridge Park set forth in the Offer with revised and corrected legal description ( "Amendment No. 1 "); and WHEREAS, the Newport Ridge Park and Crestridge Park are located within that land area known as the Newport Coast, which land area was formerly located within the unincorporated area of Orange County, Calffomia; and WHEREAS, by virtue of the annexation of the Newport Coast by the City of Newport Beach ( "City ") effective January 1, 2002, County's rights under the Offer for the Newport Ridge Park and Crestridge Park were transferred to and are now vested in City, as evidenced by the Certificate of Completion filed by the Orange Local Agency Formation Commission in the Official Records of Orange County on November 28, 2001 as Instrument No. 2001 -0849462; and WHEREAS, City desires to construct, operate, own and maintain a community center for use by residents of the City of Newport Beach within a portion of the Newport Ridge Park property described in Exhibit "1" and depicted on Exhibit "2" attached hereto (the "Community Center Parcel "). NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City accepts the Community Center Parcel described in Exhibit 01" and depicted on Exhibit "2 ". Section 2: The City Manager and City Clerk are authorized and directed to execute and file with the Office for the County Recorder for the Country of Orange a Certificate of Acceptance and any other documents that might be required to memorialize acceptance of the Community Center Parcel. Section 3: The City shall and does hereby retain its right to accept or reject any and all portions of the property offered to the City by and through the Offer, as amended by Amendment No. 1, including, but not limited to, Crestridge Park and the remainder of Newport Ridge Park, not expressly accepted by the City through this Resolution. Section 4: 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 25"' day of April 2006. ATTEST: CITY CLERK Attachment D RESOLUTION NO. 2006- 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENT TO, AT A FUTURE DATE, REJECT PORTIONS OF THE REMAINING PROPERTY OFFERED TO THE CITY OF NEWPORT BEACH BY THE SAN JOAQUIN HILLS LOCAL PARKS IRREVOCABLE OFFER OF DEDICATION WHEREAS, pursuant to that certain document entitled "San Joaquin Hills Local Parks Irrevocable Offer of Dedication" recorded on April 8, 1993 as Instrument No. 93- 0234810 in the Official Records (" Official Records ") of Orange County, California (the "Offer"), The Irvine Company, a Michigan corporation, offered for dedication to the County of Orange ("County") certain real property located in Orange County, California known as Newport Ridge Park and Crestridge Park; and ' WHEREAS, Newport Ridge Paris is composed of three separate and distinct areas commonly known as: (1) the "Community Center Parcel," which is labeled as Parcel "A" on the aerial photograph entitled "Newport Ridge Community Park & Center" attached hereto as Exhibit "A" and incorporated herein by this reference ( "Aerial "): (2) the "Baseball Fields Parcel,' which is labeled as Parcel 'B" on the Aerial; and (3) the "Tennis Courts Parcel," which is labeled as Parcel "C" on the Aerial; and WHEREAS, Newport Ridge Park and Crestridge Park are located within that land area known as the Newport Coast, which land area was formerly located within the unincorporated area of Orange County, California; and WHEREAS, by virtue of the annexation of the Newport Coast by the City of Newport Beach ( "City's effective January 1, 2002, the County's rights under the Offer for the Newport Ridge Park and Crestridge Park were transferred to and are now vested in the City, as evidenced by the Certificate of Completion filed by the Orange Local Agency Formation Commission in the Official Records of Orange County on November 28, 2001 as Instrument No. 2001 -0849462; and WHEREAS, on April 25, 2006, the City adopted Resolution No. 2006 -31 accepting the Community Center Parcel; and WHEREAS, the City desires to express its intent to endeavor to, at a future date, to reject portions of the Offer with respect to remaining property not previously accepted by the City; NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: It is the intent of the City to endeavor, at an appropriate future date and consistent and in accordance with all applicable legal requirements including, but not limited to the Subdivision Map Act, to reject the portion of the Offer as to those areas known as the "Tennis Courts Parcel," which is depicted on the Aerial as Parcel "C," and Crestridge Park, provided that such rejection of the Tennis Courts Parcel include the establishment of an easement or similar mechanism that ensures that the sidewalk along Coyote Canyon Landfill and the sidewalk along Newport Ridge Drive through Newport Ridge Park remain Section 2: open to the public. This resolution shall by the City Council, adopting the resolutir take effect immediately upon its adoption and the City Clerk shall certify the vote ADOPTED this 25`" day of April, 2 ATTEST: 67 na/o'-� CITY CLERK