HomeMy WebLinkAbout09 - Newport Blvd. and 32nd Street ModificationCITY OF
NEWPORT BEACH
City Council Staff Report
September 09, 2014
Agenda Item No. 9.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644 -3330,
dawebb @newportbeachca.gov
PREPARED BY: Andy Tran, Senior Civil Engineer
PHONE: (949) 644 -3315, atran @newportbeachca.gov
TITLE: Newport Boulevard and 32nd Street Modification -Approval of Two Irrevocable Offer
of Dedications of City Owned Parcels for Roadway Improvement Purposes -
Contract C -4881 (CAP12 -0009)
ABSTRACT:
Additional public right -of -way is required in order to accommodate the proposed widening of Newport
Boulevard. Partial right -of -way dedications from two City owned parcels will be recorded for roadway
improvement purposes.
RECOMMENDATION:
a) Approve two Irrevocable Offer of Dedications of City -owned parcels located at 3300 Newport
Boulevard and 3531 Newport Boulevard; and
b) Authorize the City Manager to execute the Certificate of Acceptances.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The upcoming Newport Boulevard Modification project between Via Lido and 30th Street is being
developed to improve the intersection's capacities, reduce traffic congestion, and add landscaping and
improve bicycle and pedestrian safety. This project involves widening Newport Boulevard to accommodate
one additional northbound through lane from 30th Street to 32nd Street and one additional southbound
through lane from Via Lido to 32nd Street terminating as a right -turn only lane at 32nd Street. Bike lanes
on both sides of Newport Boulevard will be extended from Via Lido to 32nd Street. The intersection at
32nd Street will be modified to improve vehicle capacity.
This project also involves the construction of raised landscaped medians, parkway trees and some
landscaping, street light modifications with upgrades to LEDs, traffic signal modifications, and signing and
pavement striping. As a result of the roadway widening and the addition of vehicular and bike lanes, on-
street parking along Newport Boulevard between Via Lido and 30th Street will be eliminated. To reduce
the on- street parking, a new public parking lot will be constructed on the former bank property located at
the northwest corner of Newport Boulevard and 32nd Street.
NE
In order to facilitate these improvements, additional public right -of -way will be required. During the August
12, 2014 City Council meeting, a Purchase and Sale Agreement was approved for the purchase of the
former bank parcels located at 3201 Newport Boulevard and 3204 Marcus Avenue. Negotiations with the
other affected private property owner are currently ongoing. In addition to these privately owned parcels,
partial roadway dedications from two City owned parcels will be required. The two affected publicly -owned
parcels are located at 3300 Newport Boulevard and 3531 Newport Boulevard and are shown on the
attached right -of -way dedication exhibit. Staff requests City Council approve these two street right -of -way
dedications.
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 dedication of City owned parcels for roadway right -of -way purposes does not require any public
hearing. However, as part of the concept design and environment phases, the preferred roadway
conceptual plan was included with the Mitigated Negative Declaration (MND) which was initially circulated
for public review from June 26, 2014 to July 26, 2014. Staff realized an inadvertent error in the public
noticing process and decided to recirculate the MND for a second 30 -day public review period which
started on August 29, 2014 and will conclude on September 29, 2014. Depending on the comments
received, the adoption of the MND is tentatively scheduled on October 28, 2014.
The proposed project concept has also been reviewed and discussed as part of the annual budget review
and adoption process.
ATTACHMENTS:
Description
Attachment A - Right-of-Way Dedication Exhibit
Attachment B - Irrevocable Offer of Dedication for 3300 Newport Boulevard
Attachment C - Irrevocable Offer of Dedication for 3531 Newport Boulevard
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NEWPORT BLVD
I
I 3300 NEWPORT BLVD
FORMER CITY HALL
PARTIAL ROADWAY DEDICATION
10,788 SF
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ATTACHMENT A
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3531 NEWPORT BLVD
GATEWAY PARK
PARTIAL ROADWAY DEDICATION
1,228 SF /
EXIST. R/W
PROP. R/W
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C -4881 9/9/14
NEWPORT BLVD AND 32ND STREET MODIFICATION
ROADWAY DEDICATION
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PROP. -
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NEWPORT BLVD
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I 3300 NEWPORT BLVD
FORMER CITY HALL
PARTIAL ROADWAY DEDICATION
10,788 SF
I
ATTACHMENT A
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3531 NEWPORT BLVD
GATEWAY PARK
PARTIAL ROADWAY DEDICATION
1,228 SF /
EXIST. R/W
PROP. R/W
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C -4881 9/9/14
NEWPORT BLVD AND 32ND STREET MODIFICATION
ROADWAY DEDICATION
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ATTACHMENT B
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City of Newport Beach
Attn: Andy Tran
100 Civic Center Drive
Newport Beach, CA 92660
EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV. & TAX CODE §11922
IRREVOCABLE OFFER OF DEDICATION
THE UNDERSIGNED:
THE CITY OF NEWPORT BEACH, A Municipal Corporation
Hereby irrevocably offer to dedicate to the THE CITY OF NEWPORT BEACH, A Municipal
Corporation, an easement for street and highway purposes, and public utilities, in, under, over
and across the following real property in the County of Orange, State of California:
See Exhibit °A" and "B" attached hereto and made a part hereof.
This irrevocable offer of dedication is made pursuant to Section 7050 of the Government Code
of the State of California and may be accepted at any time by the City Council of the City of
Newport Beach.
This irrevocable offer of dedication may be terminated and the right to accept such offer
abandoned in the same manner as is prescribed for the vacation of a street or highway by Part
3 of Division 9 of the Streets and Highways Code of the State of California.
Dated: THE CITY OF NEWPORT BEACH, A Municipal Corporation
Signature
Print
Its
APPROVED As TO FO :
q ttorney % VT
im
STATE OF CALIFORNIA
COUNTY OF
On
Public, personally
appeared
before me,
) SS.
Notary
who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Sig
FOR NOTARY STAMP
9 -5
CERTIFICATE OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property set
forth in that certain Irrevocable Offer of Dedication by and between the City of Newport
Beach, a California municipal corporation and charter city, as Grantee, and the City of
Newport Beach, a California municipal corporation and charter city, is hereby accepted
on , 2014 by the undersigned officer on behalf of the City of Newport
Beach pursuant to authority conferred by Resolution No. 1992 -82 of the City Council
adopted on July 27, 1992. The City of Newport Beach consents to the recordation of
said document in the Office of the Recorder of Orange County, State of California.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
City Attorney
ATTEST:
By:
Leilani I. Brown,
City Clerk
State of California
County of ORANGE
CITY OF NEWPORT BEACH,
A Municipal Corporation
David Kiff
City Manager
APPkOVED AS TO �IFGRM-�
D
City Attorney 1 r I If
On , 2014 before me,
Notary Public, personally appeared DAVID KIFF, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity(ies), and that by his signature on the instrument the person, or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
EXHIBIT "A"
LEGAL (DESCRIPTION
APN 423- 111 -02
Thatportion of Lot 7 of fractional Section 28, Township 6 South, Range 10 West, San Bernardino
Meridian, according to the Official Plat of said land filed in the District Land Office, August 4, 1890,
in the City of Newport Beach, County of Orange, State of California, described as follows;
Beginning at the southwest corner of Parcel 1 as shown on amap recorded in boo_ k_ 8 -5, pages 1 and 2
of Parcel Maps in the office of the County Recorder of said county;
thence along the southerly line of said Parcel 1, South 89 °51'10" East, 46.89 feet;
thence leaving said southerly line, South 00 °27'00" West, 47.25 feet;
thence North 89 °33'00" West, 7.65 feet;
thence South, 43 °47'33" West, 24.57 feet to the beginning of a non- tangent curve, concave easterly and
having a radius of 2724,04 feet, a radial line of said curve bears North 82 °21'27" West;;
thence Southerly 98.72 feet along said curve through a central angle of 02 °04'35" to the beginning of a
reverse curve, concave westerly and having a radius of 58.00 feet, a radial line of said "curve bears
South 84 26'01" East;
thence Southerly 13,75 feet along said curve through a central angle of 13'35'10";
thence South 19 °09'08" West, 36.43 feet to the beginning of a tangent curve, concave easterly and
having a radius of 42.00 feet;
thence Southerly 10.88 feet along said curve through a central angle of 14 °50'20" to -the beginning of a -
compound curve, concave easterly and having a radius of 2736.04feet, a radial lane of said curve bears
North 85 °41'12" West;
thence Southerly 62.82 feet along said curve through a central angle of 01'18'56" to the beginning of a
reverse curve, concave westerly and having a radius of 873.00 feet, a radial line of said curve beats
South 87 000'07" East;
thence Southerly 74.65 feet along said curve through a central angle of 04 °53'58" to the beginning of a
reverse curve, concave easterly and having a radius of 37.00 feet; a radial line of said curve beats
North 82 °06'09" West;
thence Southerly 9.24 feet along said curve through a central angle of 14 °18'33 ";
Page 1 of 2
&%Rrdecle1373_6 D NEWPORT BEACH SCANINWGa-epal and plot for APN 423. 111 -02LLegal 6asuiplion APN 423- 111 -02.doc
9 -7
thence South 39 °29'57" East, 29.23 feet to the northerly line of formerly "The Hudson" per Lancaster
Addition to Newport Beach recorded in book 5, page 14 of Miscellaneous Maps in the office of said
County Recorder and also shown on said niap recorded in book 85, pages 1 and 2 of Parcel Maps;
thence along said northerly line, North 89 °51'53 West, 3390 feet to the beginning of a non- tangent
curve; concave easterly and having a radius of 2754.85 feet in the easterly right of way line of Newport
Boulevard as shown on said map recorded in book 85, pages 1 and 2 of Parcel Maps, a radial line of
said curve bears North 89 °13'38" West;
thence Northerly 391.94 feet along said curve and said easterly right of way through a central angle of
08 °09'06" to the Point of Beginning.
The above - described parcel of land contains 1.0,788 square feet.
As more particularly shown on Exhibit "B" attached hereto and made a part hereof,
This real property description and accompanying plat have bee_ n prepared by me or under my direction
in conformance with the Professional Land Surveyor's Act.
OHpL [ ANpSI/
cF'
TER I G�
KAHLEN A
No, 8746
Teri Kahlen, PLS 8746 Date °A
Page 2 of 2
GARrOjernA3 73- 0600NEWPORT BEACH SCANIDWG\Leyaland Flal for APN 4234)t -021%eyal DesctiFlim APN 92 3 4 11 -02.d=
M
�Ad�Y
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SW COR
PCL 1 PMB
85/1 -2
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30'
to
4 I
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EXHIBIT 'B'
PCL I PMB 85/1 -2
47.25'
S89`51'10" E
46.89'
\i S00'27'00 'I
L — N82'21'27 "W (RAD) , S43'47'33 "W
30' - - _ 24,57'
A= 2'04'35" R= 2724.04'
L =98.72'
Zn S84'26'01 "E (RAO)
A= 13'35'10" R= 58.00'1
L= 13.75' �1
S1 9 °09`08 "W
A= 14'50'20" R= 42.00'
L= 10.88'
,N85'41'12 "W (PCC)
A= 118'56" R= 2736.04'
4
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SCALE: 1"=50'
PORTION
OF LOT 7
FRACTIONAL
SECTION 28
T.63.; MOW, S.B.M.
S87'00'07 "E ( PRC
- - - -- } - A- 4'53'58" R= 873:00' �\pPPI- L At
o TERI
a KAHLEN
8206'09 °W (pp,) No. 8746
t
/t A= 14'18'33" R= 37.00' �TgTFOF CA��
- L =9.24'
S39'29'57 "E INDICATES AN EASEMENT FOR
STREET PURPOSES
29.23' AREA = 10,788 SQUARE FEET
N89'51'53'W LANCASTER'S ADDITION MM 5/14
33.90' (THE HUDSON)
VA CONSULTING INC. REV: 0
V
TO ACCOMPANY LEGAL DESCRIPTION IN THE N0: 0373.01.0601
46 Discovery, Suite 250 COUNTY OF ORANGE, STATE OP CALIFORNIA DATE: 8. 22 14
IRVINE, CA 92618 (949) 474 -1400 NEWPORT BLVD AND 32ND STREET
SURVEYOR: TK WIDENING SHEET 1 1
--Ajk> PROJ MGR: JW DRAFTER: SRP APN: 423 - 111 -02
..
F-11 i r_[d:IITil =1 ►1941
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City of Newport Beach
Attn: Andy Tran
100 Civic Center Drive
Newport Beach, CA 92660
txtMK i FKUM KtUUKUINU Fttb YtK UUV I. UUUt $G /SGS
EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV. & TAX CODE §11922
I10 i N WNZN_\ 10.11 *o] :1 ::4:01 :0111 1][N1,1111 1 [91 L1
THE UNDERSIGNED:
THE CITY OF NEWPORT BEACH, A Municipal Corporation
Hereby irrevocably offer to dedicate to the THE CITY OF NEWPORT BEACH, A Municipal
Corporation, an easement for street and highway purposes, and public utilities, in, under, over
and across the following real property in the County of Orange, State of California:
See Exhibit "A" and "B" attached hereto and made a part hereof.
This irrevocable offer of dedication is made pursuant to Section 7050 of the Government Code
of the State of California and may be accepted at any time by the City Council of the City of
Newport Beach.
This irrevocable offer of dedication may be terminated and the right to accept such offer
abandoned in the same manner as is prescribed for the vacation of a street or highway by Part
3 of Division 9 of the Streets and Highways Code of the State of California.
Dated: THE CITY OF NEWPORT BEACH, A Municipal Corporation
Signature
Print
Its
AFPROVED AS TO <' ()R m
""ity Attomey 127 Im
s -10
STATE OF CALIFORNIA
) SS.
COUNTY OF
On before me,
Public, personally
appeared
Notary
who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatu
FOR NOTARY STAMP
9 -11
CERTIFICATE OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property set
forth in that certain Irrevocable Offer of Dedication by and between the City of Newport
Beach, a California municipal corporation and charter city, as Grantee, and the City of
Newport Beach, a California municipal corporation and charter city, is hereby accepted
on , 2014 by the undersigned officer on behalf of the City of Newport
Beach pursuant to authority conferred by Resolution No. 1992 -82 of the City Council
adopted on July 27, 1992. The City of Newport Beach consents to the recordation of
said document in the Office of the Recorder of Orange County, State of California.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
City Attorney
ATTEST:
By:
Leilani I. Brown,
City Clerk
State of California
County of ORANGE
CITY OF NEWPORT BEACH,
A Municipal Corporation
David Kiff
City Manager
AP?XOVED AS TO FORM:
V v �
City Attomey WIT
On , 2014 before me,
Notary Public, personally appeared DAVID KIFF, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity(ies), and that by his signature on the instrument the person, or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
9 -12
EXHIBIT yoAv
LEGAL DESCRIPTION
APN 423- 101 -21
That portion of the Northeast quarter of the Southwest quarter of fractional Section 28, Township 6
South, Range 10 West, San Bcrhardino Meridian, according to the Official Plat of said land filed in the
District Land Office, August 4, 1890, in the City of Newport - Beach, County of Orange, State of
California, described as follows:
Beginning at the northwest corner of Parcel 1 of Lot Line Adjustment N.B.L.L.A 80 -1 recorded April
10, 1981 in book 14016; page 73 of Official Records in the office of the County Recorder of said
County;
thence along the northerly line of said Parcel 1, South 72 °24'45" East, 23.78 feet to the begimring of -a
tangent curve, concave southwesterly and having a radius of 10.00 feet in the northwesterly corner of
the land described in a Gr n rof-Easement to the City of Newport Beach recorded July 13, 1981 in
book 14138, page 666 of said Official Records;
thence along the westerly line of the land described in said Grant of Easement to the City of Newport
Beach, the following two courses:
l) Southeasterly 13.09 feet along said curve through a central angle of 75 °00'49" and
2) South 02°36'31" West, 113.93 feet to the southerly corner of the land, described in said Grant of
Easement, also being on the easterly line of said Parcel 1 and the beginning of a non - tangent
curve, concave westerly and having a radius of 2415.05 feet, a radial ,line of said curve bears
South 82 °44'14" East;
thence Southerly 49.71 feet along said curve and the easterly line of said Parcel 1 through a central
angle of 01 °10'46" to the beginning of a non - tangent curve, concave westerly and.having a radius of
1216.98 feet, aradial line of said carve bears South 82°28'11" East;
thence leaving the easterly line of said Parcel 1, Northerly 14.09 feet along said curve through a central
angle of 00 °39'48" to the begiruring of a compound curve, concave westerly and having a.radius of
92.00 feet, a radial line of said crave bears South 83 °07'59" East;
thence Northerly 18.22 feet along said curve through a central angle of 11 °20'49 ";
thence North 04 °28'48" West, 33.58 feet to the begimung of a tangent curve, concave easterly and
having a radius of 58.00 feet;
Page 1 of 2
5?Projec(M373 MM NEWPORT BEACH SCANIDWGILegal and plat for APN 423- 101- 2111egal DescAplion APN 423-101- 21.doc
9 -13
thence Northerly 8,63 feet along said curve through, a central angle of 08 °31'20" to the beginning of a
reverse curve, concave westerly and having a radius of 1209.00 feet, a radial Iine of said curve bears
South 85 157'28" East;
thence Northerly 58.79 feet along said curve through a central angle of 02 °47'11 " to the beginning of a
compound curve, concave westerly and having a radius of 1206.00 feet, a radial line of said curve
bears South 88 °44'39" East;
thence] Northerly 21.49 feet along said curve through a central angle of 01 °01'16" to the beginning of a
compound curve, concave southwesterly and having a radius of 19.00 feet, a radial litre of said curve
bears South 87 °43'23" East;
thence Northwesterly 24.78 feet along said curve through a central angle of 7444'17";
thence North 72 °27'40" West, 8.96 feet to the westerly line of said Parcel 1;
thence along said westerly line, North 16 °57'03" East, 4.37 feet to the Point of Beginning
The above - described parcel of laird contains 1,228 square feet.
As more particularly shown on Exhibit "B" attached hereto and made a part hereof.
This real property description and accompanying plat, have been prepared by me or under my direction
in conformance with the Professional Land Surveyor's Act.
UVTeri Kahlen, PLS 8746 Date
Page 2 of 2
S: Pra rtsl3]3_C60D NEWPORT BEACH SCANIOWGRegal and plat tar APN 423 -101 211Legal Description APN 423 - 101- 21.doc
9.14
P.O.B.
NW CDR PCL 1�
N.B. LLA 80 -1
BK 14016 PG 73, OR _
N16'57'03"E
4,37'
Si224'4, f o
23 78, v
N72'27'40'W
8.96
' E (PC
F7T4 171
R= 19.00'
L =24.78'
1
PORTION OF a -
FRACTIONAL U o
SECTION 23,
T.6S., R..1DSN.
S.B.M, ro m 4
S85'57'28 "E (PCC_,
4= 831'20°
R= 58.00' 3:
L =8.63'
N
A= 11'20'49" a
R=92.00:
S83'07'59 "E (PCC)
A =0'39'48"
R= 1216.98'
L= 14.09'
RS 97/17
A= 75'00'49"
R =1000' 1 SCALE: 1 ° =30'
I L= 73.09' I
EASEMENT TO
THE CITY
PER BK 14138
VARIES PG 666, O.R.
I
M M
m _
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I
I I
I
I
i
582'44_4yE (RAD)
A -1' 7 0'46"
R= 2415:05'
L= 49.77'
VARIES
I S81'38'32 "E (RAD)
(R =1216.987)
W
K HLEN
a
No. 8746 1
INDICATES AN EASEMENT FOR STREET PURPOSES
AREA = 1,228 SQUARE FEET slgrf OF Cp�F °��\P
VA CONSULTING INC. "SHEET
TO ACCOMPANY LEGAL DESCRIPTION IN THE
AT46 QISCOY�, @ 250 COUNTY OF ORANGE, STATE OF CALIFORNIA
IRVINE, CA 92618 (949) 474 -1400 NEWPORT BLVD AND 32ND STREET
SURVEYOR: TK WIDENING
17
9 -15