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HomeMy WebLinkAbout04 - Harbor Cove TractsTO: Mayor and Members of the City Council FROM: Public Works Department September 13, 1999 CITY COUNCIL AGENDA ITEM NO. 5 CONI�I L M DQ No . SUBJECT: ACCEPTANCE OF TRACT NO'S. 15011, 15222 & 15243 AND LOT F IN TRACT NO. 15222 (HARBOR COVE TRACT) DEVELOPER: THE IRVINE COMPANY RECOMMENDATIONS: Accept the Offer of Dedication of the open space parcel, Lot F, Tract No. 15222 in the Harbor Cove development and authorize the City Manager and City Clerk to accept the offer of dedication; and direct the City Clerk to have the Offer of Dedication recorded in the Office of the Orange County Recorder. 2. Adopt Resolution No. 99- accepting the dedication of Lot F of Tract No. 15222; and direct the City Clerk to have the Resolution recorded in the Office of the Orange County Recorder after the Offer of Dedication has been recorded. 3. Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No's. 15011, 15222 & 15243. 4. Authorize the City Clerk to release the faithful performance bonds for Tract No's. 15011, 15222 & 15243 (Bond No. 111 3322 4680 for Tract No. 15011; Bond No. 111 3321 6280 for Tract No. 15222; and 1113322 4698 for Tract No. 15243). 5. Authorize the City Clerk to release the labor and material bond for Tract No's. 15011, 15222 & 15243 in six months provided no claims have been filed (Bond No. 111 3322 4680 for Tract No. 15011; Bond No. 111 3321 6280 for Tract No. 15222; and 111 3322 4698 for Tract No. 15243). 6. Approve an Encroachment Agreement with the Harbor Cove Community Association for the construction of non - standard street improvements; authorize the Mayor and City Clerk to execute the Agreement; and, authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder. 7. Introduce an ordinance providing for enforcement of the California Vehicle Code on the roads within the Harbor Cove Development. SUBJECT: ACCEPTANCE OF TRACT NO'S. 15011,15222 & 15243 AND LOT FIN TRACT NO. 15222 (HARBOR COVE TRACT) September 13, 1999 Page 2 DISCUSSION: The City Council approved Tentative Tract No. 15011 requiring the dedication of Lot F in Final Tract No. 15222 for open space purposes pursuant to the terms and conditions of a separate instrument (Circulation Improvement and Open Space Agreement [CIOSA]). An Offer of Dedication has been prepared for acceptance of Lot F of Tract No. 15222 and must now be accepted by the City to complete the dedication process. An exhibit is attached for reference. Maintenance of the vegetation in Lot F will remain the responsibility of the developer until the native vegetation has been established in accordance with the environmental document as determined by LSA Associates, Inc. which is monitoring the establishment of the vegetation. LSA Associates anticipates that the required coverage will be attained within 1 year and the maintenance will be released to the City. The public improvements constructed in conjunction with Tract No's. 15011, 15222 & 15243 have been inspected and are satisfactory for acceptance. The public improvements included: a) Construction of the on -site water and sewer systems. b) Construction of 12 -foot wide sidewalk along the Jamboree Road and a portion of the San Joaquin Hills Drive frontages. c) Jamboree Road at Santa Barbara Avenue intersection improvements. d) A 12 -foot wide asphalt and 6 -foot wide decomposed granite bluff top trail constructed around the perimeter of the development. These improvements will be maintained by the City. Private improvements included: a) Construction of the on -site private street improvements. b) Storm drain improvements including the retention basins and street lighting improvements. These improvements will be maintained by the Harbor Cove Community Association. An Encroachment Agreement has been executed by the Harbor Cove Community Association for maintenance of non - standard pavement, curbs, gutters, sidewalks, guard house and gate improvements constructed by the developer within the Harbor Cove development which are located over City easements. The Harbor Cove Community Association will be responsible for the maintenance and restoration of the non - standard improvements and hold the City harmless of all liability associated with the existence of SUBJECT: ACCEPTANCE OF TRACT NO'S. 15011, 15222 & 15243 AND LOT FIN TRACT NO. 15222 (HARBOR COVE TRACT) September 13, 1999 Page 2 these improvements. The non - standard improvements are constructed at the entrance and across a bridge structure, which contain water and sewer improvements. Enforcement of the California Vehicle Code within the Harbor Cove Development was a condition of approval for Tentative Tract No. 15011. The roads within the development are essentially complete and the necessary traffic control devices have been installed. The Ordinance will be reread and adopted at the September 27,1999, meeting of the City Council. Respectfully Lied, 1:Webb Public Works Director By: R haci rd L. Hoffstadt, P.E. Development Engineer Attachments: Exhibit "A ", Site Plan Exhibit "B ", Offer of Dedication Exhibit "C ", Resolution excepting the Offer of Dedication Exhibit "D ", Encroachment Agreement for Non - Standard Improvements Exhibit "E ", Ordinance to provide Vehicle Code Enforcement F: \UserslPBw\\ Shared\ COUNCIL\ Fy99 -00\September- 13VAD- TR15011, 15222, 15243.dx EXHIBIT "A" EXHIBIT "B" PLEASE RECORD AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 (Space above this line for recorders use only) OFFER OF DEDICATION LOT F TRACT NO. 15222 (Newporter North) THIS OFFER OF DEDICATION ( "Offer") is made as of this �1 day of December, 1998, by The Irvine Company, a Delaware corporation (hereinafter referred to as ( "OFFEROR ") in favor of the City of Newport Beach, a California municipal corporation and chartered city (hereinafter referred to as ( "CITY "), with reference to the following facts: RECITALS A. OFFEROR is the owner of fee title to all of that land included in .Tract No. 15222 (the "Project ") in the City. Tract No. 15222 is included in and governed by the provisions that certain Circulation Improvement and Open Space Agreement (the "CIOSA") entered into effective June 30, 1993, and recorded as Document No. 93- 0479122 in the Official Records of Orange County, California as amended by an instrument recorded as Document No. 96 -0151033 in such Official Records. B. One condition to the recordation of the Final Map for Tract No. 15222 was the OFFEROR offer to dedicate Lot F, inclusive, as shown on that map to the CITY, consistent with the terms and provisions of the CIOSA. B. All non - monetary encumbrances, covenants, conditions, restrictions, reservations, rights, rights of way, easements and other matters of record or apparent; C. The requirement that CITY accepts the property (a) without any warranty concerning suitability for CITY's intended use of the property, and (b) without any warranty concerning the absence of hazardous or toxic materials, CITY acknowledges that OFFEROR has not made any representations or warranties concerning the condition of the Property except as expressly contained in this OFFER; D. Usual and customary exceptions to title insurance consistent with ALTA policies with regional exceptions (Standard Coverage) issued by First American Title Insurance Company in Orange County, California. E. A reservation of any and all water, water rights or interests therein t.. appurtenant or relating to the Property owned or used by OFFEROR in connection with or with respect to the Property (no matter how acquired by OFFEROR), whether such water rights shall be riparian, overlying, appropriative, littoral, percolating, prescriptive, adjudicated, statutory or contractual, together with the right and power to explore, drill, re -drill and remove the same from or in the Property, to store the same beneath the surface of the Property and to divert or otherwise utilize such water, rights or interests on any other property owned or leased by OFFEROR; but without, however, any right to enter upon or use the surface of the Property in the exercise of such rights; F. A reservation of any and all natural oil, oil rights, minerals, mineral rights, natural gas rights and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the foregoing, that may be within or under the Property, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same A] from the Property or any other land, including the right to whipstock or directionally drill or mine from lands other than the Property, oil or gas wells, tunnels and shafts into, through or across the subsurface of the Property and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits hereof, and to re -drill, re- tunnel, equip, maintain, repair deepen and operate any such wells or mines; but without, however, the right to drill, mine store, explore or operate through the surface or the upper 500 feet of the subsurface of the Property; G. A reservation of easements as needed for installation of utilities required to serve development on other properties of OFFEROR, to perform habitat mitigation in or adjacent to environmentally sensitive habitat areas to mitigate for development impacts on development parcels, for public rights -of -way, and for temporary construction access and staging; and H. The following covenants (the "Covenants "): (1) that the Property will be used for park purposes consistent with the CI OSA; (2) that the OFFEROR will have the right to review and comment on future park plans and improvement plans for the Property; (3) that the CITY will not require the OFFEROR to provide, directly or indirectly, for parking related to public use of the Property; (4) that the CITY will maintain the Property in a safe condition; and (5) that the CITY will not abandon the Property nor transfer it or any portion of it to a third party without OFFEROR's prior written consent, which consent will not be withheld if the transfer is to another public entity for open space or park purposes. n 11 3. MATTERS RELATED TO COVENANTS A. Amendment. The Covenants may be amended by mutual agreement of OFFEROR and CITY. Any amendment must be recorded in the recorder's Office. County of Orange, California. B. Term. The Covenants shall run with and bind the Property and shall inure to the benefit of and be enforceable by OFFEROR, its successors and assigns, in perpetuity, unless OFFEROR records a declaration terminating the Covenants. C. Default and Remedies. In the event of any breach, violation or failure to comply with any of the Covenants which has not been cured within thirty (30) days after written notice from OFFEROR to do so (or if any such breach, violation or failure cannot be fully cured within such thirty (30) day period, then upon failure of CITY to commence such cure within such period and thereafter to diligently complete such cure to OFFEROR's reasonable satisfaction), then OFFEROR in its sole and absolute discretion may enforce any other rights or remedies to which OFFEROR may be entitled by law or equity, other than the remedy of damages. It is recognized that a violation by CITY of one or more of the Covenants may cause OFFEROR to suffer material injury or damage not compensable in money and that OFFEROR shall be entitled to bring an action in equity or otherwise for specific performance to enforce compliance with the Covenants or an injunction to enjoin the continuance of any such breach or violation thereof. D. Waiver. No waiver by OFFEROR of a breach of any of the Covenants and no delay or failure to enforce any of the Covenants shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other restrictions or conditions. No waiver of any breach or failure of any of the Covenants shall be implied from any omission by OFFEROR to take any action or account of such breach of failure if such breach or failure persists or is 5 repeated, and no express waiver shall affect a breach or failure other than as specified in said waiver. The consent or approval by OFFEROR to or of any act by CITY requiring OFFEROR's consent or approval shall not be deemed to waive or render unnecessary OFFEROR's consent or approval to or of any subsequent similar acts by CITY. E. Cost of Enforcement. In the event any declaratory or other legal or equitable action or proceeding shall be instituted between OFFEROR and CITY to enforce any provisions of these Covenants, the party prevailing in such action shall be entitled to recover from the losing party or parties its costs and expenses, including court costs and reasonable attorneys' fees. 4. PROCEDURES FOR CONVEYANCE OF TITLE A. Conditions to Acceptance. This offer is made without conditions to its acceptance. B. Acceptance Procedure. The Offer shall be accepted by CITY by resolution or other official action appropriate to the powers of and laws governing CITY, a notice of which action shall be recorded in the Official Records of Orange County, California. The recordation of such notice shall be deemed the date upon which fee title to the Property is transferred to CITY. In the event a separate deed is required. OFFEROR shall promptly prepare such a deed consistent with the terms and conditions of this OFFER and cause it to be executed and delivered to the CITY for recordation. C. Notice Upon Acceptance. Promptly after acceptance of this Offer by CITY, it shall mail or deliver a copy of its resolution or other action of acceptance to the OFFEROR pursuant to the notice provisions of the CIOSA. 6 5. MISCELLANEOUS A. Effect of Acceptance. Approval as well as acceptance by CITY of this Offer shall constitute City's agreement to be bound by all of the terms, conditions, restrictions, exclusions and reservations included in this Offer. B. Captions. The captions used herein are for convenience only and are not a part of this instrument and do not in any way limit or amplify the scope of intent of the terms and provisions hereof. C. Application to OFFEROR. Notwithstanding anything herein contained to the contrary, if OFFEROR (or any Successor as defined in Section 5 D. below) re- acquires title to the Property or any portion thereof, the provisions of this instrument shall automatically cease and terminate as to such re- acquired property and be of no further force or effect as to OFFEROR or such Successor. D. Successor. The term "OFFEROR" as used in this Offer shall also mean and include any "Successor" of OFFEROR, which term is used in this Offer to mean and refer to: (i) any person or entity which acquires ten percent (10 %) or more of the assets of OFFEROR; (ii) any division, subsidiary, group, operating company or wholly -owned entity of OFFEROR; (iii) any Real Estate Investment Trust or other entity formed by or though the efforts of OFFEROR; (iv) any entity resulting from a merger with or an acquisition by or of OFFEROR; and (v) any person or entity owning the majority of stock or other ownership interest in either OFFEROR or any entity described in (i) through (iv) of this subsection D. E. Compliance with Law and Satisfaction of Obligations. This Offer is made expressly upon the understanding that this Offer is in compliance with and fully satisfied all lawful enactments and conditions of the CITY requiring an offer of dedication for the Property in relation to the development of the Project. If it is determined by CITY or any court of law or equity at any time following execution of this Offer that it fails to meet that understanding, then OFFEROR shall have the absolute right to declare this Offer void, and this Offer shall thereafter have no further force and effect. In that event CITY shall deliver to OFFEROR upon request a recordation quitclaim of this Offer, which duty shall survive OFFEROR's written election voiding this Offer. F. Binding Effect. Except as otherwise provided herein, all terms, conditions, restriction, exclusions and reservations of this Offer, and the acquisition of all or any portion of the Property by acceptance thereof, shall be binding upon and inure successors and assigns. IN WITNESS WHEREOF, OFFEROR and CITY have caused this Offer to be executed by their respective duly authorized officers as of the date first set forth above. OFFEROR THE IRVINE COMPANY, A Delaware corporation By: Joseph D. Davis 8 Executive Vice President Daniel C. Hedigan Assistant Secretary CITY consents to the recordation of this Offer and concurs that this Offer complies with the requirements of the CIOSA and conditions attached to Tract No. Dated: By: City Manager Approved as to form: City Attorney ATTEST: City Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On this Sarn S 199, before me, the undersigned, a Notary Public in and for said State, personally appeared JOSEPH D. DAVIS and DANIEL C. HEDIGAN, known to me to be the Executive Vice President and Assistant Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its Bylaws or a resolution of its Board of Directors. WITNESS my and official seal. S No ry Public in and for sai to Lz n% I STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On this . 199_, before me, the undersigned, a Notary Public in and for said State, personally appeared and _ * known to me (or proved to me on the basis of satisfactory evidence) to be the and of the City of Newport Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its Bylaws or a Resolution of its Board of Directors. WITNESS my hand and official seal. Notary Public in and for said State 10 RESOLUTION NO. 99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING THE DEDICATION OF LOT F AS SET FORTH IN TRACT MAP FOR TRACT NO. 15222 AND RECORDED IN BOOK 733 PAGES 18 -22 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE ORANGE COUNTY RECORDER. WHEREAS, the City of Newport Beach approved Tentative Tract No. 15011 on January 9, 1995, which established Lot T as an open space parcel; and WHEREAS, Lot F of Final Tract 15222 is the same parcel as Lot T of Tentative Tract No. 15011; and WHEREAS, pedestrian trails are located in Lot F of Tract 15222; and WHEREAS, pedestrian trail improvements have been completed in Lot F of Tract 15222; and WHEREAS, the dedication of Lot F of Tract 15222 must be accepted by the City of { Newport Beach before the trails can be opened to the general public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the dedication of Lot F of Tract 15222 is hereby accepted; and BE IT FURTHER RESOLVED that the Mayor be authorized to execute the Resolution of Acceptance, to be recorded in the Office of the Recorder of the County of Orange. ADOPTED this day of 1999. Mayor ATTEST: City Clerk RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659 -1768 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (Tract No. 15222) EXHIBIT D THIS AGREEMENT is made and entered into this day of 1999, by and between Harbor Cove Community Association (hereinafter "OWNER "), and the City of Newport Beach, California, a municipal corporation organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, (hereinafter "CITY"). "OWNER" is the owner of the existing non - standard improvements located within the Harbor Coves, private street, right -of -way constructed with Tract No. 15222, Newport Beach, Recorded in Book 733, Pages 18 through 22 inclusively Miscellaneous Maps in the office of the County Recorder of Orange County, California; WITNESSETH: WHEREAS, OWNER desires to allow and maintain existing non - standard improvements and construct/maintain non - standard improvements (hereinafter "PERMITTED IMPROVEMENTS ") within Harbor Cove's street/easement right -of -way (hereinafter "RIGHT -OF -WAY") that is located within Tract No. 15222 in Newport Beach, California; and WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with CITY'S ability to construct, operate, maintain, and replace CITY and other public facilities and improvements within RIGHT -OF -WAY; and WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to reconstruct and maintain said PERMITTED IMPROVEMENTS; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as patterned pavement, curbs, gutters, sidewalk, guard house, gates and appurtenances in RIGHT -OF -WAY as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. i 2. CITY will permit OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within RIGHT -OF- WAY, all in substantial conformance with plans and specifications on file in the CITY. CITY will further allow OWNER to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 3. Rights granted under this Agreement may be terminated by CITY upon determination by CITY that the PERMITTED IMPROVEMENTS unreasonably interfere and obstruct CITY's access to RIGHT -OF -WAY by giving 60 days' notice, specifying in said notice the date of termination. CITY shall incur no liability whatsoever in the event of the termination of this Agreement, or subsequent removal of improvements by CITY. 4. OWNER and CITY further agree as follows: a. OWNER may construct and install PERMITTED IMPROVEMENTS and appurtenances incidental thereto, in substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department, and as described on Exhibit "A" hereto attached. b. OWNER shall maintain the PERMITTED IMPROVEMENTS in accordance with general prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY -owned pipeline, conduit or cable located in or under said PERMITTED IMPROVEMENTS, except as otherwise provided herein. c. If City or other public facilities or improvements are damaged by the installation or presence of PERMITTED IMPROVEMENTS, OWNER shall be responsible for the cost of repairs. d. Should CITY be required to enter onto said RIGHT -OF -WAY to exercise its primary rights associated with said RIGHT -OF -WAY, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS, as required, and in such event: (i) CITY shall notify OWNER of its intention to accomplish such work, if any emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iii) CITY agrees to bear only the cost of any removal of the PERMITTED IMPROVEMENTS affected by such work by CITY; F Vv) OWNER agrees to pay all costs for renewal or restoration of the PERMITTED IMPROVEMENTS. 5. In the event either party breaches any material provision of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement, and, in the event the breaching party is OWNER, CITY may enter upon the RIGHT -OF -WAY and remove all or part of the improvements installed by OWNER. Termination because of breach shall be upon a minimum of ten (10) days' notice, with the notice specifying the date of termination. In the event of litigation commenced with respect to any term or condition of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs incurred. 6. OWNER shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all lass, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when outside attorneys are so utilized), regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of the PERMITTED IMPROVEMENTS. 7. OWNER agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of OWNERS' interest in the land whether fee or otherwise, and shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first -above written. APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk Aew+sxa+y� 3 CITY OF NEWPORT BEACH, a Municipal corporation By: Mayor OWNER: By: EXHIBIT "A" TRACT NO. 15222 LOT F — {�EWPORTER WAY ENHANCED PAVING Tr;Acr ND Wm GATE AREA PAR 735/10-4 GUARD HOUSI AREA SHEET 1 OF 1 SHEETS] 28 121 J 26 J 25 J 241 23 122 /21 INS 10111 MENEM 161.61•- - 11213141516 Tf;61CT NOO 752r ?2 Ell M M l 3 3 1 ti Zrz JAMBOREE 1 ROAD al I� rr STANDARD PACIFIC MY awy m"rfhw dltd /asfa mnq mis,*rnia 988 ' MDSW*u A,os •coNs�L T,�a coomm mom S CHLRn 17320 IIMhY A.wMw. Suit. (9a9) 231 -6821 G 92611 FAX 231 -0316 KAHN= 040MEMNO sIIRYEYIN6 7 t \325100AE)OWMCW -W.d.9 2/22/99 1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of pD v On �// , before me, DM �/}� personaly appeared �/�C /aL/ I ss. ❑ personally known to me roved to me on the basis of satisfactory evidence to be the person hose na) is ar subscribed to the within instru and acknowledged to me that he /sh a xecuted SMYCOSHAUNALYNOYIBt the sam in his/he ei authorized Commission # 116414P cagpacl s , and that '-15-y P is/he air mm.Expirtmn�r Notarypubqc .�fQ s i natur s n the instrument the erso s , or ��h the entity upon behalf of which the person {g .2f7ot acted, executed the instrument. �etWITN my hen n official se Place No" Seal Aoae �be QWQWV POW OPTIONAL Though the information below is not required by law, It may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity0es) Claimed by Signer Signer's Name: ,.. ❑ Individual a Top of 01 b tlets ❑ Corporate Dffit�r— Title(S): ❑ Partner — ❑ Umited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 "&"W Na" ASSO Wn.9390 0e Sq AM, PA. BOX 2402' C1WSWOM CA 91313.2402 Prod NO. 3907 ReOW CIA TOOfM 1-0004764027 EXHIBIT "E" ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 12.66.090 TO THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR APPLICATION OF VEHICLE CODE TO PRIVATE STREETS IN THE HARBOR COVE DEVELOPMENT (TRACT NO'S. 15011, 15222 & 15243) WHEREAS, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS as follows: Section 1: Section 12.66.090 is added to the Newport Beach Municipal Code to read "Section 12.66.090 Application of Vehicle Code to Private Roads in the Harbor Cove Development. The provisions of the California Vehicle Code shall apply to the following private streets in the Harbor Cove Development: Arch Bay Drive High Bluff Drive Newporter Way Sea Ridge Drive Spring Tide Drive Section 2: The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. Section 3: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 131' day of September 1999, and adopted on the 271° day of September, 1999, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK