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HomeMy WebLinkAbout38 - Newport Ridge Park & Crestridge Park Irrevocable Offer of Dedication - IODCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. S38 June 27, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, Assistant City Manager (949- 644 -3002) Aaron Harp, Assistant City Attorney (949- 644 -3131) SUBJECT: Resolution 2006 - : Newport Ridge Park and Crestridge Park — Decision Regarding Acceptance or Rejection of All or Parts of an Irrevocable Offer of Dedication (IOD) ISSUE: Should the City accept any more of the land subject to an Irrevocable Offer of Dedication (IOD) at Newport Ridge Park? RECOMMENDED ACTIONS: 1. Discuss the Newport Ridge Park and Crestridge Park Decision Tree and formally accept (or modify and accept) one of the options described. 2. Adopt Resolution 2006 -_ reflecting the selected option. 3. Authorize the Mayor to execute any document (Certificate of Acceptance of all or parts of the San Joaquin Hills Local Parks Irrevocable Offer of Dedication, Public Access Easement, Operating Agreement or similar document) reflecting Council's decision in Recommended Action #1. DISCUSSION: On April 25, 2006, the City Council awarded a contract to construct the Newport Coast Community Center (NCCC) at the SE corner of Newport Ridge Park (the corner of Newport Coast Drive and San Joaquin Hills Road). For additional information about the NCCC, see the staff report and meeting minutes associated with that action on the City's website (www.city.newport- beach.ca.us). As a part of the NCCC discussion, the Council adopted Resolutions 2006 -31 and 2006- 32 (attached), therefore acting on a portion of an Irrevocable Offer of Dedication (IOD) that allows any public agency with jurisdiction to take title to either Newport Ridge Park or Crestridge Park or both parks (see Diagram A). Resolution 2006 -31 authorized the acceptance of the IOD for the Community Center land. Resolution 2006 -32 expressed Newport Ridge Park and Crestridge Park /OD June 27, 2006 Page 2 the Council's intent to reject - at a future date - the IOD for Crestridge Park and for that portion of Newport Ridge Park (referred to by staff as Parcel C) that contained the tennis courts, restrooms, basketball court, tot lot, and surrounding areas. This resolution also expressed the City's intent to provide continued public access to the sidewalk that meanders through Newport Ridge Park along the landfill. Newport Ridge & Crestridge Parks (Diagram A) Who owns the land now? Today the Newport Ridge Community Association (NRCA) holds fee title to Crestridge Park and all of Newport Ridge Park except the land beneath the Newport Coast Community Center and the Center's parking lot. NRCA's ownership is subject to an IOD that can override the current ownership. An IOD is typically a requirement made by a public agency of a developer. When offered, it usually means that the developer - or its assignee - will hold title to the property until a public agency (like the City or the County of Orange) accepts the IOD (and therefore accepts title to the property, along with its maintenance responsibility). The County of Orange required The Irvine Company to irrevocably offer Newport Ridge Park and Crestridge Park to the County. After annexation by the City, the right to accept the IOD was transferred to the City. Until the IOD is accepted by the City, Newport Ridge Community Association (COA) maintains both Newport Ridge Park and Crestridge Park as private parks. More about Newport Ridge Park. In the 4 years leading up to Newport Beach's January 1, 2002 annexation of the Newport Coast, the City Council and a group known Newport Ridge Park and Crestridge Park too June 27, 2006 Page 3 as the Newport Coast Committee of 2000 (NCC2K) negotiated a Pre - Annexation Agreement (PAA) that addressed several annexation - related issues. Today, the Newport Coast Advisory Committee (NCAC) helps oversee the implementation of the PAA. The PAA required the City to do the following things upon and following annexation: 1. Form the 7- member Newport Coast Advisory Committee (NCAC); 2. Appoint a Newport Coast resident to the City's Aviation Committee; 3. Distribute $25 million over time to the Newport Coast. $18 million was to go to reduce eligible property owners' assessments (at $1.2 million a year) and $7 million was to go to build a Community Center of up to 22,000 square feet, assuming the community wanted one; 4. Investigate the administration by the County of Orange of various assessment districts in the Newport Coast; 5. Keep certain private parks private, assuming the NCAC so directs the City; 6. Maintain a police presence in the Newport Coast similar to that maintained in the remainder of the City; 7. Pay for residential curbside trash collection as long as residential curbside trash collection is done for "free" inside the city's November 1996 borders; 8. Maintain the same level of Fire and Emergency Medical Services as the Orange County Fire Authority had provided; 9. Work with Southern California Edison to underground utilities; and 10. Maintain or fund the maintenance of certain properties that cities elsewhere might typically own, including fuel modification zones, street - adjacent slopes, and street medians and parkways. Specifically, the PAA discusses both the NCCC and the City's acceptance of any relevant IODs. The section of the PAA relevant to the IODs is as follows: 13. OPEN SPACEAND RECREATIONAL FACILITIES (b) Open Space Goals. This Agreement outlines certain `Open Space Goals" that will be reviewed and refined by the Committee and submitted for confirming action by the City Council. The Committee shall make recommendations regarding those areas of open space that will remain under the jurisdiction, and the sole responsibility, of certain Associations and those areas that should be owned and /or maintained by the City. The following is a summary of the Open Space Goals" that will be reviewed and refined by Committee and may be submitted to the City Council for confirming action: (i) Coastal Canyon Park shall remain a private facility. (ii) The City Council shall lease -back to one or more homeowners associations, speclAc open space areas such as parks or portions of parks that have been, or are to be, developed, including, without limitation, Newport Ridge Park ... The lease shall be for the maximum term permitted by law and the compensation to City shall be $1 per year provided that the lessee(s) assume(s) all risk and liability related to the open space and agree to maintain the open space at no cost to the City.... Newport Rldge Park and CresfAdge Palk 10D June 27, 2006 Page 4 Following discussions with board members of the NRCA and the NCAC, the NCAC asked the City to determine how it could accept the IOD for Newport Ridge Park. If accepted, the NCAC's advice was to quitclaim or lease back the remainder of the Park to the Newport Ridge COA. On September 24, 2004, the City Council adopted Resolution 2004 -85 (attached), which directs that the City only accept that portion of the IOD that applies to the Community Center and its parking lot and that the remainder of the park be leased to the NRCA. In 2005, City Attorney Robin Clauson determined that Resolution 2004 -85's intentions were not legally achievable. Based upon a legal opinion by outside legal counsel, she opined that, if the City accepted the entire IOD for Newport Ridge Park and Crestridge Park, it could not then lease -back the portions of the parks not needed for the Community Center to NRCA to maintain as a private park without going through formal park abandonment proceedings described in State and /or County regulations. As such, she advised the City to do the following at the time: 1. Accept only a portion of the IOD beneath the Center and its parking lot; and 2. Leave the remainder of the IOD unaccepted (but not rejected) and in the same state as it has been since it was first offered. Taking the action recommended by Ms. Clauson would allow the NRCA to retain - for at least a period of time - all of Crestridge Park and all of Newport Ridge Park except the Community Center land and the Center's parking lot. Options. However, some members of the City Council have expressed an interest in controlling the ballfields and parking lot in order to meet local needs for youth soccer and youth baseball. Others, including Dan Wampole, President of the NRCA Board, want the NRCA to keep title to Newport Ridge Park, arguing that doing so is consistent with the Pre - Annexation Agreement. If the City takes over the ballfields yet stays consistent with Resolution 2006 -32, a few issues should be considered: General Services and Recreation staff believe that the ballfields do not have the correct turf material nor adequate bleachers for league ballgames. General Services staff believes that greater use of the ballfields - especially Field A, closer to the Community Center - will require an additional restroom facility. This is even more likely in the event that the current Newport Ridge Park restrooms remain private and under the control of NRCA. To address these issues and others, we have offered several options - along with a decision tree (attached) and a matrix (attached) to help the Council get to a specific option - associated with this Agenda Item. Where we have been able to identify costs associated with the options, we have provided such costs. Newport Ridge Pane and Crestndge Park /OD June 27, 2006 Page 5 COMMITTEE ACTION: The Newport Coast Advisory Committee has asserted in the past that any City action to control the ballfields is contrary to the Pre - Annexation Agreement. FISCAL IMPACT: We believe that the options should be considered with the following costs in mind: • Maintenance of the two ballfields = $40,000 annually (if added to a current contract). • Maintenance of the restrooms = $2,000 annually (if added to a current contract). • Full renovation of the ballfields = $125,500 per field, or $251,000. • Construction (and design and permitting) of a new set of restrooms = $200,000. PUBLIC NOTICE: We have informed the NCAC and the NRCA of this Agenda Item. It has also been noticed according to the Brown Act. Submitted by: Submitted by: � I - A c - urt�_ bdiwkiff Aaron Harp Assistant City Manager Assistant City Attorney Attachments: A — Resolution 2006 -31 B — Resolution 2006 -32 C — Map, including lot areas, of Newport Ridge Park D — Matrix of Options E — Decision Tree F — Written description of options G — Resolution 2006 -_, including Draft Certificate of Acceptance and Draft Certificate of Rejection H — Letter from Lois Jeffrey (38 Vienna, Newport Beach) Attachment A 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, 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 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 02" 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 "1" 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 I \d Attachment B 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, Califomia (the "Offer"), The Irvine Company, a Michigan corporation, offered for dedication to the County of Orange ("County') certain real property located in Orange County, Califomia known as Newport Ridge Park and Crestridge Park; 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 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, Califomia; and WHEREAS, by virtue of the annexation of the Newport Coast by the City of Newport Beach ( "City') 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 Section 2: 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 open to the public. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. n A ADOPTED this 250' day of April, 2 ATTEST: CITY CLERK t'V U r z w U Q H H Q 13 �4 O Z W 2 Q H Q I N N ry N YJa :' v t N: tyE�w C m f} �y w,n O OIA O U ryvt'afl Y .i'3 phi. ,' y Tom• i aT 'w z Z Z z K K o: l5ill i a Z Z Z vu U d y N N e*. 5c w •' .fie LL 3 � w N o o m :5 o z z' 0 0 y L LL z N 9 Z 9 y 3 s s�icA �v °- N o 0 0 0 0 .E, w E.ti:.;;..;:;v 2 s �. [ry��•� m �Y 1.^✓ O o � w° t� w .r20 r .y w 'y w 'y^ R'A .'.i 0 Or Z Z � (h iE.. O D v.: § yy a add O K iy : i Q Z Z ¢ t10 u Se 6 . - �E4f" N °� a O OF Z c .0 c ? Z Z Z z LIJ arii • O °- O u O m 'm O O c¢ O i S' (9 U C9 I V w r z w 2 x U Q H H Q 0 e`� Attachment F NEWPORT RIDGE PARK OPTIONS (This document was used as a part of discussions with NRCA, Council Member Curry, City Attorney Clauson, and Assistant City Manager Kiff) CURRENT STATUS: The City has recorded an acceptance of the Offer of Dedication for the SE part of Newport Ridge Park — the land beneath the Community Center and its parking lot. The City now owns that portion of Newport Ridge Park. QUESTION: What should be done with the remainder of the land? OPTION #1 — City Own, Control & Renovate Ballfields and Own and Maintain NR Drive 77 -space Parking Lot • City would accept IOD for ballfields, NR Park parking lot, and assure a public accessway along the sidewalks; • City would renovate fields (estimated cost of $251,000) to game standards, including installing small bleachers for games; • City would construct new restroom facility ($200,000) or use Community Center restrooms or seek permission to use NR Park Restrooms (variation: City could also take title to NR Park Restrooms, but those may be too far away for games at the easternmost ball diamond); • City would maintain newly- renovated fields & restrooms ($42,000 annually); • City would fully program NR Park just as it does other City parks; and • City would reject IOD for the remainder of NR Park (Parcel C) and Crestridge Park. OPTION #2 — City Own & Control Ballfields and Parking Lot, but not make any improvements at this time. • City would accept IOD for ballfields, NR Park parking lot, and assure a public accessway along the sidewalks; • City would not renovate fields until a later date or later budget year. City could also seek sports' organization sponsorship /donation of field improvements. • Restrooms would be used at the Community Center restrooms or City would seek permission to use NR Park Restrooms (variation: City could also take title to NR Park Restrooms, but those may be too far away for games at the easternmost ball diamond); • City would maintain newly- renovated fields & restrooms ($42,000 annually); • City would fully program NR Park just as it does other City parks; and • City would reject IOD for the remainder of NR Park (Parcel C) and Crestridge Park. OPTION #3 — NRCA Own, but Additional City Programming on Field A • City would not accept nor reject the IOD for ballfields and the NR Parking Lot, leaving NRCA with current title. • Asa condition of not accepting the ballfield portion, the City would require the NRCA to enter into a 20 -year Operating Agreement for the ballfields with the City. The m'^ Newport Rldge Park and Crestddge Park /OD June 27, 2006 Page 2 Operating Agreement would emphasize the ballfield adjacent to the new Community Center as a priority use field (Field A) and would set forth the following for Field A: • Types of uses (softball, baseball, lacrosse, soccer) • Hours of Use • Days of Use • Games versus Practice • Ages of participants (ie no adult leagues) • A cap on overall use — so if Field A is used 20% of the available time today, that use might go to 35 %, including uses today. • Only City- sponsored uses and NRCA -used could use Field A during scheduled periods. • If City wanted greater use (i.e. to 50% of available time) of Field A, City could upgrade Field A at City's expense ($125,500 one -time expense). • Restroom would have to be addressed — either using the NCCC restroom, permission to use the NRCA restroom, or construct new restroom ($200K one -time expense). • City would fund Field A's maintenance (roughly $20K a year) • Field B (closest to Newport Ridge Drive) would not be programmed at all, and would remain a neighborhood pick -up ballgame location. • City would reject IOD for the remainder of NR Park and Crestridge, except that the Operating Agreement would require public access to the meandering sidewalk in the remainder of Newport Ridge Park. OPTION #4 — No Change City would not take any action regarding the IOD OPTION #5 — City Direct Programming (but not Own) Ballfields & Parking Lot • City would reject, the IOD for ballfields and the NR Parking Lot, allowing NRCA to retain current title. • City would accept the IOD or require an easement for public access to the meandering sidewalk in the remainder of Newport Ridge Park. • As a condition of not accepting the ballfield portion at this time, the City would require the NRCA to enter into an Operating Agreement with the City whereby the NRCA would maintain and control /program the ballfields at least at current activity levels. • City would reject IOD for the remainder of NR Park and Crestridge Park. OPTION #6 — Reject All Remaining Portions of IOD • City would affirmatively reject all remaining portions of the IOD, allowing Newport Ridge Park ballfields, parking lot, and Park remainder (as well as Crestridge Park) to held in fee by NRCA. • City would have no specific use of ballfields • City would have no maintenance obligation. M, Newport Ridge Park and Crestddge Park /OD June 27, 2006 Page 3 Attachment G RESOLUTION 2006- 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 REJECTING A PORTION OF THE NEWPORT RIDGE PARK PROPERTY AND ALL OF THE CRESTRIDGE PARK 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 ( "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 Newport Ridge Park and Crestddge Park 10D June27, 2006 Page 4 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, 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 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 manage ballfields and a parking lot 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 and incorporated herein by this reference (the " Ballfields and Parking Lot Parcel'); and WHEREAS, City desires to construct, operate, own and manage sidewalks for use by residents of the City of Newport Beach within a portion of the Newport Ridge Park property described in Exhibit "Y and depicted on Exhibit "4" attached hereto and incorporated herein by this reference (the "Sidewalk Parcel'). NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: try Newport Ridge Park and Crestndge Park /OD June 27, 2006 Page 5 SECTION 1: The City accepts the Offer as to: (a) the Ballfields and Parking Lot Parcel described in Exhibit "1" and depicted on Exhibit "2 "; and (b) the Sidewalk Parcel described in Exhibit "3" and depicted on Exhibit "4 ". SECTION 2: The City rejects the Offer for: (a) the portions of Newport Ridge Park described in Exhibits "5" and depicted on Exhibit "6 "; and (b) Crestridge Park, as described in Exhibit "7" and depicted on Exhibit "8 ". SECTION 3: 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 accepting: (a) the Ballfields and Parking Lot Parcel described in Exhibit "1" and depicted on Exhibit "2 "; (b) the Sidewalk Parcel described in Exhibit "3" and depicted on Exhibit "4 "; and (c) any other documents that might be required to memorialize the direction given in this Resolution. SECTION 4: 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 Rejection rejecting: (a) the portions of Newport Ridge Park described in Exhibits "5" and depicted on Exhibit "6 "; (b) Crestridge Park, as described in Exhibit "7" and depicted on Exhibit "8 "; and (c) any other documents that might be required to memorialize the direction given in this Resolution. SECTION 5: 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 27" day of June, 2006. 23 Newport Ridge Padc and Crestridge ParkfOD June 27, 2006 Page 6 Don Webb, Mayor ATTEST: LaVonne Harkless, City Clerk Za Newpod Ridge Park and Crestndge Park /OD June 27 2006 Page 7 Certificate of Acceptance RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH Attn: City Clerk 3300 Newport Boulevard Newport Beach, CA 92662 Recording Fee Exempt Per Govt. Code �� 6103. 27383 CERTIFICATE OF ACCEPTANCE OF PORTION OF SAN JOAQUIN HILLS LOCAL PARKS IRREVOCABLE OFFER OF DEDICATION On April 8, 1993, a document entitled "San Joaquin Hills Local Parks Irrevocable Offer of Dedication" was recorded as Instrument No. 93- 0234810 by The Irvine Company, a Michigan corporation, in favor of the County of Orange, by which The Irvine Company offered to dedicate to the County of Orange certain described real property commonly known as Newport Ridge Park and Crestridge Park. On March 22, 1994, Lot Line Adjustment No. 94 -006 was recorded as Instrument No. 94- 0202108, by which the legal description of Lot 10 within Newport Ridge Park was changed to Parcels 1 and 2 of Lot Line Adjustment No. 94 -006. On February 17, 1995, a document entitled "Amendment No. 1 to San Joaquin Hills Local Parks Irrevocable Offer of Dedication" was recorded as Instrument No. 95- 0066788, by which The Irvine Company and the County of Orange agreed to substitute and replace the legal description for Crestridge Park with a revised and corrected legal description. Newport Ridge Park and Crestridge Park were formerly situated within the unincorporated area of Orange County known as the Newport Coast, and were annexed to the City of Newport Beach, effective January 1, 2002, pursuant to the Certificate of Completion recorded on November 28, 2001 as Instrument No. 2001 - 0849462 by the Orange Local Agency Formation Commission, and the rights of the County of Orange under the "San Joaquin Hills Local Parks Irrevocable Offer of Dedication" were thereby transferred to and vested in the City of Newport Beach. 2� Newport Ridge Park and Crestridge ParklOD June 27, 2006 Page 8 On June 27, 2006, the City Council of the City of Newport Beach adopted Resolution No. 2006- to accept the portion of the "San Joaquin Hills Local Parks Irrevocable Offer of Dedication" described in Exhibit "1" and depicted on Exhibit "2" (the "Ballfield and Parking Lot Parcel ") and to accept the portion of the "San Joaquin Hills Local Parks Irrevocable Offer of Dedication" described in Exhibit "3" and depicted on Exhibit "4" (the "Sidewalk Parcel "), which Exhibits are attached hereto and incorporated herein by this reference, for the purpose of owning, constructing, operating and maintaining active ballfields for sports activities, parking, and sidewalks and to authorize and direct the City Manager and the City Clerk to execute and record this Certificate of Acceptance. This CERTIFICATE OF ACCEPTANCE is to certify that the interest in the Ballfield and Parking Lot Parcel, which is more particularly described in Exhibit "1" and depicted on Exhibit "2," and the interest in the Sidewalk Parcel described in Exhibit "3" and depicted on Exhibit "4," are hereby accepted by the undersigned officer on behalf of the City of Newport Beach pursuant to Resolution No. 2006 - of the City Council of the City of Newport Beach, and the City of Newport Beach consents to the recordation of this CERTIFICATE OF ACCEPTANCE. Homer Bludau, City Manager ATTEST: LaVonne Harkless, City Clerk NOTE- Exhibits 1 through 4 to this Certificate of Acceptance are not included in the Staff Report and will be added when complete. Newport Ridge Parkand Crestridge Park /OD June 27, 2006 Page 9 Certificate of Rejection RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH Attn: City Clerk 3300 Newport Boulevard Newport Beach, CA 92662 Recording Fee Exempt Per Govt. Code &§ 6103. 27383 CERTIFICATE OF REJECTION OF PORTION OF SAN JOAQUIN HILLS LOCAL PARKS IRREVOCABLE OFFER OF DEDICATION On April 8, 1993, a document entitled "San Joaquin Hills Local Parks Irrevocable Offer of Dedication" was recorded as Instrument No. 93- 0234810 by The Irvine Company, a Michigan corporation, in favor of the County of Orange, by which The Irvine Company offered to dedicate to the County of Orange certain described real property commonly known as Newport Ridge Park and Crestridge Park. On March 22, 1994, Lot Line Adjustment No. 94 -006 was recorded as Instrument No. 94- 0202108, by which the legal description of Lot 10 within Newport Ridge Park was changed to Parcels 1 and 2 of Lot Line Adjustment No. 94 -006. On February 17, 1995, a document entitled "Amendment No. 1 to San Joaquin Hills Local Parks Irrevocable Offer of Dedication" was recorded as Instrument No. 95- 0066788, by which The Irvine Company and the County of Orange agreed to substitute and replace the legal description for Crestridge Park with a revised and corrected legal description. Newport Ridge Park and Crestridge Park were formerly situated within the unincorporated area of Orange County known as the Newport Coast, and were annexed to the City of Newport Beach, effective January 1, 2002, pursuant to the Certificate of Completion recorded on November 28, 2001 as Instrument No. 2001 - 0849462 by the Orange Local Agency Formation Commission, and the rights of the County of Orange under the "San Joaquin Hills Local Parks Irrevocable Offer of Dedication" were thereby transferred to and vested in the City of Newport Beach. On June 27, 2006, the City Council of the City of Newport Beach adopted Resolution No. 2006 - to reject the portion of the "San Joaquin Hills Local Parks Irrevocable Offer of Dedication" described in Exhibit "1" and depicted on Exhibit "2" I Newport Ridge Park and Crestridge Park /OD June27, 2006 Page 10 (`Portions of Newport Ridge Park ") and to reject the portion of the "San Joaquin Hills Local Parks Irrevocable Offer of Dedication" described in Exhibit "3" and depicted on Exhibit "4" ( "Crestridge Park "), which Exhibits are attached hereto and incorporated herein by this reference, and to authorize and direct the City Manager and the City Clerk to execute and record this Certificate of Rejection. This CERTIFICATE OF REJECTION is to certify that the interest in the Portion of Newport Ridge Park, which is more particularly described in Exhibit "1" and depicted on Exhibit "2," and the interest in Crestridge Park described in Exhibit "3" and depicted on Exhibit "4," are hereby rejected by the undersigned officer on behalf of the City of Newport Beach pursuant to Resolution No. 2006 - of the City Council of the City of Newport Beach, and the City of Newport Beach consents to the recordation of this CERTIFICATE OF REJECTION. Homer Bludau, City Manager ATTEST: LaVonne Harkless, City Clerk NOTE.• Exhibits 1 through 4 to this Certificate of Rejection are not included in the Staff Report and will be added when complete. wil 0 'i 3 8 vfe — "Od- mod, C9 aTV Cet Q,c 770�, _ { i�e I'llorf P-t <<' PccAIC, �oGtrzu ,?`l !lieu �- _ nom u 12 e cam` vu e ` � � � 's , f Cec�, C'lr� cc ee ofku tce t'aA.lG PijC.Geu4UV -2, tvl-e O-ffq ` lay,�sD . 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