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HomeMy WebLinkAbout25 - Mariners Joint Use LibraryCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 25 February 26, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Jamie Pollard 949 - 644 -3335 orjpollard @city.newport- beach.ca.us SUBJECT: Mariners Joint Use Library — Contract No. 3496 — Approval of Deed Restriction to Comply with State Library Board Grant Requirements RECOMMENDATIONS: a) Approve a Deed Restriction on City owned property upon which the Mariners Joint Use Library is located and authorize the Mayor and City Clerk to sign the Deed Restriction; and b) authorize the City Clerk to file the Deed Restriction with the County Recorder's Office for recording. DISCUSSION: On October 10, 2006, the City Council accepted the work as completed for the construction of the Donna and John Crean Mariners Branch Library and Tennis Courts by Howard S. Wright Construction. The contract provided for the construction of a new joint use library at Mariners Elementary School. This facility is designed to serve as both the Mariners Branch Library and the school library for the Mariners Elementary School of the Newport-Mesa Unified School District (NMUSD) with the purpose of providing enhanced services for the community and the school. Funding for this project included a $3.18 million library grant from the State of California. One of the requirements of receiving State funds is that the City is to provide library direct services from this facility for a period of 40 years. This term was included in the Cooperative Agreement between the City and Newport-Mesa Unified School District, which was approved by the City Council on June 11, 2002, but the restricted use of the building and land has not yet been recorded in the title record. Staff recommends approval of the attached Deed Restriction. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32, In -Fill Development Projects) of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. Council approved a Notice of Exemption for this project on June 11, 2002. Prepared by: Submitted a+° YG Ic d Jam of and t e . Badum PW Finance and Administrative Manager bli orks Director Attachment: Deed Restriction RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884 [Exempt from Recordation Fee per Government Code Section 27383] Space above this line for Recorder's use only. CITY OF NEWPORT BEACH DEED RESTRICTION ON REAL PROPERTY UPON WHICH IS LOCATED THE CITY OF NEWPORT BEACH MARINERS BRANCH LIBRARY WHEREAS, the State of California has provided California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 (hereafter "Bond Act ") funds for the acquisition and construction of the new City of Newport Beach Mariners Branch Library; and WHEREAS, City owns the property bearing Orange County Assessor's Parcel Numbers 425- 071 -03 and 425 - 071 -06, which is more particularly described in the Legal Description attached hereto as Exhibit A and depicted on Exhibit B (hereafter, the "Property'). The Newport Beach Mariners Branch Library has been constructed on the Property, in part with monies provided by the State of California with said Bond Act funds; and WHEREAS, it is an obligation of the City of Newport Beach, as the recipient of said Bond Act funding from the State of California, to add to the title of record of such property certain deed restrictions required by Education Code section 19999 following completion of the project, such completion having taken place on April 19, 2006; and WHEREAS, the City of Newport Beach wishes to fulfill its obligations to the State of California under law and its existing agreements. NOW THEREFORE, the City of Newport Beach, a California Municipal Corporation and Charter City, being owner of the land and improvements upon the Property, more particularly described in the Legal Description attached hereto as Exhibit A and depicted on Exhibit B, does hereby stipulate, find and pledge as follows: The State of California has provided funding for acquisition and construction of the new City of Newport Beach Mariners Branch Library upon the Property utilizing Bond Act funds granted to the City of Newport Beach under Office of Library Construction for the State of California, Mariners Branch Library, Contract Number 3496 and Grant Award Number 1038. The City of Newport Beach bears a legal obligation to have said land and improvements on the Property be utilized as public library facilities and for direct public library services for the 40 -year period following completion of the Project which took place on April 19, 2006, and by this Deed Restriction does hereby agree to and covenant to so utilize the Property. Use of the Property contrary to these special restrictions shall constitute a violation of the terms of the State of California grant referred to above, and no release, modification, or elimination of these restrictions shall be valid prior to the lapse of the period set forth above without the express consent of the State of California. Dated: APPROVED AS TO FORM: CITY OF NEWPORT BEACH, A Municipal Corporation By: By: Aaron Harp, Asst. City Attorney ATTEST: By: LaVonne Harkless, City Clerk fAuserslpbwlsharedlmariners libraryldeed restriction.doc Ed Selich, Mayor CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On personally appeared before me, Notary Public, R, 174, 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 in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the ment 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. (SEAL) Notary Public in and for said State OPTIONAL INFORMATION Title or Type of Document: Date of Document: EXHIBIT A LEGAL DESCRIPTION MARINERS JOINT USE LIBRARY The land referred to herein is situated in the State of California, County of Orange, City of Newport Beach, and is described as follows: That portion of Lot 164 in Block 53 of Irvine's Subdivision, as shown on a map recorded in Book 1, page 88 of Miscellaneous Maps: Beginning at.a point on a line parallel with and southeasterly 30.00 feet from the northwesterly line of said Lot 164, North 19'48'557 East 706.00: feet fiom the intersection.of said parallel line with the southeasterly: prolongation of the center line of 18th Street as said center line is shown on a map of Newport.Heights;:recorded. in Book 4, Page 83. of Miscellaneous .Maps, in the office of the Couirty Recorder of said'County; thence South.50 °. 11'05" East 50.00 to a point in the southeasterly line of hvine Avenue, said: point being the westerly corner of the land. quitclaimed to the City of Newport Beach, described,in Quitclaim Deed recorded January 14, 2003 as Instrument No. 2003000045872 of Official Records, said point.also being the True Point Of Beginning; thence South 5001 P05" East 90.00 feet, along the southwesterly boundary of said Quitclaimed Deed; thence North 39 °48'55" East 10.00 feet along said boundary; thence South 500 1 P05" East 120:99 feet along said boundary; thence North 39 °48'55" East 130.00 feet along said boundary and the northwesterly line of the land quitclaimed to Newport-Mesa Unified School District, described in Quitclaim Deed recorded January 14, 2003 as Instrument No. 2003000045873 of Official Records; thence South 5001 P05" East 526.60 feet along the northeasterly line of said land quitclaimed to Newport-Mesa Unified School District to the northerly line of Manners Drive, said northerly line being concave southerly and having a radius of 740.00 feet, a radial line to said point being North 11 04012" West; thence easterly along said northerly line 110.90 feet through a central angle of 803511 ; thence along said northerly line North 86 °54'59" East 40.17 feet; thence along the westerly line of Dover Drive North 3003'18" West 38.29 feet to the beginning of a curve, concave westerly with a radius of 804.00 feet; thence along said curve and said westerly line 661.35 feet through a central angle of 47 007'47'; thence North 50 °11'05" West along said westerly line 227.00 feet; thence South 39 048'55" West along the southeasterly line of hvine Avenue 533.70 feet to the True Point Of Beginning. Wollmlllmm,� offlTiom, MARINERS JOINT USE LIBRARY x�14 AREA = 6.89 ACRES APN 425-071-03 AND 425-071-06 SCALE 111 150'