The URL can be used to link to this page

Home My WebLink About04 - Offer to Dedicate Public Access Easement - 701-707 Lido Park DriveCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 February 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Resolution 2009 - Acceptance of an Offer to Dedicate ( "OTD ") a Public Access Easement; 701 -707 Lido Park Drive ISSUE: Should the City accept title to a public access easement along the bayfront at 701 -707 Lido Park Drive? RECOMMENDATION: Adopt Resolution 2009- _ accepting the easement securing public access at 701- 707 Lido Park Drive. DISCUSSION: California voters approved the Coastal Conservation Initiative (Proposition 20) in 1972. In 1976, the State Legislature wrote and approved implementing legislation to Proposition 20 that became the California Coastal Act. The Act: • Sets forth a Coastal Zone all along California's 1,100 miles of shoreline roughly a line between the shoreline and the first major inland public road; • Established a commission of 12 members called the California Coastal Commission; • Directs the Commission to regulate residential, commercial, and recreational activity within the Coastal Zone via Coastal Development Permits (CDPs) to protect and enhance public access and services to coastal visitors; • Authorizes the Commission to approve Local Coastal Programs (LCPs) which allow local governments to act on behalf of the Commission using Commission - approved policies when considering coastal development. • Sets forth policies which: • Protect and expand public access • Protect, enhance, and restore environmentally sensitive habitat areas (ESHAs) • Protect the scenic beauty of coastlines and seascapes; • Establish urban -rural boundaries that "avoid wasteful urban sprawl" • Provide for the environmentally - sensitive expansion of ports & coastal- dependent industrial uses. OTO — Lido Park Drive February 24, 2009 Page 2 The Act's overriding intent was to protect and expand public access to and the protection of California's coastal resources: "Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation. (Public Resources Code §30211). "(a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources, (2) adequate access exists nearby, or (3) agriculture would be adversely affected. Dedicated accessways shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the accessway" (Public Resources Code §30212). The Commission and local governments mitigate impacts on the physical supply of open space and public access to coastal resources from new development by requiring the person requesting a CDP to make an Offer -to- Dedicate (OTD) a public access or an open space easement. OTDs are generally required for development between the first public road and the sea. The Commission and LCPs generally require the use of OTDs as follows: • Lateral easements compensate for the impacts to public use when development encroaches onto a public beach or impacts existing public access; • Vertical easements compensate when development would block access to the beach from the upland road or bluff; or • Open space areas that can be retained as open space in perpetuity. Generally, when the Commission or local government requires an OTD for mitigation of a development project, the condition language requires the applicant to record the OTD prior to the Commission's issuance of the CDP. OTDs expire 21 years from the date that the OTD is recorded. The easements themselves do not ensure public access nor do they ensure the protection of open space. To ensure these, a local government or an "acceptable" non- governmental organization (NGO) must accept a recorded OTD and ultimately provide for and manage the access way or the open space. Most LCPs encourage, but do not require, local governments to accept OTDs. Newport Beach's approved Coastal Land Use Plan contains the following policies on OTDs in Newport Beach: 3.1.1 -13. Require a direct dedication or an Offer to Dedicate (OTD) an easement for lateral public access for all new shorefront development causing or contributing to adverse public access impacts. Such dedication or easement shall extend from the limits of public ownership (e.g. mean high tide line) landward to a fixed point seaward of the primary extent of development (e.g. intersection of sand with toe or top of revetment, vertical face of seawall, dripline of deck, or toe of bluff). Pi OTD — Lido Park Drive February 24, 2009 Page 3 3.1.1 -14. Require a direct dedication or an Offer to Dedicate (OTD) an easement for vertical access in all new development projects causing or contributing to adverse public access impacts, unless adequate access is available nearby. Vertical accessways shall be a sufficient size to accommodate two -way pedestrian passage and landscape buffer and should be sited along the border or side property line of the project site or away from existing or proposed development to the maximum feasible extent. 3.1.1 -15. Encourage the acceptance, improvement and opening of OTDs to the public by the City, a public agency, a private association, or other appropriate entity. 3.1.1 -16. Require all direct dedications or OTDs for public access to be made to a public agency or other appropriate. entity that will operate the access way on behalf of the public. Require access ways to be opened to the public once an appropriate entity accepts responsibility for maintenance and liability. These policies generally encourage the acceptance, improvement and opening of OTDs to ensure that impacts to public access are truly mitigated at the time of development. OTDs in Newport Beach. Since the Commission began requiring public access OTDs as a part of the CDP process, all but one of the public access OTDs within the city limits have been accepted — the following chart shows recent actions: W 17 Newport Beach Area "Offers to Dedicate" Public Access (Neighborhood) Date Up to three OTDs, lateral, Nat East Edgewater (Balboa 501 - Howard et at include the area between Bay 02/27/06 Yes Peninsula) building and bulkhead 701 Lido Park Drive (Catenary Area) Lido Park Partnership lateral -10' wide L1ong W Lido`: Bay - ': 03121(09' "Nat yet ;. .. Channel ....: 2901 West Coast Highway (Mariners Herber Lights Hui Lateral — 10' wide walkway along Bay 02/15/06 Yes Mlle) Bulkhead 2431 West Coast Highway (Mariners Mariners Mile Marine Center la Vertical to Bay Bay 01/04/06 Yes Mile) LTD 2431 West Coast Highway (Mariners m Tustone 10 Lateral along bulkhead Bay 06122106 Yes Mile) 1353 Ba side Drive The Irvine Company Vertical - 10' wide Bay 01/15/06 Yes 1137 Ba side Drive The Irvine Cornpany Vertical - 1P wide Say 01/15/06 1 Yes 1701 Ba side Drive The Irvine Company Vertical - 10' wide say 01/15/06 Yes 3415 Ocean Boulevard (CDM) Ensign Lateral — 1528 at, base of bluff to Ocean 11/08/23 Yes high tide 340.344 Hazel Drive (CDM ) Webb, Finch Trust Trail in Buck Gully Gull 10/03/75 Yes 600 East Say Avenue JBS Development Lateral along bulkhead Bay 05/03/06 Yes 107 Milford Drive (Cameo Shores) O'Bryan Trust - bluff base to mean high 01/30107 Yes tide tide lines 4639 Brighton Road (Cameo Shores) Ressekh, Linden Lateral - bluff base to mean high Ocean 10/29/07 Yes tide line 4845 Brighton Road (Cameo Shores) RasseK h, Linden Lateral - bluff base to mean high Ocean 10/29/07 Yes tide line 4651 Brighton Road (Cameo Shores) Tarantella - bluff base to mean high Owan 17721/07 Yes tide tide line W OTD Lido Park Drive February 24, 2009 Page 4 As shown in the chart, one OTD — at 701 'Lido Park Partnership — was deferred to provide better notice to the residents of the four -unit condominium project at 701 -707 Lido Park Drive. This OTD expires on March 21, 2009. The OTD addresses a 10` lateral access way on the bayward side of this condominium complex, as shown here: Importantly, the Coastal Commission approval for this OTD contains the following paragraph (on page 3 of the document): 2. Si na e. Upon acceptance by a public ,agency or private association approved by the Executive Director of the offer to dedicate the lateral access easement, the applicant shall submit plans for the review and approval of the Executive Director, illustrating the design, size, and location of a sign indicating to the general public the provisions for lateral public access on the site. Construction and installation of the sign shall be the responsibility of the applicant, and the sigh shall be posted in a manner to be clearly visible from Lido Park Drive. On Friday, February 13, 2009, the letter provided as Attachment C went out to property owners of the four units. I offered to meet with them at their convenience to explain the Ll OTD — Lido Park Drive February 24, 2009 Page 5 process and the City's obligation. A notice was posted as well. As of the date of this staff report, I have not heard back from the owners of the four units. Environmental Review: The City Council's approval of this Agenda Item is exempt from CEQA per the General Rule Exemption, because there is no possibility that this Council action will have a significant effect on the environment. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Submitted by: David A. Kiff Assistant City Manager Attachments: Attachment A — Resolution 2009- with Exhibit A Attachment B — Coastal Commission's OTD, with diagrams Attachment C — Letter to Property Owners 5 OTD — Lido Park Drive February 24, 2009 Page 6 Attachment A RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RELATING TO THE CITY'S ACCEPTANCE OF AN IRREVOCABLE OFFER TO DEDICATE A PUBLIC ACCESS EASEMENT WHEREAS, the City of Newport Beach has an approved Coastal Land Use Plan which promotes the goal of providing access to the shoreline and protection of various uses in the Bay; and WHEREAS, the California Coastal Commission has secured an Irrevocable Offer to Dedicate a Public Access Easement, more particularly described in Exhibit "A" of the Certificate of Acceptance attached hereto and by reference made apart hereof, from individual property owners in Newport Beach, and WHEREAS, City staff has reviewed this Irrevocable Offer to Dedicate a Public Access Easement and has determined that acceptance of the Irrevocable Offer to Dedicate by the City would be beneficial to the City and the public in general; and WHEREAS, said Irrevocable Offer to Dedicate a Public Access Easement has been presented to this City Council for its consideration and acceptance, and WHEREAS, City staff has reviewed the Irrevocable Offer to Dedicate a Public Access Easement and recommends that the Irrevocable Offer to Dedicate a Public Access Easement be accepted. NOW, THEREFORE, BE IT RESOLVED that the City of Newport Beach that it hereby accepts the interests in real property conveyed by the Irrevocable Offer to Dedicate a Public Access Easement filed for record in the Official Records at the office of the Orange County Recorder as described in Exhibit "A" of the attached Certificate of Acceptance, and the City of Newport Beach authorizes and directs the City Manager or his designee to execute and record in said Official Records the aforementioned Certificate of Acceptance. y ADOPTED this 20 Day of February, 2009 EDWARD SELICH MAYOR ATTEST: LEILANI BROWN CITY CLERK APPROVED AS TO FORM: DAVID HUNT CITY ATTORNEY OTD — Lido Park Drive February 24, 2009 Page 7 7 OTD — Lido Park Drive February 24, 2009 Page 8 Exhibit A to Resolution 2009- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CALIFORNIA COASTAL COMMISSION 725 Front Street, Suite 300 Santa Cruz, CA 95060 -4508 (Legal Division) STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code §27383 CERTIFICATE OF ACCEPTANCE This is to certify that the interests in real properties conveyed by the Irrevocable Offers to Dedicate identified in Exhibit A, attached hereto and incorporated herein by reference, and recorded in the Official Records of Orange County, are hereby accepted by the City of Newport Beach, a political subdivision of the State of California, on the date of recording, pursuant to authority conferred by Resolution No. of the City Council of the City of Newport Beach adopted on February 24, 2009, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH 0 On , before me, , a Notary Public personally appeared personally known to me (or 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. WITNESS my hand and official seal. NOTARY PUBLIC OTD — Lido Park Drive February 24, 2009 Page 9 ACKNOWLEDGMENT BY THE CALIFORNIA COASTAL COMMISSION OF ACCEPTANCE OF IRREVOCABLE OFFERS TO DEDICATE This is to certify that the City of Newport Beach is a political subdivision of the State of California, acceptable to the Executive Director of the California Coastal Commission to be Grantee under the Irrevocable Offer to Dedicate described in the aforementioned Exhibit A, and filed in the Official Records at the office of the County Recorder of Orange County. Dated: CALIFORNIA COASTAL COMMISSION John Bowers, Staff Counsel STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On before me, J EFF G. STABEN, a Notary Public personally appeared JOHN BOWERS, personally known to me (or 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. WITNESS my hand and official seal. NOTARY PUBLIC 1i OTD — Lido Park Drive February 24, 2009 Page 10 Exhibit A to the Certificate of Acceptance One Irrevocable Offer to Dedicate a Public Access Easement City of Newport Beach, California GRANTOR PERMIT ADDRESS N0. 701 Lido Park 5 -88 -004 701 -707 Lido Park Partnership Drive Fluter, Russ (Public Access OTD) to OTD — Lido Park Drive February 24, 2009 Page 11 Attachment B to the Staff Report Coastal Commission's OTD, with maps, for 701 -707 Lido Park Drive ., C.: im •7 c.t `i.A 1 2 3 41 '1 rding deedd, Mail by and 1 Z Ca Recorded, Nitl To: $i�-i 5 (cents Coastal Commission Howard co, Street Co 4th Flout NO,� AX MAR I I IM 4 frdACtscd, caitrorntA iilod •' ntion: Legal Department LILJ O"W" amny,C Rsmr:er IRREVOCABLE OFFCA TO DEDICATE PUBLIC ACCESS EASEMENT, AND S OECIARATIOX Of RESTRICTIOAS O THIS IRREVOCABLE OFFER TO DEDICATE PUBLIC Acts WOW AMC T DECLARAT10% OF RESTRICTIONS (hereinafter Poffer') is made this sth day 6 Of Hatch it e0 , by_lo� Lids Park PartnerahiP 0 (hereinafter referred to as '&enter *). 10 1. WHEREAS, Greater is the legal owner of a fee interest of cartain roil 11 property located in the County of Orange . State of 12 California, and described in the attached rrh b,c a (hereinafter nferrae to as IS the 'Property'): and 14 I1. WHEREAS. all of the Property is located within the coastal tons as defined in Section 30107 of the California Public Resources Code (which case Is le hereinafter referred to as the •Public Resources Code'); and 17 iii. WHEREAS, the California Coastal Act of 1876, (keretnafter referred to 10 as the 'ASt') creates the Colifornte Coastal Commission, (hereinafter referred 10 to as the 'Coessissionry and requires that any coastal development permit a0 avoroved by the Commission most be consistent with the Policies of the Act set 21 forth to Chapter $ of Division to of the Public Resources Code; and V. WHEREAS, pursuant to the Act, Grantor applied to the California Coastal �3 Csmmissien for a permit to und*Mke development as defined iA the Act within 24 the Coastal tone of Orange County (hereinafter the 25 Permit • ')7 and ae v WHEREAS, a Coastal dev,6l 5 -00 -004 � opmmantperelt (Pene/t Xo, noun n� m m.a .r• .•ta .,r I d I I 1250 1 was granted on rebruary 25 19 BB, by the cemolssion in 2 accordance with the provision of the Staff Recommendation and Findings, 3 Attached hereto as Exhibit a and hereby Incorporated by reference, lubjeet to e the following condition: S s Price to Sseusnee of the coastal devolopment perhic. the landovnar shall axeeuea and !fried a document, in A 90em and 9 esaunt aaeeptahie Aa the Exeestive pirestee, irraveceblY athetpq to dadisete to a public agescy or pctvaee anouatation approved by the executive olreetoc,'an Nasama4 Cuff' lateral public access along the.aboxeltse along Naas Lido. Channel, The 9 doaumant shall PraVdde that the oftnr at gedlaetloo $bell . not be used as osnatcued to allow Enrage, price to acceptance of the offer, to interface with any rights at publl4seeey, aegdlead 10 through use which any exist an the yyroparty; Isuah eaNYe99 shall be le feet wide wed leasted. E lohg.ehe sattre'laaath 0l;*61 11 Went Lido Cnanhel bulkhead an the north aide o[ the Property) from the bulkhead to a line 10 tooly 1niand.at the bulkhead L2 (Exhibit Z). 13 The document shall include legal deseriptteas of both the sVPllcante pbteel and the easement arenas. Such easements shall be recorded from of Velez Ilona except tot tat liana and eras of 11 •priax encumbrancer which the Lxecutive virertet determines may affect the inteteet being conveyed, The otter shall fun with 15 the land in gavot ac the People of the state of California. binding successors and assigns of the applicant or landowner. l8 The offer of dadioatlan anal1 be irrevocable for a parted at 21 years, much period running from the data of recording. 17 Vt. WHEREAS, the subject property is a parcel located between the first 1s public road and the shoreline; and IV vtl. WHEREAS, under the policies of Sections 30210 through 30212 of the 20 California Coastal Act of 1916, public access to the shoreline and along °` the Coast 15 to be maximized, and in all new development projects located 22 between the first public road and the shoreline shall be provldedl and 23 viii. WHEREAS, the Commission found that but for the Imposition of the above F4 Coniitlon, the proposed development could not be found consistent with the public access Policies of Section 30210 through 30212 of the California Coo "I Act of 1916 slid that therefore in the Absence of such a condition, a permit 27 could not have bten granted; .2- i , f 13 l 1 %. WHEREAS, it is intended that this Offer is irrevocable and shall !a constitute enforceable restrictions Within the maaniog of Article XIII, S4ctian 3 d of the California Constitution and that said Offer, when accepted. shall 4 thereby qualify as as ahforeesbl• f strictioh under the provision of the 6 California Revenue and Taxation Cods, Section 402.1; O ROW THEREFORE, in Consideration of the granting of Permft ,/ No. S-ew� 0-004 to Orantor by the ComOssion, the womris) MKpy dfftr(s) to 9 dedicate to the People of California an easement in psrpetulty for the purposes g of an easement for Lateral Public Access along the 10 ahoraline slang Neat Lido Chonnel 11 located an the subject property 10 Teat X,fde an§ locate§ along the .ld en crsv al.n�cn oc cnc nc„c ..a wa ..nan�cy,4u a�n�Syrn cl.c_n.,r.vu .�,.vv 13 of the property, from the bulkhead to A line 10 test inland ge the 14 and 4% specifically set forth by attached rxhibi hereby incorporated by reference. 18 1. IMIT ANb RUROEN. This Offer shall ran with and burden the lT Property and all obligations, tares, cenditioes. end restrittions hereby lE Imposed shall be dteeet to be tovanants and restrictions running with the land lg and shall be effective limitations an the use of the Property trio the date of gq retardation of this decument and shall bind the Orantor and all successors and 0l assigns. This Offer shall benefit the State of California. za t. gEtLAAATiON OF AEMICTIONS. This offor of doditation shall not 83 it used or construed to allow Anyone, prior to seeapante of the after, to 24 interfere with any rights of public access acquired through use which may exisl 25 on the Property. go !l U !! -3� w�OM�.wM MI 1.1 I 1 11 1 i. ADDIT1014ALTERM, COMPITIONS, ABA LINTAHOWS. Frier to the 2 opening of the ac met, tae Grantee, in consuttatlao with the Granter, my 3 record aeeltional reasonable torso, conditions, and limitations an the use of 4 like subject property in order to assure that this Offer for public access is a Effectuated. a e, rAXSThucl1eN_0 VA1iDITY. If any provision of those restrictions 7 is held to be lovalid or for any reason becomes unenforceable, no other g provision shall be thereby affected or inpaired. D S. SK;M OaS ANO ASSIaS. The arms, covenants, conditions. 10 exceptions, obligations, and reservations Contained in this Offer shall be li binding upon and inure to the benefit of the successors and assigns of both the 12 Greater and the Grantee, whether voluntary or involuntary. 13 6. ggti. This irrevocable offer of dedication shall be binding for a 14 period of 21 years starting from the date of recordation. Upon recordation of 1S an acceptance of this Offer by the Grantee, this Offer and arena, conditions, to ared restrictions shall have the effect of a grant of access assonant In gross 17 and perpetuity that shall rue with the land and be binding on the parties, 19 heirs, assigns, and sactesseft. the people of tM sate of California shell 19 accept this offer through the local government to wbose jurisdiction the 20 sAJW property lies, or through a public agency or a private association 81 acceptable to the executive Director of the Caeisslon or Its successor in 22 23 2e 23 86 21 jO�H�rIJ{a q�l/Y 1Y f ,• -4- 15 un..ne A• fs8- 125860 I Acceptance of the Offer is subject to a coveaant which runs with the g land, providing that any offsree to accept the easeseat my net abandon It but 3 002t instad offer the easomMt to other public agencies or private ssociations acceptable to the Executive Director of the Copaission for the II oration of the term of the original Offer to Dedicate, 9 Executed an this gth day of Kareh. 19 88 , at . Newport Reach 7 California. a Signed g Omer nuesell a. Flvtor,General Partner to 741 Lida Park Partnarrh)a 11 Type or Print yz Signed 13 la Type or Print 15 Kfft JR ACTARY PUBLICz If you are notarising the signatureS Of persons signing 1a on behalf of a corporation, partnership, trust, ate., please use the correct 11 notary acknowledgment for* as explained in your Notary Public Lew look. la State of California. ) 1q COeaty of 1 20 On this day of _ i0 the year at Defers M , a Notary Public, personally 22 a00eera4 25 personally known to me (or proved to in On the basis Of satisfactory evidence) 34 to fe the per%cq(s) whose naM is subscribed,te this ioatrueent, and acknowledged that ha /she /they executed it. NR ART PUBLIC AN FD yry SAID STATE sae CODNTT .I- Y W Lf 6M"°°a"40aw` }� g�- 125860 IF 4 Cn Wes. %� � MY'd!•'��' - WCY. -4AaI �r.I1r Ww�gr�. �.n �r�dd rOM �p1r�tl I�'If�Tir�, . berV bgMMOw4d�H7ilerrwMMist as - erp�vM�de.�.v«rM PeemwuM UowOMaDWWO. bq peMWWdMIr"M �ryQb_ oast raven Nr tai, m. at& o,tf�e u I� 1 S S 4 S 6 71 [ -1 9 it 88-125860 This 1s to certify that the Offer to Oadlcate set forth octavo is hereby acknolilhd"d by the undersigned officer on behalf of the California Coastal Calmifslen pbrivant to the action of the Comisslon ktan it granted Coastal 0"41 mnt famit No, -5.efirom an February M MI &Ad the Califerala Coastal C013110451901 consents to recordation thereof by its , duly authorized officer. Oated' ii-=i dA4 42 ag 5Of�ovess, Staff Counsel California toastol Cmissioll STATE Or CAi -TEU MIA ) QXWY or Sg EUNCISOO ) sa 6 On this ,z.2m6day of DM A4,6 . in the year before pct ��.luG'I�pi21Q� , ors a OWY Public, personally ' Appeored �J P N / w �S personally kn" to for proved to so an tna basis of satisfactory evidence) to be the person yho executed this instrument as staff caeneel of the 4liforsin C sale }sale r6mm son and acknowledged to we that the CatiCwL%ia CAGstol Caotsstan executed it. "I :431 (( IpIf CIFYtbN4 tin f ra' Eqte.e'�moi1n as z7 A C:4IC iOP. 5 D• STA mm COt:4TY -a- I EXHIBIT •A• fw ou- (25360 ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLONS, PARCEL 1, THAT PORTION OF SECTION 20. TOWNSHIP 6 SOUTH, RANGE 10 WEST, S, B.B. 6 M., OESCRIBED AS FOLLOWS; BEGINNING AT THE MOST EASTERLY CORNER OF LOT 10 OF 'TRACT NO. 0150. AS SHOWN ON A MAP RECOROEO IN BOOK 90, PAGES 49 AND 44 OF MISCEL- LANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. RUNNING THENCE SOUTH 27 DEG. 30' EAST ALONG THE LINE OF ORDINARY 1410H TIDE OF THE PACIFIC OCEAN IN NEWPORT BAY AS ESTABLISHED BY DECREE RENDERED MAY 2S. 1928 IN ACTION NO, 23885 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE;, ENTITLED 'CITY OF NEWPORT BEACH, PLAINTIFF, YS. NFNPORI BAY DREDGING COMPANY, A CORPORATION, AND OTHERS. DEFENDANTS'. A CERTIFIED COPY OF SAID DECREE WAS RECORDED MAY 29, 1926 IN BOOK 167, PAGE 194 OF OFFICIAL RECORDS, SAID TIDE LINE GOING COINCIDENT WITH THE U.S. GULKHEAO LINE AS SHOWN ON THE MAP OF HARBOR LINES, NEWPORT BAY HARBOR. APPROVED MAY 2. 1936 BY 714E ACTING SECRETARY OF WAR, A 0197ANCE OF 100 FRET, THENCE AT RIGHT ANGLES SOUTH 62 OED. 30' WEST 160 FEET1 THENCE AT RIGHT ANGLES NORTH 27 BEG. 30' WEST 100 FEET AND THENCE AT RIGHT ANGLES NORTH 62 DEG. 30' EAST 160 FEET TO THR POINT OF BEGINNING. EXCEPTING THEREFROM ALL OIL. OAS AND OTHER 14YOROCARGON BUBSTANCES UNDURLYING SAID LAND AS RESERVED IN THE DEED FROM THE SUPERIOR 074 COMPANY TO CONSOLIDATED STEEL CORPORATION. LTD., RECOROED NOVEMBER S. 1044 IN BOOK 1206. PAGE 794 OF OFFICIAL RECORDS. SAID LAND IS SHOWN ON A LICENSED SURVEYOR'$ MAP FILED IN BOOK 11. PACE 34 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 2s THE NON — EXCLUSIVE EASEMENT FOR STREET PURPOSES AND FOR THE INSTALL- ATION, MAINTENANCE. REPLACEMENT AND USE OF PUBLIC UTILITIES OVER A STRIP OF LANG 40 FEET IN WIDTH ADJACENT TO AND SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF ABOVE DESCRIBED PARCEL I AND WITHIN THE SOUTIINESTERLY PROLONGATIONS OF TIIE 51UE LINES OF THE LAND DESCRIBED IN PARCEL 1, EXCEPTING 1NERRFROM TIIE NORf11WES1RRLY 44.80 FECT INCIUDED WITHIN 28111 STREET. EIMIBIT "0" GLtrmjA COASTAL caussm R¢VISBD Fmrwm TO Sg R=RXM $UBSEQUEnLT UFM AVAILAUUTT. �.6 EIB-125860 eAH 191' j' G 8A P D pY � MARCH 7 1989 100CA MID AQ'.COT. UNC. ooxwL emwRe mR avA. Em » T CAST HIGHWAY. CORONA OFL TAIL CA 474iF ■ TELEPHONE T11l4MMe7 A 30.00 FOOT DEDICATION OVER THE FOLLONINC LAND e THAT PORTION OF SECTION 20, TOWNBBIF 6 SOUTH, RANGE 10 WEST, S.It.S.6M., IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AB FOUM81 THE NORTHEASTERLY 10.00 FEET OF TSE FOLLOWING DESCRIBED LAND$ BEGINNING AT THE MOST EASTERLY CORNER OF LOT 10 OF 'TRACT NO, 016', AS SHOWN ON A MAP RECORDED IN ROOK 26. PAGES 40 AND 44 OF MIBCEL- LANEOUS MAPS, RECORDS OF ORANGE ' COUNIY. CALIFORNIA, RUNNINO TkINCE SOUTH 21 OED. 30' EAST ALONG THE LINE OF ORDINARY HIGH TIDE OF THE PACIFIC OCEAN IN NEWPORT GAY AS ESTABLISHED BY DECREE R6NOERED MAY 25. 102$ IN ACTION N0, 23696 IN THE SUPERIOR COURT VP THE STAY@ OF CALIFORNIA. IN AND FOR THE COUNTY OF ORANGE, ENTITLEn "CITY OF NEWPORT BEACH, PLAINTIFF, YS. NEWPORT BAY DREDGING COMPANY. A CORPORATION, AND OTHERS, DEFENUANTS'. A CERTIFIED COPY OF SAID DECREE WAS RECORDED MAY 90, 1990 IN BOOK 101. PAGE. 194 OF OFFICIAL RECORDS, OATO TIDE LINE BEING COINCIDENT WITH THE U.S. SULKHEAO LINE AS SHOWN ON THE MAP OF HARBOR LINES, NEWPORT BAY HARBOR, APPROVED MAY 2. 198E BY THE ACTING SECRETARY OF WAR. A DISTANCE OF 100 FEET= THENCE pT RIGHT ANGLES SIg11H 6Z DES. SO' WEST ISO FEETI.THENCE AT RIGHT ANGLES NORTH 21 DSO. 301 WEST 100 PEET AND THENCE AT RIGHT ANGLES NORTH 62 OED. 30• EAST ISO FEET TO THE POINT OF BEGINNINO. �AWiO 0f 88-125%0 PtliH I b1'I' to nL'wpor4T DAY weaT 16100 Otihmristr Nil abTl0'OB�N L16.00 - .�I �apob3D� t pAgcTIL MAP 81 -331 LOT � j LOT ; if4H! 33 -W g ��31c, 3i -52 MLi•01'00'N 105.Eft 1 M 57`j0'00"M L6 .Of 0• LIDO PARK (SI "•brPiefi X DRIYO + t�lll.T�d•-••- D�n0'(8b ta'D3�ttl�'(tan IL PW WED W Z' ME — t;b —u0 ap ' ? o 'O j r a I� ��'ti� %�� ♦ n. 3Ays 'iSEc ITF- G�� AgfORNfA ` I.r A 2 i . i � k i v, J4 r J. tMitmT•3 a3 tR. i3 � w sr •s w 9 \ s PLC I •L c: 3 4 �;. r' � ��• a � ac S1SE r * D sue\ Ll L . PZ q• z 6EClK� r \ "\.•IVT;Tt'PORT .l \�vJ I •� — Sri: -raf � ....1 '�V �ww .wi•w wY• [�; Z •�1 •..rtw w..M l.r.YM. MYW 6EClK� r \ "\.•IVT;Tt'PORT .l \�vJ I 0 T — Lida Park Drive February 24, 2009 Page 92 Attachment C to the Staff Report Letter to Owners of 701 -707 Lido Park Drive 0� CITY OF NEWPORT BEACH IMPORTANT NOTICE 701, 703, 705, and 707 LIDO PARK DRIVE February 13, 2009 Dear Property Owner On Tuesday, February 24, 2009, the Newport Beach City Council will consider accepting the offer to dedicate ( "OTD ") a public access easement on your property that you or a previous owner agreed to offer as a part of the California Coastal Commission's issuance of a coastal development permit for your property. Comments are welcome at the 7:00 evening session, held at Newport Beach City Hall at 3300 Newport Boulevard in Building A (City Council Chambers). You may also fax the Council members with your thoughts at 949 - 644 -3020. Please consider reading the staff report associated with this action on the City's website at www.city.newport- beach.ca.us on or after Friday, February 20, 2009. If you have any questions about this possible action in advance of the meeting, please do not hesitate to contact me at 949 - 644 -3002 or dkiff@city.newport- beach.ca.us. Sincerely, DAVE KIFF Assistant City Manager City of Newport Beach i COPY CITY OF NEWPORT BEACH February 13, 2009 Mr. Gilbert R. Kort 177 Riverside Avenue Newport Beach, California 92663 -4032 Dear Mr. Kort: At its February 24, 2009 meeting held at 7:00 p.m., the Newport Beach .City Council will consider accepting the offer to dedicate ( "OTD ") a public access easement at your property that a previous property owner (701 Lido. Park Partnership ", Mr. Russ Fluter) agreed to offer as a part of the California Coastal Commission's issuance of a coastal development permit for your property. The access way is a 10' wide strip coincident with the walkway bay ward of your condominium — it was offered as a public access dedication in part as a condition of your condominium's approval from the Coastal Commission. If the City does not accept it, the State Coastal Conservancy generally does so. Accepting the OTD is consistent with the City's Local Coastal Program, which says (in part): 3.1.1 -15. Encourage the acceptance, improvement and opening of OTDs to the public by the City, a public agency, a private association, or other appropriate entity. 3.1.1 -16. Require all direct dedications or OTDs for public access to be made to a public agency or other appropriate entity that will operate the accessway on behalf of the public. Require accessways to be opened to the public once an appropriate entity accepts responsibility for maintenance and liability. The City has no plans at this time to direct public access to this specific walkway, but according to the terms of the OTD, you are required to do so. The relevant section of the OTD (5 -88 -004, page 3) is as follows: 2. S4gna4e. Upon acceptance by a public agency or private association approved by the Executive Director of the offer to dedicate the lateral access easement, the applicant shall submit plans for the review and approval of the Executive Director, illustrating the design, size, and location of a sign indicating . to the general public the provisions for lateral public access on the site. Construction and installation of the sign shall be the responsibility of the applicant, and the sigh shall be posted in a manner to be clearly visible from Lido Park Drive. City Hall • 3300 Newport Boulevard • Post Office Box 1768 Newport Beach California 92658 -8915 • www.city.newport- beach.ca.us a 7 If you have any questions about this agenda item, please contact me at 949 -644- 3002 or dkiff(")a city. newoort- beach. ca. us. I would be happy to meet with you and your neighbors on this issue. Sincerely, r)� V--V� DAVE KIFF Assistant City Manager City of Newport Beach cc: Council Member Mike Henn City Attorney David Hunt XZ