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HomeMy WebLinkAbout2006-85 - Sunset Ridge Park PurchaseRESOLUTION NO. 2006- ss A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE PURCHASE OF SUNSET RIDGE PARK AND AGREEING TO TERMS AND CONDITIONS ASSOCIATED WITH A PURCHASE AND SALE AGREEMENT FOR THE PARK PROPERTY WHEREAS, the City of Newport Beach and its residents have long envisioned the 15 acres of land at the comer of Superior Avenue and Coast Highway as a park, including both active and passive components; and WHEREAS, extensive dealings with the owner of the property, California Department of Transportation ( "Caltrans "), have occurred in the nearly thirty years since this property was declared surplus in 1976; and WHEREAS, the City of Newport Beach was successful in sponsoring Senate Bill 124 (Johnson, 2001) which authorized the transfer of Sunset Ridge Park to the California Department of Fish and Game from the California Department of Transportation ( "Caltrans ") for a purchase price of $1.3 million as long as the City entered into an Operating Agreement with State Parks to operate the land as a park; and WHEREAS, further discussions with Governor Schwarcenegger's administration, the State Department of General Services, members of the Legislature, and others, have led the City and Caltrans to propose a direct sale of the property to the City at a price of $5,000,000; and WHEREAS, the direct sale would be completed through a Purchase and Sale Agreement and deed restrictions that would provide that: The $5 million be paid in three installments and at 4.75% interest; The property must be used as a park; and If the City decides to sell the property, it must remit to Caltrans any amount over $5 million. WHEREAS, this Purchase and Sale Agreement requires the approval of the California Transportation Commission (CTC); now, therefore, be it: RESOLVED by the City Council of the City of Newport Beach that it hereby: 1. Authorizes the purchase of the Sunset Ridge Park large parcel (15.05 acres) from Caltrans at a price of $5 million paid in three installments at 4.75% interest; and 2. Authorizes the Mayor of the City of Newport Beach to execute a Purchase and Sale Agreement to this effect; and 3. Authorizes the City Manager to execute any related documents that might accompany the Purchase and Sale Agreement in order to accomplish the sale of the property; and 4. Agrees to a deed restriction or restrictions that limit the use of the property to park or open space uses and that would require the City to remit to Caltrans any sale revenues for the parcel over $5 million if the City later chooses to sell the property for another use. ADOPTED this 22nd day of August, 2006. ATTEST: IIv'v Mayor IIN III, ►L. / City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2006 -85 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 22nd day of August 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of August 2006. (Seal) City Clerk Newport Beach, California