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HomeMy WebLinkAbout2006-89 - Sunset Ridge Park PurchaseRESOLUTION 2006 -89 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 corner of Superior Avenue and West 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 Parks and Recreation from 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 state park facility; and WHEREAS, further discussions with Governor Schwarzenegger'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, a scenic easement, 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 consistent with the current Open Space - Active (OS -A) zoning; and The City agrees to a 197,920 square foot Scenic Easement that would allow only uses of the property that are consistent with the OS -A zoning in place as of the date of this Resolution with the exception of permanent structures and pavement in the Scenic Easement Area. 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: Finds and declares that the Caltrans West Parcel (15.05 acres) shall be used by the City to develop Sunset Ridge Park and shall use the Parcel solely for park purposes, consistent with OS -A zoning; and 2. Authorizes the purchase of the Caltrans West Parcel from Caltrans at a price of $5 million paid in three installments at 4.75% interest; and 3. Authorizes the placement of a Scenic Easement (or similariy -named easement) over 197,920 square feet of the parcel, within which all Open Space - Active (OS- A) uses that exist as of the date of this Resolution are permitted except for permanent structures and pavement (the latter two uses are not permitted); and 4. Authorizes the Mayor of the City of Newport Beach to execute a Purchase and Sale Agreement to this effect; and 5. 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. ADOPTED this 26th Day of September, 2006. ATTEST: DON WEBB Mayor of Newport Beach CYN"M'h LAVONNE HARKLESS 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 -89 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 26th day of September 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 27th day of September 2006. (Seal) City Clerk Newport Beach, California