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Home My WebLink AboutI-6 - Road Easement over Eastbluff Drive and Back Bay DriveCITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT / ,January 7, 1964 To: City Clerk From: City Attorney Subject: Road easement over Eastbluff Drive and Back Bay Drive Transmitted is the original of a road easement transmitted by The Irvine Company which, if accepted by the City, will dedicate a portion of Back Bay Drive extending from its existing location up to Eastbluff Drive and a portion of Eastbluff Drive lying outside of the existing tract maps in this area. Also transmitted is a resolution which, if adopted by the City Council, will accept the easement. The easement has been revised to include a width of 60 feet for that portion of Back Bay Drive lying between existing Back Bay Drive and Eastbluff Drive. It is suggested the matter be submitted to the City Council for consideration on January 13. WWC:mec Encs. cc - City Manager Public Works Director k&o u�wl Walter W. Charza City Attorney /3 _ �9 a yW/YK WWC:mec . T! 1/6/64 RESOLUTION NO. 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING A ROAD EASEMENT WHEREAS, The Irvine Company, a West Virginia corporation, has executed a road easement granting to the City of Newport Beach an easement for street and highway purposes over that certain real property situated in the City of Newport Beach, County of Orange, State of California, described as follows: Parcel 1 A strip of land 60 feet in width in Block 51 of Irvine's Subdivision as per map recorded in Book 1, page 88 of Miscellaneous Record Maps in the office of the County Recorder of said county, lying 30 feet on each side of the following de- scribed centerline: Beginning at a point in the centerline of Back Bay Drive (formerly Palisades Road) 40 feet wide, as described in a deed recorded in Book 1037, page 269 of Official Records, said point being the most northeasterly terminus of that certain course described as a curve concave north- erly having a radius of 240 feet, a radial -line to said point bears North 13' 35' 54" West, said point being the beginning of a reverse curve concave southwesterly having a radius of 450 feet; thence southeasterly 544.75 feet along said curve through an angle of 69° 21' 37" to a point hereinafter referred to as Point "A" in the northwesterly line of Tract No. 5018 as per map recorded in book 186, pages 26 to 30 inclusive of Miscellaneous Maps, said northwesterly line being a curve concave southeasterly having a radius of 800 feet. Parcel 2 A strip of land 42 feet in width in Blocks 51- and 57 of Irvine's Subdivision as per map recorded in.Book 1, page 88 of miscellaneous Record Maps in the office of the County Recorder of said county, lying.northwesterly of and contiguous to the following. described line: Commencing at Point "A" as described in Parcel 1 herein in the northwesterly line of Tract No. 5018 as per map recorded in book 186, pages 26 to 30 inclusive of Miscellaneous Maps; thence southwesterly 38.81 feet along said north- westerly line, being also a curve concave south- westerly having a radius of 800 feet, through an angle of 20 46 47" to the true point of beginning; thence along said northwesterly line over the following curves and courses; northeasterly 168.57 feet along said curve through an an le of 12' 04' 22"; thence tangent North 74° 15' 22" East 98.02 feet to the beginning of a curve concave northwesterly having a radius of 800 feet; thence northeasterly F-TOT-1 504.95 feet along said curve through an angle of 360 09' 52"; thence tangent North 380 05' 30" East 156.00 feet to the beginning of a curve concave southeasterly having a radius of 800 feet; thence northeasterly 631.58 feet along said curve through an angle of 45' 14' 00" to the most northerly corner of said tract. EXCEPT that portion lying within the right of way of Jamboree Road, 100' wide, as described in a deed recorded in book 41.10, page 10 of Official Records; WHEREAS, it is to the interest of the City to -accept said road easement; NOW, THEREFORE, BE IT RESOLVED that said road easement is hereby accepted and the City Clerk is authorized and directed to execute and attach thereto a certificate of acceptance and consent to its recording and to record said road easement in the County Recorder's office. ADOPTED this '. `J�` day of January, 1964. ATTEST: i�City Clerk 2. Mayor P 0 . TO: CITY COUNCIL FROM: CITY MANAGER AND PUBLIC WORKS DIRECTOR SUBJECT: REALIGNMENT OF BACK BAY DRIVE RECOMMENDAT ION: I. ADOPT RESOLUTION ACCEPTING EASEMENT FROM THE IRVINE COMPANY FOR REALIGNED PORTION OF BACK BAY DRIVE. I AT THE DECEMBER 9, 1963, MEETING THE COUNCIL ADOPTED RESOLUTION No. 5893 AUTHORIZING'A CONTRACT WITH EASTBLUFF-NEWPORT INC., JAMBOREE LAND COMPANY, AND THE IRVINE COMPANYP PROVIDING FOR THE REALIGN- MENT OF BACK BAY DRIVE. THE RESOLUTION WAS ADOPTED SUBJECT TO THE CON- DITION TRAT THE RIGHT OF WAY FOR THE NEW STREET CONNECTING EXISTING BACK BAY DRIVE TO EASTSLUFF DRIVE BE'60 FEET IN VIDTH.RATHER THAN 40 FEET. THE NECESSARY REVISION'HAS BEEN MADE AND THE CONTRACT EXECUTED BY BOTH PARTIES. THE EASEMENT TO BE ACCEPTED IS PROVIDED FOR IN THE CONTRACT. ATTACHED IS A COPY OF A LETTER DATED DECEMBER 23, 1963, FROM MR. MASON, WHICH TRANSMITTED THE REVISED EASEMENT TOGETHER WITH A COPY OF OUR REPLY. CONDITION NUMBER 3 IS PRESENTLY INCORPORATED WITHIN THE AGREEMENT WHICH .REQUIRES THE CITY TO INSTITUTE VACATION PROCEEDINGS WITHIN 90 DAYS RATHER THAN 11IMMEDIATELY." IT IS SUGGESTED THAT THE LETTER BE FILED WITH THE UNDERSTANDING THAT THE.TERMS OF THE EXECUTED AGREEMENT ARE NOT MODIFIED IN ANY RESPECT. CGii,: '�'-- i-,'� - � f r;. PREPARED BY: k i;H, C+ DONALD C. SIMPSoN PUBLIC WORKS DIRECTOR ATTS. RC:DCS:VR ROBERT COOP CITY MANAGER I- IO-64 • 9 THE IRVINE COMPANY 13042 MYFORD ROAD, POST OFFICE "X 37, IRVINE, CALIFORNIA, LINCOLN 4-0120 December 23, 1963 Mr. Donald C. Simpson City of Newport Beach 3300 West Newport Boulevard Newport Beach, California Dear Mr.. Simpson: As per the City Council's action at their adjourned meeting of December 11, 1963 concerning the agreement for the improvement of a portion of Eastbluff Drive and the connection to Back Bay Drive, we are enclosing revised easements. We are forwarding these executed easements on the following conditions: I. The Irvine Company, or its developers, will not be re- quired to further improve the portion of Back Bay Drive, listed as Parcel 1 in the subject easements,.until such time as the final aligment of Back Bay Drive inthis location has been determined. 2. The City of Newport Beach will not unreasonably with- hold relocation of this section of roadway when the ad- jacent areas on either side are planned and subdivided. It is understood by both parties that this area will be filled from dredgings in connection with the development of the Upper Bay, which will affect both the vertical and horizontal alignment of this road. 3. The City Council of Newport Beach will immediately in- stitute abandonment proceedings on that portion of Back Bay Drive replaced by the improved section of Eastbluff Drive. Your acceptance of the enclosed easements should be based on the above conditions. RFCEIVED DEC 24,1963 WRM:pab PUBLIC ��:07I. Enclosure Very truly yours,. W. R. Mason Vice President 0 CITY OF NEW PORT BEACH \Lf Fd R MR. WILLIAM MASON THE IRVINE COMPANY P.O. Box 37 IRVINE, CALIFORNIA 9265o DEAR MR. MASON: CALIFORNIA City Ball 3300 W. Newport Blvd: Area Code 714 JANUARY 10, 1964 b73-2110 YOUR LETTER. OF DECEMBER 23, 1963.TRANSMITTING THE REVISED EASEMENT FOR THE REALIGNMENT OF BACK BAY DRIVE HAS BEEN RECEIVED. THE NEW EXHIBIT WAS ATTACHED TO THE AGREEMENT THAT WAS CONDITIONALLY APPROVED BY THE CITY COUNCIL AT THEIR DECEMBER 11, 1963 MEETING AND IT HAS NOW BEEN EX- ECUTED BY THE CITY. YOUR CONDITION NO. 1 IS SATISFACTORY AS LONG AS IT IS UNDERSTOOD THAT THE CITY WILL REQUIRE FURTHER IMPROVEMENT OF PARCEL No. 1 IF AND WHEN THE ADJACENT PROPERTY IS DEVELOPED OR SUBDIVIDED. IT IS HOPED THAT THE FINAL ALIGNMENT OF BACK BAY.DRIVE WILL HAVE BEEN AGREED UPON BY BOTH YOUR COMPANY AND THE CITY PRIOR TO ANY DEVELOPMENT. YOUR CONDITION NO. 2 DEALING WITH THE POSSIBLE RELOCATION OF THE PORTION OF BACK BAY DRIVE CONTAINED WITHIN PARCEL NO. 1 DEPENDS, OF COURSE,. ON FUTURE DEVELOPMENT. I WOULD ASSUME THAT IF THE PROPOSED DEVELOPMENT.THAT WOULD REQUIRE RELOCATIOt�WERE ACCEPTABLE TO THE COUNCIL THAT THE NECESSARY VACATION COULD BE ACCOMPLISHED. IT SHOULD BE RECOGNIZED, THOUGH, THAT IN ORDER TO VACATE, PUBLIC HEARINGS WOULD BE REQUIRED AND THEN CERTAIN FIND- INGS MADE BY THE COUNCIL. CONDITION NO. 3 REQUESTS THAT VACATION PROCEEDINGS BE INSTITUTED IMMEDIATELY. THE CONTRACT WHICH.HAS BEEN EXECUTED PROVIDES THAT THE CITY WILL COMMENCE PROCEEDINGS WITHIN 90 DAYS. IF THE EASEMENT IS ACCEPTED BY THE COUNCIL AT THEIR JANUARY 11, 1964o IT WOULD BE OUR INTENTION TO SUBMIT A RESOLUTION OF INTENTION WHICH IS THE FIRST STEP IN THE VACATION PROCEEDINGS TO THE COUNCIL AT THEIR JANUARY 27, 1964 MEETING. THE COUNCIL WILL CONSIDER THE ADOPTION OF THE NECESSARY RESOLUTION ACCEPTING THE EASEMENT AT THEIR MEETING ON JANUARY 13, 1964. A:REPORT FROM THE CITY MANAGER AND PUBLIC WORKS DIRECTOR RECOMMENDING THE ACCEPTANCE WILL BE SUB- MITTED TO THE COUNCIL. A COPY OF YOUR LETTER WILL BE ATTACHED TO THE REPORT WHICH SUGGESTS THAT THE LETTER BE FILED WITH THE .UNDERSTANDING THAT THE TERMS OF THE EXECUTED AGREEMENT ARE NOT MODIFIED IN ANY RESPECT° VERY TRULY YOURS, DONALD C. SIMPSON PUBLIC WORKS DIIIECTOR DCS:vs