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HomeMy WebLinkAbout2004-38 - Relinquishment of Bristol Street North & SouthRESOLUTION NO. 2004 -38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AGREEING WITH THE REQUEST OF THE STATE OF CALIFORNIA TO RELINQUISH THE RIGHT -OF -WAY FOR NORTHBOUND AND SOUTHBOUND BRISTOL STREET FRONTAGE ROADS ON STATE ROUTE 73 BETWEEN JAMBOREE ROAD AND IRVINE AVENUE /CAMPUS DRIVE WHEREAS, the City of Newport Beach ( "City') agrees with the State of California ( "State ") to relinquish the right -of -way for Northbound and Southbound Bristol Street Frontage Roads on State Route 73 (SR73) between Jamboree Road and Irvine Avenue/ Campus Drive to the City of Newport Beach ( "City "); and WHEREAS, pursuant to State law, the California Transportation Commission ( "CTC "), upon request from the State Department of Transportation ( "Caltrans "), may relinquish any portion of State highways and Caltrans, District 12 has indicated a willingness to recommend to the CTC that the right -of -way for that portion of Northbound and Southbound Bristol Street Frontage Roads of SR73 be relinquished to the City; and WHEREAS, the City desires to enter into a Cooperative Agreement with Caltrans in accordance with Section 2.52 of the Caltrans Cooperative Agreement Manual to more specifically define the precise boundary, terms, and conditions under which relinquishment will be recommended to the CTC. NOW, THEREFORE, The City Council of the City of Newport Beach, does hereby resolve, determine and order as follows: 1. The City Council of the City hereby agrees that Caltrans, District 12 initiate the process to relinquish those portions of the right -of -way for Bristol Street Frontage Roads of SR73 between Jamboree Road and Irvine Avenue /Campus Drive. 2. The City Council of the City requests that a precise legal description of the area to be relinquished be developed through a joint effort of the City and State and included in a cooperative agreement to be executed by City and State. 3. The City Council of the City hereby acknowledges that it is willing to accept such relinquishment and hereby consents to initiation of relinquishment. 4. The City Council of the City hereby expresses its willingness to enter into a cooperative agreement, substantially in the form set forth in the Caltrans Cooperative Manual (Form G -1) to more specifically define the precise boundary, terms and conditions under which relinquishment will be recommended to the CTC. 5. The City Council of the City waives the ninety -day (90) Notice of Intention to Relinquish requirement contained in Section 73 of the Streets and Highways Code. Adopted this 11th day of May, 2004. f�9ayor ATTEST: U�rL7�0_M,t`,Ld� City Clerk CADocuments and Settings \Iharkless \Local Settings \Temporary Internet Files \OLKB \Bristol- Relinquishment.doc STATE OF CALIFORNIA COUNTY OF ORANGE } ss. 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. 2004 -38 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 11th day of May, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky-, Adams, Bromberg, Nichols, Mayor Ridgeway Noes: None Absent: Webb Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of May, 2004. (Seal) City Clerk Newport Beach, California