HomeMy WebLinkAboutC-885 - Realignment of Back Bay DriveTO: CITY COUNCIL 'P
FROM: CITY MANAGER AND PUBLIC WORKS DIRECTOR N
SUBJECT: REALIGNMENT OF NORTHERLY PORTION OF BACK BAY DRIVE
SEVERAL MONTHS AGO THE IRVINE- COMPANY. INDICATED TO THE COUNCIL THAT, -AS
PART OF THEIR EASTBLUFF DEVELOPMENT BETWEEN ' JAMBOREE ROAD AND EASTBLUFF. DRIVE) IT
WOULD BE NECESSARY TO,REALIGN.THE NORTHERLY 1,600 FEET OF BACK BAY DRIVE- THE
NORTHERLY PORTION OF EASTBLUFF DRIVE) SOUTHERLY OF JAMBOREE ROADS AS SHOWN ON TEN-
TATIVE TRACT 4705, IS ALONG A.BLUFF DIRECTLY ABOVE BACK BAY DRIVE+ IN ORDER TO
CONSTRUCT THIS SECTION OF STREET IT WILL -BE NECESSARY TO PLACE A 35 -FOOT HIGH
FILL WHICH WOULD THEN BLOCK BACK BAY DRIVE. THE PORTIONS OF BOTH EASTBLUFF DRIVE
AND BACK BAY DRIVE INVOLVED ARE SHOWN ON THE ATTACHED SKETCH.
ALTHOUGH THIS AREA IS NOT INCLUDED IN THE FINAL MAPS NOW BEING CON -
SIDEREO OF TRACTS 4,592 AND 4593, THE IRVINE COMPANY AND THE DEVELOPERS WOULD LIKE
TO GRADE THE ENTIRE AREA AT THIS TIME.
IF THE COUNCIL 'IS AGREEABLE'TO THE PROPOSED REA4IGNMENT, IT IS RECOM-
MENDED THE FOLLOWING STEPS BE TAKEN IN ORDER:
1. ACCEPT DEDICAT)ON OF THE PORTION OF EASTBLUFF DRIVE SHOWN
SHADED ON THE ATTACHED SKETCH, SUBJECT TO THE EXECUTION OF
A SATISFACTORY gGREEMENT,BETWEEN THE IRVINE COMPANY AND THE
CITY FOR,THE CONSTRUCTION OF STREET IMPROVEMENTS.
2. GRANT THE IRVINE COMPANY PERMISSION TO CLOSE BACK BAY DRIVE
FOR A 90-DAY PERIOD TO PERMIT CONSTRUCTION OF EASTBLUFF DRIVE.
3, COMMENCE VACATION P.ROCEEDANGS FOR THE PORTION OF BACK BAY
DRIVE :SHOWN DOTTED ON THE ATTACHED SKETCH.
i
COUNCIL:
&- 10. -63-
DISPOSITION:
t ka
PREPARED BY:
DONALD Q. SIMPSON ROBERT COOP I
OBERI
PUBLIC WORKS DIRECTOR CITY MANAGER
RC:DCS: VR
5 -22 -63 DISPOSITION:
FILE:
M ..
See Contract File for
Back Bay Drive Revamping Diagram
JGE:pab
ORIGINAL
CONTRACT
4
THIS AGREEMENT, made and entered into this l6 day of
1963, by and between the CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter called "City, ", EASTBLUFF- NEWPORT, INC.
a California corporation, hereinafter called " Eastbluff," JAMBOREE
LAND CO., a California corporation, hereinafter called "Jamboree,"
and THE IRVINE COMPANY, a West Virginia corporation, hereinafter
called "Irvine."
WHEREAS, Irvine is the owner of certain real property in
the vicinity of Eastbluff Drive and Back Bay Drive in the City of
Newport Beach, County of Orange, State of California, a portion of
which land is leased to Jamboree and to Eastbluff under which leases
Eastbluff and Jamboree are required to subdivide and improve such
land; and
WHEREAS, the parties agree that it would be mutually ben-
eficial and in the public interest to accomplish a realignment of
Back Bay Drive (formerly.known as Bayside Drive) in the icinity of
the intersection of Back Bay Drive and Jamboree Road; and
WHEREAS, Eastbluff and Jamboree propose to construct a
new street to be named Eastbluff Drive, which will connect with
Back Bay Drive; and
WHEREAS, Eastbluff, Jamboree and Irvine have offered to
dedicate Eastbluff Drive and the northerly extension of Back Bay
Drive to the City and Eastbluff and Jamboree have agreed to perform
the work necessary to improve Eastbluff Drive and the northerly ex-
tension of Back Bay Drive to City standards; and
-1-
... .!`.l�le, 1� �:�..�..• -. lea�iJiM1'_ii -J�l .. <�..: .nayu°5J'33rd+}u.. iL'
WHEREAS, the improvement and dedication of Eastbluff Drive
and the realigned extension of Back Bay Drive will cause a certain
portion of Back Bay Drive in the vicinity of the intersection with
Jamboree Road to be no longer required for street and highway pur-
poses;
NOW, THEREFORE, in consideration of the mutual promises
herein contained the parties agree as follows:
1. Irvine agrees to offer for dedication to the City two
street rights of way shown as Parcels 1 and 2 on Dragl_rg No. P 51- 2.9 -3,
which is attached hereto, marked Exhibit "A ", and incon crated herein
by reference. Eastbluff and Jamboree consent to and ag_ -_� to join in
such dedication by Irvine if necessary or desirable.
2. Within 90 days aft—r- tr= - cceptance of the dedication
of Eastbluff Drive (Parcel 2) by the
initiate street vacation proceedings
for street and highway purposes over
designated "portion to be abandoned"
which is attached hereto, marked Exh
by reference.
City Council, City agrees to
to abandon the existing easement
that rport_cn of Back -ay Drive
as shoe^=_ on. Drawing D.— P- 51- 2.9 -5,
Lbit "B ", and incorporated herein
3. Eastbluff and Jamboree Anall prepare or caus<. to be
prepared all plans and specifications for the public improvements to
be constructed pursuant to this agreement and agrees to reimburse the
City for all plan checking and inspection costs.
4. All grading and street improvements described in this
agreement shall be constructed in accordance with plans and specifi-
cations approved by the City's Public Works Director.
-2-
S
0
5. Eastbluff and Jamboree agree to improve that portion of
Eastbluff Drive (Parcel 2) shown on Exhibit "A" in accordance with
the following time schedule and requirements:
(a) Eastbluff Drive shall ultimately be improved
as an eighty -four (84) foot right -of -way which shall
include curbs, gutters and sidewalks with pavement
sixty -four (64) feet in width.
(b) The construction of the required embankment
for Eastbluff Drive shall be completed within ninety
(90) days after the acceptance of the dedication of
the right of way by City.
(c) The initial improvements shall consist of
curbs along the northeasterly side of is &i.ght of
way and thirty -two (32) feet of pavement car. the
northeasterly one -half of the right of way. The
initial pavement section shall consist of at least
three (3) inches of asphaltic concre*_a over eight (8)
inches of aggregate base. The initial improvements
shall be completed within sx (6) months aft_r the
acceptance of the dedication of the right of by
City.
(d) During the period of time between the com-
pletion of the grading and embankment work and the
construction of the initial pavement, Eastbluff Drive
shall be open to traffic and Eastbluff and Jamboree
agree to maintain the surface of the street in a rea-
sonably smooth and dust free condition.
-3-
0
(e) Sidewalks on the northeasterly side of East-
bluff Drive shall be constructed at the time the
property adjacent thereto is subdivided.
6. Ir na agrees to improve or cause to be improved the
remaining thirty -two (32) feet of pavement and the curbs, gutters
and sidewalks on the northwesterly side of Eastbluff Drive when the
land adjacent thereto is subdivided or at such time as the Public
Works Director determines that traffic conditions require construc-
tion of such improvements, whichever event occurs first.
7. Eastbluff and Jamboree agree to construct a Suitable
connection over the right of way shown as Parcel 1 on Exhibit "A"
between the southerly end of Eastbluff Drive and th_ _ emaining por-
tion of Back Bay Drive. The cor._truc =ion of the emb- _: =n;:nt shall be
completed within ninety (90) days after the acceptance of ..Le dedi-
cation of Parcels 1 and 2 by City. The pavemenz: shall be not less
than twenty -four (24) feet wide consisting of two (2) inches of as-
phaltic concrete over four (4).inches of aggregate bE.:: and shall
be completed within six (6) months after acceptance of the dedication
of Parcels 1 and 2 by City.
8. The northerly portion of Back Bay Drive will be b -ocked
to traffic during the ninety (90)
construction and grading is being
Eastbluff and Jamboree shall be
placing warning signs at both the
Back Bay Drive in accordance with
lic Works Director.
day period when the em_- a_:kment
done. During this perio: of time
:sponsible for barricading and
northerly and southerly ends of
the requirements of the City's Pub-
-4-
9. Eastbluff and Jamboree andeach of them agree to hold
City harmless from.all claims, demands, lawsuits, judgments, and
liability resulting from the death of or personal injury to any per-
son or persons or damage to property arising out of or connected with
the construction of the improvements described in this agreement, in-
cluding any defects in said improvements or any failure on the part
of Eastbluff and Jamboree to take adequate precautions to protect
the public. The obligation of Eastbluff and Jamboree imposed under .
this paragraph shall terminate upon the acceptance of the completed
improvements herein described by City.
10, Irvine hereby warrants and guarantees to the City the
performance by Eastbluff and Jamboree under the provisions of para-
graphs 3, 4, 5, 6 and 7 hereof. In the event of the default or
failure of either Eastbluff or Jamboree or both of them to fully
perform under the provisions of this agreement Irvine will, upon no-
tice in writing from the City, do or cause to be done any and all
things required of either or both Eastbluff and Jambor�c.
IN WITNESS WHEREOF, the parties have executed ttis agree-
ment as of the day and year first above written.
EAS F-NEWP INC,
- By
Attest
Secretary
EASTBLUFF
r�• � s
Mai :1
�d� President
Attest:
M Myers 11"'s Secretary
Z JAMBOREE
CITY OF =ACH
By 1/40
Mayor
Attest:
Ma,.._ Ile= �
City Clerk
CITY
THE IRITJ C PANY
By S
President
Attest: A
N
b: -- cretary
IRVINE
i
fO
%t, Iz
eo
qN
O
O
t4
O
ti
0
qlr
14
14
"I,
Dav
NN
14
44
Ot
A oa
ti
Ow C
Z
0
U
U.j
Z
NX N
Rlt\
dv
I
N
U
lx�
144
I
I
N
U
�o
. d
Wp,
V IIpWO....
p W g�op� to
QoyQWg �l �3. W .x Ix
YV>k��
vlyQ,�Q`r C q� h� `s12
2jQe� }�
2�40tk 14 h m VA
Wo° 0 14
QW+A� a Omhto ti
2�4hae R Wye �
�OC2h
3
\ r
N \
It
o
o _
v o
v
^OA
AtlN
ryMM
atl�
2
Q
Q
2
e
m
Q
m
0
C t
Q
P
YAYK� h
O iJ
ks
eNn � Z
O�0 h
rh:o�
S`^NY N
oT
a
�o
. nd
YA+
Vtl.1
AO
yaN
VtlY
0
F
O+"
0
yby�.
AaN
a44
Y
Q V
V O
O\�
D
9
v
O
4
fx
x1flalm (U)
�n i
5893
2 OR tit iLAZHM&iiz= To ==MIGIi OF
3
4 WMW* fi MstllpstJM, *to IM !s&l:ViAM 0i
6 MY erica f# do City onaIA icy Ma lxvtm CsapW aid loassd �
7 +1Mr act, :alt. s lnad L"d C* *..r it appoM > to io
8 ' b.a. ,r to that City mad srtid pot"" a" do Pli.
9 lait"Ost to NML, p Back say priva fu lthe Ytatar#W 44 its ""to
to 'aaw taut vtfi imhow" R"d; 4"
11 �, the sUitdividws propow tat+ uwasUl: g*w
12 sitssst �p.iMt sasaid Eastblott wiw chub rtl.li *"am%v4sh am*
13 fty. Wiw#- MW t4o1 haws otggrobd to dsdinaia to t#a CYST amd
14 lmor*" W4 Mostilntt ft*to wd tits aotewly "*as"* of ;wit
15 my Deice# k Md ll *son at eartaft van*" of mash or b[ive
16 la:. wit vioudgy of its latmawtioa ulth .h i!sa'os 'ro be as
17 1 mgft so=d fat st"at aad bggb ty w apse...
18 , lbsra be$ Mw ofts t"d so tw catty d' 1i1 a
19 ow"st boula t *8 city =A tM &SOMM" roft'as eNOVULM em
20 the fod#apt"M aad Up ""W at of sate Tea t Rift 0" gb&
21 =wtbprty egg"MIAM. of M ek My WIVO a" OD . ups of pnow
i
22 asrd#aps to . #bs o"stlsi "0000 Sit d* saar� sad blOway. .
23 sss OVW Wls firtUn of No so mii ". sli Ues* swominds and
24 sMai* tbp "OW 'apowil Vi Room d llw
tow" 4"fd .
25 OwttiaRlt sO4.fe"d SbM to is aft astd lo slid to do asftwi
26 AdVa:ap jW to pWtiost
27 ewmvn tbK saint aasawe" is bus
28 by Ml d NayW Md City .OM& W* bus" mod, and
29 419"tsd f aaai+ fi! ldrr sltprie 40 iamu of do civy of lNly, f4111",
30
tit .. jagh DOGIFRAMS gyp.... /,.e &"Sol
32
;xcr clam
.'...'
E
TO: Finance Director
FROM: City Clerk
SUBJECT: Contract
Contract No. C
0
Date December 31, 1963
Authorized by Resolution No. 5893 • adopted on December 10, 1963
Date Mayor and City Clerk executed Contract December 31, 1963
Effective date of Contract December 10, 1963
Contract with Eastbluff- Newport, Inc., Jamboree Land Co., & The Irvine
Company
Address
Brief description of Contract in connection with the realigur,ent of Back Bay
Drive in the vicinity of its intersection with Jamboree Road
Amount of Contract
� r
(pity' "'lerk
. Y
Cif erlt
December 31, 1963
Public Works Director`
City Clerk A
On December 10 the Council adopted Resolution No
5893, authorizing a contract with Eastbluff- Newport,
Inc.. Jamboree Land Co.. and The Irvine Company
in connection with the realignment of Back Bay Drive
in the vicinity of its intersection with Jamboree Road.
Attached are copies of subject resolution and executed
copies of contract for The Irvine Company, Jamboree
Land Co., and Eastbluff- Newport, Inc. The original
copy to being retained in my office. On December 31
Mayor Hart executed the contract, Exhibit "A" having
been corrected to conform with the conditional adoption
of Resolution No. 5893.
MS:mv
Encs.
0
CITY r IEivPORT BrACn
CITY ATTORNEY
DEPAATI -_ENT
•
iy. --
'I City Clerk
Fro.:": City Attorney
November 22, 1963
S bject: Realignment of Bacl- Bay Drive and dedication and
improvement of Eastbluff Drive and northerly
extension of Back Bay Drive
Transmitted are the following:
1. Four copies of con Tact between the City and Eastbluff-
Newport, Inc., Jam oree °Land Co., and The Irvine Company,
in connection with the realignment of Back Bay Drive in
the vicinity of its intersection with jamboree Road.
2. Resolution which, if adopted by the City Council, will 1
authorize the execution of said contract.
3. Road easement dated Oct. 31, 1963, by which The Irvine
Company grants to the City an easement for street and
highway purposes over Eastbluff Drive and the northerly
extension of Back Bay Drive.
4. Resolution which, if adopted by the City Council, will
accept said road easement and authorize its recording.
It is requested that these be submitted to the City Council
for consideration on November 25, 1963. After approval of the
contract and_.adnp.tion -of the resolution authorizing its execution,
the resolution accepting the road easement and authorizing its
recording should be adopted.
Walter W. Charamza
City Attorneey��
By Tu 1 V. Se r
THS:mec Assistant City Attorney
Encs.
cc - City Manager
Public Works Director