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HomeMy WebLinkAboutC-2119(E) - R-O-W agreement, Superior realignment project( *ril 25, 1983 L - �� j L'.TY COUNCIL AGENDA ITEM NO. BY THE CITY COUNCIL TO: CITY COUNCIL CITY Of NEWPORT BEACH FROM: Public Works Department APR 2 51983 SUBJECT: SUPERIOR AVENUE REALIGNMENT AT COAST HIGHWAY (C -2119) RECOMMENDATIONS: 1. Authorize the Mayor and the City Clerk to execute an Arterial Highway Financing Program project administration agreement for the realignment of Superior Avenue. 2. Authorize the Mayor and the City Clerk to execute a right -of- way certification for the Superior Avenue realignment project. DISCUSSION: On December 10, 1979 and on December 8, 1980, the City Council adopted resolutions (Resolutions Nos. 9691 and 9939 respectively) requesting the County of Orange to include a project for the realignment and widening of Superior Avenue at West Coast Highway in the 1980/81 and 1981/82 Arterial Highway Finan- cing Program (AHFP). On March 28,1983, the City Council approved an agreement with Caltrans which provides that the City and its contractors may enter on the "Caltrans West" parcel for the purpose of constructing the Superior Avenue realignment project. (See attached memo to the Mayor dated March 28, 1983.) The AHFP project administration agreement Superior Avenue provides for County participation in street improvements as follows: County AHFP Funds City & Local Funds Gas Tax Fund General Fund (Street & Alley) Water Fund Costa Mesa Sanitary District Funds Hughes Aircraft Corporation Funds Total for the realignment of the construction of the $ 443,200 612,000 70,000 30,000 68,000 300,000 $1,523,200 Before the County will authorize the City to advertise for bids, the City must certify that a "right of entry" has been acquired, and hold the County harmless from any liability which may arise from the County's reliance on this certification. The project is scheduled to be advertised for bids on May 9, 1983, w' h award of contract on June 13, and completion of work by December. r J &e4411 Benjamin B. Nolan Public Works Director JW: j d Att. March 28, 1983 TO: MAYOR HART FROM: Public Works Director SUBJECT: ENTRY AGREEMENT FROM CALTRANS FOR SUPERIOR AVENUE PROJECT The Public Works Department has just received the Agreement from CalTrans allowing the City to enter onto the CalTrans West property to con- struct the Superior Avenue realignment project. The principal features of the entry agreement are as follows: 1. State agrees that City and its contractors may enter upon the site to construct realigned Superior Avenue. 2. State agrees, subject to approval of the California Transporta- tion Commission and subject to the rezoning of CalTrans West from OS to MR becoming effective, to convey easements for re- aligned Superior Avenue. 3. City agrees to maintain appropriate insurance pursuant to a "hold harmless" section in the agreement. 4. City agrees to abandon the existing Superior Avenue easement. 5. City agrees to negotiate just compensation for the property in the event the change of zoning does not become effective. In order to expedite the removal of excess material from the site (see Agenda Item F- 3(b)), it would be desirable to complete City action ap- proving the agreement at tonight's meeting. RECOMMENDATION: Agenda Item F -3(b) provides authorization for the City Manager to negotiate an agreement for excavation and disposal of surplus material from the Superior Avenue project. In conjunction with this item, it is recommended that the City Manager also be authorized to execute the CalTrans entry agree- ment. I will pull the item from the Consent Calendar tonight. 44 Benjamin B. Nolan Public Works Director 07 -ORA -1 -19.7 Excess Parcel 040766 -01 -01 07630 - 911038 District Agreement No. THIS AGREEMENT ENTERED INTO ON >/ 19 is between the STATE OF CALIFORNIA,'acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF NEWPORT BEACH a body politic and a municipal corporation of the State of California, referred to herein as CITY F, -1 RECITALS • WHEREAS, the State of California, acting by and through the Department of Transportation (her certain 17.55 acre parcel of land northwest corner of Pacific Coast Superior Avenue within the limits (hereafter CITY). Said parcel is STATE as CALTRANS WEST: and rafter STATE), is the owner of a located at or near the High;ray (State Route 1) and of the City of Newport Beach commonly known to CITY and WHEREAS, CITY is the public entity having jurisdiction over the development of real property within its city limits by way of its General Plan and zoning ordinances; and WHEREAS, CITY is the public entity having jurisdiction over the alignment, design, construction and maintenance of city streets by way of its police powers; and WHEREAS, CITY amended its General Plan and rezoned CALTRANS WEST from multifamily residential (MR) to open space recreational (OS) ; and WHEREAS, CITY amended its General Plan by adopting the realignment of Superior Avenue from its present location on the easterly side of CALTRANS WEST to a more westerly alignment across CALTRANS WEST WHEREAS, STATE believes that CITY'S rezoning of CALTRANS WEST as OS renders it of no market value; and WHEREAS, STATE believes that if the zoning on CALTRANS WEST were changed to MR it would have a market value; and _1.. WHEREAS, CITY must undertake the construction of said realignment of Superior Avenue before June 30, 1983; and WHEREAS, CALTRANS WEST is no longer required for public use by STATE and is categorized by STATE as excess land; and WHEREAS, CITY must have either ownership or a right to enter on that portion of CALTRANS WEST required for realignment of Superior Avenue on or before May 1, 1983; and WHEREAS, STATE has applied to CITY for an amendment to its General Plan changing the existing OS zoning of CALTRANS WEST to MR; and WHEREAS, a portion of realigned Superior Avenue will intersect Pacific Coast Highway in such a manner that it may be of some benefit to the future widening of Pacific Coast Highway; and WHEREAS, CITY'S Planning Commission has recommended approval of the proposed amendment of its General Plan to change CALTRANS WEST zoning from OS to MR; and NOW THEREFORE in consideration of the mutual promises contained herein, the parties hereto agree as follows: STATE AGREES: 1. That in consideration of CITY's Planning Commission's recommendation of approval of the subject General Plan Amendment, to permit CITY, its agents, employees, or contractors the right to enter upon that portion of CALTRANS WEST as described in Parcels A, B, C, D and E of Exhibit "A" (attached hereto and made a part hereof) for the purposes of constructing the realignment -2- F- k-1 of Superior Avenue, in accordance with CITY'S Plan No. R- 5469 -5; and maintaining said realigned Superior Avenue, in accordance with the CITY's policies for maintenance of its streets and highways. 2. That CITY'S right to enter upon, to construct and maintain said realigned Superior Avenue shall become effective upon the date of approval of this agreement by CITY. 3. To continue this agreement in effect until such time as those portions of CALTRANS WEST described in Parcels A, B, C, D and E of Exhibit "A" have been conveyed to CITY. 4. Subject to the approval of the California Transportation Commission, and subject to, and in consideration, of the proposed change of zoning of CALTRANS WEST from OS to MR becoming effective; to convey easements to CITY over those portions of CALTRANS WEST described as Parcels A, B, C, D and E of attached Exhibit "A ". 5. To accept CITY's reconstruction of the intersection of realigned Superior Avenue and Pacific Coast Highway (State Route 1), in lieu of any deposit required pursuant to Code of Civil Procedure section 1255.010, provide:, however, this agreement shall not be construed as a waiver of any rights which STATE possesses under the laws of eminent domain, declaratory relief, or mandamus. 6. That in the event CITY shall approve the subject General Plan Amendment respecting CALTRANS WEST, STATE shall apply to the California Coastal Commission for a like amendment to CITY's Local Coastal Plan. -3- r � • CITY AGREES: 1. That neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission done by CITY, its employees, agents, or contractors, under or in connection with any act permitted under this agreement. It is also understood and agreed by CITY that pursuant to Government Code section 895.4 CITY shall defend, indemnify and hold STATE, its officers or employees harmless from all claims, suits or actions of every name, kind and description, brought forth or on account of injuries or death of any person or damage to property resulting from any act permitted under this agreement. CITY further agrees to have STATE named as an insured or as an additional insured under a contract of liability insurance. The policy shall not contain the so- called "X" "C" "U" exclusions. The minimum limits of liablity for such insurance shall be as follows: (a) Bodily Injury Liability -- $500,000 $1,000,000 each each person occurrence Property Damage Liability -- $250,000 each occurrence (b) A Single Limit for Bodily -- Injury Liability and Property Damage Liability Combined $ 500,000 aggregate $1,000,000 aggregate 2. To abandon CITY's easement for existing Superior Avenue, as described in Exhibit "B" (attached hereto and made a part hereof). -4- i 0 3. That in the event the subject change of zoning of CALTRANS WEST from OS to MR does not become effective, CITY shall pay just compensation for the property described in Parcels A, B, C, D and E of attached exhibit "A ". In such event, CITY shall appraise said parcels and commence negotiations with STATE to agree upon the terms and conditions of said parcels' conveyance. If CITY and STATE are unable to reach agreement as to the amount of just compensation within eighteen (18) months from the date CI`T`Y approves this agreement, CITY shall immediately commence and prosecute a proceeding in eminent domain to acquire said parcels. 9. To accept from STATE the conveyance of easements described as Parcels A, B, C, D and E of attached Exhibit "A ", subject to any existing licenses, easements, covenants, conditions, reservations, or restrictions of record. CITY AND STATE AGREE: 1. That in the event CITY brings an action in eminent domain to acquire title to realigned Superior Avenue, the following dates shall apply: (a) The date of value and date of condition of the property shall be March 10, 1983. (b) Interest shall be computed on the amount of final compensation for the subject property at the legal rate of interest established by statute, from the date of approval of this agreement by CITY. -5- 0 D C N S U L i 1 N G C I V L E N G N E E A S LEGAL DESCRIPTION REALIGNMENT SUPERIOR AVENUE 0 A N D L A N D S U P V E Y C= S 75333 10 -12 -81 Revised 02 -28 -83 Being that portion of Lot 1 of Tract No. 463, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 32, Pages 2 and 3 of Miscellaneous Maps in the office of the County Recorder of said County, together with that portion of Lot 1 of Tract No. 2250 as shown on a map recorded in Book 104, Pages 6 and 7 of 'Miscellaneous Maps in the office of said Countv Recorder, together with that portion of Lot D of the Banning Tract, as shown on a map filed in Superior Court Case No. 6385 upon the Register of Actions of the Superior Court of Los Angeles County, California, described in parcels as follows: Parcel A (Superior Avenue): Beginning at the most Southerly corner of Lot 4 of Tract No. 7817, as shown on the map recorded in Book 308, Pages 33 and 34 of Miscellaneous Maps, in the office of said County Recorder; thence North 49°21'57" West 50.57 feet along the Southwesterly line of said Lot 4 to the beginning of a non - tangent curve concave Northwesterly having a radius of 190.00 feet, a radial line to said curve bears South 44 °55'00" East; thence Southwesterly 22.52 feet along said curve through a central angle of 6 °47'25" to the beginning of a compound curve concave Northwesterly having a radius of 340.00 feet; thence Southwesterly 261.02 feet along said curve through a central angle of 43 059111 "; thence North 84 °08'24" West 329.79 feet to the beginning of a tangent curve concave Northerly having a radius of 190.00 feet; thence Westerly 44.02 feet along said curve through a central angle of 13 °16'26" to the beginning of a reverse curve concave Southerly having a radius of 170.00 feet; thence Westerly 79.5 3 feet along said curve through a central angle of 26 °48117" to the beginning of a compound curve concave Southeasterly having a radius of 472.00 feet; thence Southwesterly 268.57 feet along said curve through a central angle of 32036106" to the beginning of a compound curve concave Southeasterly having a radius of 272.00 feet; thence Southwesterly 25.26 feet along said curve through a central angle of 5°19116" to Point "A "; thence South 62°14'06" East 135.61 feet to the beginning of a non - tangent curve concave Southeasterly having a radius of 346.00 feet, a radial line to said curve bears North 36 002'49" West; thence Northeasterly and Easterly 98.72 feet along said curve through a central angle of 16 °20'53" to Point "B "; thence continuing along said curve 139.07 feet through a central angle of 23001'45" to Point "C "; thence continuing along said curve 15.28 feet through a central angle of 2°31'471'; thence South 84 008'24" East 330.28 feet to Corporate Office 17782 Sky Park Blvd. • Irvine, California 92714 • 7141549.2222 Inland Ernolre Office 1630 E. Francis St.. Ste. B • Ontario, California 91761 • 7141947 -0447 San Dieco County Office 5275 Avenida Encina� Ste. C Carlsbad. California 92COE 714i43c-4332 LEGAL DESCRIPTION - CONTINUED 75333 REALIGNMENT SUPERIOR AVENUE 10 -12 -81 PAGE 2 Revised 02 -28 -83 the beginning of a tangent curve concave Northerly having a radius of 454.00 feet; thence Easterly 213.91 feet along said curve through a central angle of 26059146" to the centerline of Superior Avenue as described in the deeds to the County of Orange recorded January 4, 1954 in Book 2643, Page 217 and recorded March 22, 1954 in Book 2692, Page 621, both of Official Records, in the office of the County Recorder of said County; thence North 40038103" East 172.41 feet along said centerline to the POINT OF BEGINNING. Parcel B (Slope Easement ): Commencing at said most Southerly corner of Lot 4 of Tract No. 7817; thence North 49°21157" West 50.57 feet along said South- westerly line of Lot 4 to the TRUE POINT OF BEGINNING, said point being the beginning of a non - tangent curve concave Northwesterly having a radius of 190.00 feet, a radial line to said point bears South 44055100" East; thence South- westerly 22.52 feet along said curve through a central angle of 6047125" to the beginning of a compound curve concave Northwesterly having a radius of 340.00 t4eet; thence Southwesterly 261.02 feet along said curve through a central angle of 43059111 "; thence North 84008124" West 329.79 feet to the beginning of a tangent curve concave Northerly having a radius of 190.00 feet; thence Westerly 44.02 feet along said curve through a central angle of 13°16'26" to the beginning of a reverse curve concave Southerly having a radius of 170.00 feet; thence Westerly 79.53 feet along said curve through a central angle of 26048117" to the beginning of a compound curve concave Southeasterly having a radius of 472.00 feet; thence Southwesterly 268.57 feet along said curve through a central angle of 32°36106" to the beginning of a compound curve concave Southeasterly having • radius of 272.00 feet; thence Southwesterly 25.26 feet along said curve through • central angle of 5°19'16 "; thence South 84°22132" West 51.39 feet to a point on • non - tangent curve concave Northeasterly having a radius of 904.00 feet, said curve being concentric with and Northeasterly 96.00 feet from the centerline of Pacific Coast Highway as now established, a radial line to said point bears South 34°20'42" West; thence concentric and parallel with said centerline of Pacific Coast Highway, the following courses: Northwesterly 38.44 feet along said curve through a central angle of 2026111" and North 53°13107" West 308.66 feet to the beginning of a tangent curve concave Southwesterly having a radius of 1475.00 feet; thence Northwesterly 15.26 feet along said curve through a central angle of 0°35'34 "; thence North 0°18'58" East 113.00 feet; thence South 31°33'31" East 99.70 feet; thence South 54058140" East 314.18 feet to the beginning of a non- tangent curve concave Southeasterly having a radius of 480.00 feet, a radial line to said curve bears North 43°30'39" West; thence Northeasterly 361.76 feet along said curve through a central angle of 45°340811; thence North 63038154" East 73.40 feet; thence South 74 016'28" East 337.49 feet to the beginning of a tangent curve concave Northerly having a radius of 420.00 feet; thence Easterly 106.17 feet along said curve through a central angle of 14029'03" to the beginning of a compound curve concave Northwesterly having a radius of 240.00 feet; thence Northeasterly 163.47 feet along said curve through a central angle of 39`01'30" to said Southwesterly line of Lot 4; thence South 49021157" East 10.43 feet along said Southwesterly line to the true point of beginning. LEGAL DESCRIPTION- CONTINUED 75333 REALIGNMENT SUPERIOR AVENUE 10 -12 -81 PAGE 3 Revised 02 -28 -83 Parcel C (Temporary Construction Easement): Beginning at Point "B" described above, said Point "B" being the beginning of a non - tangent curve concave South- easterly having a radius of 346.00 feet, a radial line to said point bears North 19 041156" West; thence Northeasterly 154.35 feet along said curve through a central angle of 25033132 "; thence South 84 008124" East 330.28 feet to the beginning of a tangent curve concave Northwesterly having a radius of 454.00 feet; thence Northeasterly 134.92 feet along said curve through a central angle of 17°01139" to the beginning of a non - tangent curve concave Northwesterly having a radius of 874.00 feet, a radial line to said curve bears South 39°23126" East; thence Southwesterly 46.14 feet along said curve through a central angle of 3 001'29" to the beginning of a compound curve concave Northerly having a radius of 343.48 feet; thence Westerly 326.15 feet along said curve through a central angle of 5414115 11; thence North 71057142" West 282.23 feet to the Point of Beginning. Parcel D (Future Ri ht of lt'ey): Beginning at Point "A" described above; thence _South 84 2'32" West 51.39 feet to a point on a non - tangent curve concave Northeasterly having a radius of 904.00 feet, said curve being concentric with and Northeasterly 96.00 feet from said centerline of Pacific Coast Highway as now established, a radial line to said point bears South 34 020142" West; thence concentric and parallel with said centerline of Pacific Coast Highway, the following courses: Northwesterly 38.44 feet along said curve through a central angle of 2°26111" and North 53013107" West 308.66 feet to the beginning of a tangent curve concave Southwesterly having a radius of 1475.00 feet; thence Northwesterly 15.26 feet along said curve through a central angle of 0035134 "; thence South 0018158" West 57.10 feet to a line parallel with and Northeasterly 50.00 feet from said centerline of Pacific Coast Highway; thence parallel and concentric with said centerline of Pacific Coast Highway, the following courses: South 53013'07" East 289.98 feet to the beginning of a tangent curve concave Northeasterly having a radius of 950.00 feet, Southeasterly 264.53 feet along said curve through a central angle of 15 057114 ", South 69010141" East 679.21 feet to the beginning of a tangent curve concave Northeasterly having a radius of 1450.00 feet, and Southeasterly 91.91 feet along said curve through a central angle of 3°37'55 "; thence North 17°11'24" East 24.00 feet to the beginning of a non - tangent curve concave Northeasterly having a radius of 1426.00 feet, said curve being concentric with and Northeasterly 74.00 feet from said centerline of Pacific Coast Highway, a radial line to said curve bears South 17°11124" West; thence concentric and parallel with said centerline of Pacific Coast Highway, the following courses: Northwesterly 90.39 feet along said curve through a central angle of 3 °37'55" and North 69 °10'41" West 251.87 feet; thence North 66 °20122" West 121.01 feet; thence North 67034104" West 317.04 feet; thence North 6 048'27" West 43.63 feet to a point which bears South 62°14106" East 135.61 feet from said Point "A "; thence North 62014'06" West 135.61 feet to the point of beginning. Parcel E (Storm Drain Easement): A strip of land, 15.00 feet in width, lying 10.00 feet Northwesterly and Southwesterly, and 5.00 feet Southeasterly and Northeasterly of the following described line: s LEGAL DESCRIPTION - CONTINUED 75333 REALIGNMENT SUPERIOR AVENUE 10 -12 -81 PAGE 4 Revised 02 -28 -83 Beginning at Point "C" described above; thence South 58 003'42" West 19.50 feet; thence South 23 °59156" West 77.51 feet to the beginning of a tangent curve concave Northeasterly having a radius of 75.00 feet; thence Southeasterly 93.10 feet along said curve through a central angle of 71 007'34 "; thence South 47 °07138" East 52.90 feet to the Northerly line of Parcel D described above. The sidelines of said strip to be prolonged or shortened to terminate Northerly in the Southerly line of Parcel A described above and Southerly in said Northerly line of Parcel D. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. C N S U L T i N G C I V I L E K G N E F g S 11 - 7 AN„ L A f.'., SUP. E C P S 75333 10 -12 -81 Revised 02 -28 -83 SUPERIOR AVENUE PORTION TO BE ABANDONED Being that portion of Superior Avenue, in the City of Newport Beach, County of Orange, State of California, as described in the deeds to the County of Orange recorded January 4, 1954 in Book 2643, Page 217 and recorded March 22, 1954 in Book 2692, Page 621, both of Official Records, in the office of the County Recorder of said County: 1 Corporate Office 17782 Sky Park Blvd. • Irvine. California 92714 • 71415492222 Inland Empire Office 1630 E. Francis St., Ste. B • Ontario. California 917E1 • 7141947 -0447 ' San. Diego County Office 5375 Avenida Encinas. Ste. C t , `Carisbad, Gaiifc -nia 92008 � 7i <1430 -4332 FIN\UIT %x11 • IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers, duly authorized, the provisions of which agreement are effective as of the day, month and year after hereinabove written. STATE OF CALIFORNIA Department of Transportation LEO TROMBATORE Director of Transportation al CITY OF NEWPORT BEACH By . City Manager �— ATTEST: r By %�l.�i�GZ t - ��,:�2'lztom City Clerk APPROVED AS TO FORM: City Attorney, Newport Beach