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,
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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
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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.
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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).
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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.
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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
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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