HomeMy WebLinkAboutC-2191 - Public Entry R-O-W purchase at West Newport Beachk
TO: File
$ACT; Executed original copy of Director's Deed
DD 018188 -01 -01 M--1 AP 44 121-213F5
recorded Hook 13661, Page 581
ie ceived this date and placed into deed file mnber D-1488
� =h
Y "
r ' M fiCITY MANAGER
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FROM Public Morks.Director
SUBJECT• 'ACQUISITION OF PACIFII
a copy of,
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�' �;' ;1: Remove the;tast call.irtgthe legal descriptions which is
�A re continuing N 53005128" M;. 300.00 fl'et•"
Z Add the following exception between the paragraphs begin,_ing
f ETHER MITH " and "SUBJECT TO THE EXCEPTION "
s3§ a `Except therefrom that portion described in Director's'Deed
µ i x,4 -0D 018188 -02 -02 to the-orange County Flood Control District.
body corporate-and-politic, recorded January 26, 19/3' In
x ¢f Book 12544. page 77Z of said official records
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procedure to be followed to executing the deed .is
1. Hare City Clerk execute*? " /cePtan 6ecL'�torm. ` &lit
*,�» � '.Prepare a =fetter to R. J. Murlin stating that deed has�µ'� � `_ +� +�.`�
� , ;� ��„ ,, �t z; been accepted subject to the above correctlons as reviewed�'� �' kr �j
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is Works Director
,
ECTRIC RIGHT -OF MAY.'f
ver
Ai
�' �;' ;1: Remove the;tast call.irtgthe legal descriptions which is
�A re continuing N 53005128" M;. 300.00 fl'et•"
Z Add the following exception between the paragraphs begin,_ing
f ETHER MITH " and "SUBJECT TO THE EXCEPTION "
s3§ a `Except therefrom that portion described in Director's'Deed
µ i x,4 -0D 018188 -02 -02 to the-orange County Flood Control District.
body corporate-and-politic, recorded January 26, 19/3' In
x ¢f Book 12544. page 77Z of said official records
Rr t417ti -d :� J � L fti, ,. s ♦ : ... g y
c �' ...:•�, '� v a3�'zc w skis, reP � .k Lttz�. `i':r'
procedure to be followed to executing the deed .is
1. Hare City Clerk execute*? " /cePtan 6ecL'�torm. ` &lit
*,�» � '.Prepare a =fetter to R. J. Murlin stating that deed has�µ'� � `_ +� +�.`�
� , ;� ��„ ,, �t z; been accepted subject to the above correctlons as reviewed�'� �' kr �j
i AF . ,5.�'�A1 ° ,, aYn�'B�� `' ro� _ L! `.s..i��Sr.N.ir'ii3.2JYG•�:a. ... F1 ad,n: �. '; . "..� .. 3�'�. :�, .."... Kt9
•� 7 r2'� r` J ¢ d �
is Works Director
OF CALIFORNIA— BUSINESS AND TRAI WTATION AGENCY
EPARTMENT OF TRANSPORTATION
DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051
June 3, 1980
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Mr. Robert L. Wynn
City Manager
Gentlemen:
EDMUND G. BROWN JR., Governor
-a `
07- ORA -1- 20.3/20.7
Parcels 018188 -01 -01
018188 -02 -01
Gb M °neie6e.ac�
Gh � Nevi •'
The California Transportation Commission, at its May.1980 meeting,
approved the sale of the excess land referenced above to the City
of Newport Beach.
Included with this letter is the fully executed Director's Deed.
It would be appreciated if you would attach the City's form of:
acceptance to the Deed and return it to me for processing and
recordation. The recorded Deed will then be mailed to you.
! Please forward with the accepted Deed, the amount of $689,150.00
as full payment for the property being conveyed.
If there are any problems or questions, please call me at (213)
620 -3708.
Thank you very much for your cooperation in completing this trans-
action.
Very truly yours,
Q ��
A�Xlw'G .
R: J. MURLIN
Right of 47ay Agent
Excess Land Sales
RJM: hh
encl.
Certified Mail Return Receipt Requested.
RWPE:ANDERSON 4 -29 -80
Written by:WBP Checked by:FBZ
DIRECTOR'S DEED
MAY 1980 15
a
THIS LINE FOR RECORDER'S USE
NEly of Seashore Drive AP 45-121-2,3,
SWIv of Pacific Coast Hwv
DISTRICT
COUNTY
ROUTE
POST MILE
NUMBER
07
Ora
1
20.2/
DD 018188-
20.7
This is to certify that the interest in real property conveyed by the
deed or grant dated May 30, 1980 from
State of California, Department of Transportation
to the City of Newport Beach, a municipal corporation, is hereby accepted
by order of the City Council on the 12th day of May
19 80 , and the grantee consents to recordation thereof by its duly
authorized officer,
Dated: June 11, 1980
By:
City Clerk of the Wy
of Newport Beach
most Southerly corner of said Lot 3; thence from a tangent which
bears N 67" 41' 37" W, Northwesterly along a curve concave Northeasterly
and having a radius of 1074.00 feet through an angle of 13' 03' 33 ",
an arc distance of 244.79 feet; thence tangent N 54' 38' 04" W,
1696.34 feet; thence N 53' 10' 53" W, 1227.19 feet; thence N 53' 05' 28" W,
302.33 feet to a point in the Easterly line of the land described in
MAIL TAX
STATEMENTS TO:
City of Newport Beach
3300 Newport Beach Blvd.
Newport Beach, CA 92660
Attn: Mr. Robert Wynn
FORM DH -OR W -333 I RE V. 9431 oT. "... Ivo). -%O "-" .. 0 A ..'
April 30, 1980
City of Newport Beach
3300 Newport Beach Blvd.
Newport Beach, CA 92660
Attention: Mr. Robert Wynn
City Manager
Gentlemen:
40
07- Ora -1- 20.3/20.7
018188 - 001 -01
018188 - 002 -01
Excess Land
The State of California, through its Department of Transportation,
hereby offers to sell the above- referenced property to the City of
Newport Beacn for the total purchase price of six hundred eighty -
nine thousand, one hundred fifty dollars ($689,150.00). This
letter, when fully executed by the parties, shall constitute the
sales agreement.
It is understood by the parties to this agreement that the property
will be used by the City for public purposes only, as defined in
City Ordinances numbered 1485 and 1730. A reversionary clause has
been inserted in the Director's Deed to assure such public use.
This sale is made, subject to the approval of the California
Transportation Commission. When the fully- executed copy of this
letter is returned to the Department of Transportation, the trans-
action will be processed for approval by the Commission.
Full payment of the purchase price shall be due and payable on
demand. Said demand shall be made when the.California Transport-
ation Commission has approved the transaction and the executed
Director's Deed is available for delivery.
It is expressly understood by the purchaser that the right, title
and interest in the property to be transferred by this sale shall
not exceed that vested in the State of California and that no
policy of title insurance will be furnished or escrow fees paid
by the State of California in this transaction.
It is expressly agreed by the purchaser that the State of Calif-
ornia shall retain unto itself those reservations as indicated in
the attached copy of the Director's Deed.
-2-
The City of Newport Beach hereby agrees to purchase the above -
referenced property upon the terms and conditions stated herein.
Please indicate exactly how you wish title to be vested:
Place of execution
Date.of execution
City of Newport Beach
by
� ffYp6r who has thd authority
to commit the City of Newport
Beach to the Acquisition of this
Property
For Ufpartment of Transportation
Right of lt�a� Agent
Excess Land Sales
Rjmtgmb
DIST. I COUNTY RTE. P.M.
07 OR.4 / ZO zl
zo.
Parce /Nos. 0/8/88- 0 / -0 /(A 8
018188 -02 0 /(A8,
{TOTAL ARIA= 222, 980 S9. F/. or
119 Ac.
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STATE OF CALIFORNIA — DEPARTMENT OF TRANSPORTATION — DISTRICT 07
PLAT ACCOMPANYING g- g SCALE: No Seale
011MIC; Obi .F DEED 040a1 p 188 "91'91 DRWN: EN1CHKD ;WP
DATE: /2-/3-77
STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Gay.,nor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051 0
April 30, 1930
11 oQ
ey iFs CITY COUNCIL
City of Newport Beach
3300 Newport Beach Blvd.
Newport Beach, CA 92660
Attention: Mr. Robert Wynn
City Manager
Gentlemen:
07— Ora -1- 20.3/20.7
018188- 001 -01
018188- 002 -01
Excess Land
The State of California, through its Department of Transportation,
hereby offers to sell the above - referenced property to the City of
Newport Beach for the total purchase price of six hundred eighty -
nine thousand, one hundred fifty dollars ($689,150.00). This
letter, when fully executed by the parties, shall constitute the
sales agreement.
It is understood by the parties to this agreement that the property
will be used by the City for public purposes only, as defined in
City Ordinances numbered 1485 and 1730. A reversionary clause has
been inserted in the Director's Deed to assure such public use.
This sale is made, subject to the approval of the California
Transportation Commission, When the fully- executed copy of this
letter is returned to the Department of Transportation, the trans-
action will be processed for approval by the Commission.
Full payment of the purchase price shall be due and payable on
demand. Said demand shall be made when the California Transport-
ation Commission has approved the transaction and the executed
Director's Deed is available for delivery.
It is expressly understood by the purchaser that the right, title
and interest in the property to be transferred by this sale shall
not exceed that vested in the State of California and that no
policy of title insurance will be furnished or escrow fees paid
by the State of California in this transaction.
It is expressly agreed by the purchaser that the State of Calif-
ornia shall retain unto itself t1lose reservations as indicated in
the attached copy of the Director's Deed.
The City of Newport Beach hereb agrees to purchase the above -
referenced property upon the terms and conditions stated herein.
Please indicate exactly how you wish title to be vested:
Place of execution
Date of execution
City of Newport Beach
by�Off' er who has the authority
to commit the City of Newport
Beach to the Acquisition of this
Property
For Department of Transportation
Fright of jMy Agent
Excess Land Sales
RJM:gmb
a.
RVPEIANDOSON 4 -29 -60
Written bysWBP Checked bysFBZ
DIRECTOR'S DEED
0
SPACE ABOVE THIS LINE FOR RECORDER'S USE --
NEIy of Seashore Drive AP 45x121- X21'305.
My of Pacific Crast Hwy
DISTRICT
COUNTY
ROUTE
POST MILE
NUMBER
07
Ora
1
20 :21
Dn 018188. 01--01
The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to
all that real property in the - -- City!- Of- (€export $eJQil -- -------------------------------------------------------
County of_ -_ MMO-- _- .- _-- _---- _- ..--- - -_ -., State of California, described'as:
Whose portions of Lots 3 thru 83 of Tract No. 4400, as shown on
rAp recorded May 24. 1962 in Book 162, page 22 of I4160e119neous Mega,
In the office of the County Recorder of said county, and that portion
of Lot 1 of Section 19 in T 6 S, a 10 W. SM. as said section is
shown on an official plat filed in the District Land Office on August 4.
1890, described in Parcel 1 of Final Order of Condemnation, filed in
Superior Court Case 14o. 89748 (State Parcel A8189) to and for said
county, a certified copy( of said *inal order being recorded Maly 5,
1963 in Hook 66200 page 419 of Official Records in said office, sll
lying generally Southerly and Southwesterly of the following described
lines
Beginning at a point in the Southeasterly line of Lot 3 of said
Tract No. 4400, distant thereon H 340 261 550 E. 77.29 fLet from the
:coot Southerly corner of said Lot 31 thence from a tangent which
bears N 670 41* 37" W. ftethwesterly along a curve concave Northeasterly
and having; a radius of 1074.00 feet through an angle of l3° 03. 33 ",
an are distance of 244.79 feets thence tangent H 546 380 04" W9
1696.34 feet; thence H 53 °. 10* 53" Wo 1227.19 feet; thence X 53° 05+ 28" W,
302.33 feet to a point in the FAsterly line of the land described in
MAIL TAX
STATEMENTS TO:
FORM OH.ORW -353 (REV. 7-731 ELT. ]f>�. (Mlv.l0011 -]i 10M 0A.0,
deed recorded in Book D -377, page 65 of Deeds, records of said county,
distant along said Easterly line and the Easterly line of the land
described in deed recorded in Book D -377, page 68 of said Deeds.
N 160 37' 29" E, 91.54 feet, from the intersection of last said
line with the Southwesterly line of the land described in the deed
to the Los Angeles Inter -Urban Railway Co., recorded November 7, 1906,
in Book 139, page 9 of said Deeds; thence continuing N 530 05' 28" W,
300.00 feet.
TOGETHER WITH the underlying interest, if any, in and to the
public way, Orange Street, 50 feet wide, lying Southwesterly of the
above described course having a distance of 1696.34 feet.
SUBJECT TO THE EXCEPTION AND RESERVATION THEREFROM, all oil,
minerals, natural gas, and other hydrocarbons by whatsoever name known
that may be within or under the herein conveyed parcel of land, and
the rights thereto, together with certain other conditions, as excepted
and reserved in said Parcel 1 of Final Order of Condemnation, Superior
Court Case No. 89748 recorded July 5, 1963, in Book 6620, page 419 of
said Official Records.
It is expressly made a condition herein that the conveyed
property be used exclusively for open space purposes as defined in
Ordinance Number 1485, adopted on January 22, 1973 and Ordinance
Number 1730, adopted on May 9, 1977 by the City Council of the City of
Newport Beach, a public purpose, for a period of fifty nine (59) years
from the date of this deed; that if said property ceases to be used
exclusively for public purposes during this fifty nine (59) year
period, all title and interest to said property shall revert to the
State of California, Department of Transportation, and that the
interest held by the grantee(s), named herein, or its /their assigns,
shall cease and terminate at such time. It is understood and agreed
by the grantee(s), herein named, and its /their assigns, that the
foregoing provision constitutes a divestiture and will cause all
interest to revert to the State of California, Department of
Transportation, if the conveyed property ceases to be used for public
purposes.
y
Subject to special assessments if any, restrictions, reservations, and easements of record.
This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in
particular, by the Streets and Highways Code.
WITNESS my hand and the seal of the Department of Transportation of the State of California, this. -----------------
dayof---- -- --- ----- - - ---- - --- --- ----- --- -- 19--- - - - ----
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
DIRECFOR OF TRANSPORTATION
M
STATE OF CALIFORNIA
ss.
COUNTY OF SACRAMENTO
Attorney in Fact
Onthis --- --------- . -day of ----------- ------------------------- in the year 19.. --- -- . before me, .- -- -- --- -- ----- --- -- -- - ---- -- -- ---- - ----- -- - - - ---
a Notary Public in and for the State of California, residing therein, duly commissioned and sworn, personally
appeared ---- — ------ ----------------------------------- ------------------------- . -- -- -- -.----- - -- - -- - -known to me to be the person whose name is
subscribed to the within instrument as the Attorney in Fact of._.---..----..__-.-------------------------------------- .-- _- .--- _.--- _---- . - -..,
Director of Transportation of the State of California, and known to me to be the person who executed the within
instrument on behalf of the State of California, and he acknowledged to me that he subscribed the name of
--------------------- _ ----------------- -------- -------- ------------------------------------- .------------- as Director of Transportation, and his own name as
Attorney in Fact, and that the State of California executed the same.
WITNESS my hand and official seal.
Notary Public
THIS IS TO CERTIFY That the California High-
way Commission has authorized the Director of
Transportation to execute the foregoing deed at its
meeting regularly called and held on the..
dayof-- -- --- - -- ---- ------
City
.., 19 -.- in the
Dated this- --- ----- --day of- ---- ---- ---- ----- ----- --- - -- .... 19 -
s
DEPARTMENT OF TRANSPORTATION - nISTRICT 07
RIGHT OF WAY EVNEERING AND UTILITIES REIVATION BRANCH
APPENDIX "B"
07- Ora -1- 20,2/20.7
Parcel Nos. 018188- 01- 01(A8188)
018188- 02- 01(A8188)
STATEMENT OF CONDITION OF TITLE
The 'fee title to the parcel of land to be conveyed is vested in the
STATE OF CALIFORNIA free and clear of all encumbrances except:
A. 1. Easements or liens which are not shown by the public
records (a) of the District Court of the Federal District,
(b) of the county, or (c) of the city, in which said land
or any part thereof is situated;
2. Rights or claims of persons in possession of said land
which are not shown by those public records which impart
constructive notice;
3. Any fact,-rights, interests, or claims which are not
shown by those public records which impart constructive
notice, but which could be ascertained by an inspection
of said land, or by making inquiry of persons in
possession thereof, or by a correct survey;
4. Mining claims reservations in patents, water rights,
claims or title to water;
5. Any governmental acts or regulations restricting,
regulating, or prohibiting the occupancy or use of
said land or any building or structure thereon.
V. The'effect, if any, of the following liens, encumbrances,
derc!ct -s .mi ether matters, to which said title is subject:
1. Any adverse claim to any portion of said land which has
been created by artificial means or has accreted to such
portion so created.
2. The effect of an unrecorded easement dated July 24, 1950,
to drill through all lands and the subsurface of all lands
included within the boundaries of the City of Newport Beach,
as granted by the City of Newport Beach to Jergins Oil
Company, a corporation, as disclosed by an assignment of
DEC S
0
I]
a one -half interest of subsurface rights of way to Humble
011 and Refining Company, a corporation, recorded January 3,
1952, in Book 2270, page 282, Official Records.
3. The effect of an unrecorded agreement dated November 1,
1943, affecting all lands included within the boundaries
of the City of Newport Beach, executed by and between
said City and D. W. Elliott, relating to the drilling,
producing and operating of wells under the terms and
provisions contained therein, as disclosed by the
assignment above mentioned, which assignment also
discloses that Jergins Oil Company, a corporation,
is successor in interest to D. W. Ellott.
4. A sub - surface oil and gas lease, affecting said land
and other property, known as Lease No. 12384, dated
December 1, 1947, executed by Pacific Electric
Railway Company, as lessor, and by Jergins Oil Company,
as lessee, upon the terms, conditions and covenants
therein provided recorded October 6, 1955, in Book
3236, page 85, Official Records.
Recorded concurrently therewith in Book 3236, page 106,
Official Records, appears the record of an amendment
to said lease to include additional land as more
particularly described therein and to join Pacific
Electric Land Company, as lessor therein.
The present ownership of said leasehold and other
matters affecting the interest of the lessee are not
shown by this policy.
5. Sub - surface easements affecting said land and other
property and being included within the land described
in Exhibit II therein, below a depth of 400 feet from
the surface, in favor of Monterey Oil Company, a
corporation, and Humble oil and Refining Company,
a corporation, to drill a well or wells for the purpose
of producing gas, oil, etc., said wells to be bottomed
beneath other land, as disclosed by and more particu-
larly described in that certain modification of oil
and gas lease, with subsurface easement form attached
thereto, executed by Pacific Electric Railway Company
and said parties referred to above, recorded October 7,
1957, in Book 4061, page 197, Official Records. .
6. An unrecorded slant well agreement dated December 1,
1947, affecting said land and other property, executed
If
by Pacific Electric Railway Company, as permittor,
and Jergins Oil Company, as permittee, as disclosed
by various instruments of record, among them being
that certain instrument dated September 1, 1955, and
recorded October 7, 1957, in Book 4061, page 232,
Official Records, and designated "partial termination
and third amendment of 'Pacific Electric- Jergins'
slant well agreement" executed by and between Pacific
Electric Railway Company, a corporation, as permittor
and Monterey Oil Company, a corporation, and Humble
Oil & Refining Company, a corporation, as permittees,
said permittee's being referred to therein as successors
in interest to Jergins Oil Company.
7. Sub - surface easements and rights of.way to drill
under and through the subsurface of such part of said
land included within Parcel "B ", Sub. 1, as described
therein at a depth of not less than 100 feet below the
surface thereof, a well or wells, and incidental
purposes, for the purpose of exploring for and /or
producing oil, gas and /or other hydrocarbon substances
In and from lands lying Southeasterly of said present
Northwesterly boundary of said City of Newport Beach,
as disclosed by the agreement above mentioned.
8. Sub - surface easements affecting a portion of said
land, therein designated as "upland site ", as shown on
a map attached thereto for telephone lines, pipe
lines and incidental purposes, for the conduct of
permittee's operations upon "slant holes or wells"
located under said site for the purposes of oil
development under permittee's oil leases on adjoin
ing lands, as granted to Montery 011 Company, a
corporation, Humble Oil & Refining Company, a corpora-
tion, and Seaboard Oil Company, a corporation,
referred to as permittees, upon the terms, covenants
and conditions contained in that certain slant well
agreement dated September 1, 1955, and recorded
October 7, 1957, in Book 4061, page 263, Official
Records.
ADDITIONAL ENCUMBRANCES AND RESTRICTIONS, if any, are included in
DIRECTOR'S DEED.
` CITY OF NEWPORT BEACH
(� OFFICE OF THE CITY MANAGER
1Y' ;;vi.;idiL May 12, 1980 AGENDA ITEM
1' 64hc..i NO. F -3
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: ACQUISITION OF P.E. RIGHT -OF -WAY
History
Since 1974 the City has considered the acquisition of the P.E.
right -of -way in West Newport and developing it as the "West
Newport Park." In 1976 the City was successful in acquiring
from the State the most - easterly portion of the P.E. right -of-
way consisting of 68,707 square feet for $170,000 cash ($2.47/
foot.) This parcel was developed in 1977 with tennis courts,
tot playground, restrooms, small parking lot and some landscaping.
The balance of the parcels was not acquired because of the dif-
ference in valuations between the City and Caltrans.
Characteristics of the P.E. right -of -way are as follows:
1. Zoning: Open Space zoning designation
2. General Plan: The General Plan was amended
on December 17, 1973 to show
the subject site Recreational
and Environmental Open Space.
On November 22, 1976 the area
was designated to be included
in a Specific Area Plan. Addi-
tionally, the subject land lies
within the area of jurisdiction
of the Coastal Commission and
development would be subject
to their approval.
3. Number of Lots:
4. Size of Lots:1
M
69 feet by 40 feet
1Pursuant to the Attorney General's opinion (attached), these
subdivided lots have merged into two parcels divided by Orange
Avenue. It is the City's position, therefore, that this parcel
is no longer subdivided, but merely consists of two narrow
parcels. Parcel 1, which extends from the Santa Ana River to
Orange Street, has a frontage of 1,377 feet. Parcel 2 extends
from Orange Avenue easterly approximately 1,885 feet. Neither
parcel has access rights onto Pacific Coast Highway.
0
TO: MAYOR AND CITY COUNCIL - Page Two
i
Value and miscellaneous data on the parcels are as follows:
1.
2.
3.
4.
5.
6.
7.
Date of Caltrans acquisition
Acquisition price
Current State appraisal
City appraisal as Open
Space with date of valuation
of October 1, 1979
City appraisal as Open
Space with date of valuation
of March 10, 1976
City appraisal as a sub-
division with date of valu-
ation of March 10, 1976
Value based on median park
site value as established on
March 26, 1979
July 5, 1963
$1,527,501
$2,700,000
$625,000 to $675,000
$350,000 to $400,000
$900,000 to $1,300,000
$732,234
The parcels currently have available an 8 -inch V.C.P. sewer line,
an 8 -inch A.C.P. water line, and gas, electricity, and telephone
facilities available in Seashore Drive. Currently, the City of
Newport Beach leases the subject parcels for $100 a month.
This lease document carries some provisions for first right of
refusal by the City of Newport Beach for purchase.
General Discussion
On February 25, 1980, the City Council considered the acquisition
of this parcel and authorized the City Manager to contact
representatives of Caltrans to determine the lowest price with
which the City could acquire the subject parcels. On February 28,
1980, in a telephone conversation with Mr. Harry Kagan, the Chief
Right -of -Way Agent for Caltrans, it was represented to Mr. Kagan
that the City may be interested in acquiring the property. It
was further requested that the State appraise the subject
parcels and be prepared to discuss values with the City at an
early date. Mr. Kagan agreed to appraise the parcel and contact
me as soon as the appraisal was completed. During the first
part of April, 1980, Mr. Kagan telephoned and arranged a meeting
in my office for April 23 at 11 :00 a.m. The meeting was held as
scheduled and the City's appraisal and State appraisal were
reviewed. It was determined that the State appraisal, with a
TO: MAYOR AND CITY COUNCIL - Page Three
date of value of April 1, 1980, was $728,300, assuming Open Space
zoning and no subdivided lots. After some negotiation, the
State agreed to sell the subject parcel to the City of Newport
Beach under the following terms:
1. The City would pay $689,150 cash for transfer of the parcel
from Caltrans to the City. This represents a cost of $3.06
per square foot for the 225,078 square feet in the subject
parcels.
2. The State would place a restriction in the deed restricting
use by the City to those uses permitted in the OS zone.
A copy of the Open Space (OS) District or zoning permitted
is attached.
3. It was agreed by both parties that the City Council would
review, approve or reject, subject offer during the Council
meeting of May 12th and the Transportation Commission would
consider the proposal at their meeting of May 30, 1980.
If both parties concurred, the deed transfer could occur
the first part of June.
If the Council accepts the subject negotiated offer, an appropria-
tion of the required funds will be necessary either on May 12th
or May 27th or June 9th. Attached, members of the Council
will find a copy of a map showing the two parcels, a copy of
the Attorney General's opinion concerning the lot mergers and a
copy of the preliminary plan showing tentative improvements for
the West Newport Park. It should be pointed out that since the
adoption of the preliminary plan, on January 30, 1976, the subject
parcels have been narrowed by the widening of Pacific Coast
Highway. This reduction in width of the parcels would probably
require a new preliminary plan with elimination of improvements
such as tennis courts.
Finally, the Parks, Beaches and Recreation Commission has had
some recent input into the acquisition of this subject parcel.
On March 24, 1980 the City Council considered a memo from
the Parks, Beaches and Recreation Commission (copy attached) in
which the Commission recommended the acquisition of the subject
parcels. The City Council requested further information from
the Commission and specifically, a list of park priorities showing
the parcels to acquire, if any, and parcels to improve, if any,
with attendant costs. As the final attachment, you will find
this report from the Parks, Beaches and Recreation Commission.
TO: MAYOR AND CITY COUNCIL - Page Four
U,
ROBERT L. WYNN /J
City Manager
RLW /jmb
Attachments
Page 120
OS DISTRICT
Chapter 20.52
O P E N S P A C E D I S T R I C T
— — — — — — — — — — — — — — — —
Chapter 20.52
Open Space District
Sections:
20.52.010 Intent and Purpose.
20.52.020 Effect of Chapter.
20.52.030 Establishment of OS Districts.
20.52.040 Uses Permitted.
20.52.050 Uses Requiring Use Permit.
20.52.060 Parking.
20.52.070 Building Height.
20.52.010 INTENT AND PURPOSE. The OS District is
intended to prohibit intensive urban development of those
areas of the City which are subject to hazards of flood,
erosion, geologic instability, earthquake faulting, and
fires; to assure permanent open space in and for public parks,
beaches and recreation areas, marine and wildlife preserves,
land preserves, watershed areas, spreading grounds, and settling
basins wherein development would adversely affect public use
and natural environmental benefits; and to allow for the
temporary preservation of agricultural and natural areas.
(Ord. 1730 § 1 (part), 1977: Ord. 1485 § 1 (part), 1973).
20.52.020 EFFECT OF-CHAPTER. All sections of this
Title shall be subject to the provisions of this chapter.
(Ord. 1730 § 1 (part), 1977: Ord. 1485 § 1 (part), 1973).
20.52.030 ESTABLISHMENT OF OS DISTRICT. Land may be
placed in the OS District under the following conditions:
(a) Where land is in public ownership and in use as or
intended for future use as:
1. Public parks, schools, paseos, playgrounds,
beaches, marine and wildlife preserves, permanent
landscape or open areas.
2. Drainage or flood control channels, creeks,
rivers, or other water courses, watersheds,
t reservoirs.
3. Power transmission easements, or other public
utility corridors.
i
Page 121
OS DISTRICT
Chapter 20.52
4. Public harbors or marinas.
5. Other uses or facilities which, in the opinion
of the Planning Commission would fulfill the
intent of this section.
(b) Public or privately owned land when the use of said
land would endanger the public health, safety or
general welfare including:
1. Areas where natural topography may be too steep
to build upon and /or where the grading or develop-
ment of the land would endanger public health or
safety due to unstable geologic conditions,
erosion or flooding.
2. Areas subject to severe seismic hazards, including
surface ruptures from faulting, ground shaking
and soil liquefaction.
3. Areas subject to flooding or inundation from
storm water or tidal movements.
4. Areas under airport takeoff and approach patterns.
5. Other areas which, in the opinion of the Planning
Commission, would fulfill the intent of this
Section.
(c) Privately owned land upon formal agreement between
the owner(s) and the City:
1. Private parks, schools, paseos, playgrounds,
greenbelts, beaches, marinas, yacht clubs,
mooring facilities, and marine and wildlife
preserves, permanent landscape or open areas.
2. Areas of unique natural beauty (natural landforms,
prominent features, landscapes, natural vistas),
available to public access and views.
3. Private golf courses, tennis clubs, aquatic parks,
and cemeteries.
4. Other areas which, in the opinion of the Planning
Commission, would fulfill the intent of this
section.
(d) Private owned land upon formal ag9reement for a specific
period of time between the owners) and the City:
1. Land which is in agricultural or horticultural use.
7
• Page 122
OS DISTRICT
Chapter 20.52
2. Land which is substantially in its natural state.
3. Land which is of particular historic, cultural,
or scientific value.
4. Other uses which, in the opinion of the Planning
Commission, would fulfill the intent of this
Section. (Ord. 1730 § 1 (part), 1977: Ord. 1485
§ 1 (part), 1973).
20.52.040 USES PERMITTED. The following uses shall
be permitted in the OS District.
(a) Privately owned or public open recreation areas,
parks, schools, paseos, permanent landscape or open
space, playgrounds, beaches, marine and wildlife
preserves, cemeteries, and such buildings and struc-
tures as related thereto, but permitting no commercial
recreational uses where an admission fee is charged,
except as permitted under Section 20.52.050 of this
Chapter.
(b) Agricultural and horticultural uses and such buildings
and structures as related thereto subject to the pro-
visions of Section 20.52.050 of this Chapter.
(c) Public bicycle routes, hiking trails, and other
pedestrian ways.
(d) Public parking.
(e) Drainage channels, water courses, spreading grounds,
settling basins, reservoirs, power and utility lines.
(f) Marinas, harbors, mooring facilities subject to City
Council Harbor Permit Policy.
(g) Other uses which in the opinion of the Planning
Commission would fulfill the intent of this Section.
(Ord. 1730 § 1 (part), 1977: Ord. 1485 § 1 (part), 1973).
20.52.050 USES REQUIRING USE PERMIT. The following
uses shall be permitted subject to the securing of a Use Permit
in each case. Any such use which was in existence prior to
the property being reclassified to Open Space may be continued
or altered without securing a use permit provided that there
is no increase in the intensity of use.
(a) Residential structures for a watchman or caretaker
and his family.
(b) Commercial recreational facilities, including but not
limited to golf courses, aquatic parks, tennis clubs
and yacht clubs, where an admission or use fee or
club membership fee is charged.
Page 122 -1
OS DISTRICT
Chapter 20.52
(c) Night lighting other than normal parking or security
lights.
(d) Other uses, which in the opinion of the Planning
Commission, would fulfill the intent of this Section.
(Ord. 1730 § 1 (part), 1977: Ord. 1485 § 1 (part),
1973).
20.52.060 PARKING. Parking shall be provided in
accordance with the provisions of Title 20 or shall be established
by the Planning Commission. (Ord. 1730 § 1 (part), 1977: Ord.
1485 § 1 (part), 1973).
20.52.070 BUILDING HEIGHT. The building height limit
shall be as specified in Chapter 20.02. (Ord. 1730 § 1 (part),
1977: Ord. 1485 § 1 (part), 1973).
PRPSPECT
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CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
May 4, 1979
To: The Honorable Mayor and
Members of City Council
From: City Attorney
Subject: P. E. Right -of- Way /Merger
Approximately two years ago, our office submitted an opinion to
the City Council that, based on a then recent amendment to the
Subdivision Map Act, the lots in the former P. E. Right -of -Way
in the West Newport area had merged into a single lot. The
statute provides that merger occurs between two or more contig-
uous parcels when they are held by the same owner and they do
not conform to current standards for minimum lot size. Apply-
` ing the merger principle to the P. E. Right -of -Way was signi-
ficant because it would affect the value of the property and
would also require any purchaser to resubdivide before develop-
ment, thereby subjecting the development to the jurisdiction of
the City.
The o',m er of the property, CALTRANS, disagreed with our opinion
and suggested we obtain an Attorney General's opinion on the
subject. Attached is a copy of the Attorney General's opinion
which agrees with our position. Of course, the question may have
become moot, assuming the recently adopted open space zoning on
the property holds up. In light of the recent State Supreme
Court decision in Agins v. Tiburon, previously reported to the
Council, we have every reason to believe that the open space
zoning will not be invalidated.
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• CITY OF NEWPORT BEACH •
PARKS, BEACHES AND RECREATION DEPARTMENT
DATE: March 24, 1980
TO: Mayor and City Council
FROM: Parks, Beaches and Recreation Director
Item # F -3
SUBJECT: Acquisition of P.E. Right -of -Way
RECOMMENDATION: That the City Council be urged to acquire the
P.E. Right -of -way as soon as possible.
DISCUSSION: The Parks, Beaches and Recreation Commission at their
meeting of March 4, 1980 extensively discussed the possible acquisition
of the State -owned P.E. Right -of -Way. In addition to the recommendation
to acquire the subject property, the below listed items were requested
to be transmitted to the Council:
1. That the acquisition of the West Newport Park P.E. Right -of -Way be
given first and immediate priority.
2. That the City Council direct the City Manager to commence immediate
negotiations with the State of California for purchase of the P.E. Right -
of -Way.
3. That the City Council be provided the staff memo that provides infor-
mation on four (4) alternatives on development and maintenance of the
site.
4. That the General Fund Reserve be the first source of Funds to be used
for acquisition.
Upon acquisition, the Parks, Beaches and Recreation Commission would look
forward to providing recommendations regarding development plans that would
be prudent and beneficial to the community.
RAW:mb
Ronald A. Whitley, Direct r
iz 0
CITY OF NEWPORT BEACH
PARKS, BEACHES AND RECREATION DEPARTMENT
TO: PARKS, BEACHES AND RECREATION COMMISSION
FROM: Parks, Beaches and Recreation Director
SUBJECT: P.E. RIGHT -OF -WAY
DATE: March 4, 1980
To assist the Commission in determining what should go back to the City
Council on the acquisition and development of the P.E. Right -of -Way, I
have listed below comments regarding the area. In addition, four alter-
natives for development will be visually presented for your consideration.
PRIORITY
Acquisition - West Newport is a much deficient area from a park standards
standpoint. For this reason, the acquisition would be very desirable. As
a means of beautifying our west entrance to the City, this property would
provide needed open space as well as enhance the area.
Development - Because of the configuration of the available parcel, many
amenities found in the traditional park development are not possible. Every-
one, including residents of West Newport, must be made aware that the Park,
if developed in accordance with the adopted Master Plan, would not provide a
playfield, ball diamonds, etc. for active recreation and sports programs.
Funding - Acquisition, Development and Maintenance
In addition to my report to the City Manager on possible funding sources,
which appear to be minimal and negative, there are these possibilities:
(l.) General Fund Reserves (Acquisition)
(2.) Building Excise Tax (Development)
(3.) General Fund Operation (Maintenance)
Fiscal restraints that are facing the City because of recent tax reforms
are also found in County, State and Federal agencies that formerly provided
acquisition and development funds for park development. I don't mean to
sound negative, but realistically everyone has tightened their belts......
(Reverse..)
13 � •
ALTERNATIVES - DEVELOPMENT
(1.) The existing Master Plan, if developed, would require
$500,000 to develop. The Master Plan when prepared by
Kammeyer and Lynch, Landscape Architects, took into
account the future widening of Pacific Coast Highway.
Therefore, it is consistent with land available and could
be implemented as proposed. It is the feeling of staff
that the two (2) additional tennis courts should be de-
leted. This is due to the location or direction and the
indication that the four (4) existing courts are serving
the needs of the community.
(2.) No development is an alternative that would require no
development funds to be allocated.
(3.) Brown Alternative, is a reduced development plan that pro-
vides restrooms at Prospect, Orange and Olive Streets,
landscaping and twenty parking spaces with most of the
area left in its natural sand state.
(4.) Orange Alternative. is the same as the Brown Alternative
except that the far west end is expanded to provide for
park area.
And, of course, the Brown and Orange alternatives can be further reduced
by eliminating restooms, etc. A summary of costs for development alterna-
tives are: Maintenance Costs
(1.) $500,000 for full development... .. $25,000 Annually
(2.) ZERO...... $500 for litter pick -up (existing)
(3.) $250,00 for Brown alternative..... $7,500 Annually
(4.) $350,000 for Orange alternative... $12,000 Annually
Hopefully this will give sufficient data on the P.E. Right -of -Way to formu-
late recommendations to the City Council. Additional comments, questions,
answers and public input will be provided at the Co fission meeting of 3- 4- 80....
GOOD LUCK!
Ro ald A. Whitley, Director
RW:mb Parks, Beaches and Recreation
ly •
CITY OF NEWPORT BEACH
PARKS, BEACHES AND RECREATION DEPARTMENT
DATE: May 7, 1980
TO: ROBERT L. WYNN, CITY MANAGER
FROM: Parks, Beaches and Recreation Director
SUBJECT: Priority of Land Acquisition and /or Improvement Projects
An analysis and establishing priorities of future land acqusisiton and /or
capital improvement projects has been requested to assist as decisions are
made on the possible acquisition of the P.E. Right -of -Way. The priority
lisiting is provided to accompany your report to the City Council on a
negotiated price of the subject parcel.
PRIORITY
1. P.E. Right-of-Way Acquisition
This was determined by the Commission to be the number one
priority due to the following factors:
A. Price which was significantly below fair market value.
B. Location, - the property is at an entrance to the City.
C. The Commission felt that it is imperative to secure City
control of the property as soon as possible to prevent
development of the subject land into a parking lot.
ESTIMATED COST
2. Site ac uisition to be developed as a major recreation complex.
ocation is undetermined at this time; however, a location should
be pursued that will provide 6 -8 acres that has the environmental
capability of being a lighted facility. $600,000 to
$800,000
3. Phase I of Recreation Complex
This would include development of baseball diamonds for adult
recreation including backstop, playing field and ultimately
lighting if conducive for the particular location. This acqui-
sisition is of high priority because it would be revenue pro-
ducing. $400,000
4. San Miguel Park
This will include development of the 8 acres at San Miguel and
Spyglass Hill Road on land dedicated by the developer in accord-
ance with the park dedication ordinance. $800,000
Page Two • •
Priorities
PRIORITY ESTIMATED COST
5. Phase II of Recreation Complex
This would include a gymnasium, multi - purpose room
and concession facility, the details of which are
summarized in a letter dated October 24, 1979, from
Royleen White to Ron Whitley. $1,000,000
6. Development of the P.E. Right -of -Way
Development would consist of one of the several
proposals submitted to the City Council by the Parks,
Beaches and Recreation Department. Varies
7. Semeniuk Slouoh
Development of area in accordance with Master Plan. $ 400,000
The foregoing priorities were determined by the Parks, Beaches and Recreation
Commission at their meeting of May 6, 1980.
RW:mb
Ronald A. Whitley
OTY OF NEWPORT EPACH
COUNCILMEN MINUTES
ROLL CALL \� Mav 12. 1980 .,
Staff was directed to provide an additional small
Motion x
boat launching area on the easterly side on a
Ayes
i xx
x xl
x
x
trial basis, and to more clearly define the swim -
Noes
x
ming area boundaries.
i
I
3. A report was presented from the City Manager
P.E. Right-
regarding acquisition of P.E. Right -of -Way.
of -Way Acq.
(73)
A Letter of Agreement from the California State
Department of Transportation was presented.
i
i
I
Donald McInnis addressed the Council in favor of
I I
accepting the proposal.
Motion
i
j
x
Councilwoman Plummer made a motion to authorize
All Ayes
the acceptance of the proposal for the acquisi-
tion of the P.E. Right -of -Way in West Newport
Beach at the negotiated price of $689,150.00,
which motion carried.
4. A report was presented dated April 28 from the
Encroachment
Public Works Department regarding the application
Permit/Jack-
of Robert Jackson to construct a 2- foot -high brick
son
j
planter wall encroaching one foot into the park-
(65)
way at 437 Fernleaf Avenue.
I
A report dated May 12 from the Public Works
i
I
Department was presented.
I
�
Robert Jackson, the applicant, addressed the
Council requesting that his application be
� I
approved.
Motion Ix
Councilman Maurer made a motion to approve the
Ayes
x
Yi
x
x
application, which motion carried.
Noes x
x
i
5. Appointments to Citizens Advisory Committees:
CAC Apptmts.
(24)
Motion
X.
Heather made a motion to continue the fol-
All Ayes
I
i
lowing appointments to the meeting of May 27:
(a) Bicycle Trails Citizens Advisory
Committee
(District 2) Councilwoman Plummer's
j
appointment.
!
(District 7) Councilman Cox's appoint-
i
ment.
j(b)
Litter Contro_1C_itizen_s__Advisory
Committee
(District 2) Councilwoman Plummer's
appointment.
I
A report dated April 14 from the Public Works
6'
j
Department regarding the request of Mr. and Mrs.
Encroachment
John Valentine to construct retaining walls,
Permit /Valen-
i
planters, sidewalk, steps and landscaping in
time
i
public tight -of -way adjacent to 3709 Ocean Boule-
(65)
i
!
vard, Corona del Mar was presented.
I
I i
I I
l
I
I
Volume 34 - Page 1.10
COY OF NEWPORT SEWH
COUNCILMEN
\ A
ROLL CAL�L�� May 12, 1980 \\
MINUTES
IN nFY
A report was presented from the Parks, Beaches and
Recreation Director.
John Valentine, the applicant, addressed the
Council and gave a slide presentation regarding
his request for approval of the encroachment,
stating that there were two areas of concern; the
front yard and the rear yard.
The City Manager reported that staff was not
prepared to comment on the rear yard approval at
tonight's meeting, as this request was not sched-
uled for this meeting.
Motion
x
Mayor Heather made a motion to continue the
request to May 27.
Motion
x
Councilman Hummel made a substitute motion to
All Ayes
approve the application for the front yard in con-
currence with staff's recommendation, which motion
carried.
G. CURRENT BUSINESS:
1. A report was presented from the Public Works
Superior/
Department regarding the installation of traffic
Hosp. Rd.
signal and safety lighting at the intersection of
(C -2155)
Superior Avenue and Hospital Road (C- 2155).
R -9776
(38)
Margot Skilling, President of the West Newport
Beach Improvement Association, addressed the
Council in favor of the signal at Hospital Road.
Motion
x
The informality in the bid of Grissom and Johnson,
All Ayes
Inc., was waived, and Resolution No. 9776, award
ing a contract to Grisson and Johnson in connec-
tion with the installation of a traffic signal and
safety lighting at the intersection of Superior .
Avenue and Hospital Road (C- 2155); in the amount
of $61,633.00, was adopted.
2. A letter was presented by Murray Saul which was
Saul Refund
sent to him by the License Division in connec-
Business Lic.
tion with his request for a refund of $22.00.
(27)
Motion
x
The request for refund was denied.
All Ayes
3. A report was presented from the Utilities Director
Elliot Oil
regarding Elliot oil lease.
Lease /Arm-
strong Pet.
Robert Buchanan, Attorney representing Armstrong
(3g)
Petroleum, addressed the Council requesting that
consideration be given to renewing their Opera-
tional Agreement with the City.
Kurt Yeager, Rutan and Tucker, discussed the
City's rights regarding termination of the Agree-
ment.
Volume 34 - Page 111