HomeMy WebLinkAboutC-2641(B) - Irvine Avenue at Santiago Drive Intersection Improvements & Irvine Avenue Rehabilitation, Access Rights Purchase Agreement (16th to Irvine Avenue Adjacent to 2201 Santiago Drive)0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: July 16, 1991
SUBJECT: Contract No. C- 2641(B
Description of Contract Access Rights Purchase Agreement
(to Irvine Avenue adjacent to 2201 Santiago Drive)
Effective date of Contract July 11, 1991
Authorized by Minute Action, approved on July 8, 1991
Contract with Kent & Irene Dunlap
Address 2201 SantiaPO Drive
Newport Beach, CA 92660
Amount of Contract (See Agreement)
L C.• - /
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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TO: City Council
FROM: Public Works Department'
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July 8, 1991
CITY COUNCIL AGENDA
ITEM NO. F -2(b)
SUBJECT: ACQUISITION OF VEHICULAR ACCESS RIGHTS TO IRVINE AVENUE
AT 2201 SANTIAGO DRIVE
1. Adopt a Resolution of Intent to condemn access
rights to Irvine Avenue adjacent to 2201 Santiago
Drive.
2. Authorize the Mayor and City Clerk to approve an
agreement for the acquisition of access rights.
3. Authorize City Manager to execute the Certificate
of Acceptance for the Relinquishment of Vehicular
Access Rights Grant Deed.
DISCUSSION:
Kent and Irene Dunlap have reconsidered and accepted the
City's offer for the purchase of their vehicular access rights to
all but the southwesterly six (6) feet of the Irvine Avenue
frontage of their property at 2201 Santiago Drive. This
acquisition is needed to facilitate the Irvine Avenue at Santiago
intersection improvements contract that was awarded June 24, 1991.
The City's contract will remove the present "bottleneck"
on Irvine Avenue at Santiago Drive, by widening Irvine Avenue 8
feet. The widening also affects garage access to 2201 Santiago
Drive, owned by Mr. and Mrs. Kent Dunlap. In 1973 then parcel was
subdivided, and a right -of -way dedication of 8 feet wasjrequired on
Irvine Avenue and a 10 foot dedication on Santiago Drive. The
widening utilizes the 8 foot dedication on Irvine Avenue. The
property line is now 12 feet from the garage door, and the new
back of sidewalk elevation is one foot below the garage floor. A
12 foot drive is not long enough to allow a vehicle to park without
blocking the sidewalk. Vehicles would also have to. back on to
Irvine Avenue when exiting the garage.
Staff retained an architect to look at moving the garage
or constructing a new garage that would take access from Santiago
Drive. An agreement has been reached with the property owners to
acquire the vehicular access rights to all but the southwesterly 6
feet of the Irvine Avenue frontage. Under the agreement, the
Dunlaps are provided a lump sum payment of $41,000.00 to compensate
them for loss of access rights and for construction of a new garage
that takes access from Santiago Drive. The $41,000.00 will come
from the currently budgeted gas tax account for acquiring street
right -of -way No. 18- 3341 -003. The Dunlaps, by separate agreement
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Subject: Acquisition of Vehicular Access Rights to Irvine Avenue
at 2201 Santiago Drive
July 8, 1991
Page 2
with the adjoining property owner, have obtained the right to use
the adjoining driveway to gain access to their Irvine Avenue side
yard for secondary visitor parking. The Dunlaps are allowing the
neighbor's drive to be widened by 3 feet onto their property to
improve access to both sites. The City will construct a flared
commercial -type drive approach to improve site access.
The agreement with the Dunlaps also provides for a
Resolution of Intent to Condemn for the acquisition of access
rights. They have requested the resolution for tax reasons, and
agree with the proposed City settlement and agreement.
The attached Exhibit "A" shows the new location of the
Santiago driveway and the modified Irvine Avenue drive.
Copies of the Agreement, Relinquishment of Vehicular
Access Rights, Grant Deed, and Resolution of Condemnation are
available for review in the Public Works Department.
Contract No.
Santiago Drive will be
through a change order.
Benjamin B. Nolan
Public Works Director
DW:so
Attachments
2641 for the widening of Irvine Avenue and
modified to accommodate this extra work
C - z6�i09
ACCESS RIGHTS PURCHASE
THIS AGREEMENT entered into this ll�J day of
ala —P 1991, by and between BENT and IRENE DUNLAP,
husband and wife, owners of 2201 Santiago Drive, in the City of
Newport Beach, California 92660, hereinafter referred to as
"OWNERS", and the CITY OF NEWPORT BEACH, a municipal corporation,
organized and existing under and by virtue of its Charter and the
Constitution and the laws of the State of California, hereinafter
referred to as °CITY", is made with reference to the following:
R E C I T A L S:
A. OWNERS own the parcel of land at 2201 Santiago Drive
(PROPERTY) which is located at the westerly corner of Irvine Avenue
and Santiago Drive. Irvine Avenue is a Primary Road and Santiago
Drive is a Secondary Road on CITY'S Circulation Element of the
General Plan. CITY desires to widen Irvine Avenue by eight (8)
feet, widen Santiago Drive by four (4) feet, and construct new
pavement, curb, gutter and sidewalk. After widening Irvine Avenue,
OWNERS garage will be only 12 feet behind the sidewalk and, if left
in place, the driveway would be too steep to provide convenient
ingress and egress to the garage. The driveway could no longer be
used to park vehicles and vehicles using the driveway would have to
back onto Irvine Avenue to leave the garage.
B. CITY desires to acquire the vehicular access rights to
the PROPERTY along all but the southwesterly six (6) feet of the
Irvine Avenue frontage, so that vehicles will not be turning into
PROPERTY or backing from PROPERTY onto Irvine Avenue and thereby
improve public safety. The City has adopted a resolution of
intention to condemn the Irvine Avenue access rights and thereafter
will institute an eminent domain action if OWNERS do not convey
those rights to the CITY.
C. OWNER'S property will be damaged by the loss of vehicular
access to Irvine Avenue, in that OWNERS will no longer be able to
6/21/91
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use the existing garage. CITY, working with an architect, has
reviewed the various options available to relocate and /or
reconstruct the garage in a location that could provide equal
access and utility to the property.
D. CITY and OWNER, through this agreement and a related
access rights grant deed, desire to establish the terms and
conditions that will allow CITY to acquire vehicular access rights
to Irvine Avenue and OWNER to be compensated for the loss of the
use of the garage and access to Irvine Avenue.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
CITY agrees to:
1. Pay OWNER Forty -one Thousand dollars
($41,000.00) as full compensation for the
vehicular access rights, except the
southwesterly six (6) feet, across the Irvine
Avenue frontage of the PROPERTY, for the loss
of use of the existing garage and driveway,
for any damage to the property that might
accrue from the change of access to PROPERTY
from Irvine Avenue, for the construction of an
equivalent garage structure and drive on
PROPERTY that will take access from Santiago
Drive including site modification costs to
close off or demolish existing garage and
grade the new garage site.
2. Construct at no cost to OWNER, curb, gutter,
sidewalk, necessary retaining walls, relocate
sprinkler heads to back of new wall, driveway
and approach in the public rights -of -way of
Irvine Avenue and Santiago Drive. Adjust the
grade of the common driveway from Irvine
Avenue and pave the driveway and the adjoining
area to meet existing grades. The new drive
approach location on Santiago Drive will be in
the position that is shown on the attached
plan as Exhibit "A". The drive is to be 14
feet wide. The driveway from Santiago Drive
will be designed to have an elevation at
property line that will provide a two (2)
percent down slope toward the top of curb and
will be constructed to this grade, except as
provided for under "OWNER agrees to ", Section
6. City's contractor will rough grade the
drive to a point 15 feet behind property line.
3. Have CITY'S contractor grade and reconstruct a
portion of the entry sidewalk from Santiago
Drive with steps beginning at the new
retaining wall.
4. Have CITY'S contractor remove asphalt from
drive areas around existing garage that are no
longer needed and designated by OWNER for
removal. The area will be left smooth and
conforming to the natural slope.
Oa
OWNER agrees to:
1. Execute the Grant Deed attached as Exhibit "B"
relinquishing vehicular access rights for the
PROPERTY frontage except the southwesterly six
(6) feet along Irvine Avenue.
2. Stop using the existing garage and driveway
for vehicular access to Irvine Avenue on
September 1, 1991, unless this time is
extended by the Public Works Department due to
a delay in CITY'S widening project, with one
week's prior notice.
3. Construct a new garage with vehicular access
to Santiago Drive by July 1, 1992.
4. Allow CITY'S contractor to enter on PROPERTY
as necessary to remove existing driveway,
grade for and construct driveway and front
sidewalk, grade for property line retaining
walls and to make joins to areas affected by
adjacent sidewalk and driveway construction.
5. Use the southwesterly six (6) feet of Irvine
Avenue frontage jointly with the adjoining
property owner and that OWNERS intend to use
the joint driveway only when needed to provide
occasional additional parking for visitors or
maintenance activities for PROPERTY.
6. To reconstruct the Santiago Drive driveway to
meet a back of sidewalk grade which is 2%
above top of curb elevation, if in the future
the City widens Santiago Drive. The OWNER's
responsibility to reconstruct includes all
adjustments in grade and driveway repaving on
PROPERTY. City will not have to make any
adjustments or modifications to PROPERTY
related to the change in grade of the Santiago
Drive driveway. OWNERS will provide City with
the elevation to be used to rough grade the
driveway.
THE PARTIES AGREE that Forty -one Thousand dollars
($41,000.00) is full compensation for the vehicular access right to
the PROPERTY'S Irvine Avenue frontage, except the southwesterly six
(6) feet, for any damages to property related to the loss of use of
the existing garage and the construction of a new garage, for any
obligation CITY has to construct a new garage and for temporary
access to PROPERTY for construction related activities.
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IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed on the day and year first- above written.
CITY OF NEWPORT BEACH
a Municipal Corporation
By
Mayor
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2.10 114
Mee
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COUNTY OF RANGE )
On a 6 1991, before me, the undersigned, a
lettL(or o >_ and for Said a perso ly a peared
and ,� i o �(� 1, �a�0 known to
proved to a on the basi�satisfactory vldence) to be
the person whose name is subscribed in this in this instrument and
acknowledged that she executed it.
WITNESS my hand and off' ' 1 seal.
EAL
SHAUNA LYN OYLFR
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
I)MY Cumin. Emus Jan. 11i, 1993
STATE OF CALIFORNIA
) ss:
COUNTY OF ORANGE
Notary Public iif d9nd fo said State
On D 9 9� before me, the undersigned, a Notary
Public i d r the State, personally appeared Phil Sansone ,
known toLide to be the Mayor of the City of Newport Beach and
Wanda E. Raaaio , known to me to be the City Clerk of
the City of Newport Beach, known to me to be the persons whose
names are subscribed to the within instrument, and acknowledged to
me that they executed the same.
WITNESS my hand and
CIAL SEAL
SHAUNA LYN OYLER
NOTARY PUBLIC, CALIFORNIA
ORANGE COUN TY
My Comm. Ewes Jan. 16,1993
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RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
Space above this line for Recorder's use only.
INDEX AS AN EASEMENT
Don Webb - City Engineer
RELINQUISHMENT OF VEHICULAR ACCESS RIGHTS
GRANT DEED
KENT DUNLAP and IRENE DUNLAP, husband and wife, as joint tenants,
hereby release and relinquish to the CITY OF NEWPORT BEACH, a
municipal corporation, all vehicular access rights to the Irvine
Avenue frontage, except for the southwesterly six (6) feet, from
Parcel 2, Resubdivision 369, in the City of Newport Beach, as per
parcel map recorded in Book 52, Page 13 of Parcel Maps, Records
of Orange County, California.
Said relinquishment of vehicular access rights is shown on the
attached drawing marked Exhibit "A" for illustrative purposes.
Dated: d (� , 1991
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On a(a ,
undersigned, PNotary Public in an,
appeared Kent Dunlap and Irene D
to me on the basis of satisfactory
whose names are subscribed in this
that they executed it.
1991, before me, the
9 for Said State, personally
xnlan , known to me (or proved
evidence) to be the persons
instrument and acknowledged
WITNESS my hand and official seal.
EAL
SHAUNA LYN OYL11
® NOTARY PUBLIC • CALIFORNIA
ORANGE COUNTY
M/ Ommn. Escxts Jan. 16.1993
Notary Public in arld fors d State
EXHIBIT "B"
6
RESOLUTION NO. 91-82_
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH OF PUBLIC NECESSITY
AND INTENT TO CONDEMN BY EMINENT DOMAIN
VEHICULAR ACCESS RIGHTS FROM IRVINE AVENUE
TO REAL PROPERTY SITUATED AT 2201 SANTIAGO
DRIVE, NEWPORT BEACH, CALIFORNIA, NEEDED
FOR WIDENING OF IRVINE AVENUE
WHEREAS, this Resolution is adopted pursuant to California
Code of Civil Procedure Section 1245.230; and
WHEREAS, in accordance with California Code of Civil
Procedure Section 1245.235, notice was given to the property
owner stating the intention of the City Council to adopt a
resolution of public necessity for the acquisition of the
vehicular access rights along the Irvine Avenue frontage, except
for the southwesterly six (6) feet, of 2201 Santiago Drive,
Newport Beach, California; the subject property is more
particularly described as follows:
The real property situated in the State of California,
County of Orange, City of Newport Beach, being:
Parcel 2 of Resubdivision 369, in the City of Newport
Beach, as per parcel map recorded in Book 52, Page 13
of Parcel Maps, Records of Orange County, California,
and;
WHEREAS, the real property interests to be acquired are
located within the City limits and shall be used to control
access to a section of Irvine Avenue that is being widened; and
WHEREAS, the right of the City to acquire and hold real
property interests for purposes necessary to carry out any of its
powers or functions is authorized by virtue of the Statutes of
the State of California and Section 200 of its Charter, and the
power to acquire property interests by eminent domain is provided
in California Government Code Section 37350.5; and
WHEREAS, a hearing was duly held on May 13, 1991, and the
representatives of the owners were given an opportunity to be
heard; and
WHEREAS, the City Council finds and determines that the
public interest and necessity require the acquisition of
vehicular access rights to Irvine Avenue adjacent to all but the
southwesterly six (6) feet of 2201 Santiago Drive to improve the
safety for the vehicles traveling through the intersection of
Irvine Avenue and Santiago Drive when Irvine Avenue is widened by
eight (8) feet, in that restricting access near the intersection
• A ..
will reduce the conflicts between vehicles on Irvine Avenue and
vehicles slowing or stopping to access the adjacent property; and
WHEREAS, the City Council finds and determines that the
project is planned and located in a manner consistent with the
City's general plan, which will be most compatible with the
greatest public good and least private injury; and
WHEREAS, the City Council further finds and determines that
the taking of the vehicular access rights will require that the
owners of 2201 Santiago Drive abandon the use of the existing
garage on Irvine Avenue and construct a new garage that takes
access from Santiago Drive; and
WHEREAS, the City Council further finds and determines that
an offer was made to the owners of the subject property to
purchase the vehicular access rights and the construction of a
new garage on Santiago Drive for a sum the City Council believes
would constitute just compensation as required by California
Government Code Section 7267.2.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Newport Beach as follows:
1. The public interest and necessity require the widening
of Irvine Avenue and acquisition of vehicular access rights to
all but the southwesterly six (6) feet along the Irvine Avenue
frontage of 2201 Santiago Drive, in the City of Newport Beach.
2. The City Manager, Public Works Director and Director
of Finance are authorized and directed to take such actions as
are deemed necessary to acquire the subject property.
3. In the event negotiations for the purchase of the real
property interests are unsuccessful, the City Attorney is hereby
authorized and directed to institute as necessary, an action in
eminent domain to acquire the real property interests referred to
herein and to seek immediate possession thereof.
4. The Director of Finance is hereby authorized and
directed to draw such warrants as may be required by the Court as
deposit of probable just compensation to comply with California
Code of Civil Procedure Section 1255.010, et seq.
t Adopted this 8th day of July 1991. ,
Mayor(
• 4 •
RESOLUTION NO. 91 -82
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH OF PUBLIC NECESSITY
AND INTENT TO CONDEMN BY EMINENT DOMAIN
VEHICULAR ACCESS RIGHTS FROM IRVINE AVENUE
TO REAL PROPERTY SITUATED AT 2201 SANTIAGO
DRIVE, NEWPORT BEACH, CALIFORNIA, NEEDED
FOR WIDENING OF IRVINE AVENUE
WHEREAS, this Resolution is adopted pursuant to California
Code of Civil Procedure Section 1245.230; and
WHEREAS, in accordance with California Code of Civil
Procedure Section 1245.235, notice was given to the property
owner stating the intention of the City Council to adopt a
resolution of public necessity for the acquisition of the
vehicular access rights along the Irvine Avenue frontage, except
for the southwesterly six (6) feet, of 2201 Santiago Drive,
Newport Beach, California; the subject property is more
particularly described as follows:
The real property situated in the State of California,
County of Orange, City of Newport Beach, being:
Parcel 2 of Resubdivision 369, in the City of Newport
Beach, as per parcel map recorded in Book 52, Page 13
of Parcel Maps, Records of Orange County, California,
and;
WHEREAS, the real property interests to be acquired are
located within the City limits and shall be used to control
access to a section of Irvine Avenue that is being widened; and
WHEREAS, the right of the City to acquire and hold real
property interests for purposes necessary to carry out any of its
powers or functions is authorized by virtue of the Statutes of
the State of California and Section 200 of its Charter, and the
power to acquire property interests by eminent domain is provided
in California Government Code Section 37350.5; and
WHEREAS, a hearing was duly held on May 13, 1991, and the
representatives of the owners were given an opportunity to be
heard; and
WHEREAS, the City Council finds and determines that the
public interest and necessity require the acquisition of
vehicular access rights to Irvine Avenue adjacent to all but the
southwesterly six (6) feet of 2201 Santiago Drive to improve the
safety for the vehicles traveling through the intersection of
Irvine Avenue and Santiago Drive when Irvine Avenue is widened by
eight (8) feet, in that restricting access near the intersection
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will reduce the conflicts between vehicles on Irvine Avenue and
vehicles slowing or stopping to access the adjacent property; and
WHEREAS, the City Council finds and determines that the
project is planned and located in a manner consistent with the
City's general plan, which will be most compatible with the
greatest public good and least private injury; and
WHEREAS, the City Council further finds and determines that
the taking of the vehicular access rights will require that the
owners of 2201 Santiago Drive abandon the use of the existing
garage on Irvine Avenue and construct a new garage that takes
access from Santiago Drive; and
WHEREAS, the City Council further finds and determines that
an offer was made to the owners of the subject property to
purchase the vehicular access rights and the construction of a
new garage on Santiago Drive for a sum the City Council believes
would constitute just compensation as required by California
Government Code Section 7267.2.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Newport Beach as follows:
1. The public interest and necessity require the widening
of Irvine Avenue and acquisition of vehicular access rights to
all but the southwesterly six (6) feet along the Irvine Avenue
frontage of 2201 Santiago Drive, in the City of Newport Beach.
2. The City Manager, Public Works Director and Director
of Finance are authorized and directed to take such actions as
are deemed necessary to acquire the subject property.
3. In the event negotiations for the purchase of the real
property interests are unsuccessful, the City Attorney is hereby
authorized and directed to institute as necessary, an action in
eminent domain to acquire the real property interests referred to
herein and to seek immediate possession thereof.
4. The Director of Finance is hereby authorized and
directed to draw such warrants as may be required by the Court as
deposit of probable just compensation to comply with California
Code of Civil Procedure Section 1255.010, et seq.
Adopted this 8th day of July 1991. :-�
Mayor,
t k
City Clerk