Loading...
HomeMy WebLinkAboutC-3066 - MOU (Bayview Way & San Diego Creek North)• ` C -3o6� MEMORANDUM OF UNDERSTANDING This Memorandum dated AQ 1995 expresses the understanding of the San Joaquin Hills Transportation Corridor Agency (the "Agency ") and the City of Newport Beach ("the "City ") regarding Bayview Way (formerly University Drive North) and is premised on the following: A. Pursuant to authority granted in Government Code Section 66484.3, Agency is constructing a highway known as the San Joaquin Hills Transportation Corridor (the "Corridor") from Interstate 5 in the city of San Juan Capistrano northerly to the terminus of Route 73 near Jamboree Road in the City. B. Construction and operation of the Corridor impacts salt water marsh habitat, and Agency desires to mitigate this impact by creating a now salt water marsh habitat (the "Salt Water Marsh") in the area shown as suM on Exhibit A. C. The City has an easement for street and highway purposes for University Drive North (the "Old Easement ") over which a road has not been constructed. The location of the Old Easement no longer matches the intended alignment of Bayview Way, and it is in the area Agency desires to use for the Salt Water Marsh. D. City desires to acquire an easement for the intended alignment of Bayview Way, either from the Agency or directly from The Irvine Company ('TIC "), or acquire an easement for a portion of the alignment from the Agency and a portion from TIC. NOW THEREFORE, Agency and City intend to negotiate a formal agreement containing the following terms: 1. The City shall notify the Agency by March 31 , 1996, whether the City would like the Agency to acquire an easement for Bayview Way at a location ra\vsiz0000z 0 0 matching the intended alignment (the "New Easement"), and the necessary terms of such easement. Upon such notice, Agency shall negotiate with TIC for the acquisition of the New Easement. If the City does not so notify the Agency by March 3 1996, it shall be presumed that the City shall acquire the New Easement directly from TIC. At the election of the City, the City may acquire one New Easement from the Agency and one New Easement directly from TIC, so that such New Easements combined cover the entire intended alignment for Bayview Way in the area shown on Exhibit A. The Agency shall coordinate with the City in the preparation of the legal descriptions for the New Easement. 2. When the City acquires the New Easement for the area shown on Exhibit A, either directly from TIC or from the Agency or from both, the City shall vacate the street contemplated by the Old Easement. City shall execute a quitclaim or other documents which may be necessary in order that the Old Easement not affect title to the area covered by the Salt Water Marsh. These transactions are supported by good and valuable consideration although not monetary consideration. 3. Agency shall require California Corridor Constructors to grade the full width of Bayview Way from Jamboree Road to approximately 600 feet east of Jamboree Road, as shown on Exhibit A, as requested by the City and agreed to by Agency. 4. City shall design, construct and obtain all permits or environmental clearances necessary for the construction of Bayview Way from Jamboree to approximately 600 feet east of Jamboree Road, as shown on Exhibit A. -2- 9512aoos.ua -06(02 s 11 r'1 u This Memorandum is not a binding agreement, but rather expresses the intent of the parties to negotiate an agreement on the terms set forth above. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY Name: William Woollett, Sr. Title: Chief Executive Officer THE CITY OF NEWPORT BEACH By: AgAtOk Name: AV -3- 95120002.LA1 - OBRMW 0 0 EXHIBIT "A" 0 b E0 160 / 5 0� 5e I / S ` _ Z 7 Z I 4 CHANNEL CREEK LEGEND VIEGO SAN QJ TRANSPORTATION CORRIDOR AGENCY PROP (THf STRIP) 02 NEW EASEMENT 03 OLD EASEMENT ® SALTWATER MARSH © JR -S FLYOVER RAMP © RESERVED AREA (IS'LINE) © CONSTRUCT /ON EASEMENT