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HomeMy WebLinkAboutC-3079 - Purchase Right of Way Agreement, State Route 73• 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT FROM: CITY CLERK DATE: December 27, 1995 SUBJECT: Contract No. C -3079 Description of Contract Purchase of Caltrans Right -of -Way adjacent to State Route 73 between Jamboree Road and Bayview Way (extended) Effective date of Contract November 1, 1995 Authorized by Minute Action, approved on December 11, 1995 Contract with Department of Transportation Address Amount of Contract (see agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach PURCHASE SALE AGREEMENT 12- ORA- 73 -P.M. 4.3 FULL PAYMENT DD 063769 -01 -01 In this dated November 1. 1995 by and between CITY OF NEWPORT BEACH _ hereinafter know as BUYER and STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, hereinafter known as SELLER, the parties agree as follows: For the sum of Two Hundred and Thirty Thousand dollars ($230,000.00), Buyer hereby agrees to purchase and Seller hereby agrees to sell the property legally described on Directors's Deed No. 063769- 01 -01, a copy of which is attached hereto. Subject to the following conditions: I All sales are made subject to the approval of the California Transportation Commission. lei Tendered with this agreement is a check in the amount of $ 23.000.00 as a 10% deposit on said property. The reminder of the purchase price in the amount of $ 207.000.00 shall be paid within 30 days from the date of the demand from the Seller. Said demand shall be made, in writing following approval of the sale by the California Transportation Commission, at the time the fully executed Director's Deed is available for delivery and recordation. In the event the Buyer fails to pay the balance owing.on demand, it is agreed that the sale may be canceled by written notice and that the Seller may retain the deposit as an offset against its actual damages and expenses in processing this transaction. III The buyer agrees to pay any and all recording fees, documentary stamp tax and monumentation fees chargeable by the County Recorder. At a later date, the Seller will request that these fees be forwarded to CALTRANS. (Government Agencies are usually exempt from paying recording fees, provided that the title is vested in the public agency's name). IV In the event the California Transportation Commission fails to approve this sale, all monies heretofore paid by the Buyer will be refunded without interest thereon. -1- MA It is expressly understood by the Buyer that the right, title and interest in the property to be conveyed shall not exceed that vested in the State of California and that no policy of title insurance will be furnished by the Seller. If a policy of title insurance is desired, the Seller will obtain one, upon request, at the Buyer's expense. The property is being conveyed subject to any special assessments, restrictions, reservations, or easements of record and subject to any reservations contained in the Director's Deed. Buyer may examine any information the Seller has relative to these matters. 1'/1 The Seller is willing to process this sale at no charge to the Buyer, except as set forth in paragraph III above, or the Buyer, at his option may open an escrow at his own expense. No escrow fees will be paid by the Seller. VII The Buyer agrees that title to the property being conveyed shall n not pass until the purchase price has been paid in full and that n„vor chaI I hnvo r, „c. r 4� +ham ..,- error +„ ,r 4 -; I +ho A; ror +... -.c n.r A has been recorded. The Buyer hereby agrees to the above terms and conditions of the sale. AGREED BY:1 l� Date Name and Title Please indicate exactly how title is to be vested City of Newport Beach The terms and conditions of the above agreement are hereby accepted, subject to the approval of the California Transportation Commission. BY: / Department of Transportation Vicci Messer Right of Way Agent Excess Land Sales 714- 724 -2422 attachments: director's deed map CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 r TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT FROM: CITY CLERK DATE: December 27, 1995 SUBJECT: Contract No. C -3079 Description of Contract Purchase of Caltrans surplus Right -of -Way adjacent to State Route 73 between Jamboree Road and Bayview way (extended) Effective date of Contract November 1, 1995 Authorized by Minute Action, approved on December 11, 1995 Contract with Department of Transportation Address Amount of Contract (see agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach DEC f i f995 CITY COUNCIL AGENDA ITEM NO. 6 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL f FROM: PUBLIC WORKS DEPARTMENT SUBJECT: RESOLUTION AUTHORIZING THE PURCHASE OF CALTRANS SURPLUS RIGHT -OF -WAY ADJACENT TO STATE ROUTE 73 BETWEEN JAMBOREE ROAD AND BAYVIEW WAY (EXTENDED) RECOMMENDATIONS: Adopt Resolution No 95 -_, approving the Caltrans purchase sale agreement and authorizing the purchase of a 1.1 acre surplus right -of -way parcel adjacent to State Route 73 between Jamboree Road and Bayview Way (Extended), for the appraised fair market value of $230,000; and authorizing the City Manager to accept the parcel on behalf of the City of Newport Beach. DISCUSSION: City Staff has reached an agreement with Caltrans to purchase a 1.1 acre surplus right -of -way parcel between the proposed Fletcher Jones site and State Route 73 (San Joaquin Hills Transportation Corridor). A sketch showing the parcel is attached. The City, with the concurrence of Caltrans, retained George Hamilton Jones, MAI, to appraise this parcel. In determining the parcel value, Mr. Jones took into consideration all of the various restraints to development that both this parcel and the adjacent parcel had to encumber their development potential. At Caltrans' direction, he valued the surplus parcel "in joinder" with the Fletcher Jones parcel. The appraised fair market value of the 1.1 acre surplus parcel is $230,000. A copy of the George Jones appraisal is available for review in the Public Works Department. Caltrans has agreed to sell the parcel to the City for the appraised amount. They require that the City adopt a resolution authorizing the purchase of the right -of -way. A 10% deposit has been submitted to Caltrans to begin the acquisition process. Caltrans has scheduled this surplus right -of -way sale for action at the January California Transportation Commission (CTC) meeting. Following approval of the sale by the CTC, the transaction can be completed in one to two weeks. The City's agreement with Fletcher Jones specifies that all costs related to the purchase of the surplus right -of -way will be reimbursed by Fletcher Jones upon transfer of the parcel. R tfully� PUBLIC WORKS DEPARTMENT Don Webb, Director Attachments: Sketch of Parcel Resolution RWPE: R.W. Smith (1 -10 -96 Written: RWS Checked: DD DIRECTOR'S DEED JAN 1996 4 Recorded in the County of Orange, California Gary L. Granville, Clerk /Recorder No Fee 19960064614 Hip 02/09/96 004 22005455 22 18 D10 6 07 0.00 7.00 15.00 0.00 0.00 0.00 0.00 0.00 0.00 CONFORMED COrY Not Compared with Original s use Map No. F- 1191 -8 & 10 Disuict Camty Race Pon Mile Number 12 Ora 73 4.7 DD 063769 -01 -01 The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City all that real property in Orange the- County of , City of Newport Beach State of California, described as: That portion of Block 51 of Irvine's Subdivision as shown on a map filed in Book 1, page 88 of Miscellaneous Record Maps in the office of the County Recorder of said county, being a portion of that parcel of land (Parcel 63769) described in the correction deed to the State of California, recorded July 14, 1977, in Book 12289, page 1726 of Official Records in said office, said portion of said parcel being described as follows: Commencing at the southerly corner of the northwesterly one - half of the southeasterly one -half of Block 50 of said Irvine's Subdivision, as said corner is shown on a map attached to a deed to said County of orange, recorded in Book 1055, page 115 of said Official Records; thence along the boundary line of said Parcel 63769 the following courses: Page 1 of 6 MAIL TAX STATEMENTS TO: F. RW 6-1(S) (Rc id 6196) 9 0 (1.) along the center line of Jamboree Road (132 feet wide) , as described in the deed to the City of Newport Beach, recorded June 6, 1962 in Book 6135, page 155 of said Official Records, South 40 039140" West, 112.69 feet; thence (2.) continuing along said center line, southwesterly, along a tangent curve, concave southeasterly, having a radius of 1599.94 feet, through a central angle of 5 00711411, an arc length of 142.99 feet to a point on said curve to which a radial line bears North 54 027134" West; thence (3.) along said radial line, South 54 027134" East 66.00 feet to a point in the southeasterly line of said Jamboree Road; thence (4.) northeasterly, along said southeasterly line, being a curve, concave southeasterly, having a radius of 1533.94 feet, concentric with and 66.00 feet southeasterly from that curve hereinabove described as Course (2.), through a central angle of 5 00711411, an arc length of 137.09 feet; thence (5.) along said southeasterly line, North 40 039140" East, 28.89 feet, to a tangent curve, concave southerly, having a radius of 27.00 feet; thence (6.) easterly, along said curve, through a central angle of 95 001'55 ", an arc length of 44.78 feet to the point of compound curvature with a curve, concave southwesterly, having a radius of 1272.00 feet, a radial line to said point bears North 45 041135" East; thence (7.) southeasterly, along said curve, through a central angle of 14 00411211, an arc length of 312.36 feet to the True Point of Beginning; thence (8.) leaving said curve and boundary line, South 39 048142" East, 13.81 feet to a tangent curve, concave southwesterly, having a radius of 1741.00 feet; thence (9.) southeasterly, along said curve, though a central angle of 18 02510411, an arc length of 559.65 feet; thence (10.) South 21 023138" East, 123.49 feet to the point of intersection with a curve, concave northerly, having a radius of 1748.00 feet, (the northerly line of proposed Bayview Way, 104 feet wide), a radial line to said point bears South 0 011142" West; thence (11.) westerly, along said curve, through a central angle of 5 026'3111, an arc length of 166.03 feet to the point of intersection Page 2 of 6 DD 063769 -01 -01 with a non - tangent curve, concave westerly, having a radius of 27.00 feet, the boundary line of said Parcel 63769, described as Course (10) in said correction deed, a radial line of last said curve to said point bears South 66 046 1157" East; thence (12.) northerly, along said curve and boundary line, through a central angle of 30 03610911, an arc length of 14.42 feet; thence (13.) continuing along said boundary line, tangent to last said curve, North 7 023106" West, 137.00 feet to a tangent curve, concave westerly, having a radius of 1072.00 feet; thence (14.) northerly, along said curve and boundary line, through a central angle of 8 05115411, an are length of 165.86 feet to the point of compound curvature with a curve, concave westerly, having a radius of 1272.00 feet, a radial line to said point bears North 73 045100" East; thence (15.) northerly, along said curve and boundary line, through a central angle of 13 05911311, an arc length of 310.52 feet to the True Point of Beginning. The bearings and distances used in the above description are based on the California Coordinate System, Zone 6, 1983 North American Datum, Orange County Surveyor's Adjustment of 1988. Divide the grid distances shown by 0.99996402 to obtain ground distances. RESERVING UNTO the State of California, its successors and assigns, an easement, 30.00 feet in width, 15.00 feet on each side of the hereinbelow described center line, for the purposes of construction, maintenance and operation of storm drain pipelines and appurtenances incidental thereto, in, on, over and across that portion of the above described real property described as follows: That portion of Block 51 of Irvine's Subdivision as shown on a map filed in Book 1, page 88 of Miscellaneous Record Maps in the office of the County Recorder of said county, being a portion of that parcel of land (Parcel 63769) described in the correction deed to the State of California, recorded July 14, 1977, in Book 12289, page 1726 of Official Records in said office, said portion of said parcel being described as follows: Commencing at the southerly corner of the northwesterly one - half of the southeasterly one -half of Block 50 of said Irvine's Subdivision, as said corner is shown on a map attached to a deed to said County of Orange, recorded in Book 1055, page 115 of said Page 3 of 6 DD 063769 -01 -01 0 Official Records; thence along the boundary line of said Parcel 63769 the following courses: (1.) along the center line of Jamboree Road (132 feet wide), as described in the deed to the City of Newport Beach, recorded June 6, 1962 in Book 6135, page 155 of said Official Records, South 40 039140" West, 112.69 feet; thence (2.) continuing along said center line, southwesterly, along a tangent curve, concave southeasterly, having a radius of 1599.94 feet, through a central angle of 5 00711411, an arc length of 142.99 feet to a point on said curve to which a radial line bears North 54 027134" West; thence (3.) along said radial line, South 54 027134" East 66.00 feet to a point in the southeasterly line of said Jamboree Road; thence (4.) northeasterly, along said southeasterly line, being a curve, concave southeasterly, having a radius of 1533.94 feet, concentric with and 66.00 feet southeasterly from that curve hereinabove described as Course (2.), through a central angle of 5 00711411, an arc length of 137.09 feet; thence (5.) along said southeasterly line, North 40 039140" East, 28.89 feet, to a tangent curve, concave southerly, having a radius of 27.00 feet; thence (6.) easterly, along said curve, through a central angle of 95 00115511, an arc length of 44.78 feet to the point of compound curvature with a curve, concave southwesterly, having a radius of 1272.00 feet, a radial line of last said curve to said point bears North 45 041135" East; thence (7.) southeasterly, along said curve, through a central angle of 14 00411211, an arc length of 312.36 feet; thence (8.) leaving said curve and boundary line, South 39 048142" East, 13.81 feet to a tangent curve, concave southwesterly, having a radius of 1741.00 feet; thence (9.) southeasterly, along said curve, through a central angle of 13 00613711, an arc length of 398.37 feet to the point of intersection with a curve, concave westerly, having a radius of 1000.00 feet, a radial line of last said curve to said point bears North 87 033136" East, said point being also the True Point of Beginning of the 30.00 foot wide easement center line; thence (10.) southerly, along said curve and easement center line, through a central angle of 14 °48'11", an arc length of 258.36 feet Page 4 of 6 DD 063769 -01 -01 to the intersection with Course (11.) in the above described real property. The side line of said 30.00 foot wide easement shall be prolonged or shortened so as to terminate northerly in Course (9.) and southerly in Course (11.) of the above described real property. The grantor, its successors and assigns, and their respective agents and assigns, shall have the right to trim or top such trees and other foliage, and to cut such roots as may endanger or interfere with said lines and appurtenances, and shall have the right to enter upon and to pass or repass along and over said easement whenever and wherever necessary for the purposes above set forth, provided, however, that in making any excavation on said property of the grantee the grantor herein shall make the same in such manner as will cause the least injury to the surface of the ground, landscaping and facilities so removed or disturbed by it, and shall restore the surface of the ground to as near its previous condition as possible, also provided that grantee, his successors and assigns, may use the surface of the above described easement area, without, however, the right to build permanent structures thereon. SUBJECT TO an easement, 10.00 feet wide, for telephone conduit purposes, to be granted to Pacific Bell by the City of Newport Beach at a later date. This real property description has been prepared by me, or under my direction. Robert W. Smith Licensed Land Surveyor No. 3158 ` Date: January 10, 1996 ,_.• 1 7 1 . Page 5 of 6 DD 063769 -01 -01 f Epp: 6 30 -96 ., ". � • Number 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 a Department of Transportation of the State of California, this _day of F'i L11 19 APPROVED AS TO FORM AND PROCEDURE a0,cl ATTORNEY DEPARTMENT OF TRANSPORTATIO STATE OF CALIFORNIA ss County of Sacramento STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JAMES W. VAN LOBEN SELS Director of Transportation ey /fin -�D Alffrney in Fact PERSONAL ACKNOWLEDGMENT On this the Lday of� 19 � , before me. ANN MARCHAND MONTrnMFRy_ Name, Title of Officer -E.G., "Jane Doe, Notary Public" personally Name of Signer D personalty krwwn to me 'proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that _&she executed the same in (Rilher authorized capacity, and that by hi er signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Notary Public's signature in and for said County State) Q Fpm M &1(S) (R...d Au 95) ANN MARCHAND MDNTGOMERY ; COMM. #1023404 u N NOTARY PUBLIC SACRAMENTO COUNtt, CALIFORNIA ' My Commission Expires April 17, 1998 THIS IS TO CERTIFY that the California Transportation Commission has authorized the Director of Transportation to execute the foregoing deed at its meeting regularly called and held on the /7fk' day n inrzl 19.ZL, in the City of SacrnMenfO. Dated this2 -L day of JQ vluct 6 19 COMMISSION PURCHASE SALE AGREEMENT 12- ORA- 73 -P.M. 4.3 FULL PAYMENT DD 063769 -01 -01 In this dated November 1. 1995 by and between CITY OF NEWPORT BEACH hereinafter know as BUYER and STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, hereinafter known as SELLER, the parties agree as follows: For the sum of Two Hundred and Thirty Thousand dollars ($230,000.00), Buyer hereby agrees to purchase and Seller hereby agrees to sell the property legally described on Directors's Deed No. 063769- 01 -01, a copy of which is attached hereto. Subject to the following conditions: 7 All sales are made subject to the approval of the California Transportation Commission. II Tendered with this agreement is a check in the amount of $ 23.000.00 as a 10% deposit on said property. The reminder of the purchase price in the amount of $ 207.000.00 shall be paid within 30 days from the date of the demand from the Seller. Said demand shall be made, in writing following approval of the sale by the California Transportation Commission, at the time the fully executed Director's Deed is available for delivery and recordation. In the event the Buyer fails to pay the balance owing.on demand, it is agreed that the sale may be canceled by written notice and that the Seller may retain the deposit as an offset against its actual damages and expenses in processing this transaction. III The buyer agrees to pay any and all recording fees, documentary stamp tax and monumentation fees chargeable by the County Recorder. At a later date, the Seller will request that these fees be forwarded to CALTRANS. (Government Agencies are usually exempt from paying recording fees, provided that the title is vested in the public agency's name). IV In the event the California Transportation Commission fails to approve this sale, all monies heretofore paid by the Buyer will be refunded without interest thereon. -1- V It is expressly understood by the Buyer that the right, title and interest in the property to be conveyed shall not exceed that vested in the State of California and that no policy of title insurance will be furnished by the Seller. If a policy of title insurance is desired, the Seller will obtain one, upon request, at the Buyer's expense. The property is being conveyed subject to any special assessments, restrictions, reservations, or easements of record and subject to any reservations contained in the Director's Deed. Buyer may examine any information the Seller has relative to these matters. VI The Seller is willing to process this sale at no charge to the Buyer, except as set forth in paragraph III above, or the Buyer, at his option may open an escrow at his own expense. No escrow fees will be paid by the Seller. VII The Buyer agrees that title to the property being conveyed shall not pass until the purchase price has been paid in full and that Buyer shall have no use of the Property until the director's Deed has been recorded. The Buyer hereby agrees to the above terms and conditions of the sale. AGREED BY: ti' Date Name 6nd Title Please indicate exactly how title is to be vested City of Newport Beach The terms and conditions of the above agreement are hereby accepted, subject to the approval of the California Transportation Commission. BY: 1,,2" Y Department of Transportation Vicci Messer Right of Way Agent Excess Land Sales 714- 724 -2422 attachments: director's deed map A 0 • December 11. 1995 CITY COUNCIL AGENDA ITEM NO. 6 e- R77 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: RESOLUTION AUTHORIZING THE PURCHASE OF CALTRANS SURPLUS RIGHT -OF -WAY ADJACENT TO STATE ROUTE 73 BETWEEN JAMBOREE ROAD AND BAYVIEW WAY (EXTENDED) RECOMMENDATIONS: Adopt Resolution No 95 -_, approving the Caltrans purchase sale agreement and authorizing the purchase of a 1.1 acre surplus right -of -way parcel adjacent to State Route 73 between Jamboree Road and Bayview Way (Extended), for the appraised fair market value of $230,000; and authorizing the City Manager to accept the parcel on behalf of the City of Newport Beach. DISCUSSION: City Staff has reached an agreement with Caltrans to purchase a 1.1 acre surplus right -of -way • parcel between the proposed Fletcher Jones site and State Route 73 (San Joaquin Hills Transportation Corridor). A sketch showing the parcel is attached. The City, with the concurrence of Caltrans, retained George Hamilton Jones, MAI, to appraise this parcel. In determining the parcel value, Mr. Jones took into consideration all of the various restraints to development that both this parcel and the adjacent parcel had to encumber their development potential. At Caltrans' direction, he valued the surplus parcel "in joinder" with the Fletcher Jones parcel. The appraised fair market value of the 1.1 acre surplus parcel is $230,000. A copy of the George Jones appraisal is available for review in the Public Works Department. Caltrans has agreed to sell the parcel to the City for the appraised amount. They require that the City adopt a resolution authorizing the purchase of the right -of -way. A 10% deposit has been submitted to Caltrans to begin the acquisition process. Caltrans has scheduled this surplus right -of -way sale for action at the January California Transportation Commission (CTC) meeting. Following approval of the sale by the CTC, the transaction can be completed in one to two weeks. The City's agreement with Fletcher Jones specifies that all costs related to the purchase of the • surplus right -of -way will be reimbursed by Fletcher Jones upon transfer of the parcel. R tfully� PUBLIC WORKS DEPARTMENT Don Webb, Director Attachments: Sketch of Parcel Resolution (3s) aw aU Ua 0 0 0 44 0 9 C5 as E-L N CU < r_ 0- .E . x 0 LU L- EL CI • 0 Ll RESOLUTION NO. 95 -136 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PURCHASE SALE AGREEMENT AND AUTHORIZING THE PURCHASE OF SURPLUS RIGHT OF WAY ADJACENT TO STATE ROUTE 73 BETWEEN JAMBOREE ROAD AND BAYVIEW WAY (EXTENDED) IN THE CITY OF NEWPORT BEACH WHEREAS, the City of Newport Beach (CITY) has requested the State of California Department of Transportation ( CALTRANS) to sell a 1.1 acre surplus right of way parcel (PARCEL) adjacent to State Route 73 between Jamboree Road and Bayview way (extended) to the CITY; and WHEREAS, CALTRANS and CITY did jointly agree to an appraisal process to determine the fair market value of the PARCEL in joinder with the adjacent 7.9 acre parcel to the west; and WHEREAS, the appraised fair market value of PARCEL has been determined to be $230,000 and both CITY and CALTRANS agree to this value; and WHEREAS, the PARCEL is encumbered with a CALTRANS storm drain and a underground telecommunications facility and CALTRANS will require CITY to maintain easements on PARCEL to provide for the future operation of these facilities; and WHEREAS, CITY will be required to grant the Southern California Edison Company (SCE) an easement across PARCEL to allow for the relocation of facilities that cross the land westerly of PARCEL; and WHEREAS, CITY will implement a mitigation plan to replace coastal sage scrub and other vegetation on PARCEL and the adjacent land to the west by establishing a 3 acre plant restoration area adjacent to the Upper Newport Bay Ecological Reserve and the restoration area will increase and improve habitat areas available for a threatened bird species; and WHEREAS, as a result of CITY acquiring the PARCEL and combining the PARCEL with the land to the west, public utilities and a public storm drain will be provided easements across the 1 0 PARCEL, habitat for threatened species will be increased, and the public interest will be further served by allowing a depressed and heavily encumbered piece of land to be developed in a manner which will help preserve a substantial source of sales tax revenue for the CITY. NOW, THEREFORE BE IT REQUIRED, that the City Manager, Kevin J. Murphy, is authorized to accept hte Directors Deed for PARCEL on behalf of the CITY and that the City Clerk is directed to transmit a certified cop of this Resolution and other related acquisition documents to the CALTRANS Right of Way Agent for the project. Adopted this 11th day of MAYOR ATTEST: ITY CLERK " J de \reso1ut \rcute53.res 2 December , 1995 STATE OF CALIFORNIA— BUSINESS AND TRANSPORANIN AGENCY • PETE WILSON, Coro,n., DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN STREET SANTA ANA, CA 92705 OFFER TO SELL SURPLUS LAND 12- Ora- 73- P.M. -4.3 DD 063769 -01 -01 City of Newport Beach Public Works Department P.O. Box 1768 Newport Beach, CA 92658 Attention: Mr. Don Webb The Department of Transportation hereby offers to sell the surplus land shown on the attached map in accordance with the provisions of Sections 54220 through 54227 of the Government Code. The following facts pertain to this land: 1. Size - 1.1 Acre 2. Present Zoning - Open Space, Public facilities 3. Highest and Best Use - Auto Dealership 4. Improvements - none 5. Encumbrances - Subject to all matters of public record and any easements of easements, or reservations not of record. A. Sale at Fair Market Value Pending Appraisal at Fair Market Value. Any sale pursuant to the above -noted statutes will be at current appraised fair market value. B. Notification of Intent to Purchase Surplus Land. Please notify the undersigned within sixty (60) days of your receipt of this notice if you intend to purchase this surplus land. C. Resale of Land for Development of Low and Moderate Income Housing. Government Code section 54224 allows a local agency, housing authority or redevelopment agency to reconvey land purchased from our Department to a non - profit or for - profit housing developer for development of low and moderate income housing. Page 2 D. Payment Period. Government Code Section 54225 allows our Department to provide for a payment period of up to twenty (20) years in any contract of sale by Trust deed as to: 1. Surplus land to be used for park, recreation or open - space purposes, and 2. Improved surplus land to be used for low and moderate income housing purposes. E. Multiple Offers. In the event our Department receives offers for the purchase of this surplus land from more than one entity, we shall give first priority to the entity which agrees to use the site for housing for persons and families of low or moderate income, except that first priority shall be given to an entity which agrees to use the site for park or recreational purposes if the land being offered is already being used and will continue to be used for park or recreational purposes, or if the land is designated for park and recreational use in the local general plan and will be developed for that purpose. (Government Code Section 54227). If we receive a notice of intent to purchase this surplus land within sixty ( 60 ) days of your receipt of this letter, we will prepare an appraisal of the surplus land. Upon completion of the appraisal, we will commence negotiations with your agency pursuant to Government Code Section 54223 regarding the sale of the land. If the price cannot be agreed upon after a sixty (60) day negotiations period, our Department may dispose of the land without further regard to Government Code section 54220 through 54227. Vicci Messer Right of Way Agent Excess Land Sales 714- 724 -2422 Attachments: Map STATE OF CALIFORNIA — BUSINESS AND TRAN5PORADN AGENCY • PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN STREET . SANTA ANA, CA 92705 November 3, 1995 12- ORA- 73 -P.M. 4.3 DD 063769 -01 -01 Emmet Berkery, P.E. 3345 Newport Beach Blvd Suite 3215 Newport Beach Subject: Purchase of Excess Land Parcel DD 063769 -01 -01 SR 73 between Jamboree and extension of Bayview Way Dear Mr. Berkery, Find enclosed, OFFER TO SELL SURPLUS LAND, to the City of Newport Beach and the PURCHASE SALE AGREEMENT for your review. Per our phone conversation on November 2, 1995 not enclosed is the conveying Director's Deed as it is not yet written, the deed is expected to be completed late next week, I will get you a copy as soon as possible there after. As I'm sure you're aware this sale is subject to the approval of the California Transportation Commission. We will make every effort to get this sale on the Jan. 96 meeting. The deadline for the State to get an item on the Jan. agenda is December 11, 1995. Before we can submit this item we will need from the City, the signed Purchase Sale Agreement and the Resolution from the City. Let me quote the requirements of that resolution from our State Manual. "Direct sales to public agencies for public purposes at fair market value. A resolution by the governing body of the public agency will be required stating that the excess land is to be used for public purposes. The intended specific use of the property shall be stated in the resolution. A copy of the resolution shall be submitted with the resume package to Division of Right of Way for California Transportation Commission approval ". Please do not hesitate to call with any questions. I Department of Transportation Vicci Messer Right of Way Agent Excess Land Sales 714- 724 -2422