HomeMy WebLinkAboutC-3079 - Purchase Right of Way Agreement, State Route 73•
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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
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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
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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