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HomeMy WebLinkAboutProperty Acquired - State of California Property0 TO: CITY COUNCIL BY THE CITY COUNCIL CITY OF NEWPORT BEACH OCT 111983 FROM: Public Works Department October 11, 1983 CITY COUNCIL AGENDA ITEM NO. tC— 3 rot SUBJECT: PURCHASE OF THE STATE'S TITLE TO TAX DEEDED PROPERTY (T.C. SALE #1291) RECOMMENDATIONS: Purchase State's Tax Deeded Property located at westerly corner of Sunset Drive and Colton Street, and at westerly corner of Flagship Road and Dana Road. 2. Authorize the Mayor and the City Clerk to execute the Agreement. DISCUSSION: The Orange County Tax Collector's office has informed the City of their intention to sell two parcels of the State's Tax Deeded Property, allowing the City the first option to purchase the parcels. The parcels to be sold are AP 045- 063 -03 - minimum bid $100 and AP 425 - 252 -02 - minimum bid $125. The locations of the parcels are shown on the attached Exhibits "A" and "B ". The parcels would be used for street right -of -way purposes. Funding will be from non - departmental Acct. No. 02- 1440 -009, Land Acquisition. The terms of agreement for purchase include the following: That for 10 -years following the date of purchase, the City will not offer said property for resale; that within 10 years from date of purchase the City will devote said property to the public purpose for which it was acquired; that in the event the City fails to devote said property to the stated public purpose within 10 years, or the City attempts to sell the property for any reason, the terms of the agreement and the deed will automatically revert the property from the ownership of the City to the ownership of the State of California. Benjamin B. Nolan Public Works Director IM:do Att. SuFSURFACE FEE TITIP ASSES ,------PA-'?CS,L rOSEPURCAMSE, 54 D COL r0A1 STREEr � lj It 'Y 23 Qt, rq (23)' (92-14 - T T �20 I 5; -24 :2 (i 1'9 16 �2 12 23 27. 26 1: 3 AIC,17- STRft- 4" 'j 17) 5: S TRE67 /71 /61"!/51 u 7 /V 31 f Q. N7 J1, ASSrS,50R'S F-,OCKj ASSESSOP'S MAP PARCEL NUMBERS BOOK45 PAGE" 06 SHOWN //V -'RC,k'S , (^,VVTY OF OR exq/a/i oWkG /00, [I 425 -255 Sud. POP LOr !09 N<_'TC 4`;jC350R S Bt.C�Cx g. ASSE.SSCR'S MAP PAPC[L NUMBERS ROOK 425 PAGE 25 CD SHOWN IN CIRCLES COUNTY OF ORANGE E.YH /8 /T V I Purchase by City that is 2 a Revenue District 3 4 A G R E E M E N T 5 AGREEMENT FOR THE PURCHASE BY A CITY OF THE STATE'S TITLE TO TAY. DEEDED PROPERTY AS PROVIDED BY DIVISION I, PART 6, CHAPTER 8, OF THE CALIFORNIA 6 REVENUE AND TAXATION CODE. 7 THIS AGREEMENT, made the day of , 8 19_, by and between the Board of Supervisors of the County of Orange, 9 State of California, and the City of Newport Beach , 10 (hereinafter referred to as CITY), a municipal corporation in the State of 11 California, subject to the approval of the California State Controller, 12 pursuant to the provisions of Division I, Part 6, Chapter 8 of the Calif - 13 ornia Revenue and Taxation Code, 14 W I T N E S S E T H: W Wf o,� 15 WHEREAS, there is situated in CITY that certain property described WOO >W 16 in Exhibit "A ", attached hereto and made a part hereof, which has been LL 00 17 deeded to the State of California for delinquent taxes'; and 18 WHEREAS, said delinquent taxes include taxes levied by CITY which 19 are collected on behalf of CITY by the Orange County Tax Collector; and 20 WHEREAS, CITY needs the property described in Exhibit "A" attached 21 hereto and made a part hereof for public Street and highway 22 purposes and intends to devote the property to said purposes within 10 23 years from the date this Agreement becomes effective; 24 NOW, THEREFORE, it is hereby mutually agreed as follows: 25 1. That the Board of Supervisors of the County of Orange agrees to .0 26 sell and CITY agrees to buy all or any portion of the property described 27 0 N 28 0 LL LW�': gr 7 B 9 10i 11 12 13 14 W> W. ozo, 15 0 WVu W 16' W } V Of Z OZ� Oo 17 18 19 20 21 22 23 24 25 r 26 N N 0 27 ® 28 LMW:mr 6/21/7 in Exhibit "A" attached hereto and made a part hereof which shall not have been redeemed as provided in the California Revenue and Taxation Code, upon payment by CITY to the Orange County Tax Collector of the sum set forth in said Exhibit, after the description "PURCHASE PRICE," within 10 days after this Agreement becomes effective. 2. That for 10 years following the date upon which this Agreement becomes effective, CITY will not offer said property for sale. 3. That within 10 years from the date this Agreement becomes effective CITY will either devote said property to public street and highway purposes or reconvey the property to the State of California as provided for in paragraph 4 herein. 4. That in the event CITY fails to devote said property to public street and highway purposes within 10 years after this Agreement becomes effective, or CITY desires to divest itself of said property within said 10 year period, CITY will execute a deed to the State of California re- conveying to the State all the right, title and interest of the State in the property which CITY obtained by the deed executed by the Orange County Tax Collector pursuant to this Agreement. Thereafter, such property shall be held as tax- deeded property by the State. 5. That a breach of the conditions described in paragraphs 2, 3, and 4 of this Agreement shall cause said property to revert to the State of California which shall have the right of immediate re -entry upon said property, to be exercised by its agent the Orange County Tax Collector, in the event of any such breach. 6. That in the event title to the property revests in the State of California as provided for in paragraphs 4 or 5 herein, CITY will not be entitled to a refund of the "PURCHASE PRICE" paid pursuant to this Agreement. 2. 1 2 3 4 5 6 7 8 9 10 11M 12 1 13 14 wZ LLZ; 15 O W 0 U "" 16 Z I ,W LL � LL Z O a 00 17 18 19 20 21 22 23 24 25 26 i N N n 27 LL Z LMW:m 6/21/ 0 7. That as provided by Section 3808 of the California Revenue and Taxation Code, CITY will not share in distribution of the "PURCHASE PRIC paid pursuant to this Agreement to the Orange County Tax Collector. 8. That as provided in Section 3800 of the California Revenue and Taxation Code, the cost of giving notice of this Agreement shall be paid by CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. ATTEST: BOARD OF SUPERVISORS OF ORANGE COUNTY JUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California By Chairman ATTEST: CITY OF NEWPORT BEACH APPROVED AS TO FORM: & U_ Assistant City Attor APPROVED this 19 day of KENNETH CORY, STATE CONTROLLER sAr , Deputy This Agreement was submitted to me before execution by the Board of Supervisors and I have compared the same with the records of the County relating to the real property described therein. ROBERT L. CITRON County Tax Collector- Treasurer Gill 3. Deputy Description • EXHI BIT "A" • First Year Delinquent, AP 045 - 063 -03 TRA 07 -001 1976 Tr No 772 That per of Lot 22,B1k 24 desc as fol: Beg at the SWly corner of sd Lot 22; th N 340 21' 57" E alg the NWly In of sd Lot 22, a distance of 6.00 ft to the beg of a tangent curve, concave NEly having a radius of 6.00 ft, the SWly and Sly alg sd curve, thru an angle of 900 01' 22" a distance of 9.43 ft to a line tangent, sd line tang- ent being the SWly line of sd Lot 22: th N 550 39' 25" W alg sd SWly line, a distance of 6.00 ft to the pt of beg. AP 425 - 252 -02 (formerly: AP 1976 117 - 762 -02) TRA 07 -076 Irvine Subdivision That per of Lot 169, Blk 2, lying SWly of the SEly prolongation of Lot A of Tr No 5783, lying NEly and Nally of the land desc in the dd to the City of Newport Beach rec June 27, 1962 in Bk 6159, Pg 464 of OR of Orange County. 4. Sale Number 234553 267575 Purchase Price $100 $125 0. • August 19, 1980 CITY OF NEWPORT. BEACH AUG 2 5 1980 OFFICE OF THE CITY MANAGER (714) 640 -2151 By, the CITY COUNCIL CITY Qlf ICI M- ff NOGUH Mr. Michael D. Stephens Administrator Hoag Memorial Hospital Presbyterian 301 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Stephens: Pursuant to recent discussions held involving yourself, Robert Burnham, Assistant City Attorney, and the State, it is our understanding that agreement has been reached rela- tive to procedures for implementing a proposed property lease /purchase arrangement involving the State and your institution. Specifically, this arrangement will, we understand, when executed, eventuate the assignment of the State's interest in the 22.8 acre parcel located on the north side of Coast Highway, to Hoag Memorial Hospital Presbyterian. The City, of course, currently leases a 5.6 acre portion of this property from the State and in turn subleases said portion to a private individual for R. V. parking purposes. It is our further understanding that the assignment of the State's interest will only immediately impact the City's lease to the extent that rental payments currently forwarded to the State will instead be forwarded to Hoag. The City, of course, unless or until such time as its lease is termina- ted pursuant to the terms of the existing agreement, shall continue to receive the established percentage of gross receipts from the operation of the R. V. lot. We trust that this letter provides an accurate confirmation of the procedures to be utilized in the subject transaction. Please do not hesitate to contact this office if you have questions or comments. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 • • Page -2- Please be assured that the City of Newport Beach waives the sixty -day notice requirement currently provided for in this City's lease with the Department of Transportation. By waiving of the sixty -day notice it permits Hoag Hospital to assume jurisdiction of the lot prior to September 1, 1980. By carbon copy of this letter I am advising the California State.Department of Transportation of this City's waiver. Si erely, C;) � ROBERT L. WYNN City Manager CC: Members of the City Council Mr. Robert Burnham, Assistant City Attorney HOAG MEMORIAL HOSPITAL PRESBYTERIAN 301 NEWPORT BOULEVARD -BOXY -NEWPORT BEACH, CALIFORNIA 92663 -PHONE (714) 645 -8600 August 11, 1980 Mr. Bob Wynn, City Manager ' City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 After months of negotiations with the State of California Department of Transportation, it appears that we have reached agreement on the terms of a lease /purchase option proposal for acquisition of the parcel on the north side of Pacific Coast Highway known as Caltrans East. Basically, the agree- ment allows Hoag Memorial Hospital Presbyterian to lease the 5.6 -acre plot of land currently leased to the City of Newport Beach, with an option to purchase the entire 22.8 acres at such time as Caltrans is able to make the land available for purchase. Assembly Bill 462, signed by Governor Brown on September 27, 1979, specifically excludes this land from the Coastal Zone on the condition that the Department of Transportation, within one year of the effective date of the bill, enters into an agreement which provides for hospital - related use of the parcel. Both Hoag Memorial Hospital Presbyterian and the Department of Transportation wish to have the agreement which we have negotiated become effective on September 1, 1980. In order to do so, it would require the City of Newport Beach to waive the sixty -day notice requirement currently provided for in the City of Newport Beach's lease with the Department of Transportation. A NON - PROFIT COMMUNITY HOSPITAL ACCREDITED By THE JOINT COMMISSION ON ACCREDITATION OF HOSPITALS y Mr. Bob Wynn August 11, 1980 Page Two Hoag Memorial Hospital Presbyterian would like to request that the City of Newport Beach grant such a waiver. In doing so, Hoag would agree to assume any and all obligations which the City of Newport Beach has under the terms of its sub -lease with the current sub - lessee of that property. By acting favor- ably upon this request, the City assures that both the City of Newport Beach and Hoag Memorial Hospital Presbyterian have the ability to plan for the ultimate use of the parcel that will best serve the residents of Newport Beach. �Very truly yours, Michael D. Stephens Administrator MDS /alt PARKS, MAR 924 1980 By the CITY COUiVCIIL CITY Go 14RWKMT BGACH CITY OF NEWPORT BEACH • BEACHES AND RECREATION DEPARTMENT DATE: March 24, 1980 TO: Mayor and City Council FROM: Parks, Beaches and Recreation Director Item # F -3 SUBJECT KC{ulsftfon 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 meet n 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, Director 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 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: (1.) 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..) ALTERNATIVES - DEVELOPMENT (1.) The existing Master Plan, if developed, would require Hopefully this will give hate recommendations to answers and public input GOOD LUCK! RW:mb sufficient data on the P.E. Right -of -Way to formu- the City Council. Additional comments, questions, will be provided at the Co ission meeting of 3- 4- 80.... Ro ald A. Whitley, Director Parks, Beaches and Recreation $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 hate recommendations to answers and public input GOOD LUCK! RW:mb sufficient data on the P.E. Right -of -Way to formu- the City Council. Additional comments, questions, will be provided at the Co ission meeting of 3- 4- 80.... Ro ald A. Whitley, Director Parks, Beaches and Recreation BALBOA COVES COMMUNITY ASSOCIATION P. 0. Box 1224 lG' � wpttrt Beach, California 92663 1979 PRESIDENT Bill McLaughlin #67 MAR Q iC10o 6753732 MAR 2 IJO VICE PRESIDENT Tom Orlando .15 By the CITY COUNCIL BOARD DIRECT George a Curtis r44 ORS, OF HQWMT IRACH Judy Domaszewicz -32 Stan Love .63 SECRETARY Jack F. King .30 TREASURER Karen Orlando u 15 March 7, 1980 � S Paul Rycoff, Mayor City of Newport Beach Newport Beach, California Dear Mayor Rycoff: The Board of Directors, Balboa Coves Community Association urges the Council to consider the immediate purchase of the Pacific Electric right -a -way property in West Newport Beach. The purchase of this property would allow for the exercise of one or more options that would well serve the citizens of the City. Thank you for your consideration in this matter. OR THE BOARD OF DI:)RS Jack F. King, Secretary cc: Council members rb 1'.A11 IN ,1rI cF. J LIDO SANDS Community Association P. O. Box 1373 • Newport Beach, CA 92663 A newnoar eEin, March 10th,.1980 NEAR 2 a 1980 By the CITY COUNCIL CITY OF iv*-W."T BRACH City Council City of Newport Beach Newport Beach, California The Lido Sands Community Association urges you to act immediately toward acquiring the P. E. right -of -way strip at.the western entrance to the city. Development can follow when funds become available. DAG /dj '3 MAR X10,��0�° t9 city Manage, \ city et Wyl ra Rcach b Respectfully, David A. Goff, res dent Lido Sands Community Association r =3 • *&'e"12 COLTON, NEWPORTBEACH, CALIF. 92663, (714) 645-0113 WAR 24 1980 8 th UNC H Nt4te d-tj1Ma . 3-7--go 4k • �• Xcwport e HOMEOWNER'S ASSOCIATION C/O P.C.M. Inc. 1101 Dove Street #230 Newport Beach, Ca. 92660 c % {F<� /;. March 20, 1980 M,AR 24 1980 By +ha CITY COUNCIL CITY OF NEWPORT RW41-1 The Honorable Mayor, Paul Ryckoff Newport Beach City Council 3300 Newport Boulevard Newport Beach, California 92663 Dear Mayor Ryckoff: This letter will serve as a confirmation of the statement made at a recent City Council Meeting in support of the purchase by the City of the P. E. Right -of -way from Cal Trans for a price in the neighborhood of $650,000. We favor this land being kept as Open Space and recommend such a restriction be placed upon the Deed. This would prevent it from being used in the future for a parking lot. We prefer that the land be kept as a vitally needed green- belt area, which will provide visitors and regular commuters a pleasant and attractive entry into the western limits of Newport Beach. Such Open Space usage will keep the cost of maintenance at a minimum, rather than incurring costs for playground or other recreational uses. We appreciate the opportunity of giving input into the decision you will be making in the very near future. Sincerely, BOARD OF DIRECTORS NEWPORT CREST HOMEOWNERS ASSN. (Mrs.) Louise S. Greeley President LSG:hw iy A-) l " ✓ ,�i PAR 24 1980 CITY OF NEWPORT ftA&PI CITY COUNCIL X 13 fwd CITY... NTMAT Kb,4..WNCIL AGENDA ITEM By CITY �ICIQFFICE OF THE CITY MANAGER N006: CITt J*, i Iil%Id Pebrnarp -�; -96A • February 25, 1980 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: 2TI9NrtiF `:P E :RIGHT, -OF -WAY.; STUDY- SESSION ITEM —nee. --- e------- For over five years, 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 acquired from the State the most easterly portion of the P.E. Right -of -Way, consisting of 68,707 sq. ft. for $170,000 cash. This parcel, phase one, was developed,in 1977 as tennis courts, tot playground, restroom, small parking lot and some landscaping. The facility is moderately used with the tennis courts receiving the greatest amount of use. Attached, members of the Council will find a map of the balance of the property, herein called the P.E. Right -of -Way. Some characteristics of this property are as follows: 1. Zoning - R -2, duplex residential 2. General Plan - The General Plan was amended 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. Addition- ally, the subject land lies within the area of jurisdiction of the Coastal Commission and any development would be subject to their approval. 3. Number of Lots - 81 4. Size of Lots - 69 ft. x 40 ft. 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 parcels. Parcel 1, which extends from the Santa Ana River to Orange Street has a frontage of 1,377 ft. Parcel 2 extends from Orange Avenue easterly, approximately 1,885 ft. Neither parcel has access rights onto Pacific Coast Highway. TO: MAYOR AND CITY COUNCIL - Page Two Value and miscellaneous data on the property are as follows: 1. Date of Caltrans' acquisition - July 5, 1963 2. Acquisition price - $1,527,501 3. Current State appraisal - $2,700,000 4. City appraisal as open space with date of valuation of October 1, 1979 - $625,000 to $675,000 5. City appraisal as open space with date of valuation of March 10, 1976 - $350,000 to $400,000 6. City ap raisal as a subdivision with date of valuation of March 10, 1976 - $900,000 to $1,300,000 7. Value based on median park site value as established on March 26, 1979 - $732,234 Physical conditions of the subject property are as follows: 1. Sanitary sewer - 8" V.C.P. in Seashore Drive 2. Water - 8" A.C.P. line in Seashore Drive 3. Gas, electricity and telephone - All available Currently, the City of Newport Beach leases the subject parcels for $100 per month. A copy of the lease document is attached. y f • • TO: MAYOR AND CITY COUNCIL - Page Three A representative of Caltrans (Mr. Harry Kagan) has telephoned three times within the last two months, requesting a City position on whether this City wishes to acquire the subject property. The subject matter was reviewed with the City Budget Committee (Councilmen Strauss and Hummel) and the consensus of the Budget Committee was that acquisition of the parcel would be a low priority. The purpose of bringing this matter to the City Council is to receive further direction on the City's interests so that a response can be given to Caltrans. General Discussion Several comments could be made about this parcel which may be of benefit to the Council in reaching a decision. The parcel is under lease to the City of Newport Beach. Newport Beach entered this lease in 1974 to permit the City to do two things. First, the City was preparing a Master Park Plan for the project (copy attached) and the lease would permit parkland development. Second, the lease had specific language concerning the right of the City to purchase portions of the property remaining after the Pacific Coast Highway was widened and improved. The subject property was part of the proposed open space land acquisition of the 1976 Park Bond Issue which failed to obtain the required votes. Since 1976, the project hasn't been given a high- enough priority to develop a financing plan. Additionally, the City and the State were very far apart on acquisition price for the property. The City was offering from $300,000 to $400,000 for the property, and the State was asking approximately $1.5 million. The attached park plan was developed jointly by the City and the West Newport Improvement Association. Initially, it commenced as a park that would pay for itself through parking revenues from the parking lots. The final version of the plan, however, omitted the parking lots as a result of a concern expressed by the West Newport Improvement Association, that the lots would generate excessive traffic and beach visitors. The Attorney General's opinion finding that the lots have merged, has probably been the most significant development to encourage the State to reduce their asking price on the parcel. If the lot lines in effect are erased, a new owner would have to submit a new subdivision plan. In everyone's judgment, approval of a new subdivision would be very difficult to receive from both the Coastal Commission and the City of Newport Beach. This opinion, therefore, narrowed substantially the number of prospective buyers for this parcel. It is believed, but not confirmed by representatives of Caltrans, that the parcel could be purchased by the City for an amount similar to that established in the October 1, 1979 appraisal, i.e., $625,000 to $675,000. I have not discussed seriously the acquisition price with the State in the past six or eight months. TO: MAYOR AND CITY COUNCIL - Page Four The subject matter can be discussed in greater detail during the Study Session, but in the near future it is hoped that the City Council can give some guidance and direction to me, so that a response can be given to the State. Several alternatives may be available to the City Council. One is that the City Council refer the subject matter back to the Parks, Beaches and Recreation Commission for a determination on their priority of the subject parcel. Another alterna- tive would be to structure another Bond Issue to be voted upon by the electorate. A third alternative would be for the Council to direct the City Manager to negotiate with the State for the parcel with acquisition funds coming from the City's reserves. ROBERT L. WYNN City Manager RLW /jmb Attachments 5' • • 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 Che 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 owner 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. 1 Dennis D. W Ndil attachrent �t •� V'tA V y V 7 y A E O n ` G 0 N O= •l u2 p y ,0, 'O iat y N G y S. i� O eCi C O N ¢ O Y 'O T .. 0, c V .-1 •Q C L% � C R •b. N u 1•i C � U C � 'R C� Y V^ p ..0. o" •`, u ° c O •° F'LL r; C. i' c ° s o o C •O E 'C R` q U n Y. N R N q 3 c 7 0 Z ° ° g T C C o. ...0� o a u•° —q Kz r L •_•o a a. 0 ' E p u N N m u C 7 .0 u c% a 8' �- i-1 Q C .. y •r. o o= c° O." p .� Or Y a O u v N E .� N 0. 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Or v O Is c N C y 4 Ow Al g 5 Avso�9 a�� oo qq ! C m O C > a u u u o, H. c. o Y o m m m G c a C u O R. V ° n e • ;g c . y. iC •a Sy. N '1 Y 'V t a •N v a. W U cc O's Z4 u U .; � gi En �4 •G. Y Y� N K ,� 6r j •y ° .0 Se �• Y •Q Y a. C > n o t R . 07- Ora -1- 8 Parcels A , U -1, U -2 & A8188 Account 0027069- 001 -01 S/S Seashore Drive between 54th Street and Summit Street, City of Newport Beach oV6 % 6 H.P.R.F. L E A S E THIS LEASE, made this 30thday of October , 19 74, at Los Angeles California, by and between the State of California, Department of Transportation, Lessor, and CITY OF NEWPORT BEACH, Lessee, of 3300 Newport Beach Boulevard, Newport Beach, California. W I T N E S S E T H That the Lessor, in consideration of the payment of the rent hereinafter specified to be paid by the Lessee, and the covenants and agreements herein contained, does hereby lease, demise and let unto Lessee that certain property in the County of Orange, State of California, said land or interests as outlined in yellow on the maps attached-hereto and made a part hereof, including improve- ments, if any, for the term of ten (10) years, or completion of Transportation Corridor Study, whichever is earlier, commencing on the 1st day of November, 1974, and ending on the 31st day of October, 1984, with the right of cancellation and termination in both Lessor and Lessee as hereinafter set forth, at the total rental of $12,000.00, payable to the "Department of Transportation ", in lawful money of the United States, in monthly installments of $100.00, in advance, on the lst day of each and every month thereafter; excepting that receipt is hereby acknowledged by Page 1 D q the Lessor of the *m of $200.00 from the Les4a , in payment for the fir -1t and last months' rental under this lease. All rental payments shall be delivered to the office of Department of Trans- portation (Office of Right of Way), at 120 South Spring Street, Los Angeles, California, 90012. The herein described property is not, at this date, being used for State highway purposes within the meaning of Section 104.6, Streets and Highways Code. Lessee hereby covenants and agrees as follows: 1. To use the property for the following purposes only: Park, Recreation and related facilities. 2. To pay Lessor said rent as hereinabove provided, and in addition thereto, to pay, when due, all water, electric, gas and other lighting, heating and power rents and charges accruing or payable in connection with said property during the term of this Lease; and to permit Lessor or its agents to enter said property at any reasonable time to inspect the same. 3. Not to commit, suffer or permit any waste on said property, and not to use or permit the use of said property for any illegal or immoral purposes. Lessee further agrees to comply with all State laws and local ordinances concerning said property and the use thereof. 4. After the Transportation Corridor Study is completed and the future right -of -way line delineated, this lease shall be subject to cancellation and termination by either party by giving the other party notice in writing at least 180 days next prior to the date when such termination shall become effective. In the Page 2 event of such termi,�cion, any unearned rental j.aid by the Lessee shall be returned to the Lessee. In the event of termination under this section, the City shall have the option to: (a) Enter into a new lease with the State for those portions of the property designated as being within the new right of way line of Pacific Coast Highway established by the Transporta- tion Corridor Study at $100.00 per month. (b) Enter into negotiations to purchase those portions of the property designated as being outside of the new right of way at a price acceptable to both parties. Once valuation has been established, the City will deposit $1,000.00 which will be applied to purchase price if Option to Purchase is exercised. City will exercise Option within 180 days or if bond election is necessary, City will, in all good faith, set election at earliest feasible date and exercise Option to Purchase within 90 days after election if election is successful. If City fails to exercise Option, the $1,000.00 will be retained by State. 5. All notices herein provided to be given, or which may be given, by either party to the other shall be deemed to have been fully given when served personally on Lessor or Lessee, or when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed as follows: To the Lessee at address above stated and to Lessor, c/o Department of Transportation, at 120 South Spring Street, Los Angeles, California. 90012. The address to which the notices shall or may be mailed as aforesaid to either party shall or may be changed by written notice given by such party to the other, as hereinbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal service. Page 3 C1 h 0 6. Not to asst , or sublet this Lease, ar. not to make or suffer any alteration to be made in or on said property, without the written consent of the Lessor. 7. It is specifically agreed and understood that Lessee shall not call on Lessor to make any improvements or repairs on said property of any nature whatsoever, but Lessee hereby specifi- cally covenants and agrees to keep the same in good order and condition at his own cost and expense. S. Lessor, its assigns or successors in interest, shall not be liable for taxes or assessments of any nature whatsoever.on the leased property. 9. To pay Lessor all costs and expenses, including attorney's fees in a reasonable sum, in any action brought by Lessor to recover any rent due and unpaid hereunder, or for the breach of the covenants or.agreements contained in this Lease, or to recover possession of said property, whether such action progresses to judgment or not. 10. If any rent shall be due and unpaid, or if default shall be made in any of the covenants or agreements on the part of the Lessee contained in this Lease, Lessor may, at its option, at any time after such default or breach, and without any demand on or notice to Lessee or to any other person, of any kind what- soever, reenter and take possession of said property and remove all persons therefrom, and Lessee waives any legal remedy to defeat Lessor's rights and possessions hereunder. 11. At the expiration of said term, or any sooner termina- tion of this Lease, to quit and surrender possession of said property and its appurtenances, to Lessor in as good order and Page 4 reasonable wear a* tear and demage by the *ements and other casualties-excepted. In the event this lease is terminated or at the expiration of the period of this lease, Lessee agrees to remove all improvements except landscaping within the leased premises at its sole expense within 60 days after the termination of this lease. if Lessee fails to remove all improvements, Lessor may remove such improvements at the expense of Lessee and bring an action for recovery of such costs, together with all expenses and attorney's fees incurred by reason of said action. 12. Lessor will not keep said property insured against fire or any other insurable risk, and Lessee will make no claim ofany nature against Lessor by reason of any damage to said property in the event same is damaged or destroyed by fire or b'f any other cause. r 23. In the event there is any prior existing lease or ;ental•agreement between Lessee and State (or its predecessor In interest) covering the subject property, it is agreed and understood ehat this Lease' shall cancel and terminate said prior lease or rental agreement as of the effective date of this Lease.. -Anything herein contained to the contrary notwithstanding, this Lease may be terminated, and the provisions of this Lease. may 'tee, in yr iting, altered, changed or amended by mutual consent of the parties hereto. Page 5 \3 i 14. Less( rei Lease that his interest possessory interest tar_ such interest, and that i :ognizes and understa. s in accepting this therein may be subject to a possible that the city or county may impose on such tax payment shall not reduce any sent due the State hereunder and any such tax shall be the liability of and be paid by the Lessee. 15. This Lease is made upon the express condition that the State of California, its officers, agents and employees are to be free from all liability and claim for damage by reason of any injury to any person or persons, including Lessee, or property of any kind whatsoever and to whomsoever belonging, including Lessee, from any cause or causes whatsoever while in, upon, or in any way Connected with the said demised premises or the sidewalks adjacent thereto during the term of this Lease or any extension hereof or any occupancy hereunder,. Lessee hereby covenanting and agreeing to indemnify and save harmless the State of California, its officers, agents and employees from all liability, loss, cost and 6blzgations on account of or arising out of any such injuries or losses however occurring. 16. "Lessee shall, at his own expense, take out and keep in force during the within..tenancy, public liability insurance and property damage insurance in a company or companies to be approved' by the Lessor, to protect the State of California, its officers, agents, and employees, as a named additional insured, against any liability to the public incident to the use of and resulting from injury to, or death of, any person or "rsons or property damage, Page 6 0 including parked S Iles, occurring in, or* .ut the demised prcmises,' in the amount of not less than $2,000,000, to in- damnify against the claim of one or more persons resulting from any one accident. Said policies shall inure to the contingent ]Liabilities, if any, of the Lessor, and the officers, agents, and employees of Lessor and shall obligate the insurance carriers to notify Lessor, in writing, not less.than fifteen (15) days prior to the cancellation thereof, or any other change affecting the Coverage of the policies. if said policies contain any exclusion .concerning property in the care, custody or control of the insured, an endorsement shall be attached thereto stating that such ex- elusion shall not apply with regard to any liability of the State of California, its officers, agents, or employees. Lessee shall furnish to Lessor a certified copy of each and every such policy - within not more than ten (10) days after the effective date of VKe policy. Lessee agrees -that, if Lessee does not- keep-Mich insurance in full force and effect, Lessor may take out insurance and `ay the premiums thereon, and the repayment thereof shall be deemed to be additional rental and payable -as -such on the next .day.upon which rent beccates due hereunder. 17. The Lessee, for himself, his personal representatives, su:cessors in interest, and assigns, as a part of _the.. consideration hereof, does hereby covenant and agree, as a covenant running with the lard, thrit (1) no person, on the ground of race, color, or national origin shall be excluded from participation in, be denied t2:e benefits of, or be othen!ise subjected to discrimination in the use of said facilities, (2) that in ccrnection with the construction of any improvements on said lands and the furnishing of services Page 7 thereon, no discrimii._A on shall be practiced in he selection oi employees and contractors, by contractors, in the selection and retention of first -tier subcontractors, and by first -tier sub- contractors, in the selection and retention of Second -tier sub- contractors (3) that such discrimination shall not be practiced against the public in their access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation, and vehicle servicing) constructed or operated on, over, or under the space of the right of way, and (4) that the Lessee shall use the premises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A, Office of the Secretary of Commerce, Part 8 (15 C.F.R., Part 8) and as said Regulations may be amended. 18. It is understood and agreed by the parties to this Lease that the property herein is not a historic site of National, State or local significance. 19. It is understood and agreed by the parties to this Lease that Lessee will not resist termination of this Lease as set forth In Paragraph 4 hereinabove, and it is further understood that the obligations and responsibilities under this Lease shall not be impaired or altered in the event of future statuatory change. In the event of intervention'by any person, entity or entities, on behalf of the Lessee herein, Lessee will assist Lessor in securing prompt termination of this Lease. 20. Lessee A submit development plansqo Lessor for approval and will not proceed with the development until approval has been received from Lessor. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this Lease first above written. CITY OF NEWPORT BEACH APPROVED AS TO R 0, By 2"A&005�4- 1,7.7,spiry STATE OF CALIFORNIA U%- •; -DEPARTMENT OF TRANSPORTATION CITY CLZRML By (If Tenant is a corporation, thejTfoido�ing %4dprti�fic6te shall be executed by the Secretary, assistant secretary or any official of the corporation other than persons signing on behalf of the corporation.) I, certify that I am the Secretary of the corporation named as Tenant In the attached Lease; that who signed said Lease on behalf of the Tenant, was then of- said corporation, that said Lease was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. (Corporate 7-e.64-f*� A (CT 66 (Sea.l� MM:hh Page 9 '7', n LJ E it 1 : a. I �r I � � — P f .a C •I pA c i I I I I - I Ut 4U4 A r 17 7A, : LN 7t Tr V'J e/C. f- i 7 sd 1 t. 1- 1 - §. I k, P, Lis: 'I'z! I- I- k -1i7/v7p,41 't ,I ;�,Sll R - � �F FEB 25 1980 By t6 CITY COUNCIL �ry�H�FebraaAryH9, 1980 DATE':' TO: ROBERT L. WYNN, City Manager FROM: Parks, Beaches and Recreation Director SUBJECT: ACQUISITION OF P.E. RIGHT -OF -WAY COUNCIL AGENDA ITEM G -3 In response to your request to ascertain the possibility of obtaining assist- ance funds to acquire the subject property, the following is provided: Coastal Conservancy Funds - A maximum of $25,000 is available for each project using these funds. And, until application is made I could not get an answer as to whether the P.E. Right -of -Way is classified as Coastal property. SB 174 - The Roberti Z'berg Urban Open Space and Recreation Program is in its last year of providing assistance funds. SB 547 has funds included to continue this program if voter approval is obtained. The program allocates funds on a per capita basis and provides approxi- mately $14,000 annually to Newport Beach for acquisition or development. The amount is not large and would require significant funding from another source when looking at the scope of the P.E. Right -of -Way acquisition. SB 547 - "1980 Parklands and Renewable Resourses Bond Act" has recently e� en signed by Governor Brown to allow voters to determine its future in June of 1980. If approved by the voters, SB 547 would provide $95 million in grants to cities, counties and special districts for park- lands. An additional $10 million would be spent on implementation of local coastal plans, and $35 million would be added to the Roberti Z'berg Urban Open Space and Recreation Program (See 2). In the bill, another $55 million is earmarked for coastal acquisition by the State. If suc- cessful, this Bond Act could provide an undetermined, at this time, amount for the P.E. Right -of -Way acquisition. 4. Land and Water Conservation fund Program-is a matching program that pro- vides a maximum of 50 % for-acquisition assistance. The criteria for this program specifies that parks for consideration be in excess of twenty acres. For this reason and other competitive features dealing with economic feasibility, utilization of the Federal Program has been inhibited in the past. We can, however, apply for assistance for the next Federal fiscal year beginning in October of 1980. In addition, from our standpoint, development costs and annual mainten- ance costs were analyzed to determine a preliminary priority for the subject site. If developed, in accordance withthe adopted Master Plan for West Newport Park, the original Architects, Kamnayer and Lynch, have estimated that $500,000 would be necessary to provide the amenities I • T Page Two • 0 Re: Acquisition of P.E. Right -of -Way as specified, The Park Division has indicated that the 5.13 acres would require $20,000 -- $25,000 annually for maintenance purposes. The adopted master plan, as provided in your report, was approved with the knowledge of the narrow configuration of the land. The development concept provides a passive park that aesthetically provides an attract- ive entrance to our city from the west. Since the master plan was adopted in 1976, road improvements have encroached into the parameters of the orig- inal design. For this reason, I am asking the Parks, Beaches and Recreation Commission to consider possible amendments-from a development standpoint. Their recommendations regarding development concepts of the. P.E. Right -of. -Way would be available for Council information and consideration during March. RW:mb .t`'12;4f 4�-, -1. G vo cu.s. lij -J-�. y (�' �—� e \Al Vww� to Vk\ W A � \ 1�0 `(7Ao- �x.%1L {� M%'- �` �1a•.n � 'i �rw�C c\r �r- -C.... o.S�s�.a -o. C11L CS12 c`�GY1 uX � 6U/wa -b O`ia� Mv.i' "�h G� ANA /v�AC C� � l C?SZ GH v0 CGKO -- l Y _' \ ' • BDARD DF DIRECTDRS Minnio Ballard President . . , . . Margot Sk36 5520. River Avenue 548 -2861 • 8610 W. Dceen Front 642321214 Charles E. Day Jr.. Vine President . . .. Robert Reicher 105 61 st Street 548 -1057 5001 Seashore Drive 645 -3274 Ninte Jarvis Treasurer . Cathy Anderson 219 Canal Street 642 -3381 5403 Seashore Drive 642 -0476. Bruce Nordlund Secretary . . . .. Mike. Johnson 5710 W..cean Front Oman 642 -3871 5112 River Avenue .642 -3125 John Shea 2214 W. Oman Front 675 -6917 WEST NEWPORT BEACH Improvement Association NEWPORT BEACH, CALIFORNIA February 22,. 1980 ,g R i Mayor Ryckoff and Rl The City Council417F- City of Newport Beach 3300 Newport Blvd.,' ry o Newport Beach, Ca_ 92663 Subject: Acquisition of CalTrans P.E. Right of Way property - (57th Street to.the Santa Ana River) Gentlemen: The West Newport Beach Improv orient Association urges the City to acquire the captioned State -owned property as soon as possible. Our Board of Directors has serious concerns about how the State will use this property if the City does not acquire it. Its prime location in the Western Gateway of the City has a visual impact on everyone entering our City. We must control how it is to be used. Sincerely, iSkiesident MS.e V - N,PAvpo"a- a� a as - 8d ,( woad GItR aneQ/ p +nto a per p(.ioh;�y IazJ- I/ doh.,,,fQ co ho off,Q Fhatwz chi wa e TO c hoSs j ;. fj 0- �oQSf �4;v19.eJtoUS . �� 0✓ (aA �C ti c q p Crllq �c� l/ S�-hs� is Qn� o I� 'uz`je d an n cwL hoi yS. was 0.4i:kna,uc s ��cr� CC,hsi 1eo1, f 'Poll °Z+IZ OGc� 5 f! ' F l i ormn r a�G -:s -C--7 G / -5 / / /-�e r Awl" - 7,�/E /<2 T 77`1+ �OH�J ,q • 62o s s �1ty-A-,(S- tij/•�ric � ua % �u SS X30 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER November 27, 1978 STUDY SESSION NO. 8 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: PROPOSITION 3' Background At the Study Session on November 13, 1978, staff was directed to prepare a report for Council consideration, describing the substance and possible ramifications of Proposition 3. This measure was approved by the voters of the State on November 7th. The Substance of the Measure Proposition 3, a copy of which is attached to this report, deals with the sale of State surplus property. This measure amended the State Constitution to permit the Legislature to authorize the transfer of such property in the Coastal Zone to any of the following State agencies at a cost at least equal to the acquisition cost paid by the State to acquire the property: 1. The Department of Parks and Recreation for State park purposes; 2. The Department of Fish and Game for the protection and preservation of fish and wildlife; 3. The Wildlife Conservation Board for the purposes of implementing the Wildlife Conservation Law of 1942; and 4. The State Coastal Conservancy for the purpose of preserv- ing agricultural land. Inasmuch as Proposition 3 specifically names four agencies there is a question whether the City could acquire property under Proposi- tion 3. Even if the City could acquire property under Proposition 3, the City would be required to pay a.sum of money "at least equal to the acquisition cost" paid by the State. The three parcels in Newport Beach affected by Proposition 3 are the P.E. Right of way, the Cagney property (CALTRANS east) and the Beeco property (CALTRANS west). The acquisition costs incurred by the State for these three specific parcels are as follows: 1) P.E. Right of Way (acquired July, 1963) $1,496,001 2) Cagney property (acquired July, 1965) $3,773,957 3) Beeco property (acquired November, 1965) $2,306,416 In conclusion, it appears that Proposition 3 would be of little help in the City acquiring the three'parcels. Not only is the State acquisition fee considered excessive, but also the City is not mentioned as an agency to acquire excess properties as defined by Proposition 3. Attachment ROBERT L. WYNN n 0 N 7 U -0 7 . r.w c U 0 'o u Q r`•- U) h 4) r. -a u 0 .. o > U "-- 'U O Y U C w U - 0 U O Y. 7. :J w y N Y p E 7 b 1 aa2 0OoN o. i. ej ci Y a. U Q Ci 4r r Yp..o C u C n 7 ._ y 0 -C 0- moo,. -, 2 Y U.. U CJ Ji N� Y C: U C- O r O r^ f`l 0 z C u E 'i7 C u E a O .y 0 U 4E, a Cd m c N fA O Y N L 3 QI °s 1N3WHJtl11N _ O n d to -p a SC. S. o N y �-• 0 V ) y O p y C > N Y' 'O V U " U C 0 N . a7.. .7. b , U G+ c�E a.. O1 a7. O, U ❑ as o'� >.. >u'NdY y d. ,, O.Y.O dO >: C O0y"7 O,Y 4a to y'G ,o �..E�yx NvCMo OU UN0 o -U) o' y E;�.y >°v ° °Eoo" �,°,„eacd �F�°32U e°e °m 0 0 n U y° ^� C A ac 0 U° ,. ,, 0 m.r y V y Y 11 w o ti. 7 471 C C .'Y'' 7. w "p w '�. C N o .'y' U to U N X N E p U 4) 7 E .y 4) 4) d R 4) LY_, 3 DO ° C y N A Y 0 o > C .-. o ti C .« o 0 0 ° � o � C. � �.7 Nom' °D ,•-i 0 Y 7 � - O y C p_ N i i,b a N .`n T p C p� Y U tp p 'b N DY CS .N'• O 7 y ) C C 6 a 'u q C eO y . U o O yP w >1 1 p E .mCy E3 y O � as w U N C 9 O'b U 4 0 x. � „ d 0 . 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U ,EU� C O C T E n ti a U3 ° 0 U3 O'Gi.r,U.. G U U N CO N Y 0 Up,Cy T'N p 0 E p o0 u vN. p N - N 0 0 cU Cd m c N fA O Y N L 3 QI °s 1N3WHJtl11N _ O n d to -p a SC. S. o N y �-• 0 V ) y O p y C > N Y' 'O V U " U C 0 N . a7.. .7. b , U G+ c�E a.. O1 a7. O, U ❑ as o'� >.. >u'NdY y d. ,, O.Y.O dO >: C O0y"7 O,Y 4a to y'G ,o �..E�yx NvCMo OU UN0 o -U) o' y E;�.y >°v ° °Eoo" �,°,„eacd �F�°32U e°e °m 0 0 n U y° ^� C A ac 0 U° ,. ,, 0 m.r y V y Y 11 w o ti. 7 471 C C .'Y'' 7. w "p w '�. C N o .'y' U to U N X N E p U 4) 7 E .y 4) 4) d R 4) LY_, 3 DO ° C y N A Y 0 o > C .-. o ti C .« o 0 0 ° � o � C. � �.7 Nom' °D ,•-i 0 Y 7 � - O y C p_ N i i,b a N .`n T p C p� Y U tp p 'b N DY CS .N'• O 7 y ) C C 6 a 'u q C eO y . U o O yP w >1 1 p E .mCy E3 y O � as w U N C 9 O'b U 4 0 x. � „ d 0 . O 0 -) > a d u yu a c'Em u o.2 C C ci ea A y E 7N° U-00. E ° C Z C b C 4) u 0 L N ` Y C +U w Q O d d U o W W y CS Y .. O 4 C O P 4 a d V a U Z o 0 O U Cs -C � o 'h 4) o O m ° � 0 I E b � 00 0 ad o " � 5 M C o C N � OS a Q.- U y O Y 4% . 7 a N y y . 7 -O ° a O d o O N N 0 U lC Ql y "0 x U 4 o M r- CD ry,Yr�= C C U e .- aY Y ..l En- x 0. Cl 0Y'.b� 0 T7V.,0 :3 C y C> w �'� u'7'ti a 0.C.p 43 m >: K x vi 7° u. C OD C" u '� m C h 7 4) Y C y �. C p y. V 4) U ,.. �Y ,° r3�yC- COUOU;?o_��ciE ..°c'° -O�' o e°o Q a'y Z�Y0 O, 4) ,n N -. O .Sl O o Y G N a.. Y y .'...0 '. C .-. 0 �.:C y �`'� O L.c O OaN Wp E y O. a iy �' r O. 4i �4) 'd'.'u ,U.. "G ,fin -^ .N'.C�.Y a..�y000a:�.«yao.� `"E°' NOQa?.. o..�daaodO1°00ca i .. > U..0 4) Y N L "0 ++ �] Y. U u G b Y 3 a o,� °�,e o :'°' ° u o d U ?;' t.: E E .°'U c j 3 C.7 UG �a o �� tiv d �H °' �N yw o y C ° E. ups �� y u. °w C E« a. u d STATE C° C.`.',IFORNIA— BUSINESS AND TBANPORTATION AGENCY EDMUND G. BROWN JR., Gorerno• DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304 LES 90051 April 20., 1978 -. 'I°•f ��j " " MAY 8 1978 By the CITY COUNCIL CITY OF NeWPORT BEACH Mr. Robert L. Wynn City Manager City of Newport Beach 3300 Newport Bliud Newport-Beach, CA 92663 Gentlemen: The State of California, Department intends to offer the real property map for sale to the public. 07 -ORA -1 Parcel No: 049869 -01 -01 of Transportation, shown on the enclosed This information is supplied to you in advance of the sale in compliance with the provisions of Sections 54220 through 54223 of the Government Code to give you an opportunity to purchase the property at market value for park, recreation or other public uses. If we do not hear from you within 60 days of the date of this letter, it will be assumed that you are not interested In purchasing the property and that you have no objection to its sale and development by .private parties. Should you care to reply, please direct your correspondence to the undersigned. Enclosure JA:tmm Very truly yours, DAVID D. REED Senior Right of Way Agent Excess Land Sales �6 I � C1L r"7 �II C rl.rsH,o a L-J � aa.°'evaa tk / � ���• IE IyyI `� � L C��a��CC� L�CCC�C�C�C7 � IL Q17�7o17m Ql46EFCl/)G?X\ F BEACH od PRT BEACH L A 4 ci t� 1 Vie\. LEGEND BULKHEAD LINES - - --- - - - -- \ „car PIERHEAD LINES —° - - - - - -- CHANNEL LINES "--- '-- - - - - -- NEWPORT BEACH BOUNDARY LINE --- COSTA MESA BOUNDARY LINE— f CABLE CROSSING - —�0- Vie\. LEGEND BULKHEAD LINES - - --- - - - -- \ „car PIERHEAD LINES —° - - - - - -- CHANNEL LINES "--- '-- - - - - -- NEWPORT BEACH BOUNDARY LINE --- COSTA MESA BOUNDARY LINE— DEPTH AT M.LLW. —'- CABLE CROSSING - —�0- PIPE CROSSING — ANCHORAGE AREAS ....... BUILDINGS PUBLIC PIER -- Z_ PUBLIC DOCK - -7 TO FROM SUBJECT CITY OF NEWPORT BEACH 40 OFFICE OF THE CITY MANAGER January 9, 197$ STUDY SESSION NO.6 MAYOR AND MEMBERS OF CILY COUNCIL City Manager OFFER FROM CAL TRANS ENTITLED "PARK DEDICATION CREDIT AGREEMENT" For over two years the City has negotiated with CAL TRANS for the acquisition of the former P.E. right -of -way property in West Nehor-t Beach. About a year and one -half ago the most easterly portion was purchased and tennis courts and a small park were constructed. A number of meetings have been held with representatives of CAL TRANS to acquire the balance of the property. To date, the efforts have been unsuccessful. The latest effort is a proposal from CAL TRANS (copy attached) which can be explained in more detail during the Study Session of January 9. Basically, this agreement permits the City to purchase the parcels at the appraised value established in a City appraisal dated April 29, 1976. This appraisal assumed a legal subdivision with access off Seashore Drive, and fixed the value at $1,130,000.00. The agreement stip- ulates that a credit of $586,687.00 will be applied against the purchase price, with said credit being the estimated in lieu fee for the development of CAL TRANS property south of Newport Crest, north of Pacific Coast Highway and west of Superior Avenue. The P.E. right -of -way was originally acquired by CAL TRANS on July 5, 1963, for $1,527,501.00, to be used for the proposed freeway. In 1975 the State had the parcel appraised for $2,700,000.00. The property is currently sub- divided into 79 lots, with each lot being approximately 40' x 95'. They are currently zoned R -2, and carry a general plan designation of recreational and environmental open space. Approximately 24' will be taken from the parcels to widen Pacific Coast Highway, and approximately eight feet will be required to widen Seashore Drive (Parcel A). The basic City position throughout all the negotiations is that the lots would be difficult or impossible to develop and they should be sold to the City as open space. An open space appraisal gives an approximate value of $400,000.00 to the parcels. The State's basic position has been that they paid $1,500,000.00 for the parcels. They are currently Subdivided, and they can be developed. If the Council is interested that the matter be referred for their review and input. Study Session. RLW:pg Attachments in pursuing the latest proposal, I would suggest to the Parks, Beaches & Recreation Commission Additional details can be explained at the CA ROBERT L. WYNN FA 0 40\ 1.0 k j1 . -.1 . --, Un- I Ill I is Q„ eg ell ku S) cc Ul 'i v ce 0 , R. It IQ Cl 111.11 (S. 499 is JS :;"09 JD.Yc1.r,qry<f J.(- c)-co:7.2 .ZS 1lAVe7.f \� i ' I 0!, �1 . -.1 . --, Un- I Ill I is Q„ eg ell ku S) cc Ul 'i v ce 0 , R. It IQ Cl 111.11 (S. 499 is JS :;"09 JD.Yc1.r,qry<f J.(- c)-co:7.2 .ZS 1lAVe7.f \� i ' I q WHEN City City 3300 Newp RECORDED i*N TO: M Clerk of Newport Beach Newport Boulevard Drt Beach, California 92663 Space Above This Line For Recorder's Use PARK DEDICATION CREDIT AGREEMENT THIS AGREEMENT made and entered into this day of , 1977, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation, hereinafter "CITY" and the STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, hereinafter "STATE ". RECITALS WHEREAS, STATE is the owner of a certain parcel of land comprising 16.09 gross developable acres of land, located within the City of Newport Beach on the northwest corner of Pacific Coast Highway (State Route 1) and Superior Avenue, more particularly described as: That portion of Lot 1 of Tract No. 463, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Look 32, pages 2 and.3, of Miscellaneous Maps, in the office of the County Recorder of said county, that portion -1- 1 w of Lot 1 of Tract No. 2250, in said City of Newport Beach, as shown on a map recorded in Book 104, pages 6 and 7 of said Miscellaneous Maps, and that portion of Lot D of the Banning Tract, in the said City of Newport Beach, as shown on a map of last said tract, filed in the Case of Hancock Banning and others vs. Mary H. Banning for partition and being Case No. 6385 upon the Register of Actions of the Superior Court of Los Angeles County, California, all shown ;is Exhibit A outlined in red on the attached map. (Hereinafter referred to as PARCEL A); and WHEREAS, STATE is also the owner of a certain parcel of land comprising 5.12 acres of land, whose boundaries are Pacific Coast Highway on the north, Seashore Drive on the south, laying between 59th Street and the Santa Ana River, within the City of Newport Beach, and more particularly described as; Those portions of Lots 3 through 83 of Tract No. 4400, in the City of Newport Beach, County of Orange, State of California, as shown on map recorded May 24, 1.962, in Book 162, page 22 of Miscellaneous claps, in the office of the County Recorder of said county, and that portion of Lot 1 of Section 19 in T 6 S, R 10 W, SBM, in said City of Newport Beach, as said sect :I) is shown on an official plat filed in the District hand Office on August 4, 1890, all sho,dii as r;shibits 13, C -2- 0 0 and D outlined in red on the attached maps. after referred to as PARCEL B); and (Herein- WHEREAS, Chapter 19.50 of the City of Newport !teach Municipal Code requires that as a condition of approval of a final subdivision map, the subdivider shall dedicate land or pay a fee in lieu thereof, based upon the standards and formula contained in Chapter 19.50.090 of said Code, to be used to serve the park and recreation needs of the residents of the said sub- division; and WHEREAS, PARCEL A is located in such proximity to PARCEL B so that any park or open space development on PARCEL B could serve the recreation needs of the residents of PARCEL A; and WHEREAS, PARCEL B is designated as Recreational and Environmental Open Space use on the Newport Beach General Plan; and WHEREAS, it has been determined that should PARCEL A be developed at a density of 8 dwelling units per acre, the sub- divider thereof would be required to dedicate 2.05 acres of land for park and recreational purposes or pay a fee in lieu thereof in the amount of $586,687, which amount represents the median fair market value per acre of the land in all neighborhood public parks within the City of Newport Beach; and WHEREAS, STATE proposes to sell PARCEL A on the open market sometime in the early part of the year 1978; and -3- WHEREAS, STATE proposes to sell PARCEL B to the City of Newport Beach for $1,130,000 less said in lieu fees due on PARCEL A; and WHEREAS, the City Council of the City of Newport Beach has reviewed STATE'S proposal and finds it to be fair and equitable and in the best interest o'- said CITY, and further finds that in entering into this Agreement the Council is acting within its pro- prietary powers relating to the business affairs of said CITY. NOW THEREFORE in consideration of the mutual promises contained hfarein, the parties hereto agree as follo.as: 1. STATE shall sell PARCEL B to CITY for the purchase price of $1,130,000, less the amount of fees due CITY in lieu of a dedication of 2.05 acres of land by subdividers of PARCEL A. The net purchase price being due and payable to STATE at close of escrow on the sale of PARCEL A. 2. In the event PARCEL A is developed to a density greater than 8.0 dwelling units per acre, the developer shall pay to CITY the difference between the amount of said in lieu fee deducted by CITY from the purchase price of PARCEL B, and the amount of an in lieu fee, computed by the standards and formula for dedication of land found in Chapter 19.50.090 of CITY'S ordinances, for the number of dwelling units; allowed by CITY to be developed. -4- 0 3. In the event PARCEL A is developed to a density of less than 8.0 dwelling units per acre, CITY shall refund to STATE the difference between the amount of said in lieu fee deducted by CITY from the purchase price of PARCEL B, and the amount of an in lieu fee, as computed in said Chapter 19.50.040, for the total number of dwelling units allowed by CITY to be developed. 4. STATE shall give CITY written notice of the sale of PARCEL A upon the opening of escrow of said sale. 5. Title to PARCEL B shall vest in CITY, subjact to liens or encumbrances either recorded or unrecorded upon close of escrow of the sale of PARCEL A. 6. This agreement shall run with the real property herein described and the terms and conditions herein shall be binding upon the successors in interest to the parties hereto. -5- IN WITNESS 11HEREOF, the City Council of the City of Newport Beach and the California Highway Commission have approved this Agreement to be executed by their duly authorized officers, with the provisions of said Agreement tieing effective as of the clay, month, and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation T3 y Harry L. ;Fagan Chief, Division of Right of Flay CITY OF NEWPORT BEACH By Mayor Attest: City Clerk APPROVED AS TO FORM AND PROCEDURE: City Attorney FEB 27 1978 by HM CITY COUNCIL CITY GM l41M1110"T BEACH CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER February 27, 1978 COUNCIL AGENDA ITEM NO.H -7(a) TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: EXCESS STATE RIGHT -OF -WAY PROPERTY During the Council meeting of February 13th representatives of the Newport Crest Homeowners' Association appeared before the City Council and requested possible City acquisition of the Beeco property (vacant bluff -top south of Newport Crest and west of Superior Avenue). The Council requested a report on this parcel, listing its characteristics and pos- sible alternates for funding acquisition. The subject parcel contains 17.2 acres and has a General Plan designation of multiple- family residential with a maximum of 15 DU's per acre. The Planning.Comnission is currently recommending a reduction of 5 DU's per acre within the General Plan amend- ments. The property is unzoned and, therefore, carries an unclassified zoning designation. CALTRANS acquired the property in 1966 for approximately 2.0 million dollars. A state staff appraisal places a value of 5.4 million dollars on the parcel and it is currently estimated that the bid documents now being prepared will place a minimum bid of 3.5 million dollars for the subject property. Several methods of funding have been reviewed with the City Council in the past. These are as follows: -- Land and Water Conservation Funds. This is a federal program with funds being distributed to states for further distri- bution to local agencies. In California, this program is administered by the California Department of Parks and Recrea- tion and funds are allocated by districts. This year the SCAG area, which includes all cities in Ventura, Los Angeles, Orange, Riverside, San Bernardino, and Imperial Counties, shared 4.5 million dollars. All grants are on a fifty -fifty matching basis. Projects in the $200,000 or $300,000 price range are the most desirable. It is most difficult to obtain a grant for a City the size of Newport Beach in excess of 1.O million dollars. Again, it should be pointed out that the City would be required to match the grant funds. Coastal Conservancy of the State of California. This state agency was formed in September of 1977 and has acquisition and development powers regulated by the Coastal Commission. Page -2- ft % V- , - Under the 1976 Proposition #2, $10,000,000 was:pra�a vided for distribution through this agency to cities and counties desirous of acquiring and developing coastal lands. Again, all grants are on a fifty -fifty matching basis with local governments providing matching funds. Currently, the subject property is not on the acquisition list apprcved by the Coastal Commission. Trust for Public Land. This is a nonprofit corporation based in San Francisco whose main purpose is to acquire desirable land and hold it until a public body can buy it. This would apply to potential park land that is threatened with immediate development and where local funds are not readily available. Ultimately, the local agency would have to bear the total acquisition cost plus any interests in- curred. The creation of park districts have been reviewed by the City Council in the past and will not be reviewed in detail herein. The creation of a district in this immediate area is considered to be unlikely. Attached, members of the Council will find a letter from the Newport Crest Homeowners' Association and my response. 2�&_1. `, 'P- ROBERT L.. WY Attachments CITY OF NEWPORT BEACH 640 -2151 February 17, 1978 Mrs. Louise S. Greeley, Legislative Committee Chairman Newport Crest Homeowner's Association 9 Kialoa Court Newport Beach, California 92660 Dear Mrs. Greeley: The questions posed in your letter of February 14th will be answered in the order as set forth in your letter. 1. Municipal regulations for dumping of soil do not legally apply to the State of California. The City does have oriainal elevation data and any development or construct- ion that occurs on the lot will be based on the original elevation data. The material being deposited by CALThANS is coming from storm drains and roadsides being graded and cleaned. 2. A specific area plan is required of the subject parcel. The plan has not been developed and it is currently esti- mated that it will be a matter of several years before a plan is developed. Normally, the City develops the plan in concert with the affected homemm ers. 3. The original recreation facilities for Newport Crest were divided into three categories: a) An active recreation area of 28,000 square feet con- taining tennis courts, a volleyball court, and swimming pool, etc. b) Semi- active recreation areas within each cluster of dwell.ing units providing facilities such as a game post, equipment storage box, shuffleboard court, seat- ing areas, and landscaped areas. c) Connecting green belts with meandering walks, benches, turf, landscaping, etc. City Hall • 3300 Ncwport Boulevard, Newport Beacb, California 92663 f Page -2- To the best of the City's knowledge these areas were installed pursuant to plans approved by the Parks, Beaches and Recreation Department. Copies of these plans are on file with the Parks, Beaches and Recreation Department and the Community Development Department. All of the facilities are located on private property and maintained by the Community Association. City notes indicate that on several field trips departures or omissions from the City's requirements are not visible. If you have some specific area in mind, please contact Mr. James Hewicker of the Community Develop- ment Department. 4. Last year a Coastal Conservancy of the State of California was created for the purpose of assisting local communities to acquire open space. The program provides a matching fund basis. The City is obtaining additional information on this possibility. The State of California administers a Federal Land and Water Conservation Fund grants -in -aid program. The budgeted amounts are very limited and probably do not apply to a land acquisition such as the Beeco property or the PE Right- of-way. The City used some of these funds two years ago to acquire beach property on Balboa Peninsula. A geological study could not be required by the City as a condition for selling the property. The City can, however, acquire appropriate studies before development is permitted. The State acquired the property in 1965 for $5.3 million dollars. CALTRANS in -house appraisal gives a value of $5.4 million dollars. The documents currently being pre- pared to bid the property places a minimum bid of $3.5 million for the subject: property. If you have other questions, please feel free to contact me. Sincerely, ROBERT L. WYNN City Manager CC; Councilman Donald A. McInnis 0 7�1 Newport erest HOMEOWNER'S ASSOCIATION 9 Kielce Court, Newport Beach, California 92660 Mr. Robert L. Wynn,, City Manager City Hall Newport Beach, California 92663 Dear Mr. Wynn, February 14, 1976 As agreed in our telephone conversation today, I am forwarding to you the questions included in my remarks before the City Council last evening requesting the Council to consider ways of obtaining the State -owned Beeco bluffs for Open Space. If possible, I would appreciate having some answers before the next council meeting. 1) What steps can be taken to stop Caltrans from dumping, levelling, dumping and levelling at the ocean edge of the lower bluff and to restore it to its original elevation? 2) November 22, 1976 the City Council amended the Land use Element designa- ting State -owned property adjacent to West Coast Highway between Santa Ana River and Newport Boulevard for preparation of a specific area plan. Has such a plan been developed and what is the plan? 3) One of the conditions put upon the developers of Newport Crest was a provision for recreation in every one of the courts. Why has this conditiot never been satisfied? 4) Is there some way the city can apply to the Coastal Conservatory for assistance in purchasing the Beeco property? 5) Is there sane way the city can apply for funds budgeted by Governor Brown for open space since Newport Beach is a recreation area for a much broader field than just our city residents? 6) Considering the oresent condition of erosion on the Beeco property, would it be an appropriatio course of action to require the State to have a geo- logical study made before selling the property? 7) What price did Beeco pay for the property and what price is it being offered for sale to the city? Thanks for your assistance in responding to these questions and thanks too for your ever - available cooperation. Cordially, (Yrs. Loren) Louise S. Greeley, Legislative Committee Chairman. 01 Councilman Donald A. Mc Innis r" 4.. E46 G. Frown, Jr. STATE OF CALIFORNIA— EUSINESS AND TPA NSPO2fAil0N AGENCY X JS &t 4 Governer DEPARTMENT OF TRANSPORTATION y ?, DISTRICT 7, P.O. BOX 4304 LOS ANGELES 90054 January 13, 1978 07 -ORA -1 -19.7 Parcel 036741 -01 -02 County of Orange Department of Real Property 400 Civic Center Drive West Santa Ana, CA 92701 Attention: Mr. Alan Snyder, Title Officer Gentlemen: The State of California, Department of Transportation, intends to offer the real property shown on the enclosed map(s) for sale to the public. This information is supplied to you in advance of the sale in compliance with the provisions of Sections 54220 through 54223, 54426, 54227, 54.230 and 54230.5 of the Government Code to give you an opportunity to purchase the property at market value. If we do not hear from you within 60 days of the date of this letter, it will be assumed that you are not interested in purchasing the property and that you have no objection to its sale and development by private parties. Should you care to reply, please direct your correspondence to the undersigned. Very truly ours, DAVID D. REED Senior Right of Way Agent Excess Land Sales JA:emh Enclosure i� coo z;�s C c. z_ 3 Q w In Y J a��s u +. �oo+' I.. 0o z 3aQ w z aas> o. Z. U C4 rs o CD m J rs I t Y i +•:i I a o N tad d F4° c r[r � isa ►y `t � Z 4 ti U coo z;�s C c. z_ 3 Q w In a��s u +. �oo+' I.. 0o z 3aQ w z aas> o. Z. rs o rs I a iN 6 N i 1 L � M Ir w e m O J m V m W o to N u3 Cd R Z� a� �a 1 ai t�ti--' Eat G. Brown, Jr. STATC OF CATIf OTNIA- EUSINESS AND T?AWPORIATION AGENCY XktiGXC6::Ktt.. � Ga•erner DEPARTMENT OF TRANSPORTATION` Tj.. OISMICT 7, P.O. ,OX 2304, LOS ANGELES 90034 ~� January 13, 1978 07 -ORA -1 -19.7 Parcels 040766- 01 -01, 040767- 01 -01, 040767 -02 -01 County of Orange Department of Real Property 400 Civic Center Drive West Santa Ana, CA 92701 Attention: Mr. Alan Snyder, Title Officer Gentlemen: The State of California, Department of Transportation, intends to offer the real property shown on the enclosed map(s) for sale to the public. This information is supplied to you in advance of the sale in compli, °_nee with the provisions of Sections 54220 through 54223, 54426, 54227, 54230 and 54230.5 of the Government Code to give you an opportunity to purchase the property at market value. If we do not hear from you within 60 days of the date of this letter. it will be assumed that you are not interested in purchasing the property and that you have no objection to its sale and development by private parties. Should you care to reply, please direct your correspondence to the undersigned. Very trulyl;iQurs, DAVID D. FEED Senior Right of Way Agent Excess Land Sales JA - elmh nc osure £..- Oldl -j N Nou Uva OM o QNr?Ias y • U 1 h} j @I r I d 4i e oo z 3LL d �= ct - W t ` ��'jj ' M •i eY O ' m � I a m a'° w LU LL m � iC II N" I fill h V OI � 6 � .'i,, 'kk• W W I 4 fi' b i \sy\i 91 Tr f,l � }', '. it �p.� .),gip +y'Y / o` W ♦,o � 3� ` a d rly�4 • ;; I � ,F 1 �S r 4 � �� 11 `,✓ � { 7i A I tP!' 4 .°i °) �^°• w: `!•L'o'ri.) ' ems\ : I `i'qI' ..:: y,; we./•_r ♦} �'7 - P 9) : 1 Y t y N ♦wy -�M1'y ' -. Mi � Q -- Il u 8 1477 By C"V C:CUNICIL CITY or waw "T sz ct4 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER August 8, 1977 COUNCIL AGENDA ITEM NO. TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: ACQUISITION OF STATE RIGHT -OF -WAY PARCEL For approximately six months representatives of CALTRANS and this office have been negotiating for the acquisition of a small parcel between Tustin Avenue and a rectangular landlocked parcel pur- chased approximately a year ago by the City from the State for an off - street parking lot. Attached, members of the Council will find a map showing City -owned property in the vicinity and the parcel recom- mended for acquisition by the City. The parcel has been appraised by both the City and the State and the negotiated price for the parcel is $10,300, or $2.95 per sq. ft. To utilize the rectangular parcel as an off - street parking lot the City should obtain access from Tustin Avenue. This proposed parcel being 61' x 57' is within the proposed access route. Additional property will have to be purchased before the access route is complete, but it is believed proper to acquire the subject parcel at this time inasmuch as it is available. It is proposed that $10,300 be taken from the Off- Street Park- ing Fund for the acquisition of this parcel. A budget amendment is prepared and also shows on this evening's Council agenda. PAC, RLW:mm ROBERT L. WYNN Attachment El 3nN3nV p AWY377n3 ry 3nN3AV OS /7V 0 3nN3AV D'N36ON 73 w� 0 cb r- ai N I J Y L i ro a Y d O d u C O O1 d d U O r_ L a n r(n co R h fn M N O � a Q �l] N � Q ` Ci OQ M h S9 'War a a e w a a a y( 4 �r9 6J9 0.9 tj �1 O? V, a(n _ _.. v CI N ' E'S'£FZ 1 'oor rf 0'O tid ag CO 1 ; ikC �� C11 1A cj JUfi _- - --_ -- .6J L n Ci OQ M h S9 'War a a e w a a a y( 4 �r9 6J9 0.9 tj �1 O? V, a(n • d By !: ; ; CC)UNClt CITY 00 WmWO"PKT B' ACC RESOLUTION NO 9166 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING THE OFFER OF THE STATE DEPARTMENT OF TRANSPORATION TO SELL CERTAIN STATE -OWNED PROPERTY TO THE CITY OF NEWPORT BEACH AND AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT THE DIRECTOR'S DEED FOR SAID PROPERTY (PARCEL NO. 057768- 01 -02) WHEREAS, the Department of Transportation of the State of California by its letter dated August 8, 1977, has offered to sell certain state -owned real property to the City of Newport Beach for Ten Thousand Three Hundred Dollars ($10,300..00); and WHEREAS, said parcel is located between Tustin Avenue and a rectangular landlocked parcel purchased by the City from the State for an off- street parking lot, and is generally described as Department of Transportation Parcel No. 057768- 01 -02; and WHEREAS, the terms of the sale provide that the City will remit Ten Thousand Three Hundred Dollars ($10,300.00) at the time the letter agreement with the State of California Department of Transportation is executed and returned to the Department of Transportation prior to the State's forwarding a fully executed and recorded Director's Deed; and WHEREAS, the City Council finds that it is in the best interest of the City to enter into the agreement to purchase said parcel. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby accepts the offer of the state of California Department of Transportation to purchase from the.State of California, Parcel No. 057768- 01 -02, upon the terms and conditions as set forth in the letter from the Department of Transportation dated August 8, 1977, which letter + • by this reference is made a part hereof and is hereby incorporated into this resolution; BE IT FURTHER RESOLVED that said property will be used for a public purpose, namely a municipal parking lot. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute said letter agreement on behalf of the City of Newport Beach and to attach thereto a copy of this resolution, which shall constitute the acceptance by the City of the State of California's offer to sell said Parcel No. 057768 -01 -02 for Ten Thousand Three Hundred Dollars ($10,300.00), subject to the terms as set forth in said letter agreement and this resolution; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to accept a Director's Deed from the State of California Department of Transportation for the above described property. ADOPTED THIS 8th day of August 1 1977 Mayor ATTEST: City Clerk -2- DDO:yz 8/2/77 December 13, 1976 CITY COUNCIL AGENDA ITEM NO. H -2 (g) TO: CITY COUNCIL FROM: Public Works Department SUBJECT: COAST HIGHWAY - DOVER DRIVE IMPROVEMENTS AND BRIDGE WIDENING RECOMMENDATION: Adopt a resolution authorizing the Mayor and the City Clerk to execute a cooperative agreement with the State of California Department of Transportation (Caltrans) to provide for right of way acquisition on Coast Highway and Dover Drive. DISCUSSION: In connection with the widening of the Coast Highway bridge over Upper Newport Bay by the State, the City has requested that additional widen- ing and improvements be made on Coast Highway and Dover Drive. This work will be administered, designed, and constructed by the State. The first phase of the work is right of way acquisition. The attached Exhibit "A" shows right of way to be acquired which is the City's responsibility. The State and City staffs have prepared a cooperative agreement covering right of way services to be performed by the State, how the City will pay for these services, and the right of way to be acquired. The major parts of the agreement are outlined below: The State agrees to: 1. Provide right of way services such as right of way engineer- ing, relocation assistance, appraisals, acquisition negotia- tions, property management, and if needed, condemnation services. 2. Convey to City at completion of construction of improvements all right of way acquired for City outside the State's Coast Highway right of way. City agrees to: 1. Deposit with State $30,000 upon execution of the agreement and an additional $30,000 quarterly for 3 payments. The total amount of the City's share for FAU matching funds only is estimated to be $120,000. 2. Pay any additional costs due upon receipt of final billing. It is mutually agreed and understood that: State compensation shall include actual costs and labor costs (with overhead). r �+ December 13, 1976 Subject: Coast Highway - Dover Drive Improvements and Bridge Widening Page 2 2. Acquisition costs may include the following: a. Payment for parcel taken. b. Severance or other damages. c. Payment for relocation assistance claims. d. Escrow fees and title reports. e. Utility relocation payments. f. Reimbursement for clearance, sale and /or demolition of improvements. 3. The whole take may be required on parcels severely damaged. 4. This project is to be Federally funded and City's costs shall be the percentage of matching funds required by the Federal Highway Administration (FHWA) (currently 17 %). 5. All appropriate Federal and State regulations will be followed. 6. At a later date, prior to advertising for bids for the improve- ments, a separate agreement covering construction costs will be negotiated. The State has estimated that the right of way cost, including their fees and relocation assistance for parcels shown on Exhibit "A" is approxi- mately $700,000. FAU funding will pay for 83% of this leaving $120,000 for the City to pay. $60,000 will be due the State in 1976 -7 fiscal year and $60,000 in 1977 -8 fiscal year. $56,000 is currently remaining in the Gas Tax Account budgeted for this project. At the time the second payment comes due a budget amendment to the Gas Tax Fund will be processed. In the event Federal reimbursement is not made or Federal percentages are changed, the City's share will change to cover the additional costs. This cooperative agreement is necessary to begin the right of way acquisition phase for the Upper Newport Bay Bridge widening project. seph Yn 1 P blic Director :hh Attachment • I • I { C N " mo n � �1 sl� ,1 5ti ov .W11 11 1S1 TC V CD m a� �? a .a g a� y �V o v N M w 3 1' j I r I I V 3 I � I ti I a I I I v Y , a- V14 lJt co \ \ D a eN p79 0 a ♦{/ A M � 7D ` I DY I I I � 7i I IV � I OD I f 1 1 I i cT a ti� <y y o y t N M w 3 1' j I r I I V 3 I � I ti I a I I I v Y , a- V14 lJt co \ \ D a eN p79 0 a ♦{/ A M � 7D ` I DY I I I � 7i I IV � I OD I f 1 1 I i 1 B ; ivr -;:liL CITY. By RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE STATE OF CALIFOP44IA, DEPARTMENT OF TRANSPORTA- TION (CALTRANS) FOR RIGHT -OF -WAY ACQUISITION ON COAST HIGHWAY AND DOVER DRIVE * Ar) WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain cooperative agreement between the City of Newport Beach and the State of California, Department of Transportation (CALTRANS) in connection with providing for right -of -way acquisition on Coast Highway and Dover Drive; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said contract; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 13th day of December , 1976. Mayor ATTEST: City Clerk DDO /bc 12/8/76 OL CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION COMMISSION SE 13 1976 By the CITY COUNCiL September 13, 1976 CITY OF NEWPou BEACH TO: MAYOR & CITY COUNCIL FROM: PB & R Commission SUBJECT: AMENDMENT TO PHASING SCHEDULE FOR DEVELOPMENT OF WEST NEWPORT PARK RECOMMENDATION: Amend the development phasing of West Newport Park to expend the funds in the current year's budget for the development of the easterly two acres. DISCUSSION: In the current fiscal year there is an appropriation to provide Phase I development for West Newport Park which includes the installation of two tennis courts at the easterly end, two parking lots and the balance of the eight acres in sprinkler system and landscaping. The City is now is the process of acquirii acres of West Newport Park from the State area of land will be in public ownership, total appropriation in the current year's area in conformance with the Master Plan, as originally proposed. ig in fee the easterly two of California. Since this it is recommended that the budget be applied to that rather than the minimal plan This would mean that there would be four tennis courts instead of two. In addition, there will be four handball courts, a restroom, a small playground area and the parking that was originall proposed. The area included in this development would be from 56th StOleet to 59th Street between Seashore and the Pacific Coast Highway. F -2 Phase II development which would be proposed in the 1977 -78 budget would extend from 59th Street to the Santa Ana River. In making this recommendation, the PB & R Commission feels it is more appropriate to expend the current year's funds on land that will be owned by the City at the time of development. The City is also negotiating with the State to acquire the balance of the P.E. right of way property and this will probably be accomplished in time for Phase II development in the next fiscal year. Mike Johnson, Chairman MJ:CCS:h .: , tea- • SEP 13 1976 By +he cay couNCIL H CITY OF La RESOLUTION NO. 8883 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING THE OFFER OF THE STATE DEPARTMENT OF TRANSPORTATION TO SELL CERTAIN STATE -OWNED PROPERTY TO THE CITY OF NEWPORT BEACH AND AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT A DIRECTOR'S DEED IN CONNECTION THEREWITH (PARCEL NOS. 018188- 01 -02, 027069 -01 -01 AND 027069- 02 -01) WHEREAS, the Department of Transportation of the State of California by its letter dated August 27, 1976, has offered to sell certain state -owned real property to the City of Newport Beach for One Hundred Seventy Thousand Dollars ($170,0 00.00); and WHEREAS, said parcels are located in West Newport Beach, approximately between Seashore Drive and Neptune Avenue, and is generally described as Department of Transportation Parcel Nos. 018188- 01 -02, 027069 -01 -01 and 027069- 02 -01, more specifically described as: "Lot hand Lot 2 of Tract No. 4400 and all that portion shown as NOT A PART OF THIS SUBDIVISION, both as shown on map recorded May 24, 1962, in Book 162, page 22 of Miscellaneous Maps, in the office of the County Recorder of said county. EXCEPTING THEREFROM that portion of said Lot 2 and said portion labeled NOT A PART OF THIS SUBDI- VISION within a strip of land 24.00 feet wide, the Northerly line of which is coincident with the Southerly line and its Westerly prolongation of the land described in the deed to the State of California (State Parcel No. 30) recorded April 20, 1936 in Book 822, page 48 of Official Records in said office." WHEREAS, the terms of the sale provide that the City of Newport Beach will remit One Hundred Seventy Thousand Dollars ($170,000.00) at the time the letter agreement with the State of California Department of Transportation is executed and returned to the Department of Transportation, and that thereafter the State will forward to the City a fully executed and recorded Director's Deed; and WHEREAS, the City Council finds that it is in the best interest of the City to enter into the agreement to purchase said parcels which will be used by the general public specifically for parks, recreation and open space; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby accepts the offer of the State Department of Transportation to sell Parcel Nos. 018188- 01 -02, 027069 -01 -01 and 027069 -02 -01 to the City of Newport Beach upon the terms and conditions as set forth in the letter agreement from the Department of Transportation dated August 27, 1976, and by this Resolution which by this reference is made a part of and is hereby incorporated into said letter agreement; BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to sign a duplicate copy of said letter agreement and attach thereto a copy of this Resolution, which shall constitute the acceptance by the City of the State's offer to sell said Parcel Nos. 018188- 01 -02, 027069 -01 -01 and 027069 -02 -01 for the appraised value of One Hundred Seventy Thousand Dollars ($170,000.00), subject to the terms as set forth in said letter agreement and this Resolution. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to accept a Director's Deed in connection with the above - referenced property. ADOPTED this 13th day of September , 1976. ATTEST: City Clerk Mayor DDO /bc 9/2/76 s AU G 2 3 1916 By the CITY COUNCIL CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER August 20, 1976 TO: MAYOR AND CITY COUNCIL FROM: City Manager. SUBJECT: ACQUISITION OF P.E. RIGHT OF WAY ' Late, August 19th, Mr.- Harry Kagan, Chief Right of Way Agent for CALTRANS, telephoned and indicated that the State would sell the P.E. right of way to the City on City terms. Details of this property are as follows: A. Map showing the proposed property attached. B. Characteristics of Parcel "A" 1. Size — 442,570 sq. ft 2. Date acquired by State - 7/5/63 3. Acquisition price - $1,527,501 4. Current State appraisal - $2,700,000 C. Characteristics of Parcel "B" 1. Size - 68,707 sq. ft., exclusive of street right of way. Street right of way that can be vacated by the City is 14,000 sq. ft. 2. Date of State acquisition - 7/5/63 3. Acquisition price - $268,167 4. Current State appraisal - $383,470 D. City acquisition cost or proposal accepted by the State. 1. Acquisition of Parcel "8" for $170,000 cash 2. Date of transfer immediately, as soon as documents can be drawn and executed. 3. Deed restrictions - none S' e Page -2- 4. Acquisition of Parcel "A" on one of the following two options selected by the City of Newport Beach. -- a) The parcel appraised as open space and acquired by the City in cash payment. (Estimated value as open space $450,000). b.) The City improve Pacific Coast Highway along the entire length of the parcel with 100% of the street improvements applying against the acquisition cost of Parcel "B ", with Parcel. "B" being appraised as a resubdivision. (Street improvements estimated to cost approximately $800,000 and would be eligible as an AHFP project. Parcel on re- subdivision basis estimated to have a value of approximate- ' ly $900,000). E. Recommended course of action. 1. On August 23rd the Council, by minute action, authorize the acquisition of Parcel "B" for $170,000 and direct the staff to prepare the necessary formal documents. 2. That the staff be directed to work up values of the various options for the acquisition L of.Parcel "A" and report back to the City Council as soon as data is ready. 3. That Parcel "A" be placed on the open space General Obligation Bond list for $450,000. Attachments ROBERT L. WYNN 122V ,t a a �. , Q -h •m ATL J ln—1,` y O—ft� Z 1S � b v I w '44 T _ l%M 11 - Q I Y k` � ICI `• � 3 O � � a I n m U C I ' ` N0170,7 - I_A I AA`` s QD u � - I V c I F b 1 T . T roh 1nM7CAA � � -=� - -- I I 4tr___L 0 I lb N - i C ! V —7./ 1� _ Q t OZ aov� N + = I O(�� b R z � < 00 N C y W � o; z r+: N I W � a a o¢ uo a ¢ y r u e W ° N_ a O • N a u �x 0 u ¢ oz 4 ac p i u a I u' a2 v oa od z o � ¢ o W u W ° N 2' 'd 0 . W W U ¢ d i � W 1 6 F O z I zd c¢ 6 � t! ua as s' o¢ uo z 0 O ui W W° N Z a 0 • a N u W y u a ° W ¢ W O`yr 24 d¢ y �o a2 1 I I H 1� I �I ° �..t: a,• a ..A.. 1 1 V -4 of Q3% ui kA cm V 0 4 C4 o Ld 105 LL Io7 *I OF z < ST fy 0 Lf- 0 I Or 15- - 6 At F9 ti 1% ti O o To Q- OP, Oi 1100, I Z5-1 - /, NPP Q-1 1% ti O o To Q- OP, Oi 1100, I Z5-1 - /, UL 0 ti z -Z9 101, 1 in : 0.1% k 1-- 04, u 14 -#e4f / 70 veoNos COO :00 . Y MAY 2 4 1976 BY As CITY COUNCIL CITY OP IIM011"M KwkCH RESOLUTION NO. 8'77 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR TO ACCEPT A DIRECTOR'S DEED FROM THE STATE OF CALIFORNIA (DEPARTMENT OF TRANSPORTATION) FOR THE PROPERTY LOCATED AT TUSTIN AVENUE BETWEEN PACIFIC COAST HIGHWAY AND CLIFF DRIVE WHEREAS, the State of California (Department of Transportation) has presented to the City Council of the City Of Newport Beach a certain Director's Deed dated April 27, 1976, wherein the State of California (Department of Transportation) conveys to the City of Newport Beach the following described real property located at Tustin Avenue between Pacific Coast Highway and Cliff Drive in the City of Newport Beach: That portion of Lot A of Tract No. 919, as per map recorded in Book 29, pages 31, 32, 33 and 34 of Miscellaneous Maps, in the office of the County Recorder of said county, more particularly described as follows: Commencing at a point in the Southwesterly line of said Lot A, said Southwesterly line being the Northeasterly line of the California State Highway as shown on said map of Tract No. 919, 832.78 feet Northwesterly of the Southeasterly corner of said Lot A, said 832.78 feet being measured along the said Southwesterly line of said Lot A; thence Northeasterly along a line parallel to the South- easterly line of said Lot A, 230.36 feet to the TRUE POINT OF BEGINNING; thence Northeasterly along a line parallel to the Southeasterly line of said Lot A, 26.99 feet; thence Southeasterly along a line measured at right angles to said Southeasterly line of said Lot A, 49.12 feet; thence Northeasterly along a line parallel to the said Southeasterly line of said Lot A, 23.00 feet; thence Southeasterly along a line measured at right angles to the said Southeasterly line of said Lot A, 49.13 feet to the Northwesterly line of land described in a deed to Mildred W. Brown, a married woman, recorded March 9, 1953, in Book 2466, page 584 of Official Records; thence along said North- westerly line N 390 43` 30" E, 194.62 feet to the most Northerly corner of said land of Mildred W. Brown; thence N 500 15' 10" w, 202.39 feet to the Northwesterly line of the Southeasterly 938.78 feet, measured along the Northeasterly line of said California State Highway of said Lot A, as described in deed to Frank S. Lampert, recorded September 30, 1940 in Book 1059, page 325 of Official Records; thence along said last mentioned Northwesterly line S 390 43' 30" W, 239.43 feet; thence Southeasterly, in a direct line to said TRUE POINT OF BEGINNING. WHEREAS, it is to the interest of the City to accept said director's deed; • f NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Mayor is hereby authorized to accept said director's deed from the State of California (Department of Transportation) and the City Clerk is authorized and directed to attach thereto a certificate of acceptance and consent to its recording and to cause said document to be recorded in the Orange County Recorder's Office. ADOPTED this 24th day of ATTEST: City Clerk Mayor 1976. DDO /bc 5/19/76 d CITY OF NEWPORT BEACH By Ina CITY COUNCIL OFFICE OF THE CITY MANAGER CITY Of NFWp0,4T eEAcf! March 22, 1976 STUDY SESSION NO. 7 TO: MAYOR AND CITY COUNCIL j FROM: City Manager SUBJECT: PURCHASE OF STATE PROPERTY IN MARINERS MILE AREA The Planning Commission for approximately six months has been working on a Specific Area Plan for the Mariners Mile area. While the Plan will not be finished for approximately four months, the preliminary concept is to require several off - street municipal parking lots for the area. The Planning Commission, in deliberations held thus far, has in- dicated that the parking lots may be essential, especially if the City eliminates street parking on Pacific Coast Highway. The State Division of Highways has a 1.04 acre parcel of property east of Tustin and north of Pacific Coast Highway which is acceptable for a parking facility. Attached members of the Council will find a map showing the location of the lot, its configuration, and the ownership of adjacent parcels. The Community Development Department has examined this lot in terms of parking spaces and has determined that the lot would park approximately 132 cars (See Exhibit A attached). One problem for the use of this lot which has not been resolved is the provision of vehicular access to this parcel. Owners of adjacent lots have been contacted and they have indicated cooperation in providing the access, but this co- operation has not been finalized in a written document. This subject will be addressed more in the verbal presentation during the study session. The State of California acquired this parcel in 1965 for $459,000. The price appears excessive, but the price does contain some severance damages assessed by the court against the State. The State is now offering this parcel for sale as indicated on the attached "Public Auction" bulletin. Because of the State's desire to sell excess parcels of property they have indicated that they could not wait for this parcel for completion of the City's Specific Area Plan estimated to be finished in June or July of this year. The City must decide, therefore, whether to submit a bid for the parcel on March 30, 1976. The City appraisal has been obtained for this parcel and the bid, if made by the City, will be based on the appraisal. By separate memorandum you have been advised of the bid amount. If the City submits a bid it is proposed that the entire amount come from the City's Off- street Park- ing Fund. At the present time there is approximately $27,000 in the Highway 101 Business District Off - street Parking Fund. The balance could be borrowed from other Parking District areas, with the loan being re- payed from parking revenues generated by the subject lot. • • Page -2- Attached you will find a copy of a memo from the Community Development Department giving estimates of proposed parking revenues from the lot. As long as the City permits on- street parking in the subject area, an additional $3,000 per year can be added to the totals contained in the memo from the Community Development Department. The $3,000 represents the average annual revenue for the meters in the Highway 101 Business District area. ROBERT L. WYNN RLW:mm Attachments r rlO i Lill' a �] Y .J ,r `{ 1 r , d i \ •1 h ill "A � J o a L -1 �N s Y• Y V v (1 r, !1 7 r , d i \ •1 h ill "A � J o a L -1 �N - -I s Y• Y V v - -I 2-v- alw- 137- SPACE 4-- Ji ,�II�,�,��i t s :La•t - GATE: MARCH 30 1976 TIME; 10:00 A.M., at Newport Beach City Hall, 3300 W.-Newport Blvd., Newport Beach in city council chambers LOCALITY OF NEWPORT BEACH 0 120 SO. SPOI ,"�6 STREET LOS ANGELES, CALIF. 90012 PHONE NO: (213) 620 -2754 Mr. Cdrdozo FOR ALE SALE NO. LCMUMLI l ZUIE APM 011. PirN M 8132 230+' N10 Pacific Coast Highway C2-H' 45,460 Sq. Ft. East of Tustin Avenue, Newport Beach Min. Bid: $120,000.00 Deposit: $12,.000.00 Terms of Sale: Ali cash within 180 days of the bid opening date, or Caltrans will finance 50% for one year at a 10% interest. LEGAL DESCRIPTION Auction Sale No. 8132: That portion of Lot A of Tract No. 919, as per map recorded in Book 29, pages 31, 32, 33, and 34, of Miscellaneous Maps, in the office of the County Recorder of Orange County, as shown on the attached sketch. The above - described real property is landlocked and without any direct access to any public or private road. The State of California is without obligation or liability to provide access to the said real property. The above description is given for general identification of the property only. It is not neces- sarily the lega! description which will be used in the Director's Deed conveying the property. Amore specific and detailed description will be furnished upon request. 2b • DATA SHEET ORA -1 Deed No. - o40535 -01 -01 SALE ITEM NO. 8132 MINIMUM BID: $120, 000.00 LOCATION: 230+' N/0 Pacific Coast REQUIRED DEPOSI T: $12,000.00 Highway, East of Tustin Ave., Newport Beach Balance to be received at Department of Transportation Office on or before — September 26, 1976 (180 Days DESCRIPTION: Size: 45,460 Sq. Ft. Shape: Almost Rectangular Topography: Level Zoning As Of 12/15/75 C2-H. State makes no warranty as to existing or future zoning. Prospective bidders should confer with local planning officials to determine feasibility of any intended use of the property. Utilities: Availability of utilities should be checked with the City of Newport Beach, Access: Landlocked Improvements: Miscellaneous paving, concrete bumpers and concrete block wall Tenancy None LIMITATIONS AND INSPECTION The sale of this property is subject to all matters of public record and any easements, claim of easements, or reservations not of record. The Department of Transportation does not assume any liability for any possible encumbrances on this property. Such information as the Department of Transportation may have on this subject will be furnished upon request. Prospective bidders should consult local title companies if more complete information regarding the title of the property is required. Interested parties, upon request, may inspect the property and conduct core or soil sample tests. 3 C, o,9sT s- C/ TY OF Fa- 0RA PARCEL 0405d.i- 0,= 0 /(�U535J IvE W f'O.R gEAC # 99, NP Total Are a.= 45 460Sq cj L ANDL O O(L'D \ QP r SUITE R£TAIP0 ACCESS RIGHTS STATE OF ;;!LIE ORMA — DEPARTMENT OF 'rRAMSPORTA ION -- DI:TRXT 07 PLAT .,4'C0AfPA Mr7NG ` r SCALE:: ALONE DIR R.'> DEED ryJ 403 55I `^1"©1 r URWN' SP CHKD: 7S DATE: /Z - /'- 75 F/709 -2 4b - -- ��� Vt'u BI D 1 YR. 10% *BID FORM SOLE REM DEED NO. 8132 1 NO. QyoS-�c�-o I -ol. ORA -1 180 DAY OPTION TO PURCHASE - CASH OR CREDIT TERMS For the purchase of the following real property 230+1 N10 Pacific Coast Highway, East of Tustin Ave., Newport Beach The undersigned bic der agrees to the conditions of option, and further agrees, within _days, to open an escrow at his expense with the ——Rame Escrow company (Address) for the purchase of the above noted real property in the total amount of $ The Deposit: ($500.00 plus 10% of my Bid) is enclosed in the amount of $ _ _ . The Balance to be paid to the Department of Transportation on or before September 26, 1976 If this is a credit transaction and improvements are included, bidder agrees to obtain a fire insurance policy in the amount of $ naming the State of California, acting by and through the Departnent of Transportation, as coinsured and deposit same with the above -named Escrow Company. All provisions of the TEAMS OF OPTION TO PURCHASE printed on the reverse nice of this Bid Form are hereby specifically incorporated by reference into the terms of this option, and bidder agrees toperform eachol the said terms.. Compliance with the obligation set forth above shall be considered as an exercise under this OPTION TO PURCHASE. The property shall be conveyed by Director's Deed to (Showhow title is to be vested) i C Husband and Wife. . as Joint Tenants As Tenants in Common M A Single Man A Single Woman A married man /woman as his /her'sole and separate property [—]Other (Specify above) (Please check one if applicable) Bidder may take possession of said real property as soon as said Director's Deed has been filed . for record. It is also agreed -hat all notices and matters arising in connection with this transaction will be given to bidder in person or by registered mail addressed to bidder at Dated Phone No. _.._. Signed 5 NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION TEjjAS OF OPTION C_ASH-CREDIT IERM: IF THE HIGH BID 15 LESS THAN 510,000 THE SALE WILL BE A CASH TRANSACTION. IF THE HIGH BID .IS $10,000 OR MORE, THE SALE MAY BE CASH OR A CREDIT TRANSACTION. ALL BIDS SHALL BE PRESENTED UNDER COVER AND SHALL BF. PLAINLY MARKED ON THE OUTSIDE OF THE,COVER. _LPQSI:' ILL BIOS MU51 HE ACCOMPANIED BY CASHIERS CHECK, m MONEY ORDER MADE PAYABLE TO DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF THE REQUIRED DEPOSIT. PERSONAL CHECKS WILL BE ACCEPTED WHERE THE MINIMUM BID 15 510:000 OR LESS. OPTION PERIOD: THE OPTION DEPOSIT WILL BE THE CON - SIOERATION FOR THE OPTION PERIOD, THE LENGTH OF OF WHICH IS SPECIFIED ON THE DATA SHEET. THE OPTION PERIOD SHALL COMMENCE ON THE FIRST DAY FOLLOWING THE DATE THE BIDS ARE OPENEO. THE BALANCE OF THE PURCHASE PRICE SHALL BE PAID ON OR BEFORE EXPIRA- TION OF THE OPTION PERIOD. - "EXTENSIONS OF OPTION PERIOD ": THERE MAY BE SITUA- TIONS WHEREIN THE OPTION HOLDER 15 UNABLE TO COMPLETE THE TERMS OF OPTION WITHIN THE TIME - ALLOWED FOR REASONS BEYOND HIS CONTROL. UNDER THESE CIRCUMSTANCES, THE STATE. ATITS DISCRETION, MAY ELECT TD EXTEND THE OPTION PERIOD. A CHARGE OF 1: OF THE BID PRICE PER MONTH WILL NORMALLY BE MADE FOR SUCH EXTENSIONS. THIS CHARGE SHALL NOT BE APPLIED TOW.ARO THE PURCHASE PRICE. FORFEITURE OF DEPOSIT: THE OPTION DEPOSIT AND ANY AOOITIONAL OPTION DEPOSIT SHALL BE NONREFUNO- ABLE IN THE EVENT THAT THE SUCCESSFUL BIDDER FAILS TO EXERCISE THE OPTION WITHIN THE OPTION PERIOD OR FAILS TO COMPLY WITH ANY AND ALL OF THE TERMS OF THE OPTION AS HEREIN PROVIDED. BID FORM:' BIDS MUST BE SUBMITTED ON A FORM ISSUED BY THE DEPARTMENT Of TRANSPORTATION. A. COPY OF THE BID FORM ACCOMPANIES THIS NOTICE, IF THE 810 FOAM IS NOT SIGNED BY THE BIDDER, THE BID WILL BE REJECTED. OPTION AGREEMENT: THE DEPARTMENT OF TRANSPORTA- TION WILL NOTIFY THE HIGH BIDDER, IN WRITING. THAT - THE BID RECEIVED WAS THE HIGHEST AND WILL BE SUB- MITTED TO THE CALIFORNIA HIGHWAY COMMISSION FOR APPROVAL. UPON THE MAILING OF THE WRITTEN NOTIFI- CATION, THE BID FORM SHALL BECOME AN OPTION AGREE- MENT AND THE SUCCESSFUL, BIDDER SHALL BE BOUND TO THE TERNS SPECIFIED IN THE NOTICE OF SALE AND BID FORM. TIE BIDS: IN THE EVENT THAT TWO OR MORE HIGH 8105 ARE SUBMITTED WHICH ARE EQUAL IN AMOUNT. THE OPTION SHALL BE AWARDED TO THE HIGH BIDDER CHOSEN BY LOT AT THE TIME BIOS ARE OPENED. SECOND HIGH BID: IN THE EVENT THAT THE HIGH BIDDER. FAILS TO EXERCISE THE OPTION WITHIN THE OPTION PERIOD THE STATE MAY. AT ITS DISCRETION, OFFER THE THE OPTION TO THE SECOND HIGH BIDDER, IF THE SECOND HIGH 91ODER ACCEPTS THE OPTION, THE DEPOSIT RE- QUIREMENTS AND TERMS OF OPTION TO PURCHASE SHALL BE THE SAME AS STATED IN THE NOTICE OF SALE EXCEPT THAT THE OPTION PERIOD SHALL COMMENCE ON THE DAY THE OPTION IS AWARDED BY THE STATE. LIMITING. CONDITIONS' 111 THE SALE UNDER THIS OPTION IS SUBJECT TO THE APPROVAL OF THE CALIFORNIA HIGHWAY COMMISSION. NO ASSIGNMENTS CAN BE MADE. IF THE SALE IS NOT APPROVED, THE OPTION DEPOSIT MONEY WILL BE RE- FUNDED WITHOUT INTEREST, THE SUCCESSFUL BIOOER MAY TAKE POSSESSION WHEN THE DIRECTOR'S DEED 15 RECORDED. 121 WHEN THE SALE 15 APPROVED BY THE CALIFORNIA HIGHWAY COMMISSION AND THE SUCCESSFUL BIDDER ELECTS TO EXERCISE THE OPTION, THE OPTION DEPOSIT WILL BE CREDITED TOWARD THE BID PURCHASE PRICE. •• TO PURC #SE 13) THE STATE RESERVES THE RIGHT TO REJCCT ANY AMU ALL BIOS AND TO CANCEL THE SALE IN PART OR IN ITS ENTIRETY, ANY TIME PRIOR TO RECORDATION OF THE DIRECTOR'S DEED. IN THE EVERT OF CANCELLATION OF SALE AND, -OR REJECTION OF ANY BIDS, THE RESPECTIVE DEPOSITS OF MONEY SHALL BE REFUNDED WITHOUT IN- TEREST. 10 THE RIGHT, TITLE AND INTEREST IN THE PROPERTY TO BE SOLD SHALL NOT EXCEED THAT Vt'STEO. IN THE STATE OF CALIFORNIA, AND THIS SALE 15 SUBJECT TO ALL TITLE EXCEPTIONS AND RESERVATIONS WHETHER OR NOT OF RECORO. THE SUCCESSFUL BIDDER MAY OBTAIN A POLICY OF TITLE INSURANCE AT 4I5 OWN EXPENSE. IS) THE SUCCESSFUL BIDDER SHALL PAY ALL RECORDING FEES, DOCUMENTARY TRANSFER TAX, OR OTHER REAL ESTATE TRANSACTION TAXES OR FEES BY WHATEVER NAME KNOWN, INCLUDING ESCROW FEES OR BROKER'S COM- MISSION, IF ANY, AND PERSONAL PROPERTY SALES TAXES WHERE APPLICABLE. (6) SHOULD THE SUCCESSFUL PURCHASER DESIRE A SUR- VEY OF THE PROPERTY, THIS MAY BE ACCOMPLISHED BY AN INDEPENDENT SURVEY AT THE PURCHASER'S EXPENSE. NO WARRANTY IS MADE BY THE DEPARTMENT Of TRANS- PORTATION RELATIVE TO THE GROUND LOCATIONS OF PROPERTY LINES OTHER THAN MONUMENTEO HIGHWAY RIGHT OF WAY LINES. (TI THE SUCCESSFUL BIDDER SHALL BE RESPONSIBLE FOR COMPLYING WITH LOCAL BUILDING COOES ASO OROI- NANCES.. ALL PROPERTIES ARE SOLD IN AN "AS 15" CONDITION. (8) EMP.LOVEESOF THE DEPARTMENT Of TRANSPORTATION MAY NOT 510 ON SALES OF EXCESS REAL PROPERTY, (91 THE SUCCESSFUL BIDDER WILL BE REQUIRED TO TAKE POSSESSION OF ALL VACANT DWELLINGS ON THE DAY OF SALE FOR THE PURPOSE OF PROTECTING TYEIRINTER- EST IN THE PROPERTY. (10) ALL RENTS PAID WILL BE PRORATED AND TRANS- FERRED TO THE BUYER AS OF THE DATE THE DIRECTOR'S DEED 15 RECORDED. ANY DEPOSITS HELD BY THE STATE WILL BE REFUNDED TO THE TENANT. SPECIFIC CONDITIONS FOR I�TCREDIT SALE: THE SUCCESSFUL ,3V BIDDER SHALL WITHIN DAYS AFTER THE AWARD OF OPTION, OPEN AN ESCROW AT HIS EXPENSE WITH A MUTU- ALLY ACCEPTABLE LICENSED ESCROW COMPANY AND BY 9/26 WH 76,EP051T AN ADOIT-ONAL SUM OF MONEY, WHICH, EN ADDED TO THE OPTION DEPOSIT WILL EQUAL AT LEAST 50 PERCENT OF THE SUCCESSFUL 810. TOGETH- ER WITH THE FIRE INSURANCE POLICY AS PROVIDED FOR IN THE BID FORM ASO A SIGNED NOTE AND TRUST DEED ACCEPTABLE IN FORM TO THE ST'AT'E OF CALIFORNIA IN THE AMOUNT OF THE BALANCE Of THE PURCHASE PRICE. SAID NOTE SHALL PROVIDE THE BALANCE OF THE PUR- CHASE. PRICE AND WILL BE PAYABLE IN QUARTLRLY IN- STALL110"T5 FOR A PERIOD NOT TO 9XCIEEO 1 YEA"L THE NOTE SHALL BEAR INTEREST AT TOR PER ANNUM ANOINT ERESI WILL COMMENCE THE DAY AFTER CLOSE OF ESCROW. THE PRINCIPAL OBLIGATION UNDER THE TRUST DEED MAY BE PREPAID IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. PARTIAL PAYMENTS SHALL BE APPLIED AGAINST THE PRINCIPAL OBLIGATION AND 5 #ALL NOT REPLACE REGULARLY SCHEDULED PAYMENTS, "LATE PAYMENTS SHALL BE SUBJECT TOPE ALTY C4ANG( S". ALL PAYMENTS MUST BE MADE AT THE DEP.ARTMENI Of TRANSPORT A110N,. 120 SO. SPRING STREET, L05 ANGELES, CALIFORNIA 90012. IN CASH, CHECK ORMONEY ORDER PAYABLE TO THE ORDER OF THE DEPARTMENT OF TRANS- PORTAL ION. THE SUCCESSFUL BIDDER 5OPTION DEPOSIT MADE AT THE TIME OF SALE WILL Be RETAINED BY THE STATE AND NOT PLACED IN ESCROW. r W PnR t !i Department of Community Development 9f 1 (KPH March 15, 197b 10: Robert Wynn, City Manager rROM: Tim Cowell, Advance Planning Administrator ;1.18JEC7: Caltrans Property in Mariner's Mile The approximate one -acre Caltrans parcel east of Tustin Avenue in Mariner's Mile has been shown on the draft Mariner's Mile Specific Area Plan as a public parking lot. It should be understood that this designation is merely a proposal at this time, and subject to revision by the Planning Commission or City Council. Also, the E.I.R. on the Mariner's Mile Specific Area Plan, now being prepared by consultants, will include a study of the desirability and economic feasibility of the public parking lot proposals. (This E.I.R. should be completed by the end of April.) A preliminary economic analysis of the Caltrans parcel east of Tustin Avenue follows: Number of Parking Spaces: (t) 150 As indicated by the table, if we assume a 33% average occupancy (which may be reasonable in the early years of the project, if good access is provided) at a $1.00 per day rate, the annual income would be $14,850. As the Mariner's Mile area develops, more demand for parking should be generated (and it is likely that some property owners will want to lease or pay in -lieu fees for spaces); if the occupancy level increases to 75% at $1.00 per day, the annual income would be $33,750. Land Cost: $120,000 Improvement Cost: $ 45,000 Total Initial Cost: TI 5,000 Annual Cost for Ten -Year Period: $16,500 The following table, provided by the Public Works Department, indicates the annual revenues which would be generated at various occupancy levels, with various daily rates: Daily Rate 100% 75% 50% 33% 25% $0. 2 5 $1=, O $ 8-,-2178 $ 53 5 $ 3—,7T3 $ 2_,M 0.50 22,500 16,875 11,250 7,425 5,625 1.00 45,000 33,750 22,500 14,850 11,250 1.50 67,500 50,675 33,750 22,275 16,875 2.00 90,000 67,500 45,000 29,700 22,500 As indicated by the table, if we assume a 33% average occupancy (which may be reasonable in the early years of the project, if good access is provided) at a $1.00 per day rate, the annual income would be $14,850. As the Mariner's Mile area develops, more demand for parking should be generated (and it is likely that some property owners will want to lease or pay in -lieu fees for spaces); if the occupancy level increases to 75% at $1.00 per day, the annual income would be $33,750. Page Two It should be noted that additional annual costs for maintenance and operation of the parking lot will occur; although no detailed estimates have been developed, these costs could be in the range of $5,000 to $10,000 per year. In addition, the costs of providing access to the currently "land - locked" parcel should be considered. The extension of Avon Street easterly from Tustin Avenue to the parking lot could cost around $150,000 (depending on possible dedication and adjacent property owners participation). This $150,000 cost spread over a ten -year period, results in an additional $15,000 annual cost. Adding this additional $15,000 annual cost, and a figure of $10,000 for annual maintenance and operations, to the previous $16,500 annual cost for acquisition and development of the parcel results in a total estimated annual cost of $41,500 for a ten -year period. It appears highly unlikely that the usage of this lot in the near future would be high enough to generate $41,500 per year. However, it should be noted that: 1) the annual costs can be reduced by spreading the costs over a longer period, Z) the parking usage should increase after the initial ten - year period, and 3) there will always be a residual land value remaining in the property. In conclusion, it appears unlikely that this public parking lot project will be self - supporting within the near future and that a decision to embark on this project cannot be based on parking lot economics alone, but must include considerations of potential benefits to the area, such as encouraging redevelopment of the smaller lots with older buildings (where provision of off - street parking is difficult), off - setting the projected loss of on- street parking on Coast Highway, and the possibilities of future exchanges of the Caltrans parcel, or portions thereof, for other parcels needed for street system improvements. (Even if it is determined in the future that the Caltrans parcel should not be developed as a public parking lot, or if the parking lot is developed and not fully - utilized, it still may be desirable to extend Avon Street easterly as a "'loop" street connecting to Coast Highway; a portion of the Caltrans parcel will be needed for this right -of -way.) �Yljl yt,114 n Tim Cow Advance Planning Administrator TC:jmb i STATE OF CALIFORNIA EDMUND G. BROWN JR.,_,Gowrme. CALIFORNIA HIGHWAY COMMISSION ;v� i 1 ®1915 1140 N STREET, P.O. BOX 1139 SACRAMENTO, CALIFORNIA 95805 By +Ile CiiY COUNCIL (916) 445 -3259 CITY OF "pMPART BEACH October 24, 1975 Hon. Donald A. McInnis Mayor City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92660 Dear Mayor McInnis: y�o) 1'0 CO. It .;�•�i The California Highway Commission, on October 15, 1975, rescinded the previously adopted freeway location on Route 1 (the Pacific Coast Freeway) in Orange County between Route 605 and Route 5. In addition, the Commission directed the Department of Transpor- tation ( CALTRANS) to dispose of rights of way previously acquired for freeway purposes on said segment of Route 1. You can be assured that all potentially interested public agencies will be given an opportunity to purchase the now - excess properties Of CALTRANS rP ion to such properties being offered for public sealed bid or oral auct>_on sale. As a matter of information, the State Department of Parks and Recreation has already expressed interest in acquiring much of the unimproved land, between Beach Boulevard and the Santa Ana River, for addition to their Huntington State Beach. Negotiations with PARKS should begin in the next few months. CALTRANS staff will continue to cooperate to the greatest extent possible regarding the disposal of excess parcels. Sincerely, M N4PI [d. ,THO Executive Secretary _ k2 CiG CITY OF NEWPORT BEACH OCT 2 8 1975 OFFICE OF THE CITY MANAGER October 28, 1975 By the CITY COUNCIL C17Y QF 08l+IMRT ar.ACH TO: MAYOR AND CITY COUNCIL COUNCIL AGENDA NO.H-2(g) FROM: City Manager SUBJECT: ACQUISITION OF STATE RIGHT -OF -WAY PROPERTY - CORONA DEL MAR The City of Newport Beach on February 26, 1975 approved of an agreement for the purchase of the State Division of Highways property in Corona del Mar. On May 2, 1975 the title transferred from the State to the City. On June 17, 1975 the Orange County application for the Com- munity Development Block Grant program was approved by the Department of Housing and Urban Development. On July 1, 1975 the City made the first payment of $100,000 to the State. After the four steps repeated above were taken by the City, it was learned that HUD regulations required approval of the project before project land is transferred. Inasmuch as the City's project land trans- ferred prior to the approval of the Grant application, it will be neces- sary for the City to start over on the project. The State is willing to cooperate in order to comply with the technical requirements of the federal legislation. They will take the property back, reimburse the funds to the City, and enter into a new contract for the purchase of the land by the City. A new title can then be issued by the State Division of Highways and the City's application will comply with all technical regulations issued in connection with the Community Development Block Grant program. The State will sell the property to the City for the same price as originally negotiated, and so it appears to be to the advantage of the City to approve of the subject agreement so as to comply with the necessary regulations. � 1 i RLW:mm ROBERT L. WYNN Attachment # • AGREEMENT (State of California - 5th & Marguerite Avenues) THIS AGREEMENT is made and entered into this day of , 1975 by and between the City of Newport Beach, a municipal corporation, hereinafter referred to as "City" and the State of California, acting by and through the Department of Transportation, hereinafter referred to as "State ". W I T N E S S E T H: WHEREAS, City and State entered into an Agreement on February 26, 1975, wherein the City could acquire the property located at 5th and Marguerite Avenues, City of Newport Beach, California, designated as State 'Parcel No. 041339- 01 -01; and WHEREAS, on May 2, 1975, title to said property was transferred to City; and WHEREAS, on June 17, 1975 the County of Orange application for federal assistance to the U. S. Department of Housing and Urban Development for Community Development Block Grant Program was approved by the Department of Housing and Urban Development; and WHEREAS, on approximately June 17, 1975, the City first learned of Federal regulations governing the Community Development Block Grant Program which may make City's acquisition of said property prior to approval of the County application an ineligible activity; and WHEREAS, City desires to Fully comply with Department of Housing and Community Development regulations.concerning the Community Development Block Grant Program to make all City activities in conjunction therewith eligible, -1- NOWj THEREFORE, in consideration of the foregoing, i i the City and State hereby agree as follows: � I 1. City shall reconvey to the State the property previously acquired by City located at the intersection of 5th and Marguerite Avenues, in the City of Newport Beach, aiid designated as State of California Parcel No. 0,41339-01-01. 2. State shall repay to City the consideration previously paid by City to State in the amount of $105,000 less approximately $12,075, which represents the loss of interest to the State from July, 1975, to approximately January, 1976, the date of reconveyance contemplated from State to City. Said interest loss will be computed precisely at such time as the State conveys the subject property to the City in approximately January, 1976.' 3. City and State shall enter into a new agreement for purchase of the subject parcel with terms and conditions similar to the agreement between City and State dated February 26, 1975. 4. Upon reconveyance of said property to State, City and State shall prorate the lease payments from City's tenant on the property during such time as tole is held by State. The lease administration shall be by mutual agreement I of City and State outside the scope of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be made and executed on the day and year first above written. Mayor ATTEST: STATE OF CAL:!'FORNIA, DEPAP'TMENT OF TRANSPOR'.PATtiON Fay -2- HRC • dt 10/22/15 1.. OCT 2B 1915 RESOLUTION NO. 8 6 2 6 By the CITY COUNCIL CITY OF. i SGACH A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE STATE OF CALIFORNIA CONCERNING THE PROPERTY LOCATED AT 5TH AND MARGUERITE AVENUES IN THE CITY OF NEWPORT BEACH WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and The State of California concerning the property located at 5th and Marguerite Avenues in the City of Newport Beach; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. OCT 28 ADOPTED this day of , 1975. Mayor ATTEST: City Clerk e HRC:dt 10/22/75 i' .►JUV 11CnV@ff JUV% .(714)03-2110 August 12, 1975 Mr. W. J. Kenney, Deputy District Director - R(N State of California - Department of Transportation District 7 P.O. Box 2304 Los Angeles, California 90054 Dear Mr. Kenney: The City Council on August 11,.1975,` reviewed your letter and attached maps showing the parcels of property for resale_ First, let me say that the City Council appreciates the excellent co- operation from your Department and, specifically, the opportunity to comment on these parcels. The City Council has no objections or reservations on the sale of the following parcels. -- 41386, 47403, 41350, 41348, 45478, 46971, 48298, 43012, 412449 412502 43669, 45674,41245 and 41338. The City believes that some par- cels should be retained for a short period of time to permit ad- dit:ional study. These parcels are: -- 1.: B -7069, A- 8138, and should be retained until ade- quate width on the Coast Highway is determined. 2. Parcels 40538, 57768, and 41241 to permit study to determine their desirability for City parking lot acquisition. 3. Parcel 43672 and Parcel 49369 to permit a study to determine the necessity of an improved roadway through the 5th Avenue Corridor in Corona del Mir. If you have any questions with respect to this, please feel free to contact me. Again, the City appreciates the opportunity to com- ment on these surplus lands_ Sincerely, ROBERT L. WYNN City Manager RLW: mm S Y STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governer DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051 0 STUDY SESSION NO. 3(b) 1. August 8, 1975 Ora -1 Excess Property Mr. Robert L. Wynn City Manager City of Newport Beach 3300 We Newport Boulevard Newport Beach, CA 92663 Dear Mr. Wynn: 94- E`® G As you are aware, the State Department of Transportation is actively following a program of disposing of surplus right of way along the deleted Route 1 Freeway route in the City of Newport Beach. On the portion westerly of Newport Boulevard there are a number of highway planning questions regarding the future alignments of Pacific. Coast Highway, Superior Avenue, and the northerly ex- tension of Balboa Boulevard, Before we proceed further with plans to dispose of the surplus right of way in this area it is requested that the City of Newport Beach de- velop a precise alignment for the location of the arterial streets affecting the State -owned parcels. A precise plan at this time would facilitate both the State's program to dispose of excess right of way and the City's ability to develop the arterial streets in West Newport. If you have any questions, we would be happy to discuss this matter further with you or your staff. Sincerely, � G i, w- F. PO Acting District Director rI 7 and G. Brown, Jr., Governor STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY by YAM= DEPARTMENT OF TRANSPORTATION DISTRICT 77,, P.O. BOX 4304, LOS ANNJGELELES� 90054 Zme-July 7, 1975 STUDY SESSION NO. 6_ #�i �t R/W -Ora -1 71 � y�6� ` /X/l�J✓ By ( jy QF pdroWP ISR REACH �y Mr. Robert L. Wynn, City City of Newport Beach 3300 W. Newport Boulevard Newport Beach, California Dear Bob: Manager 92660 07- Excess Land orcri o� C l 4 5� Nf,Y. •; �. pc G'1(IF.17GCII G Attached are copies of maps upon which we have delineated State - owned properties acquired for the now deleted Coast Freeway in Newport Beach. We have outlined in various.colors those properties which we determined at our meeting on July 3, 1975, would not be needed for any transportation facility and therefore could be sold as excess land. It is understood, of course, that appropriate reservations as determined by the City, County and State will be made from Parcels 46971, 41241, 41338 and 41338 -A to accommodate the future widening of existing Pacific Coast Highway. Please confirm at the earliest possible date that the City is agreeable to the release of these properties. Very trul yours, . J. NNEY Deputy District Director - R/W i w ;• fv r ae Q,AtQ t?A 79 qwO j't -,�^� "ter Ir"�• { li•'� f� +4 � --a •. my 1 G"` � �1� , � � k it ,b �'•. � a r � � � b Jam`•'• q'.` - 1 ,11_ N . R d c•s: t, 1 1 .Z kF ,,,... -� liJ�N3 ,u... ��'' ..y-:'• � S �% .tap7 J. �. y..• ..�,4,r �•.,1 + ~ :� 1 +. .f� k .• ��'J�.I ?': 'c. `/, J - 'j' a ,�`v '� . rY !,• / r .a le .. .�� -,,.r" .* _ '�� . � �.,y�� #. , ^'dtxr. ,ti�x� - .� � �('r .. '4, � /,pt�� �. 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R �.• L � yi' '�Ti � ;r ]� j( � h "�'l• -' � f � 1i �1 r. �•.. / TUJr /y cr elf N It � r h j 1^ iy } "^' w, « 46•fNllf d a 'i ✓! 3 1 :� ' 3.. _. _ _ .: �+'s,,: r.. g.� � v f a / � f I + -ter ! I % •-� ! , W t �,•.rr - -� e I a j� ` ! '.___r -» �._,''^i,�•-- •_..:.. 'fit /a0 Cn J �r•.�����a9 ! �.a '<`..i,4... u?.' � �� +d if6 �(��p,[:_d _�f r1 � lz 3L IN It k4lr�! ­ 00 It -7 4L 411� YXI .14 7, . It It IiA it kt. x jh 1k, 00/ ' R ?7440 a d"'Cx F ` B 2 4 1975 By the CG i r COUNCIL CITY OF NAWFQRT BEACH • • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER February 24, 1975 STUDY SESSION N0: 5 COUNCIL AGENDA NO. G -2 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: ACQUISITION OF STATE RIGHT OF WAY PROPERTY - CORONA DEL MAR Since the passage of AB 431 in 1974, the City has held numerous negotiating sessions with representatives of the State Division of Highways for City acquisition of certain parcels. The City has concluded negotiations on four parcels and leased a fifth parcel. The two parcels in Corona del Mar, adjacent to Marguerite, are now ready for presentation to the Council and a decision as to whether the City should acquire these parcels. The negotiated terms for these two parcels are as follows: 1. Total cost - $450,000 2. Remittance of $5,000 at the time the agreement is executed. 3. Execution of a Deed of Trust requiring payment of $100,000 on July 1, 1975 $200,000 on June 1, 1976; and $145,000 on June 1, 1977 4. 7% simple interest will be charged by the state on the sums of money named in the Deed of Trust. Attached members of the Council will find a copy of the letter from the California State Department of Transportation. During the negotiating sessions a number of items were reviewed such as appraisals, original acquisition price, and characteristics of the land. Some of these items which are of interest and have a bearing on the proposed City acquisition are as follows: -- The property was acquired in 1966 by the state for $380,753. 2. The State Division of Highways appraised the property in 1972, assuming an R -2 zone designation and including all improvements for $774,505. Page -2- • 0 The. state obtained another appraisal in 1974, assuming an R -1 zone designation and exclusive of all improve- ments for $553,800. The City obtained an appraisal in 1974, assuming an R -1 designation and excluding all improvements for range of $370,000 to $445,000. The state conducted a third appraisal in 1975, assuming an R -1 zone designation and excluding all improvements for $493,000. 6. The parcel presently contains a nursery school composed of two Class "D" classroom buildings and an office build- ing, having over 5,000 sq. ft., a playground area, an access road and parking facility in the front, and walk- ways with canopies. These improvements carred a replace- ment cost in 1974 dollars" of $272,140. Attached members of the City Council will find the state evaluation on these improvements. 7. The one parcel is currently encumbered with a lease ef- fective until July 31, 1975. The lease accommodates a day school with the rental payments being $907.77 per month. 8. If the City acquires the parcels, the City would assume all assets and liabilities, including a) receipt of the monthly payments; b) possible relocation payments, if the lease is terminated. The two parcels contain• 230,889 sq. ft., or approximate- ly 5.3 acres. During the Council meeting of February 10th the City Council decided to utilize $100,000 of this year's allocation under the Community Development Act of 1974 to acquire these parcels. This money should be available to the City during the month of June, 1975 to enable the City to meet the July 1st payment requirement. Next year the City should receive approximately $236,000 under this Act, of which $200,000 can be used to meet the required payment on July 1, 1976. During the third year the City will receive approximately $354,000, of which $145,000 will be available to meet the required payment on June lst of 1977. It, therefore, appears that if the City's application is accepted that these parcels can be acquired by utilizing funds being made available to the City from the Community Development Act of 1974. It should be pointed out to the City Council, however, that there is always the chance that the City's application will be rejected. by the regional and federal reviewing agencies. We believe that the project qualifies. How- ever, because it is a new program and room for interpretations exist, there is always the possibility of rejection or modification by federal authorities. In this event, the City should be prepared to acquire the property from some 0 Page -3- • other source of funds. If the Community Development Act funds were secure this requirement would not be necessary. The City, in 1975 -76, will receive approximately $275,000 from General Revenue Sharing Funds. Of these funds, approximately $70,000 are committed to other projects, leaving a balance of $205,000 that could be earmarked for this acquisition if the Community Development Act funds are not available. The City will receive a like amount in the following year that is currently uncommitted. If the City Council approves of the purchase agreement, an amount equal to the purchase price should be reserved until it is assured that Community Development Act funds can be applied to this project. This may be known prior to July 1st of 1975. RLW:mm Attachments i R ERT�. �N G L 0 EDMUND GROWN, JR., GOVERNOR STATE OF .CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY RQWVX6UAQM Go.. DEPARTMENT OF TRANSPORTATION DISTRICT 7. P.O. BOX 23014, LOS ANGELES 90051 February 11, 1975 07-Ora-1 Parcel No. 04133FrQF04C11 City of Newport Beach 330 Newport Boulevard Newport Beach, California 92660 Attn: Mr. Robert J. Wynn City Manager Gentlemen: The Department of Transportation hereby offers to sell the above - referenced property to the City of Newport Beach for the appraised value of $450,000.00. The following portion of this letter when the duplicate copy is executed and returned by you with a Resolution from the City Council will constitute the agreement for the purchase. This Resolution must indicate that this property will be purchased for public purposes. The description of the public use must be specified in said Resolution. In the absence of the foregoing Resolution a clause will be added to the Director's Deed restricting the property to a public use. This transaction will not be processed for the California Highway Commission approval until the duplicate copy of this letter is fully executed and returned with above Resolution. The City of Newport Beach, hereinafter known as purchaser, offers to purchase from the California Department of Transportation that certain property referred to above and depicted on the attached map for the State's appraised value of $450,000.004 The City will make payment in the following manner :* 1. Remit $5,000.00 at the time this agreement is executed and returned to the Department of Transportation. 2. Execute a Deed of Trust naming the State of California as beneficiary with payments, including interest of seven percent (7%), of $100,000.00 due July 1, 1975. $200,000.00 due June 1, 1976. The remaining balance due June 11 1977. Please indicate exactly how title is to be vested: City of Newport Beach, a municipal corporation *Subject to the terms and conditions as contained in Resolution No. City of Newport Beach -2- February 11, 1975 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 further understood that the purchaser shall not have use of the property until a Director's Deed has been recorded. Purchaser is aware the property is leased to Joseph A. Muslin for $907.77 per month. Said lease will expire July 31, 1975 and purchaser agrees to take title subject to the provisions of the lease. All rents will be prorated as of the date of the recording of the Director's Deed or July 1, 1975, whichever date is later. The purchaser agrees to the above terms and conditions of sale. Place of execution Date of execution By: CITY OF NEWPORT BEACH Authorized Url'lcer wno has the authority to commit the City of Newport Beach to the acquisition of this property. The terms and conditions of the above offer are hereby accepted subject to the approval of the California Highway Commission. vL: For tment7/Transpor W. KE Y �� Deputy District Director Right of Way 0 Us,,,", „u ,rasp 11111%)l ilia Memorandum W. A. ROUTERY Dore: July 19, 1974 Chief, R/W Branch "B" File : 07- Ora -1 Attn: Ronald Herdman /E. Kabler Parcel No. 41339 Senior PA Agent Newport Beach 07426 911037 LLOYD D. EMMERT, Senior R/W Agent From : DEPARTMENT OF TRANSPORTATION 07 - Building Cost Estimating Section Subject: RCN Values of Improvements & Subdivision Study of Parcel 41339 Located in Newport Beach The parcel presently contains a nursery school composed of two Class "D" classroom buildings and an office building, a play- ground area, an access road and parking facilities in the front, and walkways with canopies. The estimated RCN costs are as follows: Classroom & Office Buildings General Work $1820900.00 Mechanical Work 33,700,00 Electrical Work 14,000.00 Estimated Construction Cost $230,600.00 Yard Improvements Landscape & Irrigation $ 4,600.00 A.C. Paving 2,500.00 Concrete Walks, etc. 3,500.00 Planters (Brick) 910.00 Fencing & Gates - Chain Link 70.00 W.I. Fence 60.00 Flag Pole & Concrete Base `00.00 Playground Equipment 2,400.00 Site Preparation & Grading 7,500,00 Estimated Construction Cost of Yard Improvements 23,740.00 Total Estimated Construction Cost $254,340.00 Architect Fees 17,800.00 Total Estimated RCN of Improvements $272,140.00 No improvements for Parcel 41339A has been considered,. i . 7. 1. D13M COUNTY I RTE. I P.M. Q/339) ;Vp- CH I Being Conveyed �2 STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION - DISTRICT 07 PLAT ACCOMPANY /NO SCALE NO SCALE DIRECTORS DEED DD 041339 -0/-0/ DRW?G/.P. CHIV- 0. DATES-/7- 74 REF MAP: f- /708 -/ • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY Q. OF NEWPORT BEACH ACCEPTING THE OFFER BY THE STATE DEPARTMENT OF TRANSPORTATION TO SELL CERTAIN STATE -OWNED PROPERTY TO THE CITY OF tl ?4 1975 NEWPORT 'BEACH AND AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT THE GRANT DEED FOR SAID By the CITY COUrv�iL PROPERTY AND FURTHER AUTHORIZING THE MAYOR CITY OF NEWPORT BEACKND CITY . CLERK TO EXECUTE A DEED OF TRUST FOR THE BALANCE OF THE PURCHASE PRICE (PARCEL NO. 041339- 01 -01, CORONA DEL MAR) WHEREAS, the California Department of Transportation by letter dated February 11, 1975, has offered to sell certain State -owned real property to the City of Newport Beach for the appraised value of Four Hundred and Fifty Thousand Dollars ($450,000.00); and WHEREAS, said property is located in Corona del Mar adjacent to Marguerite and is generally described as Department of Transportation Parcel No. 041339- 01 -01; and WHEREAS, the terms of the said provide that the City will remit Five Thousand Dollars ($5,000.00) at the time the a , C1 -z letter agreement is executed and returned to the Department of Transportation and that the City of Newport Beach will execute a Deed of Trust naming the State of California as bene- ficiary with payments, including simple interest of seven percent (78) to be made as follows: $100,000.00 on July 1, 1975 $200,000.00 on June 1, 1976 and $145,000.00 on June 1, 1977 WHEREAS, the City Council by this Resolution wishes to provide that the remittance of Five Thousand Dollars ($5,000.00) payable upon execution of the letter agreement will constitute an irrevokable option to purchase said Parcel No. 041339 -01 -01 which may be exercised on or before July 1, 1975. Should said option be exercised said Five Thousand Dollars ($5,000.00) will D said letter agreement dated February 11, 1975 will become null I and void and said Five Thousand Dollars ($5,000.00) will be forfeited and accordingly will be retained by the Department of Transportation; WHEREAS, the City Council believes that it is in the best interests of the City to enter into said option purchase agreement for said Parcel No. 041339- 01 -01, which will be used by the general public specifically for parks, recreation and open space; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby accepts the offer of the State Department of Transportation to sell Parcel No. 041339 -01 -01 to the City of Newport Beach upon the terms and conditions as set forth in the letter agreement from the Department of Trans- portation dated February 11, 1975, and by this Resolution which by this reference is made a part of and is hereby incorporated into said letter agreement; BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to sign a duplicate copy of said letter agreement and attach thereto a copy of this Resolution, which shall constitute the acceptance by the City of the State's offer to sell said Parcel No. 041339 -01 -01 for the appraised value of Four Hundred and Fifty Thousand Dollars ($450,000.00) subject to the terms as set forth in said letter agreement and this Resolution. The Mayor and City Clerk are authorized. to accept a Grant Deed from the State for said property; BE IT FURTHER RESOLVED that should the 'City exercise its option to purchase said property, the Mayor and City Clerk are authorized to execute a Deed of Trust naming the State of California as beneficiary with payments, including interest of seven percent (7%), of One Hundred Thousand Dollars ($100,000.00) due July 1, 1975, Two Hundred Thousand Dollars ($200,000.00) due June 1, 1976, and the remaining balance due June 1, 1977. ADOPTED this 24th day of Februa Mayor ATTEST: City Clerk , 1975 DDO /bc 2/19/75 a Y3 Yo NOV 11 1974 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER November 11, 1974 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: LEASE OF P.E. RIGHT OF WAY PROPERTY STUDY SESSION 9 On February 22, 1973, Assemblyman Robert E. Badham intro - ducted AB 431 requiring the State of California to sell to the City of Newport Beach the following parcels of property originally acquired for the Pacific Coast Freeway. -- 1. The Church site on Cliff Drive containing 78,000 sq. ft. 2. Two parcels on Kings Road containing 17,370 sq. ft. 3. A triangular parcel in Newport Shores containing 8,889 sq. ft. 4. Two parcels formerly owned by the Pacific Electric Rail- road containing 493,535 sq. ft. 5. Two parcels in Corona del Mar containing 230,889 sq. ft. 6. One parcel on Pacific Coast Highway, formerly owned by Mr. Cagney on which the Coast Highway parking lot is located. The City has concluded negotiations for the first three parcels above and expects the deed from the State momentarily. The negotiations are nearly complete for Parcel No. 5 above (Corona del Mar property) and upon completion of the City's appraisal (November 20, 1974) these negotia- tions will be completed. In the meantime, the City and the State have concluded negotia- tions for the former Pacific Electric Right of way property. Enclosed members of the Council will find a copy of a proposed lease between the City and the State for these parcels. The State has agreed to lease the parcels to the City until the Corridor Study determines the ultimate width of right of way needed for the Pacific Coast Highway. When this determination is made the State will sell those portions of the parcels excess to PCH right of way needs. The subject lease provides for the following: 1. A lease for a term of ten years, or completion of the Transportation Corridor Study, whichever is earlier. Page -2- 2. The lease payments will be $100.00 per month. 3. The property may be used for park, recreation, and related purposes. 4. Mechanics for acquisition or releasing of the property following the conclusion of the Transportation Corridor Study. 5. The City shall provide for all maintenance, liability insurance, etc. 6. The City will be required to submit development plans to the State for review and approval. The subject lease for the P.E. Right of way is now ready for formal review, modification, rejection, or approval the City Council. a RLW:mm ROBERT L. WYNN • 07- Ora -1- 1 Parcels B 9 U -1, U -2 & A8188 Account 0027069- 001 -01 S/S Seashore Drive between 54th Street and Summit Street, City of Newport Beach H. P. R. F. L E A S E THIS LEASE, made this day of , l9 , at California, by and between the State of California, Department of Transportation, Lessor, and CITY OF NEWPORT BEACH, Lessee, of 3300 Newport Beach Boulevard, Newport Beach, California. W I T N E S S E T H That the Lessor, in consideration of the payment of the rent hereinafter specified to be paid by the Lessee, and the covenants and agreements herein contained, does hereby lease, demise and let unto Lessee that certain property in the County of Orange, State of California, said land or interests as outlined in yellow on the maps attached hereto and made a part hereof, including improve- ments, if any, for the term of ten (10) years, or completion of Transportation Corridor Study, whichever is earlier, commencing on the lst day of November, 1974, and ending on the 31st day of October, 1984, with the right of cancellation and termination in both Lessor and Lessee as hereinafter set forth, at the total rental of $12,000.00, payable to the "Department of Transportation ", in lawful money of the United States, in monthly installments of $100.00, in advance, on the 1st day of each and every month thereafter; excepting that receipt is hereby acknowledged by Page 1 the Lessor of the • of $200.00 from the Lessee, in payment for the first and last months' rental under this lease. All rental payments shall be delivered to the office of Department of Trans- portation (Office of Right of Way), at 120 South Spring Street, Los Angeles, California, 90012. The herein described property is not, at this date, being used for State highway purposes within the meaning of Section 104.6, Streets and Highways Code. Lessee hereby covenants and agrees as follows: 1. To use the property for the following purposes only: Park, Recreation and related facilities. 2. To pay Lessor said rent as hereinabove provided, and in addition thereto, to pay, when due, all water, electric, gas and other lighting, heating and power rents and charges accruing or payable in connection with said property during the term of this Lease; and to permit Lessor or its agents to enter said property at any reasonable time to inspect the same. 3. Not to commit, suffer or permit any waste on said property, and not to use or permit the use of said property for any illegal or immoral purposes. Lessee further agrees to comply with all State laws and local ordinances concerning said property and the use thereof. 4. After the Transportation Corridor Study is completed and the future right -of -way line delineated, this lease shall be subject to cancellation and termination by either party by giving the other party notice in writing at least 180 days next prior to the date when such termination shall become effective. In the Page 2 event of such term9ation, any unearned rentalopaid by the Lessee shall be returned to the Lessee. In the event of termination under this section, the City shall have the option to: (a) Enter into a new lease with the State for those portions of the property designated as being within the new right of way line of Pacific Coast Highway established by the Transporta- tion Corridor Study at $100.00 per month. (b) Enter into negotiations to purchase those portions of the property designated as being outside of the new right of way at a price acceptable to both parties. Once valuation has been established, the City will deposit $1,000.00 which will be applied to purchase price if Option to Purchase is exercised. City will exercise Option within 180 days or if bond election is necessary, City will, in all good faith, set election at earliest feasible date and exercise Option to Purchase within 90 days after election if election is successful. If City fails to exercise Option, the $1,000,00 will be retained by State. 5. All notices herein provided to be given, or which may be given, by either party to the other shall be deemed to have been fully given when served personally on Lessor or Lessee, or when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed as follows: To the Lessee at address above stated and to Lessor, c/o Department of Transportation, at 120 South Spring Street, Los Angeles, California, 90012. The address to which the notices shall or may be mailed as aforesaid to either party shall or may be changed by written notice given by such party to the other, as hereinbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal service. Page 3 6. Not to ae gn or sublet this Lease, *d not to make or suffer any alteration to be made in or on said property, without the written consent of the Lessor. .7. It is specifically agreed and understood that Lessee shall not call on Lessor to make any improvements or repairs on said property of any nature whatsoever, but Lessee hereby specifi- cally covenants and agrees to keep the same in good order and condition at his own cost and expense. S. Lessor, its assigns or successors in interest, shall not be liable for taxes or assessments of any nature whatsoever on the leased property. 9. To pay Lessor all costs and expenses, including attorney's fees in a reasonable sum, in any action brought by Lessor to recover any rent due and unpaid hereunder, or for the breach of the covenants or agreements contained in this Lease, or to recover possession of said property, whether such action progresses to judgment or not. 10. If any rent shall be due and unpaid, or if default shall be made in any of the covenants or agreements on the part of the Lessee contained in this Lease, Lessor may, at its option, at any time after such default or breach, and without any demand on or notice to Lessee or to any other person, of any kind what- soever, reenter and take possession of said property and remove all persons therefrom, and Lessee waives any legal remedy to defeat Lessor's rights and possessions hereunder. 11. At the expiration of said term, or any sooner termina- tion of this Lease, to quit and surrender possession of said property and its appurtenances, to Lessor in as good order and Page 4 condition as the •operty was delivered to &e undersigned Lessee, reasonable wear and tear and demage by the elements and other Casualties-excepted. In the event this lease is terminated or at the expiration of the period of this lease, Lessee agrees to remove all improvements except landscaping within the leased premises at its sole expense within 60 days after the termination of this lease. If Lessee fails to remove all improvements, Lessor may remove such improvements at the expense of Lessee and bring an action for recovery of such costs, together with all expenses and attorney's fees incurred by reason of said action. 12. Lessor will not keep said property insured against fire or any other insurable risk, and Lessee will make no claim of'any nature against Lessor by reason of any damage to said property in the event same is damaged or destroyed by fire or bey" any other cause. 13. In the event there is any prior existing lease or rental-agreement between Lessee and State (or its predecessor In interest) covering the subject property, it is agreed and understood eaat this Lease shall cancel and terminate said prior lease or rental agreement as of the effective date of this Lease.. 'Anything herein contained to the contrary notwithstanding, this Lease maybe terminated, and the provisions of this Lease. may Le, in u-riting, altered, changed or amended by mutual consent of the parties hereto. Page 5 14. Leslie recognizes and undersAds in accepting this Lease that his interest therein may be subject to a possible possessory interest tax that'the city or county may impose on such interest, and that such tax payment shall not reduce any rent due the State hereunder and any such tax shall be the liability of and be paid by the Lessee. 15. This Lease is made upon the express condition that the State of California, its officers, agents and employees are to be free from all liability and claim for damage by reason of any injury to any person or persons, including Lessee, or property of any kind whatsoever and to whomsoever belonging, including Lessee, from any cause or causes whatsoever while in, upon, or in any way Connected with the said demised premises or the sidewalks adjacent thereto during the term of this Lease or any extension hereof or any occupancy hereunder, Lessee hereby covenanting and agreeing to indemnify and save harmless the State of California, its officers, agents and employees from all liability, loss, cost and . obligations on account of or arising out of any such injuries or losses however occurring. 16: Lessee shall, at his own expense, take out and keep in forca during the within..tenancy, public liability insurance and property damage insurance in a company or companies to be approved by the Lessor, to protect the -State of California, its officers, agents, and employees, as a named additional insured, against any liability to the public incident to the use of and resulting from injury to, or death of, any person or persons or property damage, Page 6 Including parked Akicles, occurring in, oraout the demised premises,' in the amount of not less than $2,000,000, to in- demnify against the claim of one or more persons resulting from any one accident. Said policies shall inure to the contingent liabilities, if any, of the Lessor, and the officers, agents, and employees of Lessor and shall obligate the insurance carriers to notify Lessor, in writing, not less,than fifteen (15) days prior to the cancellation thereof, or any other change affecting the coverage of the policies. If said policies contain any exclusion aacerning property in the care, custody or control of the insured, an endorsement shall be attached thereto stating that such ex— elusion shall not apply with regard to any liability of the State of California, its officers, agents, or employees. Lessee shall furnish to Lessor a certified copy of each and every such policy stithin not more than ten (10) days after the effective date of the policy. Lessee agrees -that, if Lessee does not — keep -such insurance in full force and effect, Lessor may take out-insurance and Zay the premiums thereon, and the repayment thereof shall be ,deemed to be additional rental and payable as such on the-next - lay -upon which rent becomes due hereunder. 17. The Lessee, for himself, his personal representatives, successors in interest,.and assigns, as a part of_the_consideration bereof, does hereby covenant and agree, as a covenant running with the lard, that (1).no person, on the ground of race, color, or national origin shall be excluded from participation in, be denied' the benefits of, or be othen-?ise subjected to discrzminatien in the use of said facilities, (2) that in ccrnection with the construction of any improvementa on said lands and the furnishing of services Page 7 thereon, no discrimPation shall be practiced 9 the selection of employees and contractors, by contractors, in the selection and retention of first -tier subcontractors, and by first -tier sub- contractors, in the selection and retention of second -tier sub- contractors (3) that such discrimination shall not be practiced against the public in their access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation, and vehicle servicing) constructed or operated on, over, or under the space of the right of way, and (4) that the Lessee shall use the premises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A, Office of the Secretary of Commerce, Part 8 (15 C.F.R., Part 8) and as said Regulations may be amended. 18. It is understood and agreed by the parties to this Lease that the property herein is not a historic site of National, State or local significance. 19. It is understood and agreed by the parties to this Lease that Lessee will not resist termination of this Lease as set forth in Paragraph 4 hereinabove, and it is further understood that the obligations and responsibilities under this Lease shall not be impaired or altered in the event of future statuatory change. In the event of intervention by any person, entity or entities, on behalf of the Lessee herein, Lessee will assist Lessor in securing prompt termination of this Lease. Page 8 20. Lessee will submit development plans to Lessor for approval and will not proceed with the development until approval has been received from Lessor. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this Lease first above written. CITY OF NEWPORT BEACH M STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 1 (If Tenant is a corporation, the following certificate shall be executed by the Secretary, assistant secretary or any official of the corporation other than persons signing on behalf of the corporation.) I, ,certify that I am the Secretary of the corporation named as Tenant in the attached Lease; that who signed said Lease on behalf of the Tenant, was then of said corporation, that said Lease was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. 7 -eAR -649 A UGT 66 (Corporate (Seal; MM:hh Page 9 NOV 11 1974 RESOLUTION NO. 8380 9y ?`a C? ;ry 4?ff krcwkw -pT p,� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE STATE OF CALIFORNIA, DEPART- MENT OF TRANSPORTATION, FOR TWO PARCELS LOCATED IN WEST NEWPORT, FORMERLY OWNED BY THE PACIFIC ELECTRIC RAILROAD WHEREAS, by Resolution No. 8346, the City Staff was authorized in conjunction with the State Department of Transportation to prepare the necessary documents for the lease of Parcel Nos. A8188 and B7069, formerly known as the Pacific Electric right -of -way; and WHEREAS, the Staff and the State have concluded negotia- tions and have drafted a Lease Agreement for the subject property, which is to be used for park, recreation, and related purposes; and WHEREAS, the City Council has reviewed the terms and condi- tions of said Lease Agreement and have found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of-Newport Beach hereby authorizes the Mayor and City Clerk to execute a Lease Agreement between the City of Newport Beach and the State of California, Department of Transportation, for Parcel Nos. A8188 and B7069 located in West Newport, formerly owned by the Pacific Electric Railroad. ADOPTED this 11th day of November , 1974. ATTEST: Mayor City Clerk DDO:kb 11 -5 -74 • 0 i s August 27, 1974 Mr. Harry L. ;Cagan, Chief, Office of Right of !gay State of California Department of Transportation Transportation Bldg. 1120 N Street Sacramento, California 95814 Dear Harry: On August 26th the City Council reviewed the proposal. to acquire the excess right of ways (former Badham Bill lands) pursuant to our discus- sions. By unanimous vote the Council agreed to accept the State's offer or proposal. Attached you will find: I. Copy of my report to City Council covering the subject parcels. 2. Copy of the resolution authorizing the Playor to sign the letter of offer dated August 9, 1974, covering the four parcels. 3. Copy of the resolution showing intent to purchase the Corona del Mar lot and to lease the PE right -of -way and the Cagney property. The subject resolutions will also be submitted to your Los Angeles office, and it is my understanding that all that needs to be done now is the preparation and execution of necessary lease and transfer documents. It is my understanding that your Los Angeles office will do this and we will be in touch with them. As soon as the proper documents are executed we will write a letter to Assemblyman Badham officially requesting, if it is necessary, that the phrase "original acquisition price" be removed from the statutes. This may be unnecessary inasmuch as Sadham's trailer bill has been modified, but the ultimate fate of that bill is uncertain at this time. The City Council specifically directed me to express appreciation to you for your role in negotiating this difficult issue. The Mayor even in- dicated that he "owed you a drink." Of course, I want to add my apprecia- tion for your perseverance and patience in this matter. If you have any questions, please give me a call. Sincerely, ROBERT L. WYIN City Manager ",ttachmen is / • RESOLUTION NO. 8346 A RESOLUTION OF THE CITY COUNCIL OF THE C : -Y' All 1974 OF NEWPORT BEACH AUTHORIZING THE CITY ST:- 2� TO PREPARE THE NECESSARY LEASE AND OPTION AGP.EEMENTS RELATING TO CERTAIN STATE -OWLIT -__ By fhe CITY COUNCIL EXCESS FREEWAY RIGHT -OF -WAY CITY OF MraWPQAT YGACH WHEREAS, the State Department of Transportation has offered to lease certain State -owned excess freeway right -of -way to the City of Newport Beach pending the completion of the Q orange County Coastal Corridor Study; and Or WHEREAS, said property is described as the Pacific Electric right -of -way, Parcel Nos. A8188 and B7069, to be for the sum of $100.00 per month and the Cagney proper t Parcel` No. C6741, to be leased for the sum of $50.00 per month; and ✓ G WHEREAS, the State Department of Transportation has J f` offered to grant a six months' option to purchase certain State- owned excess freeway right -of -way located in Corona del Mar, described as Parcel No. 41339 for a sale price of y553,800; 300% or $166,140 down at the time of exercise of the option, the balance of $387,660 secured by a ten -year note at 7/ simple interest; and WHEREAS, the City Council finds and determines that it would be in the best interests of the City to enter into the leases for the excess State -owned freeway right -of -way described herein- above and to enter into an option agreement for the purchase of the excess State -owned freeway right -of -way located in Corona del Mar as described hereinabove. NOW, THEREFORE, BE I'T RESOLVED that the City staff be authorized in conjunction with the Department of Transportation's staff to prepare the necessary lease documents and option agreement incorporating the terms and conditions as set forth hereinabove for submission to and final approval by the City Council. ATTEST: City Clerk ADOPTED this 26th day of August, 1974. Mayor DDO/bc 8/26/74 !;UG 2 6 1974 By 4he CITY COUNCIL CITY OF NPWO -04T BEACH 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER August 26, 1974 STUDY SESSION N0..& T - TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: ACQUISITION OF STATE RIGHT OF WAY PROPERTY Mayor McInnis and I have held a number of meetings with the State Division of Transportation concerning the acquisition by Newport Beach of those properties listed in Assemblyman Badham's Bill AB 431. Four parcels are now offered to the City for sale for $601,600. The PE right -of -way properties will be offered to the City for lease at $100 per month as soon as the lease can be prepared. The parcel in Corona del Mar will be offered to the City for $553,800 with terms at 7% simple interest. Attached members of the City Council will find data sheet listing those parcels on which a firm commitment has been received and those parcels on which an informal offer has been received. This data sheet can be reviewed in greater detail during the study session. The City __reeeived the necessary documents for the acquisition of four parcels lir s a `.tom a :-6n Kings Rodd,`,the Church site property on Cliff Drive, and a triangle parcel in Newport Shores. Attached you will find copies of plot maps showing these parcels. The State's final negotiated offer is not quite $20,000 more than the original acquisition cost paid by the State. Sale will be made to the City with_$436,000 down and a five year secured note at 7% simple interest. $200,000 of this amount can come from the County Revenue Sharing account if consumated prior- to January 1, 1975. If the City desires to acquire these parcels, all will be sold unconditionally with only nominal restrictions placed upon its use or disposal. RLW:mm Attachments C OBER I 'WYN 0 • I. PARCELS ON WHICH A FIRM-COMMITMENT HAS BEEN RECEIVED A. Sale $571,000 TOTALS - $581,699 $626,000 $601,690 B. Lease Parcel Date Parcel Date Acquisition City Sale Identity Size No. Acquired Price Appraisal Price P.E.R. $375,000(1) Church 78,000 sq.ft. 40468 6 -22 -65 $425,542 410,000. $436,600 of W. 65,000 7 -5 -63 Kings Rd. 9,470 sq.ft. 41246 1 -15 -69 36,277 72,000 55,000 58,000 Kings Rd. 7,900 sq.ft. 41356 7- 1.0 -70 49,606 65,000 55,000 73,000 Npt.Shores 8,889 sq.ft. 57847 11 -10 -69 70,274 79,000 55,000 $571,000 TOTALS - $581,699 $626,000 $601,690 B. Lease TOTALS - $100/Mo. C. Terms I. Cash for the church site ($436,600) and a five year note on the re- maining three parcels ($165,000) at 7% Simple Interest. (Badham Bill Sale will require all cash.) 2. Clean Sale or transfer with no conditions. (The Badham Bill Sale will contain reversionary clauses.) 3. Immediate Sale. (Badham Bill Sale will not be approved without a court suit.) 4. State will probably waive but all late negotiations assumed City will amend the Badham Bill to delete the term "Acquisition Price" and insert "Market Value." (1) Value did not include church building. Parcel Date Acquisition City Lease Identity Size No. Acquired Price Appraisal Price P.E.R. of W. 442,570 sq.ft. A8188 7 -5 -63 $1,527,501 N.A. $50/Mo. P.E.R. of W. 50,965 sq.ft. 670669 7 -5 -63 268,167 N.A. $50 /Mo. TOTALS - $100/Mo. C. Terms I. Cash for the church site ($436,600) and a five year note on the re- maining three parcels ($165,000) at 7% Simple Interest. (Badham Bill Sale will require all cash.) 2. Clean Sale or transfer with no conditions. (The Badham Bill Sale will contain reversionary clauses.) 3. Immediate Sale. (Badham Bill Sale will not be approved without a court suit.) 4. State will probably waive but all late negotiations assumed City will amend the Badham Bill to delete the term "Acquisition Price" and insert "Market Value." (1) Value did not include church building. z- • • II. PARCELS ON WHICH INFORMAL OFFER HAS BEEN RECEIVED A. Sale Parcel Date Acquisition State Sale Identity Size No. Acquired Price Appraisal Price C.D.M. 230,889 sq.ft. 41339 3 -25 -66 $380,753 $774,505 $553,800 B. Terms 1. 30% down ($160,140) and a ten year note ($387,660) at 7% simple interest. (Badham Bill Sale will require all cash.) 2. Clean Sale or transfer with no conditions. (Badham Bill Sale will contain severe restrictions and /or reversionary clauses.) 3. Six to eight months option period with immediate sale when acceptable to the City. 1. T 777 N . . . . . . . . . . . QNII jays J. 7 Qz NN F 17 Kzl N14V i -N4 N, j. os/ f , u -_ 0i ti r j 16..: ya .1 . AV le 4 �F• �`ff ry 'I° � + b�::h I Ali' i � ;^� °. \\ .!o'� T) _ :.i ;w �+� ' , 1 N1: ni: -!r ' 11 -o �� h' h•!\c _ M; ' .fin n'I� •N - ��`r �•i`_n (�i _'_..n_ ^- `_'___ .( _ ••:� - —� � m n , v mho- -'_ =` _` . Y \1 •- /,�`\ �� �� ' ^.n�..•yn__' to l _ `y` � -� J _. ... •ice •1~ \,•4 '' �?-u. �, ' Y ko ji I I � ' a � `l ot 1 O L7A109 ti O fir. I ot 1 O 1 �', ti O fir. I ot 1S H109 or -�4 Gill/ 0 1 O 1 �', ti O 1S H109 or -�4 Gill/ 0 O ti O t •STATE OF CAi1FORNIA —BUSINESS AND TRANS. ATION AGENCY RONALD REAOAN, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304, .LOS ANGELES 90054 ., f>: August 9, 1974 07 -0ra -1 Parcels 57847, 40468; 41245, and 41356 City of Newport Beach 330 Newport Boulevard Newport Beach, California 92660 Attn: Mr. Robert L. Wynn City Manager Gentlemen: The Department of Transportation hereby offers to sell the above - referenced property to the City of Newport Beach for the appraised value of $601,600.00. The following portion of this letter w .en the duplicate copy is executed and returned by you with a Resolution from the City Council will constitute the agreement for the purchase, T1is Resolution must indicate that this property will be purchased for public purposes. The description of the public use must be apecified in said Resolution. In the absence of the foregoing Resolution a clause will be added to the Director's Deed restricting the property to a public use. This transaction will not be processed for the California Highway Commission approval until the duplicate copy of this letter is fully executed and returned with above Resolution. The City of Newport Beach hereinafter known as purchaser, offers to purchase from the California Department of.Transoortation that certain property referred to above for the State's appraised value of $601,600.00. The amount of $436,600.00 will be paid by the City to the State upon demand. The balance of $165,000,00 will be subject to a Trust Deed and Note to be executed by the City covering, payments of principle and interest at 7% per annum for a period of 5 years, Please indicate exactly how title is to be vested: City of Newport Beach, a municipal corporation , 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 furnishers or escrow, fees paid by the State of California in this transaction. City of Newport Beth Pace ? Pub: st 9, 1974 it is further understood that the purchaser shall not have use of the property until a Director's Deed has been recorded. The purchaser aJrees to the above terns and conditions of sale. Place of execution Newport Beach Date of execution August 1974 ATTEST: City Clerk CITY OF NEWPORT BEACH By , _ Mayor i Authorized Officer who has the authority to commit the City of Newport Beach to the acquisition of this property. Tne terns and conditions of the above offer are _hereby accepted subject to the approval of the California Highway Commission. For Department of Transpdriation EDWARD C. PURPUS Right of Way Agent Excess Land Sales EC'P : 0m:i Ercis . r ti a • RESOLUTION NO_ A RESOLUTION OF THE CITY CO-iNCIL Or THE CITY OF NEWPORT BEACH ACCEPTING THE OFFER = -_ THE STATE DEPARTMENT OF TRANSPORTATION TO SELL CERTAIN STATE -OWNED PROPERTY AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE TI-y NECESSARY DOCUMENTS TO CONSUMMATE THE PURCHASE /fes' WHEREAS, the California Department of Transportation by letter dated August 9, 1974, has offered to sell certain State -owned property to the City of Newport Beach for the appraised value of Six IIundred and One Thousand Six Hundred Dollars ($601,600.00); and WHEREAS, said property is located in the City of Newport Beach, and is generally described as Department of Transportation Parcels 57847, 40468, 41246 and 41356; and WHEREAS, the terms of the sale require the City to pay the amount of Four Hundred and Thirty -Six Thousand Six Hundred Dollars ($436,600.00) to the State upon demand; the balance of One Hundred and Sixty -Five Thousand Dollars ($165,000.00) will be subject to a Trust Deed and Note covering payments of principal and interest at 7% per annum for a period of five (5) years; and WHEREAS, the City Council believes it to be in the best interest of the City to purchase said parcels to be used by.the general public specifically for parks, recreation and open space; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby accepts the offer of the State Department of Transportation to sell Parcels 54847, 40468, 41246, and 41356, upon the terms and conditions expressed in the letter from the Department of Transportation dated August 9, 1974; BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to sign a duplicate copy of said letter, on behalf of the City of Newport Beach, which shall constitute the acceptance by the City of the State's Offer to sell said - - - - p.ircels for the appraised value of $601,600.00- -1- ; BE IT FURTHER RESO." E? that. the Mayor City Clerk are authorized to execute a ;rust Deed a ^a >ote for the balance of the purchase price, that is, $16 _7,•:700.00, pay,ible. over a period of five (5) years at an interest rate o'E 7'/. per annum_ ATTEST: City Clerk ADOPTED this 26th day of August, 1974. Mayor DDO:mh 8/20/74 -2- I JAI —N C3 ROAD DEPARTIMcNT Aa gu,;t 7, 1973 -!Car �-id r El-ding, 5:3�- )361� *06� skate-ovined parce's Nvithin'._ute C e Freeway corridor D2� SESSION fl,'O. 5LbL2 bef,,:re youir- on. Jua� 1973 Da--Cels ,v-`(-da the --a-nujor tL!,? 0.0-x Roa"te ia Cranre County. -.'-s a res:-ilt -�t dL a ;j- -d an n" rmal, --i�i U .1 ." � -1-1) inF 31 tl13 :0-..-t all .3, --este-1 p:trdes, This off -,a has P -:73t-d I- .-� 11 . I I-L a . - "S pQr 3a-,h a 11e�.fdnt5. Z 1? ta!3ca ia d-�!tenm nl- a �at j .3tten.:!--,jLaca b,v ",Yactiry date yoar -a3 3i s, !.r;r :1aa*3ti-V--S o, --ur -eqtlest :)eing .hied rq br-ha.U' of kr"e I�Thwa�;? Cwnmis,ion L epresen'�ZiV3. I 7, 2�3, 29 24, 25, 5; Cct,)ba: iJ2J 3 ill 7i "' v "a r,l ilia. L ar.--� otn2 -s is att rida-.2-e will !=L i-- ra-res,:,ata- -s from 'Ile Cl.ti2s of Beacla aad lfu-n--:-, =--nt and a'zon and aporco-,-iate .2.1 oZ C2-' --0' :ada .adll include 3 review of all , zrc„is o;� 7y ,he in tole RoMe On; I'i; CJr.+_.ior -Qtr ;.ring tha t " ' =" pure"lase ?rice 2. -3ti-nated pra3-3at value Lh 3..'' -. inatiOff:i Oi JS3:t° ':i l tr 1SDort:a.tion use 'i. 13?.tarmi.^.3ti a Of other pot�mtial pabilc. use F,-)r your i.'L'"oi.matimm Me date of Wi3 r_ a°2ting -was delayed by the need to establish =tartan imaporm t preiirmnary groundwor'rt. in tee City c£ u �sac� a been complated 313 will be e r. port t3 'upon at a 1^. -i ?f y'1 ^u for your ' Si_otance. el�:rlii Cdr :j r °3DOn32 ".!].li be dppr ?ci2tR3. Road Commissioner a,rv!'C:Dunty Su;.` eyor TZ W STORM +_ �iit3nt i,ozs C:o;z::.isaioner and isof :nty Su'rv�eyor CC3: a " Bol?3., 2x: :.Cu Li-,-2 Secretary, California .`ii,'�'QVY3y Commission ilar C;j .t„ 1.3,�3Y3, �. �. as. i?i nC Ot S �2y :i�?tlt, Stitt DBpt. of Z�, ?n3Ot?: tation T3iQ `yaaian, Dirsc or of iransoorta aoa, State rapt. of Traaaporatio i Ford, C ie Office oi Transportation Y�i 2� :2i �, State D3 1t. of ..rafi9',J +�F tatio , District 7 L. '1 -Tay, 21' -dCr :~oa Program Coordination, State Dept. of Pan's and 2cres: ion 1 o s?r t L ,Vynn, Cloy. Ala lager, Ci!-y' of Newport Beach O avi;:l D. 'crxianda, City Admiaistrator, City of Hunti1grton 2n3cf i i August 2, 1973 Mr. L. H. Kagen Chief Office of Right of Way Department of Transportation Division of Highways 1120 N Street Sacramento, California 95814. Dear tor. Kagen: The City Council expressed complete satisfaction and appreciation in the recent action of your department to release twenty -one parcels to Newport Beach for a more productive use. I personally want to express appreciation to you and the members of your staff for your cooperation,.patience, and understanding. This" has been a difficult problem for Newport Beach and I am sure` it has-been difficult for you and members of your staff. I am sure this type of cooperation and understanding can exist for the mutual benefit of the State and the City. In closing, I would like to tell you that I can hardly wait for "Phase II." Very truly yours, DONALD A. MCINNIS Mayor DAMc:pg STAT OF- 9U51NE55 AND TRANSOATION AGENCY . RONALD REAGAN, G,"mor' DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. 90X '2304, LOS ANGELES 90054 pi_ 2 519733' 3 July 20 6-1973 .. — MOOT JUL 30 1973 �,i.i at NewPDrt�r 07 /RW -NPT BCH i Beach Parcels: 57644, 57648, By the CITY COUNCIL 57653, 1+9418, 61364, 576751, CITY Qr- 4F?*'?�441 pGACH �' 1 's 57686, 57690, 41381, 41248, 412470 47404, 577211, 412491, 6 47375, 41360, 474050 61390, A7 41352, 57746, and 41243 Honorable Donald A. McInnis Mayor, City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Dear Mayor McInnis: Attached are maps delineating 21 properties in the City of Newport Beach which were purchased for the proposed Route 1 Freeway. Confirming a conversation in your office attended by Orange County Road Commissioner, Mr. L. McConville on July 190 1973, these pro- perties are not needed in any transportation corridor study being conducted by the County of Orange or the City of Newport Beach. In view of the above, the Department of Transportation intends to offer the properties for sale to the public. In accordance with the provisions of Section 54220 through 54223' of the Government Code, this letter also serves as an offer to the City of Newport Beach to purchase the property at market value for park, recreational, or other public use. It will be appreciated if you can advise the writer within 20 days that the property is not needed for a transportation corridor or for public use by the City of Newport Beach. attachments Sincerely yours, H. AYH N Distri Director of Transportation 0. 0 CITY OF NEWPORT BEACH fn � � ALIFORNIA wuw ,f city Han 3300 Newport Blvd.. JrU 251973 (714) 673 -2110 C�'T7Byy the CITY COUNCIL June 26, 1973 OF NRWPORT 05ACI- Commission, on California State Government Organization and Economy 11th & L. Building, Room 550 .Sacramento, California 95814 Gentlemen: I had the pleasure of attending your meeting of Wednesday, June 13, regarding the disposal of excess freeway right -of -way along the de- leted.Route 1 Freeway, where presentations were made by Mr. Dunham of the Division of Highways and Mr. Murray Storm, Assistant County Road Commissioner of Orange County. At the direction of the City Council, this letter is being written to reiterate and clarify this City's official position with respect to the disposal of excess right -of -way by the State of California and the proposed corridor study. First, the City of.Newport Beach strongly urges that the State Di- vision of Highways dispose of all excess lands through sale to public or private interests at the earliest possible moment after determina- tion that the land is truly surplus. I am sure you are familiar with the Charter amendment in Newport Beach which prohibits agreements for the construction of a coastal freeway. During 1970 the City Council created a blue ribbon citizens committee to study alternative trans- portation systems. The City has just entered Phase III of this traf- fic study. Phase III will be completed this fall at which time deter- mination of the precise corridor eligible for further study will be made. Presently, little if any of the Route 1 right -of -way is under consideration in the study.. All State held lands outside this cor- ridor are obviously surplus and should be given high priority for disposal as outlined above. Several months ago, at the City Council's request, Assemblyman Robert Badham introduced AB 431 which requires the State Division of Highways to sell to the City certain parcels of proper lying in the proposed freeway corridor. This bill has passed the full House, the Senate committees, and is now before the full Senate for a vote., The City believes that within the very near future, therefore, the bill will be passed by the Legislature, signed by the Governor, and will permit this City to acquire this property for park, open space, and recreation purposes. /pv ,U- / Page -2- With regard to the cooperative corridor study with the County of Orange and the State of California, the City of Newport Beach has agreed con- ditionally to the study. The primary condition is that the City would identify the corridor and that the State land outside of the corridor would be released immediately for productive use. It should be noted that Newport Beach has taken the first and only step toward establishing reasonable solutions and alternatives with regard to movement of people and goods through that part of the coastal corridor that lies within our boundaries, as well as the impact of such solutions and alternatives on our neighboring communities. The City has spent $63,000 to date on the study and will spend an additional $22,000 for Phase III. From the outset this City sought cooperation both from the State and the County, but neither has shown any interest until just re- cently. The City of Newport Beach cannot agree that all State owned right -of -way of the deleted Route 1 Freeway be held for another two years awaiting the result of still another study. There are lands obviously surplus at this time and we urge their speedy return to public (non- highway) or private use. Attached you will find a copy of a letter signed by Mayor McInnis and a copy of Resolution No. 7934 which describes the City's position with respect to the transportation corridor study. If you should have ques- tions on the attached or this letter, please feel free to contact me. Thank.you for your interest in returning freeway lands to productive uses and, specifically, for the cooperation and understanding that your Commission and staff have shown to the City of Newport Beach. Si cerely, - J71 !H61JARD R06ERS Mayor Pro Tem ip 1'!!!1 Attachments CC: California Highway Commission Orange County Board of Supervisors Orange County Road Department Lli o U NTY O F 1 F4 Alt, N G E 1973 PLANNING COMMISSION June 20, 1973 State Senator Dennis Carpenter State Assemblyman Robert Burke Orange County 'Board of Supervisors City Councils of: Anaheim Newport Beach Costa Mesa Grange Fountain Valley Santa Ana Garden Grove Yorba Linda Huntington Beach Villa Park Orange County Harbors, Beaches, and Parks District Gentlemen: TELEPHONE: "4.2158 AREA CODE 714 400WEST EIGHTH STREET SANTA ANA, CALIFORNIA ZIP CODE 92701 14 - [i At its June 7, 1973 meeting, the Santa Ana River /Santiago Creek Greenbelt Commission adopted the attached resolution. It pertains to lands along the Pacific Coast Highway northwest of the Santa Ana River, The Commission directed that the resolution be sent to your office. Sincerely, ORANGE COUNTY PLANNING DEPARTMENT Forest Dic ason, Planning Director e zel / C.R. Sackett Santa Ana River /Santiago Creek Greenbelt Coordinator -CRS:th Attachment cc: Greenbelt Commission Members and Alternates Dale JUN 2 2 1973 ............................ _. COPIES SENT T0: ❑ M11a qor 4nuraey Public W.r" DiMIM Other Other Fj Q 0 �� RESOLUTION -SANTA ANA RIVER /SANTIAGO CREEK GREENBELT - COMMISSION NO. 00 -2 JUNE 7, 1973 WHEREAS: Certain parcels of land owned by the State of California, and originally intended for use on the Pacific Coast Freeway are in danger of being sold to private interests, and WHEREAS: The subject parcels are identified as follows: Division of Highways Right of Way Parcel Numbers A 1788 A 1788 -1 A 1786 A 1786 A 1786 A 1786 A 1787 A 1784 A 1783, C 6637 A 1782 7 and, Orange County Assessor Area Parcel Numbers (acres) 114- 160 -61 22.21. 114 - 160 -63 16.03 114- 150 -51 19.39 114 - 150 -53 5.99 114 - 150 -55 N.A. 148 - 011 -01 5.26 114 - 150 -26 2+ N'. A. N.A. N.A. N.A. 148- 021 -05 2.53 24- 250 -54 2.46 114- 150 -50 7.45, WHEREAS: These lands have high potential for future local use in open space, transportation, or other critical application, THEREFORE, IT IS RESOLVED THAT: Every effort be made by public agencies to hold these lands in the public domain for public use, and that immediate sale to private interests be deferred. (continued on next page) -NOES: None. ABSENT: - Commissioner Ronald Caspers - Orange County - Flood Control District - Commissioner Joe Temple - Orange ATTEST: Donal &% 1 e Chairman p y • Ata Resolution of the Ana. River/ Santiago.Creek Greenbelt .Commission No.. 00 -2 June 7; 1973 AYES: - Commissioner Preston Allen - Orange County Water District - Commissioner Ralph Clark - Orange County - Flood Control District - Commissioner George Machado - Yorba Linda - Commissioner Doriothy Potter - Villa Park - Commissioner Donald Shipley - Huntington Beach - Commissioner Jerry Sneegas - Anaheim - Commissioner Jim Ward - Santa Ana -NOES: None. ABSENT: - Commissioner Ronald Caspers - Orange County - Flood Control District - Commissioner Joe Temple - Orange ATTEST: Donal &% 1 e Chairman p y L February 27, 1973 Mr. H. Ayanian, uistrict Engineer Department of Public Works Division of Highways, District 7 Post Office riox 2304 Los Angeles, California 9004 Res CITY'S Kibi it)k iOHCI_kNIA(i YRANSPORTATIOH CORRIDOR STUDY Dear for. Ayanian: The City's Yransportation Han Citizens Advisory Committee and the City Council have reviewed carefully your letter of January 15, 1973, and tiie attachment from the State Department of Public Works concerning a transportation corridor study. Following careful review and particuiarly the three possible responses from a community as listed in the Uepar unent of Public Wur-ks memwrandum, the City believes that there is a fourth alternative which has a number of advantages. The fourth alternative and the City's response to your letter is that Newport Beech is anxious to participate in a transportation corridor study. Actuallye this City has been conducting an exhaustive transportation study for approximately two years. The study examines alternate solutions to the transportation needs of the City. The study is divided into three phases with Phase Two consisting of three or four viable alternatives or solutions to the pity's transportation needs. This phase is to be submitted by Harch,1973. Phase Three will analyze the alternatives listed. in Phase Two, subject these alternatives to the public hearing process, and propose the best plan to the Lity Council for implementation. The study is guided by a citizens committee with professional input by a traffic consultant, Alan M. Voorhees and Associates, Inc. Again, and it could be emphasized, this City is in some respects taking the leadership in transportation studies and we are anxious and happy to share our experience with neighboring communities and to participate in an overall transportation study. Inherent in the City's position is the necessity to release certain properties held by the State Division of Highways. The Little Hoover Commission position with respect to excess State Division of Highway's right- of-way property ex plifies this City's position, Much of the land was obtained ten to twelve years ago.and will never be used for highway purposes. Each city■ if local participation is important and desired by the Stalte, must be pe►tmitted to define the corridor within the city. Excess lands to that corridor should then be disposed of ismedi- ately and either returned to the private sector and placed back on the tax rolls or to some other productive use such as park, recreation or open space. i Mr. H. Ayanian February 27, 1973 Page Two In summation, this City is prepared to participate with the County of Orange and neighboring communities in a transportation study. be will share, to the extent that it is applicAhle, our experience with the comprehensive transportation study. Concurrent with the study, and as condition of participation,-however, the State shall releaia excess rights -of -way when defined and requested by each local community. This release of lands will permit productive use of property and will remove a cloud or threat of uncertainty that has existed since the State acquired larce nortiuns of property for freeway purposes many years ago. Sincerely, DONALD A. McINNIS Mayor DAMc:pq Enclosure: Council kLS0iui:'401: bcc: Mr. Howard D. Ul l ri ch Chief Deputy Director Public Works Department State of California Mr. Ted NeConvi.11.e County Road Comaissioner County of Orange 1 W RESOLUTION NO. 7934 A RESOLUTION OF THE CITY COUNCIL OF TT_E CITY OF NI.3VTORT BEACH EXPRESSTNG THE CITY'S VIILL- INGNESS UNDER CERTAIN CONDITIONS TO COOPERATE WITH T?M STATE DIVISION OF HIGMIAYS IN A TRANSPORTATION CORRIDOR STUDY WHEREAS, Route 1 of the Pacific Coast Freeway through Nes9port Beach has been deleted by Legislative action; and' WHEE REAS, said route remains in the State Highway System, and.accordingly, the State continues to share the responsibility for meeting the transportation needs in the former freeway corridor; and WHEREAS, the State Division of Highways has requested that the City of Newport Beach explore with them the need for further transportation studies and the need for any previously __acquired rights -of -way for a conventional highway, other trans- portation purpose, or other public use; and WHEREAS, it is understood that said study cannot in- elude a freeway or expressway as an alternate solution; and WHEREAS, the City of Newport Beach initiated its own traffic study approximately two years ago, which study.is now within a few months of completion; and WHEREAS, the Newport Beach Transportation Plan Citizens Advisory Committee has recommended that the City express its willingness under certain conditions to cooperate in said Trans- portation Corridor Study; and WHEREAS, the City Council, based on the recommendation of the Citizens Transportation Advisory Committee, has determined that further study is desirable and tl\at it would be in the best interest of the City to cooperate, under certain conditions, L4 J_th the State Division of Ifigh-icvs in a Cooperative tran9poCta- ... 'T'.. ;:?_ 'i�, f 1' PIES i. �i Corridor Study on the basis that each city must be permitted to define the corridor within the city, and that the State will re- lease excess rights -of -way when defined and requested by each local community. BE IT FURTHER RESOLVED that the Mayor is hereby autho- rized and directed to transmit a letter to the State Department of Public Works., Division, of Highways, stating this City's posi- tion with regard to the Transportation Corridor Study. ATTEST: City ,Clerk ADOPTED this 26th day of February 1973. Mayor CITY OF NEWPORT BEACH PARKS, BEACHES AND RECREATION IMARTMENT December 8, 1971 TU: RDBERT WYNN, CITY MANAGER FROM: PB $ R Director SUBJECT: ACQUISITION OF STATE RIGHT -OF -WAY Joe Devlin, Public Works Director, and Rod Gunn, Senior Planner, have had two meetings with Bill Hashimoto of the State Division of Highways on this subject and I can relay the following information to you. 1. The �Uala Division of Highway Surplus Ladd Progrmn does make land available within 200 feet of the freeway right -of -way not needed for freeway operations for 50% of their fair market value. However, surplus State property is usually made available only after the freeway has been built. None of the area in Newport Beach as of yet has been declared surplus. 2. The State Division of Highways will lease to a public agency excess property (property not needed for freeway operations) within 200' of freeway right -of -way. Lease would be at a nominal rate. Property over 200' from right -of -way would be sold or leased at or near market value. To date the State has made property available only after the freeway has been built. Property leased under these conditions is required to be used for park purposes. 3. The State Division of Highways is not interested in making any land available for park purposes in�aport-Big& until the freeway question is settled. 4. The State Division of Highways will in all probability lease to the City the bluff top property adjacent to Versailles on the Bluff for landscaping in conjunction with the bike trail. CCS:dm STATE OF CALIFORNIA — TRANSPORTATION AGENCY RONALD REAGAN, Governor DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS. DISTRICT 7, P. O, BOX 2304, LOS ANGELES 90054 January 28, 1970 State Reference: _ (C By illo C: Y C_1" —_1L 7 -Ora -1 -15.2 CITY OF NEWPORT BEACH 61364 - Irwin City of Newport Beach City Council 3300 Newport Boulevard Newport Beach, California Gentlemen: In accordance with legislative act CH 1349 (AB 478) which provides that you shall be advised by letter when the State has completed an aequla1tSgm of propertg.,*ithin your jurisdiction on a hardship or right of way protection basis prior to a freeway agreement, you are hereby notified of the acquisition of the following property as a hardship case.. Deed dated December 17, 1969, executed by William Re Irwin, Jr., et ux, recorded January 13, 1970 in Book 9189, Page 159 of Official Records. Very truly yours, RIGHT OF WAY ALKINISTRATION Property Location: Title and Escrow Section 706 Goldenrod Corona Del Mar, California ROBERT POLLOCK RP:ms Date. �......5... :�. COPIES SENT TO: o.th FI �, �L Y.u.ger cc: NAlstead ney Work. Dired0f ...Ing Direelot �l I , rri , O - - -A VE- CITY OF PUBLIC WORKS DEPAFRT"�IENT FREEWAY RIGHT- OF- WAY A C QU1,51 TI ON C00/RED DRAVIN ti /Y• ri DATE APPROVED DRAWING NO.