HomeMy WebLinkAbout3.0_Moriarty Parcel Map Appeal_PA2008-207_Additional Materials Received At Meeting"Badum, Steve"
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gov>
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To <pfrafferty@JONESDAY.COM>
cc "Kiff, Dave" <DKiff@newportbeachca.gov>
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10/21/2009 05:51 PM Subject Moriarty Project
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Sorry, we've been trading messages.
I've marked up the current project plans to reflect the City approving the project. If your
engineer can make the changes, then we can forward a copy of the approved plans (signed by
me) to the County for inclusion in the agreement documents. Its mu understanding that the
County will be forwarding you a letter Please note that we have deleted the need for a curb,
gutter and catch basin. We are viewing this project as a driveway replacement which does not
require any additional permits or approvals. When everyone is okay with moving forward, the
City will issue a Public Works Encroachment permit to Mr. Moriarty's contractor for the
construction of the roadway. We are looking forward to getting this issue resolved. If there are
any questions, please contact me at your convenience.
SteveBadum
Public Works Director
City of Newport Beach
949-644-3311
sbadum@city.newport-beach.ca.us
Public Works Department -A Well-Engineered Machine
Protecting and providing quality public Improvements and services
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Moriarty Grading 2.pdf Moriarty Grading 1.pdf
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Occ~ffiffi{;~ity Resources
Our Community. Our Commlrment.
steVll'RANICS
DIRECTOR
0C COMMUNm RfSOURCcS
RYANDRABIK
JNTfRIM DIR.ECTOR
OC ANIMAL CARE
KARINRDPIR
DIRECrOR
OC COMMUNilY ScRVICES
MARKDIHNY
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OC PARKS
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COUNlY USRAAIAN
OC PlJBUC UBAARil:S
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· 13042 OLD MYl'ORO ROAD
IRVJNC:, CA 92602
PHONE: 866,0CPAAKS
FAX: 714-667-6511
October 27, 2009
Richard Moriarty
c/o Paul Rafferty, Esq.
650 Town Center Drive, 4th Floor
Costa Mesa, CA 92626-1933
Carla Brockman
c/o David Cosgrove
Rutan & Tucker, LLP
611 Anton Boulevard, 14th Floor
Costa Mesa, CA 92626
Subject Carla Brockman Property-Parcel 102
2100 Mesa Drive, Newport Beach-APN 439-061-03 (Portion)
Access Plans
Dear Mr. Moriarty and Ms. Brockman:
Mr. Moriarty has submitted plans to OC Parks for proposed improvements
· within the County's license area (Parcel 102 on enclosed Exhibit A), which
is over the 30' wide northwest section of Ms. Brockman's property located
at 2100 Mesa Drive (APN 493-061-03). These plans have been
preliminarily reviewed by staff of OC Parks, Orange County Flood Control
District ("OCFCD") and the City of Newport Beach ("City").
Mr. Moriarty's ultimate goal is to acquire permanent, nonexclusive access
rights over Parcel 102, while relinquishing any access rights over Ms.
Brockman's properties, 2100 and 2148 (APN 493-061-05) Mesa Drive. Mr.
'. Moriarty is ready to seek approval of his plans by the County and the City
and then proceed with construction, all at his expense.
Ms. Brockman has indicated her willingness to sell Parcel 102 to the
County for minimal value under certain resetvations, conditions, and
restrictions. ·
In order to further along both of your Interests in Parcel 102, we are
proposing the following approach:
• Mr. Moriarty would revise his current plans and submit them for
approval by the City. The approved plans will be included as
part of his application for an OC Parks Permit. Suggested
revisions will be submitted to Mr. Moriarty and his
representatives In a separate correspondence.
• Once the OC Parks application is deemed complete, it would be
distributed for review and comment to OC Parks, OCFCD, the
City, and Ms. Brockman. At the same time, the County would
then begin to prepare or review the legal documents necessary
to:
o Acquire Parcel 102 in fee from Ms. Brockman,
Richard Moriarty/Carta Brockman
October 27, 2009
Page Two
o Quitclaim Mr. Moriartys access rights over 2100 and 2148 Mesa
Drive to Ms. Brockman.
o Assign nonexclusive access easement rights over Parcel 102 to Mr.
Moriarty, and
o Transfer Parcel 102 to the City, With reserved access rights for OC
Parks and OCFCD.
• The OC Parks Permit would only be issued to Mr. Moriarty after an escrow
account is established to handle the real estate transactions noted above.
Construction could not commence until then.
• The City will oversee the construction by Mr. Moriarty and ensure
compliance with the approved plans.
• Upon Mr. Moriarty's satisfactory completion of the improvements, the real
estate transactions wourd be executed. The City would then be
responsible for maintaining Parcel 102 and its improvements in perpetuity.
If you concur with this approach, please sign below and return the original letter in the
enclosed envelope. If you have any questions, please feel free to contact Harry
Hug ins, OC Parks Asset Manager, at (949) 923-3749. ·
----==~.. ... . . ~ ~;
Mark Denny. Director
OC Parks
Concur.
adum, Public Works Director
ewport Beach
Richard Moriarty, Property Owner
Enclosure
cc: Supervisor John Moorlach
Professor Mario Mainero
Dave Kiff
Harry Huggins
Nadeem Majaj, Assistant Director
oc Engineering
Concur.
Carla Brockman, Property Owner
Exhibi\A
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RICHARD MORIARTY
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ORANGE COUNTY PUBLIC FACILITIES & RESOURCES DEPT.·-RIGHT OF WAY PROCESSING
RIGHT OF WAY MAP -COMPILED FROM PlIBLIC RECORDS
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PROJECT: .RecreationalTrail-Easement (TR47C-102) --_IiCALE : 1 .. -= 1.ooE?.'-99-~ ... oao
!,R~--~ Ni11.1r1:f~Ic~BY: S.M,H. [DATE! Augu$t, l999fEST.: Easerner1t r HEC. OA'fE: loR.