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HomeMy WebLinkAboutF-13 - Sale of a Portion of the Oasis Park Property Adjacent to 850 Sandcastle Drive/ /1 (7,3) TO: City Council BY THE CITY COUNCIL CITY OF NEWPORT BEACH APPROVED February 25, 1991 CITY COUNCIL AGENDA ITEM NO. F-13 FROM: Public Works Department SUBJECT: SALE OF A PORTION OF THE OASIS PARK PROPERTY ADJACENT TO 850 SANDCASTLE DRIVE RECOMMENDATIONS: Authorize the sale of 240.5 square feet of park property to Mark Poochigian of 850 Sandcastle Drive for six thousand seven hundred dollars ($6,700.00), subject to the conditions and deed restrictions described in the memo. DISCUSSION: 850 Sandcastle Drive (Lot 86, Tract No. 62 of Marguerite Avenue and Sandcastle Dr i Mr. Poochigian is interested in expanding his yard area out onto the flat area. This area has no park use other than for landscaping. It is currently landscaped with low shrubs. The Bren Company has indicated that they have no objection to the transfer of this parcel to the adjoining resident in this particular case. A copy of the Bren Company letter is attached. Since the City owns the property in fee it could be sold if it is determined that the public has no use for this parcel. The Parks, Beaches and Recreation Commission has reviewed this item and has supported the sale of the property with the proceeds of the sale going to the Oasis Center Program. Attached is a copy of a memo from the PB & R Director along with the minutes of the PB & R Commission minutes related to this item. If the City Council determines that the parcel should be sold, the Public Works Department recommends the following: 1. That the property be sold for 50% of the current assessed land value of parcels on the southerly side of Sandcastle Drive. 2. That the new property corners be placed by a licensed Land Surveyor or Civil Engineer. 3. That nothing requiring a Building Permit be constructed on the parcel, except for a wall with the upper 3 feet transparent if approved by the Community Association and next door neighbor. 4. That the parcel be kept separate from Lot 86 (Tract No. 6228). The parcel cannot be used as part of the required rear yard setback for Lot 86, nor can it be sold separately from Lot 86 unless it is sold to the City. 5. Drainage from the parcel shall be directed onto Lot 86 unless otherwise approved by the Public Works Department. Attached is a sketch that shows the parcel that is being considered. The staff has recommended that this parcel be sold for 50% of the current assessed value. The restrictions recommended substantially reduce the value of the parcel in that only a wall with the upper portion transparent can be constructed on the parcel. The parcel cannot be used as part of the setback to increase the buildable area on Lot 86. The adjoining property owner and Community Association will be able to review and approve proposed construction on this parcel to insure that the construction is compatible with the area. The assessor's rolls have been reviewed to determine what sales have occurred in the last four years between 850 and 982 Sandcastle Drive. Six sales occurred in addition to the sale of 850 Sandcastle Drive. The staff has estimated that based on the data in the assessor's rolls and adjustments for location and view that the land value adjacent to the City's parcel is $56.00/square foot. Based on this value the parcel should be sold for $28.00/square foot, or $6,734.00. This has been rounded off to $6,700.00. The parcel is 240.5 square f et. Benjamin B. Nolan Public Works Director DW:mms Attachments T July 2, 1990 PECEIVE jut 9 19 0 CITY NOW BEO Mr. Don Webb, City Engineer City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92661 Dear Mr. Webb: In response to our telephone conversation of June 27, 1990, I am writing this letter to officially commence discussions concerning my personal residence at 850 Sandcastle Drive in Corona Del Mar. On June 14, 1990, I hired Duca-McCoy, Inc. to provide a lot survey for the purpose of building a new wall at my residence (please see enclosure). Mr. Duca observed that near the location marked by an 'Y' there appeared to be an area where considerable water pooling had occurred and the water drainage from the city's property had caused damage to my existing wall and concrete patio. He also advised me that, unless this drainage problem was rectified, my new wall and patio would eventually sustain the same damage. Mr. Duca recommended to me that I approach the city with a possible solution. I would be willing to pay for the necessary corrections to properly drain the city's land if I could obtain an encroachment permit for the 5'f in which I would extend my back yard. If this solution is not acceptable to the city, I would also be willing to purchase those same 5't from the city. In case this method is not desirable, I would also be willing to purchase the 5'f plus the slope to the base .of the Oasis unimproved land. I would provide an easement to the city so the slope could be uniformly maintained. I believe this 5't is virtually unusable open space. I would hope that we could arrange a meeting at my home so you might see what I am requesting. Any assistance you could provide would be truly appreciated. Sincerely, Mark R. Pooc ' 'an MRP/slj cc: Newport Beach City Council r e1 DD Co ET��I / CIYIIAE ' ER ���(~'lr�;(Q) j, 111i (�o . 8840 EAST COAST HIGHWAY. CORONA U(.I MAR. CA 02825 e TELEPHONE 1141075 4407 5 ETC- t)%. IN ••--(Yo �M�,r�6U�R�rt;) N55°31'l4"W 162.°IgI _ 1 I tit, pll No' �228lb � a �Z, •� '8 �s,r►nu, 9Ci %vL ter. p OF St,o1715 I epTlit ;fl � pdRPUN� ti40 y August 30, 1990 Mr. Don Webb, City Engineer Public Works Department P.O. Box 1768 Newport Beach, California 92659-1768 Dear Mr. Webb: I am sending you this letter to confirm the issues we discussed on the telephone yesterday as well as your letter dated July 23, 1990. I called you and you suggested contacting the Bren Company to see if they would be willing to modify their dedication for 5 foot bench area in parcel B . I contacted the Bren Company and made an appointment with Pat Feenstera and provided him with a copy of my lot survey, your July 23rd letter and the enclosure. Mr. Feenstera has reviewed the documents I provided and performed additional research and has determined that the Bren Company is willing to acknowledge that they have no problem if. the city would sell or allow an encroachment to me on the 5 foot bench in lot B . They would like to know the language the city would like, to prepare the necessary documentation which would allow me to buy or encroach on the 5 foot bench. In communicating this to you yesterday, you stated that you needed to confer with the city attorney. You also re -stated your prior position of being in support of a sale or encroachment. However, this position was given prior to your initial discussions with the city attorney. I hope you agree with this recount of prior events and that we can schedule a meeting to determine the wording of a document which would be satisfactory to the city attorney and ultimately the city council. If you have any questions, please feel free to contact me at my business (714- 891-6080) or home (714-760-6029) . Thank you for all your efforts and support. Sincerely, % 1 Mark R . Pooc an cc: City Council r x y u 1 4, 1 i-- 1,1/o.V � lip Ie�.' fr�GG y o,• rTe -o» ' p 60, ITE MA P6L1f'Q --id @ 1`, v �\ G%1`R0p_oJp • r R 1 _ N + � Nll — �;. p • i �•s 1 w 1 1 )� I o a � OR 7S/Sl 7cb J s g0 09 RJ C ? 9i �7906' 000p 7847� D owsTILL£R CI z a % o s e u• IZ r� *L y C. g n 8 gy 8 s 351 o*� x 2�t kU �� 4� �F ��a 8t'♦ ��� .g gy i Y 1 I s I F JI 1 44 i'd' 84k w� I i $ •. ♦ 4 v S I I - 1 -1 • 8 884 • I I 1 I �� 1 �� � v \ 8�� -'•-R-r�l 1} I n l i� 1 u .$ g.. //V C. P,y w ti/,u Ao - 1 1 a 11 �11 11 Fa i - � �,,• � _ �atlC _ — ,� 1 N ,� y� ♦e111 C 11 1 �m 11 6 1 I — rl •1 '� � 1, �� � g tom, ' �// \ � \I J p ` �o D yv RP 162.q°i� . f ig t t- N 1-4-11v L� Fo V t P T R lm,G`j NO- Po226 -4 1-4 3 FA S c V L z I%RS� TO 65 AMUIRC-D. ��� e); H 151 j ti+ to Bren Company September 21, 1990 City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659 ATTN: Don Webb Subject: The Terraces, Tract 11949 Gentlemen: Mark R. Poochigian, who resides at 850 Sandcastle Drive in Corona Del Mar, indicated his desire to purchase a portion of land previously dedicated to the City of Newport Beach from the Donald L. Bren Company. The said portion of land is a small flat area located between the rear of his lot and the top of the westerly slope adjacent to Oasis Senior Citizen Center. This parcel is a part of the land which was dedicated to the City for park purposes. Should the City find that a portion of this dedication is appropriate for conveyance to an adjacent resident, the Donald L. Bren Company has no objection. Sincerely, BREN COMPANY Dale G. Meredith VP/Division Manager DGM/imh rl> PURECEIVED WORKS Ol OCT 0 9 1990 ► 6 CITY OF NE"RT BEACH CALIF. Five Civic Plaza Suite 100 Newport Beach California 92660 (714) 759-1782 CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: December 11, 1990 TO: Don Webb, City Engineer FROM: Parks, Beaches and Recreation Director SUBJECT: CITY PROPERTY ADJACENT TO 850 SANDCASTLE DRIVE Recommendation: Proceed with the process that allows Mr. Mark Poochigian, the property owner at 850 Sandcastle Drive, to purchase the level portion of the top slope adjacent to his property that is City owned property identified as a portion of the Oasis Senior facility. Discussion• The Parks, Beaches and Recreation Commission, at their meeting of December 4, 1990, reviewed the request to purchase a small surplus parcel as requested by Mr. Poochigian. Your memo was helpful in the Commission arriving at the above recommendation. The minutes of their meeting on this matter are attached for your information. The Commission agreed with the Public Works Department's conditions and would further like to see any proceeds from this transaction be appropriated for Oasis Senior facility use. If there are questions, please feel free to call. Ronald A. Whitle 1611 _ _ d0 Sandcastle DriE- Item #13 was addressed following Item #8. Chair �-,Y'ant. :)p`ene. d the tc Public. H.L;aring and lvr Poochigian, 850 Sandcastle Drive, addressed the Commission. iAi. Poochigian reported he has been working with the City to acquire property adjacent to his residence where there is a platear. of approximately 240 square feet of land. The City owns the land, however, the Bren Company had deed restrictions on the land that, it must be used for park purpose; trh i ch they have since off a w waive. In addition, the Public Works Department finds no objecLIon to acquisition based on their five conditions presented in the report submitted. Mr. Poochigian explained the subject land is useless space on which he wants to extend his patio and rectify his drainage problems. He proposes to build an aesthetic masonry and plate glass wall at this location. Director Whitley pointed out that the Friends of Oasis have reviewed Mr. Poochigian's request and have no objection. The only condition the Department recommends is that proceeds from the sale be used at the Oasis facility. Commissioner Demmer questioned the condition from Public Works that the property be sold for 50% of its current assessed value. Director Whitley explained that this decision was due to the conditions being placed on the property, i.e., it cannot be built upon; the rear yard setback cannot be changed, etc. Commissioner Herberts stated she is opposed to recommending it be sold since it would set a dangerous precedent to sell open space to a private party. Commissioner Konwiser agreed this is a valid concern, however, this is a unique situation in that nothing can be built on the land and it will be walled off. Commissioner Konwiser motioned to approve the request to sell the property as presented with the additional condition that the proceeds from the sale be used at the Oasis Center. Commissioner Vandervort amended the motion to state that the wall be no higher than 6 feet. During discussion, Commissioner Konwiser pointed out the City has a 6 foot limitation and Commissioner Compton felt this is under the Public Works jurisdiction. Mr. Poochigian also stated he did not intend to build a wall over 6 feet. Commissioner Vandervort withdrew her motion. Motion passes. (VH - Nay)