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HomeMy WebLinkAbout2004-31 - State Highway 1 RelinquishmentRESOLUTION NO. 2004 -31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REQUESTING THAT THE STATE OF CALIFORNIA RELINQUISH THE RIGHT - OF -WAY FOR STATE HIGHWAY 1 (PACIFIC COAST HIGHWAY) BETWEEN NEWPORT COAST DRIVE AND JAMBOREE ROAD WHEREAS, the City of Newport Beach ( "City ") requests that the State of California ( "State ") relinquish the right -of -way for State Highway 1 (Pacific Coast Highway) between Newport Coast Drive on the east and Jamboree Road on the west to the City of Newport Beach ( "City "); and WHEREAS, the State Legislature has authorized the relinquishment of the portion of State Highway 1 between Newport Coast Drive and Jamboree Road per SB 290, Chapter 825, dated October 13, 2001; and WHEREAS, pursuant to State law, the California Transportation Commission ( "CTC "), upon request from the State Department of Transportation ( "Caltrans "), may relinquish any portion of State highways and Caltrans, District 12 has indicated a willingness to recommend to the CTC that the right -of -way for State Highway 1 be relinquished to the City; and WHEREAS, the City desires to enter into a Cooperative Agreement with Caltrans in accordance with Section 2.52 of the Caltrans Cooperative Agreement Manual to more specifically define the precise boundary, terms, and conditions under which relinquishment will be recommended to the CTC. NOW, THEREFORE, The City Council of the City of Newport Beach, does hereby resolve, determine and order as follows: 1. The City Council of the City hereby requests that Caltrans, District 12 initiate the process to relinquish that portion of the right -of -way for State Highway 1 (Pacific Coast Highway) from Newport Coast Drive on the east to Jamboree Road on the west. 2. The City Council of the City requests that a precise legal description of the area to be relinquished be developed through a joint effort of the City and State and included in a cooperative agreement to be executed by City and State. 3. The City Council of the City hereby acknowledges that it is willing to accept such relinquishment and hereby consents to initiation of relinquishment. 4. The City Council of the City hereby expresses its willingness to enter into a cooperative agreement, substantially in the form set forth in the Caltrans Cooperative Manual (Form G -1) to more specifically define the precise boundary, terms and conditions under which relinquishment will be recommended to the CTC. The City Council of the City waives the ninety -day (90) Notice of Intention to Relinquish requirement contained in Section 73 of the Streets and Highways Code. Adopted this 27"' day of April, 2004 0 MAYO ATTEST: CITY CLERK • S �� k STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2004 -31 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of April, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of April, 2004. (Seal) City Clerk Newport Beach, California