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HomeMy WebLinkAbout95-136 - Caltran Purchase AgreementRESOLUTION NO. 95 -136 WHEREAS, the City of Newport Beach (CITY) has requested the State of California Department of Transportation ( CALTRANS) to sell a 1.1 acre surplus right of way parcel (PARCEL) adjacent to State Route 73 between Jamboree Road and Bayview Way (extended) to the CITY; and WHEREAS, CALTRANS and CITY did jointly agree to an appraisal process to determine the fair market value of the PARCEL in joinder with the adjacent 7.9 acre parcel to the west; and WHEREAS, the appraised fair market value of PARCEL has been determined to be $230,000 and both CITY and CALTRANS agree to this value; and WHEREAS, the PARCEL is encumbered with a CALTRANS storm drain and a underground telecommunications facility and CALTRANS will require CITY to maintain easements on PARCEL to provide for the future operation of these facilities; and WHEREAS, CITY will be required to grant the Southern California Edison Company (SCE) an easement across PARCEL to allow for the relocation of facilities that cross the land westerly of PARCEL; and WHEREAS, CITY will implement a mitigation plan to replace coastal sage scrub and other vegetation on PARCEL and the adjacent land to the west by establishing a 3 acre plant restoration area adjacent to the Upper Newport Bay Ecological Reserve and the restoration area will increase and improve habitat areas available for a threatened bird species; and WHEREAS, as a result of CITY acquiring the PARCEL and combining the PARCEL with the land to the west, public utilities and a public storm drain will be provided easements across the 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PURCHASE SALE AGREEMENT AND AUTHORIZING THE PURCHASE OF SURPLUS RIGHT OF WAY ADJACENT TO STATE ROUTE 73 BETWEEN JAMBOREE ROAD AND BAYVIEW WAY (EXTENDED) IN THE CITY OF NEWPORT • BEACH WHEREAS, the City of Newport Beach (CITY) has requested the State of California Department of Transportation ( CALTRANS) to sell a 1.1 acre surplus right of way parcel (PARCEL) adjacent to State Route 73 between Jamboree Road and Bayview Way (extended) to the CITY; and WHEREAS, CALTRANS and CITY did jointly agree to an appraisal process to determine the fair market value of the PARCEL in joinder with the adjacent 7.9 acre parcel to the west; and WHEREAS, the appraised fair market value of PARCEL has been determined to be $230,000 and both CITY and CALTRANS agree to this value; and WHEREAS, the PARCEL is encumbered with a CALTRANS storm drain and a underground telecommunications facility and CALTRANS will require CITY to maintain easements on PARCEL to provide for the future operation of these facilities; and WHEREAS, CITY will be required to grant the Southern California Edison Company (SCE) an easement across PARCEL to allow for the relocation of facilities that cross the land westerly of PARCEL; and WHEREAS, CITY will implement a mitigation plan to replace coastal sage scrub and other vegetation on PARCEL and the adjacent land to the west by establishing a 3 acre plant restoration area adjacent to the Upper Newport Bay Ecological Reserve and the restoration area will increase and improve habitat areas available for a threatened bird species; and WHEREAS, as a result of CITY acquiring the PARCEL and combining the PARCEL with the land to the west, public utilities and a public storm drain will be provided easements across the 1 PARCEL, habitat for threatened species will be increased, and the public interest will be further served by allowing a depressed and heavily encumbered piece of land to be developed in a manner which will help preserve a substantial source of sales tax revenue for the CITY. NOW, THEREFORE BE IT REQUIRED, that the City Manager, Kevin J. Murphy, is authorized to accept hte Directors Deed for PARCEL on behalf of the CITY and that the City Clerk is directed to transmit a certified cop of this Resolution and other related acquisition documents to the CALTRANS Right of Way Agent for the project. ATTEST: l � de \resolut \route73.res Adopted this 11th day of December , 1995 MAYOR 2 i "t \ 1,' k '- t" y., 2