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HomeMy WebLinkAbout12 - Sunset Ridge Park PurchaseCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 September 26, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, Assistant City Manager City Managers Office - 949 -644 -3002 dkiff@city.newport-beach.ca.us SUBJECT: RESOLUTION NO. 2006 - RESCINDING RESOLUTION NO. 2006 -85 AND AUTHORIZING THE CITY TO PURCHASE 15.05 ACRES OF LAND WITH A SCENIC EASEMENT AT SUPERIOR AVENUE AND WEST COAST HIGHWAY (CALTRANS PARCEL DD #40766 -01 -01 — "SUNSET RIDGE PARK ") FOR $5,000,000 RECOMMENDATIONS: Rescind Resolution 2006 -85; 2. Adopt Resolution No. 2006 - authorizing the purchase of Sunset Ridge Park with a Scenic Easement and which authorizes the City Manager to execute all relevant documents and which states the City's agreement with the terms of a Purchase and Sale Agreement and draft Deed; and 3. Authorize the Mayor to execute a Purchase and Sale Agreement for Caltrans Director's Deed #40766 -01 -01 ( "Sunset Ridge Park ") for $5,000,000 paid over three fiscal years at 4.75% interest on any unpaid principal provided that the Agreement is substantially similar to the attached Purchase and Sale Agreement. DISCUSSION: Folllowing the passage of Senate Bill 124 (Johnson, 2001), the City has worked with Caltrans and California State Parks to attempt to secure two parcels near Superior and PCH for the Sunset Ridge Park project. After extensive talks during 2005 involving then State Senator John Campbell, the state Department of General Services, Caltrans, and the City, we discussed at a staff level the purchase both parcels of land with the City being the fee simple owner of the two parcels, rather than just leasing the large parcel from State Parks and operating it as a locally- operated unit of the State Park system. The City purchased the small (1.88 acre) parcel in September 2005 for $175,000. Purchase of Caltrans Land (DD 40766 -01 -01) September26, 2006 Page: 2 The proposed purchase price of the large parcel (15.05 acres — Superior and PCH) is $5 million, paid in three installments with 4.75% interest: • $2.0 million by December 31, 2006; • $1.5 million by December 31, 2007 (plus $142,500 in interest); and • $1.5 million by December 31, 2008 (plus $71,250 in interest). In August, when the City Council last saw this item, there was a deed restriction suggested for this parcel that would both require the City to use the property as a park and say that if we chose to remove the park use and sell the property, it must be sold at fair market value — then the City would remit to Caltrans the amount above $5 million for the sale. The latter part of this restriction has been removed. In lieu of that "profit sharing" provision, there will be a scenic easement applied to 197,720 square feet of the parcel (the parcel's total square footage is about 655,578 sf). Within this easement area, all Open Space- Active (OS -A) uses are permitted except permanent structures and pavement. This easement was directed by Caltrans staff and approved in concept by the California Transportation Commission (CTC) at its September 7, 2006 meeting. An approximation of the easement area is shown on the below sketch. SUNSET RIDGE PARK 01 Purchase of Calhans Land (DD 40766- 01 -01) September 26, 2006 Page: 3 Caltrans staff has assured us and has assured the CTC in the public meeting on September 7th, 2006, that the Scenic Easement does not preclude the City from planning and constructing a park at the site and within the easement area. The only uses not permitted by the easement are permanent structures and pavement. As such, play equipment, goals, backstops, benches, decomposed granite (DG) trails, and other non - permanent facilities are permitted within the easement area. The Council's action tonight does not complete the sale. If Council approves the item with the scenic easement, the item will go back to the CTC for the Commission's October 12 meeting in Sonoma. Following CTC approval and the City's payment of the first installment, the property will transfer in fee to the City. The City's Public Works Department has sought and received a title report on the affected property. Environmental Review: The sale of surplus government property is categorically exempt under Section 15312 of the California Environmental Quality Act (CEQA). Funding Availability: Funding for the initial $2 million payment was approved by the Council at the Council's August 22, 2006 meeting. Submitted by: Dave Assistant City Manager Attachments: Resolution 2006 -85 (to be rescinded) Resolution 2006 - Graphic of Easement Area (approximate) Draft Purchase and Sale Agreement Draft Deed (including Exhibit A — Map and Legal) 3 RESOLUTION NO. 2006- 85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE PURCHASE OF SUNSET RIDGE PARK AND AGREEING TO TERMS AND CONDITIONS ASSOCIATED WITH A PURCHASE AND SALE AGREEMENT FOR THE PARK PROPERTY WHEREAS, the City of Newport Beach and its residents have long envisioned the 15 acres of land at the comer of Superior Avenue and Coast Highway as a park, including both active and passive components; and WHEREAS, extensive dealings with the owner of the property, California Department of Transportation ( "Calfrans"), have occurred in the nearly thirty years since this property was declared surplus in 1976; and WHEREAS, the City of Newport Beach was successful in sponsoring Senate Bill 124 (Johnson, 2001) which authorized the transfer of Sunset Ridge Park to the California Department of Fish and Game from the Caldomia Department of Transportation ( "Caltrans ") for a purchase price of $1.3 million as long as the Clty entered into an Operating Agreement with State Parks to operate the land as a park; and WHEREAS, further discussions with Governor Schwarzenegger's administration, the State Department of General Services, members of the Legislature, and others, have led the City and Caltrans to propose a direct sale of the property to the City at a price of $5,000,000; and WHEREAS, the direct sale would be completed through a Purchase and Sale Agreement and deed restrictions that would provide that: The $5 million be paid in three installments and at 4.75% interest; The property must be used as a park; and If the City decides to sell the property, it must remit to Caltrans any amount over $5 million. WHEREAS, this Purchase and Sale Agreement requires the approval of the California Transportation Commission (CTC); now, therefore, be it: RESOLVED by the City Council of the City of Newport Beach that it hereby: 1. Authorizes the purchase of the Sunset Ridge Park large parcel (15.05 acres) from Cattrans at a price of $5 million paid in three installments at 4.75% interest; and 2. Authorizes the Mayor of the City of Newport Beach to execute a Purchase and Sale Agreement to this effect; and H 3. Authorizes the City Manager to execute any related documents that might accompany the Purchase and Sale Agreement in order to accomplish the sale of the property, and 4. Agrees to a deed restriction or restrictions that limit the use of the property to park or open space uses and that would require the City to remit to Caltrans any sale revenues for the parcel over $5 million if the City later chooses to sell the property for another use. ADOPTED this 22td day of August, 2006. ATTEST: w Mayor n■ MAO-AK 5 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. 2006 -85 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 22nd day of August 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of August 2006. (Seal) City Clerk Newport Beach, California Tj RESOLUTION 2006 -_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE PURCHASE OF SUNSET RIDGE PARK AND AGREEING TO TERMS AND CONDITIONS ASSOCIATED WITH A PURCHASE AND SALE AGREEMENT FOR THE PARK PROPERTY WHEREAS, the City of Newport Beach and its residents have long envisioned the 15 acres of land at the comer of Superior Avenue and West Coast Highway as a park, including both active and passive components; and WHEREAS, extensive dealings with the owner of the property, California Department of Transportation ( "Caltrans "), have occurred in the nearly thirty years since this property was declared surplus in 1976; and WHEREAS, the City of Newport Beach was successful in sponsoring Senate Bill 124 (Johnson, 2001) which authorized the transfer of Sunset Ridge Park to the California Department of Parks and Recreation from Caltrans for a purchase price of $1.3 million as long as the City entered into an Operating Agreement with State Parks to operate the land as a state park facility; and WHEREAS, further discussions with Governor Schwarzenegger's administration, the State Department of General Services, members of the Legislature, and others, have led the City and Caltrans to propose a direct sale of the property to the City at a price of $5,000,000; and WHEREAS, the direct sale would be completed through a Purchase and Sale Agreement, a scenic easement, and deed restrictions that would provide that: The $5 million be paid in three installments and at 4.75% interest; The property must be used as a park consistent with the current Open Space - Active (OS -A) zoning; and The City agrees to a 197,720 square foot Scenic Easement that would allow only uses of the property that are consistent with the OS -A zoning in place as of the date of this Resolution with the exception of permanent structures and pavement in the Scenic Easement Area. WHEREAS, this Purchase and Sale Agreement requires the approval of the California Transportation Commission (CTC); now, therefore, be it: RESOLVED by the City Council of the City of Newport Beach that it hereby: Finds and declares that the Caltrans West Parcel (15.05 acres) shall be used by the City to develop Sunset Ridge Park and shall use the Parcel solely for park purposes, consistent with OS -A zoning; and q 2. Authorizes the purchase of the Caltrans West Parcel from Caltrans at a price of $5 million paid in three installments at 4.75% interest; and 3. Authorizes the placement of a Scenic Easement (or similarly -named easement) over 197,720 square feet of the parcel, within which all Open Space- Active (OS- A) uses that exist as of the date of this Resolution are permitted except for permanent structures and pavement (the latter two uses are not permitted); and 4. Authorizes the Mayor of the City of Newport Beach to execute a Purchase and Sale Agreement to this effect; and 5. Authorizes the City Manager to execute any related documents that might accompany the Purchase and Sale Agreement in order to accomplish the sale of the property. ADOPTED this 26"' Day of September, 2006. DON WEBB Mayor of Newport Beach ATTEST: LAVONNE HARKLESS City Clerk CITY OF NEWPORT BEACH MEMORANDUM TO: Mayor Webb and Members of the City Council FROM: Dave Kiff, Assistant City Manager DATE: September 26, 2006 RE: Sunset Ridge Park Item (Item #_) Caltrans' staff is working on the deed information and easement description as of the time that staff reports are due. I expect to be able to add this information on Friday the 22ntl. Dave Kiff City Hall • 3300 Newport Boulevard 9 Post Office Box 1768 • Newport Beach, California 92659 -1768 9 CITY OF NEWPORT BEACH MEMORANDUM TO: Mayor Webb and Members of the City Council FROM: Dave Kiff, Assistant City Manager DATE: September 22, 2006 RE: Sunset Ridge Park Item (Item # 12 ) As of the date and time of this memo (roughly Noon on 9 -22), 1 have not yet received some of the attachments that I wanted to include in the Sunset Ridge Park staff report. The attachments include: • A specific legal description and diagram of the proposed 197,720 square foot Scenic Easement; • A new Deed, which includes.a deletion of the "profit sharing" language and an inclusion of the Scenic Easement. In order to keep the proposal on track for the October 12, 2006 California Transportation Commission meeting, I respectfully request that you review the previously- approved deed information (from the August 22 meeting) and consider that the changes listed as bullet points within this memo will be completed, if not in time for the Tuesday meeting, then certainly in time for the CTC meeting. Unfortunately, Caltrans does not need to follow our schedule — we follow theirs. If the documents are not available for Tuesday's Council meeting, we will discuss the approximation of the Scenic Easement at that time and will ask that your Council approve that approximation, with direction to staff to bring it back to you if the actual easement significantly varies from the approximation. Dave Kiff City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659 -1768 CITY OF NEWPORT BEACH T MIT, u TO: Mayor Webb and Members of the City Council FROM: Dave Kiff, Assistant City Manager DATE: September 25, 2006 RE: Supplemental Information — Sunset Ridge Park (Item #12) Attached is the Director's Deed, including a map as an exhibit, to the item on your agenda tomorrow night about Sunset Ridge Park. Our GIS division will be preparing an exhibit as well — we will have this for you on Tuesday. Dave Kiff City Hall 9 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659 -1768 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: State of California DEPARTMENT OF TRANSPORTATION Caltrans — District 12 Office of Right of Way 3337 Michelson Drive Suite CN380 Irvine, CA 92612 -1699 Attn: R/W Excess Lands RWPE: C. SMYTHE (01104101) Wrinen:CS Check:DO DIRECTOR'S DEED Di6trict County Route Past Number 12 Orange 1 19.7 DD 040766 -01 -01 The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to the all that real property in the Citv of Newport Beach County of Orange , State of California, described as: Parcel No. DD 040766 -01 -01 That portion of Lot 1 of Tract No. 463 in the City of Newport Beach, County of Orange, State of California as shown per a map filed in Book 32, Pages 2 and 3 of Miscellaneous Maps in the office of the County Recorder of said county; that portion of Lot 1 of Tract No. 2250 as shown per a map filed in Book 104, Pages 6 and 7 of said Miscellaneous Maps; that portion of Melrose Mesa (Tract No. 15) as shown on a map filed in Book 9, Page 19 of said Miscellaneous Maps; that portion of Lot D of the Banning Tract, as shown on a map of said tract filed in the case of Hancock Banning, et al. vs. Mary H. Banning for partition, and being Case No. 6385 upon the Register of Actions of Superior Court of Los Angeles County, California, bounded as follows: Bounded northeasterly by the northeasterly line of the lands described as Parcel l of State Parcel No. 40767 in a Grant Deed recorded February 14, 1966 in Book 7839, Page 739 of Official Records in the office of the County Recorder of Orange County, California; MAIL TAX STATEMENTS TO: Page 1 of 5 Form RW 6-1(S) (Revised 4196) Bounded westerly by the westerly line of said Grant Deed, said westerly line also being described as a portion of the northerly prolongation of the westerly line of Annexation No. 55 to the City of Newport Beach dated September 19, 1963; Bounded southwesterly by the northeasterly line of "new" Pacific Coast Highway as described in a Director's Deed (State Parcel No. DD 040767 -03 -01) from the State of California to the City of Newport Beach, a municipal corporation, recorded May 6, 1993 as Instrument No. 93- 0304178 of said Official Records; and bounded southerly and southeasterly by the center line of "new" Superior Avenue as described in a Director's Easement Deed (State Parcel No. DE 040766 -1) from the State of California to the City of Newport Beach, a municipal corporation and charter city, recorded May 6, 1993 as Instrument No. 93- 0304175 of said Official Records. EXCEPTING THEREFROM those rights and interests previously excepted from that parcel of land described in the deed from A.E.S. Chaffey, et al., to the State of California (State Parcel No. 40766), recorded January 7, 1966 in Book 7801, Page 108 of said Official Records. ALSO EXCEPTING THEREFROM those rights and interests previously excepted from those parcels of land described in the deed from BEECO, LTD., to the State of California (State Parcel No. 40767), recorded February 14, 1966 in Book 7839, Page 739 of said Official Records. SUBJECT TO an easement for storm drain purposes, 35.00 feet wide; and an easement for sanitary sewer purposes, 30.00 feet wide, both as described in a Director's Deed (State Parcel No. DE 040767- 01-02) from the State of California to the Newport Crest Homeowners Association, a California Nonprofit Mutual Benefit Corporation, recorded September 11, 1990 as Instrument No. 90- 479322 of said Official Records. There shall be no abutter's rights of access appurtenant to the above - described real property in and to the adjacent state highway over and across those portions of the northeasterly line of "new" Pacific Coast Highway hereinabove described in said deed recorded as Instrument No. 93- 0304178 of Official Records, said portions of the northeasterly line being further described as having a bearing and a distance of "North 54 021'52" West, 215.42 feet" and "North 53 113'07" West, 167.37 feet ". Page 2 of 5 Forth RW 6 -1(S) (Revised 4196) PARCEL 040766 -3 RESERVING UNTO THE GRANTOR AN EASEMENT FOR SCENIC VIEW AND OPEN SPACE PURPOSES OVER THE AFOREMENTIONED PROPERTY, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF LOT 3 OF TRACT NO. 7817, PER MAP FILED IN BOOK 308, PAGES 33 AND 34 OF MISCELLANEOUS MAPS, IN SAID OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH A LINE PARALLEL WITH AND DISTANT 100.00 FEET WESTERLY OF THE WESTERLY LINE OF SAID LOT 3; THENCE ALONG SAID PARALLEL LINE, S00 019'10 "W 505.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE N71 014'04 "E 254.46 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 263.60 FEET SOUTHWESTERLY OF SAID SOUTHWESTERLY LINE OF SAID LOT 3; THENCE ALONG SAID PARALLEL LINE S62 013'53 "E 838.20 FEET TO A POINT ON THE NORTHERLY LINE OF "NEW" SUPERIOR AVE AS DESCRIBED IN A DOCUMENT RECORDED MAY 6, 1993 AS INSTRUMENT NO. 93- 0304175 OF SAID OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION OF SUPERIOR AVENUE AS DESCRIBED IN SAID DOCUMENT RECORDED MAY 6, 1993 AS INSTRUMENT NO. 93- 0304175 OF SAID OFFICIAL RECORDS. GRANTEES USE OF SAID EASEMENT AREA SHALL BE LIMITED TO THOSE "PERMITTED" USES UNDER GRANTEE'S ZONING DESIGNATION OPEN SPACE — ACTIVE AS DEFINED UNDER TITLE 20 OF GRANTEES ZONING CODE AS IT EXISTED ON OCTOBER 12, 2006. ADDITIONALLY THE GRANTEE IS PROHIBITED FROM PLACING PERMANENT STRUCTURES OR PAVEMENT WITHIN THE EASEMENT AREA, AND NO PARKING OF MOTORIZED VEHICLES SHALL BE PERMITTED WITHIN THE EASEMENT AREA. GRANTEE SHALL BE RESPONSIBLE FOR ALL MAINTENANCE WITHIN THE EASEMENT AREA. Attached hereto and made a part hereof is a map entitled "Exhibit `A "'. This map is for informational purposes only and is subordinate in all respects to the above legal description. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act. Signature: SCOTT E. ESTEP, PLS 7066 EXPIRATION: 12 -31 -2006 Date: Page 3 of 5 Form RW 6-1(S) (Revised 4/96) E. es\ h A EXP 12/31/06 N0. 7066 / Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California, this day of 20_ APPROVED AS TO FORM AND PROCEDURE ATTORNEY DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA County of Sacramento On this the _ day of personally appeared } SS personally known to me droved to me on the basis of satisfactory evidence 20 _ , before me, STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Director of Transportation By Attorney in Fact PERSONAL ACKNOWLEDGMENT Name, Title of Officer -E.G., "Jane Doe, Notary Public' Name of Signer to be the person whose name is subscribed to the within instrument and acknowledged to me that _ he/she executed the same in _ his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Notary Publics signature in and for said County and State) Page 5 of 5 (This space reserved for CTC CerbAcation) �-- CENTER LINE "NEw•• SDpEPo R AVE. STATE PARCEL NObpE OPOT6 -1 197.920 SE PER INST.ND.93- 3U041i15 0. D40766-3 \ SCENIC VIEW A WPORT OPEN SPACE EASE I SUPERIOR A r/1 `. • ! 1 NE'RC LNE "NEW P.C.k STATE P4RLEL NQ OD 040161 -0301 � `• PER MST. ND. 93- 03041T9 O.R. `'��''� ` nC[E59 R 2648 x0. 9303041 >00.R. \, NWLY LINE IRVINE'S S000VN. PER 4 I /80 BEACH NOTE THE SCENIC VIEW AND OPEN SPACE SDUARE FOOTAGE DOES NOT INCLUDE THE AREA WITHIN yL� THE STORM DRAIN AND SEWER EASE PER MST. NO, 90-4T9322. 1 I STATE RETAINS ACCESS RIGHTS STATE OF CALIFORNIA —DEPARTMENT OF TRANSPORTATION -- DISTRICT 12 PLAT ACCOMPANYING SCALE: N.T.S. DIRECTOR'S DEED DD 040766-01-01 DRWN:SEE CHKD:GBG DATE: 11/16/04 REF. MAP: E120010 -15 SHEET 4 OF 5 dqn na /7S/9nnR 1.1R'o'A PkA Q. DIST JCOUNTYJ RTE P.M. \. SITE 12 ORA 1 19.7 �. O LL ;��'. E X H I B I T "A" " NO SCALE STg7.e ROUT el HIGHWAY "� 3 SIT E z qp W'LY LINE OF LOT 3 TR i81T. MM 308/33-34 CITY 1 lto OF 30W S,Ey t0. I� TRACT J No /i )3 _am li , ry Ii l a STORM NST, N0. 30- 479322 OR. I1 INE PAR, STATTEE PIACR OL 40Mi K. EA Mn NK ii9 M 4 14 OF 1\111\11 32/2-3 n � SEWTR NES9M0. 4PTER 9 INS - O.R. 665.704 SD. FT _.1p•Qy��/ /� ON DD D4D766 -DI -DI �-- CENTER LINE "NEw•• SDpEPo R AVE. STATE PARCEL NObpE OPOT6 -1 197.920 SE PER INST.ND.93- 3U041i15 0. D40766-3 \ SCENIC VIEW A WPORT OPEN SPACE EASE I SUPERIOR A r/1 `. • ! 1 NE'RC LNE "NEW P.C.k STATE P4RLEL NQ OD 040161 -0301 � `• PER MST. ND. 93- 03041T9 O.R. `'��''� ` nC[E59 R 2648 x0. 9303041 >00.R. \, NWLY LINE IRVINE'S S000VN. PER 4 I /80 BEACH NOTE THE SCENIC VIEW AND OPEN SPACE SDUARE FOOTAGE DOES NOT INCLUDE THE AREA WITHIN yL� THE STORM DRAIN AND SEWER EASE PER MST. NO, 90-4T9322. 1 I STATE RETAINS ACCESS RIGHTS STATE OF CALIFORNIA —DEPARTMENT OF TRANSPORTATION -- DISTRICT 12 PLAT ACCOMPANYING SCALE: N.T.S. DIRECTOR'S DEED DD 040766-01-01 DRWN:SEE CHKD:GBG DATE: 11/16/04 REF. MAP: E120010 -15 SHEET 4 OF 5 dqn na /7S/9nnR 1.1R'o'A PkA _*I'Z- R'/2&1U� Sunset Ridge Park ••• Tuesday, September 26, 2006 • • • Newport Beach City Council i i •• •0• •0910 Map of Easement Area A: i, 10" k Proposed Scenic View & Open Space Eaeemen ( �. F°Z! r 11 FUlura Sunset Ridge Pares 04 3 E55.'0 ft: `` .+ ? ell F ri I � ��:/ �v. iii •I' c - _ r` q�Ii'� �.1� i.- .� J + r Easement Area over Contours 7 7 -.e �4 Propoeo0 Scenic View & O: :pace Ea a mont q State Property!fuluro 9. Ri CO. Park p� „a 'ttt� 1 fac H M � Y ! f !�.N r. tires �, r �a •0• •9• tlwamn(F.d) - 45.000 W &160 10 60000 66 <iYYnM . 66.000 W I'✓ aYlbuwv MOW W tlwamn(F.d) - 45.000 W &160 10 60000 66 MOW 15 . 66.000 W 16.000 -90 MOW W 90.000 -96 d.OW 70 - 95.000 -W 70.OW M - W.000 O6 76.000 -SO O6.OW -40 MOW S5 40OW 45 8!,.OW 9\0 jA ••• ••• • Key Differences Between Resolutions • The inclusion of a Scenic Easement over 197,720 sf of the property. Within such easement: All park uses consistent with OS -A zoning are OK to put in the park, No permanent structures nor pavement is allowed. • The deletion of a requirement that we "profit share" income over $5 million with the State.