HomeMy WebLinkAbout25 - Mariners Joint Use LibraryCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 25
February 26, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Jamie Pollard
949 - 644 -3335 orjpollard @city.newport- beach.ca.us
SUBJECT: Mariners Joint Use Library — Contract No. 3496 — Approval of Deed
Restriction to Comply with State Library Board Grant Requirements
RECOMMENDATIONS:
a) Approve a Deed Restriction on City owned property upon which the Mariners Joint
Use Library is located and authorize the Mayor and City Clerk to sign the Deed
Restriction; and b) authorize the City Clerk to file the Deed Restriction with the County
Recorder's Office for recording.
DISCUSSION:
On October 10, 2006, the City Council accepted the work as completed for the
construction of the Donna and John Crean Mariners Branch Library and Tennis Courts
by Howard S. Wright Construction. The contract provided for the construction of a new
joint use library at Mariners Elementary School. This facility is designed to serve as
both the Mariners Branch Library and the school library for the Mariners Elementary
School of the Newport-Mesa Unified School District (NMUSD) with the purpose of
providing enhanced services for the community and the school. Funding for this project
included a $3.18 million library grant from the State of California. One of the
requirements of receiving State funds is that the City is to provide library direct services
from this facility for a period of 40 years. This term was included in the Cooperative
Agreement between the City and Newport-Mesa Unified School District, which was
approved by the City Council on June 11, 2002, but the restricted use of the building
and land has not yet been recorded in the title record. Staff recommends approval of
the attached Deed Restriction.
Environmental Review:
The project was determined to be exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15332 (Class 32, In -Fill Development Projects) of the CEQA
Implementing Guidelines at the time the project was authorized by the City Council.
Council approved a Notice of Exemption for this project on June 11, 2002.
Prepared by: Submitted a+°
YG Ic d
Jam of and t e . Badum
PW Finance and Administrative Manager bli orks Director
Attachment: Deed Restriction
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663 -3884
[Exempt from Recordation Fee per Government Code Section 27383]
Space above this line for Recorder's use only.
CITY OF NEWPORT BEACH
DEED RESTRICTION ON REAL PROPERTY
UPON WHICH IS LOCATED THE
CITY OF NEWPORT BEACH MARINERS BRANCH LIBRARY
WHEREAS, the State of California has provided California Reading and Literacy
Improvement and Public Library Construction and Renovation Bond Act of 2000
(hereafter "Bond Act ") funds for the acquisition and construction of the new City of
Newport Beach Mariners Branch Library; and
WHEREAS, City owns the property bearing Orange County Assessor's Parcel
Numbers 425- 071 -03 and 425 - 071 -06, which is more particularly described in the Legal
Description attached hereto as Exhibit A and depicted on Exhibit B (hereafter, the
"Property'). The Newport Beach Mariners Branch Library has been constructed on the
Property, in part with monies provided by the State of California with said Bond Act
funds; and
WHEREAS, it is an obligation of the City of Newport Beach, as the recipient of
said Bond Act funding from the State of California, to add to the title of record of such
property certain deed restrictions required by Education Code section 19999 following
completion of the project, such completion having taken place on April 19, 2006; and
WHEREAS, the City of Newport Beach wishes to fulfill its obligations to the State
of California under law and its existing agreements.
NOW THEREFORE, the City of Newport Beach, a California Municipal
Corporation and Charter City, being owner of the land and improvements upon the
Property, more particularly described in the Legal Description attached hereto as
Exhibit A and depicted on Exhibit B, does hereby stipulate, find and pledge as follows:
The State of California has provided funding for acquisition and construction of
the new City of Newport Beach Mariners Branch Library upon the Property utilizing
Bond Act funds granted to the City of Newport Beach under Office of Library
Construction for the State of California, Mariners Branch Library, Contract Number
3496 and Grant Award Number 1038.
The City of Newport Beach bears a legal obligation to have said land and
improvements on the Property be utilized as public library facilities and for direct public
library services for the 40 -year period following completion of the Project which took
place on April 19, 2006, and by this Deed Restriction does hereby agree to and
covenant to so utilize the Property.
Use of the Property contrary to these special restrictions shall constitute a
violation of the terms of the State of California grant referred to above, and no release,
modification, or elimination of these restrictions shall be valid prior to the lapse of the
period set forth above without the express consent of the State of California.
Dated:
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: By:
Aaron Harp, Asst. City Attorney
ATTEST:
By:
LaVonne Harkless, City Clerk
fAuserslpbwlsharedlmariners libraryldeed restriction.doc
Ed Selich, Mayor
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
On
personally appeared
before me,
Notary Public,
R, 174,
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
ment the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
Notary Public in and for said State
OPTIONAL INFORMATION
Title or Type of Document:
Date of Document:
EXHIBIT A
LEGAL DESCRIPTION
MARINERS JOINT USE LIBRARY
The land referred to herein is situated in the State of California, County of Orange, City of
Newport Beach, and is described as follows:
That portion of Lot 164 in Block 53 of Irvine's Subdivision, as shown on a map recorded in
Book 1, page 88 of Miscellaneous Maps:
Beginning at.a point on a line parallel with and southeasterly 30.00 feet from the northwesterly
line of said Lot 164, North 19'48'557 East 706.00: feet fiom the intersection.of said parallel line
with the southeasterly: prolongation of the center line of 18th Street as said center line is shown
on a map of Newport.Heights;:recorded. in Book 4, Page 83. of Miscellaneous .Maps, in the office
of the Couirty Recorder of said'County; thence South.50 °. 11'05" East 50.00 to a point in the
southeasterly line of hvine Avenue, said: point being the westerly corner of the land. quitclaimed
to the City of Newport Beach, described,in Quitclaim Deed recorded January 14, 2003 as
Instrument No. 2003000045872 of Official Records, said point.also being the True Point Of
Beginning; thence South 5001 P05" East 90.00 feet, along the southwesterly boundary of said
Quitclaimed Deed; thence North 39 °48'55" East 10.00 feet along said boundary; thence South
500 1 P05" East 120:99 feet along said boundary; thence North 39 °48'55" East 130.00 feet along
said boundary and the northwesterly line of the land quitclaimed to Newport-Mesa Unified
School District, described in Quitclaim Deed recorded January 14, 2003 as Instrument No.
2003000045873 of Official Records; thence South 5001 P05" East 526.60 feet along the
northeasterly line of said land quitclaimed to Newport-Mesa Unified School District to the
northerly line of Manners Drive, said northerly line being concave southerly and having a radius
of 740.00 feet, a radial line to said point being North 11 04012" West; thence easterly along said
northerly line 110.90 feet through a central angle of 803511 ; thence along said northerly line
North 86 °54'59" East 40.17 feet; thence along the westerly line of Dover Drive North 3003'18"
West 38.29 feet to the beginning of a curve, concave westerly with a radius of 804.00 feet;
thence along said curve and said westerly line 661.35 feet through a central angle of 47 007'47';
thence North 50 °11'05" West along said westerly line 227.00 feet; thence South 39 048'55" West
along the southeasterly line of hvine Avenue 533.70 feet to the True Point Of Beginning.
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MARINERS JOINT USE LIBRARY
x�14
AREA = 6.89 ACRES
APN 425-071-03 AND 425-071-06
SCALE 111 150'