HomeMy WebLinkAbout70-96 - Quitclaim Deed Property for Highway Purposes Contiguous to TeWinkle Parki6,3
RESOLUTION NO. 70-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, APPROVING QUITCLAIM DEED TO DEPARTMENT OF INTERIOR,
UNITED STATES GOVERNMENT, OF CERTAIN PROPERTY CONTIGUOUS TO
TEWINKLE PARK FOR PURPOSES OF HIGHWAY CONSTRUCTION AND PROVIDING
FOR PAYMENT THEREFOR BY THE STATE OF CALIFORNIA AND ESTABLISHING
CONDITIONS THEREFOR.
LTHE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS
FOLLOWS:
THAT WHEREAS, certain property contiguous to Newport Boulevard,
being a part of Costa Mesa TeWinkle Park, is necessary for freeway con-
struction; and
WHEREAS, said parcel is under contract to purchase by the City of
Costa Mesa from the United States Government, Department of Interior,
Bureau of Outdoor Recreation; and
WHEREAS, said agreement provides that said parcel may be used for park
purposes only, unless by consent of said federal agency it may be used for
other purposes; and
WHEREAS, State of California, Department of Public Works, desires to
acquire said parcel for freeway -widening purposes; and
WHEREAS, said state agency is willing to pay the sum of $46,600.00
to the City of Costa Mesa for said parcel; and
WHEREAS, the federal agency is willing to transfer said property
without cost to the State of California for the aforementioned purpose; and
WHEREAS, extensive studies have been made to ascertain whether or not
suitable substitute land is available for purchase of park purposes, and
that no land is available for said purpose; and
WHEREAS, the City agrees to transmit said property to the afore-
mentioned federal agency by Quitclaim Deed, title to pass subject to payment
in the amount of $46,600.00 from the State of California to the City of
Costa Mesa; and
WHEREAS, an escrow will be opened to accomplish said transaction; and
WHEREAS, said escrow terms will provide, among other things, for a
release of funds to the City of Costa Mesa from said escrow when there has
been deposited therein a release of the property from the aforementioned
federal agency, and that said Quitclaim Deed will not be delivered, or if
delivered, shall be conditionally delivered to said federal agency subject
to said payment;
NOW, THEREFORE, BE IT RESOLVED that a Quitclaim Deed, a true copy of
which is attached to this resolution and made a part hereof, be approved by
the City Council upon the conditions and under the terms as heretofore
expressed; and
BE IT FURTHER RESOLVED that said Quitclaim Deed be placed in escrow and
released to the United States Government, Department of Interior, Bureau of
Outdoor Recreation, upon the payment to the City of Costa Mesa in the sum of
$46,600.00 from said escrow; and
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BE IT FURTHER RESOLVED that if said deed must, in the opinion of the
City Attorney, be delivered to the aforementioned federal agency prior to
said payment, that said delivery be deemed conditional upon the aforementioned
payment, and the City Council does by this resolution express and declare
its intention to so conditionally deliver said deed;
BE IT FINALLY RESOLVED that
the staff of the
City of Costa Mesa be
instructed to take such steps as
become necessary
to complete the trans-
Clerk
action herein set forth.
the City
of
Costa esa
PASSED AND ADOPTED this 2nd
day of November,
1970.
of
ATTEST:
Clerk of
the City of Costa Mesa and ex -officio
Clerk of the City Council of the
City of
City
Clerk
of
the City
of
Costa esa
adopted by the City Council of
thereof held on the 2nd day of
Mesa
Mayor
of
the
City
of
Costa
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City
Clerk of
the City of Costa Mesa and ex -officio
Clerk of the City Council of the
City of
City
Clerk
of
the City
of
Costa esa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City
Clerk of
the City of Costa Mesa and ex -officio
Clerk of the City Council of the
City of
Costa Mesa hereby certify that the
above and foregoing Resolution
No. 70-96
was duly and regularly passed and
adopted by the City Council of
thereof held on the 2nd day of
the City of
November,
Costa Mesa at a regular meeting
1970.
IN WITNESS WHEREOF, I have
hereunto
set my hand and affixed the Seal
of the City of Costa Mesa this
3rd day of
November, 1970.
City Clerk and ex -officio Clerk o he
City Council of the City of Costa esa
i