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HomeMy WebLinkAbout72-49 - Amendment to Quitclaim Deed for TeWinkle ParkRESOLUTION NO. 72-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONSENTING TO AN AMENDMENT OF THE QUITCLAIM DEED BETWEEN THE UNITED STATES OF AMERICA, ACTING THROUGH THE ADMINISTRATOR OF GENERAL SERVICES, AND THE CITY OF COSTA MESA, DATED APRIL 28, 1960, AND SETTING FORTH THE REASONS THEREFOR. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: THAT, WHEREAS, on or about April 28, 1960, the United States of America, acting through the Administrator of General Services, Quitclaim certain real property in the City of Costa Mesa to the City of Costa Mesa, which said Quitclaim Deed was recorded in Book 5286, page 297, Document No. 104485 Records of Orange County; and WHEREAS, said real property heretofore described is known as TeWinkle Park; and WHEREAS, the State of California has heretofore requested a portion of said TeWinkle Park on its easterly boundary for the construction of the Newport Freeway; and WHEREAS, tentative agreements were reached between the State of California and the City of Costa Mesa concerning said property, and compensation therefor, subject to the terms of the aforementioned Quitclaim Deed; and WHEREAS, the regulations of the General Service Administration for the United States of America do not permit the City to collect considera- tion for a conveyance of the State of California; and WHEREAS, regulations of the United States Department of Interior, Bureau of Outdoor Recreation, having joint jurisdiction with General Service Administration, do not permit the use of the abrogation provi- sions of the Federal Property and Administrative Service Act of 1949; and WHEREAS, these two departments of the United States Government have informally agreed to allow the transfer to the State of California for the original compensation agreed upon between the City of Costa Mesa and the State of California, under certain conditions; and WHEREAS, said conditions are that the City extend the Park and Recreation Dedication of TeWinkle Park to perpetuity, through a deed revision of the aforementioned deed, and to dedicate the proceeds obtained for the property sold to park development. NOW, THEREFORE, BE IT RESOLVED that the City of Costa Mesa by this resolution agrees to amendment of the Quitclaim Deed, dated April 28, 1960, and recorded as aforesaid to provide that the Park and Recreation Dedica- tion contained therein, be extended to perpetuity. BE IT FURTHER RESOLVED that any proceeds obtained by reason of the transfer of any of the aforementioned property to the State of California for Highway and Freeway purposes, will be used solely and exclusively for park development. PASSED AND ADOPTED this 5th day of June, 1972. M or of the City of Costa Mesa ATTEST: &4-� p p 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. 72-49 was duly and regularly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting thereof held on the 5th day of June, 1972. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa, this 6th day of June, 1972. City Clerk and ex -officio Clerk the City Council of the City of Cos Mesa