HomeMy WebLinkAbout75-17 - Accepting Open Space EasementRESOLUTION NO. 75-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA FINDING PUBLIC CONVENIENCE AND
NECESSITY FOR THE ACCEPTANCE OF AN OPEN SPACE
EASEMENT UNDER THE OPEN SPACE EASEMENT ACT OF
1974; AND STATING REASONS THEREFOR.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS
FOLLOWS:
THAT, WHEREAS, the California Legislature by Chapter 1003 enacted
the Open Space Easement Act of 1974; and
WHEREAS, said Act provides among other things that any tendered
open space easement be first considered by the Planning Commission
(Section 51085, Government Code); and
WHEREAS, the Planning Commission has at a regular meeting con-
sidered the matter of the open space easement, subject of this
Resolution, and has issued its report recommending approval of the same;
and
WHEREAS, it now becomes necessary for the City Council to, by
Resolution, make certain findings (Section 51084, Government Code).
NOW, THEREFORE, BE IT RESOLVED as follows:
THAT the City Council of the City of Costa Mesa accepts the grant
of easement for open space purposes as described in a plat attached to
this Resolution marked Exhibit "A", and by this specific reference made
a part hereof; and as evidenced by a legal description attached to this
Resolution marked Exhibit "B", and by this specific reference made a
part hereof;
BE IT FURTHER RESOLVED that the City Council of the City of Costa
Mesa finds by this Resolution that the preservation of the land as open
space is consistent with the General Plan of the City;
BE IT FURTHER RESOLVED that the preservation of the land as open
space is in the best interests of the City because such land will add to
the amenities of living in neighboring urbanized areas;
BE IT FURTHER RESOLVED that the health, safety, and welfare of the
community will be benefited and preserved by the acceptance of the open
space easement, subject of this Resolution;
BE IT FURTHER RESOLVED that the acceptance hereof is consistent
with the purposes of Article XXXVIII of the Constitution of the State of
California;
BE IT FURTHER RESOLVED that the improvement, maintenance, repair,
upkeep, and all costs in connection therewith shall remain the obliga-
tion of the Grantor;
BE IT FURTHER RESOLVED that subject to reasonable regulations, said
open space easement should be open to the general public for its use and
enjoyment at all times;
BE IT FURTHER RESOLVED that said easement be for a minimum of
twenty-five (25) years;
BE IT FINALLY RESOLVED that pursuant to Section 51087, Government
Code, the City Clerk be instructed to record said easement in the Office
of the County Recorder and to file a copy therewith with the County
Assessor.
PASSED AND ADOPTED this 18th day of February, 1975.
A-440-ew-ww„-
Mayor of the City of Costa Mesa
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa hereby certify that the above and
foregoing Resolution No. 75-17 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof, held on the 18th
day of February, 1975.
IN
WITNESS
WHEREOF I
have
City
Clerk
of the City
of
CostoMesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa hereby certify that the above and
foregoing Resolution No. 75-17 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof, held on the 18th
day of February, 1975.
=
City Clerk and ex -officio Clerk of,)[he
City Council of the City of Cost Vesa
IN
WITNESS
WHEREOF I
have
hereunto
set
my hand
and affixed
the
Seal
of
the
City of
Costa Mesa
this
19th day
of
February,
1975.
r
=
City Clerk and ex -officio Clerk of,)[he
City Council of the City of Cost Vesa
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Res. 75-17
EXHIBIT "A"
T A.
oEEowo.1313 APPROVED sY,D.H.M. Jr.
ACQUISITIONMAP1"THIS 15 NOT A SURVEY BUT IS 19 Is%s
COMPILED FROM [%ISTIN• RECORDS
OPEN SPACE EASEMENT
Those portions of Lots 5, 6, 7, and 8, Tract No. 6358, in the City of
Costa Mesa, County of Orange, State of California, as shown on a map
recorded in Book 233, Pages 16 and 17 of Miscellaneous Maps in the
Office of the County Recorder of said County, described as follows:
BEGINNING at the northwest corner of Parcel "A" as shown on a map
filed in Book 58, Page 9 of Parcel Maps on file in the Office of
the County Recorder of said County; thence along the north line of
said Parcel "A", east 374.94 feet to the northeast corner of said
Parcel "A"; thence along the west line of the land granted to the
Orange County Flood Control District by deed recorded in Book 5259,
Page 500 of Official Records of Orange County, north 01°23'25" west
180.05 feet; thence leaving said west line and parallel to said
north line of Parcel "A", west 529.81 feet to the easterly line of
Bristol Street; thence along said easterly line, south 153.00 feet;
thence east 149.24 feet to the northerly prolongation of the west
line of said parcel "A"; thence along said prolongation, south
27.00 feet to the POINT OF BEGINNING.
Containing 2.10 acres.
All as more particularly shown on the map attached hereto and made a
part hereof.
EXHIBIT "B"
Resolution No. 75-17