HomeMy WebLinkAbout76-58 - Accepting Open Space Easement Between Sunflower Avenue, Bristol Street, and Anton BoulevardRecorded: May 21, 1976
Book 11745
Pages 1197 through 1200
RESOLUTION NO. 76-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA FINDING PUBLIC CONVENIENCE AND NECES-
SITY FOR THE ACCEPTANCE OF AN OPEN SPACE EASEMENT
UNDER THE OPEN SPACE EASEMENT ACT OF 1974; AND
STATING REASONS THEREFOR.
AS
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
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,
considered 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 make
certain findings by resolution (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 3rd day of May, 1976.
Mayor of the ity o Cost
ATTEST:
City Clerk of the City of Cos Mesa
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. 76-55 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof, held on the 3rd
day of May, 1976.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 4th day of May, 1976.
Ci�lerk and ex-ofcior of the
City Council of the City of C to Mesa
i
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CO)APItAD FROM 9XIATINO RZCOAOS
OPEN -SPACE EASEMENT
That portion of the land allotted to James McFadden as described in the
Final Decree of Partition of the Rancho Santiago de Santa Ana, which was
entered September 12, 1868, in Book "B", Page 410 of Judgments of the
District Court of the 17th Judicial district in and for Los Angeles
County, California, described as follows: BEGINNING at the northeast
corner of that certain easement conveyed to the City of Costa Mesa by
deed recorded in Book 11349, Page 378 of Official Records of Orange
County, California, said corner lying on the westerly line of that
certain parcel of land conveyed to the Orange County Flood Control
District by deed recorded in Book 5259, Page 500 of said Official
Records; thence east along the easterly prolongation of the northerly
line of said easement to the City of Costa Mesa a distance of 200.00
feet to a point; thence south 010 23' 25" east along a line parallel to
the said westerly line of the Orange County Flood Control District a
distance of 180.05 feet to a point; thence west along the easterly
prolongation of the most southerly line of said easement conveyed by
deed recorded in Book 11349, Page 378 of said Official Records, a
distance of 200.00 feet to a point; thence north 01° 23' 25" west along
the westerly line of said Orange County Flood Control District right-of-
way a distance of 180.05 feet to the POINT OF BEGINNING.
All as more particularly shown on the map attached hereto and made a
part hereof.
EXHIBIT "B"
Resolution No. 76-58