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HomeMy WebLinkAbout84-20 - Accepting Open-Space Easement in Tract 10950Recorded February 14, 1984 Document No. 84-063394 RESOLUTION NO. 84-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND ACCEPTING DEDICATIONS OF OPEN -SPACE EASEMENT IN TRACT 10950. WHEREAS, Sakioka Farms, Incorporated, and Royale Associates have offered to grant to the City certain property in Tract 10950 as an open - space easement pursuant to the Open -Space Easement Act of 1974 (California Government Code Section 51070, et seq.); and WHEREAS, the Development Services Department of the City has reviewed the offer and found it to be consistent with the City's General Plan; and WHEREAS, the City Council wishes to approve and accept this property as an open -space easement; NOW, THEREFORE, the City Council of the City of Costa Mesa resolves, finds, and declares as follows: 1. The preservation of this property as open -space is consistent with the City's General Plan. 2. It is in the best interest of the City to preserve this property as open -space because that will add to the amenities of living, work- ing, shopping, and relaxing in the neighboring urbanized areas. 3. The grant of this open -space easement of the property described in and according to the terms, conditions, and covenants contained in that document entitled Open -Space Easement, dated February 6, 1984, a copy of which is attached and incorporated herein, is hereby approved and accepted. PASSED AND ADOPTED this 6th day o�February, X984. of the Cftv of Costa Mesa ATTEST: City Clerk of the City of CostV11esa 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 fore- going Resolution No. 84-20 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 6th day of February, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 7th day of February, 1984. City Clerk and ex -officio Clerkthe City Council of the City of Cos a Mesa 3 OPEN -SPACE EASEMENT This Open -Space Easement is made this 6th day of February, 1984, by ROYALE ASSOCIATES, a California general partnership ("Grantor") and SAKIOKA FARMS, INC., a California corporation ("Co -Grantor"), in favor of the CITY OF COSTA MESA ("Grantee" or "City"). RECITALS A. Co -Grantor is the owner of fee and Grantor is the owner of a leasehold interest in Lot A of Tract No. 10950 as shown on a map filed in Book 515, Pages 1 to 8, inclusive, of Miscellaneous Maps in the office of the County Recorder of Orange County (the "Property"). The Property is open space land and is being landscaped and improved by Grantor to preserve its open space character and to provide a scenic character which will add to the amenities of living in neighboring urbanized areas. B. Grantor and Co -Grantor are willing as a gift to Grantee, by means of this Open -Space Easement, to restrict, in perpetuity, the future use of the Property for public enjoyment of the natural and scenic charac- ter of the Property. C. Grantee has deternnined that the preservation of the Property as open space for Passive Recreation Purposes is consistent with Grantee's open -space plan, is in Grantee's best interests, and is important to the public for the enjoyment of scenic beauty and because it will add to the amenities of living in neighboring urbanized areas. DEFINITIONS (1) "Association" means The Lakes - Costa Mesa Master Associa- tion, a to be formed California nonprofit mutual benefit corporation, its successors and assignees respecting Lots 11, 12, 13, 14, and Lot A of Tract No. 10950. (2) "City" means the City of Costa Mesa. (3) "Lot" means any of Lots 11, 12, 13, or 14 of Tract 10950 as shown on a map filed in Book 515, Pages 1 to 8, inclusive, of Miscel- laneous Maps in the office of the County Recorder of Orange County. (4) "Owner" means a person or entity which holds fee simple title -to a Lot; provided, however, that (i) during the terns of any ground lease ("Lease") of such Lot for an original term of not less than ten years (including any options to extend), the lessee thereunder, and not the fee title owner, shall be considered the Owner of such Lot, and (ii) during the tern of any ground sublease ("Sublease") of such Lot for an original tern of not less than five years (including any options to extend), the sublessee thereunder, and not the fee title owner, nor the sublessor under the Sublease, of such Lot, shall be considered the Owner of such Lot. (5) "Passive Recreation Purposes" means walking, picnicking, the holding of musical events, shows, and similar events and similar uses. Passive Recreation Purposes does not include organized team sports such as baseball, football, basketball, soccer, or other similar active recrea- tional activities, wading, swimming, boating, sailing, or any activity taking place on or in the water of the lake. Attachnnent for Resolution No. 84-20 Page 1 of 5 H I Cels ►`���iTaf�i:�Ya�ui��rr' NOW, THEREFORE, as a gift without the payment of any canpensation therefor, Grantor and Co -Grantor do hereby grant to the City a perpetual open -space easement in the Property for Passive Recreation Purposes to the extent hereinafter set forth, which easement shall result fran the relin- quishment of rights set forth below and frau the covenants set forth below, all of which are declared and agreed upon for the purpose of maintaining, preserving, conserving and otherwise continuing in existence the open -space character of the Property. All of said covenants and relinquishments shall run with the land and shall be binding upon all parties hereafter acquiring any right, title, interest or estate in the Property or any portion thereof, whether as sole owners, joint owners, lessees, tenants, licensees, permit- tees, occupants or otherwise. It is the intent of the parties that this Open -Space Easement be "enforceably restricted" within the meaning of Article XIII, Section 8 of the Constitution of the State of California, as provided for in Chapter 6.6 of Part 1 of Division 1 of Title 5 of the Government Code of California, cammencing with Section 51070, and as refer- red to in Section 422, Article 1.5, Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code. II RELINQUISHMENTS AND COVENANTS Grantor and Co -Grantor hereby relinquish to the public in perpetuity, the right to construct or permit the construction of any improvements on the Property except as expressly reserved in this instru- ment. Grantor and Co -Grantor, when it is an Owner, also covenant with Grantee not to construct or permit the construction of any improvements on the Property, except those for which the rights are expressly reserved in this instrument (such reservation not being incompatible with maintaining and preserving the natural or scenic character of the Property). Grantor also covenants to improve and landscape the Property as provided below in paragraph III.1, and Grantor and Co -Grantor, while Co -Grantor is an Owner, covenant to preserve it as open space, to maintain, repair, restore and reconstruct the landscaping and improvement on the Property and to keep them safe, clean, and esthetically pleasing and use- able for Passive Recreation Purposes. It is understood that these mainte- nance activities may be carried out by the Association. III RIGHTS RESERVED BY GRANTOR Grantor and Co -Grantor except from the foregoing relinquishments and covenants, and reserve unto themselves and their respective successors and assigns, the following: 1. The right to improve the Property, in accordance with the approved preliminary and final development plans for The Lakes - Costa Mesa pursuant to City zone exception permit No. ZE-83-156 as the same may Attaclinent for Resolution No. 84-20 Page 2 of 5 5 be amended frau time to time, the recorded final subdivision map covering the Property and construction plans for The Lakes - Costa Mesa urban park, pages 59 through 78, inclusive, and pages 83 through 86 prepared by POD, Inc. and Psamas Engineering as prescribed for Plat A of Tract 10950. 2. After consultation with and obtaining the concurrence of City Manager, or his designee, to construct, install, restore and improve any and all other improvements which may be necessary or useful for or incidental to the open -space or scenic character of the Property. If Grantor and the City Manager, or his designee, are unable to agree within a reasonable time on the disposition of any matter as to which they are required to consult and concur as provided above, such matter may be referred by either party to the City Council of Costa Mesa for detennina- tion, which determination shall be final and binding upon both the Grantor and Grantee. 3. The rights (a) to maintain, repair, restore and reconstruct all landscaping and all improvements and facilities presently located on the Property or to be located thereon as specified in Paragraphs 1 and 2 above, and (b) to construct, provide, install, maintain, repair, restore, replace, expand, use and operate underground utilities and other under- ground facilities and improvements. 4. The nonexclusive right of the owners of Lots 11, 12 and 13 to use the Property for (i) the placement of benches, chairs and tables, the operation of outdoor cafes, the maintenance of kiosks, the holding of fashion shows, musical events, shows, and similar events provided that all requirements of the rules and regulations of the Association are satisfied and (ii) such other activities as may be authorized frau time to time by the rules and regulations of the Association or by the board of directors of the Association; provided, however, that no activity authorized by clauses (i) and (ii) shall be allowed (A) if found by the City to inter- fere with the public's right to use the Property as provided herein, or (B) unless any City permit required for such activity is obtained. The scheduling of all planned activities, such as fashion shows and musical events, shall be done by and through the City Department of Leisure Services in order to avoid any conflicts between activities. 5. The right of each Owner of a Lot served by utility connec- tions, lines or facilities, including, but not limited to, those for water, electric, gas, sanitary sewer, telephone, cable T.V., and drainage, to enter under and through the subsurface of the Property to the full extent necessary by the appropriate utility companies where such connections, lines or facilities may be located for repair, replacement and maintenance thereof pursuant to the direction of the Association, subject, however, to the obligation of any such Owner to restore the Property and the landscap- ing and improvements therein to their condition existing prior to any such work. 6. The right of each Owner to enter upon the Property, if necessary, for the construction of any improvements on Lots 11, 12, 13 or 14 and for normal maintenance of or repair of damage or destruction to any improvements constructed by them frau time to time on the Lots, subject however, to the obligation of any such Owner to restore the Property and the landscaping and improvements therein to their condition existing prior to any such work. Such right is also subject to such Owner taking all reasonable safety measures to protect the public. Such Owner may, and shall if necessary to protect the public, build and maintain temporary construction fences within the Property located up to the most immediately adjacent sidewalk but not to exceed 20 feet from the lot line of such Owner's Lot. The rights so reserved shall be utilized so as to cause the least interference practicable with other Owners and the public's continued use and enjoyment of the Property. Attachment for Resolution No. 84-20 Page 3 of 5 N 7. The right of each Owner of a Lot abutting and adjoining the Property to architecturally encroach up to 6 feet into the air space but not closer than 8 feet to the ground of the Property adjacent and contiguous to such Lot, including, by way of illustration and not limita- tion, the right to have architectural projections such as balconies, bay windows, and roof over -hangs project into said air space. 8. The right of each Owner to use and maintain encroachments on the Property due to settlement or shifting of buildings or other improve- ments, original construction errors or any other similar causes, so long as said encroachments exist and do not exceed 3 feet; however, no such right shall exist for any encroachment which has resulted frau the willful con- duct of the Owner of a Lot. IV TF:RMTNATTnN This Open -Space Easement may be terminated in the manner provided in the Open -Space Easement Act of 1974 as it now exists whether or not it is subsequently amended. IN WITNESS WHEREOF, ROYALE ASSOCIATES, as Grantor and SAKIOKA- FARMS, INC., as Co -Grantor, have executed this instrument as of the date first -above written. ROYALE ASSOCIATES, a California general partnership By SUNFLOWER ASSOCIATES, a California general partnership, a general partner of Royale Associates By SC ENTERPRISES, a California limited partnership, a general partner of Sunflower Associates By Shurl Curci, a General Partner of SC Enterprises SAKIOKA FARMS, INC., a California corporation By Jack T. Sakioka, President By Johnny K. Sakioka, Vice -President Accepted by Resolution of the City Council of Costa Mesa, County of Orange, California, on the 6th day of February, 1984. Resolution No. 84-20. CITY OF COSTA MESA By Donn Hall, Mayor APPROVED AS TO FORM: By Tan Wood, City Attorney ATTEST: Eileen P. Phinney, City Clerk of the City of Costa Mesa Attachment for Resolution No. 84-20 Page 4 of 5 STATE OF CALIFORNIA SS. On January 12, 1984, before me, BETTY H. KAWABE, a Notary Public in and for the State of California, personally appeared Jack T. Sakioka and Johnny K. Sakioka, personally known to me, or proved to me on the basis of satisfactory evidence, to be the persons who executed the within instrument as the President and Vice President of Sakioka Farms, Inc. on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its Bylaws or a resolution of its Board of Directors. BETTY H. KAWABE Notary Public for the State of California STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) On January 16, 1984, before me, ROSEMARIE L. NEEDHAM, a Notary Public in and for the State of California, personally appeared Shurl Curci, personally known to me, or proved to me on the basis of satisfactory evi- dence, to be the general partner of SC Enterprises, a California limited partnership, which limited partnership is personally known to me or proved to me on the basis of satisfactory evidence, to be one of the partners of Sunflower Associates, a California general partnership, which general partnership is personally known to me or proved to me on the basis of satisfactory evidence, to be one of the general partners of Royale Asso- ciates, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that he executed the same as general partner of the first above named partnership and that said limited partnership executed the same as a general partner of Sunflower Associates, and that said general partnership executed the same as the general partner of Royale Associates and that said last named partnership executed the sane. ROSEMARIE L. NEEDHAM Notary Public for the State of California Attachment for Resolution No. 84-20 Page 5 of 5