HomeMy WebLinkAbout01-76 - Approving the First Amendment to Open Space EasementRESOLUTION NO. f
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OFCOSTA MESA, CALIFORNIA, APPROVING THE FIRST
AMENDMENT TO OPEN SPACE EASEMENT.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, On March 11, 1976, South Coast Plaza ("SCP") executed an
Open Space Easement ("Open Space Easement Number II") in favor of the City of
Costa Mesa ("Grantee"), concerning the real property more fully described in
Exhibit A to the Open Space Easement (the "Property").
WHEREAS, Previously, on February 27, 1975, SCP executed another Open
Space Easement ("Open Space Easement Number I") in favor of Grantee,
concerning real property adjacent to the Property.
WHEREAS, On December 10, 1999, SCP executed a Grant Deed conveying
its fee ownership interest .in the Property to OCPAC.
WHEREAS, On August 31, 2001, OCPAC executed a Quit Claim 'Deed
conveying its fee ownership interest in a portion of the Property to SCR.
WHEREAS, OCPAC and SCR, collectively referred to hereafter as Grantor,
desire to modify the boundaries of the Property in order to accommodate
expansion of the South Coast Repertory Theater ("Theater"). The revised Property
boundary excludes the area to be used for the Theatre expansion and includes
new property adjacent to the Property.
WHEREAS, Grantee has concluded that such
boundary will neither decrease the combined size
Numbers I and II nor interfere with the open space
Property.
NOW THEREFORE, BE IT RESOLVED as follows:
modification of the Property
of Open Space Easement
and scenic character of the
Section 1: The City Council hereby finds and determines:
a. That the preservation of the land as open space is consistent with the
City's general plan.
b. That the preservation of the land as open space is in the City's best
interest because it is in the public interest that the land be retained as open space
because such land has scenic value of the surrounding area, adds to the amenities
of the surrounding area and that the public interest will otherwise be served in a
manner consistent with the purposes stated in the Open Space Easement and the
First Amendment to Open Space Easement.
c. That -the City Council of the City of Costa Mesa hereby approves said
First Amendment to Open Space Easement incorporated herein by this reference.
Section 2: The City Clerk shall certify to the adoption of the Resolution.
PASSED AND ADOPTED this 5th day of November, 2001.
ATTEST:
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Deputy City erk of the City of Costa Mesa
STATE OF CALIFORNIA- )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
Mayor of the City of Costa Mesa
APPROVED ASTO ORM
'CITY ATT KN�
EY
I, MARY T. ELLIOTT, Deputy 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. 01-7o was duly and regularly passes and adopted by the said
City Council at a regular meeting thereof, held on the 5th day of November, 2001,
by the following roll call vote:
AYES: C o twA ,Jl� a,v� Mo,✓f+�A�;
NOES: �JoA)E
ABSENT: n10,vE
120 iso �J, Z5. —IL -W I—
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
-of the City of Costa Mesa this 6th day of November, 2001.
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Deputy City C rk and ex -officio Clerk of
the City Council of the City of Costa Mesa