HomeMy WebLinkAbout01-77 - Approving the Third Amendment to Open Space EasementRESOLUTION NO. d (-r7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, APPROVING THE
THIRD AMENDMENT TO OPEN SPACE EASEMENT.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, On February 27, 1975, South Coast Plaza ("SCP") executed an
Open Space Easement ("Open Space Easement Number I") 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, On March 11, 1976, SCP executed another Open Space
Easement ("Open Space Easement Number II") in favor of Grantee, concerning real
property immediately adjacent to the Property.
WHEREAS, On June 9, 1978, SCP conveyed its fee ownership interest in a
portion of the Property to OTC.
WHEREAS, SCP and OTC, collectively referred to hereafter as Grantor,
desire to modify the boundaries of the Property in order to accommodate
construction of a new hotel.. The revised Property boundary excludes the area to
be used for hotel landscaping.
WHEREAS, Grantee has concluded that such modification of the Property
boundary, in conjunction with modification to the boundary of Open Space
Easement Number II, will neither decrease the combined size of Open Space
Easement Numbers I and II nor interfere with the open space and scenic character
of the Property.
NOW THEREFORE, BE IT RESOLVED as follows:
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
Third Amendment to Open Space Easement.
c. That the City Council of the City of Costa Mesa hereby approves said
Third 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 51h day of November 2001.
ATTEST:
T -
Deputy City CI rk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
r
Mayor of the City of Costa Mesa
APPROVED AS TO FORM
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. O was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof, held on the 51h day of November, 2001,
by the following roll call vote:
AYES: CD LUA-A-) T:)r �Cv.J A6,t/A1-1 A)
NOES: N 0 AJ L' --
ABSENT: D AJ G
hq6 %3c /v S,-) •J S rE EL
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 Cit�)�l
k and ex -officio Clerk of
the City Coof the City of Costa Mesa