HomeMy WebLinkAbout08 DEEDS & GRANTS 04-03-95MEMORANDUM
TO:
William A. Huston, City Manager
City of Tustin
FROM: City Attorney
DATE:
RE:
March 13, 1995
Adoption of Resolution Providing for the Acceptance of Deeds or Grants
Conveying Interests in Real Property to the City of Tustin
The City's current Resolution authorizing the acceptance of deeds and grants
specifies that only "Ruth C.' Poe", City Clerk, is authorized to accept and consent to the
recordation of such deeds and grants. While the City has been successful in having the
Recorder accept deeds and grants to the City of Tustin that have been approved by the
current City Clerk or the City Manager, we believe it is good housekeeping for the City to
adopt a new Resolution giving the authority to accept such deeds and grants to persons
holding the office of City Manager or City Clerk. Accordingly, we have prepared the
attached Resolution for your consideration and recommendation to the City Council.
Upon approval of this Resolution, we will forward forms for such acceptances to your
office and to that of the City Clerk.
LOIS E. JEFFREN~///
Attachments
cc: Valerie Crabill, Chief Deputy Clerk
1100-00011
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RESOLUTION NO. 95- 39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN AUTHORIZING ACCEPTANCE OF ALL DEEDS OR
GRANTS CONVEYING ANY INTEREST OR RIGHT IN OR
EASEMENT UPON REAL ESTATE TO THE CITY OF TUSTIN
FOR PUBLIC PURPOSES; APPOINTING AND AUTHORIZING
THE CITY MANAGER AND THE CITY CLERK OF THE CITY
OF TUSTIN TO CONSENT TO SUCH DEEDS OR GRANTS AND
TO THE RECORDATION THEREOF ON BEHALF OF THE CITY
AND REPEALING RESOLUTION NUMBER 611.
The City Council of the City of Tustin ("City") hereby resolves
as follows:
WHEREAS, the capital improvement program of the City
contemplates the acquisition from time to time of interests and
rights 'in real estate, including easements thereon, for public
purposes; and
WHEREAS, Section 27281 of the Government Code of the State of
California provides that deeds or grants conveying any interest in
or easement upon real estate to a public corporation or governmental
agency for public purposes shall not be accepted for recordatior
without the consent of the grantee evidenced by its certificate o~
resolution of acceptance attached to or printed on said deed or
grant; and further provides that such political corporation or
governmental agency may, by a general resolution, authorize one or
more officers or agents to accept and consent to any such deeds or
grants; and
WNEREAS, the City Council has previously approved Resolution No.
611 authorizing a named City Clerk to accept and consent to such
deeds and grants; and
WHEREAS, the City Council desires to provide greater flexibility
in the acceptances of such documents by authorizing any person
holding the positions of City Manager or City Clerk to accept and
consent to recordation on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Tustin as follows:
Section 1:
Resolution Number 611 is hereby repealed.
Section 2: That all deeds or grants conveying any interest
in or easement upon real estate to the City for public purposes be
accepted on behalf of the City for recordation, provided the deeds
or grants contain the written acceptanCe of one of the officers of
the City as provided herein.
///
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Resolution No.
Page 2
-39
Section 3: That either the City Manager or the City Clerk
are hereby authorized to accept and to consent to the recordation,
on behalf of the City, of all deeds or grants conveying any interest
in real estate, including any easement thereon, to the City for
public purposes, and each officer is further authorized to signify
such acceptance and consent by written endorsement on such deeds or
grants.
PASSED AND ADOPTED at a regular meeting of the City Council held
on this day of , 1995.
APPROVED:
LOIS E. JEFF~EY~ity ~ttorney
ATTEST:
MAYOR
MARY E. WYNN, City Clerk
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$0
EB 03 '95 09:01~ CITY rUSTIH
·
RESOLUTION NO./j_~_
A RESOLUTION OF THE CITY COUNCIL OF Tt~ CITY OF
TUSTIN, AUTHOKIZING ACCEPTANCE OF ALL DEEDS OR
GRANTS CONVEYING ANY IbFfEILEST OR RIGHT IN .OR EASE-
MENT UPON REAL ESTATE TO THE CITY OF TUSTIN FOR
~UBLIC PURPOSES; APPOINTING AND AUTHOR~ZING TH~
CITY CLEKK OF THE CITY OF TUSTIN TO CONSENT TO
SUCH DEEDS OK GRANTS AND TO THE KECORDATION THEREOF
ON BEIiALF OF Tt~ CITY.
WI{EREAS, ~he program of developmen~ of the City of Tust£n
contemplaces the acqu~sition from time to' time of interests and
rights in real estate and of easements, rights and rights of way
therein and thereon for public purposes; and
WI{E ,REAS Section _27.2_.8. i_.of the Government Code of ~he State
of California provides that Deeds or Grants conYeyin§ a_ny interes.t
_i.n or easement u__pon real estate to a public corporation or governme~
a_~ency for public purposes shall not be accepted for recordation
without the consent of the Erantee evidenced by its resolution of
acceptance attached to said Deed or Grant; and further provides =hat
such public aEency may, by a ~eneral resolution, appoin~ and authori=
an offiuer or a§ent to accept any such deeds or ~rants; and
WHEREAS t~ City of Tustin has approved the procedure where'
all such interests in real estate, easements, rights and rights ~f
way shall be checked and approved,
NOW, THEREFORE, BE IT RES~VED by the City Council of the
City of Tustin as follows:
Section 1: That all Deeds or Grants conveying any interest
in or easemen~ upon real estate to the City of Tustin for public pur-
poses be and the same hereby, is accepted for said City for .recorda-
tion, provided said Deeds or Grants contain thereon the written
acceptance of the officer or agent of said City as hereinafter pro-
vided. ' '~''
Section 2: That kuth C. Poe, the City Clerk of the City of
Tusttn be and she~hereby is authorized to accept and to consent :o
recordation on behalf of the City of Tustin all Deeds or Grants con-
veying any real estate'or interest therein or easement thereon to the
City of Tu~tin for public purposes, and she is further hereby author/
to signify such acceptance and consent by written endorsement thereo~
on said Gran~s, ·
PASSED AND ADOPTED a~ a regular meeting of the City Council
Y I
,~ed
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2B 03 '95 89:[~?.P~ CITY
,
,
held on the 16t___~hday
ATTEST
CITY ~%.L~RI{
STATE OF CALIFORNIA )
COUNTY OF ORANGE,
CITY OF TUSTIN, SS.
RLrfH C. POE, City Clerk and ex-officio Cleric of the City
Council of the City of Tustin, California, does hereby certify that
the whole number of the members of the City Council of the City of
Tustin is five; that the above and foregoing Resolution was duly
and regularly introduced, read, passed and adopted at a regular
meeting of the City Council held on the 16_~hday of~, 1962,
by the following vote,
AYES: C OUNCIL~gZNDoney, _She rJ.da~,__H~m ~tgn,. Mack: Klin,~elhofer
NOES: COUNCILMEN None
ABSENT: COUNCILMEN None'
\ciTY c~z~.~_-~r_ .-.~--~.
Ci~y o~ Tustin, California
714 832 0825 02-03-95 0g:02AM P004 ~21