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REQUEST FOR COUNCIL ACTION

11/23/99

                    9

DATE

ITEM NUMBER

ORIGINATING DEPARTMENT

AGENDA ITEM

CITY MANAGER'S REVIEW

Engineering

J. Stevenson/M. Kirby

Quitclaim Roads “C” and “D” of Brentwood Irrigation Farms #4 to various property owners

PREVIOUS ACTIONS:

None

RECOMMENDED COUNCIL ACTION:

Passage of a Resolution authorizing the Mayor and City Clerk or their designees to execute a Quitclaim Deed and any other documents necessary to terminate City interest in the Offer of Dedication of Roads “C” and “D” as shown upon that certain final map entitled  “Subdivision Number Four of Brentwood Irrigation Farms”, filed September 11, 1917, in Book 16 of Maps, at Page 325, Contra Costa County and conveying whatever interest the City may have in said roads to property owners designated in Exhibit “B” attached, only as said Roads may affect each owner’s property.

COMMENTS:

Signature Properties, Inc. has requested that the City quitclaim its interest in the Offer of Dedication of Roads “C” and “D” as shown upon that certain final map entitled  “Subdivision Number Four of Brentwood Irrigation Farms”, filed September 11, 1917, in Book 16 of Maps, at Page 325, Contra Costa County and not accepted by action of the Contra Costa County Board of Supervisors on September 4, 1917, as shown on said map.

Further, said Offer of Dedication has not been subsequently accepted by the City of Brentwood [a successor jurisdiction to the Board of Supervisors].  It has been determined that these roads are not required by the City. 

Attachments:

                Resolution No. 99-____

                Quitclaim Deed

               Site Map

RESOLUTION NO. 99-_____

A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OR THEIR DESIGNEES TO EXECUTE A QUITCLAIM DEED AND ANY OTHER DOCUMENTS NECESSARY TO TERMINATE CITY INTEREST IN THE OFFER OF DEDICATION OF ROADS “C” AND “D” AS SHOWN UPON THAT CERTAIN FINAL MAP ENTITLED  “SUBDIVISION NUMBER FOUR OF BRENTWOOD IRRIGATION FARMS”, FILED SEPTEMBER 11, 1917, IN BOOK 16 OF MAPS, AT PAGE 325, CONTRA COSTA COUNTY AND CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN SAID ROADS TO PROPERTY OWNERS DESIGNATED IN EXHIBIT “B” ATTACHED, BUT ONLY AS SAID ROADS MAY AFFECT EACH OWNERS PROPERTY.

            WHEREAS, an Offer of Dedication of Roads “C” and “D” upon Subdivision Number Four of Brentwood Irrigation Farms, filed September 11, 1917, in Book 16 of Maps, at Page 325, was not accepted by the action of the Contra Costa County Board of Supervisors; and

            WHEREAS, said Offer of Dedication has not been subsequently accepted by the City of Brentwood [a successor jurisdiction to the Board of Supervisors]; and

            WHEREAS, it has been determined that said Roads “C” and “D” are not required, under the City’s General Plan, for future transportation corridors; and

            WHEREAS, Section 66477.2(c) of the Subdivision Map Act provides for the Quitclaim Deed conveyance to terminate an unaccepted Offer of Dedication; and

            WHEREAS, the California Streets and Highways Code at Sections 8330 & 8334(a) define when a summary vacation may be accomplished for an unaccepted Offers of Dedication; and

            WHEREAS, Signature Properties, Inc. has requested vacation and conveyance of said Roads “C” and “D”.

            NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, that said Offer of Dedication for Roads “C” and “D” [as described in the attached Deed] are hereby vacated.

            BE IT FURTHER RESOLVED that the Mayor and City Clerk or their designees are authorized to execute the Quitclaim Deed conveying title to property owners designated in Exhibit “B” of said Quitclaim Deed on behalf of the City.

            PASSED by the City Council of the City of Brentwood, at its regular meeting of November 23, 1999, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:                                                                      APPROVED:                                      

___________________________                              ___________________________

Karen Diaz, CMC                                                         Quintin L. Kidd

City Clerk                                                                     Mayor

City Administration
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