CITY COUNCIL AGENDA ITEM NO. 6
Meeting Date: February 13, 2001
Subject/Title: Disposition of Sub-Surface Mineral Rights--Subdivision 8226
Submitted by: Dennis Beougher
Approved by: Jon Elam, City Manager
Authorize the City Manager to execute all appropriate documents, including the attached Quit Claim, to dispose of sub-surface minerals rights mistakenly granted to City by Owner's Statement, Subdivision 8226.
The City was informed recently that the sub-surface mineral rights were relinquished by mistake to the City by the Owner's Statement for Brentwood Park, Subdivision 8226. The City does not require dedication of such real property interests, except as to water rights and staff agrees that it was a mistake. The City Manager is authorized to accept real property interests, but only the City Council can relinquish, dispose, sell, or lease real property interests.
Pursuant to Gov. Code §66477.5[c], if a city has determined that the same public purpose for which the subdivision dedication was required does not exist, the City is required to reconvey the property interest to the subdivider or its successor in interest. Therefore, it is appropriate to authorize the City Manager to execute all appropriate document to dispose by grant or quit claim to the original subdivider (Pulte Home Corporation) the sub-surface mineral rights dedicated to the City by the Owner's Statement, Subdivision 8226.
Attachment: Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING CITY MANAGER TO EXECUTE ALL APPROPRIATE DOCUMENTS TO DISPOSE OF SUB-SURFACE MINERAL RIGHTS GRANTED BY SUBDIVISION 8226
WHEREAS, the City Council accepted on November 28, 2000 the dedication of sub-surface mineral rights granted by Owner's Statement, Subdivision 8226;
WHEREAS, the City Council does not require dedication of such sub-surface mineral rights and the subdivider mistakenly dedicated such real property interests to the City by its Owner's Statement, Subdivision 8226;
WHEREAS, pursuant to Gov. Code §66477.5[c], the City is required to reconvey the property interests if the City Council determines that the same public purpose for which the subdivision dedication was required does not exist.
NOW, THEREFORE BE IT RESOLVED
The City Council of the City of Brentwood authorizes the City Manager to execute all documents, including the attached Quit Claim Deed, in order to reconvey or dispose of its interest in the sub-surface mineral rights granted by Owner's Statement, Subdivision 8226, and recorded in Contra Costa Recorder's Office, Book 727, page 1-16, on December 18, 2000, Doc. No. 2000-0283121-00.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 13h day of February 2001 by the following vote: