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 CITY COUNCIL AGENDA ITEM NO. 6

Meeting Date: October 9, 2001 


Subject/Title: Quitclaim a Storm Drain Easement shown on Brookfield Homes Unit 6, Subdivision 8322 Final Map to Brookfield Brentwood Lakes, LLC and Len-Nautical Pointe, LLC. 

Submitted by: J. Stevenson/M. Kirby


Approved by: Jon Elam, City Manager

RECOMMENDATION
Approve 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 Storm Drain Easement lying within Lots 27 through 33, inclusive, 47 through 49, inclusive, 51 through 56, inclusive and 116 through 118, inclusive as shown on Subdivision Map No. 8322, filed August 9, 2000, in Book 422 of Maps, Page 34, Contra Costa Records, generally located north of Balfour Road and west of Concord Avenue, and conveying whatever interest the City may have in said Storm Drain Easement to Brentwood Lakes, LLC, a Delaware Limited Liability Company and Len-Nautical Pointe, LLC, Delaware Limited Liability Company as their interests may appear, their successor and/or assigns as described in Exhibit A attached.

PREVIOUS ACTION
On July 25, 2000, by City Council Resolution No. 2117, the Council approved the Final Map of Subdivision No. 8322, Brentwood Lakes Unit 6, located north of Balfour Road and west of Concord Avenue, accepting the offers of dedication shown thereon subject to acceptance of improvements, accepting the improvement security, approving the subdivision improvement agreement, and authorizing the Mayor and City Clerk to execute same. 

BACKGROUND
The Final Map of Subdivision 8322, Brentwood Lakes Unit 6, shows Storm Drain Easements across Lots 27 through 33, inclusive, 47 through 49, inclusive, 51 through 56, inclusive and 116 through 118, inclusive dedicated to the City of Brentwood. However, the City does not maintain storm drains across private lots. Therefore, the City requested Private Storm Drain Easements be recorded across said lots, which will be maintained by the homeowners. The Private Storm Drain Easements have been recorded and we are now ready to Quitclaim the Storm Drain Easements dedicated on said map.

FISCAL IMPACT
None.

Attachments:
Resolution
Easement Quitclaim Deed
Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD 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 STORM DRAIN EASEMENT LYING WITHIN LOTS 27 THROUGH 33, INCLUSIVE, 47 THROUGH 49, INCLUSIVE, 51 THROUGH 56, INCLUSIVE AND 116 THROUGH 118, INCLUSIVE AS SHOWN ON SUBDIVISION MAP NO. 8322, FILED AUGUST 9, 2000, IN BOOK 422 OF MAPS, PAGE 34, CONTRA COSTA RECORDS, GENERALLY LOCATED NORTH OF BALFOUR ROAD AND WEST OF CONCORD AVENUE, AND CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN SAID STORM DRAIN EASEMENT TO BRENTWOOD LAKES, LLC, A DELAWARE LIMITED LIABILITY COMPANY AND LEN-NAUTICAL POINTE, LLC, DELAWARE LIMITED LIABILITY COMPANY AS THEIR INTERESTS MAY APPEAR, THEIR SUCCESSOR AND/OR ASSIGNS AS DESCRIBED IN EXHIBIT A ATTACHED.


WHEREAS, on July 25, 2000, by City Council Resolution No. 2117, the City Council approved the Final Map of Subdivision No. 8322, Brentwood Lakes Unit 6, located north of Balfour Road and west of Concord Avenue, accepting the offers of dedication shown thereon subject to acceptance of improvements, accepting the improvement security, approving the subdivision improvement agreement, and authorizing the Mayor and City Clerk to execute same; and

WHEREAS, the City does not maintain storms drains across private lots; and

WHEREAS, private Storm Drain Easements have been recorded on said lots; and

WHEREAS, an Easement Quitclaim Deed is necessary for the City to terminate City interest in the Storm Drain Easement lying within Lots 27 through 33, inclusive, 47 through 49, inclusive, 51 through 56, inclusive and 116 through 118, inclusive as shown on Subdivision Map No. 8322, filed August 9, 2000, in Book 422 of Maps, Page 34, Contra Costa Records, generally located north of Balfour Road and west of Concord Avenue, and conveying whatever interest the City may have in said Storm Drain Easement to Brentwood Lakes, LLC, a Delaware Limited Liability Company and Len-Nautical Pointe, LLC, Delaware Limited Liability Company as their interests may appear, their successor and/or assigns as described in Exhibit A attached.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that said Offer of Dedication designated as Storm Drain Easement on said Final Map Subdivision No. 8322 (as described in the attached Quitclaim Deed) are hereby vacated.

BE IT FURTHER RESOLVED that the Mayor and City Clerk or their designees are authorized to execute the Easement Quitclaim Deed conveying title to Brentwood Lakes, LLC, a Delaware Limited Liability Company and Len-Nautical Pointe, LLC, Delaware Limited Liability Company as their interests may appear, their successor and/or assigns on behalf of the City.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of October, 2001 by the following vote:

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