City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

Past Agendas

 CITY COUNCIL AGENDA ITEM NO. 14


Meeting Date: September 10, 2002

Subject/Title: Approve a Resolution authorizing necessary related actions to comply with transfer of title from the City of Brentwood to the State of California (Caltrans) for a portion of the roadway along Brentwood Boulevard (Highway 4) necessary for the Sunset Road Realignment, CIP Project No. 336-3012. 

Submitted by: Engineering: B. Grewal/M. Kirby

Approved by: John Stevenson, City Manager



RECOMMENDATION
Approve a Resolution approving the following actions: (1) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed conveying whatever interest the City may have in an Offer of Dedication as shown upon that certain Parcel Map entitled “MS 354-01”, filed in Book 181 of Parcel Maps at Page 1, to Lee E. Laird, Jr. and Jane Ann Laird, and any other documents necessary to terminate City interest in the dedication, as may be needed to complete the transfer; (2) authorizing the Mayor or City Manger and City Clerk or any of their designees to accept a Grant Deed from Lee E. Laird, Jr. and Jane Ann Laird and any other documents as may be needed to convey the offer of dedication described on said Parcel Map entitled “MS 354-01”, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute any documents necessary to complete the transaction; (3) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Grant Deed conveying to the State of California (Caltrans) said described property referred to as an Offer of Dedication on Parcel Map entitled “MS 354-01, and any other documents necessary to complete the transaction. 

PREVIOUS ACTION
On February 8, 2000, by Resolution No. 2011, the City Council approved the Design Contract with Carlson Barbee and Gibson for the Sunset Road Realignment Project, CIP Project No. 336-3012.

On May 7, 2002, by Resolution No. 02-18, the Planning Commission confirmed that the proposed 2002/03 – 2006/07 Capital Improvement Program (CIP) is consistent with the adopted General Plan of the City of Brentwood as required by Section 65401 of the Government Code.

On May 28, 2002, by Resolution No. 2549, the City Council adopted the City’s 2002/03 – 2006/07 Capital Improvement Program that included the Sunset Road Realignment Project, CIP Project No. 336-3012.

BACKGROUND
This is strictly a housekeeping item to comply with Caltrans interpretation of acceptance of dedications in order for Caltrans to approve the plans for Sunset Realignment and issue an encroachment permit. 

Upon review of the transfer documents from the City to the State, Caltrans Right of Way Engineer does not recognize the acceptance of a fee title right of way dedicated on Parcel Map MS 354-01 filed on July 19, 2001, in Book 181 of Parcel Maps at Page 1, (Highway 4 widening located at Sunset Road) by the City of Brentwood. Caltrans Right of Way Engineer views it as an easement as the verbiage does not meet their requirements. Caltrans mandates that any transfer of land be “in fee simple absolute”. Since this terminology was not used on the original dedication by the above map, we need to Quitclaim the accepted dedication back to Lee E. Laird, Jr. and Jane Ann Laird. The Lairds will then execute a Grant Deed to the City for this land. After this occurs, then the City will dedicate what is needed to the State, which is the roadway widening up to the back of curb. The State will consider this acceptable since we are granting them title in “fee simple absolute”. 

This project realigns Sunset Road in a due east-west direction along the north side of the EBMUD Aqueduct to intersect with Brentwood Boulevard at the Grant Street signal. The project includes the construction of water and non-potable water, and fiber optic line improvements. The existing alignment of Sunset Road is inefficient and unsafe, especially at the intersection with Highway 4 (Brentwood Boulevard).

FISCAL IMPACT
The Sunset Road Realignment Project is funding acquisition of this property. The construction of the project will be by the Developer (DeNova Homes) as a condition of approval. However, being offsite, it will be paid for by Roadway Facility Fees. This project will increase pavement management. Annual operating and maintenance for roadway and utility work is $1,200, and will be funded by respective accounts. 

Attachments:
Resolution
Site Map

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FOLLOWING ACTIONS: (1) AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE A QUITCLAIM DEED CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN AN OFFER OF DEDICATION AS SHOWN UPON THAT CERTAIN PARCEL MAP ENTITLED “MS 354-01”, FILED IN BOOK 181 OF PARCEL MAPS AT PAGE 1, TO LEE E. LAIRD, JR. AND JANE ANN LAIRD, AND ANY OTHER DOCUMENTS NECESSARY TO TERMINATE CITY INTEREST IN THE DEDICATION, AS MAY BE NEEDED TO COMPLETE THE TRANSFER; (2) AUTHORIZING THE MAYOR OR CITY MANGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO ACCEPT A GRANT DEED FROM LEE E. LAIRD, JR. AND JANE ANN LAIRD AND ANY OTHER DOCUMENTS AS MAY BE NEEDED TO CONVEY THE OFFER OF DEDICATION DESCRIBED ON SAID PARCEL MAP ENTITLED “MS 354-01”, HEREBY ACCEPTING REAL PROPERTY ON BEHALF OF THE CITY, AND AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE ANY DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; (3) AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE A GRANT DEED CONVEYING TO THE STATE OF CALIFORNIA (CALTRANS) SAID DESCRIBED PROPERTY REFERRED TO AS AN OFFER OF DEDICATION ON PARCEL MAP ENTITLED “MS 354-01, AND ANY OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION. 

WHEREAS, on February 8, 2000, by Resolution No. 2011, the City Council approved the Design Contract with Carlson Barbee and Gibson for the Sunset Road Realignment Project, CIP Project No. 336-3012; and

WHEREAS, on May 7, 2002, by Resolution No. 02-18, the Planning Commission confirmed that the proposed 2002/03 – 2006/07 Capital Improvement Program (CIP) is consistent with the adopted General Plan of the City of Brentwood as required by Section 65401 of the Government Code; and

WHEREAS, on May 28, 2002, by Resolution No. 2549, the City Council adopted the City’s 2002/03 – 2006/07 Capital Improvement Program that included the Sunset Road Realignment Project, CIP Project No. 336-3012; and

WHEREAS, on June 22, 2001, the City Engineer of the City of Brentwood accepted dedication on Parcel Map MS 354-01 which was filed on July 19, 2001, in Book 181 of Parcel Maps at Page 1, (Highway 4 widening located at Sunset Road); and 

WHEREAS, Caltrans mandates transfer of land to the State must contain the verbiage “in fee simple absolute” a Quitclaim Deed is required to transfer any interest in said dedication back to Lee E. Laird, Jr. and Jane Ann Laird; and

WHEREAS, a Grant Deed from Lee E. Laird, Jr. and Jane Ann Laird is required to transfer title to the City of Brentwood to meet the State of California (Caltrans) requirements and said property is needed for the Sunset Road Realignment Project, CIP Project No. 336-3012; and

WHEREAS, a Grant Deed is required to transfer said property between the City of Brentwood and the State of California (Caltrans) as part of Highway 4.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that the following actions are hereby approved: (1) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed conveying whatever interest the City may have in an Offer of Dedication as shown upon that certain Parcel Map entitled “MS 354-01”, filed in Book 181 of Parcel Maps at Page 1, to Lee E. Laird, Jr. and Jane Ann Laird, and any other documents necessary to terminate City interest in the dedication, as may be needed to complete the transfer; (2) authorizing the Mayor or City Manger and City Clerk or any of their designees to accept a Grant Deed from Lee E. Laird, Jr. and Jane Ann Laird and any other documents as may be needed to convey the offer of dedication described on said Parcel Map entitled “MS 354-01”, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute any documents necessary to complete the transaction; (3) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Grant Deed conveying to the State of California (Caltrans) said described property referred to as an Offer of Dedication on Parcel Map entitled “MS 354-01, and any other documents necessary to complete the transaction. 

BE IT FURTHER RESOLVED that the Mayor or City Manager and City Clerk or any of their designees are authorized to accept the Grant Deeds.

BE IT FURTHER RESOLVED that the City of Brentwood hereby accepts the Grant Deed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of September 2002 by the following vote:

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov