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CITY COUNCIL AGENDA ITEM NO. 09

Meeting Date: May 13, 2003

Subject/Title: Approve a Resolution authorizing necessary related actions to convert a fee acquisition for the construction of Storm Drain Line A5 south of Lone Tree Way and west of Fairview Avenue to an easement.

Submitted by: Engineering: B. Grewal/M. Kirby/M. Sullivan
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 the fee interest the City acquired in the Grant Deed recorded November 27, 2002, Document No. 2002-0450378 for Storm Drain Line A5 from Lawrence E. Martin, Ralph H. Martin, James B. Martin aka James Martin, Paul G. Martin, Currin Investments, Inc., a California Corporation, and William L. Currin and Betty J. Currin, and any other documents necessary to terminate City interest in the Grant Deed, 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 an Easement Deed for Storm Drain Line A5 from Lawrence E. Martin, Ralph H. Martin, James B. Martin aka James Martin, Paul G. Martin, Currin Investments, Inc., a California Corporation, and William L. Currin and Betty J. Currin, 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.

PREVIOUS ACTION
On September 10, 2002, the City Council approved the Development Agreement concerning Subdivision Map No. 8281, Martin-Currin Property.

BACKGROUND
This residential subdivision, No. 8281, is located south of Lone Tree Way and west of Fairview Avenue. When the Development Agreement for Subdivision No.8281 was approved, Section 2, Item 2.1i required the Developer to dedicate the necessary right of way for Storm Drain Line A5 at no cost to the City. The Storm Drain Line A5 dedication is required for the orderly development of the northern half of the Northwest Quadrant including the Arcadia/Donahue Schriber Project. The Developer provided the City with a Grant Deed, which gave the City fee title instead of an easement. It is customary that the City would receive an Easement Deed for a storm line. The conversion from a fee taken to an easement is strictly a housekeeping issue and will assist the Developer in obtaining financing for the subdivision project.

FISCAL IMPACT
None

Attachments:
Resolution
Quitclaim Deed
Easement Deed

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 THE FEE INTEREST THE CITY ACQUIRED IN THE GRANT DEED RECORDED NOVEMBER 27, 2002, DOCUMENT NO. 2002-0450378 FOR STORM DRAIN LINE A5 FROM LAWRENCE E. MARTIN, RALPH H. MARTIN, JAMES B. MARTIN AKA JAMES MARTIN, PAUL G. MARTIN, CURRIN INVESTMENTS, INC., A CALIFORNIA CORPORATION, AND WILLIAM L. CURRIN AND BETTY J. CURRIN, AND ANY OTHER DOCUMENTS NECESSARY TO TERMINATE CITY INTEREST IN THE GRANT DEED, 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 AN EASEMENT DEED FOR STORM DRAIN LINE A5 FROM LAWRENCE E. MARTIN, RALPH H. MARTIN, JAMES B. MARTIN AKA JAMES MARTIN, PAUL G. MARTIN, CURRIN INVESTMENTS, INC., A CALIFORNIA CORPORATION, AND WILLIAM L. CURRIN AND BETTY J. CURRIN, 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.

WHEREAS, on September 10, 2002, the City Council approved the Development Agreement concerning Subdivision Map No. 8281, Martin-Currin Property, which required a dedication for Storm Drain Line A5; and

WHEREAS, on November 27, 2002, the City of Brentwood recorded Document Number 2002-0450378 accepting fee interest in a strip of land for the construction of Storm Drain Line A5; and

WHEREAS, an Easement Deed is customary for a Storm Drain Line and not a fee interest, a Quitclaim Deed is required to transfer any fee interest back to the Developer; and

WHEREAS, an Easement Deed from the Developer to the City is required to comply with the Development Agreement for the construction of Storm Drain Line A5.

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 the fee interest the City acquired in the Grant Deed recorded November 27, 2002, Document No. 2002-0450378 for Storm Drain Line A5 from Lawrence E. Martin, Ralph H. Martin, James B. Martin aka James Martin, Paul G. Martin, Currin Investments, Inc., a California Corporation, and William L. Currin and Betty J. Currin, and any other documents necessary to terminate City interest in the Grant Deed, 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 an Easement Deed for Storm Drain Line A5 from Lawrence E. Martin, Ralph H. Martin, James B. Martin aka James Martin, Paul G. Martin, Currin Investments, Inc., a California Corporation, and William L. Currin and Betty J. Currin, 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.

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

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

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of May 2003 by the following vote:


 

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