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CITY COUNCIL AGENDA ITEM NO. 6

Meeting Date: June 24, 2003

Subject/Title: Approve a Resolution Quitclaiming any interest the City may have in an Offer of Dedication on the Rogge Property identified as APN 019-050-027.

Submitted by: Engineering: B. Grewal/M. Kirby/M. Sullivan
Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed terminating any interest the City of Brentwood may have in an Offer of Dedication shown on Subdivision Map MS 136-69 recorded November 20, 1969, in Book 11 of Parcel Maps at Pages 8 and 9, and conveyed by separate instrument recorded November 20, 1969, Instrument No. 82054, Book 6008 of Official Records of Contra Costa County at Pages 307, 308 and 309, only as to that portion of the dedication which lies on property identified as APN 019-050-027, generally located south of Lone Tree Way and on the west side of Windy Springs Lane and hereby conveying said interest to Michael K. Rogge and Karen D. Rogge, and any other documents necessary to terminate City interest in said dedication.

PREVIOUS ACTION
On November 10, 1998, by Resolution No. 98-196, the City Council approved annexation of the area designated as the Northwest Boundary Reorganization (Annexation No. 97-1) was annexed to the City of Brentwood and the Brentwood Recreation and Park District.

BACKGROUND
On November 20, 1969, the Board of Supervisors of Contra Costa County accepted for recording purposes only an Irrevocable Offer of Dedication from the current vested property owners at that time. The original dedication description includes a 60-foot wide strip of land running east and west, 20-foot radius right-of-way for returns and a 30-foot wide strip for street and highway purposes on the Rogge Property.

When the original property owners sub-divided the property, a 20-foot discrepancy was created between the north and south property line. The resulting effect was conflicting opinions of where the actual dedication was located. Therefore, the Rogges have executed a new Offer of Dedication for the above areas based on a recent survey of the area that is currently being processed by staff.

Staff recommends quitclaiming any possible interest the City may have in the previous Offer of Dedication, since the new dedication from the Rogges provides the necessary right-of-way for the construction of roadways and public utilities (i.e. Storm Drain Line A5, Rosie Lane and Windy Springs Lane). This action should be considered strictly a housekeeping issue.

FISCAL IMPACT
None

Attachments:
Resolution
Site Map
Quitclaim Deed

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE A QUITCLAIM DEED TERMINATING ANY INTEREST THE CITY OF BRENTWOOD MAY HAVE IN AN OFFER OF DEDICATION SHOWN ON SUBDIVISION MAP MS 136-69 RECORDED NOVEMBER 20, 1969, IN BOOK 11 OF PARCEL MAPS AT PAGES 8 AND 9, AND CONVEYED BY SEPARATE INSTRUMENT RECORDED NOVEMBER 20, 1969, INSTRUMENT NO. 82054, BOOK 6008 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY AT PAGES 307, 308 AND 309, ONLY AS TO THAT PORTION OF THE DEDICATION WHICH LIES ON PROPERTY IDENTIFIED AS APN 019-050-027, GENERALLY LOCATED SOUTH OF LONE TREE WAY AND ON THE WEST SIDE OF WINDY SPRINGS LANE AND HEREBY CONVEYING SAID INTEREST TO MICHAEL K. ROGGE AND KAREN D. ROGGE, AND ANY OTHER DOCUMENTS NECESSARY TO TERMINATE CITY INTEREST IN SAID DEDICATION.

WHEREAS, on November 10, 1998, by Resolution No. 98-196, the City Council approved annexation of the area designated as the Northwest Boundary Reorganization (Annexation No. 97-1) was annexed to the City of Brentwood and the Brentwood Recreation and Park District; and

WHEREAS, the City of Brentwood acquired rights from Contra Costa County to said Offer of Dedication with the Northwest Annexation; and

WHEREAS, a Quitclaim Deed is required to transfer any interest the City may have to said Offer of Dedication located on a portion of APN 019-050-027, since a new Offer of Dedication has been received by the City on a portion of APN 019-050-027 for roadway and public utilities.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood authorizes the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed terminating any interest the City of Brentwood may have in an Offer of Dedication shown on Subdivision Map MS 136-69 recorded November 20, 1969, in Book 11 of Parcel Maps at Pages 8 and 9, and conveyed by separate instrument recorded November 20, 1969, Instrument No. 82054, Book 6008 of Official Records of Contra Costa County at Pages 307, 308 and 309, only as to that portion of the dedication which lies on property identified as APN 019-050-027, generally located south of Lone Tree Way and on the west side of Windy Springs Lane and hereby conveying said interest to Michael K. Rogge and Karen D. Rogge, and any other documents necessary to terminate City interest in said dedication.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24th day of June 2003 by the following vote:

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