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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: June 24, 2003

Subject/Title: Approve a Resolution Quitclaiming any interest the City may have in an easement for water pipe purposes located on a portion of APN 019-010-008, the Pierce/Martin/Winco site on Lone Tree Way.

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 easement for water pipe purposes recorded December 23, 1955 as Instrument No. 79433, in Book 2678, Page 269, Contra Costa County Records, generally located on the north side of Lone Tree Way between Empire Avenue and Fairview Avenue and hereby conveying said interest to Rose Marie Pierce, as Trustee of the Elmo Clifford and Rose Marie Pierce Surviving Spouse’s Trust, as to an undivided 50% interest; and Paul Martin, a married man, Ralph Martin, a married man, James Martin and Lawrence Martin, a married man, as to an undivided 50% interest; all as tenants in common, and any other documents necessary to terminate City interest in the easement for water pipe purposes.

PREVIOUS ACTION
On February 13, 2001, the City Council approved Resolution No. 2230, authorizing the City Manager to execute Purchase Agreements with John and Joyce Lopez, for property identified as APN 019-010-027 and a ditch necessary for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127 (Lone Tree Way Widening).

On November 8, 2002, by Resolution No. 99-170, the City of Brentwood accepted a Grant Deed for a portion of APN 019-010-008 from the Pierce and Martin families (Winco Project) for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127 (Lone Tree Way Widening).

BACKGROUND
When the City acquired the necessary right of way for widening of Lone Tree Way from the two previous actions we may have acquired an interest in a private easement for a water pipe line.

The title company has informed the Pierce and Martin families (Winco Project) that the City may have an interest in this private easement north of Lone Tree Way right-of-way. In order for the Pierce and Martin families (Winco Project) to remove the water pipe and clear title on their property in regards to this easement they must obtain a Quitclaim from any parties that may have an interest in said easement.

Staff recommends quitclaiming any possible interest, since the City’s only desire was to acquire right-of-way for the widening of Lone Tree Way and this quitclaim does not impact the right-of-way. 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 EASEMENT FOR WATER PIPE PURPOSES RECORDED DECEMBER 23, 1955 AS INSTRUMENT NO. 79433, IN BOOK 2678, PAGE 269, CONTRA COSTA COUNTY RECORDS, GENERALLY LOCATED ON THE NORTH SIDE OF LONE TREE WAY BETWEEN EMPIRE AVENUE AND FAIRVIEW AVENUE AND HEREBY CONVEYING SAID INTEREST TO ROSE MARIE PIERCE, AS TRUSTEE OF THE ELMO CLIFFORD AND ROSE MARIE PIERCE SURVIVING SPOUSE’S TRUST, AS TO AN UNDIVIDED 50% INTEREST; AND PAUL MARTIN, A MARRIED MAN, RALPH MARTIN, A MARRIED MAN, JAMES MARTIN AND LAWRENCE MARTIN, A MARRIED MAN, AS TO AN UNDIVIDED 50% INTEREST; ALL AS TENANTS IN COMMON, AND ANY OTHER DOCUMENTS NECESSARY TO TERMINATE CITY INTEREST IN THE EASEMENT FOR WATER PIPE PURPOSES.

WHEREAS, on February 13, 2001, the City Council approved Resolution No. 2230, authorizing the City Manager to execute Purchase Agreements with John and Joyce Lopez, for property identified as APN: 019-010-027 and a ditch necessary for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127 (Lone Tree Way Widening); and

WHEREAS, on November 8, 2002, by Resolution No. 99-170, the City of Brentwood accepted a Grant Deed for a portion of APN 019-010-008 from the Pierce and Martin families (Winco Project) for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127 (Lone Tree Way Widening); and

WHEREAS, the City may have acquired an interest in an easement for water pipe purposes when right-of-way was acquired for widening of Lone Tree Way; and

WHEREAS, a Quitclaim Deed is required to transfer any interest the City may have to the easement for water pipe purposes located on a portion of APN 019-010-008.

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 easement for water pipe purposes recorded December 23, 1955 as Instrument No. 79433, in Book 2678, Page 269, Contra Costa County Records, generally located on the north side of Lone Tree Way between Empire Avenue and Fairview Avenue and hereby conveying said interest to Rose Marie Pierce, as Trustee of the Elmo Clifford and Rose Marie Pierce Surviving Spouse’s Trust, as to an undivided 50% interest; and Paul Martin, a married man, Ralph Martin, a married man, James Martin and Lawrence Martin, a married man, as to an undivided 50% interest; all as tenants in common, and any other documents necessary to terminate City interest in the easement for water pipe purposes.

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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