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CITY COUNCIL AGENDA ITEM NO. 4

Meeting Date: August 12, 2003

Subject/Title: Approve a Resolution Quitclaiming any interest the City may have in a portion of an easement for public storm drain and utilities purpose located on a portion of APN 018-210-008, owned by the Nunns on Sunset Road.

Submitted by: Engineering: B. Grewal/M. Kirby
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 a portion of an easement for public storm drain and utilities purpose, which included a temporary construction easement recorded September 7, 2001, Instrument No. 2001-0268445-00, Contra Costa County Records, identified as a portion of APN 018-210-008, generally located on the north side of Sunset Road between Sunset Park and Sellers Avenue and hereby conveying said interest to Ronald Nunn and Shirley Nunn, his wife, and any other documents necessary to terminate City interest in a portion of the easement for public storm drain and utilities purpose including a temporary construction easement.

PREVIOUS ACTION
On May 22, 2001, the City Council approved Resolution No. 2299, certified and approved the Negative Declaration and adopted the 2001/06 Capital Improvement Program (CIP) for the City of Brentwood, which included Storm Drain Line A for Drainage 52C. (Developer Project)

On August 31, 2001, by Resolution No. 99-170, the City of Brentwood accepted an Easement Deed for a portion of APN 018-210-008 from Ronald Nunn and Shirley Nunn, for public storm drain (Storm Drain Line A) and utilities purpose including a temporary construction easement.

BACKGROUND
After this Easement Deed had been acquired, the City obtained additional property from ECCID, abutting the Nunn’s property on the west, which allowed Storm Line A to be constructed along a much more efficient and economical route.

Staff recommends quitclaiming any possible interest, since the City’s only desire was to acquire right-of-way necessary for Storm Drain Line A and public utilities. This quitclaim does not impact the portion needed for the existing storm drain and public utilities 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 A PORTION OF AN EASEMENT FOR PUBLIC STORM DRAIN AND UTILITIES PURPOSE, WHICH INCULDED A TEMPORARY CONSTRUCTION EASEMENT RECORDED SEPTEMBER 7, 2001, INSTRUMENT NO. 2001-0268445-00, CONTRA COSTA COUNTY RECORDS, IDENTIFIED AS A PORTION OF APN 018-210-008, GENERALLY LOCATED ON THE NORTH SIDE OF SUNSET ROAD BETWEEN SUNSET PARK AND SELLERS AVENUE AND HEREBY CONVEYING SAID INTEREST TO RONALD NUNN AND SHIRLEY NUNN, HIS WIFE, AND ANY OTHER DOCUMENTS NECESSARY TO TERMINATE CITY INTEREST IN A PORTION OF THE EASEMENT FOR PUBLIC STORM DRAIN AND UTILITIES PURPOSE INCLUDING THE TEMPORARY CONSTRUCTION EASEMENT.

WHEREAS, on May 22, 2001, the City Council approved Resolution No. 2299, certified and approved the Negative Declaration and adopted the 2001/06 Capital Improvement Program (CIP) for the City of Brentwood, which included Storm Drain Line A for Drainage 52C. (Developer Project); and

WHEREAS, on August 31, 2001, by Resolution No. 99-170, the City of Brentwood accepted an Easement Deed for a portion of APN 018-210-008 from Ronald Nunn and Shirley Nunn for public storm drain (Storm Drain Line A) and utilities purpose which included a temporary construction easement; and

WHEREAS, a Quitclaim Deed is required to transfer any interest the City may have to a portion of said easement not required for the public storm drain and utilities purpose and a temporary construction easement located on a portion of APN 018-210-008.

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 a portion of an easement for public storm drain and utilities purpose, which included a temporary construction easement recorded September 7, 2001, Instrument No. 2001-0268445-00, Contra Costa County Records, identified as a portion of APN 018-210-008, generally located on the north side of Sunset Road between Sunset Park and Sellers Avenue and hereby conveying said interest to Ronald Nunn and Shirley Nunn, his wife, and any other documents necessary to terminate City interest in a portion of the easement for public storm drain and utilities purpose including a temporary construction easement.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of August 2003 by the following vote:
 

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