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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: November 25, 2003

Subject/Title: Approve a Resolution quitclaiming mineral rights below 500 feet to the Pierce/Martin Family

Submitted by: City Attorney: Dennis Beougher
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 conveying the fee interest in mineral rights below 500 feet without surface entry rights in the areas offered for dedication to the City on Parcel Map MS 362-02 filed September 3, 2003 in Contra Costa County, Map Book 188 at Pages 6 through 9 and the Grant Deed recorded November 8, 2002 by Instrument No. 2002-0416671-00, generally known as the WinCo site located on the north side of Lone Tree Way between Empire Avenue and Fairview Avenue, from Rose Marie Pierce, as Trustee of the Elmo Clifford and Rose Marie Pierce Surviving Spouse’s Trust, as to an undivided ½ interest; Paul Martin, a married man, Ralph Martin, a married man, James Martin and Lawrence Martin, a married man as to an undivided ½ interest; all as tenants in common, and any other documents necessary to terminate City interest in the mineral rights below 500 feet without surface entry rights, as may be needed to complete the transfer.

PREVIOUS ACTION
On February 5, 2002, by Resolution No. 02-05 the Planning Commission approved Parcel Map MS 362-02 (TSM 8617) as conditioned.

On October 28, 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 Widening) now known as Lone Tree Way Widening – Segments 1 & 2.

BACKGROUND
The owners shown on Parcel Map MS 362-02 have requested that the City quitclaim any interest in mineral rights below 500 feet that we acquired in the areas offered for dedication on said map. It is customary that the City receives offers of dedication from owners reserving mineral rights below 500 feet and without surface entry rights. When the above map was submitted to the City, the mineral rights were inadvertently given to the City with the offers of dedication. The owners also inadvertently gave the City the mineral rights in the Grant Deed that conveyed the necessary right of way for the widening of Lone Tree Way.

Staff has determined that the request to quitclaim any interest the City may have in said mineral rights below the 500 feet without surface entry rights does not impact the City’s needs. Therefore, City staff recommends complying with the owners’ request and that 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 TO APPROVE AUTHORIZATION FOR THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE A QUITCLAIM DEED CONVEYING THE FEE INTEREST IN MINERAL RIGHTS BELOW 500 FEET WITHOUT SURFACE ENTRY RIGHTS IN THE AREAS OFFERED FOR DEDICATION TO THE CITY ON PARCEL MAP MS 362-02 FILED SEPTEMBER 3, 2003 IN CONTRA COSTA COUNTY, MAP BOOK 188 AT PAGES 6 THROUGH 9 AND THE GRANT DEED RECORDED NOVEMBER 8, 2002 BY INSTRUMENT NO. 2002-0416671-00, GENERALLY KNOWN AS THE WINCO SITE LOCATED ON THE NORTH SIDE OF LONE TREE WAY BETWEEN EMPIRE AVENUE AND FAIRVIEW AVENUE, FROM ROSE MARIE PIERCE, AS TRUSTEE OF THE ELMO CLIFFORD AND ROSE MARIE PIERCE SURVIVING SPOUSE’S TRUST, AS TO AN UNDIVIDED ½ INTEREST; PAUL MARTIN, A MARRIED MAN, RALPH MARTIN, A MARRIED MAN, JAMES MARTIN AND LAWRENCE MARTIN, A MARRIED MAN AS TO AN UNDIVIDED ½ INTEREST; ALL AS TENANTS IN COMMON, AND ANY OTHER DOCUMENTS NECESSARY TO TERMINATE CITY INTEREST IN THE MINERAL RIGHTS BELOW 500 FEET WITHOUT SURFACE ENTRY RIGHTS, AS MAY BE NEEDED TO COMPLETE THE TRANSFER.

WHEREAS, on February 5, 2002, by Resolution No. 02-05 the Planning Commission approved Parcel Map MS 362-02 (TSM 8617) as conditioned; and

WHEREAS, the City of Brentwood’s fee interest in offers of dedication shown upon Parcel Map MS 362-02 filed September 3, 2003, Contra Costa County, Map Book 188 at Pages 6 through 9, inadvertently included mineral rights; and

WHEREAS, on October 28, 2002, by Resolution No. 99-170 the City of Brentwood accepted a Grant Deed for a portion of APN 019-010-008, inadvertently included mineral rights from the Pierce and Martin families (WinCo Project) for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127 (Lone Tree Widening) now known as Lone Tree Way Widening – Segments 1 & 2.

WHEREAS, it’s customary for owners to reserve mineral rights below 500 feet without surface entry rights; and

WHEREAS, City staff has determined that the request to quitclaim any interest the City may have in said mineral rights does not impact the City’s needs; and

WHEREAS, a Quitclaim Deed is required to transfer any interest the City may have in said mineral rights.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood to authorize the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed conveying the fee interest in mineral rights below 500 feet without surface entry rights in the areas offered for dedication to the City on Parcel Map MS 362-02 filed September 3, 2003 in Contra Costa County, Map Book 188 at Pages 6 through 9 and the Grant Deed recorded November 8, 2002 by Instrument No. 2002-0416671-00, generally known as the WinCo site located on the north side of Lone Tree Way between Empire Avenue and Fairview Avenue, from Rose Marie Pierce, as Trustee of the Elmo Clifford and Rose Marie Pierce Surviving Spouse’s Trust, as to an undivided ½ interest; Paul Martin, a married man, Ralph Martin, a married man, James Martin and Lawrence Martin, a married man as to an undivided ½ interest; all as tenants in common, and any other documents necessary to terminate City interest in the mineral rights below 500 feet without surface entry rights, as may be needed to complete the transfer.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 25th day of November 2003 by the following vote:
 

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