CITY COUNCIL AGENDA ITEM
Meeting Date: March 23, 2004
Subject/Title: Approve a Resolution authorizing the execution of a Grant
Deed for Parcel “C” of Subdivision No. 8413 to Richmond American Homes.
Prepared by: Engineering: D. Galey
Submitted by: Engineering: B. Grewal
Approve a Resolution authorizing the Mayor and City Clerk or their designees
to execute a Grant Deed to Richmond American Homes for Parcel “C”, as shown
on that certain Final Map entitled “Subdivision No. 8413”, filed June 9,
2003 in Book 454 of Maps, Page 22, in the Office of the County Recorder of
Contra Costa County and hereby conveying any interest the City may have in
that portion of said parcel to Richmond American Homes.
On May 13, 2003, by Resolution No. 2850, City Council approved the Final Map
of Subdivision No. 8413, and accepted the offers of public dedication.
Western Pacific Housing, Subdivision No. 8413, is located between Oak Street
and Sycamore Avenue and west of Garin Parkway. Parcel “C”, as shown on the
attached map, was dedicated to the City of Brentwood for public use by
Western Pacific Homes as part of Subdivision No. 8413 Final Map. This parcel
was a “remainder” on the west boundary of this subdivision after sufficient
right-of-way was dedicated for the public road and currently serves no
public purpose. Now that the property adjacent to this parcel is being
developed by Richmond American Homes, it would be appropriate to incorporate
this narrow remainder parcel into its development for Subdivision No. 8574.
Also, Richmond American Homes will be responsible for the parkway
improvements along Shasta Daisy Drive.
Subdivision No. 8413 final map included a “Certificate of Dedication for
same Public Purpose” per Subdivision Map Act Section 66477.5, stating if the
intended use of the parcel no longer exists, the property will be reconveyed
to the subdivider. Western Pacific, as the original subdivider, has provided
a letter confirming they have no objection to the City reconveying this
parcel to Richmond American Homes, since the intended purpose of this parcel
no longer exists. Richmond American Homes has incorporated this parcel into
their subdivision, and will assume the responsibility of constructing and
maintaining the landscape improvements to this parcel.
The City will incur no maintenance for this “remainder” parcel with it’s
incorporation into the Richmond American Subdivision No. 8574 lots.
Letter from Western Pacific Homes
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE
MAYOR AND CITY CLERK OR THEIR DESIGNEES TO EXECUTE A GRANT DEED AND ANY
OTHER DOCUMENTS NECESSARY TO CONVEY CITY INTEREST IN THE OFFER OF DEDICATION
OF PARCEL “C” AS SHOWN ON THAT CERTAIN FINAL MAP ENTITLED “SUBDIVISION NO.
8413”, FILED JUNE 9, 2003, IN BOOK 454 OF MAPS, AT PAGE 22, CONTRA COSTA
COUNTY AND HEREBY CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN SAID
PARCEL TO RICHMOND AMERICAN HOMES.
WHEREAS, an offer of dedication of Parcel “C”, as shown on that certain
Final Map entitled “Subdivision No. 8413”, filed June 9, 2003 , in Book 454
of Maps, at Page 22, Contra Costa County, was accepted by the City of
WHEREAS, the City Council finds that Parcel “C” is no longer required as a
City dedicated parcel; and
WHEREAS, Richmond American Homes has requested conveyance of Parcel “C” of
Subdivision No. 8413; and
WHEREAS, the original subdivider, Western Pacific Homes, does not object to
conveyance of Parcel “C” to Richmond American Homes; and
WHEREAS, Section 66477.5 (c) of California Government Code provides for the
reconveyance of a dedication if the same public purpose does not exist.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood
that said Parcel “C” of Subdivision No. 8413 is hereby deeded to Richmond
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting on the 23rd day of March 2004 by the following vote: