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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 1

Meeting Date: April 27, 2004

Subject/Title: Approve a Resolution Quitclaiming a Lease Agreement and Temporary Easement for roadway purposes to Jack B. Gregory and Linda A. Gregory.

Prepared by: Engineering: M. Sullivan

Submitted by: Engineering: B. Grewal

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 the Memorandum of Agreement, and the unrecorded agreement referred to therein, recorded January 27, 1999, Series No. 99-21791 and the Memorandum of Assignment, and the unrecorded assignment referred to therein, recorded October 31, 2002, Series No. 2002-401142 of Official Records being an encumbrance on a portion of property identified as APN 016-120-033 owned by Jack B. Gregory and Linda A. Gregory, Trustees of the Gregory Living Trust under instrument dated May 10, 1991, their successors and assigns, generally located east of the intersection of Sand Creek Road and O’Hara Avenue and west of Business Center Drive, said property also designated as the Remainder Parcel shown upon Parcel Map MS 352-01 filed December 23, 2002, in Book 185 of Parcel Maps at Page 44, Contra Costa County Records, and hereby conveying whatever interest the City may have in said recorded Memorandum of Agreement, and the unrecorded agreement referred to therein, Memorandum of Assignment and the unrecorded assignment referred to therein to Jack B. Gregory and Linda A. Gregory, Trustees of the Gregory Living Trust under instrument dated May 10, 1991, their successors and assigns.

PREVIOUS ACTION
On January 12, 1999, by Resolution No. 99-15, City Council approved an agreement for purchase of a fee parcel, a lease agreement and temporary easement with Jack B. Gregory and Linda A. Gregory, Trustees of the Gregory Living Trust under instrument dated May 10, 1991, for a portion of the real property, for the Sand Creek/O’Hara Loop Project, CIP Project No. 33655.

BACKGROUND
The City and the Gregory’s entered into a Lease Agreement and Temporary Easement for roadway purposes, which were in the form of the above documents, in order to provide an interim roadway from the downtown area to Sand Creek Road, which improved traffic circulation and provided alternate access to north Brentwood. The permanent roadway for O’Hara Avenue intersection with Sand Creek Road has been completed as part of the Sand Creek Road East A & B Project, CIP Project No. 336-3061, and the temporary roadway has been removed.

The vested property owner and the party developing the Gregory property have requested that the City Quitclaim any interest the City of Brentwood may have in the Memorandum of Agreement, and the unrecorded agreement referred to therein, and the Memorandum of Assignment, and the unrecorded assignment referred to therein, which encumbers their property for leasing and roadway purposes.
Staff has determined since the permanent roadway has been completed it is no longer necessary to encumber the Gregory property and therefore recommends a Quitclaim Deed be executed to clear title on said property.

FISCAL IMPACT
None.

Attachments:
Resolution
Site Maps
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 THE MEMORANDUM OF AGREEMENT, AND THE UNRECORDED AGREEMENT REFERRED TO THEREIN, RECORDED JANUARY 27, 1999, SERIES NO. 99-21791 AND THE MEMORANDUM OF ASSIGNMENT, AND THE UNRECORDED ASSIGNMENT REFERRED TO THEREIN, RECORDED OCTOBER 31, 2002, SERIES NO. 2002-401142 OF OFFICIAL RECORDS BEING AN ENCUMBRANCE ON A PORTION OF PROPERTY IDENTIFIED AS APN 016-120-033 OWNED BY JACK B. GREGORY AND LINDA A. GREGORY, TRUSTEES OF THE GREGORY LIVING TRUST UNDER INSTRUMENT DATED MAY 10, 1991, THEIR SUCCESSORS AND ASSIGNS, GENERALLY LOCATED EAST OF THE INTERSECTION OF SAND CREEK ROAD AND O’HARA AVENUE AND WEST OF BUSINESS CENTER DRIVE, SAID PROPERTY ALSO DESIGNATED AS THE REMAINDER PARCEL SHOWN UPON PARCEL MAP MS 352-01 FILED DECEMBER 23, 2002, IN BOOK 185 OF PARCEL MAPS AT PAGE 44, CONTRA COSTA COUNTY RECORDS, AND HEREBY CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN SAID RECORDED MEMORANDUM OF AGREEMENT, AND THE UNRECORDED AGREEMENT REFERRED TO THEREIN, MEMORANDUM OF ASSIGNMENT AND THE UNRECORDED ASSIGNMENT REFERRED TO THEREIN TO JACK B. GREGORY AND LINDA A. GREGORY, TRUSTEES OF THE GREGORY LIVING TRUST UNDER INSTRUMENT DATED MAY 10, 1991, THEIR SUCCESSORS AND ASSIGNS.

WHEREAS, on January 12, 1999, by Resolution No. 99-15, City Council approved an agreement for purchase of a fee parcel, a lease agreement and temporary easement with Jack B. Gregory and Linda A. Gregory, Trustees of the Gregory Living Trust under instrument dated May 10, 1991, for a portion of the real property, for the Sand Creek/O’Hara Loop Project, CIP Project No. 33655; and

WHEREAS, the permanent roadway for O’Hara Avenue intersection with Sand Creek Road has been completed as part of the Sand Creek Road East A & B Project, CIP Project No. 336-3061, and the temporary roadway has been removed; and

WHEREAS, staff has determined that the request to Quitclaim any interest the City may have in said recorded memorandums and unrecorded agreements by the vested property owner and developer does not impact the City’s needs for leasing and temporary roadway in this area; and

WHEREAS, a Quitclaim Deed is required to transfer any interest the City may have in said recorded memorandums and unrecorded agreements.

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 the Memorandum of Agreement, and the unrecorded agreement referred to therein, recorded January 27, 1999, Series No. 99-21791 and the Memorandum of Assignment, and the unrecorded assignment referred to therein, recorded October 31, 2002, Series No. 2002-401142 of Official Records being an encumbrance on a portion of property identified as APN 016-120-033 owned by Jack B. Gregory and Linda A. Gregory, Trustees of the Gregory Living Trust under instrument dated May 10, 1991, their successors and assigns, generally located east of the intersection of Sand Creek Road and O’Hara Avenue and west of Business Center Drive, said property also designated as the Remainder Parcel shown upon Parcel Map MS 352-01 filed December 23, 2002, in Book 185 of Parcel Maps at Page 44, Contra Costa County Records, and hereby conveying whatever interest the City may have in said recorded Memorandum of Agreement, and the unrecorded agreement referred to therein, Memorandum of Assignment and the unrecorded assignment referred to therein to Jack B. Gregory and Linda A. Gregory, Trustees of the Gregory Living Trust under instrument dated May 10, 1991, their successors and assigns.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 27th day of April 2004 by the following vote:

RECORDING REQUESTED BY:

WHEN RECORDED MAIL TO:

Jack B. Gregory, Trustee
Linda A. Gregory, Trustee
961 Minnesota Ave.
Brentwood, CA 94561

SPACE ABOVE THIS LINE FOR RECORDERS USE

MAIL TAX STATEMENTS TO:

SAME AS ABOVE
The undersigned grantor(s) delare(s):
CITY TRANSFER TAX $
DOCUMENTARY TRANSFER TAX $
SURVEY MONUMENT FEE $
____ Computed on the consideration or value of property conveyed; OR
____ Computed on the consideration or value less liens or encumbrances remaining at time of sale.
APN: 016-120-033
QUITCLAIM DEED

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF BRENTWOOD, a municipal corporation

do hereby REMISE, RELEASE AND FOREVER QUITCLAIM to Jack B. Gregory and Linda A. Gregory, Trustees of the Gregory Living Trust under instrument dated May 10, 1991, their successors and assigns, all its interest in and to that certain Memorandum of Agreement, and the unrecorded agreement referred to therein, recorded January 27, 1999, Series No. 99-21791 and the Memorandum of Assignment, and the unrecorded assignment referred to therein, recorded October 31, 2002, Series No. 2002-401142, Official Records, affecting the following described land:

Real property situated in the City of Brentwood, County of Contra Costa, State of California, described as follows:

That portion shown as “Remainder Parcel”, on Parcel Map MS 352-01, filed December 23, 2002, in Book 185 of Parcel Maps, Page 44, Contra Costa County Records.

It is the intent of the City to terminate its interest created in said Memorandums.

Dated: __________________
CITY OF BRENTWOOD, a Municipal corporation


BY: _________________________________ John E. Stevenson, City Manager
 

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