City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: April 27, 2004

Subject/Title: Approve a Resolution Quitclaiming an interest in a Rental Parcel and Temporary Construction Easement for roadway purposes to Maria B. Volpone, Trustee of the Volpone Family Trust.

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 acquired through Final Order of Condemnation for rental property and temporary construction easement being an encumbrance on a portion of property identified as APN 016-120-025 owned by Maria B. Volpone, Trustee of the Volpone Family Trust dated August 12, 1991, generally located southeast of the intersection of Sand Creek Road and O’Hara Avenue, and hereby conveying whatever interest the City may have in said rental property and temporary construction easement to Maria Volpone, Trustee of the Volpone Family Trust dated August 12, 1991.

PREVIOUS ACTION
On June 8, 1999, by Resolution No. 99-138, City Council authorized the City Manager and City Right-of-Way Agent to prepare and execute a standard City agreement for purchase and sale with Mario Volpone and Maria B. Volpone, Trustees of the Volpone Family Trust dated August 12, 1991, as to a ½ interest; and Woodrow V. Roche, Trustee of the Woodrow V. Roche Trust created U/A/D 11/17/89, as to an undivided ½ interest, for the real property identified as a portion of APN 016-120-013 (now APN 016-120-025), which included a fee parcel, rental parcel and temporary construction easement for roadway purposes, for the Sand Creek/O’Hara Loop Project, CIP Project No. 33655. After the staff report was written, it was determined by the attorneys for both sides that the property owners wanted to bring this matter to a swift conclusion. It was decided that a Stipulation Judgment and Final Order of Condemnation from the Court would be the fastest way to complete this transaction. Therefore, City Council approved a settlement and accepted a Final Order of Condemnation to transfer the right-of-way at the above City Council meeting.

BACKGROUND
On August 11, 1999 by Instrument No. 1999-0215405 a Final Order of Condemnation was recorded that transferred fee title to a portion of the Volpone/Roche property, which also included an interest in rental property and a temporary construction easement. The rental property and temporary construction easement provided the City 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.

Staff has determined since the permanent roadway has been completed it is no longer necessary to encumber said property and therefore recommends a Quitclaim Deed be executed to clear title on the property. Since Volpone and Roche no longer jointly own the property the Quitclaim Deed will be to Maria B. Volpone, Trustee of the Volpone Family Trust.

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 ACQUIRED THROUGH FINAL ORDER OF CONDEMNATION FOR RENTAL PROPERTY AND TEMPORARY CONSTRUCTION EASEMENT BEING AN ENCUMBRANCE ON A PORTION OF PROPERTY IDENTIFIED AS APN 016-120-025 OWNED BY MARIA B. VOLPONE, TRUSTEE OF THE VOLPONE FAMILY TRUST DATED AUGUST 12, 1991, GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF SAND CREEK ROAD AND O’HARA AVENUE, AND HEREBY CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN SAID RENTAL PROPERTY AND TEMPORARY CONSTRUCTION EASEMENT TO MARIA VOLPONE, TRUSTEE OF THE VOLPONE FAMILY TRUST DATED AUGUST 12, 1991.

WHEREAS, on June 8, 1999, by Resolution No. 99-138, City Council authorized the City Manager and City Right-of-Way Agent to prepare and execute a standard City agreement for purchase and sale with Mario Volpone and Maria B. Volpone, Trustees of the Volpone Family Trust dated August 12, 1991, as to a ½ interest; and Woodrow V. Roche, Trustee of the Woodrow V. Roche Trust created U/A/D 11/17/89, as to an undivided ½ interest, for the real property identified as a portion of APN 016-120-013 (now APN 016-120-025), which included a fee parcel, rental parcel and temporary construction easement for roadway purposes, for the Sand Creek/O’Hara Loop Project, CIP Project No. 33655. After the staff report was written, it was determined by the attorneys for both sides that the property owners wanted to bring this matter to a swift conclusion. It was decided that a Stipulation Judgment and Final Order of Condemnation from the Court would be the fastest way to complete this transaction. Therefore, City Council approved a settlement and accepted a Final Order of Condemnation to transfer the right-of-way at the above City Council meeting; 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 it is no longer necessary to encumber said property and therefore recommends a Quitclaim Deed be executed to clear title on the property; and

WHEREAS, a Quitclaim Deed is required to transfer any interest the City may have in said rental and construction easement.

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 acquired through Final Order of Condemnation for rental property and temporary construction easement being an encumbrance on a portion of property identified as APN 016-120-025 owned by Maria B. Volpone, Trustee of the Volpone Family Trust dated August 12, 1991, generally located southeast of the intersection of Sand Creek Road and O’Hara Avenue, and hereby conveying whatever interest the City may have in said rental property and temporary construction easement to Maria Volpone, Trustee of the Volpone Family Trust dated August 12, 1991.
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:

Maria B. Volpone
3200 Buskirk Ave.
Walnut Creek, CA 94596

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: 016-120-025
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 Maria Volpone, Trustee of the Volpone Family Trust dated August 12, 1991.

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

The rental parcel and temporary construction easement acquired through the Final Order of Condemnation recorded on August 11, 1999 by Instrument No. 1999-0215405.

It is the intent of the City to terminate its interest created in said Final Order of Condemnation for the rental parcel and temporary construction easement.

Dated: __________________
CITY OF BRENTWOOD, a Municipal corporation


BY: _________________________________ John E. Stevenson, City Manager
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov