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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: April 27, 2004

Subject/Title: Approve a Resolution Quitclaiming an interest in a Temporary Street/Roadway Easement to the Mangini Family.

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 in a temporary street/roadway easement being an encumbrance on a portion of property identified as APN 016-120-020 owned by Eugene E. Mangini, as Trustee of the Eugene E. Mangini Trust Dated December 6, 1999, Louis Mangini and Marian Mangini, 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 temporary street/roadway easement to Eugene E. Mangini, as Trustee of the Eugene E. Mangini Trust Dated December 6, 1999, Louis Mangini and Marian Mangini.

PREVIOUS ACTION
On February 8, 2000, by Resolution No. 2010, City Council authorized the City Legal Counsel to prepare, have executed and file with the Court a Stipulation for Judgment on the property owned by Eugene Mangini, a single man, as to an undivided ½ interest; Louis Mangini and Marian Mangini, his wife, as Joint Tenants, as to an undivided ½ interest, and located at the site of the City’s Sand Creek/O’Hara Avenue Extension Project, and identified as a portion of APN 016-120-010 (now APN 016-120-020) and APN 016-130-004, which included a fee parcel and a temporary street/roadway easement, for the Sand Creek/O’Hara Loop Project, CIP Project No. 33655.

BACKGROUND
On June 1, 2000 by Instrument No. 2000-0112569 a Final Order of Condemnation was recorded that transferred fee title to a portion of the Mangini property, which also included an interest in a temporary street/roadway easement. The temporary street/roadway 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.

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 IN A TEMPORARY STREET/ROADWAY EASEMENT BEING AN ENCUMBRANCE ON A PORTION OF PROPERTY IDENTIFIED AS APN 016-120-020 OWNED BY EUGENE E. MANGINI, AS TRUSTEE OF THE EUGENE E. MANGINI TRUST DATED DECEMBER 6, 1999, LOUIS MANGINI AND MARIAN MANGINI, 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 TEMPORARY STREET/ROADWAY EASEMENT TO EUGENE E. MANGINI, AS TRUSTEE OF THE EUGENE E. MANGINI TRUST DATED DECEMBER 6, 1999, LOUIS MANGINI AND MARIAN MANGINI.

WHEREAS, on February 8, 2000, by Resolution No. 2010, City Council authorized the City Legal Counsel to prepare, have executed and file with the Court a Stipulation for Judgment on the property owned by Eugene Mangini, a single man, as to an undivided ½ interest; Louis Mangini and Marian Mangini, his wife, as Joint Tenants, as to an undivided ½ interest, and located at the site of the City’s Sand Creek/O’Hara Avenue Extension Project, and identified as a portion of APN 016-120-010 (now APN 016-120-020) and APN 016-130-004, which included a fee parcel and a temporary street/roadway easement, 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 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 temporary street/roadway 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 in a temporary street/roadway easement being an encumbrance on a portion of property identified as APN 016-120-020 owned by Eugene E. Mangini, Trustee of Eugene E. Mangini Trust Dated December 6, 1999, Louis Mangini and Marian Mangini, 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 temporary street/roadway easement to Eugene E. Mangini, Trustee of the Eugene E. Mangini Trust Dated December 6, 1999, Louis Mangini and Marian Mangini.

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:

Louis and Marian Mangini
Eugene Mangini
24 Mangini Drive
Pleasant Hill, CA 94523

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: 016-120-020
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 Eugene E. Mangini, Trustee of the Eugene E. Mangini Trust Dated December 6, 1999, Louis Mangini and Marian Mangini

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

The temporary street/roadway easement acquired through the Final Order of Condemnation recorded on June 1, 2000 by Instrument No. 2000-0112569.

It is the intent of the City to terminate its interest created in said Final Order of Condemnation for the temporary street/roadway easement.

Dated: __________________
CITY OF BRENTWOOD, a Municipal corporation


BY: _________________________________ John E. Stevenson, City Manager
 

City Administration
City of Brentwood City Council
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