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. 15



Meeting Date: May 25, 2004

Subject/Title: Approve a Resolution authorizing the execution of a Quitclaim Deed for the drainage easement affecting a portion of APN 010-150-034 to New Point Development, LLC.

Prepared by: Engineering: D.Galey

Submitted by: Engineering: B. Grewal



RECOMMENDATION
Approve a Resolution authorizing the City Manager and City Clerk or their designees to execute a Quitclaim Deed to terminate the City’s interest in the Offer of Dedication for the drainage easement affecting a portion of APN 010-150-034, located south of Balfour Road and east of Guthrie Lane, as shown on that certain document recorded December 7, 1973 Series No. 115148, and hereby conveying whatever interest the City may have in said parcel to New Point Development, LLC.

PREVIOUS ACTION
On May 7, 2002 by Resolution No. 02-23, Planning Commission approved Design Review No. 01-04 for a professional office/commercial project located on the east side of Guthrie Lane.

On November 11, 2002, City Council approved a Development Agreement to contribute $100,000 of PEC funds to New Point Development for a 50,000 square foot commercial development and approved a Standard Commercial, Office and Industrial Development Fee Payment Agreement with New Point Development.

BACKGROUND
This easement was originally dedicated for the purpose of surface storm drainage of this and surrounding properties. Now that the area has developed and drainage improvements have been installed on Balfour Road, Guthrie Lane, and the residential developments to the east and south of this site, this easement for surface drainage is no longer needed. The property is now being developed as a commercial site and is encumbered with an easement that is no longer necessary. At the request of the commercial developer, we are therefore quitclaiming the easement back to the current property owner.

FISCAL IMPACT
None.

Attachments:
Resolution
Quitclaim

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER AND CITY CLERK OR THEIR DESIGNEES TO EXECUTE A QUITCLAIM DEED AND ANY OTHER DOCUMENTS NECESSARY TO TERIMINATE CITY INTEREST IN THE OFFER OF DEDICATION FOR DRAINAGE EASEMENT AFFECTING A PORTION OF APN 010-150-034, LOCATED SOUTH OF BALFOUR ROAD AND EAST OF GUTHRIE LANE, AS SHOWN ON THAT CERTAIN DOCUMENT FILED DECEMBER 7, 1973, INSTRUMENT NO. 115148 IN BOOK 7108, AT PAGE 591, CONTRA COSTA COUNTY AND HEREBY CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN SAID PARCEL TO NEW POINT DEVELOPMENT, LLC.


WHEREAS, an offer of dedication for a drainage easement, as shown on that certain document filed December 7, 1973, Instrument No. 115148 in Book 7108, at Page 591, Contra Costa County, was accepted by Contra Costa County; and

WHEREAS, City Council finds that due to the construction of storm drain improvements, the purpose of the easement is no longer required; and

WHEREAS, New Point Development, LLC, has requested vacation and reconveyance of the drainage easement; and

WHEREAS, Section 66477.5 (c) of California Government Code provides for the reconveyance of a dedication to the Subdivider or its successors if the same public purpose does not exist.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood authorizes the City Manager or City Clerk or their designees to execute a Quitclaim Deed terminating any interest the City may have in said Offer of Dedication for Drainage Easement.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 25th of May 2004 by the following vote:




RECORDING REQUESTED BY:





WHEN RECORDED MAIL TO:

City of Brentwood
Attn: City Clerk
150 City Park Way
Brentwood, CA 94513















SPACE ABOVE THIS LINE FOR RECORDERS USE

MAIL TAX STATEMENTS TO:


SAME AS ABOVE
The undersigned grantor(s) declare(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.

QUITCLAIM DEED

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

does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to

New Point Development, LLC, a Limited Liability Company

Its interest in the following described real property in the City of Brentwood, County of Contra Costa, State of California, being a portion of APN 010-150-034:

Drainage Easement, as shown on that certain document recorded December 7, 1973 Series No.115148, Book 7108, Page 591 in the office of the County Recorder, Contra Costa County.

Dated: __________________
CITY OF BRENTWOOD, a Municipal corporation

By:_________________________________
 

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