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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: May 25, 2004

Subject/Title: Approve a Resolution authorizing the execution of a Quitclaim Deed for a portion of Parcel B, Subdivision No. 7882 to Steven and Wendy Bumbaca.

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 a portion of Parcel B, Subdivision No. 7882, located south of San Jose Avenue and west of the State Route 4 Bypass, as shown on that certain Final Map filed September 11, 2001, Map Book 434, Page 40 and hereby conveying whatever interest the City may have in that portion of said parcel to Steven and Wendy Bumbaca.

PREVIOUS ACTION
On January 9, 2001, by Resolution No. 2216, City Council approved Final Map No. 7882 and accepted the offer of dedication for Parcel B.

On August 28, 2001, by Resolution No. 2350, City Council approved Final Map No. 8210.

BACKGROUND
Lot 39 of Subdivision No. 8210, Shadowlakes, and Parcel B of Subdivision No. 7882, Brentwood Hills, are adjacent to one another on their respective northerly and southerly property lines. Parcel B (containing approximately 4.3 acres) was dedicated on the final map to the City by the developer of Subdivision No. 7882 for open space, and is now a City owned parcel. During construction of Lot 39, the retaining wall and rear yard fence was installed approximately 3 feet north of the actual property line, and therefore into Parcel B. The developer has requested, on behalf of the homeowner, the City approve a lot line adjustment and quitclaim the 3 feet to the homeowner so that the fence line and property line will be consistent.

FISCAL IMPACT
None.

Attachments:
Resolution
Quitclaim
Letter from Brookfield Homes

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 A PORTION OF PARCEL B, AS SHOWN ON THE MAP OF SUBDIVISION NO. 7882, LOCATED SOUTH OF SAN JOSE AVENUE AND WEST OF THE STATE ROUTE 4 BYPASS, FILED SEPTEMBER 11, 2001, MAP BOOK 434, PAGE 16, CONTRA COSTA COUNTY, AND HEREBY CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN THAT PORTION OF SAID PARCEL TO STEVEN AND WENDY BUMBACA.

WHEREAS, an offer of dedication for Parcel B, as shown on the Map of Subdivision No. 7882, filed September 11, 2001, Map Book 434, Page 16, Contra Costa County was accepted by the City; and

WHEREAS, Brookfield Homes, has requested a Lot Line Adjustment and Quitclaim of a portion of Parcel B; and

WHEREAS, the City Council finds that due to construction of fence improvements within Parcel B, a Lot Line Adjustment and Quitclaim is necessary; 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 authorize the City Manager and City Clerk or their designees to execute a Quitclaim Deed terminating any interest the City may have in a portion of Parcel B as shown on the Map of Subdivision No. 7882, filed September 11, 2001, Map Book 434, Page 16, Contra Costa County.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 25th day 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

Steven Bumbaca and Wendy Bumbaca

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 019-120-058:

SEE ATTACHED “EXHIBIT A”

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