CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: July 13, 2004

Subject/Title: Approve a Resolution for the execution of a Correction Quitclaim Deed to the Pierce/Martin 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 Correction Quitclaim Deed conveying the following: (1) hereby conveying the fee interest in all right, title and interest in and to all oil, gas casinghead gasoline and other hydrocarbons and mineral substances below 500 feet without surface entry rights in the property conveyed to the City by Grant Deed recorded November 8, 2002, Instrument No. 2002-0416671-00; (2) hereby conveying all mineral rights described in the areas offered for dedication to the City on Parcel Map MS 362-02 filed September 3, 2003 in Contra Costa County, Map Book 188 at Pages 6 through 9, generally known as the Winco site located on the north side of Lone Tree Way between Empire Avenue and Fairview Avenue, from Rose Marie Pierce, as trustee of The Elmo Clifford and Rose Marie Pierce Surviving Spouse’s Trust, as to an undivided ½ interest; Paul Martin, a married man, Ralph Martin, a married man, James Martin and Lawrence Martin, a married man as to an undivided ½ interest; all as tenants in common, and any other documents necessary to terminate City interest in the above, as may be needed to complete the transfer.

PREVIOUS ACTION
On February 5, 2002, by Resolution No. 02-05, Planning Commission approved Parcel Map MS 362-02 (TSM 8617) as conditioned.

On October 28, 2002, by Resolution No. 99-170, City Council accepted a Grant Deed for a portion of APN 019-010-008 from the Pierce and Martin families (Winco Project) for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127 (Lone Tree Widening) now known as Lone Tree Way Widening – Segments 1 & 2.

On November 25, 2003, by Resolution No. 3037, City Council authorized the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed conveying the fee interest in mineral rights below 500 feet without surface entry rights in the Grant Deed recorded November 8, 2002 by Instrument No. 2002-0416671-00 and in the areas offered for dedication to the City on Parcel Map MS 362-02 filed September 3, 2003 in Contra Costa County, Map Book 188 at Pages 6 through 9, generally known as the Winco site to the Martin Family.

BACKGROUND
Recently Staff has been informed that the wording for Quitclaiming the mineral rights to the Martin family, agreed to by all parties in the Quitclaim Deed and Resolution approved on November 25, 2003, as currently recorded, is being interpreted by a third party in a different manner than was intended . Therefore, staff recommends a Correction Quitclaim Deed and Resolution be recorded to clarify the City’s intent. This should be considered a housekeeping issue as staff is just rewording the description in the Quitclaim Deed and in the Resolution for clarification purposes and no new action is taking place.

FISCAL IMPACT
None

Attachments:
Resolution
Correction Quitclaim Deed
Site Map

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 CORRECTION QUITCLAIM DEED CONVEYING THE FOLLOWING: (1) HEREBY CONVEYING THE FEE INTEREST IN ALL RIGHT, TITLE AND INTEREST IN AND TO ALL OIL, GAS CASINGHEAD GASOLINE AND OTHER HYDROCARBONS AND MINERAL SUBSTANCES BELOW 500 FEET WITHOUT SURFACE ENTRY RIGHTS IN THE PROPERTY CONVEYED TO THE CITY BY GRANT DEED RECORDED NOVEMBER 8, 2002, INSTRUMENT NO. 2002-0416671-00; (2) HEREBY CONVEYING ALL MINERAL RIGHTS DESCRIBED IN THE AREAS OFFERED FOR DEDICATION TO THE CITY ON PARCEL MAP MS 362-02 FILED SEPTEMBER 3, 2003 IN CONTRA COSTA COUNTY, MAP BOOK 188 AT PAGES 6 THROUGH 9, GENERALLY KNOWN AS THE WINCO SITE LOCATED ON THE NORTH SIDE OF LONE TREE WAY BETWEEN EMPIRE AVENUE AND FAIRVIEW AVENUE, FROM ROSE MARIE PIERCE, AS TRUSTEE OF THE ELMO CLIFFORD AND ROSE MARIE PIERCE SURVIVING SPOUSE’S TRUST, AS TO AN UNDIVIDED ½ INTEREST; PAUL MARTIN, A MARRIED MAN, RALPH MARTIN, A MARRIED MAN, JAMES MARTIN AND LAWRENCE MARTIN, A MARRIED MAN AS TO AN UNDIVIDED ½ INTEREST; ALL AS TENANTS IN COMMON, AND ANY OTHER DOCUMENTS NECESSARY TO TERMINATE CITY INTEREST IN THE ABOVE, AS MAY BE NEEDED TO COMPLETE THE TRANSFER.
WHEREAS, on February 5, 2002, by Resolution No. 02-05, Planning Commission approved Parcel Map MS 362-02 (TSM 8617) as conditioned; and

WHEREAS, the City of Brentwood’s fee interest in offers of dedication shown upon Parcel Map MS 362-02 filed September 3, 2003, Contra Costa County, Map Book 188 at Pages 6 through 9, inadvertently included mineral rights; and

WHEREAS, on October 28, 2002, by Resolution No. 99-170 the City of Brentwood accepted a Grant Deed for a portion of APN 019-010-008, inadvertently included all right, title and interest in and to all oil, gas, casinghead gasoline and other hydrocarbons and mineral substances from the Pierce and Martin families (Winco Project) for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127 (Lone Tree Widening) now known as Lone Tree Way Widening – Segments 1 & 2; and

WHEREAS, on November 25, 2003, by Resolution No. 3037 the City of Brentwood authorized the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed conveying the fee interest in mineral rights below 500 feet without surface entry rights in the Grant Deed recorded November 8, 2002 by Instrument No. 2002-0416671-00 and in the areas offered for dedication to the City on Parcel Map MS 362-02 filed September 3, 2003 in Contra Costa County, Map Book 188 at Pages 6 through 9, generally known as the Winco site to the Martin Family; and

WHEREAS, it is customary for owners to reserve all mineral rights on Parcel Maps; and

WHEREAS, its customary for owners to reserve all right, title and interest in and to all oil, gas, casinghead gasoline and other hydrocarbons and mineral substances below 500 feet without surface entry rights when conveying property to the City; and

WHEREAS, staff has determined that the request to quitclaim any interest the City may have in said mineral rights (Parcel Map MS 362-02) and all right, title and interest in and to all oil, gas, casinghead gasoline and other hydrocarbons and mineral substances below 500 feet without surface entry rights (Instrument No. 2003-0608975-00) does not impact the City’s needs; and

WHEREAS, a Correction Quitclaim Deed is required to clarify the transfer of any interest the City may have described in the Quitclaim Deed recorded December 19, 2003 in Instrument No. 2003-0608975-00.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood does hereby authorize the Mayor or City Manager and City Clerk or any of their designees to execute a Correction Quitclaim Deed conveying the following: (1) hereby conveying the fee interest in all right, title and interest in and to all oil, gas casinghead gasoline and other hydrocarbons and mineral substances below 500 feet without surface entry rights in the property conveyed to the City by Grant Deed Recorded November 8, 2002, Instrument No. 2002-0416671-00; (2) hereby conveying all mineral rights described in the areas offered for dedication to the City on Parcel Map MS 362-02 filed September 3, 2003 in Contra Costa County, Map Book 188 at Pages 6 through 9, generally known as the Winco site located on the north side of Lone Tree Way between Empire Avenue and Fairview Avenue, from Rose Marie Pierce, as trustee of The Elmo Clifford and Rose Marie Pierce Surviving Spouse’s Trust, as to an undivided ½ interest; Paul Martin, a married man, Ralph Martin, a married man, James Martin and Lawrence Martin, a married man as to an undivided ½ interest; all as tenants in common, and any other documents necessary to terminate City interest in the above, as may be needed to complete the transfer.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of July 2004 by the following vote:

RECORDING REQUESTED BY:
City of Brentwood

WHEN RECORDED MAIL TO:
Paul Martin
805 Fletcher Lane #1
Hayward, CA 94544

SPACE ABOVE THIS LINE FOR RECORDERS USE

MAIL TAX STATEMENTS TO:

SAME AS ABOVE
The undersigned grantor(s) delare(s):
CITY TRANSFER TAX $ 0
DOCUMENTARY TRANSFER TAX $ 0
SURVEY MONUMENT FEE $ 0
____ 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: 019-010-008 ptn.
CORRECTION 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
Rose Marie Pierce, as Trustee of the Elmo Clifford and Rose Marie Pierce Surviving Spouse’s Trust, as to an undivided ½ interest; Paul Martin, a married man, Ralph Martin, a married man, James Martin and Lawrence Martin, a married man as to an undivided ½ interest; all as tenants in common

the real property in the City of Brentwood
County of Contra Costa, State of California, described as

EXHIBIT “A” AND EXHIBIT “B” ATTACHED
HERETO AND MADE A PART HEREOF.

Dated: ___________________ CITY OF BRENTWOOD, a Municipal corporation

BY:
JOHN E. STEVENSON, CITY MANAGER
EXHIBIT “A”

All right, title and interest in and to all oil, gas, casinghead gasoline and other hydrocarbons and mineral substances below a point 500 feet below the surface of said land, hereinafter described together with the right to take, remove, mine, pass through and dispose of all said oil, gas, casinghead gasoline and other hydrocarbons and mineral substances but without any right of surface entry.

Parcels of land situated in Section 2, Township 1 North, Range 2 East, Mount Diablo Base and Meridian, in the City of Brentwood, County of Contra Costa, State of California, described as follows:

Rights-of-way for roadway purposes more particularly described as follows:

Parcel One:

The southerly 22 feet of that certain parcel of land described in the Deed to Lena R.G. Cakebread and Theordore G. Cakebread recorded May 1, 1934 in Volume 360 of Official Records at Page 297, Records of said County.

Containing 14,520 square feet or 0.33 acres, more or less.

Parcel Two:

Beginning at the southwest corner of the parcel of and described in the Deed from Lena R.G. Cakebread, et al, to Pelligrino Giannini, recorded May 1, 1934, in Volume 360 of Official Records, at Page 297, Records of said County; thence from said POINT OF BEGINNING, southerly along the direct extension of the west line of said Giannini parcel to the north line of Lone Tree Way; thence easterly along the north line of Lone Tree Way to the direct extension, southerly of east line of said Giannini parcel; thence northerly along said extended line to the south line of said Giannini parcel; thence westerly along said south line to the POINT OF BEGINNING.

Excepting therefrom that portion of Parcel Two above, granted in the Deed to Contra Costa County, recorded April 11, 1991, in Book 16513 of Official Records, Page 336, and as Instrument No. 91-64319, records of said County.

Containing 17,869 square feet or 0.41 acres, more or less.

EXHIBIT “B”

Parcels of land situated in Section 2, Township 1 North, Range 2 East, Mount Diablo Base and Meridian, in the City of Brentwood, County of Contra Costa, State of California, described as follows:

All mineral rights as described above in dedications offered to the City of Brentwood on the map entitled ”Parcel Map Subdivision No. MS 362-02” recorded September 3, 2003 in Book 188 of Parcel Maps, at Page 6 in the office of the County Recorder of Contra Costa County, State of California.