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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: July 13, 2004

Subject/Title: Approve a Resolution Quitclaiming an Offer of Dedication for roadway purposes to Lee and Alisha Scott.

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 and any other documents necessary terminating any interest the City of Brentwood may have in that portion of an Irrevocable Offer of Dedication of an easement for roadway purposes lying within Parcel “C” (APN 010-010-015) referred to in the Instrument recorded October 9, 1969, in Book 5979 at Page 227 and shown on Parcel Map MS 121-69, filed October 9, 1969 in Book 10 of Parcel Maps at Pages 38 & 39 (now shown as Parcel A [APN 010-010-028] on Parcel Map MS 355-02, filed in Book 185 of Parcel Maps at Pages 34 & 35), and hereby conveying whatever interest the City may have in the above to Lee Scott and Alisha Scott, as Trustees of The Scott Family Revocable Trust UDT dated December 9, 2002, only as to that portion of the above that may affect the owner’s property.

PREVIOUS ACTION
None.

BACKGROUND
The vested property owners Lee and Alisha Scott have requested that the City quitclaim its interest in an Irrevocable Offer of Dedication easement for roadway purposes described as a 30-foot strip. The original offer was made to Contra Costa County as a condition of approval for Minor Subdivision MS 121-69. The recorded document by the County on October 9, 1969, in Book 5979 at Page 227, did not accept or reject the offer at the time of recordation.

Further said, Irrevocable Offer of Dedication has not been subsequently accepted by the City of Brentwood [a successor jurisdiction of the Board of Supervisors].

The Engineering Department has determined that the request to quitclaim any interest the City may have in said Irrevocable Offer of Dedication does not impact the City’s needs. Therefore, staff recommends quitclaiming any possible interest the City may have in said easement to the vested property owners.

FISCAL IMPACT
None

Attachments:
Resolution
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 QUITCLAIM DEED AND ANY OTHER DOCUMENTS NECESSARY TERMINATING ANY INTEREST THE CITY OF BRENTWOOD MAY HAVE IN THAT PORTION OF AN IRREVOCABLE OFFER OF DEDICATION OF AN EASEMENT FOR ROADWAY PURPOSES LYING WITHIN PARCEL “C” (APN 010-010-015) REFERRED TO IN THE INSTRUMENT RECORDED OCTOBER 9, 1969, IN BOOK 5979 AT PAGE 227 AND SHOWN ON PARCEL MAP MS 121-69, FILED OCTOBER 9, 1969 IN BOOK 10 OF PARCEL MAPS AT PAGES 38 & 39 (NOW SHOWN AS PARCEL A [APN 010-010-028] ON PARCEL MAP MS 355-02, FILED IN BOOK 185 OF PARCEL MAPS AT PAGES 34 & 35), AND HEREBY CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN THE ABOVE TO LEE SCOTT AND ALISHA SCOTT, AS TRUSTEES OF THE SCOTT FAMILY REVOCABLE TRUST UDT DATED DECEMBER 9, 2002, ONLY AS TO THAT PORTION OF THE ABOVE THAT MAY AFFECT THE OWNER’S PROPERTY.

WHEREAS, staff has determined that the request to Quitclaim any interest the City may have in said Irrevocable Offer of Dedication by Lee and Alisha Scott does not impact the City’s needs for roadway purposes; and

WHEREAS, a Quitclaim Deed is required to transfer any interest the City may have to said Irrevocable Offer of Dedication of an easement for roadway purposes.

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 and any other documents necessary terminating any interest the City of Brentwood may have in that portion of an Irrevocable Offer of Dedication of an easement for roadway purposes lying within Parcel “C” (APN 010-010-015) referred to in the Instrument recorded October 9, 1969, in Book 5979 at Page 227 and shown on Parcel Map MS 121-69, filed October 9, 1969 in Book 10 of Parcel Maps at Pages 38 & 39 (now shown as Parcel A [APN 010-010-028] on Parcel Map MS 355-02, filed in Book 185 of Parcel Maps at Pages 34 & 35), and hereby conveying whatever interest the City may have in the above to Lee Scott and Alisha Scott, as Trustees of The Scott Family Revocable Trust UDT dated December 9, 2002, only as to that portion of the above that may affect the owner’s property.

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:

WHEN RECORDED MAIL TO:

Lee and Alisha Scott
300 Concord Ave.
Brentwood, California 94513

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: 010-010-028
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 Lee Scott and Alisha Scott, as Trustees of The Scott Family Revocable Trust UDT dated December 9, 2002


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

That portion of an Irrevocable Offer of Dedication of a 30-foot easement for roadway purposes lying within Parcel “C” located at the north property line (APN 010-010-015) referred to in the Instrument recorded October 9, 1969, in Book 5979 at Page 227 and shown on Parcel Map MS 121-69, filed October 9, 1969 in Book 10 of Parcel Maps at Pages 38 & 39 (now shown as Parcel A [APN 010-010-028] on Parcel Map MS 355-02, filed in Book 185 of Parcel Maps at Pages 34 & 35).

Dated: CITY OF BRENTWOOD, a Municipal corporation

John E. Stevenson, City Manager
 

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