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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: August 24, 2004

Subject/Title: Approve a Resolution authorizing the execution of a Quitclaim Deed for the drainage easement affecting a portion of APN 010-150-033 to Charles and Mary Richards.

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 to terminate any interest the City of Brentwood may have in that portion of an Irrevocable Offer of Dedication of an Easement for Storm, Flood and Surface Water Drainage lying within a portion of APN 010-150-033, generally located south of Balfour Road and east of Guthrie Lane, as described in that certain document recorded December 7, 1973 Series No. 115148 in Book 7108 at Page 591, and hereby conveying whatever interest the City may have in said easement to Charles Richards and Mary Richards.

PREVIOUS ACTION
On May 25, 2004, by Resolution No. 2004-111, City Council authorized the execution of a Quitclaim Deed terminating the City’s interest in the Irrevocable Offer of Dedication for the drainage easement affecting a portion of APN 010-150-034 as described in that certain document recorded December 7, 1973 Series No. 115148 to New Point Development, LLC. (this easement also affects APN 010-150-033, which is the subject of this recommended action).

BACKGROUND
The vested property owners Charles and Mary Richards have requested that the City quitclaim any interest in the Irrevocable Offer of Dedication that is currently of record against their property for storm, flood and surface water drainage. The original offer was made to Contra Costa County as required by the permit’s conditions of approval when the property was subdivided. The recorded document by the County on December 7, 1973 Series No. 115148 in Book 7108 at Page 591 (same easement as referred to in the Previous Action Section of this report) did not accept or reject the offer at the time of recordation. The City of Brentwood has incorporated the area and as successor has the right to accept or reject this offer.

The Engineering Department has determined that the request to quitclaim any interest the City may have in said easement by Charles and Mary Richards does not impact the City’s needs, since 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. Furthermore, the City has already quitclaimed a portion of this easement as stated above.

Staff recommends quitclaiming any possible interest the City may have in the Easement for Storm, Flood and Surface Water Drainage.

FISCAL IMPACT
None.

Attachments:
Resolution
Site Map
Quitclaim

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 TO TERMINATE ANY INTEREST THE CITY OF BRENTWOOD MAY HAVE IN THAT PORTION OF AN IRREVOCABLE OFFER OF DEDICATION OF AN EASEMENT FOR STORM, FLOOD AND SURFACE WATER DRAINAGE LYING WITHIN A PORTION OF APN 010-150-033, GENERALLY LOCATED SOUTH OF BALFOUR ROAD AND EAST OF GUTHRIE LANE, AS DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED DECEMBER 7, 1973 SERIES NO. 115148 IN BOOK 7108 AT PAGE 591, AND HEREBY CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN SAID EASEMENT TO CHARLES RICHARDS AND MARY RICHARDS.

WHEREAS, on May 25, 2004, by Resolution No. 2004-111, City Council authorized the execution of a Quitclaim Deed terminating the City’s interest in the Irrevocable Offer of Dedication for the drainage easement affecting a portion of APN 010-150-034 as described in that certain document recorded December 7, 1973 Series No. 115148 to New Point Development, LLC (This easement also affects a portion of APN 010-150-033, which is the subject of this resolution); and

WHEREAS, staff has determined that the request to quitclaim any interest the City may have in said easement by Charles Richards and Mary Richards does not impact the City’s needs as we have sufficient drainage in this area; and

WHEREAS, a Quitclaim Deed is required to transfer any interest the City may have to said Easement for Storm, Flood and Surface Water Drainage.

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 in that portion of an Irrevocable Offer of Dedication of an Easement for Storm, Flood and Surface Water Drainage lying within a portion of APN 010-150-033, generally located south of Balfour Road and east of Guthrie Lane, as described in that certain document recorded December 7, 1973 Series No. 115148 in Book 7108 at Page 591, and hereby conveying whatever interest the City may have in said easement to Charles Richards and Mary Richards.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24th day of August 2004 by the following vote:

RECORDING REQUESTED BY:

WHEN RECORDED MAIL TO:

Charles Richards and
Mary Richards
5380 Balfour Rd.
Brentwood, CA 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: 010-150-033

EASEMENT 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 Charles Richards and Mary Richards

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

That portion of an “Irrevocable Offer of Dedication” of an Easement for
Storm, Flood and Surface Water Drainage; lying within a portion of
APN 010-150-033 as described in that certain document recorded
December 7, 1973 Series No. 115148 in Book 7108 at Page 591.

Dated: CITY OF BRENTWOOD, a Municipal corporation

BY: JOHN E. STEVENSON, CITY MANAGER
 

City Administration
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Brentwood, CA 94513
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