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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 4

Meeting Date: August 24, 2004

Subject/Title: Approve a Resolution approving an Agreement for Sale of City owned property to Horace and Norrine Siino.

Prepared by: Engineering: M. Sullivan

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution approving an agreement for sale of City owned property with Horace J. Siino and Norrine A. Siino, his wife, as Joint Tenants, for real property described as a portion of Parcel B in the accepted Offer of Dedication along Fairview Avenue referred to on Subdivision MS 9-77 filed January 16, 1978 in Book 61 of Maps at Page 42 of Contra Costa Records and the remnant purchased as part of the right-of-way acquisition for the realigned Fairview Avenue, related to the Lone Tree Way Widening – Segments 1 and 2 (previously known as The Northwest Quadrant Infrastructure Project), CIP Project No. 336-3127, both properties generally located on the west side of Fairview Avenue south of Horizon Street; hereby conveying real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the Agreement for Sale, and such other documents as may be needed to complete the transaction including execution of a Quitclaim Deed.

PREVIOUS ACTION
On October 21, 2003, by Resolution No. 03-78, Planning Commission of the City of Brentwood approved Siino’s Tentative Map No. 8701, which included the two City properties described above.

BACKGROUND
The realignment of Fairview Avenue required the City to acquire right-of-way from the Albers property located at the southeast corner of Lone Tree Way and the current Fairview Avenue. The right-of-way required to construct Fairview Avenue caused a portion of the Albers property to be cut-off from the remainder parcel. Although this remnant was not needed for the realigned Fairview Avenue project, the City was obligated to purchase this property. Due to the size of Parcel One described in the Agreement for Sale, this property cannot be developed on its own. Since the City does not need this property for any future public improvements, the logical disposition of this remnant is to incorporate it into the Siino project.

Parcel Two described in the Agreement for Sale is the accepted dedication, which was a condition of Subdivision MS 9-77, referred to above (dedication was part of the property now owned by Siino). This dedication was intended for future improvements to Fairview Avenue, but never used for public improvements. The construction of the realigned Fairview Avenue has been completed and staff has determined that this portion of the dedication is not required for future public improvements. Therefore, the logical disposition of this property is to quit claim back to the property owner.

Both of the above parcels will be conveyed by execution of a Quitclaim Deed per the attached Agreement for Sale.

FISCAL IMPACT
None.

Attachments:
Resolution
Site Map
Agreement for Sale

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AGREEMENT FOR SALE OF CITY OWNED PROPERTY WITH HORACE J. SIINO AND NORRINE A. SIINO, HIS WIFE, AS JOINT TENANTS, FOR REAL PROPERTY DESCRIBED AS A PORTION OF PARCEL B IN THE ACCEPTED OFFER OF DEDICATION ALONG FAIRVIEW AVENUE REFERRED TO ON SUBDIVISION MS 9-77 FILED JANUARY 16, 1978 IN BOOK 61 OF MAPS AT PAGE 42 OF CONTRA COSTA RECORDS AND THE REMNANT PURCHASED AS PART OF THE RIGHT-OF-WAY ACQUISITION FOR THE REALIGNED FAIRVIEW AVENUE, RELATED TO THE LONE TREE WAY WIDENING – SEGMENTS 1 AND 2 (PREVIOUSLY KNOWN AS THE NORTHWEST QUADRANT INFRASTRUCTURE PROJECT), CIP PROJECT NO. 336-3127, BOTH PROPERTIES GENERALLY LOCATED ON THE WEST SIDE OF FAIRVIEW AVENUE SOUTH OF HORIZON STREET; HEREBY CONVEYING REAL PROPERTY ON BEHALF OF THE CITY, AND AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE THE AGREEMENT FOR SALE, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION INCLUDING EXECUTION OF A QUITCLAIM DEED.

WHEREAS, on October 21, 2003, by Resolution No. 03-78, Planning Commission of the City of Brentwood approved Siino’s Tentative Map No. 8701, which included the City properties described above; and

WHEREAS, staff has determined that the property acquired by dedication and the remnant purchased as part of the right-of-way acquisition for the realigned Fairview Avenue project are not necessary for any future public improvements; and

WHEREAS, an Agreement for Sale between Horace J. Siino and Norrine A. Siino, husband and wife and the City of Brentwood has been developed and is necessary to transfer property.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood, approves the Agreement for Sale of City owned property with Horace J. Siino and Norrine A. Siino, his wife, as Joint Tenants, for real property described as a portion of Parcel B in the accepted Offer of Dedication along Fairview Avenue referred to on Subdivision MS 9-77 filed January 16, 1978 in Book 61 of Maps at Page 42 of Contra Costa Records and the remnant purchased as part of the right-of-way acquisition for the realigned Fairview Avenue, related to the Lone Tree Way Widening – Segments 1 and 2 (previously known as The Northwest Quadrant Infrastructure Project), CIP Project No. 336-3127, both properties generally located on the west side of Fairview Avenue south of Horizon Street; hereby conveying real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the Agreement for Sale, and such other documents as may be needed to complete the transaction including execution of a Quitclaim Deed.

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:
 

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