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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: August 24, 2004

Subject/Title: Approve a Resolution of Vacation Quitclaiming portions of Fairview Avenue and a portion of property (within said Fairview Avenue right-of-way) previously owned by Contra Costa County Flood Control District (CCCFCD) to the Albers family.

Prepared by: Engineering: M. Kirby\M. Sullivan

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution of Vacation, under the State of California Streets and Highways Code, Division 9, Part 3, Chapter 4, Section 8330(a), authorizing 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 a portion of Fairview Avenue (previous alignment) and a portion of the recently acquired Contra Costa County Flood Control District (CCCFCD) property said properties being shown as “Properties to be Conveyed by Separate Documents” on Parcel Map MS 360-01, entitled “Tri City Plaza” and filed in the Office of the Recorder of Contra Costa County on December 1, 2003 in Book 188 of Parcel Maps at Page 44, generally located south of Lone Tree Way, west of Union Pacific Railroad Right-of-Way and east of the new alignment of Fairview Avenue, and hereby conveying whatever interest the City may have in said portions of Fairview Avenue and a portion of the recently acquired Contra Costa County Flood Control District (CCCFCD) property to Lucia Albers and Monte D. Albers, wife and husband and Elizabeth Ann Iannaccone, a married woman, as her sole and separate property.

PREVIOUS ACTION
On October 23, 2001, by Resolution No. 2392, City Council certified the general Fairview Avenue/Lone Tree Way realignment Environmental Impact Report (EIR) and adopted the general realignment of Fairview Avenue related to the Northwest Quadrant Infrastructure (now known as Lone Tree Way Widening – Segments 1 and 2), CIP Project No. 336-3127.

On September 3, 2002, by Resolution No. 02-58, Planning Commission of the City of Brentwood approved Tri City Plaza Minor Subdivision No. 360-01 (Albers/Iannaccone property), which included the two properties described above.

On September 10, 2002, by Resolution No. 2666, City Council approved a Purchase Agreement with Albers and Iannaccone for the Northwest Quadrant Infrastructure Project (Lone Tree Way Widening & Fairview Avenue Realignment) now known as Lone Tree Way Widening – Segments 1 and 2, CIP Project No. 336-3127.

On August 24, 2004, City Council approved a Resolution approving a Purchase Agreement with Contra Costa County Flood Control and Water District for the Lone Tree Way Widening – Segments 1 and 2, CIP Project No. 336-3127.

BACKGROUND
The City Council approved Purchase Agreement dated September 10, 2002, with Albers and Iannaccone, Item 2B and the approved Tri City Plaza Minor Subdivision No. 360-01 Conditions of Approval, Item 37 both state the City will convey the right-of-way for the existing Fairview Avenue after the new realigned Fairview Avenue was open for traffic. The approved Tri City Plaza Minor Subdivision No. 360-01 map also shows that the recently acquired CCCFCD property is to be conveyed to Tri City Plaza Minor Subdivision No. 360-01.

Fairview Avenue has been relocated from along the eastern boundary of Tri City Plaza (Albers and Iannaccone property) to along the western boundary of Tri City Plaza. The relocated Fairview Avenue does not cut off access to any person’s property that, prior to relocation, adjoined said Fairview Avenue and the recently acquired CCCFCD property. Additionally, the relocation of Fairview Avenue does not terminate any public service easements since the City will reserve a Public Utility Easement over the entire vacated portion of Fairview Avenue and the recently acquired CCCFCD property.

The Engineering Department has determined that the area being vacated does not impact the City’s needs due to the relocation of Fairview Avenue and that it complies with all the requirements of the State of California Streets and Highways Code, Division 9, Part 3, Chapter 4, Section 8330(a). The Engineering Department has also determined a portion of the recently acquired CCCFCD property is not necessary for the infrastructure improvements of Lone Tree Way.

Staff recommends quitclaiming any interest the City may have in said portion of Fairview Avenue (previous alignment) and a portion of the recently acquired Contra Costa County Flood Control District property; however, reserving a Public Utility Easement over the entire vacated properties.

FISCAL IMPACT
None

Attachments:
Resolution
Site Map
Quitclaim Deed

RESOLUTION NO.

A RESOLUTION OF VACATION, UNDER THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE, DIVISION 9, PART 3, CHAPTER 4, SECTION 8330(A), AUTHORIZING 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 FAIRVIEW AVENUE (PREVIOUS ALIGNMENT) AND A PORTION OF THE RECENTLY ACQUIRED CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT (CCCFCD) PROPERTY SAID PROPERTIES BEING SHOWN AS “PROPERTIES TO BE CONVEYED BY SEPARATE DOCUMENTS” ON PARCEL MAP MS 360-01, ENTITLED “TRI CITY PLAZA” AND FILED IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY ON DECEMBER 1, 2003 IN BOOK 188 OF PARCEL MAPS AT PAGE 44, GENERALLY LOCATED SOUTH OF LONE TREE WAY, WEST OF UNION PACIFIC RAILROAD RIGHT-OF-WAY AND EAST OF THE NEW ALIGNMENT OF FAIRVIEW AVENUE, AND HEREBY CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN SAID PORTIONS OF FAIRVIEW AVENUE AND A PORTION OF THE RECENTLY ACQUIRED CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT (CCCFCD) PROPERTY TO LUCIA ALBERS AND MONTE D. ALBERS, WIFE AND HUSBAND AND ELIZABETH ANN IANNACCONE, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY.

THAT PORTION OF FAIRVIEW AVENUE AND THAT PORTION OF THE RECENTLY ACQUIRED CCCFCD PROPERTY TO BE VACATED HAS BEEN SUPERSEDED BY RELOCATION OF FAIRVIEW AVENUE TO THE WEST OF THE VACATED PORTION.

THE RELOCATED FAIRVIEW AVENUE DOES NOT CUT OFF ACCESS TO ANY PERSON’S PROPERTY THAT, PRIOR TO RELOCATION, ADJOINED SAID FAIRVIEW AVENUE AND THAT PORTION OF THE RECENTLY ACQUIRED CCCFCD PROPERTY.

THE RELOCATION OF FAIRVIEW AVENUE DOES NOT TERMINATE ANY PUBLIC SERVICE EASEMENTS SINCE THE CITY WILL RESERVE A PUBLIC UTILITY EASEMENT OVER THE ENTIRE VACATED PORTION OF FAIRVIEW AVENUE AND A PORTION THE RECENTLY ACQUIRED CCCFCD PROPERTY.

THIS RESOLUTION IS PRIMA FACIE EVIDENCE OF THE FACTS STATED ABOVE.

FROM AND AFTER THE DATE OF RECORDATION OF THIS RESOLUTION, THOSE PORTIONS OF FAIRVIEW AVENUE AND THE RECENTLY ACQUIRED CCCFCD PROPERTY DESCRIBED ABOVE NO LONGER CONSTITUTE A PUBLIC STREET.

WHEREAS, on October 23, 2001, by Resolution No. 2392, City Council certified the general Fairview Avenue/Lone Tree Way realignment Environmental Impact Report (EIR) and adopted the general realignment of Fairview Avenue related to the Northwest Quadrant Infrastructure (now known as Lone Tree Way Widening – Segments 1 and 2), CIP Project No. 336-3127; and

WHEREAS, on September 3, 2002, by Resolution No. 02-58, Planning Commission of the City of Brentwood approved Tri City Plaza Minor Subdivision No. 360-01 (Albers/Iannaccone property), which included the two properties described above; and

WHEREAS, on September 10, 2002, by Resolution No. 2666, City Council approved a Purchase Agreement with Albers and Iannaccone for the Northwest Quadrant Infrastructure Project (Lone Tree Way Widening & Fairview Avenue Realignment) now known as Lone Tree Way Widening – Segments 1 and 2, CIP Project No. 336-3127; and

WHEREAS, on August 24, 2004, City Council approved a Purchase Agreement with Contra Costa County Flood Control and Water District for the Lone Tree Way Widening – Segments 1 and 2, CIP Project No. 336-3127; and

WHEREAS, staff has determined that the area being vacated does not impact the City’s needs and meets all requirements under the State of California Streets and Highways Code, Division 9, Part 3, Chapter 4, Section 8330(a); and

WHEREAS, the City would reserve a Public Utility Easement over and across the area for maintenance and replacement of existing utility poles and overhead wires; and

WHEREAS, a Quitclaim Deed is required to transfer any interest the City may have to said Fairview Avenue and said recently acquired CCCFCD property.

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 Fairview Avenue (previous alignment) and a portion of the recently acquired Contra Costa County Flood Control District (CCCFCD) property said properties being shown as “Properties to be Conveyed by Separate Documents” on Parcel Map MS 360-01, entitled “Tri City Plaza” and filed in the Office of the Recorder of Contra Costa County on December 1, 2003 in Book 188 of Parcel Maps at Page 44, generally located south of Lone Tree Way, west of Union Pacific Railroad Right-of-Way and east of the new alignment of Fairview Avenue, and hereby conveying whatever interest the City may have in said portions of Fairview Avenue and a portion of the recently acquired Contra Costa County Flood Control District (CCCFCD) Property to Lucia Albers and Monte D. Albers, wife and husband and Elizabeth Ann Iannaccone, a married woman, as her sole and separate property.

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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