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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 10

Meeting Date: October 12, 2004

Subject/Title: Approve a Resolution authorizing the Execution of Quitclaim Deeds for a portion of landscape easements within Subdivision No. 8395 to Alfred C. and Lorraine M. Nunes, Frank A. and Deborah McDowell, Sau Van Nguyen and Loan Bich Phan and Ralph and Lori Sanabria.

Prepared by: Engineering: D. Galey

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution authorizing the City Manager and City Clerk or their designees to execute Quitclaim Deeds to terminate the City’s interest in a portion of Grants of Easements for landscaping purposes, within Subdivision No. 8395, located near the intersection of Fairview Avenue and Roselinda Drive, as shown on those certain documents series No. 2004-164028 and No. 2004-164029 filed May 4, 2004 and hereby conveying whatever interest the City may have in those portions of said easements to Alfred C. and Lorraine M. Nunes, Frank A. and Deborah McDowell, Sau Van Nguyen and Loan Bich Phan and Ralph and Lori Sanabria.

PREVIOUS ACTION
On June 6, 2000, by Resolution 00-28, Planning Commission approved Tentative Subdivision Map No. 8395 with conditions of approval.

On June 11, 2002, by Resolution 2567, City Council approved Final Map No. 8395.

BACKGROUND
Lots 50, 51, 62 and 63 of Subdivision No. 8395, Stonebrooke I, are located near the intersection of Fairview Avenue and Roselinda Drive north of Sand Creek Road. This intersection includes an enhanced landscaped area and entry monument into the subdivision with landscape easements granted to the City for the maintenance of these areas. The landscape easements that were granted included additional areas of private front and side yards that are typically maintained by the property owner. Execution of these quitclaims will allow the property owners to maintain these front and side yard areas without the encumbrance of an easement on their lots.

FISCAL IMPACT
Landscape and Lighting District No. 99-3 has previously been formed to maintain the public area landscaping, including the entry monument at Fairview Avenue and Roselinda Drive.

Attachments:
Resolution
Site Map
Quitclaims

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER AND CITY CLERK OR THEIR DESIGNEES TO EXECUTE QUITCLAIM DEEDS AND ANY OTHER DOCUMENTS NECESSARY TO TERIMINATE CITY INTEREST IN A PORTION OF GRANTS OF EASEMENT FILED MAY 4, 2004, SERIES NO. 2004-164028 AND SERIES NO. 2004-164029, CONTRA COSTA COUNTY, AND HEREBY CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN THOSE PORTIONS OF SAID PARCELS TO ALFRED C. AND LORRAINE M. NUNES, FRANK A. AND DEBORAH A. MCDOWELL, SAU VAN NGUYEN AND LOAN BICH PHAN AND RALPH AND LORI SANABRIA.

WHEREAS, Grants of Easements for landscaping purposes, filed May 4, 2004, Series No. 2004-164028 and Series No. 2004-164029, Contra Costa County were accepted by the City; and

WHEREAS, the Grants of Easements included additional areas of private property to be maintained by the property owners; and

WHEREAS, Section 66477.5 (c) of California Government Code provides for the reconveyance of a dedication to the subdivider or its successors if the same public purpose does not exist.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood authorizes the City Manager and City Clerk or their designees to execute Quitclaim Deeds terminating any interest the City may have in those portions of Grants of Easements, filed May 4, 2004, Series No. 2004-164028 and Series No.2004-164029, Contra Costa County.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 12th day of October 2004 by the following vote:

RECORDING REQUESTED BY:


WHEN RECORDED MAIL TO:

City of Brentwood
Attn: City Clerk
150 City Park Way
Brentwood, CA 94513

SPACE ABOVE THIS LINE FOR RECORDERS USE

MAIL TAX STATEMENTS TO:

SAME AS ABOVE
The undersigned grantor(s) declare(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.

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:

SAU VAN NGUYEN AND LOAN BICH PHAN

AND

RALPH AND LORI SANABRIA

Its interest in that certain Easement for landscaping purposes recorded May 4, 2004, Series 2004-164029 in the Office of the County Recorder, County of Contra Costa, State of California, being a portion of APNs 017-570-017 and 017-570-016:

SEE ATTACHED “EXHIBIT A”

Dated: __________________
CITY OF BRENTWOOD, a Municipal corporation

By:_________________________________
City Manager

RECORDING REQUESTED BY:

WHEN RECORDED MAIL TO:

City of Brentwood
Attn: City Clerk
150 City Park Way
Brentwood, CA 94513

SPACE ABOVE THIS LINE FOR RECORDERS USE

MAIL TAX STATEMENTS TO:

SAME AS ABOVE
The undersigned grantor(s) declare(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.
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:

ALFRED C. NUNES AND LORRAINE M. NUNES
AND
FRANK A. MCDOWELL AND DEBORAH A. MCDOWELL

Its interest in that certain Easement for landscaping purposes recorded May 4, 2004, Series 2004-164028 in the Office of the County Recorder, County of Contra Costa, State of California, being a portion of APNs 017-560-046 and 017-560-035:
SEE ATTACHED “EXHIBIT A”

Excepting therefrom that portion as described as follows:
SEE ATTACHED “EXHIBIT B”

Dated: __________________
CITY OF BRENTWOOD, a Municipal corporation

By:_________________________________
City Manager
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov