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Current Council Agenda and Past Meeting Information

 CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: April 12, 2005

Subject/Title: Adopt a Resolution Quitclaiming an interest in a Temporary Construction Easement to Western Pacific Housing Inc., generally located at the northeast corner of the intersection of Fairview Avenue and Balfour Road.

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 terminating any interest the City of Brentwood may have in a temporary construction easement referred to in a Grant Deed recorded February 11, 1998, Document No. 98-0027564 being an encumbrance on a portion of property identified as APN 012-020-002 now APN 012-020-012, current vested owner, Western Pacific Housing, Inc., a Delaware Corporation, generally located at the northeast corner of the intersection of Fairview Avenue and Balfour Road and hereby conveying whatever interest the City may have in said temporary construction easement to current vested owner, Western Pacific Housing, Inc., a Delaware Corporation.

PREVIOUS ACTION
On August 26, 1997, City Council approved a Right-of-Way Contract with the Castello family for the first phase of the Balfour Road Widening and Storm Drain Installation Project, on a portion of property identified as APN 012-020-002 now APN 012-020-012, (current vested owner, Western Pacific Housing, Inc., a Delaware Corporation) which included a fee acquisition and a temporary construction easement.

BACKGROUND
The current vested property owner has requested that the City quitclaim its interest in the temporary construction easement affecting their property. The Balfour Road Widening and Storm Drain Installation Project have been completed; therefore the temporary construction easement is no longer required. The Quitclaim Deed is required to clear title on said property.

The above action should be considered a housekeeping issue.

FISCAL IMPACT
None.

Attachments:
Resolution
Site Map
Quitclaim Deed

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 TERMINATING ANY INTEREST THE CITY OF BRENTWOOD MAY HAVE IN A TEMPORARY CONSTRUCTION EASEMENT REFERRED TO IN A GRANT DEED RECORDED FEBRUARY 11, 1998, DOCUMENT NO. 98-0027564 BEING AN ENCUMBRANCE ON A PORTION OF PROPERTY IDENTIFIED AS APN 012-020-002 NOW APN 012-020-012, CURRENT VESTED OWNER, WESTERN PACIFIC HOUSING, INC., A DELAWARE CORPORATION, GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF FAIRVIEW AVENUE AND BALFOUR ROAD AND HEREBY CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN SAID TEMPORARY CONSTRUCTION EASEMENT TO CURRENT VESTED OWNER, WESTERN PACIFIC HOUSING, INC., A DELAWARE CORPORATION.

WHEREAS, on August 26, 1997, City Council approved a Right-of-Way Contract with the Castello family for the first phase of the Balfour Road Widening and Storm Drain Installation Project, on a portion of property identified as APN 012-020-002 now APN 012-020-012, (current vested owner Western Pacific Housing, Inc., a Delaware Corporation) which included a fee acquisition and a temporary construction easement; and

WHEREAS, it has been determined that the Balfour Road Widening and Storm Drain Installation Project has been completed; and the temporary construction easement on a portion of APN 012-020-002 now APN 012-020-012 is no longer needed; and

WHEREAS, a Quitclaim Deed is required to transfer any interest the City may have in said temporary construction easement.

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 a temporary construction easement referred to in a Grant Deed recorded February 11, 1998, Document No. 98-0027564 being an encumbrance on a portion of property identified as APN 012-020-002 now APN 012-020-012, current vested owner, Western Pacific Housing, Inc., a Delaware Corporation, generally located at the northeast corner of the intersection of Fairview Avenue and Balfour Road and hereby conveying whatever interest the City may have in said temporary construction easement to current vested owner, Western Pacific Housing, Inc., a Delaware Corporation.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of April 2005 by the following vote:

RECORDING REQUESTED BY:

WHEN RECORDED MAIL TO:

Western Pacific Housing, Inc.
1210 Central Blvd.
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: 012-020-012 previously APN: 012-020-002

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 WESTERN PACIFIC HOUSING, INC., a Delaware Corporation

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

The Temporary Construction Easement referred to in a Grant Deed recorded February 11, 1998 Document No. 98-0027564.

It is the intent of the City to terminate its interest in said Temporary Construction Easement.

Dated: __________________
CITY OF BRENTWOOD, a Municipal corporation


BY: _________________________________ Donna Landeros, City Manager

 

City Administration
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov