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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: April 12, 2005

Subject/Title: Adopt a Resolution to execute a correction of a Grant Deed to Jim and Becky Estenson related to the Brentwood Boulevard/Lone Tree Way Wastewater Project, CIP Project No. 592-5910.

Prepared by: Engineering: M. Sullivan

Submitted by: Engineering: G. Grewal

RECOMMENDATION
Adopt a Resolution to execute a Grant Deed from the City of Brentwood to Jim Estenson and Becky Estenson, husband and wife, as Joint Tenants, for a portion of real property identified as APN 018-180-100 previously APN 018-180-010, generally located on the west side of Brentwood Boulevard between Grant Street and Gregory Lane, 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 any other documents as may be needed to complete the transaction.

PREVIOUS ACTION
On May 7, 2002, by Resolution No. 02-18, Planning Commission confirmed that the proposed 2002/03 – 2006/07 Capital Improvement Program (CIP) is consistent with the adopted General Plan of the City of Brentwood as required by Section 6540l of the Government Code.

On May 28, 2002, by Resolution No. 2549, City Council adopted the City’s 2002/03 – 2006/07 Capital Improvement Program that included the Brentwood Boulevard/Lone Tree Way Wastewater Project, CIP Project No. 592-5910.

On October 22, 2002, by Resolution No. 2707, City Council approved an agreement for purchase of a fee parcel with Jim Estenson and Becky Estenson, husband and wife, as Joint Tenants, for a portion of real property identified as APN 018-180-010, generally located on the west side of Brentwood Boulevard between Grant Street and Gregory Lane, hereby accepting 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 purchase agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed for the Brentwood Boulevard/Lone Tree Way Wastewater Project, CIP Project No. 592-5910.

BACKGROUND
North American Title Company has requested that the City of Brentwood execute a Grant Deed to correct the ownership of a parcel of land that is currently shown on the Contra Costa County Records as belonging to the City of Brentwood. In October of 2002, the City entered into a Purchase Agreement with the Estensons for a portion of their property. The title company has recently discovered that the legal description that was attached to the Grant Deed through escrow from the Estensons to the City was incorrect. Apparently, someone in their office inadvertently attached a description which conveyed the entire parcel to the City, instead of a portion of the property running parallel to Brentwood Boulevard.

Since the City only intended to purchase a portion of the property and paid for only a portion of the property and the Purchase Agreement was approved and executed for a portion of the property, staff recommends that the City comply with their request.

This should be considered a housekeeping issue.

FISCAL IMPACT
None.

Attachments:
Resolution
Site Map
Grant Deed

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING EXECUTING A GRANT DEED FROM THE CITY OF BRENTWOOD TO JIM ESTENSON AND BECKY ESTENSON, HUSBAND AND WIFE AS JOINT TENANTS, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 018-180-100 PREVIOUSLY APN 018-180-010, GENERALLY LOCATED ON THE WEST SIDE OF BRENTWOOD BOULEVARD BETWEEN GRANT STREET AND GREGORY LANE, 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 ANY OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION.


WHEREAS, on May 7, 2002, by Resolution No. 02-18, Planning Commission confirmed that the proposed 2002/03 – 2006/07 Capital Improvement Program (CIP) is consistent with the adopted General Plan of the City of Brentwood as required by Section 65401 of the Government Code; and

WHEREAS, on May 28, 2002, by Resolution No. 2549, City Council adopted the City’s 2002/03 – 2006/07 Capital Improvement Program that included the Brentwood Boulevard/Lone Tree Wastewater Project, CIP Project No. 592-5910; and

WHEREAS, on October 22, 2002, by Resolution No. 2707, City Council approved an agreement for purchase of a fee parcel with Jim Estenson and Becky Estenson, husband and wife, as Joint Tenants, for a portion of real property identified as APN 018-180-010, generally located on the west side of Brentwood Boulevard between Grant Street and Gregory Lane, hereby accepting 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 purchase agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed for the Brentwood Boulevard/Lone Tree Way Wastewater Project, CIP Project No. 592-5910; and

WHEREAS, a real property identified as APN 018-180-100 which was a portion of property previously known as APN 018-180-010, was inadvertently transferred to the City of Brentwood through escrow; and

WHEREAS, the Purchase Agreement approved on October 22, 2002 between the City of Brentwood and the Estenson was for a portion of real property and not the entire parcel; and

WHEREAS, a Grant Deed executed by the City of Brentwood to the Estensons is required to transfer that portion of real property that was inadvertently transferred by the Grant Deed recorded on December 30, 2002, Document No. 2002-0500308.

THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that the execution of a Grant Deed, hereby conveying real property on behalf of the City is hereby authorized and approved.

BE IT FURTHER RESOLVED that the Mayor or City Manager and City Clerk or any of their designees are authorized to execute any other documents as may be need to complete the transaction.

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: 

 

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