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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 14

Meeting Date: January 24, 2006

Subject/Title: Adopt a Resolution authorizing the City Manager or her designee to execute a Quitclaim Deed and any other documents necessary, for a portion of the Water Easement affecting APN 019-010-039 to Lone Tree Center, LLC.

Prepared by: Engineering: P. Eldredge

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute a Quitclaim Deed to terminate the City’s interest in the Offer of Dedication for a portion of the Water Easement affecting APN 019-010-039, located north of Lone Tree Way and west of Fairview Avenue, as shown on that certain document filed September 3, 2003, Book 188 of Parcel Maps, Page 6, Office of the County Recorder of Contra Costa County, State of California, and hereby conveying whatever interest the City may have in that portion of said easement to Lone Tree Center, LLC.

PREVIOUS ACTION
On May 28, 2002 by Resolution 2564, City Council denied all appeals and upheld Planning Commission’s approval of Design Review No. 01-32, for a 179,500 SF shopping center and Tentative Parcel Map MS No. 362-02, with conditions.

On August 20, 2003, the City Engineer approved Final Parcel Map MS No. 362-02 and accepted Offers of Dedication for Easements as identified in Municipal Code Section 16.060.040.

BACKGROUND
This easement was originally dedicated for the purpose of City operation and maintenance of a public waterline serving the multiple commercial parcels and buildings at the Lone Tree Center, as well as adjacent residential properties. A corner of one of the buildings on the commercial site was constructed within a small portion of this water easement. To unencumber the building and clear title, the commercial developer has requested the City quitclaim a portion of the easement to the property owner. The remaining portion of the original 15-foot easement will still provide sufficient area for City maintenance and operation of the waterline.

FISCAL IMPACT
None.

Attachments:
Resolution
Quitclaim Deed

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXECUTE A QUITCLAIM DEED AND ANY OTHER DOCUMENTS NECESSARY TO TERIMINATE CITY INTEREST IN THE OFFER OF DEDICATION FOR A PORTION OF THE WATER EASEMENT AFFECTING APN 019-010-039, LOCATED NORTH OF LONE TREE WAY AND WEST OF FAIRVIEW AVENUE, AS SHOWN ON THAT CERTAIN DOCUMENT FILED SEPTEMBER 3, 2003, BOOK 188 OF PARCEL MAPS, PAGE 6, OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, AND HEREBY CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN THAT PORTION OF SAID EASEMENT TO LONE TREE CENTER, LLC.

WHEREAS, an offer of dedication for a water easement, as shown on that certain document filed September 3, 2003, Book 188 of Parcel Maps, at Page 6, Contra Costa County, was accepted by the City of Brentwood; and

WHEREAS, the City Council finds that the public waterline is able to be maintained without this portion of the easement; therefore, the purpose of this portion of the easement is no longer required; and

WHEREAS, the property owner, Lone Tree Center, LLC, has requested vacation and reconveyance of the water easement; 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; and

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood authorizes the City Manager or her designee to execute a Quitclaim Deed terminating any interest the City may have in said Offer of Dedication for a portion of the Water Easement, located north of Lone Tree Way and west of Fairview Avenue, as shown on that certain document filed September 3, 2003, Book 188 of Parcel Maps, at Page 6, Contra Costa County and reconveying said portion to Lone Tree Center, LLC.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 24th day of January 2006 by the following vote:

RECORDING REQUESTED BY:

City of Brentwood
150 City Park Way
Brentwood, CA 94513

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

Lone Tree Center LLC, a Limited Liability Company

Its interest in the following described real property in the City of Brentwood, County of Contra Costa, State of California, being a portion of APN 019-010-039:

See Exhibits “A” and “B” attached hereto and made a part hereof.

Dated: __________________
CITY OF BRENTWOOD,
a Municipal Corporation

By:_________________________________
Donna Landeros, City Manager
 

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