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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: August 8, 2006

Subject/Title: Adopt a Resolution approving the execution of a Correction Grant Deed to Golden Hills Community Church, Inc., related to the Lone Tree Way Widening – Segments 1 & 2, CIP Project No. 336-3127 previously known as Northwest Quadrant Infrastructure project, CIP Project No. 336-3127.

Prepared by: Public Works: M. Sullivan

Submitted by: Public Works: G. Grewal

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or her designee to execute a Correction Grant Deed and any other documents as may be needed to complete the transaction, from the City of Brentwood to Golden Hills Community Church, Inc., a California corporation organized under the laws of the State of California, hereby conveying/relinquishing surface rights to real property on behalf of the City for a portion of real property identified as APN 019-032-020 & 019-032-021 previously APN 019-032-007 & 019-040-043, generally located at the southwest corner of Lone Tree Way and Shady Willow Lane, related to the Lone Tree Way Widening – Segments 1 & 2, CIP Project No.336-3127 previously known as Northwest Quadrant Infrastructure Project (Lone Tree Way Widening), CIP Project No. 336-3127.

PREVIOUS ACTION
On November 13, 2001, City Council approved Resolution No. 2400, approving an agreement for purchase of a fee parcel with Golden Hills Community Church, Inc., a California corporation, for a portion of real property identified as APN 019-032-007 and 019-040-043, generally located on the south side of Lone Tree Way, west of Shady Willow 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 agreement, and such other documents as my be needed to complete the transaction including acceptance of the Deed.

BACKGROUND
In November of 2001, the City entered into a Purchase Agreement with the church for a portion of their property. As part of the escrow the church executed the Grant Deed transferring ownership of the property required for the widening of Lone Tree Way and a Quitclaim Deed relinquishing surface rights down to 500 feet, as the church was reserving the oil, gas and mineral rights to the property being transferred to the City. It is not uncommon that the property owner will request that they maintain these rights. The title company has recently discovered that the legal description that was attached to the Quitclaim Deed was incorrect. Apparently, someone in their office inadvertently attached a description that relinquished all the surface rights to their entire parcel to the City, instead of just the portion the City was purchasing.

North American Title Company has requested that the City of Brentwood execute a Correction Grant Deed to correct the surface rights of a parcel of land that is currently owned by Golden Hills Church. Since the City agreed to the church reserving the oil, gas and minerals rights below 500 feet with no surface rights and the Purchase Agreement was approved and executed for only a portion of their property and not the entire property, staff recommends that the City Council approve their request.

This should be considered a housekeeping issue.

FISCAL IMPACT
None.

Attachments:
Resolution
Site Map
Correction Grant Deed

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXECUTE A CORRECTION GRANT DEED AND ANY OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION, FROM THE CITY OF BRENTWOOD TO GOLDEN HILLS COMMUNITY CHURCH, INC., A CALIFORNIA CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF CALIFORNIA, HEREBY CONVEYING/RELINQUISHING SURFACE RIGHTS TO REAL PROPERTY ON BEHALF OF THE CITY FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 019-032-020 & 019-032-021 PREVIOUSLY APN 019-032-007 & 019-040-043, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF LONE TREE WAY AND SHADY WILLOW LANE, RELATED TO THE LONE TREE WAY WIDENING – SEGMENTS 1 & 2, CIP PROJECT NO.336-3127 PREVIOUSLY KNOWN AS NORTHWEST QUADRANT INFRASTRUCTURE PROJECT (LONE TREE WAY WIDENING), CIP PROJECT NO. 336-3127.

WHEREAS, on November 13, 2001, the City Council approved Resolution No. 2400 approving an agreement for purchase of a fee parcel with Golden Hills Community Church, Inc., a California corporation, for a portion of real property identified as APN 019-032-007 and 019-040-043, generally located on the south side of Lone Tree Way, west of Shady Willow 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 agreement, and such other documents as my be needed to complete the transaction including acceptance of the Deed; and

WHEREAS, surface rights to the entire real property identified as APN 019-032-020 & 019-032-021 which was previously known APN 019-032-007 & 019-040-043, was inadvertently relinquished to the City of Brentwood through escrow; and

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

WHEREAS, a Correction Grant Deed executed by the City of Brentwood to the church is required to transfer surface rights to real property that was inadvertently relinquished by the Quitclaim Deed recorded on July 11, 2002, Document No. 2002-0241699.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager or her designee to execute a Correction Grant Deed and any other documents as may be needed to complete the transaction, from the City of Brentwood to Golden Hills Community Church, Inc., a California corporation organized under the laws of the State of California, hereby conveying/relinquishing surface rights to real property on behalf of the City for a portion of real property identified as APN 019-032-020 & 019-032-021 previously APN 019-032-007 & 019-040-043, generally located at the southwest corner of Lone Tree Way and Shady Willow Lane, related to the Lone Tree Way Widening – Segments 1 & 2, CIP Project No.336-3127 previously known as Northwest Quadrant Infrastructure Project (Lone Tree Way Widening), CIP Project No. 336-3127.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 8th day of August 2006 by the following vote:
 

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