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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: August 22, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or her designee to execute a Quitclaim Deed and such other documents as may be needed to hereby convey City owned property to Ronald V. Maselli and Wanda M. Maselli, at the corner of Sand Creek Road and O’Hara Avenue.

Prepared by: Public Works: M. Sullivan

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or her designee to execute a Quitclaim Deed and such other documents as may be needed to hereby convey real property on behalf of the City to Ronald V. Maselli and Wanda M. Maselli for real property identified as a portion of Parcel B on Record of Survey Map in Book 50 LSM Page 30, generally located at the northwest corner of Sand Creek Road and O’Hara Avenue, which was a remnant acquired as part of the right-of-way acquisition for the Sand Creek Road (East), CIP Project No. 336-3061 in 2001.

PREVIOUS ACTION
On May 23, 2000, by Resolution No. 2076, City Council certified and approved the Negative Declaration and adopted the 2000-2005 Capital Improvement Program (CIP), which included the Sand Creek Road (East), CIP Project No. 336-3061.

BACKGROUND
The Sand Creek Road East project from the railroad tracks to what was known as the O’Hara Loop required the City to acquire right-of-way from several properties. Two of the properties were owned by Maselli and Cornelius. Their properties also would require right-of-way in the future for the extension of O’Hara Avenue. Both property owners requested that the City acquire the O’Hara Avenue right-of-way at the same time, as they wanted to know exactly what their property would be after all the acquisitions by the City. The Cornelius family was considering selling and they would be required to disclose this information. The City complied with their request. The acquisition of the right-of-way for O’Hara Avenue caused a portion of the Cornelius property to be cut-off from the remainder parcel. The City was obligated to purchase this remnant, although it was not required for the project.

The City has now completed the extension of O’Hara Avenue including the sound wall on the west side of O’Hara Avenue that connects with the sound wall at the intersection of Sand Creek Road and O’Hara Avenue. The City had been using said remnant above as access to construct the sound walls in this area. Due to the irregular shape, undevelopable size, location of the remnant and the fact that with the completion of the sound wall the City no longer has access to this area, causing it to be land locked; the logical disposition is to incorporate it into the Maselli property. The existing improvements on O’Hara Avenue north are constructed to handle the ultimate configuration consisting of a separate left turn lane, a right turn lane and two thru lanes. The ultimate configuration will require minor re-striping, which will occur when O’Hara Avenue is widened south of the intersection. The continued retention of this remnant causes the City to incur unnecessary maintenance costs.

During acquisition of rights-of way from Maselli, it was discussed that after road construction, any remnant piece of property on the west side of O’Hara Avenue would be quit claimed to Maselli for his cooperation in said project.

Staff recommends that the City dispose of this surplus property by conveying it to the owners of the only property adjacent to the land locked remnant and that the transfer of title take place by execution of a Quitclaim Deed.

FISCAL IMPACT
The conveyance of this property will relieve the City of an estimated $800 a year in maintenance costs plus unknown costs of several thousand dollars, to acquire an unnecessary easement for the purposes of access to maintain said remnant.

Attachments:
Resolution
Site Map
Quitclaim 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 QUITCLAIM DEED AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO HEREBY CONVEY REAL PROPERTY ON BEHALF OF THE CITY TO RONALD V. MASELLI AND WANDA M. MASELLI FOR REAL PROPERTY IDENTIFIED AS A PORTION OF PARCEL B ON RECORD OF SURVEY MAP IN BOOK 50 LSM PAGE 30, GENERALLY LOCATED AT THE NORTHWEST CORNER OF SAND CREEK ROAD AND O’HARA AVENUE, WHICH WAS A REMNANT ACQUIRED AS PART OF THE RIGHT-OF-WAY ACQUISITION FOR THE SAND CREEK ROAD (EAST), CIP PROJECT NO. 336-3061 IN 2001.

WHEREAS, on May 23, 2000, by Resolution No. 2076, City Council certified and approved the Negative Declaration and adopted the 2000-2005 Capital Improvement Program (CIP), which included the Sand Creek Road (East), CIP Project No. 336-3061; and

WHEREAS, project improvements have been constructed and staff has determined that the remnant purchased as part of the right-of-way acquisition for the Sand Creek Road (East), CIP Project No. 336-3061, to extend O’Hara Avenue is not necessary as the ultimate configuration will be accomplished by minor re-striping, which will occur when O’Hara Avenue is widened south of the intersection and continued retention of this remnant causes the City to incur unnecessary maintenance costs; and

WHEREAS, due to the irregular shape, undevelopable size, location of the remnant and the fact that with the completion of the sound wall the City no longer has access to this area causing it to be land locked, the logical disposition is to incorporate it into the only adjacent property, currently owned by Maselli; and

WHEREAS, a Quitclaim Deed between Maselli and the City of Brentwood has been developed and is necessary to transfer property.

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 Quitclaim Deed and such other documents as may be needed to hereby convey real property on behalf of the City to Ronald V. Maselli and Wanda M. Maselli for real property identified as a portion of Parcel B on Record of Survey Map in Book 50 LSM Page 30, generally located at the northwest corner of Sand Creek Road and O’Hara Avenue, which was a remnant acquired as part of the right-of-way acquisition for the Sand Creek Road (East), CIP Project No. 336-3061 in 2001.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22nd day of August 2006 by the following vote:
 

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