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CITY COUNCIL AGENDA ITEM NO. 6

Meeting Date: October 10, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or her designee to execute a Quitclaim Deed terminating any interest the City of Brentwood may have in that portion of an Irrevocable Offer of Dedication of an Easement for Storm, Flood and Surface Water Drainage to Michael K. Rogge and Karen D. Rogge, generally located south of Lone Tree Way at the intersection of Windy Springs Lane and Rosie Lane.

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 terminating any interest the City of Brentwood may have in that portion of an Irrevocable Offer of Dedication of an Easement for Storm, Flood and Surface Water Drainage lying on the west side of Parcel “C” (APN 019-050-113 & 114) as said parcel is shown upon the Parcel Map filed in the Office of the Recorder of Contra Costa County on August 30, 1973, in Book 29 of Parcel Maps at Page 40 and by separate instrument recorded October 23, 1973, Instrument No. 102349, in Book 7075 of Official Records of Contra Costa County at Page 182, and hereby conveying whatever interest the City may have in said easement to Michael K. Rogge and Karen D. Rogge, generally located south of Lone Tree Way at the intersection of Windy Springs Lane and Rosie Lane.

PREVIOUS ACTION
None.

BACKGROUND
The vested property owners Michael and Karen Rogge have requested that the City Quitclaim any interest in the Irrevocable Offer of Dedication that is currently of record against their property for storm, flood and surface water drainage. The original offer was made to Contra Costa County as required by the permit’s conditions of approval when the property was subdivided. The recorded document by the County on October 23, 1973, in Book 7075 at Page 182, did not accept or reject the offer at the time of recordation. The City of Brentwood has incorporated the area and as successor has the right to accept or reject this offer.

Staff has determined that the request to Quitclaim any interest the City may have in said easement by Michael and Karen Rogge does not impact the City’s needs, as the original storm drainage easement is no longer necessary. An Irrevocable Offer of Dedication was made to the City by the Rogges across their parcel for roadway and public utilities and accepted by the City July 15, 2003. When Subdivision No. 8470 was approved one of the conditions was that Mission Peak construct DA-30C Storm Drain Line A-5 to handle the drainage in the area. This line has been completed under the roadway constructed in the dedicated area and provides sufficient drainage in this area; therefore, the easement encumbering the Rogges’ property is no longer required.
Staff recommends quitclaiming any possible interest the City may have in the easement for storm, flood and surface water drainage.

FISCAL IMPACT
None.

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 TERMINATING ANY INTEREST THE CITY OF BRENTWOOD MAY HAVE IN THAT PORTION OF AN IRREVOCABLE OFFER OF DEDICATION OF AN EASEMENT FOR STORM, FLOOD AND SURFACE WATER DRAINAGE LYING ON THE WEST SIDE OF PARCEL “C” (APN 019-050-113 & 114) AS SAID PARCEL IS SHOWN UPON THE PARCEL MAP FILED IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY ON AUGUST 30, 1973, IN BOOK 29 OF PARCEL MAPS AT PAGE 40 AND BY SEPARATE INSTRUMENT RECORDED OCTOBER 23, 1973, INSTRUMENT NO. 102349, IN BOOK 7075 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY AT PAGE 182 AND HEREBY CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN SAID EASEMENT TO MICHAEL K. ROGGE AND KAREN D. ROGGE, GENERALLY LOCATED SOUTH OF LONE TREE WAY AT THE INTERSECTION OF WINDY SPRINGS LANE AND ROSIE LANE.

WHEREAS, staff has determined that the request to Quitclaim any interest the City may have in said easement by Michael and Karen Rogge does not impact the City’s needs; and

WHEREAS, when Subdivision No. 8470 was approved one of the conditions was that Mission Peak construct DA-30C Storm Drain Line A-5 to handle the drainage in the area; and

WHEREAS, this line has been completed and provides sufficient drainage in this area; and

WHEREAS, the easement was never accepted, has not been used since its dedication in 1973 and is not necessary for drainage, and

WHEREAS, a Quitclaim Deed is required to transfer any interest the City may have to said easement for storm, flood and surface water drainage.

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 terminating any interest the City of Brentwood may have in that portion of an Irrevocable Offer of Dedication of an Easement for Storm, Flood and Surface Water Drainage lying on the west side of Parcel “C” (APN 019-050-113 & 114) as said parcel is shown upon the Parcel Map filed in the Office of the Recorder of Contra Costa County on August 30, 1973, in Book 29 of Parcel Maps at Page 40 and by separate instrument recorded October 23, 1973, Instrument No. 102349, in Book 7075 of Official Records of Contra Costa County at Page 182 and hereby conveying whatever interest the City may have in said easement to Michael K. Rogge and Karen D. Rogge, generally located south of Lone Tree Way at the intersection of Windy Springs Lane and Rosie Lane.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of October 2006 by the following vote:
 

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