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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: May 8, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute a Quit Claim Deed, restoring a portion of abutters rights of access previously relinquished by Frank C. Bellecci and Mona Lynn Bellecci, Calabel Properties Limited Partnership and the Bellecci Family Limited Partnership (“Developer”), as part of Minor Subdivision No. 359-01.

Prepared by: Jessica Ward, Technical Assistant

Submitted by: Bailey Grewal, Director of Public Works/City Engineer

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute a Quit Claim Deed, restoring a portion of abutters rights of access previously relinquished by Frank C. Bellecci and Mona Lynn Bellecci, Calabel Properties Limited Partnership and the Bellecci Family Limited Partnership (“Developer”), as part of Minor Subdivision No. 359-01, filed January 29, 2003, in Book 186 of Parcel Maps at Page 14.

PREVIOUS ACTION
On June 4, 2002, by Resolution 02-29, Planning Commission approved Tentative Parcel Map No. 359-01, on June 4, 2002. The approval of MS No. 359-01 was for the subdivision of a 4.3 acre parcel into 3 parcels.

The Minor Subdivision No. 359-01 was recorded January 29, 2003, in Book 186 of Parcel Maps at Page 14. Upon approval of the Parcel Map the City Engineer accepted the offer of dedication for Business Center Drive of a 20’ Landscape Easement, 5’ Public Utility Easement, Emergency Vehicle Access Easement, and Abutters Rights of Access.

BACKGROUND
The Developer subdivided a 4.3 acre parcel, located at Sand Creek Road and Business Center Drive, into 3 parcels. As part of the project’s specific Conditions of Approval, the Developer was required to relinquish the abutters rights of access along Sand Creek Road, except for one approved driveway location. Relinquishment of abutters rights of access prohibits the Developer from creating unapproved additional access points to Sand Creek Road. At the time of parcel map recordation the Developer relinquished the abutters rights of access along Sand Creek Road, excluding a 20’ wide section on Parcel C, which currently serves as a shared driveway with the adjacent commercial property. Staff has recently approved an encroachment permit application submitted by the Developer for the construction of a secondary driveway which allows an additional access point onto Sand Creek Road from Parcel C. Execution of this Quit Claim Deed will give the Developer the legal right to have the second access point to Sand Creek Road.

FISCAL IMPACT
There is no fiscal impact. It is the Developers responsibility to pay for the construction of the additional driveway and all recording fees necessary to complete this transaction.

Attachments:
Resolution
Site Map
Quit Claim Deed

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A QUIT CLAIM DEED, RESTORING ABUTTERS RIGHTS OF ACCESS PREVIOUSLY RELINQUISHED BY FRANK C. BELLECCI AND MONA LYNN BELLECCI, CALABEL PROPERTIES LIMITED PARTNERSHIP AND THE BELLECCI FAMILY LIMITED PARTNERSHIP (“DEVELOPER”), AS PART OF MINOR SUBDIVISION NO. 359-01.

WHEREAS, staff has determined that the Developer’s request to restore secondary access rights for a 20’ section along Sand Creek Road does not impact the City’s needs; and

WHEREAS, when MS No. 359-01 was approved, one of the project’s specific Conditions of Approval was that the Developer was required to relinquish the abutters rights of access along Sand Creek Road, except for one approved driveway location; and

WHEREAS, a Quit Claim Deed is required to restore the access rights for the 20’ section where the Developer will install the secondary driveway.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager or designee to execute a Quit Claim Deed to restore access rights previously relinquished by Frank C. Bellecci and Mona Lynn Bellecci, Calabel Properties Limited Partnership and the Bellecci Family Limited Partnership (“Developer”), as part of MS No. 359-01.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on this 8th day of May 2007 by the following vote:
 

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