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CITY COUNCIL AGENDA ITEM NO. 21

Meeting Date: October 9, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute an Easement Quitclaim Deed for the City-owned drainage easement pertaining to the Shady Willow Plaza project, Design Review No. 05-03, to GNG, LLC, a California Limited Liability Company.

Prepared by: Dee Boskovic, Associate Engineer

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

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute an Easement Quitclaim Deed for the City-owned drainage easement pertaining to the Shady Willow Plaza project, Design Review No. 05-03, terminating any interest the City of Brentwood (“City”) may have in that portion of an Irrevocable Offer of Dedication of an Easement for Storm Drainage lying within Parcel “A” (APN 019-040-056) as said parcel is shown upon the Parcel Map filed in the Office of the Recorder of Contra Costa County on October 24, 1973, in Book 30 of Parcel Maps at page 41, located at the southeast corner of Lone Tree Way and Shady Willow Lane, and hereby conveying whatever interest the City may have in said easement to GNG, LLC, a California Limited Liability Company, the current owner of the Parcel “A,” and any other documents necessary to terminate City of Brentwood’s interest in said easement.

PREVIOUS ACTION
On October 24, 1973, Parcel Map 30 M 41 was recorded showing a 35-foot wide strip of land for drainage purposes dedicated to Contra Costa County over the southerly portion of Parcels “A” and “B.” This easement was accepted by Contra Costa County on December 9, 1975, Document/Series # 75-1187222.

On August 2, 2005, by Resolution No. 05-41, Planning Commission approved Design Review No. 05-03 for construction of Shady Willow Plaza consisting of 4 buildings providing a total of 29,200 square feet for retail uses, located at the southeast corner of Shady Willow Lane and Lone Tree Way.

BACKGROUND
GNG, LLC, the vested property owner, has requested that the City quitclaim any interest in the Irrevocable Offer of Dedication that is currently of record against its property for storm drainage. The original offer was made to Contra Costa County as required by the permit’s conditions of approval when the property was subdivided.

All the public improvements, including storm drainage, have been constructed and accepted by the City. The Engineering Department has determined that the request to quitclaim any interest the City may have in said easement by GNG, LLC does not impact the City’s needs, as the original storm drainage easement is no longer necessary.

Staff recommends quitclaiming any possible interest the City may have in the Easement for Storm Drainage.

FISCAL IMPACT
None.

Attachments:
Resolution
Quitclaim Deed
Site Map


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN EASEMENT 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 WATER DRAINAGE LYING WITHIN PARCEL “A” (APN 019-040-056) AS SAID PARCEL IS SHOWN UPON THE PARCEL MAP FILED IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY ON OCTOBER 24, 1973, IN BOOK 30 OF PARCEL MAPS AT PAGE 41, LOCATED AT THE SOUTHEAST CORNER OF LONE TREE WAY AND SHADY WILLOW LANE, AND HEREBY CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN SAID EASEMENT TO GNG, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND ANY OTHER DOCUMENTS NECESSARY TO TERMINATE CITY OF BRENTWOOD’S INTEREST IN SAID EASEMENT.

WHEREAS, Staff has determined that the request to quitclaim any interest the City of Brentwood (“City”) may have in said easement by GNG, LLC does not impact the City’s needs as there is sufficient drainage in this area; and

WHEREAS, an Easement Quitclaim Deed is required to transfer any interest the City may have to said Easement for Storm Drainage.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood approves and authorizes the City Manager or designee to execute an Easement 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 Drainage lying within Parcel “A” (APN 019-040-056) as said parcel is shown upon the Parcel Map filed in the Office of the Recorder of Contra Costa County on October 24, 1973, in Book 30 of Parcel Maps at Page 41, located at the southeast corner of Lone Tree Way and Shady Willow Lane, and hereby conveying whatever interest the City may have in said easement to GNG, LLC, a California Limited Liability Company, and any other documents necessary to terminate City of Brentwood’s interest in said easement.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of October 2007 by the following vote:

 

 

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