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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: December 11, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute a Quitclaim Deed to Trilogy Vineyards, LLC for Parcel “Y” and Parcel “FF” of Final Map No. 8796, located easterly and westerly respectively of the State Route 4 Bypass Segment 3.

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 a Quitclaim Deed hereby conveying an interest in real property from the City of Brentwood to Trilogy Vineyards, LLC for Parcel “Y” and Parcel “FF” of Final Map No. 8796, located easterly and westerly respectively of the State Route 4 Bypass Segment 3.

PREVIOUS ACTION
On March 16, 2004, by Resolution No. 04-20, Planning Commission of the City of Brentwood approved Tentative Subdivision Map No. 8796 for Vineyards at Marsh Creek Project, consisting of 473.58 acres.

On April 27, 2004, by Ordinance No. 778, City Council approved the Development Agreement for the Vineyards at Marsh Creek Project.

BACKGROUND
The Final Map for Subdivision No. 8796 developed by Shea Homes (Trilogy) (“Developer”) is located westerly of the State Route 4 Bypass and west of Marsh Creek. Per the Conditions of Approval of the Tentative Subdivision Map, the Developer was required to construct water quality/detention basins over Parcel “Y” and “FF” of Final Map No. 8796.

Parcel “Y” (11.57 acres) and Parcel “FF” (4.23 acres) were dedicated in fee to the City for detention basin use only, and the dedications have been accepted by the City. During the progress of the development, additional utility improvements were constructed, which include the maintenance road, fencing, sewer and storm drain lines, landscaping, irrigation and all other associated improvements.

The proper process to re-designate the associated land uses is to quitclaim the existing deed per Section 66477.5 of the Subdivision Map Act, which states that the local agency shall reconvey the property to the subdivider if the same public purpose does not exist or, in other words, the property is to be utilized for purposes other than originally contemplated or not used at all for public purposes. The Developer will provide the City the new grant deed documents for these two parcels for public use prior to acceptance of any of these improvements or final execution of this quitclaim by the City.

FISCAL IMPACT
There is no fiscal impact associated with this Quitclaim Deed.

Attachments:
Resolution
Quitclaim Deed
Exhibit A

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A QUITCLAIM DEED HEREBY CONVEYING AN INTEREST IN REAL PROPERTY FROM THE CITY OF BRENTWOOD TO TRILOGY VINEYARDS, LLC FOR PARCEL “Y” AND PARCEL “FF” OF FINAL MAP NO. 8796, LOCATED EASTERLY AND WESTERLY RESPECTIVELY OF THE STATE ROUTE 4 BYPASS SEGMENT 3.

WHEREAS, on March 16, 2004, by Resolution No. 04-20, Planning Commission of the City of Brentwood approved the Vineyards at Marsh Creek Project, Tentative Subdivision Map No. 8796, which had Parcels “Y” and Parcel “FF” dedicated in fee to the City for detention basins and accepted at the same time; and

WHEREAS, on April 27, 2004, by Ordinance No. 778, City Council of City of Brentwood approved the Development Agreement for the Vineyards at Marsh Creek Project; and

WHEREAS, Parcel “Y” (11.57 acres) and Parcel “FF” (4.23 acres) were dedicated in fee to the City for detention basin use only, and the dedications have been accepted by the City; and

WHEREAS, during development, additional utility improvements were constructed, which include the maintenance road, fencing, sewer and storm drain lines, landscaping, irrigation and all other associated improvements; and

WHEREAS, due to the additional installed improvements, the Developer needs to grant additional rights for those utilities; and

WHEREAS, the proper process to re-designate the associated land uses is to quitclaim the existing deed per Section 66477.5 of the Subdivision Map Act; and

WHEREAS, the Developer will provide the City the new grant deed documents for these two parcels for public use prior to acceptance of any of these improvements or final execution of this quitclaim by the City.

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 Quitclaim Deed hereby conveying an interest in real property from the City of Brentwood to Trilogy Vineyards, LLC for Parcel “Y” and Parcel “FF” of Final Map No. 8796, located easterly and westerly respectively of the State Route 4 Bypass Segment 3.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of December 2007 by the following vote:

 
 
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