City of Brentwood

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CITY COUNCIL AGENDA ITEM NO. 04

Meeting Date: August 27, 2002

Subject/Title: Approve a Resolution authorizing the execution of a Quitclaim Deed for Parcel “A” of Subdivision No. 8402 to Pulte Homes.

Submitted by: Engineering: B.Grewal/D.Galey

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution authorizing the Mayor and City Clerk or their designees to execute a Quitclaim Deed to terminate the City’s interest in the Offer of Dedication of Parcel “A”, as shown on that certain final map entitled “Subdivision No. 8402 Brentwood Park”, filed September 7, 2001, in Book 434 of Maps, at Page 1, Contra Costa County and hereby conveying whatever interest the City may have in said parcel to Pulte Homes.

PREVIOUS ACTION
On August 28, 2001 by Resolution No. 2348, the City Council approved the final map of Subdivision No. 8402.

BACKGROUND
Parcel “A” was originally designed as a trailhead from the end of Iris Court to the trail planned through the subdivision along the east side of the Contra Costa County Flood Control Channel. Due to the difficulty with the slopes and grades of the east side of the Contra Costa County Flood Control Channel, the trail was designed along the west side only, with a bridge connecting the east side, and the connection from Iris Court was no longer needed. Pulte Homes has requested to incorporate this small isolated parcel into the 2 adjacent lots by a Lot Line Adjustment.

FISCAL IMPACT
With this quitclaim, the City and the Landscaping and Lighting District for this subdivision can remove any maintenance cost for Parcel “A”.

Attachments:
Resolution
Quitclaim
Site Map
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE MAYOR AND CITY CLERK OR THEIR DESIGNEES TO EXECUTE A QUITCLAIM DEED AND ANY OTHER DOCUMENTS NECESSARY TO TERIMINATE CITY INTEREST IN THE OFFER OF DEDICATION OF PARCEL”A” AS SHOWN ON THAT CERTAIN FINAL MAP ENTITLED “SUBDIVISION NO. 8402 BRENTWOOD PARK”, FILED SEPTEMBER 7, 2001, IN BOOK 434 OF MAPS, AT PAGE 1, CONTRA COSTA COUNTY AND HEREBY CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN SAID PARCEL TO PULTE HOMES

WHEREAS, an offer of dedication of Parcel “A”, as shown on that certain final map entitled “Subdivision No.8402 Brentwood Park”, filed September 7, 2001 , in book 434 of maps, at Page 1, Contra Costa County, was not accepted by the City of Brentwood; and

WHEREAS, the City Council finds that Parcel “A” is no longer required as a trail connection as previously planned; and

WHEREAS, Pulte Homes, Subdivider, has requested vacation and reconveyance of Parcel “A”; and

WHEREAS, Section 66477.5 (c) of California Government Code provides for the reconveyance of a dedication to the Subdivider or its successors if the same public purpose does not exist; and

WHEREAS, the California Streets and Highways Code Sections 8330 and 8334 (c) define when a summary vacation may be accomplished for an unaccepted Offer of Dedication.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that said Offer of Dedication for Parcel “A” is hereby vacated.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 27th day of August 2002 by the following vote:

RECORDING REQUESTED BY:

WHEN RECORDED MAIL TO:

City of Brentwood
Attn: City Clerk
150 City Park Way
Brentwood, CA 94513

SPACE ABOVE THIS LINE FOR RECORDERS USE

MAIL TAX STATEMENTS TO:

SAME AS ABOVE
The undersigned grantor(s) declare(s):
CITY TRANSFER TAX $
DOCUMENTARY TRANSFER TAX $
SURVEY MONUMENT FEE $
____ Computed on the consideration or value of property conveyed; OR
____ Computed on the consideration or value less liens or encumbrances remaining at time of sale.

QUITCLAIM DEED

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF BRENTWOOD, a municipal corporation

does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to

Pulte Home Corporation, a Michigan Corporation

Its interest in the following described real property in the City of Brentwood, County of Contra Costa, State of California:

Parcel “A”, as shown on that certain final map entitled “Subdivision No. 8402 Brentwood Park”, filed September 7, 2001, in Book 434 of Maps, at Page 1, in the office of the County Recorder, Contra Costa County.

Dated: __________________
CITY OF BRENTWOOD, a Municipal corporation

By:_________________________________

City Administration

City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov