Att. 1
Att. 1 RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLACERVILLE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO QUITCLAIM INTERESTS IN REAL PROPERTY AND TO VACATE EXCESS RIGHT OF WAY WHEREAS, the City is currently preparing a street improvement project for upper Broadway and needs to clarify its right of way for those improvements; and WHEREAS, there are recorded documents which apparently grant the necessary right of way to the City but which along with other recorded documents create an ambiguity as to the exact interests of the City and the adjoining property owners along the proposed street improvements; and WHEREAS, it is in the City’s best interests to enter into an agreement which clarifies and delineates the boundary lines of the adjoining property owners and the City’s right of way; and WHEREAS, the attached agreement resolves those issues and provides the City with sufficient right of way for the proposed street improvements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Placerville as follows: 1. The City of Placerville hereby authorizes the City Manager to execute the Agreement to Quitclaim Interests in Real Property and to Vacate Excess Right of Way attached hereto and incorporated herein by reference. The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placerville held on June 28, 2016, by Councilmember _____________, who moved its adoption. The motion was seconded by Councilmember ____________. A poll vote was taken which stood as follows: AYES: NOES: ABSTAIN: ABSENT: _________________________ Mayor Trisha Wilkins ATTEST: ______________________ Regina O’Connell, City Clerk
AGREEMENT TO QUITCLAIM INTERESTS IN REAL PROPERTY AND TO VACATE EXCESS RIGHT OF WAY
This Agreement is made and entered into on June ___, 2016 by and among the City of Placerville, hereinafter referred to as “CITY” and Golden Pacific Bank, NA hereinafter referred to as BANK and Richard R. Rood and Darlene Y. Rood, hereinafter referred to as “ROOD”.
RECITALS WHEREAS, ROOD is desirous of purchasing certain real property located at 1540 Broadway, Placerville, El Dorado County, CA and Parcel 1 as shown on that certain Parcel Map recorded on June 14, 1978 in Book 20 of Parcel Maps at page 39 official records of the County of El Dorado (PARCEL MAP) which properties are collectively referred hereinafter to as “the PROPERTY”; and WHEREAS, BANK is the owner of the PROPERTY and is desirous of selling the PROPERTY; and WHEREAS, ROOD and BANK have opened an escrow at Placer Title Company for the transfer of the PROPERTY from BANK to ROOD; and WHEREAS, CITY is undertaking a street improvement project on Broadway adjacent to the PROPERTY; and WHEREAS, Stella and Almon Brewster (BREWSTER) were predecessors in interest with respect to the PROPERTY and on February 15, 1932 BREWSTER granted to the State of California a right of way for road purposes over the northerly portion of their real property (EASEMENT); and WHEREAS, the State of California subsequently relinquished portions of the EASEMENT where Broadway is located to the CITY and County of El Dorado respectively and the CITY subsequently annexed that portion relinquished to the County of El Dorado; and WHEREAS, Louis E. Shinn was a predecessor in interest with respect to the real property depicted on said PARCEL MAP and caused said PARCEL MAP to be recorded; and WHEREAS, said PARCEL MAP notes the center line of Broadway fifty (50) feet to the north of the north boundary of the parcels depicted on said PARCEL MAP and further notes the right of way EASEMENT granted by BREWSTER to the State of California in 1932; and
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WHEREAS, because of the location of the northern boundary line of the subject parcels as depicted on the PARCEL MAP, there is uncertainty as to whether or not the underlying fee title to the EASEMENT area north of the property depicted on said PARCEL MAP remains vested in Louis E. Shinn or his heirs WHEREAS, Louis E, Shinn is deceased and left his estate to his son, Scott L. Shinn; and WHEREAS, presently there is not a clear delineation of the northern boundary of the PROPERTY and the southern boundary of the Broadway street improvements; and WHEREAS, CITY does not require all of the area described in the EASEMENT north of 1540 Broadway and north of Parcel 1 for the Broadway street improvement project and CITY is willing to vacate that excess right of way to BANK as the owner of the 1540 Broadway property and Parcel 1; and WHEREAS, CITY, BANK and ROOD desire to delineate and define the northern boundary of the PROPERTY as well as the CITY’s right of way for Broadway and related street improvements; and
IT IS HEREBY AGREED AS FOLLOWS: 1. BANK shall execute a quitclaim deed to CITY for that potion of the EASEMENT area that is north of the southern edge of the Broadway street improvements (back of sidewalk) adjacent to 1540 Broadway which area is more particularly described in EXHIBIT “A-1” attached hereto and incorporated herein by reference and depicted on EXHIBIT “B-1” attached hereto and incorporated herein by reference.
2. CITY shall cause a summary vacation of excess right of way to BANK for that portion of the EASEMENT/right of way area that is south of the southern edge of the Broadway street improvements (back of sidewalk) adjacent to 1540 Broadway more particularly described in EXHIBIT “A-2” attached hereto and incorporated herein by reference and depicted on EXHIBIT “B-2” attached hereto and incorporated herein by reference.
3. CITY shall cause a summary vacation of excess right of way to BANK for that portion of the EASEMENT/right of way area that is south of the southern edge of the Broadway street improvements (back of sidewalk) adjacent to Parcel 1 more particularly described in EXHIBIT “A-3” attached hereto and incorporated herein by reference and depicted on EXHIBIT “B-3” attached hereto and incorporated herein by reference. City shall also execute quitclaim deeds to BANK for the areas described in this paragraph and paragraph 2 above. 2
4. The quitclaim deed referred in paragraph 1 and 3 above shall be executed and deposited into the escrow at Placer Title Company for the transfer of the PROPERTY to ROOD and shall be recorded upon the close of said escrow. 5. CITY shall process the summary vacations referred to in paragraphs 2 and 3 above and record the City Council’s resolutions of vacation. 6. This Agreement is conditioned upon the CITY being able to obtain a quitclaim deed to CITY for that area comprising the EASEMENT area north of the PARCEL MAP and more particularly described on EXHIBIT “A-6” attached hereto and incorporated herein by reference and depicted on EXHIBIT “B-6” attached hereto and incorporated herein by reference from Scott L. Shinn, the surviving heir of Louis E. Shinn. 7. Upon receipt of said quitclaim, duly executed, CITY shall cause said quitclaim deed to be deposited in the escrow referred to above to be recorded upon the close of escrow. Should escrow not close for any reason, said quitclaim deed shall be returned to CITY
_____________________
City of Placerville
Darlene Y. Rood
By: ______________________ M. Cleve Morris
_______________________
City Manager
Richard R. Rood
Golden Pacific Bank, NA By: _____________________
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLACERVILLE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO QUITCLAIM INTERESTS IN REAL PROPERTY AND TO VACATE EXCESS RIGHT OF WAY WHEREAS, the City is currently preparing a street improvement project for upper Broadway and needs to clarify its right of way for those improvements; and WHEREAS, there are recorded documents which apparently grant the necessary right of way to the City but which along with other recorded documents create an ambiguity as to the exact interests of the City and the adjoining property owners along the proposed street improvements; and WHEREAS, it is in the City’s best interests to enter into an agreement which clarifies and delineates the boundary lines of the adjoining property owners and the City’s right of way; and WHEREAS, the attached agreement resolves those issues and provides the City with sufficient right of way for the proposed street improvements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Placerville as follows: 1. The City of Placerville hereby authorizes the City Manager to execute the Agreement to Quitclaim Interests in Real Property and to Vacate Excess Right of Way attached hereto and incorporated herein by reference. The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placerville held on June 28, 2016, by Councilmember _____________, who moved its adoption. The motion was seconded by Councilmember ____________. A poll vote was taken which stood as follows: AYES: NOES: ABSTAIN: ABSENT: _________________________ Mayor Trisha Wilkins ATTEST: ______________________ Regina O’Connell, City Clerk
AGREEMENT TO QUITCLAIM INTERESTS IN REAL PROPERTY AND TO VACATE EXCESS RIGHT OF WAY
This Agreement is made and entered into on June ___, 2016 by and among the City of Placerville, hereinafter referred to as “CITY” and Golden Pacific Bank, NA hereinafter referred to as BANK and Richard R. Rood and Darlene Y. Rood, hereinafter referred to as “ROOD”.
RECITALS WHEREAS, ROOD is desirous of purchasing certain real property located at 1540 Broadway, Placerville, El Dorado County, CA and Parcel 1 as shown on that certain Parcel Map recorded on June 14, 1978 in Book 20 of Parcel Maps at page 39 official records of the County of El Dorado (PARCEL MAP) which properties are collectively referred hereinafter to as “the PROPERTY”; and WHEREAS, BANK is the owner of the PROPERTY and is desirous of selling the PROPERTY; and WHEREAS, ROOD and BANK have opened an escrow at Placer Title Company for the transfer of the PROPERTY from BANK to ROOD; and WHEREAS, CITY is undertaking a street improvement project on Broadway adjacent to the PROPERTY; and WHEREAS, Stella and Almon Brewster (BREWSTER) were predecessors in interest with respect to the PROPERTY and on February 15, 1932 BREWSTER granted to the State of California a right of way for road purposes over the northerly portion of their real property (EASEMENT); and WHEREAS, the State of California subsequently relinquished portions of the EASEMENT where Broadway is located to the CITY and County of El Dorado respectively and the CITY subsequently annexed that portion relinquished to the County of El Dorado; and WHEREAS, Louis E. Shinn was a predecessor in interest with respect to the real property depicted on said PARCEL MAP and caused said PARCEL MAP to be recorded; and WHEREAS, said PARCEL MAP notes the center line of Broadway fifty (50) feet to the north of the north boundary of the parcels depicted on said PARCEL MAP and further notes the right of way EASEMENT granted by BREWSTER to the State of California in 1932; and
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WHEREAS, because of the location of the northern boundary line of the subject parcels as depicted on the PARCEL MAP, there is uncertainty as to whether or not the underlying fee title to the EASEMENT area north of the property depicted on said PARCEL MAP remains vested in Louis E. Shinn or his heirs WHEREAS, Louis E, Shinn is deceased and left his estate to his son, Scott L. Shinn; and WHEREAS, presently there is not a clear delineation of the northern boundary of the PROPERTY and the southern boundary of the Broadway street improvements; and WHEREAS, CITY does not require all of the area described in the EASEMENT north of 1540 Broadway and north of Parcel 1 for the Broadway street improvement project and CITY is willing to vacate that excess right of way to BANK as the owner of the 1540 Broadway property and Parcel 1; and WHEREAS, CITY, BANK and ROOD desire to delineate and define the northern boundary of the PROPERTY as well as the CITY’s right of way for Broadway and related street improvements; and
IT IS HEREBY AGREED AS FOLLOWS: 1. BANK shall execute a quitclaim deed to CITY for that potion of the EASEMENT area that is north of the southern edge of the Broadway street improvements (back of sidewalk) adjacent to 1540 Broadway which area is more particularly described in EXHIBIT “A-1” attached hereto and incorporated herein by reference and depicted on EXHIBIT “B-1” attached hereto and incorporated herein by reference.
2. CITY shall cause a summary vacation of excess right of way to BANK for that portion of the EASEMENT/right of way area that is south of the southern edge of the Broadway street improvements (back of sidewalk) adjacent to 1540 Broadway more particularly described in EXHIBIT “A-2” attached hereto and incorporated herein by reference and depicted on EXHIBIT “B-2” attached hereto and incorporated herein by reference.
3. CITY shall cause a summary vacation of excess right of way to BANK for that portion of the EASEMENT/right of way area that is south of the southern edge of the Broadway street improvements (back of sidewalk) adjacent to Parcel 1 more particularly described in EXHIBIT “A-3” attached hereto and incorporated herein by reference and depicted on EXHIBIT “B-3” attached hereto and incorporated herein by reference. City shall also execute quitclaim deeds to BANK for the areas described in this paragraph and paragraph 2 above. 2
4. The quitclaim deed referred in paragraph 1 and 3 above shall be executed and deposited into the escrow at Placer Title Company for the transfer of the PROPERTY to ROOD and shall be recorded upon the close of said escrow. 5. CITY shall process the summary vacations referred to in paragraphs 2 and 3 above and record the City Council’s resolutions of vacation. 6. This Agreement is conditioned upon the CITY being able to obtain a quitclaim deed to CITY for that area comprising the EASEMENT area north of the PARCEL MAP and more particularly described on EXHIBIT “A-6” attached hereto and incorporated herein by reference and depicted on EXHIBIT “B-6” attached hereto and incorporated herein by reference from Scott L. Shinn, the surviving heir of Louis E. Shinn. 7. Upon receipt of said quitclaim, duly executed, CITY shall cause said quitclaim deed to be deposited in the escrow referred to above to be recorded upon the close of escrow. Should escrow not close for any reason, said quitclaim deed shall be returned to CITY
_____________________
City of Placerville
Darlene Y. Rood
By: ______________________ M. Cleve Morris
_______________________
City Manager
Richard R. Rood
Golden Pacific Bank, NA By: _____________________
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