RESOLUTION R2023-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, AUTHORIZING AND APPROVING THE CONVEYANCE OF THE CITY OF MANTECA INTERESTS AND/OR RIGHTS IN THE EASEMENT ON TEN (10) IMPACTED PROPERTIES IN THE VINTAGE II SUBDIVISION TO THE IMPACTED OWNERS WHEREAS, Vintage II, LP; Glady P., Maricel B. Baligad and Tessie E. Baldovi; Mandeep Bains, Ravinder Mann and Sohan Bains; Blanca and Zena Nunez; Edward P. and Maria P. Wong; Maria Hernandez; Georgette Escalante; Sergio Jr. and Lesley Garcia; David Sanesanong and Mayon Milagros Sespene; and Ravinder Kaur, Maninder Sandhu, Manjit Singh and Rupinder Kaur (collectively the “Impacted Owners”) own the real properties commonly known as 1395 Veteran Street (APN 224-710-58); 1816 Trulyn Avenue (APN 224-710-39); 1824 Trulyn Avenue (APN 224-710-38); 1838 Trulyn Avenue (APN 224-710-37); 1850 Trulyn Avenue (APN 224-710-36); 1866 Trulyn Avenue (APN 224-710-35); 1882 Trulyn Avenue (APN 224-710-34); 1894 Trulyn Avenue (APN 224-710-33); 1906 Trulyn Avenue (APN 224-710-32); and 1918 Trulyn Avenue (APN 224-710-31), respectively, (collectively the “Impacted Properties”); and WHEREAS, each of those properties has an existing fifteen foot (15’) wide roadway easement along its eastern property line, as described on the Exhibit “A”s, attached hereto and made a part hereof; and WHEREAS, the Vintage II, LP, Developer of the Vintage II subdivision which created the Impacted Properties, has requested that the City of Manteca quitclaim certain interest and/or rights in the easement on the Impacted Properties to the Impacted Owners; and WHEREAS, the City does not believe that it has an interest and/or rights in the easement on the Impacted Properties; and WHEREAS, despite this disagreement, the parties have met and conferred in good faith regarding the quitclaim of the interest and/or rights in the easement on the Impacted Properties, and the City has agreed to quitclaim any interest and/or rights in the easement on the Impacted Properties to the Impacted Owners to unencumber the title of the Impacted Properties; and WHEREAS, the act of the City choosing to effectuate this quitclaim does not establish any precedent and/or requirement that the City conduct such actions on future matters; and WHEREAS, the City reserves all rights to the fullest extent of the law vis-à-vis its decision to quitclaim its rights and/or its interests in the easement to the Impacted Owners; and WHEREAS, Vintage II, LP has agreed to cover any staff time and/or costs related to the decision of the City to quitclaim its interests and/or rights in the easement on the Impacted Properties to the Impacted Owners, including without limitation any financial costs; and WHEREAS, the City Council has considered all information related to this matter as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:
The above recitals are true and correct and are a substantive part of this Resolution.
The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
The conveyance of the City of Manteca interests and/or rights in the easement on the Impacted Properties to the Impacted Owners is hereby authorized and approved. The Mayor is hereby authorized and directed to execute the quitclaim deeds and the City Clerk is hereby authorized and directed to deliver the quitclaim deeds to the San Joaquin County Recorder’s Office for recordation, substantially as the Quitclaim forms attached hereto as Attachment 2 and made a part hereof, to effect and evidence such conveyance.
The officers and staff of the City are hereby authorized and directed, jointly and severally, to execute such instruments and do any and all things which they may deem necessary or advisable to effectuate this Resolution and any such actions previously taken by such officers and staff are hereby ratified and confirmed.
This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 16th day of May 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: ___________________________
GARY SINGH
Mayor
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
R2023-XX Page 2 of 3 May 16, 2023
R2023-XX Page 1 of 3 May 16, 2023
ATTACHMENT 1
ATTACHMENT 1