COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Manager's Office

 

DATE:

July 6, 2005

BOARD MEETING DATE:

July 26, 2005

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

FROM:

Steve Alms, Manager, Real Property Services Division

SUBJECT:

Quitclaim of Interest in Street Easement, Block 3, Lot 11, Assessor’s Parcel 047-144-360, Avenue Portola, El Granada, California

 

RECOMMENDATION:

Adopt a resolution authorizing the Board President to execute a Quitclaim Deed granting any interest the County may have in a street easement over a portion of a private lot along Avenue Portola in unincorporated El Granada and authorizing the County Manager or designee to execute any documents necessary to complete the transfer.

 

VISION ALIGNMENT:

Commitment: The transfer keeps the commitment of Responsive, Effective and Collaborative Government.

Goal(s): 20: Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.

The transfer contributes to this commitment and goal by eliminating an unnecessary restriction on private property and reducing the liability of the County.

 

BACKGROUND:

In 1965 the County was granted a street easement over various parcels in the El Granada Highlands by Ticor Title Company. It appears that the grant covering Lot 3, Block 11, Assessor’s Parcel 047-144-360 was done in error. Records indicate that Ticor Title Company did not have lawful title to the parcel in question. Further, there is no indication that the County was seeking an easement over this parcel. Its owners, John H. Musser and Carol Musser, are now selling the property and they are seeking the help of the County to clear this apparently erroneous cloud on title.

 

DISCUSSION:

The County was granted an easement over a privately owned parcel apparently in error in 1965. It is not necessary for county purposes and quitting any claim the County may have to the owner will eliminate County liability and a cloud on the title to the property. The value of the County’s interest in the property is of nominal value.

Pursuant to Section 25526.5 of the California Government Code, the County’s Board of Supervisors may convey any interest in property owned that is no longer necessary for county or other public purposes if its estimated value does not exceed $25,000. This action also requires publication of a notice pursuant to Section 6061 at least one week prior thereto in a general circulation newspaper published in the county.

 

FISCAL IMPACT:

There is no fiscal impact to the County. The County apparently did not pay for the interest it now holds and, further, it has a nominal value at best.

cc w/enc:

D. Penny Bennett, Deputy County Counsel

Joe Napoliello, Real Property Services Division

cc:

Neil Cullen, Director, Public Works

Steve Alms, Manager, Real Property Services Division