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HomeMy WebLinkAbout4.05 Acceptance and Recordation of Deeds • ■„ CITY OF DUBLIN AGENDA STATEMENT • CITY COUNCIL MEETING DATE: April 13, 1987 SUBJECT Acceptance and Recordation of Deeds EXHIBITS ATTACHED Resolution; Copy of Section 27281 of California Government Code RECOMMENDATIO Adopt Resolution • FINANCIAL STATEMENT: Acceptance of property deeds will be in accordance with City Council approved projects and expenditures. DESCRIPTION State Law requires governmental agencies to execute a certificate or resolution of acceptance whenever deeds or grants conveying any interest in or easement upon real estate are prepared for recordation. The consent must be attached to or printed on the deed or grant. The City currently has several transactions involving real property which are now pending. These include: purchase of Valley High School site; purchase of Kolb Park; and miscellaneous right-of-way dedications along public streets. State Law authorizes a City Council to adopt a general resolution. This resolution would authorize one or more officers or agents to accept and consent to such deeds or grants. This would simplify the processing of property grants and easements, since often the formal deed is not prepared until near the completion of escrow. This may not always coincide with the City Council agenda preparation schedule. Staff recommends that the City Council adopt the proposed resolution which will authorize the City Manager and/or City Engineer to authorize the recordation of deeds on behalf of the City of Dublin. COPIES TO: ITEM NO. 1405 RESOLUTION NO. - 87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********.***************** RELATED TO THE DESIGNATION OF OFFICERS AUTHORIZED. TO ACCEPT AND DIRECT .RECORDATION OF DEEDS WHEREAS, the City Council is desirous of developing an efficient mechanism for the acceptance of deeds; and WHEREAS, Section 27281 of the California Government Code (CGC) requires that deeds or grants conveying any interest in or easement upon real estate to a governmental for public purposes must meet specific requirements; and WHEREAS, the requirements include evidence of a certificate or resolution of acceptance attached to the deed or grant prior to recordation; and _ WHEREAS, Section 27281 provides that a governmental agency may authorize one or more officers by general resolution to accept and consent to such deeds or grants. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin, pursuant to Section 27281 (CGC) , does hereby authorize the City Manager and/or the City Engineer to accept and consent to such deeds or grants, conveying any interest in or easement upon real estate, on behalf of the City of Dublin. PASSED, APPROVED AND ADOPTED this 13th day of April, 1987. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk H § 27280 GOVERNMENT CODE Note 6 Recordation of real property conveyances gives construe- A purchaser or encumbrancer in good faith for value and tive notice to subsequent purchasers and is the equivalent of without actual or constructive notice is entitled to protection actual notice. City of Anaheim v.Metropolitan Water Dist. against undisclosed liens and equities existing agauut unre of Southern California(1978)147 Cal.Rptr.336,82 C.A.3d corded instruments. Caito v.United California Bank(1978) • 763. 144 Cal•Rptr.751,576 P.2d 466,20 Gad 694. . § 27280.5. . Names of parties required to be indexed • 27280 to 27296 or for a county recorder to see that a Notes of Decisions � §§ Atty. 1. in general document does comply before recording it. 67 Ops The 1982 amendment to § 27201 has not obviated the Gen.93,3-9-84. need for a document to comply with the requirements of . . Deeds Deeds for public purposes; certificate or resolution of acceptance; form of certificate li eeds or grants conveying any interest in or easement upon real estate to a political corporation or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by its'certificate or resolution of acceptance attached to or printed on the f teeeld • or grant. If a certificate of acceptance is used, it shall be•in substantially the following This is to certify that the interest in real property conveyed by the deed or grant dated--- • __ . from to a political.corporation and/or, governmental agency is hereby . • accepted by order of the ; • (legislative body) on .. (or by'the undersigned officer or.agent on behalf of the .. (date) • .(legislative body) . pursuant to authority conferred by resolution of the (legislative body) •:••• adopted on ,)and the grantee consents to recordation thereof by its duly (date) s ' . . authorized officer. - • Dated BY • A political corporation or governmental agency,by a general resolution,may authorize one or more officers or agents to accept and consent to such deeds or grants. • In cases where the county tax collector files purchaser's deeds with respect to a sale for defaulted • taxes, the information contained in those documents shall be deemed to constitute compliance with this section. (Amended by Stats.1979,c. 373,p. §1314, 148; Stats.1983, c. 149,p.—, § 1; Stats.1986, c. 1420, § 1) Notes of Decisions §§ 27280 to 27296 or for a county recorder to see that a document does comply before recording it. 67 Ops.Atty. 1. In general • The 1982 amendment to § 27201 has not obviated the Gen.93,3-9-84. need for a document to comply with the requirements of • § 27281.5. Recording of restrictions imposed on real property or leasehold interest • (a) Any restriction imposed upon real property on or after January 1, 1982,which restricts either the ability of the owner of real property to convey the real property or the owner of a proprietary leasehold interest to convey such interest and which is imposed by a municipal or governmental entity on.real property or a proprietary leasehold interest which is not owned by the municipal or governmental entity, shall be specifically set forth in a recorded document which particularly all describes the real property restricted in order to impart constructive notice of the restriction,ord had • be referenced in a recorded document which particularly describes the real property Underline Indicates changes or additions by amendment 6 I • ! 1 . • • 1 ' 4:.� i r 1 - ' 14 ...Z? '"'",-4,'Z'E i ;-=::::::-.T.:'`4's 4sa t.:-.-p"--t.' ,. y.