TO: Board of Supervisors
FROM: Steve Lederer, Director, Public Works
REPORT BY: Danielle Goshert, County Surveyor
SUBJECT: Approval of Quitclaim Deeds releasing County’s interest as specified in two recorded Memorandums of Lease pertaining to Clover Flat Landfill
RECOMMENDATION
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Approve and authorize Quitclaim Deeds to release the County’s interest in and to Clover Flat Landfill, as specified in two now-expired Memorandums of Lease. (No Fiscal Impact)
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BACKGROUND
Public Works staff were contacted by First American Title Company of Napa with a request to execute Quitclaim Deeds releasing the County’s interest, if any, in and to the Clover Flat Landfill (specifically Assessor’s Parcel Numbers 020-120-019, 020, 021, 022, 023, and 024) as defined in two separately recorded Memorandums of Lease.
The first lease recorded on January 22, 1962 in Book 644, Official Records of Napa County, at Page 408 and granted the County the right to use the subject premises for “a garbage and refuse disposal site, and for uses and purposes ordinarily pertaining thereto” along with a right of way connecting the subject premises to Silverado Trail. This first lease had an initial term of ten years and a right to extend the term for forty additional years, with a final termination date no later than December 26, 2011.
The second lease recorded on March 1, 1973 in Book 902, Official Records of Napa County, at Page 305 and granted the County the right to use the subject premises for “a garbage and refuse disposal site.” This second lease had an initial term of eleven years and a right to extend the term for forty additional years, with a final termination date no later than December 31, 2001.
The above leases were entered into between the County and then-owners, Walter E. and Harry H. Tamagni. Although clearly terminated, in an effort to insure clear title to the subject premises, the title company requests that the County relinquish any interest it may have, to the current owners of the land: Clover Flat Land Fill Inc., A California Corporation, and Vista Corporation, A California Corporation.
Today’s action authorizes the Chair to sign the requested Quitclaim Deeds required for recordation by First American Title Company of Napa to insure clear title to the subject premises.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Consequences if not approved: |
If the County does not authorize the execution of the Quitclaim Deeds, the title company will not be able to insure clear title to the subject premises. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.