CCMIN110591 - Laserfiche WebLink

105 Mr. Steve Davis, 16 Dolores Way, Orinda, indicated that the final map for Tract 4768 included an offer of dedication because of a condition for future widening of Foothill Road to four lanes. The City has the right to accept dedication if it can demonstrate a need for the property. Mr. Davis stated his opinion that due to the proposed realignment of Foothill Road, the City cannot demonstrate the need for the dedicated parcels. Mr. Davis recommended the City take no action at this time. Mr. Jim Sandler, Board Member of Foothill Knolls Homeowners Association, stated that the Association's attorney informed the Association that it should have been notified of the tax sale and Association was not. He further indicated there is some confusion as to who holds title to the parcels in question and cited several conflicting recorded documents. Mr. Sandler believes all four parcels should be preserved for public uses, like walkways, bicycle paths, or landscaping. Mr. Philip Marshall, 7812 Foothill Knolls Drive, indicated he was President of the Homeowners Association for two terms. He indicated there had been conversations in the past about who owns the property and who should be maintaining it and paying the water bills. He assumed the ownership had gone to the individual property owners. No one from the Association has received tax bills or transfer of title. He indicated the Association had received a tax bill for the park area, but never for these parcels. He said a title search should be done to determine ownership. Mr. Roush responded that a title search had been done. In 1986, the Association apparently owned all four parcels. The Tax Assessor evidently placed an assessment on Parcels B and C and when the taxes weren't paid, they were sold at a tax sale. The two smaller parcels were not assessed and therefore are still owned by the Association. Mrs. Joyce Berger, 7947 Raccoon Hollow Court, indicated she and her husband have maintained the steep slope next to their property for three years. She urged the Council to accept the dedication. She confirmed that she would continue to maintain the property. Mr. Davis concluded that he and his partners had purchased the property at a properly noticed public auction. He has a clear title to the property. The Mark Howard Company was the previous owner and they did not pay the taxes. He indicated any proposed development of the property would have to go before the Planning Commission and Council and he doesn't see that happening in the near future. He wanted to maintain ownership of the property and stressed the City has not indicated a specific plan for the 11/5/9