Union Pacific cited for Live Oak property error

The Live Oak City Council voted Wednesday night to record a notice of violation against Union Pacific Railroad Co. and Payne-Siler LLC for a parcel created using a quitclaim deed instead of recording a parcel map.

In November 2003, Union Pacific and Payne-Siler adjusted a lot line for a 2.44-acre parcel at Pennington Road and Live Oak Boulevard by adding the land to an adjoining 5.32-acre parcel. Two new parcels were created - one that was 1.06 acres and another that was 6.7 acres.

The first parcel was conveyed by Union Pacific to Ranjit and Raninder Singh of Live Oak, while Union Pacific retained the remaining parcel.

Union Pacific violated the Subdivision Map Act in November 2004 by conveying a 1.38 acre portion of the property to Payne-Siler LLC, a California limited liability company, through a quitclaim.

Under the Subdivision Map Act, to convey a property, a company is required to record a parcel map prior to the sale of the property.

“Because of public policy concerns, we must do a parcel map,” said Brush Nash, Live Oak's city engineer. “The parcel map allows public output and civic review.”

Not doing a parcel map will create problems, said City Manager Rob Hickey. “The quitclaim doesn't allow any review.”

The recording of a parcel map will “make them go back and do this the right way,” Hickey said. “It tells them they can't take a shortcut.”

Hickey also emphasized to the council that Union Pacific agreed with the objection to the quitclaim.

In other business, council members voted 4-1 for an ordinance that increases their pay by $33.90 to $364.65 per month per member per year. The current salary is $330.75. Councilwoman Judy K. Richards dissented.

The increase will not take effect until the next council election.

The council also awarded a contract to Stantec Engineering to update the city's arsenic treatment facilities to current Environmental Protection Agency standards.

Appeal-Democrat reporter Josh Kendrix can be reached at 749-4707. You may e-mail him at jkendrix@appealdemocrat.com.