City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

Past Agendas
REQUEST FOR COUNCIL ACTION
December 14, 1999

DATE

ITEM NUMBER

ORIGINATING DEPARTMENT

AGENDA ITEM

CITY MANAGER'S REVIEW

Engineering

J. Stevenson/M. Kirby

Acquisition of a portion of property for the Walnut Boulevard Extension

PREVIOUS ACTIONS:

On May 26, 1998, the City Council approved the CIP project No. 33651 (now known as CIP 336-3051) for Walnut Boulevard Extension, Resolution No. 98-78.

On June 9, 1998, the City Council authorized the City Manager to execute consultant services agreements with McGill Martin and Self, Inc. for design services for Walnut Boulevard.

On December 22, 1998, the City Council, by Resolution No. 98-220, approved the Initial Study and Mitigated Negative Declaration for the project.  The City wants to begin construction of the project during the next construction season and needs to acquire property so that construction can begin on schedule.

On January 12, 1999, the City Council passed Resolution No. 99-20 determining that the public interest and necessity required the acquisition of certain land for the Walnut Boulevard Extension Project and directing the filing of Eminent Domain Proceedings.

RECOMMENDED COUNCIL ACTION:

Passage of a Resolution authorizing the City Legal Counsel to prepare, have executed and file with the Court a Stipulation for Judgment on the property owned by Armando D. Dianda, George A. Baldocchi, Trustees under the terms of the Will of Julia M. Dianda, also known as Julia Dianda, deceased as established by Judgment of Final Distribution filed December 10, 1992, in Case No. P90-1086 Probate, Contra Costa County Superior Court as to an undivided 1/3 interest, George Baldocchi, Trustee of the George A. Baldocchi Trust dated January 29, 1993, as to an undivided 1/3 interest and Armando D. Dianda, Trustee of the Armando D. Dianda Trust dated December 23, 1997, as to an undivided 1/3 interest, and located at the site of the Walnut Boulevard Extension Project, and identified as a portion of APN 017-160-002 accepting real property on behalf of the City for a total cost not to exceed $307,648, and such other documents as may be needed to complete the transaction including Final Order of Condemnation.

Jbauer/staff reports/1999/121499/Walnut Dianda.doc

REQUEST FOR COUNCIL ACTION (Cont’d.)

Page 2 – 12/14/99

Property Acquisition – Walnut/Dianda

COMMENTS:

After several offers by the City and counter-offers by the property owner, the City’s Right of Way Agent and Legal Counsel have negotiated a settlement in the amount of $307,648 for the purchase of the property required for the Walnut Boulevard Extension, CIP Project No. 336-3051.

Legal Counsel will request that the City’s deposit with the State of California be returned.

Attachments:     Resolution

                        Site Map


RESOLUTION NO. 99-_____

PASSAGE OF A RESOLUTION AUTHORIZING THE CITY LEGAL COUNSEL TO

PREPARE, HAVE EXECUTED AND FILE WITH THE COURT A STIPULATION FOR

JUDGMENT ON THE PROPERTY OWNED BY ARMANDO D. DIANDA, GEORGE A. BALDOCCHI, TRUSTEES UNDER THE TERMS OF THE WILL OF JULIA M. DIANDA, ALSO KNOWN AS JULIA DIANDA, DECEASED AS ESTABLISHED BY JUDGMENT OF FINAL DISTRIBUTION FILED DECEMBER 10, 1992, IN CASE NO. P90-1086 PROBATE, CONTRA COSTA COUNTY SUPERIOR COURT AS TO AN UNDIVIDED 1/3 INTEREST, GEORGE BALDOCCHI, TRUSTEE OF THE GEORGE A. BALDOCCHI TRUST DATED JANUARY 29, 1993, AS TO AN UNDIVIDED 1/3 INTEREST AND ARMANDO D. DIANDA, TRUSTEE OF THE ARMANDO D. DIANDA TRUST DATED DECEMBER 23, 1997, AS TO AN UNDIVIDED 1/3 INTEREST, AND LOCATED AT THE SITE OF THE WALNUT BOULEVARD EXTENSION PROJECT, AND IDENTIFIED AS A PORTION OF APN 017-160-002 ACCEPTING REAL PROPERTY ON BEHALF OF THE CITY FOR A TOTAL COST NOT TO EXCEED $307,648, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION INCLUDING FINAL ORDER OF CONDEMNATION.

            WHEREAS, on May 26, 1998, the City Council approved the CIP project No. 33651 (now known as CIP 336-3051) for Walnut Boulevard Extension, Resolution No. 98-78; and

            WHEREAS, on June 9, 1998, the City Council authorized the City Manager to execute consultant services agreements with McGill Martin and Self, Inc. for design services for Walnut Boulevard; and

            WHEREAS, on December 22, 1998, the City Council, by Resolution No. 98-220, approved the Initial Study and Mitigated Negative Declaration for the project.  The City wants to begin construction of the project during the next construction season and needs to acquire property so that construction can begin on schedule; and

            WHEREAS, on January 12, 1999, the City Council passed Resolution No. 99-20 determining that the public interest and necessity required the acquisition of certain land for the Walnut Boulevard Extension Project and directing the filing of Eminent Domain Proceedings; and

            WHEREAS, a portion of the property located at the site of the Walnut Boulevard Extension, in the City of Brentwood, is owned by Armando D. Dianda, George A. Baldocchi, Trustees under the terms of the Will of Julia M. Dianda, also known as Julia Dianda, deceased as established by Judgment of Final Distribution filed December 10, 1992, in Case No. P90-1086 Probate, Contra Costa County Superior Court as to an undivided 1/3 interest, George Baldocchi, Trustee of the George A. Baldocchi Trust dated January 29, 1993, as to an undivided 1/3 interest and Armando D. Dianda, Trustee of the Armando D. Dianda Trust dated December 23, 1997, as to an undivided 1/3 interest, and identified by APN 017-160-002 [portion] is needed for roadway purposes; and

            WHEREAS, a Stipulation for Judgment and Final Order of Condemnation must be developed and filed with the Court to transfer property.

            NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, that the City Legal Counsel is authorized to prepare, have executed and file with the Court a Stipulation for Judgment for property necessary in the Walnut Boulevard Extension project, for an amount not to exceed $307,648 and including filing of Final Order of Condemnation.

            PASSED AND ACCEPTED by the City Council of the City of Brentwood, at its regular meeting of  December 14, 1999, by the following vote:

AYES:

NOES:

ABSENT:                                                                          

                                                                                    APPROVED:                                                                        

                                                                                    ___________________________

                                                                                    Quintin L. Kidd

                                                                                    Mayor

ATTEST:

__________________________

Karen Diaz, CMC

City Clerk

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov