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 interest in real property with tenant Ron Nunn.
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 for any and all interest with Ron Nunn, tenant on real  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 interest on behalf of the City for a total cost not to exceed $4,200, and such other documents as may be needed to complete the transaction including Final Order of Condemnation.

COMMENTS:
After several offers by the City and counter-offers by Ron Nunn, agricultural tenant on the above property, the City’s Right of Way Agent and Legal Counsel have negotiated a settlement in the amount of $4,200 for his interest in the property required for the Walnut Boulevard Extension, CIP Project No. 336-3051.
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 FOR ANY AND ALL INTEREST WITH RON NUNN, TENANT ON REAL 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 INTEREST ON BEHALF OF THE CITY FOR A TOTAL COST NOT TO EXCEED $4,200, 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 also requires the City to obtain any interest in said property by Ron Nunn, tenant; 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 any interest in property necessary in the Walnut Boulevard Extension project, for an amount not to exceed $4,200.00 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