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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 Sand Creek/O’Hara Avenue Extension

PREVIOUS ACTIONS:

On May 26, 1998, the City Council approved the CIP Project No. 33655 for Sand Creek Road and O’Hara Loop, Resolution No. 97-78 (now known as Sand Creek/O’Hara Avenue Extension, CIP No. 336-3055).

On June 9, 1998, the City Council authorized the City Manager to execute a consultant services agreement with Mark Thomas & Company for design services for the Sand Creek and O’Hara Loop Project.

On December 22, 1998, by Resolution No. 98-220, the City Council 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. 99-19 determining that the public interest and necessity required the acquisition of certain land for the Sand Creek Road and O’Hara Loop 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 Dianda, Trustee of the Armando D. Dianda Trust, U/A/D 12/23/97, as to an undivided 1/8 interest; Armando D. Dianda, George A. Baldocchi also known as George Anthony Baldocchi, Dorine A. Mazzei and Linda D. Sutton, as Trustees under the terms of the will of Julia M. Dianda, also known as Julia Dianda, as established by decree of distribution entered 12/10/92, in the Superior Court of the State of California in and for the County of Contra Costa, in the matter of the Estate of Julia M. Dianda, also known as Julia Dianda, deceased Probate No. P90-01086, as to an undivided 1/8 interest; Linda Dianda Sutton, a married woman, as to an undivided 1/4 interest, Dorine Dianda Mazzei, a married woman, as to an undivided 1/4 interest; and George A. Baldocchi and Sandra S. Baldocchi, Trustees of the George A. and Sandra S. Baldocchi Trust U/A/D 1/29/93, as to an undivided 1/4 interest, and located at the site of the City’s Sand Creek/O’Hara Avenue Extension Project, and identified as a portion of APN 016-130-002 accepting real property on behalf of the City for a total cost not to exceed $175,000, and such other documents as may be needed to complete the transaction including Final Order of Condemnation.

Jbauer/staff reports/1999/121499/Sand Creek Dianda.doc

REQUEST FOR COUNCIL ACTION (Cont’d.)

Page 2 – 10/14/99

Property Acquisition – Sand Creek/O’Hara

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 $175,000 for the purchase of the property required for the Sand Creek/O’Hara Avenue Extension, CIP Project No. 336-3055.

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

Attachments:     Resolution No. 99-_____

                        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 DIANDA, TRUSTEE OF THE ARMANDO D. DIANDA TRUST, U/A/D 12/23/97, AS TO AN UNDIVIDED 1/8 INTEREST; ARMANDO D. DIANDA, GEORGE A. BALDOCCHI ALSO KNOWN AS GEORGE ANTHONY BALDOCCHI, DORINE A. MAZZEI AND LINDA D. SUTTON, AS TRUSTEES UNDER THE TERMS OF THE WILL OF JULIA M. DIANDA, ALSO KNOWN AS JULIA DIANDA, AS ESTABLISHED BY DECREE OF DISTRIBUTION ENTERED 12/10/92, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA, IN THE MATTER OF THE ESTATE OF JULIA M. DIANDA, ALSO KNOWN AS JULIA DIANDA, DECEASED PROBATE NO. P90-01086, AS TO AN UNDIVIDED 1/8 INTEREST; LINDA DIANDA SUTTON, A MARRIED WOMAN, AS TO AN UNDIVIDED 1/4 INTEREST, DORINE DIANDA MAZZEI, A MARRIED WOMAN, AS TO AN UNDIVIDED 1/4 INTEREST; AND GEORGE A. BALDOCCHI AND SANDRA S. BALDOCCHI, TRUSTEES OF THE GEORGE A. AND SANDRA S. BALDOCCHI TRUST U/A/D 1/29/93, AS TO AN UNDIVIDED 1/4 INTEREST, AND LOCATED AT THE SITE OF THE CITY’S SAND CREEK/O’HARA AVENUE EXTENSION PROJECT, AND IDENTIFIED AS A PORTION OF APN 016-130-002 ACCEPTING REAL PROPERTY ON BEHALF OF THE CITY FOR A TOTAL COST NOT TO EXCEED $175,000, 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. 33655 for Sand Creek Road and O’Hara Loop, Resolution No. 97-78 (now known as Sand Creek/O’Hara Avenue Extension, CIP Project No. 336-3055); and

            WHEREAS, on June 9, 1998, the City Council authorized the City Manager to execute a consultant services agreement with Mark Thomas & Company for design services for the Sand Creek and O’Hara Loop Project; and

            WHEREAS, on December 22, 1998, by Resolution No. 98-220, the City Council 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. 99-19 determining that the public interest and necessity required the acquisition of certain land for the Sand Creek Road and O’Hara Loop Project and directing the filing of Eminent Domain Proceedings; and

            WHEREAS, a portion of the property located at Sand Creek Road and O’Hara Loop in the City of Brentwood, is owned by Armando Dianda, Trustee of the Armando D. Dianda Trust, U/A/D 12/23/97, as to an undivided 1/8 interest; Armando D. Dianda, George A. Baldocchi also known as George Anthony Baldocchi, Dorine A. Mazzei and Linda D. Sutton, as Trustees under the terms of the will of Julia M. Dianda, also known as Julia Dianda, as established by decree of distribution entered 12/10/92, in the Superior Court of the State of California in and for the County of Contra Costa, in the matter of the Estate of Julia M. Dianda, also known as Julia Dianda, deceased Probate No. P90-01086, as to an undivided 1/8 interest; Linda Dianda Sutton, a married woman, as to an undivided 1/4 interest, Dorine Dianda Mazzei, a married woman, as to an undivided 1/4 interest; and George A. Baldocchi and Sandra S. Baldocchi, Trustees of the George A. and Sandra S. Baldocchi Trust U/A/D 1/29/93, as to an undivided 1/4 interest, and identified by APN 016-130-002 [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 Sand Creek/O’Hara Avenue Extension project, for an amount not to exceed $175,000.00 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
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