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CITY COUNCIL AGENDA ITEM NO. 12  

Meeting Date:  August 8, 2000

 Subject/Title:    Approve the Right to Enter and Construct and Grant of Easement for Chestnut Street Soundwall 

Submitted by:   Engineering: John Stevenson 

Approved by:    Jon Elam, City Manager 

RECOMMENDATION          

Authorize the City Manager to execute as attached hereto a Right to Enter and Construct and Grant of Easement (“Right to Enter”) to construct a soundwall along a portion of Chestnut Street for each of the property owners with property abutting Chestnut Street right of way and located on Stanwick Street  

PREVIOUS ACTION

On June 27th the City Council approved the placement of a soundwall along a portion of Chestnut Street right of way for homes located on Stanwick Street that also abut Chestnut Street right of way. 

BACKGROUND

The City has accepted the dedication of the Chestnut Street right of way.  A portion of the Chestnut Street right of way has homes that back up to it and front on Stanwick Street.  The City anticipated that Chestnut Street would be realigned in the near future when the homes along Stanwick Street were approved.  Development throughout Brentwood and traffic going to the downtown and Liberty High School has increased traffic and related traffic noise along the non-aligned portion of Chestnut Street.  At the June 27th meeting, the City Council found that traffic and public safety issues raised by the residents backing up to the non-aligned portion of Chestnut Street requires the construction of soundwall along this portion of Chestnut Street.  Rather than wait for the realignment, the City Council decided to construct the soundwall now. 

The City Engineer has determined that the soundwall location along Chestnut Street may vary from one to two feet from the rear property lines of the homes in order to permit the construction with minimal intrusion to the homeowners and to minimize impacts to these homeowners.   With the wall constructed in the City’s right of way, the residents can keep their existing fences, landscaping, and pets without interference with the City’s construction.  With this placement of the soundwall, a one to two foot area along the homeowners rear yard will be created.  The City proposes granting the residents the right to take down their rear fences and tie their side yards into the masonry soundwall when they decide it is appropriate. 

The purposes of the agreement are (1) to set forth the terms and conditions of the City granting the residents an easement over the one to two foot area between their existing rear yard fence and the City’s proposed soundwall; (2) memorialize the grant by Property Owner to City or its contractor, employees, or agents of a temporary right to enter the Property for the purpose of facilitating the construction of the soundwall in the public-right-of-way and to attached side yard fences to the new soundwall and to take existing fences down if requested by the Property Owner; (3) the grant of permission by the Property Owner to City, its contractors, employees, or its agents of the right to enter the Property and complete certain tasks as requested by the Property Owner in conjunction with the soundwall construction; and (4) to memorialize the covenant by the Property Owner not to locate, or construct any structures in the Easement Area, as drainage improvement might be needed in this area. 

If the property owner fails or refuses to approve the Right to Enter, the City can still construct the soundwall and will be required to maintain the one to two foot area between the soundwall and the existing fence. 

Attachment:

Right To Enter and Construct and Grant of Easement

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