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COUNCIL AGENDA ITEM NO. 12
August 8, 2000
Approve the Right to Enter and Construct and Grant of Easement for Chestnut Street
Jon Elam, City
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
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.
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.
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;
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.
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.
To Enter and Construct and Grant of Easement
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
Fax (925) 516-5441