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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: September 12, 2000

Subject/Title: Approve the purchase agreement with Constance Sciortino, et al for the Sand Creek Road Project CIP 336-3061

Submitted by: J. Stevenson/M. Kirby

Approved by: Jon Elam, City Manager

RECOMMENDATION
Approval of a Resolution approving an agreement for purchase of a fee parcel, with Constance T. Sciortino, trustee of the Constance T. Sciortino Trust dated July 17, 1984, as to 60% interest and Connie Sciortino and Katherine A. Zamora, trustees, or their successors in trust, under the Constance Sciortino Charitable Remainder Unitrust, dated February 1, 1999, a forty percent (40%) unencumbered interest, and the optionor Lone Tree Partners, Currin and Martin, Martin Land Co., for a portion of real property identified as APN 017-030-004, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the agreement, and such other documents as may be needed to complete the transaction including acceptance of the deed.

PREVIOUS ACTION
On May 25, 1999, the City Council approved Resolution No. 99-134, which adopted the 1999-2004 Capital Improvement Program.

On July 27, 1999, the City Council approved Resolution No. 99-179 revising the development fees to fund public improvements.

On October 12, 1999, the City Council by Resolution No. 99-227 approved the Engineering Design Contract for the central portion of Sand Creek Road from Fairview Avenue to the Railroad Tracks, CIP Project No. 336-3061.

On May 23, 2000, the City Council approved Resolution No. 2076, which adopted the 2000-2005 Capital Improvement Program.

On May 23, 2000, the City Council passed Resolution No. 2081 certifying the Mitigated Negative Declaration and adopting the Mitigation Monitoring and Reporting Program for the Sand Creek Road Project, CIP Project No. 336-3061.

BACKGROUND
The purchase of Sciortino’s property is one of the acquisitions necessary to complete the third segment of Sand Creek Road. The City’s major thoroughfare improvements started with Project #336-3055 and Project #336-3092. The ultimate goal is to improve access to the commercial areas of the City from the Highway 4 Bypass and improve east-west circulation throughout the City.

The funding is through the Sand Creek Road Project, CIP Project No. 336-3061.

Attachments:
Resolution
Site Map
Agreement
RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AGREEMENT FOR PURCHASE OF A FEE PARCEL, WITH CONSTANCE T. SCIORTINO TRUSTEE OF THE CONSTANCE T. SCIORTINO TRUST DATED JULY 17, 1984, AS TO 60% INTEREST AND CONNIE SCIORTINO AND KATHERINE A. ZAMORA, TRUSTEES, OR THEIR SUCCESSORS IN TRUST, UNDER THE CONSTANCE SCIORTINO CHARITABLE REMAINDER UNITRUST, DATED FEBRUARY 1, 1999, A FORTY PERCENT (40%) UNENCUMBERED INTEREST, AND THE OPTIONOR LONE TREE PARTNERS, CURRIN AND MARTIN, MARTIN LAND CO., FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 017-030-004, HEREBY ACCEPTING REAL PROPERTY ON BEHALF OF THE CITY, AND AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE THE AGREEMENT, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION INCLUDING ACCEPTANCE OF THE DEED


WHEREAS, on May 25, 1999, the City Council approved Resolution No. 99-134, which adopted the 1999-2004 Capital Improvement Program; and

WHEREAS, on July 27, 1999, the City Council approved Resolution No. 99-179 revising the development fees to fund public improvements; and

WHEREAS, on October 12, 1999, the City Council by Resolution No. 99-227 approved the Engineering Design Contract for the central portion of Sand Creek Road from Fairview Avenue to the Railroad Tracks, CIP Project No. 336-3061; and

WHEREAS, on May 23, 2000, the City Council approved Resolution No. 2076, which adopted the 2000-2005 Capital Improvement Program; and

WHEREAS, on May 23, 2000, the City Council passed Resolution No. 2081 certifying the Mitigated Negative Declaration and adopting the Mitigation Monitoring and Reporting Program for the Sand Creek Road Project, CIP Project No. 336-3061; and 

WHEREAS, a portion of the real property identified as APN 017-030-004 in the City of Brentwood, that is owned by Constance T. Sciortino, trustee of the Constance T. Sciortino Trust dated July 17, 1984, as to 60% interest and Connie Sciortino and Katherine A. Zamora, trustees, or their successors in trust, under the Constance Sciortino Charitable Remainder Unitrust, dated February 1, 1999, a forty percent (40%) unencumbered interest, and the optionor Lone Tree Partners, Currin and Martin, Martin Land Co., is needed for the Sand Creek Road Project, CIP 336-3061; and 

WHEREAS, a Purchase Agreement between the City of Brentwood and the vested property owners has been developed and is necessary to transfer property.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood, that the Purchase Agreement is hereby approved.

BE IT FURTHER RESOLVED that the Mayor or City Manager and City Clerk or any of their designees are authorized to execute the Agreement and any related escrow documents including acceptance of the Grant Deed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of September 2000 by the following vote:

AYES: Councilmembers
NOES: 
ABSENT: 

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