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CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: March 27, 2001

Subject/Title: Purchase Agreement with Frank Maggiore, Martin Maggiore and Cindi Brown for Fairview Improvements/Traffic Signal at Minnesota, CIP Project # 336-3120

Submitted by: J. Stevenson/M. Kirby/S. Peiris/S. Gronlund

Approved by: Jon Elam, City Manager



RECOMMENDATION
Approve a Resolution approving an agreement for purchase of a fee parcel, with Frank A. Maggiore, Martin Maggiore and Cindi Brown as Successor Co-Trustees of the Franklin A. Maggiore Trust created under the Last Will and Testament of Orazio R. Maggiore, deceased and by Decree of Distribution of the estate, a certified copy of which was recorded August 16, 1972, Book 6726, Page 166, for a portion of real property identified as APN 019-091-029, 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 February 8, 2000, the City Council (1) directed the City Engineering Staff to install a three-way stop sign at the intersection of Minnesota Avenue and Fairview Avenue; and (2) directed the City Engineer to undertake engineering studies and prepare plans & specifications for the installation of a traffic light at this intersection.

On May 23, 2000, by Resolution No. 2076, the City Council certified and approved the Negative Declaration and adopted the 2000/2005 Capital Improvement Program (CIP), which included Fairview Improvements/Traffic Signal at Minnesota, CIP Project No. 336-3120.

On February 27, 2001, the City Council authorized the funding of $36,213.00 to relocate Pacific Gas and Electric Company (PG&E) facilities for the construction of the new traffic signal at Fairview Avenue and Minnesota Avenue Project, CIP No. 336-3120 and authorized the City Manager to execute an agreement with PG&E to perform this work.

On March 13, 2001, the City Council approved a Grant of Easement with East Bay Municipal Utilities District for Fairview Improvements/Traffic Signal at Minnesota, CIP 336-2120.

BACKGROUND
The purchase of the Maggiore property is necessary for the Fairview Improvement/Traffic Signal at Minnesota. This project will provide traffic safety and congestion relief to motorists, bicyclists and pedestrians traveling through this intersection.

The project will be funded through the budget for CIP Project No. 336-3120.

Attachments:
Resolution
Site Map
Purchase Agreement


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AGREEMENT FOR PURCHASE OF A FEE PARCEL WITH FRANK A. MAGGIORE, MARTIN MAGGIORE AND CINDI BROWN AS SUCCESSOR CO-TRUSTEES OF THE FRANKLIN A. MAGGIORE TRUST CREATED UNDER THE LAST WILL AND TESTAMENT OF ORAZIO R. MAGGIORE, DECEASED AND BY DECREE OF DISTRIBUTION OF THE ESTATE, A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 16, 1972, BOOK 6726, PAGE 166, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 019-091-029, 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 February 8, 2000, the City Council (1) directed the City Engineering Staff to install a three-way stop sign at the intersection of Minnesota Avenue and Fairview Avenue; and (2) directed the City Engineer to undertake engineering studies and prepare plans & specifications for the installation of a traffic light at this intersection; and

WHEREAS, on May 23, 2000, by Resolution No. 2076, City Council certified and approved the Negative Declaration and adopted the 2000/05 Capital Improvement Program (CIP), which included Fairview Improvements/Traffic Signal at Minnesota, CIP Project No. 336-3120; and

WHEREAS, on February 27, 2001, the City Council authorized the funding of $36,213.00 to relocate Pacific Gas and Electric Company (PG&E) facilities for the construction of the new traffic signal at Fairview Avenue and Minnesota Avenue, CIP Project No. 336-3120 and authorized the City Manager to execute an agreement with PG&E to perform this work; and

WHEREAS, on March 13, 2001, the City Council approved a Grant of Easement with East Bay Municipal Utilities District for Fairview Improvements/Traffic Signal at Minnesota, CIP 336-2120; and

WHEREAS, a portion of the real property identified as APN 019-091-029 in the City of Brentwood, that is owned by, Frank A. Maggiore, Martin Maggiore and Cindi Brown as Successor Co-Trustees of the Franklin A. Maggiore Trust created under the Last Will and Testament of Orazio R. Maggiore, deceased and by Decree of Distribution of the estate, a certified copy of which was recorded August 16, 1972, Book 6726, Page 166, is needed for the Fairview Improvements/Traffic Signal at Minnesota, CIP Project No. 336-3120; 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 27th day of March 2001 by the following vote:

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