Brentwood City Hall


Our home pageContact UsPrevious Page

Central Park Gazebo

CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: September 11, 2001 

Subject/Title: Enter into a Purchase Agreement with Andrade for property generally located on the north side of Sand Creek Road near the Highway 4 Bypass. (Developer Improvements -Sand Creek Road Widening ll Bypass Project)

Submitted by: Engineering: J. Stevenson/M. Kirby
City Attorney: D. Beougher

Approved by: Jon Elam, City Manager



RECOMMENDATION
Approve a Resolution approving an agreement for purchase of a fee parcel with Mary Da Luz Andrade, as to an undivided one-half (1/2) interest; Louis Andrade and Cecilia T. Andrade, as Trustees under the Will of Manuel Andrade deceased and by Final Decree of Distribution, a certified copy thereof having been recorded September 1, 1981, as Instrument No. 81-109675, Book 10474, page 175 of Official Records, as to an undivided one-half (1/2) interest, for a portion of real property identified as APN 019-110-048, generally located on the north side of Sand Creek Road near the Highway 4 Bypass, 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 8, 2001, the City Council by Resolution No. 2290 approved a Reimbursement and Fee Payment Agreement with A.I.G. Baker Real Estate, L.L.C., for costs, construction and fees associated with Master Planned Infrastructure Facility Improvements related to the Sand Creek Crossing Shopping Center located south of Sand Creek Road, north of San Jose Avenue and east of the Highway 4 Bypass (DR 01-05).

On May 22, 2001, the City Council by Resolution No. 2299 certified and approved the Negative Declaration and adopted the 2001/2006 Capital Improvement Program (CIP) for the City of Brentwood including street, park, sewer, water and other municipal improvements to be constructed during the next five years.

On May 24, 2001, the Planning Commission by Planning Commission Resolution No. 01-28 required as one of the Conditions of Approval for the A.I.G. Baker Sand Creek Crossing Shopping Center to construct off-site improvements on the north half of Sand Creek Road (DR 01-05).

BACKGROUND
The purchase of the Andrade property is necessary to meet one of the requirements under A.I.G. Baker Sand Creek Crossing Shopping Center Conditions of Approval and is part of the Sand Creek Road Widening ll Bypass Project, designated as developer improvements in the 2001/2006 Capital Improvement Program.
The project covers widening of the existing Sand Creek Road from two lanes to a four lane arterial with a 16 foot media, two 12 foot lanes and an 8 foot bike lane in each direction, 5 foot meandering sidewalk and landscaping for approximately 5,000 linear feet. This project is necessary to improve traffic flow along Sand Creek Road.

FISCAL IMPACT
Right of Way will be funded from Roadway Fees and construction cost funded by the developer. This project will increase annual pavement management costs by $5,000 per year.

Attachments:
Resolution
Site Map

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AGREEMENT FOR PURCHASE OF A FEE PARCEL WITH MARY DA LUZ ANDRADE, AS TO AN UNDIVIDED ONE-HALF (1/2) INTEREST; LOUIS ANDRADE AND CECILIA T. ANDRADE, AS TRUSTEES UNDER THE WILL OF MANUEL ANDRADE DECEASED AND BY FINAL DECREE OF DISTRIBUTION, A CERTIFIED COPY THEREOF HAVING BEEN RECORDED SEPTEMBER 1, 1981, AS INSTRUMENT NO. 81-109675, BOOK 10474, PAGE 175 OF OFFICIAL RECORDS, AS TO AN UNDIVIDED ONE-HALF (1/2) INTEREST, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 019-110-048, GENERALLY LOCATED ON THE NORTH SIDE OF SAND CREEK ROAD NEAR THE HIGHWAY 4 BYPASS, 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 8, 2001, the City Council by Resolution No. 2290 approved a Reimbursement and Fee Payment Agreement with A.I.G. Baker Real Estate, L.L.C., for costs, construction and fees associated with Master Planned Infrastructure Facility Improvements related to the Sand Creek Crossing Shopping Center (DR 01-05) located south of Sand Creek Road, north of San Jose Avenue and east of the Highway 4 Bypass; and

WHEREAS, on May 22, 2001, the City Council by Resolution No. 2299 certified and approved the Negative Declaration and adopted the 2001/2006 Capital Improvement Program (CIP) for the City of Brentwood including street, park, sewer, water and other municipal improvements to be constructed during the next five years; and

WHEREAS, on May 24, 2001, the Planning Commission by Planning Commission Resolution No. 01-28 required as one of the Conditions of Approval for the A.I.G. Baker Sand Creek Crossing Shopping Center (DR 01-05) to construct off-site improvements on the north half of Sand Creek Road; and

WHEREAS, a portion of real property identified as APN 019-110-048 in the City of Brentwood, that is owned by Mary Da Luz Andrade, as to an undivided one-half (1/2) interest; Louis Andrade and Cecilia T. Andrade, as Trustees under the Will of Manuel Andrade deceased and by Final Decree of Distribution, a certified copy thereof having been recorded September 1, 1981, as Instrument No. 81-109675, Book 10474, page 175 of Official Records, as to an undivided one-half (1/2) interest is needed for the Sand Creek Road Widening ll Bypass Project; 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.

BE IT FURTHER RESOLVED that the City of Brentwood hereby accepts the Grant Deed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of September 2001 by the following vote:

Top of Page

[City Council]  [City Departments]  [City Forms]  [Boards/Commissions] [Passports] [Search] [FAQ]
[Municipal Code] [What's New]  [Employment]  [Links]  [General Information] [Table of Contents]