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CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: January 8, 2002 

Subject/Title: Authorize Granting An Easement To the City of Antioch For Street and 
Public Utility Purposes on a Portion of Lone Tree Way and Heidorn Ranch
Road

Submitted by: Dennis Beougher, City Attorney

Approved by: John Stevenson, City Manager


RECOMMENDATION 
Authorize the Mayor to execute all documents necessary to grant an easement to the City of Antioch for street and public utility purposes for a portion of Lone Tree Way and Heidorn Ranch Road located in the City of Brentwood.

BACKGROUND
The City of Brentwood and City of Antioch through various annexations have established jurisdictional boundaries. The right-of-way for Heidorn Ranch Road and Lone Tree Way, east of Heidorn Ranch Road to Empire Road is within the City of Antioch. New development has been proposed for the area bounded by Lone Tree Way on the north and Heidorn Ranch Road on the west. The owner of the property proposed for development has deeded to the City of Brentwood an easement to a narrow strip of land adjacent to these roads to provide the appropriate right of way for these roads and associated utilities. The owner granted these easements in order to complete the redesign and construction of street improvements on these two roads and provide access to its property.

ANALYSIS
Normally, the developer would have simply dedicated the right-of-way to the City of Antioch either by a separate legal document or on a subdivision map. In this case, as the property is outside the jurisdiction of the city accepting it, the property interest would have been subject to property tax. 

The City of Antioch has requested that a grant of easement for street and utility purposes, rather than an outright grant of fee title due to the adverse property tax consequences. Antioch will have the responsibility to maintain improvements within the easement area, an obligation that is specified in the grant of easement.

Attachment: Resolution


RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO 
GRANT THE CITY OF ANTIOCH AN EASEMENT FOR STREET AND PUBLIC
UTILITY PURPOSES TO A PORTION OF LONE TREE WAY AND HEIDORN RANCH 
ROAD

WHEREAS, the City of Brentwood and City of Antioch through various annexations have established jurisdictional boundaries and the right-of-way for Heidorn Ranch Road and Lone Tree Way, east of Heidorn Ranch Road to Empire Road is within the City of Antioch; and.

WHEREAS, new development has been proposed in the City of Brentwood for the area bounded by Lone Tree Way on the north and Heidorn Ranch Road on the west; and 

WHEREAS, the owner of the property proposed for development has deeded to the City of Brentwood an easement to a strip of land adjacent to these roads to provide the appropriate right-of-way for these roads and associated utilities, to complete the redesign and construction of street improvements on these two roads, and to provide access to its property.

WHEREAS, the City of Antioch prefers a grant of easement for street and utility purposes, rather than a grant of fee title due to adverse property tax consequences of a public agency owning land outside its jurisdiction.

NOW, THEREFORE BE IT RESOLVED the City Council of the City of Brentwood
hereby authorizes the Mayor to execute all documents necessary to grant an easement to
the City of Antioch for street and public utility purposes for a portion of Lone Tree Way and
Heidorn Ranch Road located in the City of Brentwood, as more particularly described in Exhibit
A, attached hereto, and incorporated herein by this reference.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 8th day of January, 2002 by the following vote:

AYES: 
NOES: 
ABSENT:

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