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 CITY COUNCIL AGENDA ITEM NO. 6



Meeting Date: March 26, 2002

Subject/Title: Approve a Purchase and Sale Agreement with Edward K. Dobbs and Muriel L. Dobbs, for a Sanitary Sewer Easement part of Sand Creek Road (Central), CIP Project No. 336-3061

Submitted by: Engineering: B. Grewal/M. Kirby

Approved by: John Stevenson, City Manager


RECOMMENDATION
Approve a Resolution approving an agreement for purchase of a Sanitary Sewer Easement with Edward K. Dobbs and Muriel L. Dobbs, as Trustees of the Edward and Muriel Dobbs Family Trust, established September 30, 1991, for a portion of real property identified as APN 019-100-011, generally located on the west side of Fairview Avenue, north of the new Sand Creek Road and Sand Creek, hereby accepting the Grant of Easement 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 Grant of Easement Deed. 

PREVIOUS ACTION
On September 14, 1999, by Resolution No. 99-203, the City Council authorized the City Engineer to sign Professional Engineering Design Contracts with Mark Thomas & Co., Inc. for $292,126 for the design of Sand Creek Road (East), CIP Project No. 336-3061, east of the Union Pacific Railroad Crossing east to Sand Creek/O’Hara Loop.

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

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

On April 24, 2001, the City Council authorized the City Engineer to execute an Environmental Design Contract Change Order with Monk & Associates, LLC in an amount not to exceed $56,581.40 for Sand Creek Road, CIP Project No. 336-3061.

On May 22, 2001, by Resolution No. 2299, the City Council certified and approved the Negative Declaration and adopted the 2001/2006 Capital Improvement Program.

On May 22, 2001, the City Council authorized the City Engineer to execute a Consultant Services Agreement with Cordoba Consulting, Inc. for project management services not to exceed $115,000 for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127, and for the new railroad crossing needed for Sand Creek Road, CIP Project No. 336-3061.

On June 26, 2001, by Resolution No. 2320, the City Council authorized the City Manager to execute contract amendments for the extension time for 14 Professional Design and Service Agreements, which included Mark Thomas & Co., Inc. designing Sand Creek Road (East), CIP Project No. 336-3061.

On July 17, 2001, by Resolution No. 01-55, the Planning Commission of the City of Brentwood set forth various Conditions of Approval, which required the developer, Mark Pringle Co., LLC, to acquire and construct certain off-site improvements in conjunction with the development of their subdivision.

BACKGROUND
The purchase of this easement is one of the acquisitions necessary to extend the Master Planned Sanitary Sewer Line past the construction of the ultimate developed intersection of the future Sand Creek Road at Fairview Avenue and is required as part of the Conditions of Approval for the Mark Pringle development, Apricot Ventures, Subdivision Map No. 8408. 

The acquisition of this line also will advance the link of a sanitary sewer line to businesses in the Northwest Quadrant from Sand Creek to East Bay Municipal Utility District and Fairview Avenue to Heidorn Ranch Road. 

FISCAL IMPACT
This sewer line project is incorporated into a developer’s conditions of approval and will be funded by the developer.

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 SANITARY SEWER EASEMENT WITH EDWARD K. DOBBS AND MURIEL L. DOBBS, AS TRUSTEES OF THE EDWARD AND MURIEL DOBBS FAMILY TRUST, ESTABLISHED SEPTEMBER 30, 1991, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 019-100-011, GENERALLY LOCATED ON THE WEST SIDE OF FAIRVIEW AVENUE, NORTH OF THE NEW SAND CREEK ROAD AND SAND CREEK, HEREBY ACCEPTING THE GRANT OF EASEMENT 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 GRANT OF EASEMENT DEED.

WHEREAS, on September 14, 1999, by Resolution No. 99-203, the City Council authorized the City Engineer to sign Professional Engineering Design Contracts with Mark Thomas & Co., Inc. for $292,126 for the design of Sand Creek Road (East), CIP Project No. 336-3061, east of the Union Pacific Railroad Crossing east to Sand Creek/O’Hara Loop; and

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

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

WHEREAS, on April 24, 2001, the City Council authorized the City Engineer to execute an Environmental Design Contract Change Order with Monk & Associates, LLC in an amount not to exceed $56,581.40 for Sand Creek Road, CIP Project No. 336-3061; and

WHEREAS, on May 22, 2001, by Resolution No. 2299, the City Council certified and approved the Negative Declaration and adopted the 2001/2006 Capital Improvement Program; and

WHEREAS, on May 22, 2001, the City Council authorized the City Engineer to execute a Consultant Services Agreement with Cordoba Consulting, Inc. for Project Management Services not to exceed $115,000 for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127, and for the new railroad crossing needed for Sand Creek Road, CIP Project No. 336-3061; and

WHEREAS, on June 26, 2001, by Resolution No. 2320, the City Council authorized the City Manager to execute contract amendments for the extension of time for 14 Professional Design and Service Agreements, which included Mark Thomas & Co., Inc. designing Sand Creek Road (East), CIP Project 336-3061; and

WHEREAS, on July 17, 2001, by Resolution No. 01-55, the Planning Commission of the City of Brentwood set forth various Conditions of Approval, which required the developer, Mark Pringle Co., LLC, to acquire and construct certain off-site improvements in conjunction with the development of their subdivision; and

WHEREAS, a portion of real property identified as APN 019-100-011 is needed for a Sanitary Sewer Easement; and

WHEREAS, a Purchase Agreement for a Sanitary Sewer Easement between the City of Brentwood and the vested property owner has been developed and is necessary for the project.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood, that the Purchase Agreement for the Sanitary Sewer Easement 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 of Easement Deed.

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

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of March 2002 by the following vote: