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CITY COUNCIL AGENDA ITEM NO. 06

 

Meeting Date: April 9, 2002

Subject/Title: Approve a Purchase and Sale Agreement with Jack B. Gregory and Linda A. Gregory for Sand Creek Road (East), CIP 336-3061

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

Approved by: John Stevenson, City Manager


RECOMMENDATION
Approve a Resolution approving the following actions: (1) approve an agreement for purchase of a fee parcel (property exchange) with Jack B. Gregory and Linda A. Gregory, Trustees of the Gregory Living Trust under instrument dated May 10, 1991, for a portion of real property identified as APN 016-120-015, generally located on the east side of the future intersection of Sand Creek Road and O’Hara Avenue, 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; (2) authorize the Mayor or City Manager and City Clerk or any of their designees to execute a Grant Deed, and such other documents as may be needed to complete the transaction to convey the City owned property identified as APN 016-120-021 (property exchange) from the City of Brentwood to Jack B. Gregory and Linda Gregory , Trustees of the Gregory Living Trust under instrument dated May 10, 199l described in said purchase agreement. 

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 the 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 10, 2001, by Resolution No. 2329, the City Council authorized the City Engineer and City Attorney to negotiate and sign an agreement with the City of Torrance, California for the rights to the at grade railroad crossing closed by the City of Torrance to facilitate the Public Utilities Commission approval of Brentwood’s new Sand Creek Road crossing of the Union Pacific Railroad, and authorized the City Engineer to continue negotiations with San Joaquin County and Torrance for the purchase of a second railroad crossing.

BACKGROUND
The purchase of the Gregory Property is one of the acquisitions necessary to complete the next segment of Sand Creek Road. This property acquisition is necessary to construct Marsh Creek Trail under crossing at Sand Creek Road and O’Hara Avenue intersection. The City’s major thoroughfare improvements started with CIP Project No. 336-3055 and CIP Project No. 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 City owned property that is being exchanged for the right of way needed from the Gregorys was acquired as an uneconomic remainder from the Crandells during the Sand Creek/O’Hara Loop Project, CIP No. 336-3055. The logical use for this remainder is to combine it with the Gregory Property that is being developed as a commercial site. 

FISCAL IMPACT
This Sand Creek Road East project, when complete, will increase annual maintenance of the road system and utilities by approximately $4,200 per year.

Attachments:
Resolution
Site Map
Agreement

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FOLLOWING ACTIONS: (1) APPROVE AN AGREEMENT FOR PURCHASE OF A FEE PARCEL (PROPERTY EXCHANGE) WITH JACK B. GREGORY AND LINDA A. GREGORY, TRUSTEES OF THE GREGORY LIVING TRUST UNDER INSTRUMENT DATED MAY 10, 1991, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 016-120-015, GENERALLY LOCATED ON THE EAST SIDE OF THE FUTURE INTERSECTION OF SAND CREEK ROAD AND O’HARA AVENUE, 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; (2) AUTHORIZE THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE A GRANT DEED, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION TO CONVEY THE CITY OWNED PROPERTY IDENTIFIED AS APN 016-120-021 (PROPERTY EXCHANGE) FROM THE CITY OF BRENTWOOD TO JACK B. GREGORY AND LINDA GREGORY , TRUSTEES OF THE GREGORY LIVING TRUST UNDER INSTRUMENT DATED MAY 10, 1991 DESCRIBED IN SAID PURCHASE AGREEMENT. 

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 10, 2001, by Resolution No. 2329, the City Council authorized the City Engineer and City Attorney to negotiate and sign an agreement with the City of Torrance, California for the rights to the at grade railroad crossing closed by the City of Torrance to facilitate the Public Utilities Commission approval of Brentwood’s new Sand Creek Road crossing of the Union Pacific Railroad, and authorized the City Engineer to continue negotiations with San Joaquin County and Torrance for the purchase of a second railroad crossing; and

WHEREAS, a portion of real property identified as APN 016-080-015 is needed for the Sand Creek Road (East), CIP Project No. 336-3061; and

WHEREAS, a Purchase Agreement between the City of Brentwood and the vested property owner for a property exchange 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.

BE IT FURTHER RESOLVED that the Mayor or City Manager and City Clerk or any of their designees are authorized to execute a Grant Deed to convey City owned property identified as APN 016-120-021, and such other documents as may be needed to complete the property exchange.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of April 2002 by the following vote: