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CITY COUNCIL AGENDA ITEM NO. 03



Meeting Date: July 9, 2002

Subject/Title: Approve the Purchase Agreement with Clingmans for the Sunset Road Realignment Project, CIP Project No. 336-3012. 

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

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution approving an agreement for purchase of a fee parcel with Lloyd R. Clingman and Karen S. Clingman husband and wife as joint tenants, for a portion of real property identified as APN 018-190-012, generally located on the north side of Sunset Road and East Bay Municipal Utility District Aqueduct (EBMUD), east of Marsh Creek Flood Control Channel, 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, by Resolution No. 2011, the City Council approved the Design Contract with Carlson Barbee and Gibson for the Sunset Road Realignment Project, CIP Project No. 336-3012.

On May 22, 2001, by Resolution No. 2299, the City Council adopted the City’s 2001/06 Capital Improvement Program that included the Sunset Road Realignment Project, CIP Project No. 336-3012.

On June 26, 2001, by Resolution No. 2320, the City Council authorized the City Manager to execute a Contract Amendment with Carlson, Barbee & Gibson, Inc. to extend the time required for the design of the Sunset Road Realignment Project, CIP Project No. 336-3012.

On December 11, 2001, by Resolution No. 2425, the City Council approved an Actual Cost Contract with PG&E for the relocation of the existing 60 kV Overhead Transmission Power Line along the proposed Sunset Road Realignment Project, CIP Project No. 336-3012.

On February 12, 2002, by Resolution No. 2462, the City Council authorized the City Manager to execute an Actual Cost Contract with Pacific Gas and Electric for the relocation of the existing 21 kV Overhead Distribution Power Line along the proposed Sunset Road Realignment Project, CIP Project No. 336-3012.

On May 7, 2002, by Resolution No. 02-18, the Planning Commission confirmed that the proposed 2002/03 – 2006/07 Capital Improvement Program (CIP) is consistent with the adopted General Plan of the City of Brentwood as required by Section 6540l of the Government Code.

On May 28, 2002, by Resolution No. 2549, the City Council adopted the City’s 2002/03 – 2006/07 Capital Improvement Program that included the Sunset Road Realignment Project, CIP Project No. 336-3012.

BACKGROUND
The purchase of the Clingman property is necessary for the realignment of Sunset Road. This project realigns Sunset Road in a due east-west direction along the north side of the EBMUD Aqueduct to intersect with Brentwood Boulevard at the Grant Street signal. The project includes the construction of roadway, bridge over Marsh Creek, water and non-potable water, and fiber optic line improvements. The existing alignment of Sunset Road is inefficient and inconvenient, especially at the intersection with Highway 4 (Brentwood Boulevard).

FISCAL IMPACT
The Sunset Road Realignment Project is funding acquisition of this property. The project will be constructed by Developer as a condition of approval, however, being offsite, it will be paid for by a combination of Roadway and Water Facility Fees. This project will increase pavement management. Annual operating and maintenance for roadway and utility work is $1,200. 

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 FEE PARCEL WITH, LLOYD R. CLINGMAN AND KAREN S. CLINGMAN, HUSBAND AND WIFE AS JOINT TENANTS, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 018-190-012, GENERALLY LOCATED ON THE NORTH SIDE OF SUNSET ROAD AND EAST BAY MUNICIPAL UTILITY DISTRICT AQUEDUCT (EBMUD), EAST OF MARSH CREEK FLOOD CONTROL CHANNEL, 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, by Resolution No. 2011, the City Council approved the Design Contract with Carlson Barbee and Gibson for the Sunset Road Realignment Project, CIP Project No. 336-3012; and

WHEREAS, on May 22, 2001, by Resolution No. 2299, the City Council adopted the City’s 2001/06 Capital Improvement Program that included the Sunset Road Realignment Project, CIP Project No. 336-3012; and

WHEREAS, on June 26, 2001, by Resolution No. 2320, the City Council authorized the City Manager to execute a Contract Amendment with Carlson, Barbee & Gibson, Inc. to extend the time required for the design of the Sunset Road Realignment Project, CIP Project No. 336-3012; and

WHEREAS, on December 11, 2001, by Resolution No. 2425, the City Council approved an Actual Cost Contract with PG&E for the relocation of the existing 60 kV Overhead Transmission Power Line along the proposed Sunset Road Realignment Project, CIP Project No. 336-3012; and

WHEREAS, on February 12, 2002, by Resolution No. 2462, the City Council authorized the City Manager to execute an Actual Cost Contract with Pacific Gas and Electric for the relocation of the existing 21 kV Overhead Distribution Power Line along the proposed Sunset Road Realignment Project, CIP Project No. 336-3012; and

WHEREAS, on May 7, 2002, by Resolution No. 02-18, the Planning Commission confirmed that the proposed 2002/03 – 2006/07 Capital Improvement Program (CIP) is consistent with the adopted General Plan of the City of Brentwood as required by Section 65401 of the Government Code; and

WHEREAS, on May 28, 2002, by Resolution No. 2549, the City Council adopted the City’s 2002/03 – 2006/07 Capital Improvement Program that included the Sunset Road Realignment Project, CIP Project No. 336-3012; and

WHEREAS, a portion of real property identified as APN 018-190-012, generally located on the north side of Sunset Road and East Bay Municipal Utility District Aqueduct (EBMUD), east of Marsh Creek Flood Control Channel in the City of Brentwood, is needed for the Sunset Road Realignment Project, CIP Project No.336-3012; 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 9th day of July 2002 by the following vote:

 
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