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 CITY COUNCIL AGENDA ITEM NO. 08



Meeting Date: October 8, 2002

Subject/Title: Approve the Purchase Agreement with Golden Hills Community Church, Inc. for the Northwest Quadrant Infrastructure, Project (Shady Willow Lane Widening), CIP 336-3127. 

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

Approved by: John Stevenson, City Manager



RECOMMENDATION
Approve a Resolution approving an agreement for purchase of a fee parcel with Golden Hills Community Church, Inc., for a portion of real property identified as APN 019-032-007, 019-032-008 and 019-040-043, generally located on the south side of Lone Tree Way, west of Shady Willow Lane, 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 and Landscape Easement.

PREVIOUS ACTION
On November 10, 1998, the City Council approved Resolution No. 98-196 that annexed the northwest area into the City of Brentwood.

On November 28, 2000, the City Council approved Resolution No. 2203 to take various actions. The actions included adding the Northwest Quadrant Infrastructure to the 2000/05 Capital Improvement Program, directing the City Engineer to initiate right of way acquisitions in order to widen Lone Tree Way, directing the City Engineer to initiate discussions with the development community to develop a Capital Improvement Financing Program (CIFP 2001-1) to assist in financing the required engineering and infrastructure to support the anticipated commercial development in this quadrant of the City, directing the City Engineer to hire a consultant to assist the City in developing environmental mitigation measures for this and other City infrastructure and, if possible, develop a mitigation bank to keep environmental mitigation expenditures within the City limits of Brentwood or immediately adjacent, to the maximum extent possible.

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 7, 2002, by Resolution No. 02-18, the Planning Commission confirmed that the proposed 2002/03 – 2006/2007 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 2002/2003 – 2006/07 Capital Improvement Program that included the Northwest Quadrant Infrastructure, CIP Project No. 336-3127. 

BACKGROUND
The purchase of the Golden Hills Community Church property is necessary for the widening of Shady Willow Lane, which is part of the overall Northwest Quadrant Infrastructure Project. The widening of Shady Willow Lane is necessary as the school district is moving forward in construction of the school site and to support commercial and residential development of the area. The roadway system is currently over capacity and utility facilities are virtually non-existent. Major upgrades of all systems are required to support existing as well as proposed uses in the area. 

Staff is bringing a Design Contract (Shady Willow Lane) before Council in order to move forward on this phase of the Northwest Quadrant Infrastructure Project.

FISCAL IMPACT
The Northwest Quadrant Infrastructure Project is funding acquisition of this property. Construction of the Northwest Quadrant Infrastructure is being funded through CIFP2002-1.

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 GOLDEN HILLS COMMUNITY CHURCH, INC., A CALIFORNIA CORPORATION, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 019-032-007, 019-032-008 and 019-040-043, GENERALLY LOCATED ON THE SOUTH SIDE OF LONE TREE WAY, WEST OF SHADY WILLOW LANE, 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 AND LANDSCAPE EASEMENT.

WHEREAS, on November 10, 1998, the City Council approved Resolution No. 98-196 that annexed the northwest area into the City of Brentwood; and

WHEREAS, on November 28, 2000, the City Council approved Resolution No. 2203 to take various actions. The actions included adding the Northwest Quadrant Infrastructure to the 2000/05 Capital Improvement Program, directing the City Engineer to initiate right of way acquisitions in order to widen Lone Tree Way, directing the City Engineer to initiate discussions with the development community to develop a Capital Improvement Financing Program (CIFP 2001-1) to assist in financing the required engineering and infrastructure to support the anticipated commercial development in this quadrant of the City, directing the City Engineer to hire a consultant to assist the City in developing environmental mitigation measures for this and other City infrastructure and, if possible, develop a mitigation bank to keep environmental mitigation expenditures within the City limits of Brentwood or immediately adjacent, to the maximum extent possible; 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 7, 2002, by Resolution No. 02-18, the Planning Commission confirmed that the proposed 2002/03 – 2006/2007 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; and

WHEREAS, on May 28, 2002, by Resolution No. 2549, the City Council adopted the City’s 2002/2003 – 2006/07 Capital Improvement Program that included the Northwest Quadrant Infrastructure, CIP Project No. 336-3127; and 

WHEREAS, a portion of real property identified as APN 019-032-007, 019-032-008 and 019-040-043, generally located on the south side of Lone Tree Way, west of Shady Willow Lane in the City of Brentwood, is needed for the widening of Shady Willow Lane for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127; and

WHEREAS, a Purchase Agreement between the City of Brentwood and the vested property owner 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 and Landscape Easement.

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

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

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