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 CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: October 22, 2002

Subject/Title: Approve a Purchase Agreement with Jim and Becky Estenson for the Brentwood Boulevard/Lone Tree Way Wastewater Project, CIP Project No. 592-5910.

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 Jim Estenson and Becky Estenson, husband and wife, as Joint Tenants, for a portion of real property identified as APN 018-180-010, generally located on the west side of Brentwood Boulevard between Grant Street and Gregory 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 purchase agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed. 

PREVIOUS ACTION
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 Brentwood Boulevard/Lone Tree Way Wastewater Project, CIP Project No. 592-5910.

BACKGROUND
The purchase of the Estenson property is necessary to install the utilities in a most efficient way and will be required to widen Brentwood Boulevard in the future. It will provide service to residents and businesses currently on septic tanks and new home construction between Grant Street and Gregory Lane. This is one part of the City’s overall goals to provide sewer facilities to as many of the City’s residents as possible. Also, this project construction will provide the necessary utilities and will encourage the much-needed economic development of vacant commercial properties along this portion of Brentwood Boulevard.

FISCAL IMPACT
Acquisition of this property is funded through the Brentwood Boulevard/Lone Tree Way Wastewater Project, CIP Project No. 592-5910, which currently is being funded by Redevelopment Funds. Maintenance cost of this project will be borne by the Sewer Enterprise Fund.

Attachments:
Resolution
Site Map
Purchase Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AGREEMENT FOR PURCHASE OF A FEE PARCEL WITH JIM ESTENSON AND BECKY ESTENSON, HUSBAND AND WIFE AS JOINT TENANTS, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 018-180-010, GENERALLY LOCATED ON THE WEST SIDE OF BRENTWOOD BOULEVARD BETWEEN GRANT STREET AND GREGORY 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 PURCHASE AGREEMENT, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION INCLUDING ACCEPTANCE OF THE DEED. 


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 Brentwood Boulevard/Lone Tree Wastewater Project, CIP Project No. 592-5910; and

WHEREAS, a portion of real property identified as APN 018-180-010, generally located on the west side of Brentwood Boulevard between Grant Street and Gregory Lane in the City of Brentwood, is needed for the Brentwood Boulevard/Lone Tree Wastewater Project, CIP Project No. 592-5910; 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 Purchase 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 22nd day of October 2002 by the following vote:

CITY OF BRENTWOOD 
AGREEMENT FOR PURCHASE AND SALE OF INTERESTS IN REAL PROPERTY

Parcel Number: 018-180-010
Property Location: 6923 & 6927 Brentwood Boulevard, Brentwood, CA
Project Name: Brentwood Boulevard/Lone Tree Wastewater Project
[CIP #592-5910]

Grantors: Jim Estenson and Becky Estenson
Mailing Address: 2176 Newport Ct., Discovery Bay, CA 94514

A document in the form of a Grant Deed, covering the real property described in Exhibit A and shown on Exhibit B, will be executed and delivered to the City Clerk of the City of Brentwood [herein after referred to as City]. 

In consideration of the above-mentioned instrument and other considerations hereinafter set forth, it is mutually agreed as follows:

1. This Agreement is effective on the date of approval by the City Council.

The City shall:

A. Pay the undersigned grantor the sum of Nine Thousand, Six Hundred Twenty-Five Dollars ($9,625.00), when a CLTA policy of title insurance can be issued showing title to said property or interest vested in the City free and clear of all liens, encumbrances, assessments, leases, and taxes.

B. Pay all escrow, recording, or other fees incurred in this transaction, if any, and, if title insurance is desired by the City, the premium charged therefore.

3. Grantor hereby authorizes the City to prepare and file escrow instructions with North American Title Company, on behalf of Grantor, in accordance with this agreement. The County will segregate taxes if necessary and any refund will come directly from the County.

4. It is understood that the agreement between the City and the Grantors shall include the following:

A. Grantors warrant that there are no oral or written leases on all or any portion of the real property except for the current lease to Linda Hasenpusth being conveyed exceeding a period of one month. The grantors further agree to hold the City harmless and reimburse the City for any and all of its losses and expenses occasioned by reason of any lease of said real property held by any tenant of grantor for a period exceeding one month.

B. The undersigned grantor hereby grants permission to the City of Brentwood, its contractors and their authorized agents, to enter and bring the necessary workmen, tools and equipment on their property for the purpose of materials storage on the property as required and for access purposes to the property as required. It is understood and agreed that the Contractor will leave the premises in a clean and orderly condition on completion of the work. It is further understood that the above permission will remain in effect until completion of construction of the Brentwood Boulevard/Lone Tree Way Wastewater Project.

C. The consideration mentioned in paragraph 2A above includes total compensation for both permanent and temporary rights and includes total compensation for all severance damages to Grantor’s remaining real property.

D. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject real property by the City of Brentwood, including the right to remove and dispose of improvements, commenced on date of full execution of this agreement, and that the amount shown in paragraph 2A herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.

E. The City shall hold Grantors harmless from any and all claims, demands, damages, losses, actions, liabilities, causes of action of judgments which Grantors may pay or be required to pay by reason of an damage or injury to any person or property suffered as the sole result of the active negligence of the City in performing the work described herein.

5. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration of said document and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement.


Dated: 



CITY OF BRENTWOOD GRANTORS:

By: ________ By: _________ 
John Stevenson, Jim Estenson
City Manager



ATTESTED: By: __________________________
Becky Estenson 


By: _________ 
Karen Diaz, CMC, Agency Clerk 


NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED
City Administration
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