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CITY COUNCIL AGENDA ITEM NO. 03


Meeting Date: March 25, 2003

Subject/Title: Approve a Purchase Agreement with Marlys D. Carlisle for the trail portion of the Ponderosa Neighborhood Park CIP Project.

Submitted by: Parks and Recreation: C. Bronzan
Engineering: M. Kirby/M. Sullivan

Approved by: John Stevenson, City Manager



RECOMMENDATION
Approve a Resolution approving an agreement for purchase of a fee parcel with Marlys D. Carlisle, as sole Trustee of the Carlisle Family Trust, for a portion of real property identified as APN 017-030-007, generally located North of Sand Creek Road (Central) between Fairview Avenue and Minnesota 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 purchase agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed. 

PREVIOUS ACTION
None

BACKGROUND
The purchase of this piece of property is necessary for completion of the trail that runs south to north in SPA L, and connects from Sand Creek Road to Grant Street. The trail runs on both the property that is being developed by Western Pacific Homes (Subdivision 8395) and the proposed Ponderosa Homes development (Subdivision 8529).

When the two above projects were originally conditioned, it was expected that the Western Pacific Homes Subdivision would mobilize first, in 2002, with Ponderosa Homes Subdivison following in 2003. Western Pacific Homes has moved forward and Ponderosa Homes has delayed the start of their project. As a result, Ponderosa Homes has not purchased the property for their project from the Carlisle family.

The Western Pacific Subdivision was conditioned to compete the landscape areas of the trail adjacent to the park. They are also conditioned to dedicate the land in this area to the City.

The Ponderosa Subdivision was conditioned to develop the park, which is adjacent to the trail and was required to coordinate the alignment of the pedestrian/bicycle under crossing at Sand Creek Road with Subdivision 8395. The requirement indicated that this might require additional right-of-way along the boundary property.

Western Pacific is ready to move forward with construction and landscaping of the trail section. Ponderosa Homes has not yet purchased the property. As a result, in order to facilitate Western Pacific’s timeline, the City has stepped in to negotiate purchase of the necessary property from the Carlisle family with the assistance of Ponderosa Homes. If the process had moved forward as originally intended in 2001, Ponderosa would have purchased the property, to be reimbursed by the City. Instead, the City is moving forward to purchase the property directly, eliminating the need to reimburse Ponderosa.

When Ponderosa Homes moves forward with their subdivision, they will purchase the remainder of the property necessary for the park and will be reimbursed as per the approved development agreement by the City.

FISCAL IMPACT
$65,000 will be charged to CIP project Ponderosa Neighborhood Park ($60,000 land/$5,000 escrow fees/administration)

Attachments:
Resolution
CIP Budget Sheet
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 MARLYS D. CARLISLE, AS SOLE TRUSTEE OF THE CARLISLE FAMILY TRUST, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 017-030-007, GENERALLY LOCATED NORTH OF SAND CREEK ROAD (CENTRAL) BETWEEN FAIRVIEW AVENUE AND MINNESOTA 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 PURCHASE AGREEMENT, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION INCLUDING ACCEPTANCE OF THE DEED. 

WHEREAS, a portion of real property identified as APN 017-030-007, is needed for the completion of the trail that runs south to north in SPA L and connects from Sand Creek Road to Grant Street, as part of the Ponderosa Neighborhood Park CIP Project; 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 25th day of March 2003, by the following vote:

 
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