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CITY COUNCIL AGENDA ITEM NO. 07

Meeting Date: May 13, 2003

Subject/Title: Approve the Purchase Agreement with Patrick G. McHenry and Donnalle M. McHenry, Trustees of the McHenry Family Trust – 1990, for Sunset Road Realignment, CIP Project No. 336-3012, and Homecoming Park, CIP Project No. 522-5208.

Submitted by: Engineering: B. Grewal/M. Kirby/M. Sullivan
Parks & Recreation: C. Bronzan

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution approving the following actions: (1) approving an agreement for purchase of fee parcels with Patrick G. McHenry and Donnalle M. McHenry, Trustees of the McHenry Family Trust – 1990, U/T/A dated December 11, 1990, for a portion of real property identified as APN 018-190-020, generally located on the east side of Brentwood Boulevard between Homecoming Way and East Bay Municipal Utility District Aqueduct (EBMUD), 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 Deeds; (2) authorize the Mayor or City Manager and City Clerk or any of their designees to execute a document conveying the remainder of City owned property acquired by an Irrevocable Offer of Dedication to The McHenry Family Trust – 1990, as shown upon the Parcel Map MS 100-75 filed June 11, 1976, Book 45, Parcel Maps Page 39 of Contra Costa County Records, excepting there from all those portions lying southerly of the northerly boundary line of Sunset Road Extension and easterly of the westerly boundary line of the connector road between Homecoming Road and Sunset Road Extension and such other documents as may be needed to complete the transaction (3) authorize the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed from the City to The McHenry Family Trust – 1990, for the existing Temporary Access Easement from Highway 4 to the City’s Water Treatment Plant and such other documents as may be needed to complete the transaction.

PREVIOUS ACTION
On February 8, 2000, by Resolution No. 2011, the City Council approved the Design Contract with Carlson Barbee and Gibson for Sunset Road Realignment, CIP Project No. 336-3012.

On April 11, 2000, by Resolution No. 2052, the City Council accepted the completion of Homecoming Park , CIP Project No. 522-5208.

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

On January 8, 2002, by Resolution No. 2437, the City Council approved the Reimbursement Agreement with DeNova Homes for repayment of Sunset Road Realignment off-site improvements.

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 Sunset Road Realignment, CIP Project No. 336-3012.

BACKGROUND
The current 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 traffic signal. The project includes the construction of water and non-potable water, and fiber optic line improvements. The existing alignment of Sunset Road is inefficient and unsafe, especially at the intersection with Highway 4 (Brentwood Boulevard).

Residents in the Homecoming Subdivision just north of Sunset Road requested that the City look into construction of a connector road from Homecoming Way to the new realigned Sunset Road. Due to the heavy traffic on Brentwood Boulevard there is a safety issue for residents leaving said subdivision and turning left onto Brentwood Boulevard.

The City has determined that by constructing a one-way, one-lane connector road to the new realigned Sunset Road it will allow residents desiring to make a left hand turn a much safer route at a signalized intersection. When the McHenry property develops the other half of the connector road, it would be constructed as a condition for development.

Further, Public Works personnel working at the Water Treatment Plant also desire a connector road to Sunset Road to make a much safer route at a signalized intersection.

During the staking for the possibility of the connector road, it was discovered that Homecoming Park is encroaching onto the McHenry property. The purchase of the McHenry property will not only resolve the encroachment of Homecoming Park, provide a safer route for the residents in the adjacent subdivision and Public Works personnel, but also will eliminate the need for the Temporary Access Easement being used to ingress and egress the Water Treatment Plant.

Upon completion of the realigned Sunset Road and the construction of the connector road the City will be left with some small-unused areas that were acquired from an Irrevocable Offer of Dedication shown on Parcel Map MS 100-75. The logical disposition of these areas is to convey them back to McHenry.

FISCAL IMPACT
Sunset Road Realignment, CIP Project No. 336-3012, is funding acquisition of the property necessary for the connector road in the amount of $79,000.00. The project will be constructed by Developer as a condition of approval; however, being off-site, it will be paid for by Roadway Facility Fees. This project will increase pavement management. Annual operating and maintenance for roadway and utility work is $6,000.00.

Homecoming Park, CIP Project No. 522-5208, will be reactivated by Finance to cover funding the right of way services and acquisition necessary to resolve the encroachment of the park in the amount of $21,000.00.

Attachments:
Resolution
Site Map
Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FOLLOWING ACTIONS: (1) APPROVING AN AGREEMENT FOR PURCHASE OF FEE PARCELS WITH PATRICK G. MCHENRY AND DONNALLE M. MCHENRY, TRUSTEES OF THE MCHENRY FAMILY TRUST – 1990, U/T/A DATED DECEMBER 11, 1990, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 018-190-020, GENERALLY LOCATED ON THE EAST SIDE OF BRENTWOOD BOULEVARD BETWEEN HOMECOMING WAY AND EAST BAY MUNICIPAL UTILITY DISTRICT AQUEDUCT (EBMUD), 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 DEEDS; (2) AUTHORIZE THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE A DOCUMENT CONVEYING THE REMAINDER OF CITY OWNED PROPERTY ACQUIRED BY AN IRREVOCABLE OFFER OF DEDICATION TO THE MCHENRY FAMILY TRUST – 1990, AS SHOWN UPON THE PARCEL MAP MS 100-75 FILED JUNE 11, 1976, BOOK 45, PARCEL MAPS PAGE 39 OF CONTRA COSTA COUNTY RECORDS, EXCEPTING THERE FROM ALL THOSE PORTIONS LYING SOUTHERLY OF THE NORTHERLY BOUNDARY LINE OF SUNSET ROAD EXTENSION AND EASTERLY OF THE WESTERLY BOUNDARY LINE OF THE CONNECTOR ROAD BETWEEN HOMECOMING ROAD AND SUNSET ROAD EXTENSION AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION (3) AUTHORIZE THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE A QUITCLAIM DEED FROM THE CITY TO THE MCHENRY FAMILY TRUST – 1990, FOR THE EXISTING TEMPORARY ACCESS EASEMENT FROM HIGHWAY 4 TO THE CITY’S WATER TREATMENT PLANT AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION.


WHEREAS, on February 8, 2000, by Resolution No. 2011, the City Council approved the Design Contract with Carlson Barbee and Gibson for Sunset Road Realignment, CIP Project No. 336-3012; and

WHEREAS, on April 11, 2000, by Resolution No. 2052, the City Council accepted the completion of Homecoming Park , CIP Project No. 522-5208; and

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

WHEREAS, on January 8, 2002, by Resolution No. 2437, the City Council approved the Reimbursement Agreement with DeNova Homes for repayment of Sunset Road Realignment off-site improvements; 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, 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 Sunset Road Realignment, CIP Project No. 336-3012; and

WHEREAS, a portion of real property identified as APN 018-190-020, generally located on the east side of Brentwood Boulevard between Homecoming Way and East Bay Municipal Utility District Aqueduct (EBMUD), is needed for Sunset Road Realignment, CIP Project No. 336-3012, and Homecoming Park, CIP Project No. 522-5208; 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 Deeds.

BE IT FURTHER RESOLVED that the City of Brentwood hereby accepts the Grant Deeds.

BE IT FURTHER RESOLVED that Mayor or City Manager and City Clerk or any of their designees are authorized to execute a document to convey a portion of City owned property acquired by an Irrevocable Offer of Dedication as shown upon the Parcel Map MS 100-75 filed June 11, 1976, Book 45, Parcel Maps Page 39 of Contra Costa County Records, excepting there from all those portions lying southerly of the northerly boundary line of Sunset Road Extension and easterly of the westerly boundary line of the Connector Road between Homecoming Road and Sunset Road Extension, and such other documents as may be needed to complete the property exchange.

BE IT FURTHER RESOLVED that Mayor or City Manager and City Clerk or any of their designees are authorized to execute a Quitclaim Deed for the existing Temporary Access Easement from Highway 4 to the City’s Water Treatment Plan.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of May 2003 by the following vote:
 

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