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CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: May 13, 2003

Subject/Title: Approve a Resolution authorizing execution of Option to Purchase Agreement with Braddock & Logan concerning a parcel consisting of approximately 0.45 acres.

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

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the attached Option to Purchase Agreement and such other documents as may be needed including executing the Grant Deed to complete the sale of a portion of City owned property after the final monetary value is determined in the eminent domain proceeding (a portion of APN 019-110-048), for the extension of Shady Willow Lane between Sand Creek and the new Sand Creek Road.

PREVIOUS ACTION
The proposed Option to Purchase Agreement concerns the sale of a parcel consisting of an area of approximately 0.45 acres. The parcel is located immediately west of Braddock and Logan’s Subdivision No. 8421 and is designated in the City’s General Plan for residential use. The proposed residential use is consistent with Braddock & Logan’s zoning and subdivision design for Subdivision No. 8421. Given the City’s General Plan general alignment for Shady Willow Lane extension south of Sand Creek, the Planning staff required Braddock and Logan to plan for the subject remnant area and to demonstrate how its existing approved subdivision design could include the subject parcel if it was ever purchased. The Braddock and Logan design would allow it to create two additional lots, if this parcel is added to its existing subdivision. If Braddock and Logan is granted the option to purchase this parcel, it would be required to file lot line adjustments to enlarge some existing lots within Subdivision No. 8421 plus a new two-lot parcel map to subdivide the subject parcel in order to be consistent with the Planning Commission’s design.

As part of its approval of Subdivision No. 8421, Braddock and Logan was required to pay for all costs associated with the right of way acquisition of the Shady Willow Lane extension, from the south bank of Sand Creek to the new north right of way for the new realignment of Sand Creek Road and has done so.

The subject parcel is land severed from the larger parcel owned by the Andrade family. The City was forced to condemn this parcel which has different zoning (residential) that was severed from the current owners’ larger parcel that is zoned commercial, in order to construct the new Shady Willow Lane alignment. The City had to file an eminent domain proceeding in order to obtain the Shady Willow Lane right of way alignment due to the litigation between the current landowners, Andrade family and Woodside Homes of California. The litigation between the current owners and Woodside Homes of California has been resolved and the final settlement has been filed. However, the City’s eminent domain proceedings with the current owners remain open, as the final monetary value of the land taken remains open. City staff can recommend approval of the proposed Option to Purchase Agreement, as Braddock and Logan has agreed on a percentage of the final total cost that would be apportioned to the subject parcel when the only remaining litigation issue, monetary value, in the eminent domain proceeding has been resolved.

Braddock & Logan is currently mass grading the area of its subdivision and desires to grade the subject parcel area. Subject to the final value of the eminent domain proceeding, the Option to Purchase Agreement would allow Braddock & Logan the assurance to incur the mass grading costs and to incur associated engineering costs to prepare and file the necessary parcel map and lot line adjustments to include this area with its subdivision. The City has no plans for the subject parcel and is a remnant parcel. As in most remnant parcel land sales, the City attempts to sell the land to the adjacent landowner. The adjacent landowner that can best utilize the remnant parcel would be Braddock and Logan.

Staff believes that the Option to Purchase Agreement would allow for the best use of this land and also remains consistent with the Planning Commission’s initial review of this property.

FISCAL IMPACT
The exact amount of the purchase price will be determined when the parties to the litigation, City of Brentwood v. Andrade, et al, has finalized the value of the property taken. If the City Council approves the proposed Option to Purchase Agreement, the City, which initially deposited $423,000, would agree to accept $46,530, 11% of the total value of the final judgment, if the defendants agree to the initial deposit as the value of the taken land) of the final compensation paid to the current owners. The amount is not a pro rata share of the total value of the property taken because the land on the east side of the right of way is residentially planned and zoned with a lower value than the west side of the Shady Willow Lane right of way that has a higher land value due to its commercial zoning and general plan designation.

Attachments:
Resolution
Site Map
Option to Purchase Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE AN OPTION TO PURCHASE AGREEMENT AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED INCLUDING EXECUTING THE GRANT DEED TO COMPLETE THE SALE OF A PORTION OF CITY OWNED PROPERTY AFTER THE FINAL MONETARY VALUE IS DETERMINED IN THE EMINENT DOMAIN PROCEEDING, (A PORTION OF APN 019-110-048, CITY OF BRENTWOOD V. ANDRADE, ET AL) FOR THE EXTENSION OF SHADY WILLOW LANE.

WHEREAS, the City of Brentwood’s General Plan general alignment for the Shady Willow Lane extension south of Sand Creek required that an eminent domain action be filed to purchase right of way for the extension of Shady Willow Lane, south of Sand Creek, that created a remnant parcel consisting of an area of approximately 0.45 acres (“Parcel”); and

WHEREAS, the Parcel is located immediately west of Braddock and Logan’s Subdivision No. 8421, and the Planning Commission required Braddock and Logan to plan for the Parcel and to demonstrate how its existing approved subdivision design could include the Parcel if it was ever purchased; and

WHEREAS, the proposed residential use is consistent with Braddock & Logan’s zoning and subdivision design for Subdivision No. 8421; and

WHEREAS, the Braddock and Logan design would allow it to create two additional lots if the Parcel is added to its existing subdivision and would be required to file lot line adjustments to enlarge some existing lots within Subdivision No. 8421 plus a new two-lot parcel map to subdivide the Parcel in order to be consistent with the Planning Commission’s design; and

WHEREAS, subject to the final value of the eminent domain proceeding (City of Brentwood v. Andrade, et al), the proposed Option to Purchase Agreement would allow Braddock & Logan the assurance to incur the mass grading costs and to incur associated engineering costs to prepare and file the necessary parcel map and lot line adjustments to include the Parcel; and

WHEREAS, the City has no plans for the subject Parcel and is surplus; and

WHEREAS, as in most surplus land sales, the City attempts to sell the land to the adjacent landowner and City staff believes that the adjacent landowner that can best utilize the remnant Parcel would be Braddock and Logan; and

WHEREAS, An Option to Purchase Agreement between the City of Brentwood and Braddock & Logan for a sale of the Parcel has been drafted and has been reviewed by the City Attorney for the transfer of the Parcel.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood, that the Option to 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 Option to Purchase Agreement and any related escrow documents including executing a Grant Deed after the eminent domain action, City of Brentwood v. Andrade, et al, has been dismissed or resolved.

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

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