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CITY COUNCIL AGENDA ITEM NO. 6

Meeting Date: July 22, 2003

Subject/Title: Approve a Resolution authorizing execution of Option to Purchase Agreement with Joseph Titone and Ann Titone concerning parcels consisting of approximately 0.34 acres.

Submitted by: Engineering: B. Grewal/M. Kirby/M. Sullivan
City Attorney: Dennis Beougher

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution approving the following actions: (1) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the attached Option to Purchase Agreement with Joseph Titone and Ann Titone; (2) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Grant Deed, and such other documents as may be needed to complete the transaction to convey City owned property identified as a portion of APN 019-110-048 acquired for the extension of Shady Willow Lane generally located between Sand Creek and the new Sand Creek Road from the City of Brentwood to Joseph Titone and Ann Titone referred to in Action (1) above and described in said Option to Purchase Agreement; (3) hereby accept real property on behalf of the City identified as a portion of APN 019-110-016 from the vested property owners Joseph Titone and Ann Titone referred to in Action (1) above and described in said Option to Purchase Agreement including the acceptance of the Deed.

PREVIOUS ACTION
On May 27, 2003, by Resolution No. 2893, the City Council adopted the City’s 2003/04 – 2004/05 Capital Improvement Program that included Shady Willow Lane Extension – Phase II (under developer improvements).

BACKGROUND
The proposed Option to Purchase Agreement concerns the sale of three parcels consisting of areas, 0.03, 0.12, 0.19, or a total of approximately 0.34 acres. These parcels are located west of Braddock and Logan’s Subdivision No. 8421, north of the access road to Subdivision No. 8421, and east of the Shady Willow right of way. These parcels are designated in the City’s General Plan for residential use. The parcels would be merged with the existing Titone property and be incorporated into the home site.

The subject parcels are land severed from the larger parcel owned by the Andrade family. The City was forced to condemn these parcels (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.

The City has no plans for the subject parcels and they are considered remnant parcels. 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 parcels would be the Titones. City staff recommends approval of the proposed Option to Purchase Agreement as it is the City’s practice to minimize the impact of adjacent development on existing adjacent homes. The remnants have no economic use as they are too small for a residential lot. The City is requesting an area of approximately 107 square feet be conveyed by the Titone’s to the City for the new Shady Willow Lane alignment in exchange for the three parcels being conveyed by the City to the Titones. Furthermore, the City will be eliminating the current access from Old Sand Creek Road to the Titone property in the future. The existing access will become part of the trail system. Therefore, the City will need to provide a new access across one of the remnant parcels described above.

Staff believes that the Option to Purchase Agreement would allow for the best use of this land.

FISCAL IMPACT
The exact amount of the fiscal impact upon the City’s budget will be determined when the parties to the litigation, City of Brentwood v. Andrade, et al, have finalized the value of the property taken. If the City appraiser’s land value is accepted by the Andrade defendants, the City would have paid approximately $27,000 for the 0.34 acres.

Attachments:
Resolution
Site Map
Option to Purchase Agreement

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FOLLOWING ACTIONS: (1) AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE THE ATTACHED OPTION TO PURCHASE AGREEMENT WITH JOSEPH TITONE AND ANN TITONE; (2) AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE A GRANT DEED, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION TO CONVEY CITY OWNED PROPERTY IDENTIFIED AS A PORTION OF APN 019-110-048 ACQUIRED FOR THE EXTENSION OF SHADY WILLOW LANE GENERALLY LOCATED BETWEEN SAND CREEK AND THE NEW SAND CREEK ROAD FROM THE CITY OF BRENTWOOD TO JOSEPH TITONE AND ANN TITONE REFERRED TO IN ACTION (1) ABOVE AND DESCRIBED IN SAID OPTION TO PURCHASE AGREEMENT AFTER THE FINAL MONETARY VALUE IS DETERMINED IN THE EMINENT DOMAIN PROCEEDING, (CITY OF BRENTWOOD V. ANDRADE, ET AL) FOR THE EXTENSION OF SHADY WILLOW LANE; (3) HEREBY ACCEPT REAL PROPERTY ON BEHALF OF THE CITY IDENTIFIED AS A PORTION OF APN 019-110-016 FROM THE VESTED PROPERTY OWNERS JOSEPH TITONE AND ANN TITONE REFERRED TO IN ACTION (1) ABOVE AND DESCRIBED IN SAID OPTION TO PURCHASE AGREEMENT INCLUDING THE ACCEPTANCE OF THE DEED.


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 three remnant parcels consisting of an area of approximately, 0.03, 0.12. and 0.19 acres, or a total of approximately 0.34 acres (“Parcel”); and

WHEREAS, the Parcel is located immediately west of Subdivision No. 8421, south of Old Sand Creek Road, east of the realigned Shady Willow Lane; 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 the Titones the assurance to incur costs to reconfigure their lot to accommodate a new driveway to their home and 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 Parcel and the size of the Parcel are uneconomic remnants; 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 the Titones; and

WHEREAS, An Option to Purchase Agreement between the City of Brentwood and Titones for the sale of the Parcel has been drafted and has been reviewed by the City Attorney for the transfer of the Parcel; and

WHEREAS, a portion of real property identified as APN 019-110-016 is needed for the extension of Shady Willow Lane; and

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 with Joseph Titone and Ann Titone and to execute any related escrow documents, including executing a Grant Deed to convey City owned property identified as a portion of APN 019-110-048 acquired for the extension of Shady Willow Lane generally located between Sand Creek and the new Sand Creek Road from the City of Brentwood to Joseph Titone and Ann Titone described in said option to purchase agreement after the eminent domain action, City of Brentwood v. Andrade, et al, has been dismissed or resolved and also including acceptance of the Grant Deed from Joseph Titone and Ann Titone.

BE IT FURTHER RESOLVED that the City of Brentwood hereby accepts the Grant Deed from Joseph Titone and Ann Titone.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22nd day of July 2003, by the following vote:
 

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