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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: March 23, 2004

Subject/Title: Approve the Purchase Agreement with the Nesta and Rios families for the Empire Avenue Extension – South l Project.

Prepared by: Engineering: M. Sullivan

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution approving an agreement for purchase of a fee parcel with Filomeno Nesta Sr. and Carlota Nesta, husband and wife and Ernesto Rios and Laura A. Rios, husband and wife, as joint tenants, for real property identified as APN 019-040-012, generally located on the west side of Empire Avenue south of Lone Tree Way, 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 Deed.

PREVIOUS ACTION
On January 15, 2002, by Resolution No. 02-03, the Planning Commission approved Tentative Subdivision Map No. 8470 (Mission Peak), Item No. 29 of the Conditions of Approval required the developer to improve Empire Avenue.

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.

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 Empire Avenue Extension – South l Project.

On May 6, 2003, by Resolution No. 03-31, the Planning Commission confirmed that the proposed 2003/04 – 2007/08 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.

On May 27, 2003, by Resolution No. 2868, the City Council adopted the City’s 2003/04 – 2007/08 Capital Improvement Program that included the Empire Avenue Extension – South l Project.

BACKGROUND
Empire Avenue is one of the major arterial streets in the northwest quadrant of Brentwood. Construction of this project will provide not only necessary infrastructure and access to the Empire School site, but will also support the commercial and residential development of this area.

Empire Avenue Extension – South l Project commences at Lone Tree Way and runs a distance of approximately 2,600 feet in length, to the future extension of Grant Street. However, the portion that will be constructed at this time by the developer of Subdivision No. 8470 (Mission Peak) will be from Lone Tree Way to approximately 150-feet north of Grant Street. The ultimate roadway improvements will consist of 114-foot right-of-way, consisting of two lanes, bike lane, median and sidewalk and landscape parkway on both sides of the roadway.

The original plan did not call for ultimate improvements to be constructed at this time. After several meetings between the residents along the west side of Empire Avenue and the City, it was mutually agreed that ultimate improvements be constructed at this time and not wait for future development to complete the project. In order to accomplish this goal the City needs to acquire an additional ten (10) foot of right-of-way to install public utilities to the future school site and for the construction of a sound wall in front of the residents’ homes. Also, the Brentwood School District has moved their timetable forward for the opening of the school at the corner of Empire Avenue and Amber Lane, with a planned opening in 2005, which requires public utilities to be brought to the site now. These improvements are under construction and this roadway will be open for public use prior to the school opening.

FISCAL IMPACT
The developer, roadway fees and an assessment district will fund this project. The annual operating and maintenance costs for roadway and utility maintenance work are estimated at $15,800. The maintenance cost for roadway will be funded by the General Fund, Measure “C” and the gas tax. Utility maintenance costs will be borne by respective enterprise funds.

Attachments:
Resolution
Agreement
Site Map
Project Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AGREEMENT FOR PURCHASE OF A FEE PARCEL WITH FILOMENO NESTA SR. AND CARLOTA NESTA, HUSBAND AND WIFE AND ERNESTO RIOS AND LAURA A. RIOS, HUSBAND AND WIFE, AS JOINT TENANTS, FOR REAL PROPERTY IDENTIFIED AS APN 019-040-012, GENERALLY LOCATED ON THE WEST SIDE OF EMPIRE AVENUE SOUTH OF LONE TREE WAY, 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 MY BE NEEDED TO COMPLETE THE TRANSACTION INCLUDING ACCEPTANCE OF THE DEED.

WHEREAS, on January 15, 2002, by Resolution No. 02-03, the Planning Commission approved Tentative Subdivision Map No. 8470 (Mission Peak), Item No. 29 of the Conditions of Approval required the developer to improve Empire Avenue; 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 the Empire Avenue Extension – South l Project; and

WHEREAS, on May 6, 2003, by Resolution No. 03-31, the Planning Commission confirmed that the proposed 2003/04 – 2007/08 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 27, 2003, by Resolution No. 2868, the City Council adopted the City’s 2003/04 – 2007/08 Capital Improvement Program that included the Empire Avenue Extension – South l Project; and

WHEREAS, a portion of real property identified as APN 019-040-012, generally located on the west side of Empire Avenue south of Lone Tree Way in the City of Brentwood, is needed for the Empire Avenue Extension – South l 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, that the Mayor or the 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 Deed.

BE IT FURTHER RESOLVED, that the City of Brentwood hereby accepts the real property described in the Grant Deed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 23rd day of March 2004 by the following vote:
 

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