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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: April 27, 2004

Subject/Title: Approve a Resolution authorizing the execution of a Grant Deed for Brentwood Boulevard Right-of-Way to Caltrans.

Prepared by: Engineering: D. Galey

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution authorizing the Mayor and City Clerk or their designees to execute a Grant Deed and any other necessary documents to the State of California Department of Transportation for Brentwood Boulevard right-of-way, as shown on those certain Final Maps entitled “Subdivision No. 8633”, filed in Book 460 of Maps, Page 12, and “Subdivision No. 7798”, filed in Book 382 of Maps, Page 48, and also shown on that certain document number 95-194556, recorded November 8, 1995, in the Office of the County Recorder of Contra Costa County and hereby conveying whatever interest the City may have in those portions of said Brentwood Boulevard to the State of California.

PREVIOUS ACTION
On September 26, 1995, by Resolution No. 95-198, City Council approved the Final Map of Subdivision No. 7798, and rejected the offers of public dedication.

On March 24, 1998, by Resolution No. 98-49, City Council accepted the offers of dedication for street rights-of-way and accepted public improvements for maintenance of Subdivision No. 7798.

On December 9, 2003, City Council was notified of the City Manager’s approval of Subdivision No. 8633 and acceptance of offers of public dedication shown on the Final Map.

On October 10, 1995, by Resolution 95-216, City Council accepted a Grant Deed from Brentwood Union School District for Brentwood Boulevard right-of-way.

On August 27, 1991, by Resolution 91-108, City Council approved an Agreement for Maintenance of State Highways between the City and Caltrans, of which Amendment No. 1 was approved July 8, 1997 by Resolution No. 97-157 and Amendment No. 2 was approved February 8, 1997, by Resolution No. 99-49.

BACKGROUND
Portions of Brentwood Boulevard right-of-way, located near the Balfour Road intersection, were dedicated to the City of Brentwood for public use, and improved by Signature Properties as part of Subdivision No.’s 7798 and 8633. Additional right-of-way near the north east corner of Brentwood Boulevard and Balfour Road was previously dedicated to the City by the Brentwood Union School District for intersection improvements that have been constructed by Signature Properties.

Through an existing agreement between Caltrans and the City of Brentwood, Caltrans performs maintenance on Brentwood Boulevard, as the road is part of State Highway 4. At this time, it is necessary to transfer the additional right-of-way dedicated to the City by Signature Properties and the Brentwood Union School District to Caltrans, to be included as right-of-way of State Highway 4, and therefore be maintained by Caltrans under the existing agreement.

FISCAL IMPACT
Caltrans will be responsible for routine roadway maintenance. Landscape and street light maintenance for the parkway areas along Brentwood Boulevard will be the City’s responsibility as outlined in the Caltrans - City of Brentwood maintenance agreement, and are included within the Landscaping and Lighting District for the property.

Attachments:
Resolution
Grant Deed
Site Map
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE MAYOR AND CITY CLERK OR THEIR DESIGNEES TO EXECUTE A GRANT DEED AND ANY OTHER DOCUMENTS NECESSARY TO CONVEY CITY INTEREST IN THE OFFER OF DEDICATION OF BRENTWOOD BOULEVARD RIGHT-OF-WAY AS SHOWN ON THOSE CERTAIN FINAL MAPS ENTITLED “SUBDIVISION NO. 8633”, FILED IN BOOK 460 OF MAPS, PAGE 12, AND “SUBDIVISION NO. 7798”, FILED IN BOOK 382 OF MAPS, PAGE 48, AND ALSO SHOWN ON THAT CERTAIN DOCUMENT NO. 95-194556, RECORDED NOVEMBER 8, 1995 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY AND HEREBY CONVEYING WHATEVER INTEREST THE CITY MAY HAVE IN THOSE PORTIONS OF SAID BRENTWOOD BOULEVARD TO THE STATE OF CALIFORNIA.

WHEREAS, an offer of dedication for Brentwood Boulevard, as shown on that certain Final Map entitled “Subdivision No. 8633”, filed in Book 460 of Maps, at Page 12, Contra Costa County, was accepted by the City of Brentwood; and

WHEREAS, an offer of dedication for Brentwood Boulevard, as shown on that certain Final Map entitled “Subdivision No. 7798”, filed in Book 382 of Maps, at Page 48, Contra Costa County, was accepted by the City of Brentwood; and

WHEREAS, an offer of dedication for Brentwood Boulevard, as shown on that certain document number 95-194556, recorded November 8, 1995, Contra Costa County, was accepted by the City of Brentwood; and

WHEREAS, Brentwood Boulevard is part of State Highway 4; and

WHEREAS, The State of California Department of Transportation has the maintenance responsibility for the State Highway System; and

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that said Brentwood Boulevard right-of-way is hereby deeded to the State of California.

BE IT FURTHER RESOLVED that the City Council authorize the Mayor and City Clerk or their designees to execute a Grant Deed and any other documents necessary to convey City interest in the offer of dedication of Brentwood Boulevard right-of-way to the State of California.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 27th day of April 2004 by the following vote:
 

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