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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: June 8, 2004
Subject/Title: Approve the Purchase Agreement with Mattie, Jo Diane and James Perez for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134.

Prepared by: Engineering: Marie Sullivan

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution approving an agreement for purchase of a fee parcel with Mattie Perez, also known as Mattie Hipps, and Jo Diane Perez, and James V. Perez, as Joint Tenants, as to Parcel One and James V. Perez and Mattie Perez as to Parcel Two for real property identified as APN 018-080-020 and approving an agreement for purchase of a fee parcel with Mattie Lou Perez for real property identified as APN 018-080-019, including the payment of all Relocation Entitlements pursuant to State and Federal Laws (ie: housing differential, moving expenses, incidental expenses) and the related incidental costs to close the escrow on the above said parcels, generally located on the south side of Lone Tree Way between Fairview Avenue and O’Hara Avenue, 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 agreements, and such other documents as may be needed to complete the transactions including acceptance of the Deeds.

PREVIOUS ACTION
On May 7, 2002, Planning Commission approved the Negative Declaration and determined that the 2002/07 Capital Improvement Program was consistent with the adopted Brentwood General Plan.

On May 28, 2002, City Council adopted the 2002/07 Capital Improvement Program that included the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134.

On December 10, 2002, City Council authorized staff to execute a Professional Service Agreement with Raney Planning & Management, Inc. (RPM) to prepare the Environmental Impact Report for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134.

On May 6, 2003, by Resolution No. 03-31, 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, City Council adopted the City’s 2003/04 – 2007/08 Capital Improvement Program that included the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134.

On October 14, 2003, City Council authorized staff to execute a Professional Services Agreement with Mark Thomas & Company, Inc., for pre-design reports and exhibits, right-of-way surveys, ongoing coordination with the Railroad and access alternatives for adjacent property owners for the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-3134.

BACKGROUND
The Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-3134, will construct an underpass consisting of six travel lanes under the Union Pacific Railroad. This project will improve traffic flow, accommodate the widening to the west and anticipated to the east, as well as fulfill the City’s requirement by the Public Utilities Commission for the allowance of an at-grade crossing of the same rail line at Sand Creek Road.

The acquisition of the Perez property is just one of the acquisitions required to construct the above project.

FISCAL IMPACT
The acquisition costs have been budgeted through the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-3134. The future annual Operating/Maintenance Cost has been estimated at $3,500 a year.

Attachments:
Resolution
Site Map/Project Map
Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AGREEMENT FOR PURCHASE OF A FEE PARCEL WITH MATTIE PEREZ, ALSO KNOWN AS MATTIE HIPPS, AND JO DIANE PEREZ, AND JAMES V. PEREZ, AS JOINT TENANTS, AS TO PARCEL ONE AND JAMES V. PEREZ AND MATTIE PEREZ AS TO PARCEL TWO FOR REAL PROPERTY IDENTIFIED AS APN 018-080-020 AND APPROVING AN AGREEMENT FOR PURCHASE OF A FEE PARCEL WITH MATTIE LOU PEREZ FOR REAL PROPERTY IDENTIFIED AS APN 018-080-019, INCLUDING THE PAYMENT OF ALL RELOCATION ENTITLEMENTS PURSUANT TO STATE AND FEDERAL LAWS (IE: HOUSING DIFFERENTIAL, MOVING EXPENSES, INCIDENTAL EXPENSES) AND THE RELATED INCIDENTAL COSTS TO CLOSE THE ESCROW ON THE ABOVE SAID PARCELS, GENERALLY LOCATED ON THE SOUTH SIDE OF LONE TREE WAY BETWEEN FAIRVIEW AVENUE AND O’HARA AVENUE, 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 AGREEMENTS, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTIONS INCLUDING ACCEPTANCE OF THE DEEDS.

WHEREAS, on May 7, 2002, by Resolution No. 02-18, 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, City Council adopted the City’s 2002/03 – 2006/07 Capital Improvement Program that included the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-3134; and

WHEREAS, on December 10, 2002, City Council authorized staff to execute a Professional Service Agreement with Raney Planning & Management, Inc. (RPM) to prepare the Environmental Impact Report for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134; and

WHEREAS, on May 6, 2003, by Resolution No. 03-31, 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, City Council adopted the City’s 2003/04 – 2007/08 Capital Improvement Program that included the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134; and

WHEREAS, on October 14, 2003, City Council authorized staff to execute a Professional Services Agreement with Mark Thomas & Company, Inc., for pre-design reports and exhibits, right-of-way surveys ongoing coordination with the Railroad and access alternatives for adjacent property owners for the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-3134; and

WHEREAS, real property identified as APN 018-080-020 and APN 018-080-019, generally located on the south side of Lone Tree Way between Fairview Avenue and O’Hara Avenue in the City of Brentwood, is needed for the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-3134; and

WHEREAS, Purchase Agreements between the City of Brentwood and the vested property owners have 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 agreements including the payment of all Relocation Entitlements pursuant to State and Federal Laws (ie: housing differential, moving expenses, incidental expenses) and the related incidental costs to close escrow on the above said parcels, execution of any related escrow documents including acceptance of the Grant Deeds.

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

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 8th day of June 2004 by the following vote:
 

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