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CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: July 13, 2004

Subject/Title: Approve a Resolution approving the Purchase Agreement with GNG, LLC, for the Shady Willow Lane Extension – Phase l, CIP Project No. 336-3143.

Prepared by: Engineering: M. Sullivan

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution approving an agreement for purchase of a fee parcel with GNG, LLC, a California Limited Liability Company, for real property identified as a portion of APN 019-040-047, generally located at the southeast corner of Shady Willow Lane and Lone Tree Way in the City of Brentwood; 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 March 10, 2003, by Resolution No. 03-10, Planning Commission approved Design Review No. 02-11 for the design of a 178-unit apartment complex and community building; item no. 12 of the Conditions of Approval required the developer to improve Shady Willow Lane.

On May 27, 2003, by Resolution No. 2868, City Council adopted the City’s 2003/04 – 2007/08 Capital Improvement Program that included the Shady Willow Lane Extension – Phase l, CIP Project No. 336-3143.

On October 14, 2003, by Resolution No. 3003, City Council certified the Environmental Impact Report of Shady Willow Lane and Amber Lane.

On April 13, 2004, by Resolution No. 2004-74, City Council approved a contract with Pacific Gas and Electric for the undergrounding of the existing 21kV overhead distribution power line on Shady Willow Lane along the Golden Hills Church frontage.

On May 18, 2004, Planning Commission approved the Negative Declaration and determined that the 2004/05 – 2008/09 Capital Improvement Program was consistent with the adopted Brentwood General Plan.

On May 25, 2004, by Resolution No. 2004-113, City Council adopted the City’s 2004/05 – 2008/09 Capital Improvement Program that included the Shady Willow Lane Extension – Phase l, CIP Project No. 336-3143.

BACKGROUND
Shady Willow Lane is one of the major north south corridors connecting commercial centers on Lone Tree Way and Sand Creek Road in the Northwest Quadrant of Brentwood. Phase l of this project from Lone Tree Way to Grant Street will extend and widen 2,800 linear feet of Shady Willow Lane to an arterial street, with an approximate right-of-way of 125 feet wide. The acquisition of this right-of-way now allows for the ultimate improvements to be completed at the intersection of Shady Willow Lane and Lone Tree Way. The ultimate improvements consist of curb, gutter, sidewalk, bike lanes, landscaping and two lanes in each direction. This project will include construction of a 16-inch water line and a 10-inch sanitary sewer line. Different developments will be constructing their portions of Shady Willow Lane this summer to complete the missing links between Lone Tree Way and Sand Creek Road. This project is necessary to improve traffic circulation and alleviate traffic congestion on Fairview Avenue in the Northwest Quadrant. Completion of Shady Willow Lane will provide the necessary infrastructure to develop the mixed-use business park zoned areas between the Hwy 4 Bypass and Shady Willow Lane.

The acquisition of a portion of the GNG, LLC property is necessary to complete these infrastructure improvements to Shady Willow Lane and for the developer of the Arbor Ridge Apartments to comply with their Conditions of Approval.

FISCAL IMPACT
The acquisition costs have been budgeted through the Shady Willow Lane Extension – Phase l, CIP Project No. 336-3143 being funded by developers and established roadway facility fees. The future annual operating/maintenance cost has been estimated at $16,480.

Attachments
Resolution
Site Map/CIP 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 GNG, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY FOR REAL PROPERTY IDENTIFIED AS A PORTION OF APN 019-040-047, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SHADY WILLOW LANE AND LONE TREE WAY IN THE CITY OF BRENTWOOD; 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.

WHEREAS, on March 10, 2003, by Resolution No. 03-10, Planning Commission approved Design Review No. 02-11 for the design of a 178-unit apartment complex and community building; Item No. 12 of the Conditions of Approval required the developer to improve Shady Willow Lane; 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 Shady Willow Lane Extension – Phase l, CIP Project No. 336-3143; and

WHEREAS, on October 14, 2003, by Resolution No. 3003, City Council certified the Environmental Impact Report of Shady Willow Lane and Amber Lane; and

WHEREAS, on April 13, 2004, by Resolution No. 2004-74, City Council approved a contract with Pacific Gas and Electric for the undergrounding of the existing 21kV overhead distribution power line on Shady Willow Lane along the Golden Hills Church frontage; and

WHEREAS, on May 18, 2004, Planning Commission approved the Negative Declaration and determined that the 2004/05 – 2008/09 Capital Improvement Program was consistent with the adopted Brentwood General Plan; and

WHEREAS, on May 25, 2004, by Resolution No. 2004-113, City Council adopted the City’s 2004/05 – 2008/09 Capital Improvement Program that included the Shady Willow Lane Extension – Phase l, CIP Project No. 336-3143; and

WHEREAS, real property identified as a portion of APN 019-040-047, generally located at the southeast corner of Shady Willow Lane and Lone Tree Way in the City of Brentwood, is needed for the Shady Willow Lane Extension – Phase l, CIP Project No. 336-3143; 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 such other documents as my be needed to complete the transaction including acceptance of the 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 13th day of July 2004 by the following vote:
 

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