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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: September 28, 2004

Subject/Title: Approve a Resolution approving an Agreement for Sale of City owned property to Thomas and Debbie Clymens.

Prepared by: Engineering: M. Sullivan

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution approving an agreement for sale of City owned property with Thomas Clymens and Debbie Clymens for real property described as a portion of Parcel C shown on Parcel Map of Subdivision MS 9-77 filed June 28, 1979 in Book 78 of Maps at Page 22 of Contra Costa Records, which are remnants acquired as part of the right-of-way acquisition for the realigned Fairview Avenue, related to the Lone Tree Way Widening – Segments 1 and 2 (previously known as the Northwest Quadrant Infrastructure project), CIP Project No. 336-3127, both remnants generally located on the east side of the realigned Fairview Avenue and west of Fairview Court (previous Fairview Avenue alignment); hereby conveying 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 for Sale, and such other documents as may be needed to complete the transaction including execution of a Quitclaim Deed.

PREVIOUS ACTION
On October 23, 2001, by Resolution No. 2392, City Council certified the general Fairview Avenue/Lone Tree Way realignment Environmental Impact Report (EIR) and adopted the general realignment of Fairview Avenue related to the Northwest Quadrant Infrastructure (now known as Lone Tree Way Widening – Segments 1 and 2), CIP Project No. 336-3127.

BACKGROUND
The realignment of Fairview Avenue required the City to acquire right-of-way from the Siino property located south of Lone Tree Way and west of the old alignment of Fairview Avenue. The right-of-way required to construct Fairview Avenue caused portions of the Siino property to be cut-off from the remainder parcel. Although these remnants were not needed for the realigned Fairview Avenue project, the City was obligated to purchase these two remnants. Due to the size of these two remnants described in the Agreement for Sale, these properties cannot be developed on their own. Furthermore, the location of these two remnants behind the sound wall along the new realigned Fairview Avenue would cause the City to incur unnecessary maintenance costs since the City does not need these properties for any future public improvements.

Mr. and Mrs. Clymens contacted City staff regarding disposition of these remnants and offered to purchase them for the amount disclosed in the attached Sales Agreement. Since one of the remnants could just as easily be incorporated into an adjacent parcel, the City contacted the other property owner to inquire if they had any interest in purchasing one of the remnants. Since there was no desire by the other property owner to purchase the remnants, the logical disposition is to incorporate them into the Clymens’ property.

Staff recommends that the City accept Mr. & Mrs. Clymens offer to purchase the two remnants and that the transfer of title take place by execution of a Quitclaim Deed.

FISCAL IMPACT
None.

Attachments:
Resolution
Site Map
Agreement for Sale

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AGREEMENT FOR SALE OF CITY OWNED PROPERTY WITH THOMAS CLYMENS AND DEBBIE CLYMENS FOR REAL PROPERTY DESCRIBED AS A PORTION OF PARCEL C SHOWN ON PARCEL MAP OF SUBDIVISION MS 9-77 FILED JUNE 28, 1979 IN BOOK 78 OF MAPS AT PAGE 22 OF CONTRA COSTA RECORDS, WHICH ARE REMNANTS ACQUIRED AS PART OF THE RIGHT-OF-WAY ACQUISITION FOR THE REALIGNED FAIRVIEW AVENUE, RELATED TO THE LONE TREE WAY WIDENING – SEGMENTS 1 AND 2 (PREVIOUSLY KNOWN AS THE NORTHWEST QUADRANT INFRASTRUCTURE PROJECT), CIP PROJECT NO. 336-3127, BOTH REMNANTS GENERALLY LOCATED ON THE EAST SIDE OF THE REALIGNED FAIRVIEW AVENUE AND WEST OF FAIRVIEW COURT (PREVIOUS FAIRVIEW AVENUE ALIGNMENT); HEREBY CONVEYING 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 FOR SALE, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION INCLUDING EXECUTION OF A QUITCLAIM DEED.

WHEREAS, on October 23, 2001, by Resolution No. 2392, City Council certified the general Fairview Avenue/Lone Tree Way realignment Environmental Impact Report (EIR) and adopted the general realignment of Fairview Avenue related to the Northwest Quadrant Infrastructure (now known as Lone Tree Way Widening – Segments 1 and 2), CIP Project No. 336-3127; and

WHEREAS, staff has determined that the remnants purchased as part of the right-of-way acquisition for the realigned Fairview Avenue project are not necessary for any future public improvements; and

WHEREAS, an Agreement for Sale between Thomas Clymens and Debbie Clymens and the City of Brentwood has been developed and is necessary to transfer property.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood, to approve the Agreement for Sale of City owned property with Thomas Clymens and Debbie Clymens for real property described as a portion of Parcel C shown on Parcel Map of Subdivision MS 9-77 filed June 28, 1979 in Book 78 of Maps at Page 22 of Contra Costa Records, which are remnants acquired as part of the right-of-way acquisition for the realigned Fairview Avenue, related to the Lone Tree Way Widening – Segments 1 and 2 (previously known as the Northwest Quadrant Infrastructure project), CIP Project No. 336-3127, both remnants generally located on the east side of the realigned Fairview Avenue and west of Fairview Court (previous Fairview Avenue alignment); hereby conveying 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 for Sale, and such other documents as may be needed to complete the transaction including execution of a Quitclaim Deed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of September 2004 by the following vote:
 

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