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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 14

Meeting Date: December 14, 2004
Subject/Title: Approve a Resolution accepting a Grant of Easement for the widening of Fairview Avenue over Deer Creek Channel and conveying a Grant of Easement for maintenance and access purposes with Contra Costa County Flood Control.

Prepared by: Engineering: M. Sullivan

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution approving the following actions: (1) accepting a Grant of Easement from Contra Costa County Flood Control District (CCCFCD) over Deer Creek Channel for a portion of real property for the widening of Fairview Avenue, generally located north of Summerwood Drive, 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 Grant of Easement, and such other documents as may be needed to complete the transaction; (2) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Grant of Easement to Contra Costa County Flood Control District (CCCFCD), hereby conveying a portion of real property for maintenance and access purposes and such other documents as may be needed to complete the transaction.

PREVIOUS ACTION
On April 19, 1988, by Resolution No. 88-9, Planning Commission approved Tentative Subdivision Map No. 6811 proposed by Garrow and Cardinale Construction Company to subdivide an approximately 19.5-acre parcel of land located at the southeasterly corner of Fairview Avenue and Deer Creek Channel into 78 single family lots, with conditions.

On January 27, 1998, by Resolution No. 98-18, City Council approved the Final Map of Subdivision No. 6811, Mission Peak Homes, accepting the offers of dedication shown thereon subject to acceptance of improvements, accepting the improvement security and approving the Subdivision Improvement Agreement.

On May 22, 2001, by Resolution No. 2295, City Council accepted the offers of dedication for all parcels and easements shown on the Final Map, accepting the public improvements for maintenance accepting the Subdivision Maintenance Bond, and releasing the Subdivision Performance and Payment Bonds for Subdivision No. 6811.

BACKGROUND
The Conditions of Approval for Subdivision No. 6811 required the Developer to dedicate the right-of-way necessary to widen and improve Fairview Avenue along their project frontage. In order to facilitate this widening, the Developer was required to dedicate additional right-of-way to CCCFCD and improve Deer Creek Channel to the approval of CCCFCD.

Due to Flood Control’s heavy workload, this project was assigned a low priority. The Developer and CCCFCD have been working out outstanding issues by identifying the work to be completed. Now that the work has been completed to the satisfaction of CCCFCD, the right-of-way transfer to CCCFCD has been completed by Mission Peak Homes. Since the transfer of the right-of-way has taken place between CCCFCD and the Developer, CCCFCD is ready to move forward with the final step that was tied to the completion of this project.

The final step consists of an easement exchange between the City of Brentwood and CCCFCD. Due to the age of this project, CCCFCD has now given the final step a high priority. The exchange provides for a Grant of Easement necessary to the City for roadway right-of-way (Fairview Avenue) containing 395 square meters for installing, constructing, reconstructing, removing, replacing, repairing, upgrading, maintaining, operating and using the roadway and a box culvert across Deer Creek Channel. The second part of the exchange is a Grant of Easement five-feet in width to CCCFCD that brings their access for the purposes of laying down, constructing, reconstructing, removing, replacing, repairing, maintaining, operating and using, as they may see fit, for flood control purposes and transmission of drainage water, pipelines, channels, culverts or ditches, and all necessary braces, connections, fences or other protective barriers or facilities up to their current standards.

FISCAL IMPACT
None.

Attachments:
Resolution
Site Map
Grant of Easement from Contra Costa County Flood Control
Grant of Easement to Contra Costa County Flood Control

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FOLLOWING ACTIONS: (1) ACCEPTING A GRANT OF EASEMENT FROM CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT OVER DEER CREEK CHANNEL FOR A PORTION OF REAL PROPERTY FOR THE WIDENING OF FAIRVIEW AVENUE, GENERALLY LOCATED NORTH OF SUMMERWOOD DRIVE, 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 GRANT OF EASEMENT, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION; (2) AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE A GRANT OF EASEMENT TO CONTRA COSTA COUNTY FLOOD CONTROL, HEREBY CONVEYING A PORTION OF REAL PROPERTY FOR MAINTENANCE AND ACCESS PURPOSES AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION.

WHEREAS, on April 19, 1988, by Resolution No. 88-9, Planning Commission approved Tentative Subdivision Map No. 6811 proposed by Garrow and Cardinale Construction Company to subdivide an approximately 19.5-acre parcel of land located at the southeasterly corner of Fairview Avenue and Deer Creek Channel into 78 single family lots, with conditions to widen and improve Fairview Avenue and improve Deer Creek Channel; and

WHEREAS, on January 27, 1998, by Resolution No. 98-18, City Council approved the Final Map of Subdivision No. 6811, Mission Peak Homes, accepting the offers of dedication shown thereon subject to acceptance of improvements, accepting the improvement security and approving the Subdivision Improvement Agreement; and

WHEREAS, on May 22, 2001, by Resolution No. 2295, City Council accepted the offers of dedication for all parcels and easements shown on the Final Map, accepting the public improvements for maintenance accepting the Subdivision Maintenance Bond, and releasing the Subdivision Performance and Payment Bonds for Subdivision No. 6811; and

WHEREAS, real property generally located north of Summerwood Drive in the City of Brentwood, is needed for the widening and improvement of Fairview Avenue and real property is needed for flood control purposes; and

WHEREAS, Grant of Easements between the City of Brentwood and Contra Costa County Flood Control have been developed and are necessary to transfer properties respectively.

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Brentwood that a Resolution approving the following actions: (1) accepting a Grant of Easement from Contra Costa County Flood Control District over Deer Creek Channel for a portion of real property for the widening of Fairview Avenue, generally located north of Summerwood Drive, 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 Grant of Easement, and such other documents as may be needed to complete the transaction; (2) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Grant of Easement to Contra Costa County Flood Control, hereby conveying a portion of real property for maintenance and access purposes and such other documents as may be needed to complete the transaction.

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

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of December 2004 by the following vote:
 

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