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CITY COUNCIL AGENDA ITEM NO. 22

Meeting Date: December 14, 2004
Subject/Title: Approve a Resolution accepting Grant of Easements for drainage purposes and Spyglass Drive, accepting Grant Deed for a wetland area and conveying Grant of Easements for drainage, 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 Grant of Easements from Contra Costa County Flood Control District for storm drainage easements and Spy Glass Drive in Subdivision No. 8310, (2) accepting a Quitclaim Deed from Contra Costa County Flood Control District for a previous flowage easement in Subdivision No. 8310, (3) accepting a Grant Deed for a wetland area in Subdivision No. 8310, generally located west of Concord Avenue and south of Balfour Road, hereby accepting all or the above 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 Easements, and such other documents as may be needed to complete the transaction; (4) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute Grant of Easements to Contra Costa County Flood Control in Subdivision No. 8310, hereby conveying a portion of real property for replacement of flowage easements and to provide County access for maintenance of their facilities and such other documents as may be needed to complete the transaction.

PREVIOUS ACTION
On January 19, 1993, by Resolution No. 93-2, Planning Commission approved Vesting Tentative Subdivision Map No. 7690 by A.G. Spanos Construction Company, Inc., for the development of up to 1,031 residential units and an 18-hole golf course (Brentwood Hills Country Club Project), with conditions.

On April 7, 1998, by Amended Resolution No. 93-2, Planning Commission approved a 1-year extension of Vesting Tentative Subdivision Map No. 7690 by A.G. Spanos Construction Company, Inc., for the development of up to 1,031 residential units and an 18-hole golf course (Brentwood Hills Country Club Project), with amended conditions.

On January 12, 1999, by Resolution No. 99-18, City Council approved Final Map of Subdivision No. 7690, Deer Creek Country Club, accepting the offers of dedication shown thereon subject to acceptance of improvements, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same.

On October 10, 2000, by Resolution No. 2170, City Council approved the Final Map of Subdivision No. 8310, Deer Ridge Village Lots being a Subdivision of the Remainder, Common Area “E”, Mountain View Drive, and Ranchwood Drive, as shown on that certain Final Map entitled “Subdivision No. 7690 Deer Creek Country Club” (SunCal), located south of Balfour Road and west of Concord Avenue, accepting the offers of Dedication shown thereon subject to acceptance of improvements, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same.
BACKGROUND
The Conditions of Approval for Subdivision No. 7690, which applied to Subdivision No. 8310 required the Developer to mitigate increased run-off volume created by the development by increasing the capacity of the Dry Creek Reservoir or provide other mitigation measures to the satisfaction of Contra Costa County Flood Control and the City. The Developer was required to design a drainage master plan for the project so that the increased volume and peak flow rates would not adversely affect the downstream flood control facilities. The Developer was also required to improve Deer Creek to adequately collect and convey the 100-year event and the 50-year event with sufficient freeboard to the approval of Contra Costa County Flood Control District. All work performed that included possible modification or relocation of emergency spillways to Dry Creek and/or Deer Creek and to the channels themselves required approval by all appropriate agencies.

Now that pending issues between the Developer and Contra Costa County Flood Control on the drainage work described above is currently being resolved, Contra Costa County Flood Control has prepared a Quitclaim Deed relinquishing the current flowage easement on City owned property and has prepared two new Grant of Easement documents giving the necessary flowage and storage run-off waters, appropriate access and maintenance rights to each other respectively, in accordance with the approved drainage work done for Subdivision No. 8310.

The final map included a street designated as “Spyglass Drive”. A section of this road has not been completed as it crosses Contra Costa County Flood Control property. The completion of this road is vital for circulation purposes and to expedite emergency services response time. Contra Costa County Flood Control has prepared two Grant of Easement documents to the City that will allow for the missing section of this road to be completed.

The final map included an area designated as “Wetlands”. This area is being developed to comply with mitigation requirements for the Sand Creek Road, CIP Project No. 336-3061 and future projects throughout the City. Therefore, Contra Costa County Flood Control has agreed to Deed to the City, land that will be included in the wetland area in Subdivision No. 8310.

FISCAL IMPACT
Flowage Easements - None
Wetlands - None

Attachments:
Resolution
Site Map
Grant of Easement from Contra Costa County Flood Control
Quitclaim Deed from Contra Costa County Flood Control
Grant Deed 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 GRANT OF EASEMENTS FROM CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT FOR STORM DRAINAGE EASEMENTS AND SPY GLASS DRIVE IN SUBDIVISION NO. 8310, (2) ACCEPTING A QUITCLAIM DEED FROM CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT FOR A PREVIOUS FLOWAGE EASEMENT IN SUBDIVISION NO. 8310, (3) ACCEPTING A GRANT DEED FOR A WETLAND AREA IN SUBDIVISION NO. 8310, GENERALLY LOCATED WEST OF CONCORD AVENUE AND SOUTH OF BALFOUR ROAD, HEREBY ACCEPTING ALL OR THE ABOVE 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 EASEMENTS, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION; (4) AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE GRANT OF EASEMENTS TO CONTRA COSTA COUNTY FLOOD CONTROL IN SUBDIVISION NO. 8310, HEREBY CONVEYING A PORTION OF REAL PROPERTY FOR REPLACEMENT OF FLOWAGE EASEMENTS AND TO PROVIDE COUNTY ACCESS FOR MAINTENANCE OF THEIR FACILITIES AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION.

WHEREAS, on January 19, 1993, by Resolution No. 93-2, Planning Commission approved Vesting Tentative Subdivision Map No. 7690 by A.G. Spanos Construction Company, Inc., for the development of up to 1,031 residential units and an 18-hole golf course (Brentwood Hills Country Club Project), with conditions; and

WHEREAS, on April 7, 1998, by Amended Resolution No. 93-2, Planning Commission approved a 1-year extension of Vesting Tentative Subdivision Map No. 7690 by A.G. Spanos Construction Company, Inc., for the development of up to 1,031 residential units and an 18-hole golf course (Brentwood Hills Country Club Project), with amended conditions; and

WHEREAS, on January 12, 1999, by Resolution No. 99-18, City Council approved Final Map of Subdivision No. 7690 Deer Creek Country Club, accepting the offers of dedication shown thereon subject to acceptance of improvements, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same; and

WHEREAS, on October 10, 2000, by Resolution No. 2170, City Council approved the Final Map of Subdivision No. 8310 Deer Ridge Village Lots being a Subdivision of the Remainder, Common Area “E”, Mountain View Drive, and Ranchwood Drive, as shown on that certain Final Map entitled “Subdivision No. 7690 Deer Creek Country Club” (SunCal), located south of Balfour Road and west of Concord Avenue, accepting the offers of Dedication shown thereon subject to acceptance of improvements, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same; and

WHEREAS, real property generally located west of Concord Avenue and south of Balfour Road in the City of Brentwood, is needed for flood control purposes, constructing a portion of Spyglass Drive and for the wetlands in Subdivision No. 8310; and

WHEREAS, Grant of Easements, a Quitclaim Deed and a Grant Deed 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 Grant of Easements from Contra Costa County Flood Control District for storm drainage easements and Spy Glass Drive in Subdivision No. 8310, (2) accepting a Quitclaim Deed from Contra Costa County Flood Control District for a previous flowage easement in Subdivision No. 8310, (3) accepting a Grant Deed for a wetland area in Subdivision No. 8310, generally located west of Concord Avenue and south of Balfour Road, hereby accepting all or the above 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 Easements, and such other documents as may be needed to complete the transaction; (4) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute Grant of Easements to Contra Costa County Flood Control in Subdivision No. 8310, hereby conveying a portion of real property for replacement of flowage easements and to provide County access for maintenance of their facilities 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 Easements, Quitclaim Deed and Grant Deed.

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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