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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: April 12, 2005
Subject/Title: Adopt a Resolution approving the Purchase Agreement of a fee parcel with East Contra Costa Irrigation District, generally located on the east side of Empire Avenue north of Lone Tree Way between Lone Tree Way and Neroly Road, for the Empire Avenue Extension North – Phase l, CIP Project No. 336-3151.

Prepared by: Engineering: M. Sullivan

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution approving an agreement for purchase of a fee parcel with East Contra Costa Irrigation District, an Irrigation District, successor to Lone Tree Irrigation District for a portion of real property, generally located on the east side of Empire Avenue north of Lone Tree Way between Lone Tree Way and Neroly Road, 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 May 18, 2004, by Resolution No. 04-31, 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 2004/05 – 2008/09 Capital Improvement Program that included the Empire Avenue Extension North – Phase l, CIP Project No. 336-3151.

BACKGROUND
The infrastructure improvements of Empire Avenue north of Lone Tree Way will consist of partially constructing an arterial street with a 24-inch storm drain line for 3,550 linear feet. This project will cover the west half of the street (southbound), median and one 12-foot lane on the east side and will relocate the existing power poles to facilitate this work. These improvements are necessary to support commercial and residential development of the area. The Developer in the City of Antioch will construct the above improvements. The City of Brentwood will reimburse costs for installation and construction of a northbound lane and the costs of half of the construction of the center median, including landscaping.

The acquisition of a portion of East Contra Costa Irrigation District property is required to construct the project as outline above and allow public utilities to be moved to facilitate their improvements.

When the properties on the east side of Empire Avenue develop, that developer will be responsible for undergrounding the overhead utilities and completing the roadway improvements.
FISCAL IMPACT
The acquisition costs have been budgeted through the Empire Avenue Extension North – Phase l, CIP Project No. 336-3151. The future annual Operating/Maintenance Cost has been estimated at $14,000 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 EAST CONTRA COSTA IRRIGATION DISTRICT, AN IRRIGATION DISTRICT, SUCCESSOR TO LONE TREE IRRIGATION DISTRICT FOR A PORTION OF REAL PROPERTY, GENERALLY LOCATED ON THE EAST SIDE OF EMPIRE AVENUE NORTH OF LONE TREE WAY BETWEEN LONE TREE WAY AND NEROLY ROAD, 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 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 Empire Avenue Extension North – Phase l, CIP Project No. 336-3151; and

WHEREAS, real property generally located on the east side of Empire Avenue north of Lone Tree Way between Lone Tree Way and Neroly Road, is needed for the Empire Avenue Extension North – Phase l, CIP Project No. 336-3151; 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 any related escrow documents including acceptance of the Grant 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 12th day of April 2005 by the following vote: 

 

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