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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: May 24, 2005
Subject/Title: Adopt a Resolution approving the Purchase Agreement with Harvest Time Assembly of God, for the future John Muir Parkway (Concord Avenue Realignment).

Prepared by: Engineering: M. Sullivan

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution approving the following actions: (1) an agreement for purchase of a fee parcel with Harvest Time Assembly of God, a California Corporation, for a portion of real property identified as APN 010-010-024, generally located south of Ventura Drive and on the west side of Concord Avenue, 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; (2) authorize the Mayor or City Manager and City Clerk or any of their designees to execute a Grant Deed or Quitclaim Deed, and such other documents as may be needed to complete the transaction to hereby convey fee title to a portion of City owned property identified as a portion of Ventura Drive, reserving a roadway, emergency vehicle access and public utility easement over the entire parcel; and (3) authorize the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed, and such other documents as may be needed to complete the transaction to hereby convey only the roadway easement rights reserved in Action No. 2 above at such time as John Muir Parkway has been constructed and opened for traffic from Balfour Road to Foothill Drive.

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 John Muir Parkway (Concord Avenue Realignment), Developer Project.

On March 15, 2005, by Resolution No. 05-18, Planning Commission approved Tentative Parcel Map (Minor Subdivision No. 361-04) and the Conditions of Approval to subdivide approximately 13.1-acre parcel into four parcels for the property located at 500 Concord Avenue (APN 010-010-024).

BACKGROUND
The future John Muir Parkway (Concord Avenue Realignment) project will consist of the construction of 4,500 linear feet of roadway. John Muir Parkway will be a collector street from Eagle Rock Avenue southerly to Foothill Drive. The construction is necessary due to the future Highway 4 Bypass and the development of the area south of Balfour Road and west of the current Concord Avenue. John Muir Parkway will also replace the existing Concord Avenue, as it currently lies in the path of the third segment of the Highway 4 Bypass due to start construction in the very near future. The extension of the current John Muir Parkway/Concord Realignment will provide north/south traffic circulation and access to surrounding properties.

Now that the construction of the third segment of the Highway 4 Bypass will be taking place in the very near future and a portion of Ventura Drive will no longer be able to be used as a secondary access for the area due to the construction of the Bypass, it is imperative that the property exchange of the City owned property and John Muir Parkway take place at this time.

The City acquired the property for the existing Ventura Drive from Harvest Time Assembly of God on March 20, 2001, with the understanding that some time in the future a portion of Ventura Drive would be returned due to the realignment of Concord Avenue.

As part of the approval process for the Harvest Time Assembly of God property (Minor Subdivision No. 361-04), one of their conditions is to dedicate the right-of-way necessary for John Muir Parkway and a landscape easement.

FISCAL IMPACT
The acquisition costs have been budgeted through the John Muir Parkway (Concord Avenue Realignment), Developer Project. The project is incorporated into developer’s conditions of approval and will be funded by the developers and the Bypass Authority. A portion of the funding is based on a 10-year Development Reimbursement Agreement.

Attachments:
Resolution
Site Map/Project Map
Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING A RESOLUTION APPROVING THE FOLLOWING ACTIONS: (1) AN AGREEMENT FOR PURCHASE OF A FEE PARCEL WITH HARVEST TIME ASSEMBLY OF GOD, A CALIFORNIA CORPORATION, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 010-010-024, GENERALLY LOCATED SOUTH OF VENTURA DRIVE AND ON THE WEST SIDE OF CONCORD AVENUE, 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; (2) AUTHORIZE THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE A GRANT DEED OR QUITCLAIM DEED AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION TO CONVEY FEE TITLE TO A PORTION OF CITY OWNED PROPERTY IDENTIFIED AS A PORTION OF VENTURA DRIVE, RESERVING A ROADWAY, EMERGENCY VEHICLE ACCESS AND PUBLIC UTILITY EASEMENT OVER THE ENTIRE PARCEL; AND (3) AUTHORIZE THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE A QUITCLAIM DEED AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION TO CONVEY ONLY THE ROADWAY EASEMENT RIGHTS RESERVED IN ACTION NO. 2 ABOVE AT SUCH TIME AS JOHN MUIR PARKWAY HAS BEEN CONSTRUCTED AND OPENED FOR TRAFFIC FROM BALFOUR ROAD TO FOOTHILL DRIVE.

WHEREAS, 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; and

WHEREAS, on May 25, 2004, by Resolution No. 2004-113, City Council adopted the 2004/05 – 2008/09 Capital Improvement Program that included the John Muir Parkway (Concord Avenue Realignment), Developer Project; and

WHEREAS, on March 15, 2005, by Resolution No. 05-18, Planning Commission approved Tentative Parcel Map (Minor Subdivision No. 361-04) and the Conditions of Approval to subdivide approximately 13.1-acre parcel into four parcels for the property located at 500 Concord Avenue (APN 010-024); and

WHEREAS, real property generally located south of Ventura Drive and on the west side of Concord Boulevard in the City of Brentwood identified as APN 010-010-024, is needed for the John Muir Parkway (Concord Avenue Realignment), Developer Project; and

WHEREAS, a purchase agreement between the City of Brentwood and the vested property owner for a property exchange has been developed and is necessary to transfer property.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Brentwood approves the following actions: (1) an agreement for purchase of a fee parcel with Harvest Time Assembly of God, a California Corporation, for a portion of real property identified as APN 010-010-024, generally located south of Ventura Drive and on the west side of Concord Avenue, 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; (2) authorize the Mayor or City Manager and City Clerk or any of their designees to execute a Grant Deed or Quitclaim Deed and such other documents as may be needed to complete the transaction to hereby convey fee title to a portion of City owned property identified as a portion of Ventura Drive, reserving a roadway, emergency vehicle access and public utility easement over the entire parcel; and (3) authorize the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed and such other documents as may be needed to complete the transaction to hereby convey only the roadway easement rights reserved in Action No. 2 above at such time as John Muir Parkway has been constructed and opened for traffic from Balfour Road to Foothill Drive.

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 24th day of May 2005 by the following vote:
 

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