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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: May 24, 2005
Subject/Title: Adopt a Resolution approving the Purchase Agreement with East Contra Costa Irrigation District (ECCID) for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134.

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 (ECCID), an Irrigation District as successor in interest to the Lone Tree Irrigation District, for real property generally located on the south side of Lone Tree Way between Fairview Avenue and O’Hara Avenue adjacent to the railroad tracks, 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 25, 2004, by Resolution No. 2004-113, City Council adopted the City’s 2004/05 – 2008/09 Capital Improvement Program that included the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134.

On April 12, 2005, by Resolution No. 2005-75, City Council authorized the City Manager to execute a contract and related documents with Biggs Cardosa Associates, Inc. to provide design services for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134, in an amount of $1,315,000, plus a 10% contingency and amended the CIP Budget Sheet.

BACKGROUND
The Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-3134, will construct an underpass consisting of six travel lanes under the Union Pacific Railroad. This project will improve the emergency response by improving the traffic flow, accommodate the widening to the west and to the east, as well as fulfill the City’s requirement by the Public Utilities Commission for the allowance of an at-grade crossing of the same rail line at Sand Creek Road.

The actual right-of-way needed from the ECCID parcel was two separate acquisitions, one was a public utility easement and the other was a fee take for the widening of Lone Tree Way. Since this project is an undercrossing of the railroad tracks and the property is located adjacent to the railroad, access to the property will be eliminated. Pursuant to State and Federal laws the City is required to pay damages caused by the elimination of the access or purchase the entire parcel as a remnant. Due to the location of this property and the amount owed in damages it is to the City’s benefit to purchase the property in its entirety.

Acquisition of the ECCID property is essential to this project.

FISCAL IMPACT
The acquisition costs have been budgeted through the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-3134.

Attachments:
Resolution
Project Map/Site 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 AS SUCCESSOR IN INTEREST TO THE LONE TREE IRRIGATION DISTRICT, FOR REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF LONE TREE WAY BETWEEN FAIRVIEW AVENUE AND O’HARA AVENUE ADJACENT TO THE RAILROAD TRACKS, 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 December 10, 2002, City Council authorized staff to execute a Professional Services Agreement with Raney Planning & Management, Inc. (RPM) to prepare the Environmental Impact Report for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134; and

WHEREAS, on May 25, 2004, by Resolution No. 2004-113, City Council adopted the City’s 2004/05 – 2008/09 Capital Improvement Program that included the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134; and

WHEREAS, on April 12, 2005, by Resolution No. 2005-75, City Council authorized the City Manager to execute a contract and related documents with Biggs Cardosa Associates, Inc. to provide design services for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134, in an amount of $1,315,000, plus a 10% contingency and amended the CIP Budget Sheet; and

WHEREAS, real property generally located on the south side of Lone Tree Way between Fairview Avenue and O’Hara Avenue adjacent to the railroad tracks in the City of Brentwood, is needed for the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-3134; and

WHEREAS, purchase agreements between the City of Brentwood and the vested property owner have been developed and are 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 24th day of May 2005 by the following vote:
 

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