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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: January 24, 2006

Subject/Title: Adopt a Resolution authorizing the City Manager or her designee to accept a Grant Deed transferring ownership of real property located at 2010 Elkins Way and identified as APN 018-200-020 from Pottery World to the City of Brentwood and execute any other documents necessary to complete transfer.

Prepared by: Gina Rozenski, Redevelopment Manager

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Adopt a resolution authorizing the City Manager or her designee to accept a Grant Deed hereby transferring ownership of real property located at 2010 Elkins Way and identified as APN 018-200-020 from Pottery World to the City of Brentwood and execute any other documents necessary to complete the transfer.

PREVIOUS ACTION
On December 13, 2004, the City Council approved the authorization for the City Manager to take actions necessary to repurchase a 2.0-acre site from Pottery World at Sunset Industrial Complex following expiration of the building permit issuance deadline.

BACKGROUND
Mr. Jim Rodda, owner of Pottery World, is agreeable to this repurchase transaction. A Repurchase Agreement has been drafted and an escrow has been opened. As a housekeeping item, a resolution by the City Council is necessary to formalize the action by the Council to authorize the City Manager to accept real property on its behalf.

FISCAL IMPACT
There is no fiscal impact to the City by approving this resolution. The Brentwood Redevelopment Agency approved the funding of the repurchase at its meeting of December 13, 2005.

Attachment:
Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO ACCEPT A GRANT DEED HEREBY TRANSFERRING OWNERSHIP OF REAL PROPERTY GENERALLY IDENTIFIED AS APN 018-200-020 LOCATED AT 2010 ELKINS WAY FROM POTTERY WORLD TO THE CITY OF BRENTWOOD AND TO EXECUTE ANY OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSFER.

WHEREAS, on April 13, 2004, the City Council of the City of Brentwood approved the form of Purchase Agreement and City’s Option to Repurchase (“Purchase Agreement”) and Grant Deed for the first phase of sales at Sunset Industrial Complex, and authorized the City Manager to execute documents necessary to close the sale transactions; and

WHEREAS, on July 28, 2004, the escrow closed with Pottery World for 2.0 acres at Sunset Industrial Complex. The property is identified as 2010 Elkins Way, APN 018-200-020 (“Property”); and

WHEREAS, pursuant to Section 3 of the Purchase Agreement, City holds the option to repurchase the Property upon the occurrence or nonoccurrence of certain specified events within the time periods designated therefore; and

WHEREAS, Section 3.01 of the Purchase Agreement provides that the City may repurchase the Property, at its option, if Seller fails to obtain building permits for the proposed improvements on the Property within eighteen (18) months after the escrow closing date for the Property; and

WHEREAS, January 28, 2006, marks the expiration of the eighteen (18) months after the escrow closing date pursuant to the Purchase Agreement; and

WHEREAS, no building permits for the proposed improvements on the Property will be issued by January 28, 2006; and

WHEREAS, on December 13, 2005, the City Council authorized staff to exercise its option to repurchase the Property from Pottery World in accordance with the terms and conditions set forth in the Purchase Agreement and authorized the City Manager to draft and execute documents and grant deeds necessary for the repurchase transaction; and

WHEREAS, the owner of Pottery World is agreeable to the repurchase transaction; and

WHEREAS, a Grant Deed must be accepted and recorded to transfer ownership of the Property from Pottery World to the City of Brentwood.

NOW, THEREFORE BE IT RESOLVED that the City of Brentwood authorizes the City Manager or her designee to accept a Grant Deed hereby transferring real property generally identified as APN 018-200-020 located at 2010 Elkins Way, from Pottery World to the City of Brentwood and to execute any other documents as may be needed to complete the transfer.

PASSED, APPROVED AND ADOPTED by the City of Brentwood at a regular meeting held on the 24th day of January, 2006 by the following vote:
 

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