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CITY COUNCIL AGENDA ITEM NO. 6

Meeting Date: March 28, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or her designee to execute a Vacant Land Purchase Agreement and Joint Escrow Instructions, Grant Deed and such other documents as may be needed for the sale of City owned property to Siamak and Guity Elyasi, at the corner of Oak Street and Garin Parkway.

Prepared by: Engineering: M. Sullivan

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or her designee to execute a Vacant Land Purchase Agreement and Joint Escrow Instructions, Grant Deed and such other documents as may be needed to complete the transaction, hereby conveying real property on behalf of the City to Siamak Elyasi and Guity Elyasi for real property identified as APN 013-212-007, generally located at the southwest corner of Oak Street and Garin Parkway, which was a remnant acquired as part of the right-of-way acquisition for the extension of Oak Street and Garin Parkway, related to the Post Office/Oak Street Extension, CIP Project No. 33693 in 1999.

PREVIOUS ACTION
On May 25, 1999, by Resolution No. 99-134, City Council certified and approved the Negative Declaration and adopted the 1999-2004 Capital Improvement Program (CIP), which included the Post Office/Oak Street Extension, CIP Project No. 33693.

BACKGROUND
The extension of Oak Street from approximately Fourth Street to Sellers Avenue and Garin Parkway from Chestnut to Oak Street required the City to acquire right-of-way from Yamanaka Family Farms. The extension of both roads required right-of-way that caused portions of Yamanaka Family Farms property to be cut-off from the remainder parcel. Although this remnant was not needed for the project, the City was obligated to purchase any remnants. The property’s minimum width is below that allowed within the commercial zoning, it has an irregular shape, and considering the setback requirements a reduction in the estimated value is considered appropriate to reflect the property’s limited use as a stand alone parcel.

The realtor for Elyasi contacted City staff regarding disposition of this remnant and offered to purchase it on behalf of his client for $106,550, as disclosed in the attached Vacant Land Purchase Agreement and Joint Escrow Instructions. Staff obtained a Sales Analysis to determine a range of value in considering the offer. Since the property has limited use as a stand alone property and is located on a corner adjacent only to the property currently owned by Elyasi, the logical disposition is to incorporate it into the project being planned by Elyasi. Furthermore, continued retention of this remnant causes the City to incur unnecessary maintenance costs since the City does not need this property for any future public improvements.

Staff recommends that the City accept Siamak and Guity Elyasi offer to purchase the remnant and that the transfer of title take place by execution of a Grant Deed.

FISCAL IMPACT
City will recoup acquisition costs funded by Roadway Fees in connection with the Post Office/Oak Street Extension, CIP Project No. 33693, for the fiscal years 1999/2004 in the amount $106,550.00. The sale of this property will relieve the City of an estimated $1,000.00 a year in maintenance costs.

Attachments:
Resolution
Site Map
Vacant Land Purchase Agreement and Joint Escrow Instructions


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXECUTE A VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS, GRANT DEED AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION, HEREBY CONVEYING REAL PROPERTY ON BEHALF OF THE CITY TO SIAMAK ELYASI AND GUITY ELYASI FOR REAL PROPERTY IDENTIFIED AS APN 013-212-007, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF OAK STREET AND GARIN PARKWAY, WHICH WAS A REMNANT ACQUIRED AS PART OF THE RIGHT-OF-WAY ACQUISITION FOR THE EXTENSION OF OAK STREET AND GARIN PARKWAY, RELATED TO THE POST OFFICE/OAK STREET EXTENSION, CIP PROJECT NO. 33693 IN 1999.


WHEREAS, May 25, 1999, by Resolution No. 99-134, City Council certified and approved the Negative Declaration and adopted the 1999-2004 Capital Improvement Program (CIP), which included the Post Office/Oak Street Extension, CIP Project No. 33693; and

WHEREAS, staff has determined that the remnant purchased as part of the right-of-way acquisition for the Post Office/Oak Street Extension, CIP Project No. 33693, to extend Oak Street and Garin Parkway is not necessary for any future public improvements; and

WHEREAS, notices were sent to applicable public entities related to the disposal of the remnant parcel; and

WHEREAS, staff obtained a Sales Analysis to determine a range of value in considering the offer; and

WHEREAS, the property’s minimum width is below that allowed within the commercial zoning, it has an irregular shape, and considering the setback requirements a reduction in the estimated value is considered appropriate to reflect the property’s limited use as a stand alone parcel and is located on a corner adjacent only to the Elyasi property, the logical disposition is to incorporate it into the project being planned by Elyasi; and

WHEREAS, a Vacant Land Purchase Agreement and Joint Escrow Instructions between Elyasi and the City of Brentwood has been developed and is necessary to transfer property.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood, does hereby approve and authorize the City Manager or her designee to execute a Vacant Land Purchase Agreement and Joint Escrow Instructions, Grant Deed and such other documents as may be needed to complete the transaction, hereby conveying real property on behalf of the City to Siamak Elyasi and Guity Elyasi, for real property identified as APN 013-212-007, generally located at the southwest corner of Oak Street and Garin Parkway, which was a remnant acquired as part of the right-of-way acquisition for the extension of Oak Street and Garin Parkway, related to the Post Office/Oak Street Extension, CIP Project No. 33693 in 1999.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of March 2006 by the following vote:
 

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