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CITY COUNCIL AGENDA ITEM NO. 4

Meeting Date: June 13, 2006
Subject/Title: Adopt a Resolution approving and authorizing the City Manager or her designee to execute a three party agreement entitled “Real Property Exchange/Grading/Public Improvement Agreement” between Landgraf, Cal Sun and the City for Foothill Extension and the John Muir Parkway Extension – Phase l, CIP Project No. 336-3164.

Prepared by: Public Works: M. Sullivan

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or her designee to perform the following actions: (1) execute the three party agreement entitled “Real Property Exchange/Grading/Public Improvement Agreement”, and such other documents as may be needed to complete the transaction including acceptance of the Deeds, hereby accepting real property on behalf of the City with Peter C. Landgraf and Joann Landgraf, Trustees, Landgraf Trust dated December 10, 1999, for the purchase of fee parcels (property exchange) for a portion of real property identified as APN 010-010-016, necessary for Foothill Extension and the John Muir Parkway Extension – Phase I, CIP Project No. 336-3164, generally located west of Concord Avenue and south of Ventura Drive (the execution and compliance of said three party agreement by Cal Sun shall satisfy the requirement for Tentative Subdivision Map No. 7690 and Tentative Subdivision Map No. 8310 for the Foothill Drive extension to Concord Avenue); (2) execute a Grant Deed or Quitclaim Deed and such other documents as may be needed to complete the transaction, hereby conveying City owned property identified as a portion of the existing Foothill Drive and a portion of the existing Concord Avenue (existing portion of Foothill Drive and Concord Avenue right-of-way to be conveyed after the new realigned Foothill extension and the new John Muir Parkway is open for traffic, all as part of the property exchange) from the City of Brentwood to Peter C. Landgraf and Joann Landgraf, Trustees, Landgraf Trust dated December 10, 1999, described in said three party agreement; (3) execute a Grant Deed or Quitclaim Deed and such other documents as may be needed to complete the transaction, hereby conveying the real property referred to as being subject to the City acquiring from the State Route 4 Bypass Authority (Bypass Authority) described in said three party agreement (to be conveyed after the new John Muir Parkway is open for traffic, as part of the property exchange) from the City of Brentwood to Peter C. Landgraf and Joann Landgraf, Trustees, Landgraf Trust dated December 10, 1999.

PREVIOUS ACTION
On December 5, 2000, by Resolution No. 93-2, Planning Commission amended Conditions of Approval 184, 185 and 186 of Vesting Tentative Map No. 7690, for the Development of up to 1,031 residential units and an 18-hole golf course (Brentwood Hills Country Club Project), which required that Foothill Drive connect to the new realigned Concord (now known as John Muir Parkway).

On May 23, 2006, by Resolution No. 2006-126, City Council adopted the 2006/07 – 2010/11 Capital Improvement Program (CIP) that included the John Muir Parkway Extension – Phase I, CIP Project No. 336-3164.

BACKGROUND
John Muir Parkway extension project will consist of constructing 2000 feet of road from Ventura Drive to the Foothill Drive extension to provide north/south traffic circulation and access to surrounding properties. This roadway is necessary to replace the existing Concord Avenue due to the construction of Segment 3 of the Highway 4 Bypass that is presently out to bid and current schedule shows completion in December 2007. The City will proceed with the design and construction of the interim roadway consisting of two 14-foot lanes from Ventura Drive to Foothill Drive once this agreement has been executed by all parties the necessary right-of-way acquired. The future development will be responsible for the widening of John Muir Parkway to its ultimate configuration.

Cal Sun has been in negotiations with the Landgrafs for sometime in an attempt to acquire the necessary right-of-way to extend the existing Foothill Drive from their subdivision across the Landgraf parcel per their conditions of approval. The City has been involved as the mediator for some time and due to the future closure of Concord Avenue by the Highway 4 Bypass the City now needs to move forward with our own acquisition. Due to the impact of these two roads across the Landgraf property it has become prudent to combine our efforts as the Landgrafs prefer to have all their issues addressed at one time. Cal Sun is responsible for the extension of Foothill Drive to John Muir Parkway and the execution of this three party agreement will satisfy their Subdivision No. 7690 project conditions of approval. Further, this three party agreement will be the mechanism for which the City can acquire the necessary right-of-way for John Muir Parkway and move forward with the design of both John Muir Parkway and Foothill Drive extensions.

The City has been meeting with the Bypass Authority on a regular basis due to the impact of their project on the City when Concord Avenue closes not only for residents in the surrounding developments but the commute traffic currently using Concord Avenue to gain access to Vasco Road. The Bypass Authority as part of their project will be realigning a portion of Concord Avenue to intersect with the new John Muir Parkway. During these meetings the Bypass Authority has indicated that the design work is completed for Segment 3. It appears they will have surplus property that will be located west of the newly constructed John Muir Parkway, that they would like the City to acquire. Should this take place the City does not need this property for any future public improvements. However, due to the location and irregular shape it would be logical to incorporate it into the Landgraf property for future development that would benefit the City and not have this property become a potential blighted area or incur unnecessary maintenance costs in up-keep.

Staff has determined that the areas being conveyed by the City does not impact the City’s needs due to the relocation/realignment/replacement of Concord Avenue by John Muir Parkway and the realignment and extension of Foothill Drive and that it complies with all the requirements of the State of California Streets and Highways Code, Division 9, Part 3, Chapter 4, Section 8330(a).

FISCAL IMPACT
Acquisition costs are minimal since this is a property exchange. The only anticipated costs will be escrow fees, which is budgeted through the John Muir Parkway Extension – Phase l, CIP 336-3164, funded by roadway fees. Future annual operating/maintenance cost is estimated to be $25,853.

Attachments: Resolution
Project Map
Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO PERFORM THE FOLLOWING ACTIONS: (1) EXECUTE THE THREE PARTY AGREEMENT ENTITLED “REAL PROPERTY EXCHANGE/GRADING/PUBLIC IMPROVEMENT AGREEMENT”, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION INCLUDING ACCEPTANCE OF THE DEEDS, HEREBY ACCEPTING REAL PROPERTY ON BEHALF OF THE CITY WITH PETER C. LANDGRAF AND JOANN LANDGRAF, TRUSTEES, LANDGRAF TRUST DATED DECEMBER 10, 1999, FOR THE PURCHASE OF FEE PARCELS (PROPERTY EXCHANGE) FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 010-010-016, NECESSARY FOR FOOTHILL EXTENSION AND THE JOHN MUIR PARKWAY EXTENSION – PHASE I, CIP PROJECT NO. 336-3164, GENERALLY LOCATED WEST OF CONCORD AVENUE AND SOUTH OF VENTURA DRIVE (THE EXECUTION AND COMPLIANCE OF SAID THREE PARTY AGREEMENT BY CAL SUN SHALL SATISFY THE REQUIREMENT FOR TENTATIVE SUBDIVISION MAP NO. 7690 AND TENTATIVE SUBDIVISION MAP NO. 8310 FOR THE FOOTHILL DRIVE EXTENSION TO CONCORD AVENUE); (2) EXECUTE A GRANT DEED OR QUITCLAIM DEED AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION, HEREBY CONVEYING CITY OWNED PROPERTY IDENTIFIED AS A PORTION OF THE EXISTING FOOTHILL DRIVE AND A PORTION OF THE EXISTING CONCORD AVENUE (EXISTING PORTION OF FOOTHILL DRIVE AND CONCORD AVENUE RIGHT-OF-WAY TO BE CONVEYED AFTER THE NEW REALIGNED FOOTHILL EXTENSION AND THE NEW JOHN MUIR PARKWAY IS OPEN FOR TRAFFIC, ALL AS PART OF THE PROPERTY EXCHANGE) FROM THE CITY OF BRENTWOOD TO PETER C. LANDGRAF AND JOANN LANDGRAF, TRUSTEES, LANDGRAF TRUST DATED DECEMBER 10, 1999 DESCRIBED IN SAID THREE PARTY AGREEMENT; (3) EXECUTE A GRANT DEED OR QUITCLAIM DEED AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION, HEREBY CONVEYING THE REAL PROPERTY REFERRED TO AS BEING SUBJECT TO THE CITY ACQUIRING FROM THE STATE ROUTE 4 BYPASS AUTHORITY DESCRIBED IN SAID THREE PARTY AGREEMENT (TO BE CONVEYED AFTER THE NEW JOHN MUIR PARKWAY IS OPEN FOR TRAFFIC, AS PART OF THE PROPERTY EXCHANGE) FROM THE CITY OF BRENTWOOD TO PETER C. LANDGRAF AND JOANN LANDGRAF, TRUSTEES, LANDGRAF TRUST DATED DECEMBER 10, 1999.

WHEREAS, on December 5, 2000, by Resolution No. 93-2, Planning Commission amended Conditions of Approval 184, 185 and 186 of Vesting Tentative Map No. 7690, for the Development of up to 1,031 residential units and an 18-hole golf course (Brentwood Hills Country Club Project), which required that Foothill Drive connect to the new realigned Concord (now known as John Muir Parkway); and

WHEREAS, On May 23, 2006, by Resolution No. 2006-126, City Council adopted the 2006/07 – 2010/11 Capital Improvement Program (CIP) that included the John Muir Parkway Extension – Phase I, CIP Project No. 336-3164; and

WHEREAS, a portion of real property generally located west of Concord Avenue and south of Ventura Drive in the City of Brentwood, identified as APN 010-010-016, is necessary for Foothill Extension and the John Muir Parkway Extension – Phase l, CIP Project No. 336-3164; and

WHEREAS, a three party agreement entitled “Real Property Exchange/Grading/Public Improvement Agreement” between Landgraf, Cal Sun and the City has been developed and is necessary to transfer properties; and

WHEREAS, that portion of Concord Avenue and Foothill Drive to be conveyed by the City will take place only after they have been superseded by relocation/realignment/replacement of Concord Avenue by John Muir Parkway and the realignment and extension of Foothill Drive; and

WHEREAS, the relocation/realignment/replacement of Concord Avenue by John Muir Parkway and the realignment and extension of Foothill Drive will not cut off access to any person’s property that, prior to relocation/realignment/replacement adjoined said Concord Avenue and Foothill Drive; and

WHEREAS, from and after the date of transfer of those portions of Concord Avenue and Foothill Drive being conveyed to Langraf described the three party agreement entitled “Real Property Exchange/Grading/Public Improvement Agreement” no longer constitute a public street.

WHEREAS, staff has determined that the areas being conveyed by the City does not impact the City’s needs due to the relocation/realignment/replacement of Concord Avenue by John Muir Parkway and the realignment and extension of Foothill Drive and that it complies with all the requirements of the State of California Streets and Highways Code, Division 9, Part 3, Chapter 4, Section 8330(a).

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 perform the following actions:

1. execute the three party agreement entitled “Real Property Exchange/Grading/Public Improvement Agreement”, and such other documents as may be needed to complete the transaction including acceptance of the Deeds, hereby accepting real property on behalf of the City with Peter C. Landgraf and Joann Landgraf, Trustees, Landgraf Trust dated December 10, 1999, for the purchase of fee parcels (property exchange) for a portion of real property identified as APN 010-010-016, necessary for Foothill Extension and the John Muir Parkway Extension – Phase l, CIP Project No. 336-3164, generally located west of Concord Avenue and south of Ventura Drive (the execution and compliance of said three party agreement by Cal Sun shall satisfy the requirement for Tentative Subdivision Map No. 7690 and Tentative Subdivision Map No. 8310 for the Foothill Drive extension to Concord Avenue); and

2. execute a Grant Deed or Quitclaim Deed and such other documents as may be needed to complete the transaction, hereby conveying City owned property identified as a portion of the existing Foothill Drive and a portion of the existing Concord Avenue (existing portion of Foothill Drive and Concord Avenue right-of-way to be conveyed after the new realigned Foothill extension and the new John Muir Parkway is open for traffic, all as part of the property exchange) from the City of Brentwood to Peter C. Landgraf and Joann Landgraf, Trustees, Landgraf Trust dated December 10, 1999 described in said three party agreement;

3. execute a Grant Deed or Quitclaim Deed and such other documents as may be needed to complete the transaction, hereby conveying the real property referred to as being subject to the City acquiring from the State Route 4 Bypass Authority described in said three party agreement (to be conveyed after the new John Muir Parkway is open for traffic, as part of the property exchange) from the City of Brentwood to Peter C. Landgraf and Joann Landgraf, Trustees, Landgraf Trust dated December 10, 1999.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of June 2006 by the following vote:
 

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