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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 6

Meeting Date: August 22, 2006
Subject/Title: Adopt a Resolution approving the execution of a Release of Subdivision Improvement Agreement on a portion of property identified as “Remainder” shown on Map of Subdivision No. 7690, filed January 25, 1999, in Map Book 407 at Page 6, of Contra Costa County Records and a portion of Lot 39 shown on the Map of Subdivision No. 8310, filed December 29, 2000, in Map Book 427 at Page 29, of Contra Costa County Records, both agreements cover the same property, identified as APN 007-100-081, a portion of Deer Ridge Golf Course, generally located east of Pebble Beach Drive and west of Foothill Drive adjacent to Contra Costa County Flood Control property.

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 execute a Release of Subdivision Improvement Agreement and any other documents as may be needed to complete the transaction, on a portion of property identified as “Remainder” shown on Map of Subdivision No. 7690, filed January 25, 1999, in Map Book 407 at Page 6, of Contra Costa County Records and for a portion of Lot 39 shown on the Map of Subdivision No. 8310, filed December 29, 2000, in Map Book 427 at Page 29, of Contra Costa County Records, both agreements cover the same property, identified as APN 007-100-081, a portion of Deer Ridge Golf Course, generally located east of Pebble Beach Drive and west of Foothill Drive adjacent to Contra Costa County Flood Control property.

PREVIOUS ACTION
On January 12, 1999, by Resolution No. 99-18, City Council approved Final Map of Subdivision No. 7690, Deer Creek Country Club, accepting the offers of dedication shown thereon subject to acceptance of improvements, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same.

On October 10, 2000, by Resolution No. 2170, City Council approved the Final Map of Subdivision No. 8310, Deer Ridge Village Lots being a Subdivision of the Remainder, Common Area “E”, Mountain View Drive, and Ranchwood Drive, as shown on that certain Final Map entitled “Subdivision No. 7690 Deer Creek Country Club” (SunCal), located south of Balfour Road and west of Concord Avenue, accepting the offers of Dedication shown thereon subject to acceptance of improvements, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same.

BACKGROUND
The Conditions of Approval for Subdivision No. 7690, which applied to Subdivision No. 8310 required the Developer to mitigate increased run-off volume created by the development by increasing the capacity of the Dry Creek Reservoir or provide other mitigation measures to the satisfaction of Contra Costa County Flood Control and the City. The Developer was required to design a drainage master plan for the project so that the increased volume and peak flow rates would not adversely affect the downstream flood control facilities. The Developer was also required to improve Deer Creek to adequately collect and convey the 100-year event and the 50-year event with sufficient freeboard to the approval of Contra Costa County Flood Control District. All work performed that included possible modification or relocation of emergency spillways to Dry Creek and/or Deer Creek and to the channels themselves required approval by all appropriate agencies. In order to accomplish the above drainage infrastructure Contra Costa County Flood Control and the Developer agreed to a property exchange.

The Developer has now been requested by Contra Costa County Flood Control to move forward with said property exchange and provide them with clear title. Therefore, the Developer is requesting the City to release two portions of Lot 39 from the two Subdivision Improvement Agreements (Subdivision No. 7690 and Subdivision No. 8310 being a remainder of Subdivision No. 7690) approved by Council on January 12, 1999 and October 10, 2002.

Staff recommends that the City comply with their request, since these two areas will not be developed and used only for drainage purposes.

FISCAL IMPACT
None

Attachments:
Resolution
Site Map
Release of Subdivision Improvement Agreement

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 RELEASE OF SUBDIVISION IMPROVEMENT AGREEMENT AND ANY OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION, ON A PORTION OF PROPERTY IDENTIFIED AS “REMAINDER” SHOWN ON MAP OF SUBDIVISION NO. 7690, FILED JANUARY 25, 1999, IN MAP BOOK 407 AT PAGE 6, OF CONTRA COSTA COUNTY RECORDS AND A PORTION OF LOT 39 SHOWN ON THE MAP OF SUBDIVISION NO. 8310, FILED DECEMBER 29, 2000, IN MAP BOOK 427 AT PAGE 29, OF CONTRA COSTA COUNTY RECORDS, IDENTIFIED AS APN 007-100-081, BOTH AGREEMENTS COVER THE SAME PROPERTY, A PORTION OF DEER RIDGE GOLF COURSE, GENERALLY LOCATED EAST OF PEBBLE BEACH DRIVE AND WEST OF FOOTHILL DRIVE ADJACENT TO CONTRA COSTA COUNTY FLOOD CONTROL PROPERTY.

WHEREAS, on January 12, 1999, by Resolution No. 99-18, City Council approved Final Map of Subdivision No. 7690 Deer Creek Country Club, accepting the offers of dedication shown thereon subject to acceptance of improvements, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same; and

WHEREAS, on October 10, 2000, by Resolution No. 2170, City Council approved the Final Map of Subdivision No. 8310 Deer Ridge Village Lots being a Subdivision of the Remainder, Common Area “E”, Mountain View Drive, and Ranchwood Drive, as shown on that certain Final Map entitled “Subdivision No. 7690 Deer Creek Country Club” (SunCal), located south of Balfour Road and west of Concord Avenue, accepting the offers of Dedication shown thereon subject to acceptance of improvements, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same; and

WHEREAS, Conditions of Approval for Subdivision No. 7690, which applied to Subdivision No. 8310 required the Developer to mitigate increased run-off volume created by the development by increasing the capacity of the Dry Creek Reservoir or provide other mitigation measures to the satisfaction of Contra Costa County Flood Control and the City. The Developer was required to design a drainage master plan for the project so that the increased volume and peak flow rates would not adversely affect the downstream flood control facilities. The Developer was also required to improve Deer Creek to adequately collect and convey the 100-year event and the 50-year event with sufficient freeboard to the approval of Contra Costa County Flood Control District; and

WHEREAS, in order to accomplish the above drainage infrastructure Contra Costa County Flood Control and the Developer agreed to a property exchange and the Developer has now been requested by Contra Costa County Flood Control to move forward with said property exchange and provide them with clear title; and

WHEREAS, a Release of Subdivision Improvement Agreement by the City of Brentwood has been developed and is necessary to provide clear title to Contra Costa County Flood Control.

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 Release of Subdivision Improvement Agreement and any other documents as may be needed to complete the transaction, on a portion of property identified as “Remainder” shown on Map of Subdivision No. 7690, filed January 25, 1999, in Map Book 407 at Page 6, of Contra Costa County Records and a portion of Lot 39 shown on the Map of Subdivision No. 8310, filed December 29, 2000, in Map Book 427 at Page 29, of Contra Costa County Records, both agreements cover the same property, identified as APN 007-100-081, a portion of Deer Ridge Golf Course, generally located east of Pebble Beach Drive and west of Foothill Drive adjacent to Contra Costa County Flood Control property.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22nd day of August 2006 by the following vote:

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Brentwood
Attention: City Clerk
150 City Park Way
Brentwood, CA 94513
________________________________________________________________________

RELEASE OF
SUBDIVISION IMPROVEMENT AGREEMENT
________________________________________________________________________

The City of Brentwood hereby releases that certain

CITY OF BRENTWOOD
SUBDIVISION IMPROVEMENT AGREEMENT
Executed by and between California Sun Properties, L.L.C., a Delaware limited liability company, and SunCal of Northern California., a Delaware limited liability company, as Managing Member and the City of Brentwood, recorded February 2, 1999, Document No. 99-0028935-00, Official Records of Contra Costa County

and that certain

CITY OF BRENTWOOD
SUBDIVISION IMPROVEMENT AGREEMENT, TRACT 8310
Executed by and between California Sun – Brentwood, L.L.C., a Delaware limited liability company, California Sun Properties, L.L.C., a Delaware limited liability company, as Managing Member, and SunCal of Northern California L.L.C., a Delaware limited liability company, as Managing Member and the City of Brentwood, recorded October 16, 2000, Document No. 2000-0229906-00, Official Records of Contra Costa County

over only those portions of that certain real property located in the City of Brentwood, County of Contra Costa, State of California, described in Exhibit “A” and shown on Exhibit “B”, both attached hereto and made a part hereof by this reference.

Dated this ____________ day of _________, 2006

City of Brentwood

By________________________________
Donna Landeros, City Manager
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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