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CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: November 14, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or her designee to execute a Grant of Public Utility Easement and such other documents as may be needed to hereby create a public utility easement across City owned property on the south side of Lone Tree Way east of the railroad tracks for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-31340.

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 Grant of Public Utility Easement and such other documents as may be needed to hereby convey real property on behalf of the City to the City to create a public utility easement, generally located on the south side of Lone Tree Way east of the railroad tracks for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-31340.

PREVIOUS ACTION
On May 23, 2006, by Resolution No. 2006-126, City Council adopted the City’s 2006/07 – 2010/11 Capital Improvement Program that included the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134 now 336-31340.

BACKGROUND
The Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-31340, 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.

On May 24, 2005, by Resolution No. 2005-113, City Council approved the purchase of the now City owned property from East Contra Costa Irrigation District. 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 once the project is under construction and completed. Pursuant to State and Federal laws the City was 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 was to the City’s benefit to purchase the property in its entirety.

Now that the design phase by various entities to relocate their public utilities is moving forward, the City needs to create a public utility easement across the City owned property. This easement is necessary to relocate and convert to underground power, phone, cable, fiber, etc. that exists overhead along Lone Tree Way, and to relocate the existing distribution gas line. If this work were to occur along the proposed Lone Tree Way Undercrossing, it would be much more expensive to do since the roadway will be depressed over 20 feet and there are slopes and retaining walls outside the roadway that are not an ideal place to locate the utility trench. Further, the City prefers not to locate utility trenches under the roadway but behind the curb and gutter in the parkway area; therefore, this layout was devised earlier on in the design process, taking advantage of the fact that the City still has rights for utilities along the old Fairview Avenue roadway.

FISCAL IMPACT
There is no fiscal impact in creating the Public Utility Easement for future use by various entities.

Attachments:
Resolution
Site Map
Grant of Public Utility Easement

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 GRANT OF PUBLIC UTILITY EASEMENT AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO HEREBY CONVEY REAL PROPERTY ON BEHALF OF THE CITY TO THE CITY TO CREATE A PUBLIC UTILITY EASEMENT, GENERALLY LOCATED ON THE SOUTH SIDE OF LONE TREE WAY EAST OF THE RAILROAD TRACKS FOR THE LONE TREE WAY – UNION PACIFIC UNDERCROSSING, CIP PROJECT NO. 336-31340.

WHEREAS, on May 23, 2006, by Resolution No. 2006-126, City Council adopted the City’s 2006/07 – 2010/11 Capital Improvement Program that included the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134 now 336-31340; and

WHEREAS, the City owned property acquired from ECCID was purchased to provide a public utility easement and the widening of Lone Tree Way; and

WHEREAS, a public utility easement is necessary to relocate and convert to underground power, phone, cable, fiber, etc. that exists overhead along Lone Tree Way, and to relocate the existing distribution gas line; and

WHEREAS, this layout was devised earlier on in the design process, taking advantage of the fact that the City still has rights for utilities along the old Fairview Avenue roadway; and

WHEREAS, an Easement Deed from the City of Brentwood to the City of Brentwood to create a public utility easement has been developed and is necessary to create said easement.

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 Grant of Public Utility Easement and such other documents as may be needed to hereby convey real property on behalf of the City to the City to create a public utility easement, generally located on the south side of Lone Tree Way east of the railroad tracks for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-31340.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of November 2006 by the following vote:
 

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