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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: February 13, 2007

Subject/Title: Adopt a Resolution approving, granting and authorizing the City Manager or designee to execute an Easement to Pacific Gas and Electric Company and Pacific Bell Telephone Company (dba AT&T) across a portion of City owned property located south of Concord Avenue and east of Fairview Avenue, necessary as a part of the State Route 4 Bypass Segment 3.

Prepared by: Public Works: D. Galey

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution approving, granting and authorizing the City Manager or designee to execute an Easement to Pacific Gas and Electric Company (“PG&E”) and Pacific Bell Telephone Company (dba AT&T) across a portion of City owned property located south of Concord Avenue and east of Fairview Avenue, necessary as a part of the State Route 4 Bypass Segment 3.

PREVIOUS ACTION
On May 9, 2006, by an Informational Report, City Council was notified of the approval by the City Manager of Final Subdivision Map No. 8796, the Vineyards at Marsh Creek, developed by Shea Homes. As part of the Final Map approval, Parcel Y of Subdivision No. 8796 was dedicated to, and accepted by, the City for detention basin purposes.

On October 10, 2006, by Resolution No. 2006-245, City Council delegated to the State Route 4 Bypass Authority, the authority to approve plans, specifications and project design for all segments of the State Route 4 Bypass project on behalf of the City of Brentwood and declared that such approval by the Bypass Authority Board shall constitute approval by the City.

BACKGROUND
The State Route (SR) 4 Bypass Segment 3 will extend from Balfour Road, southerly to connect to Vasco Road, and southeasterly to connect to existing SR4 East-Byron Highway via Marsh Creek Road. This stretch is the third phase of the Bypass project and will greatly improve traffic flow and re-route traffic off City streets during their commute from Brentwood, and cities west of Brentwood, to Vasco Road and existing SR4 East.

The SR4 Bypass Authority received bids and awarded the construction contract for Segment 3 at its meeting of September 21, 2006. One of the first items of construction work is the necessary pole relocation of PG&E’s 60 and 21 kilowatt overhead power lines and poles, out of the alignment of the SR4 Bypass, AT&T also has lines located on these PG&E owned poles to be relocated. Adjacent to the SR4 Bypass, south of Concord Avenue, is a parcel dedicated to the City by the Developer of the Vineyards project. This parcel contains a detention basin and paved pathway, and can accommodate the relocated poles out of the route of Concord Avenue and the SR4 Bypass.

Granting an easement to PG&E and AT&T, to relocate the poles on a portion of this City parcel also grants PG&E and AT&T the responsibility to inspect and maintain the facilities, and accommodates the construction of the State Route 4 Bypass Segment 3.

FISCAL IMPACT
There is no fiscal impact to the City. PG&E and AT&T will be responsible for maintenance of all of their facilities within the easement area. As relocation of the poles and the necessary easement is a result of a public construction project and is funded by another public agency; the SR4 Bypass Authority, compensation is not being provided to the City for the easement area.

Attachments:
Resolution
Site Map
Easement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING, GRANTING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN EASEMENT, AND OTHER SUCH NECESSARY DOCUMENTS, TO PACIFIC GAS AND ELECTRIC COMPANY AND PACIFIC BELL TELEPHONE COMPANY (DBA AT&T) ACROSS A PORTION OF CITY OWNED PROPERTY LOCATED SOUTH OF CONCORD AVENUE AND EAST OF FAIRVIEW AVENUE, NECESSARY AS A PART OF THE STATE ROUTE 4 BYPASS SEGMENT 3.

WHEREAS, on May 9, 2006, by an Informational Report, City Council was notified of the approval by the City Manager of Final Subdivision Map No. 8796, the Vineyards at Marsh Creek, developed by Shea Homes; and

WHEREAS, as a part of Final Subdivision Map No. 8796, Parcel Y was dedicated to, and accepted by, the City for detention basin purposes; and

WHEREAS, on October 10, 2006, by Resolution No. 2006-245, City Council delegated to the State Route 4 Bypass Authority, the authority to approve plans, specifications and project design for all segments of the State Route 4 Bypass project on behalf of the City of Brentwood and declared that such approval by the Bypass Authority Board shall constitute approval by the City; and

WHEREAS, an Easement is necessary to relocate Pacific Gas and Electric Company and AT&T overhead power lines out of the alignment of the State Route 4 Bypass Segment 3; and

WHEREAS, an Easement from the City of Brentwood to Pacific Gas and Electric Company and AT&T, across a portion of Parcel Y, Subdivision No. 8796, has been developed for the relocation and maintenance of the overhead facilities.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve, grant and authorize the City Manager or designee to execute an Easement, and other such necessary documents, to Pacific Gas and Electric Company and Pacific Bell Telephone Company (dba AT&T) across a portion of City owned property, Parcel Y of Subdivision No. 8796, located south of Concord Avenue and east of Fairview Avenue, necessary as a part of the State Route 4 Bypass Segment 3.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of February 2007 by the following vote:
 

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