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CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: March 13, 2007
Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 1, to the three party agreement entitled “Real Property Exchange/Grading/Public Improvement Agreement,” between Landgraf, California Sun-Brentwood, LLC (“Cal Sun”) and the City of Brentwood, modifying Cal Sun’s obligations to Parcels G and H, for the John Muir Parkway Extension / Foothill Drive – Phase I, CIP Project No. 336-31640; generally located west of Concord Avenue and south of Ventura Drive.

Prepared by: Marie Sullivan, Right-of-Way Specialist

Submitted by: Bailey Grewal, Director of Public Works/City Engineer

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 1, to the three party agreement entitled “Real Property Exchange/Grading/Public Improvement Agreement,” between Landgraf, California Sun-Brentwood, LLC (“Cal Sun”) and the City of Brentwood, modifying Cal Sun’s obligations to Parcels G and H, for the John Muir Parkway Extension / Foothill Drive – Phase I, CIP Project No. 336-31640; generally located west of Concord Avenue and south of Ventura Drive.

PREVIOUS ACTION
On December 5, 2000, Planning Commission adopted Resolution No. 93-2, amending Conditions of Approval Nos. 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 Avenue (now known as John Muir Parkway).

On May 23, 2006, City Council adopted Resolution No. 2006-126, adopting the 2006/07 – 2010/11 Capital Improvement Program (CIP), that included the John Muir Parkway Extension / Foothill Drive – Phase I, CIP Project No. 336-31640.

On June 13, 2006, City Council adopted Resolution No. 2006-129, approving and authorizing the City Manager or 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 of Brentwood 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 the John Muir Parkway Extension / Foothill Drive – Phase I, CIP Project No. 336-31640, 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.

BACKGROUND
The John Muir Parkway Extension / Foothill Drive – Phase l project will consist of constructing 2000 feet of road from Ventura Drive to the Foothill Drive extension to provide north/south traffic circulation, approximately 600 feet of road to extend Foothill Drive to John Muir Parkway extension to provide west/east traffic circulation, and both extensions will provide access to surrounding properties. Foothill Drive will be built to its ultimate configuration excluding landscaping. John Muir Parkway is necessary to replace the existing Concord Avenue due to the construction of Segment 3 of the State Route 4 Bypass currently scheduled for completion in late 2008. The City proceeded with the design for construction of the initial roadway improvements consisting of two 14-foot lanes from Ventura Drive to Foothill Drive after the Agreement had been executed by all parties for the necessary right-of-way approved by City Council on June 13, 2006, by Resolution No. 2006-129. The future development will be responsible for the widening of John Muir Parkway to its ultimate configuration.

The parties desire to amend the Agreement, as Parcel G (being conveyed to Landgraf by Cal Sun) referred to in the Agreement, has been designated as a wetland area by Fish and Game and the US Army Corp of Engineers. Therefore, it is beyond Cal Sun’s control to meet their obligations as outlined in the Agreement to grade and fill Parcel G. The Agreement also stipulated that Parcels G & H would result in a usable area of one acre. Since Parcel G cannot be graded or filled in, the parties desire to alter the exchange of Parcel H (being conveyed to Landgraf by Cal Sun), to comply with the Agreement, resulting in a usable area of one acre contiguous to Parcel M. (All parcels shown on Exhibit “A” of Amendment No. 1 attached.)

FISCAL IMPACT
Acquisition costs are minimal since this is a property exchange. The only anticipated costs will be escrow fees, which are budgeted through the John Muir Parkway Extension / Foothill Drive – Phase l, CIP Project No. 336-31640, funded by Roadway Fees. Future annual operating/maintenance costs are estimated to be $25,853.

Attachments:
Resolution
Project Map
Amendment No. 1 to the Real Property Exchange/Grading/Public Improvement Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AMENDMENT NO. 1, TO THE THREE PARTY AGREEMENT ENTITLED “REAL PROPERTY EXCHANGE/GRADING/PUBLIC IMPROVEMENT AGREEMENT,” BETWEEN LANDGRAF, CALIFORNIA SUN-BRENTWOOD, LLC (“CAL SUN”) AND THE CITY OF BRENTWOOD, MODIFYING CAL SUN’S OBLIGATIONS TO PARCELS G AND H, FOR THE JOHN MUIR PARKWAY EXTENSION / FOOTHILL DRIVE – PHASE I, CIP PROJECT NO. 336-31640; GENERALLY LOCATED WEST OF CONCORD AVENUE AND SOUTH OF VENTURA DRIVE.

WHEREAS, on December 5, 2000, Planning Commission adopted Resolution No. 93-2, amending Conditions of Approval Nos. 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 Avenue (now known as John Muir Parkway); and

WHEREAS, on May 23, 2006, City Council adopted Resolution No. 2006-126, adopting the 2006/07 – 2010/11 Capital Improvement Program (CIP), that included the John Muir Parkway Extension / Foothill Drive – Phase I, CIP Project No. 336-31640; and

WHEREAS, on June 13, 2006, City Council adopted Resolution No. 2006-129, 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 John Muir Parkway Extension / Foothill Drive – Phase I, CIP Project No. 336-31640, 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; 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 John Muir Parkway Extension / Foothill Drive – Phase l, CIP Project No. 336-31640; 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, Amendment No. 1 to the three party agreement entitled “Real Property Exchange/Grading/Public Improvement Agreement” is desired by the parties due to Parcel G of the property exchange being declared a wetland area and certain obligations by Cal Sun under the Agreement cannot be met due to this declaration.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Brentwood does hereby approve and authorize the City Manager or designee to execute Amendment No. 1, to the three party agreement entitled “Real Property Exchange/Grading/Public Improvement Agreement,” between Landgraf, California Sun-Brentwood, LLC (“Cal Sun”) and the City of Brentwood, modifying Cal Sun’s obligations to Parcels G and H, for the John Muir Parkway Extension / Foothill Drive – Phase I, CIP Project No. 336-31640; generally located west of Concord Avenue and south of Ventura Drive.

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

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