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CITY COUNCIL AGENDA ITEM NO. 17


Meeting Date: April 24, 2007
Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute a Purchase Agreement with Richard Taylor for a portion of real property, generally located on the south side of Lone Tree Way adjacent to the railroad tracks between Fairview Avenue and O’Hara Avenue, for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-31340.

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 a Purchase Agreement for a fee parcel, and such other documents as may be needed to complete the transaction including acceptance of the Deed, hereby accepting real property on behalf of the City with Richard Taylor, unmarried man, for a portion of real property identified as APN 018-080-016, generally located on the south side of Lone Tree Way adjacent to the railroad tracks between Fairview Avenue and O’Hara Avenue, for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-31340.

PREVIOUS ACTION
On May 16, 2006, by Resolution No. 06-32, Planning Commission confirmed that the proposed 2006/07 – 2010/11 Capital Improvement Program (“CIP”) is consistent with the adopted General Plan of the City of Brentwood as required by Section 65401 of the Government Code.

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. 336-31340.

BACKGROUND
The Lone Tree Way - Union Pacific Undercrossing will construct a grade separation underpass consisting of six travel lanes under the Union Pacific Railroad. It entails construction of a steel through girder or prestressed concrete box girder bridge structure and relocation of numerous existing wet or dry utilities, high pressure gas lines. This project will increase public safety by eliminating the current at-grade crossing, improve emergency response by improving the traffic flow, accommodate the widening to the west and anticipated 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.

The acquisition of a portion of the Taylor parcel is just one of the acquisitions required to construct this project to its ultimate improvements.

Due to the proximity to the undercrossing the current access to the Taylor parcel will no longer be viable. The City submitted the design of the undercrossing to the railroad and has received adequate input from the railroad to confirm the point that the roadway will daylight. Therefore, the City will be moving forward with acquiring the necessary right-of-way to provide access to the Taylor parcel to avoid incurring substantial costs, as the City would be obligated to purchase this parcel should it remain landlocked.

FISCAL IMPACT
The acquisition cost has been budgeted through the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-31340. The future annual Operating/Maintenance Cost has been estimated at $4,500 a year.

Attachments:
Resolution
Site Map/Project Map
Purchase Agreement


RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A PURCHASE AGREEMENT FOR A FEE PARCEL, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION INCLUDING ACCEPTANCE OF THE DEED, HEREBY ACCEPTING REAL PROPERTY ON BEHALF OF THE CITY WITH RICHARD TAYLOR, AN UNMARRIED MAN, FOR A PORTION OF REAL PROPERTY INDENTIFIED AS APN 018-080-16, GENERALLY LOCATED ON THE SOUTH SIDE OF LONE TREE WAY ADJACENT TO THE RAILROAD TRACKS BETWEEN FAIRVIEW AVENUE AND O’HARA AVENUE, FOR THE LONE TREE WAY – UNION PACIFIC UNDERCROSSING, CIP PROJECT NO. 336-31340 PREVIOUSLY 336-31340.


WHEREAS, on May 16, 2006, by Resolution No. 06-32, Planning Commission confirmed that the proposed 2006/07 – 2010/11 Capital Improvement Program (“CIP”) is consistent with the adopted General Plan of the City of Brentwood as required by Section 65401 of the Government Code; and

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. 336-31340; and

WHEREAS, real property generally located on the south side of Lone Tree Way between Fairview Avenue and O’Hara Avenue in the City of Brentwood, is needed for the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-31340; and

WHEREAS, a purchase agreement between the City of Brentwood and the vested property owner has been developed and is necessary to transfer property.

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 a Purchase Agreement for a fee parcel, and such other documents as may be needed to complete the transaction including acceptance of the Deed, hereby accepting real property on behalf of the City with Richard Taylor, an unmarried man, for a portion of real property identified APN 018-080-016, generally located on the south side of Lone Tree Way adjacent to the railroad tracks between Fairview Avenue and O’Hara Avenue, 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 24th day of April 2007 by the following vote:


 

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