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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 18


Meeting Date: April 24, 2007
Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute a Purchase Agreement and any necessary related documents with East Contra Costa Irrigation District for a portion of real property, generally located on the south side of Lone Tree Way 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 East Contra Costa Irrigation District (“ECCID”), an Irrigation District as successor in interest to the Lone Tree Irrigation District, for a portion of real property generally located on the south side of Lone Tree Way between Fairview Avenue and O’Hara Avenue, for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-31340.

PREVIOUS ACTION
On October 26, 2004, by Resolution No. 2004-246, City Council approved and authorized the execution of the Purchase Agreement for a fee parcel, with ECCID for a portion of real property generally located on the south side of Lone Tree Way between Fairview Avenue and O’Hara Avenue, for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-31340.

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 an underpass consisting of six travel lanes under the Union Pacific Railroad. This project will improve the traffic flow, accommodate the widening to the west and anticipated to the east.

The portion of ECCID’s property purchased on October 26, 2004 was only for the right-of-way necessary for the widening of Lone Tree Way. It was understood that at a later date the City would need to acquire additional right-of-way from ECCID in order to provide access to six parcels to the west, due to their proximity to the undercrossing. Their current access would no longer be viable and cause these six parcels to be landlocked. 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 is now ready to move forward with acquiring the necessary right-of-way to provide access to these properties.

The acquisition of a portion of the ECCID parcel is necessary to provide access to these parcels and to avoid the City incurring substantial costs, as the City would be obligated to purchase these parcels should they remain landlocked.

FISCAL IMPACT
The acquisition cost has been budgeted through the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-31340.

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 EAST CONTRA COSTA IRRIGATION DISTRICT (“ECCID”), AN IRRIGATION DISTRICT AS SUCCESSOR IN INTEREST TO THE LONE TREE IRRIGATION DISTRICT, FOR A PORTION OF REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF LONE TREE WAY BETWEEN FAIRVIEW AVENUE AND O’HARA AVENUE, FOR THE LONE TREE WAY – UNION PACIFIC UNDERCROSSING, CIP PROJECT NO. 336-31340.

WHEREAS, on October 26, 2004, by Resolution No. 2004-246, City Council approved and authorized the execution of the Purchase Agreement for a fee parcel, with ECCID for a portion of real property generally located on the south side of Lone Tree Way between Fairview Avenue and O’Hara Avenue, for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-31340; and

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, six parcels will be landlocked when Lone Tree Way is constructed under the railroad and the City is obligated to provide new access to said parcels; and

WHEREAS, a purchase agreement between the City of Brentwood and the vested property owner, ECCID has been developed and is necessary to transfer property to provide new access to said parcels.

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 East Contra Costa Irrigation District, an Irrigation District as successor in interest to the Lone Tree Irrigation District, for a portion of real property generally located on the south side of Lone Tree Way 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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