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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 20


Meeting Date: April 24, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute an Agreement between Standard Pacific Corp., a Delaware corporation and the City of Brentwood for the acquisition of certain real property for street and other public purposes required for the Sand Creek Road Extension project, generally located at the intersection of the existing Sand Creek Road and Brentwood Boulevard between Brentwood Boulevard and Sellers Avenue.

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 an Agreement between Standard Pacific Corp. (“Developer”), a Delaware corporation and the City of Brentwood for the acquisition of certain real property for street and other public purposes required for the Sand Creek Road Extension project, generally located at the intersection of the existing Sand Creek Road and Brentwood Boulevard between Brentwood Boulevard and Sellers Avenue.

PREVIOUS ACTION
On September 13, 2005, by Resolution No. 2005-225, City Council approved Tentative Subdivision Map No. 8548, with conditions.

BACKGROUND
The approved Tentative Subdivision Map No. 8548, known as the Barrington Project, consists of approximately a 160-acre site being developed into 494 lots for single-family residential use. The Development Agreement and Condition of Approval Nos. 17, 19 and 20 requires that the Developer acquire the necessary right-of-way, install a traffic signal system and design and construct Sand Creek Road. Condition of Approval No. 17 states, that if the Developer is unable to acquire the necessary right-of-way, the Developer shall enter into a written agreement with the City, whereby the Developer shall pay or reimburse the City for all costs incurred by the City for the acquisition of the necessary rights-of-way.

Standard Pacific has informed the City that it has made every effort to acquire the necessary right-of-way per their Conditions; however, has not been able to come to a mutual agreement with the vested property owner for Sand Creek Road. By entering into this agreement with the City the Developer has satisfied one of the items outlined in the above terms of the Development Agreement and Conditions.

Upon Approval and execution of this agreement, staff will initiate the rights-of-way acquisition for this Sand Creek Road extension project.



FISCAL IMPACT
As required under the agreement the Developer had made an initial deposit of $50,000, to cover staff time, legal fees, appraisal and acquisition costs. Additional funds will be deposited if and when necessary upon request by the City.

Attachments:
Resolution
Project Site Map
Agreement

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT BETWEEN STANDARD PACIFIC CORP. (“DEVELOPER”), A DELAWARE CORPORATION AND THE CITY OF BRENTWOOD FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR STREET AND OTHER PUBLIC PURPOSES REQUIRED FOR THE SAND CREEK ROAD EXTENSION PROJECT, GENERALLY LOCATED AT THE INTERSECTION OF THE EXISTING SAND CREEK ROAD AND BRENTWOOD BOULEVARD BETWEEN BRENTWOOD BOULEVARD AND SELLERS AVENUE.


WHEREAS, on September 13, 2005, by Resolution No. 2005-225, City Council approved Tentative Subdivision Map No. 8548, with conditions; and

WHEREAS, the Development Agreement and Condition of Approval Nos. 17, 19 and 20 requires that the Developer acquire the necessary right-of-way, install a traffic signal system and design and construct Sand Creek Road; and

WHEREAS, the Developer has informed the City that it has made every effort to acquire the necessary right-of-way per their Conditions, but has not been able to come to a mutual agreement with the vested property owner for Sand Creek Road; and

WHEREAS, Condition of Approval No. 17 states, that if the Developer is unable to acquire the necessary right-of-way, the Developer shall enter into a written agreement with the City, whereby the Developer shall pay or reimburse the City for all costs incurred by the City. The Developer shall pay all costs in excess of the costs authorized by the City’s Development Fee Program.

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 an Agreement between Standard Pacific Corp., a Delaware corporation and the City of Brentwood for the acquisition of certain real property for street and other public purposes required for the Sand Creek Road Extension project, generally located at the intersection of the existing Sand Creek Road and Brentwood Boulevard between Brentwood Boulevard and Sellers Avenue.

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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