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 CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: February 26, 2008
Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute a Purchase Agreement and any necessary related documents with Contra Costa County Flood Control and Water Conservation District for a portion of real property, generally located on the north side of Grant Street at Lone Oak Road, for the Grant Street School Infrastructure Improvements, CIP Project No. 336-31460.

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 two easements, and such other documents as may be needed to complete the transaction including acceptance of the Grant Deed and two Easement Deeds, hereby accepting real property on behalf of the City with Contra Costa County Flood Control and Water Conservation District (“Flood Control”), a political subdivision of the State of California for a portion of real property, generally located on the north side of Grant Street at Lone Oak Road, for the Grant Street School Infrastructure Improvements, CIP Project No. 336-31460.

PREVIOUS ACTION
On June 5, 2007, by Resolution No. 07-043, Planning Commission found that the proposed 2007/08 – 2011/12 Capital Improvement Program (“CIP”) is consistent with the adopted General Plan of the City of Brentwood as required by Sections 65402 and 65403 of the Government Code.

On June 12, 2007, by Resolution No. 2007-126, City Council adopted the City’s 2007/08 – 2011/12 Capital Improvement Program that included the Grant Street School Infrastructure Improvements, CIP Project No. 336-31460.

BACKGROUND
Due to new development in the north Brentwood area and the accelerated construction and opening of Grant Street Elementary School in 2005, it was critical for the City to move forward quickly with the infrastructure required to support that area. The widening of Grant Street and the installation of all the utilities were accomplished by the issuance of an Encroachment Permit by Flood Control, with the understanding that the City would secure permanent property rights upon the conclusion of the improvements. Now that all improvements are complete and are acceptable by Flood Control, staff recommends that we move forward with finalizing the right-of-way for this project.

The acquisition of a portion of the Flood Control parcel is necessary due to the existence of public utilities, potable and non-potable waterlines and a portion of Grant Street on Flood Control’s property.

FISCAL IMPACT
The acquisition cost has been budgeted through the Grant Street School Infrastructure Improvements, CIP Project No. 336-31460.

Attachments:
Resolution
Site Map/Project Map
Purchase Agreement
Grant Deed (Grant Street)
Grant of Easement (Public Utilities)
Grant of Easement (Potable and Non-Potable Waterlines)

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 TWO EASEMENTS, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION INCLUDING ACCEPTANCE OF THE GRANT DEED AND TWO EASEMENT DEEDS, HEREBY ACCEPTING REAL PROPERTY ON BEHALF OF THE CITY WITH CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA FOR A PORTION OF REAL PROPERTY, GENERALLY LOCATED ON THE NORTH SIDE OF GRANT STREET AT LONE OAK ROAD, FOR THE GRANT STREET SCHOOL INFRASTRUCTURE IMPROVEMENTS, CIP PROJECT NO. 336-31460.

WHEREAS, on June 5, 2007, by Resolution No. 07-043, Planning Commission found that the proposed 2007/08 – 2011/12 Capital Improvement Program is consistent with the adopted General Plan of the City of Brentwood as required by Sections 65402 and 65403 of the Government Code; and

WHEREAS, on June 12, 2007, by Resolution No. 2007-126, City Council adopted the City’s 2007/08 – 2011/12 Capital Improvement Program that included the Grant Street Infrastructure Improvement, CIP Project No. 336-31460; and

WHEREAS, real property generally located on the north side of Grant Street at Lone Oak Road in the City of Brentwood, is needed for the Grant Street School Infrastructure Improvements, CIP Project No. 336-31460; and

WHEREAS, a purchase agreement between the City of Brentwood and the vested property owner, has been developed and is necessary to transfer property for roadway purposes, easements for utilities, potable and non-potable waterlines.

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 two easements, and such other documents as may be needed to complete the transaction including acceptance of the Grant Deed and two Easement Deeds, hereby accepting real property on behalf of the City with Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California for a portion of real property generally located on the north side of Grant Street at Lone Oak Road, for the Grant Street School Infrastructure Improvements, CIP Project No. 336-31460.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of February 2008 by the following vote:
 
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