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Current Council Agenda and Past Meeting Information

 
CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: August 12, 2008

Subject/Title: (1) Adopt a Resolution of Summary Vacation for a portion of the previous aligned Chestnut Street, reserving a public utility easement; (2) Adopt a Resolution approving and authorizing the City Manager or designee to execute a Grant Deed to incorporate the new aligned Chestnut Street and Oak Street into the public roadway system, and execute a Grant Deed to establish a legal description for the two remaining areas on the east and west side of the new realigned Chestnut Street.

Prepared by: Paul Eldredge, Assistant City Engineer
Submitted by: Bailey Grewal, Director of Public Works/City Engineer

RECOMMENDATION
(1) Adopt a Resolution of Summary Vacation, pursuant to State of California Streets and Highways Code, Division 9, Part 3, Chapter 4, summarily vacating a portion of Chestnut Street (previous alignment) and reserving a Public Utility Easement over the south fifteen feet (15 ft.) of the vacated area;

(2) Adopt a Resolution approving and authorizing the City Manager or designee to perform the following actions: (1) execute a Grant Deed and such other documents as may be needed to complete the transaction to incorporate the new alignment of Chestnut Street and Oak Street into the public roadway system, hereby conveying real property from the City of Brentwood to the City of Brentwood for roadway purposes; (2) execute a Grant Deed and such other documents as may be needed to complete the transaction to establish a legal description for the two remaining areas on the east and west side of the new realigned Chestnut Street, hereby conveying the real property from the City of Brentwood to the City of Brentwood for public use.

PREVIOUS ACTION
On February 25, 2003, by Resolution No. 2796, City Council approved a Purchase Agreement with Joseph G. Castello and Marjorie L. Castello, generally located outside the City limits west of Sellers Avenue and north of Chestnut Street, for the Oak Street Extension, Non-Potable Water Distribution System Phase I, CIP Project No. 592-59120 and Zone l Equalization Storage Reservoirs – Phase 1 – 6.

On September 2, 2003, Planning Commission approved Resolution No. 01-53, Condition of Approval for residential Subdivision No. 8424 requiring the realignment of a portion of Chestnut Street and the extension of Oak Street.

On May 27, 2008 by Resolution No. 2008-137, City Council adopted the City’s 2008/09 – 2012/13 Capital Improvement Program (“CIP”), which included the Zone l Equalization Storage Reservoirs, CIP Project No. 562-56380.

BACKGROUND
The Oak Street extension project extended the existing Oak Street/Chestnut Street easterly 2,800 linear feet to Sellers Avenue. The project included sewer, storm drain, fiber optic and a non-potable waterline. The extension and realignment was a condition of approval for the proposed 253 residential Subdivision No. 8424 to the immediate west of the Castello property. The acquisition of the Castello property realigned Oak Street and Chestnut Streets making a “T” intersection. This extension improved east-west circulation through the City, and improved access and vitality to the downtown business district.

The Non-Potable Water Distribution System project was required as a part of the City’s urban water conservation plan and maximized the reuse and disposal of tertiary treated effluent from the City’s Wastewater Treatment Plant (“WWTP”). Installation of this line allowed the City to reclaim non-potable water throughout the City to provide reclaimed water for irrigation of golf courses, parks, parkways, medians and other applicable uses.

In order to construct the projects described above the City purchased a parcel from the Castellos. Since the legal description attached to the Deed from the Castellos at that time did not provide legal descriptions for each individual use, but rather was for the area as a whole, the purpose of the requested actions are: (1) to summarily vacate that portion of Chestnut Street that is no longer being used for roadway purposes, but is still shown on the County’s Assessor’s Map as a roadway; (2) to incorporate the actual alignment of the two roads into the public roadway system which in turn will allow the County’s Assessor’s Map to correctly show the alignment of the roads to the public; and (3) to establish a legal description for each remaining area. These remnants will be used for the proposed Zone l Equalization Storage Reservoirs in the future.

Staff’s analysis finds that the area being vacated for roadway purposes does not impact the City’s needs due to the relocation of Chestnut Avenue and that it complies with all the requirements of the State of California Streets and Highways Code, Division 9, Part 3, Chapter 4, in that the street has been superseded by relocation. An easement for Public Utilities is being reserved over the south fifteen feet (15 ft.) of the vacated portion of Chestnut Street and the area will be incorporated into the legal description being established for the proposed Zone l Equalization Storage Reservoirs.

The action being requested by staff should be considered a housekeeping issue.

FISCAL IMPACT
None.

Attachments:
Resolution – Summary Vacation of Chestnut Street
Exhibit A
Resolution
Site Map
Grant Deeds (3)

RESOLUTION NO.

A RESOLUTION OF SUMMARY VACATION PURSUANT TO STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE, DIVISION 9, PART 3, CHAPTER 4, SUMMARILY VACATING A PORTION OF CHESTNUT STREET (PREVIOUS ALIGNMENT) AND RESERVING A PUBLIC UTILITY EASEMENT OVER THE SOUTH FIFTEEN FEET (15 FT.) OF THE VACATED AREA.

WHEREAS, on September 2, 2003, Planning Commission approved Resolution No. 01-53, Condition of Approval for residential Subdivision No. 8424 requiring the realignment of a portion of Chestnut Street and the extension of Oak Street, which improved east-west circulation through the City, and improved access and vitality to the downtown business district; and

WHEREAS, the portion of Chestnut Street described in Exhibit “A” is no longer necessary for roadway purposes as it has been superseded by relocation of the roadway; and

WHEREAS, the City intends to reserve a Public Utility Easement over/across the south fifteen feet (15 ft.) of the vacated area.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood;

1. The City Council hereby finds as follows:

a. That portion of Chestnut Street described in Exhibit “A” has been superseded by relocation of Chestnut Street to the northwest of the vacated portion.

b. The relocated Chestnut Street does not cut off access to any person’s property that, prior to relocation, adjoined said Chestnut Street.

c. The relocation of Chestnut Street does not terminate any public service easements since the City will reserve a public utility easement over the south fifteen feet (15 ft.) of the vacated portion of Chestnut Street.

d. This Resolution is prima facie evidence of the facts stated above.

2. The City Council hereby Summarily Vacates, pursuant to State of California Streets and Highways Code, Division 9, Part 3, Chapter 4, Section 8330, that portion of Chestnut Street described in Exhibit “A”, reserving and excepting from the vacation a public utility easement over, under or upon the south fifteen feet (15 ft.) of this area for the purpose of constructing, maintaining, operating, replacing, removing and renewing sanitary sewers and storm drains and appurtenant structures and any other public utilities.

3. From and after the date of recordation of this Resolution, that portion of Chestnut Street no longer constitute a public street.

4. A certified copy of this Resolution shall be recorded in the Official Records of Contra Costa County. The City Council further authorizes the execution and recordation of a Grant Deed confirming the vacation and reservation of a Public Utility Easement.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of August 2008 by the following vote:

RESOLUTION NO.

ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO PERFORM THE FOLLOWING ACTIONS: (1) EXECUTE A GRANT DEED AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION TO INCORPORATE THE NEW ALIGNMENT OF CHESTNUT STREET AND OAK STREET INTO THE PUBLIC ROADWAY SYSTEM, HEREBY CONVEYING REAL PROPERTY FROM THE CITY OF BRENTWOOD TO THE CITY OF BRENTWOOD FOR ROADWAY PURPOSES; AND (2) EXECUTE A GRANT DEED AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION TO ESTABLISH A LEGAL DESCRIPTION FOR THE TWO REMAINING AREAS ON THE EAST AND WEST SIDE OF THE NEW REALIGNED CHESTNUT STREET, HEREBY CONVEYING THE REAL PROPERTY FROM THE CITY OF BRENTWOOD TO THE CITY OF BRENTWOOD FOR PUBLIC USE.


WHEREAS, on February 25, 2003, City Council adopted Resolution No. 2796, approving a Purchase Agreement with Joseph G. Castello and Marjorie L. Castello, generally located outside the City limits west of Sellers Avenue and north of Chestnut Street, for the Oak Street Extension, Non-Potable Water Distribution System Phase I, CIP Project No. 592-59120 and Zone l Equalization Storage Reservoirs – Phase 1 – 6; and

WHEREAS, a Grant Deed is necessary to incorporate the actual alignment of Chestnut Street and Oak Street into the public roadway system, which in turn will allow the County’s Assessor’s Map to correctly show the alignment of the roads to the public; and

WHEREAS, a Grant Deed is necessary to establish a legal description for each remaining area that will be required when the City moves forward with the underground storage facilities in the future.

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 perform the following actions: (1) execute a Grant Deed and such other documents as may be needed to incorporate the new alignment of Chestnut Street and Oak Street into the public roadway system, hereby conveying real property from the City of Brentwood to the City of Brentwood for roadway purposes; and (2) execute a Grant Deed and such other documents as may be needed to establish a legal description for the two remaining areas on the east and west side of the new realigned Chestnut Street, hereby conveying the real property from the City of Brentwood to the City of Brentwood for public use.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of August 2008 by the following vote:
 
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