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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: December 9, 2008

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute two Grant of Easements and any necessary related documents with Trilogy Vineyards, LLC for air space over Fairview Avenue south of Balfour Road for golf cart/pedestrian bridges.

Prepared by: Paul Eldredge, Assistant City Engineer

Submitted by: Bailey Grewal, Director of Public Works/City Engineer

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute two Grant of Easements, and such other documents as may be needed to complete the transaction to hereby convey two easements over City owned property to Trilogy Vineyards, LLC, a California limited liability company, for air space over Fairview Avenue south of Balfour Road for golf cart/pedestrian bridges.

PREVIOUS ACTION
None.

BACKGROUND
On May 19, 1992, the Planning Commission by Resolution No. 92-24, approved Tentative Subdivision Map No. 7642 by Blackhawk Corporation subject to Conditions of Approval, which included the property currently owned by Trilogy Vineyards, LLC, described in the attached Grant of Easement. Condition of Approval Number B.7 required the developer assigns or successor to construct golf-cart grade separated crossings. To comply with that condition, the developer, at its sole cost and expense, constructed two golf cart/pedestrian bridges at two separate locations over that portion of the City street known as Fairview Avenue. The bridges were constructed in a good and workman-like manner by licensed contractors in accordance with the condition and all applicable plans, specifications and requirements of City. The footings of the bridges are on the developer’s property and the bridges are located in the air space above Fairview Avenue. City staff and Trilogy Vineyards staff discovered that the necessary easements for the air space was never developed and processed.

City desires to grant to Trilogy Vineyards the two air space easements over Fairview Avenue to enable the maintenance and use of the bridges. As a condition of that easement, City desires Trilogy Vineyards, assigns or successor to agree to maintain the bridges and Trilogy Vineyards is willing to do so.

The action being requested by staff today should be considered a housekeeping issue to finalize the necessary easements required for the two existing golf cart/pedestrian bridges over Fairview Avenue.

FISCAL IMPACT
None.

Attachments:
Resolution
Site Map
Grant of Easements (Golf Cart Bridge – North and South)

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE TWO GRANT OF EASEMENTS, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION TO HEREBY CONVEY TWO EASEMENTS OVER CITY OWNED PROPERTY TO TRILOGY VINEYARDS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR AIR SPACE OVER FAIRVIEW AVENUE SOUTH OF BALFOUR ROAD FOR TWO GOLF CART/PEDESTRIAN BRIDGES.


WHEREAS, On May 19, 1992, the Planning Commission of the City of Brentwood by Resolution No. 92-24, approved Tentative Subdivision Map No. 7642 by Blackhawk Corporation subject to Conditions of Approval, which included the property currently owned by Trilogy Vineyards, LLC.; and

WHEREAS, the developer constructed; and installed two golf cart/pedestrian bridges over that portion of the City street known as Fairview Avenue as required by Condition of Approval Number B.7 of Tentative Subdivision Map No. 7642; and

WHEREAS, an air space easement over Fairview Avenue to enable the maintenance and use of the two golf cart/pedestrian bridges is necessary; and

WHEREAS, two Grant of Easements between the City of Brentwood and the vested property owner, have been developed and are necessary to convey golf cart/pedestrian bridge easements for air space over that portion of the City street known as Fairview Avenue.

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 two Grant of Easements, and such other documents as may be needed to complete the transaction to hereby convey two easements over City owned property to Trilogy Vineyards, LLC, a California limited liability company, for air space over Fairview Avenue south of Balfour Road for two golf cart/pedestrian bridges.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of December 2008 by the following vote:
 
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