Agenda packet — Brentwood City Council, May 14, 2024 (part 2 of 2)

Appendix - Org Chart & Resumes | 33
Morris Shaffer Engineering LLP Firm Profile

MORRIS SHAFFER ENGINEERING, LLP ● 1300 INDUSTRIAL ROAD, SUITE 14, SAN CARLOS, CA 94070 (650)595-2973 FAX (650)595-2980
[email protected]
Key Personnel
Robert Shaffer, PE - Partner and Principal
Robert Shaffer worked in his own firm for 20 years which included contract work for Morris Engineering before forming a partnership, Morris Shaffer Engineering LLP, with Ron Morris in 2016. He has a diverse background that is reflected in the types of projects that he has completed. Some background experiences include concrete tilt-up design and construction, agricultural buildings, extensive background in residential design and construction, commercial buildings. He has over 25 years of experience providing structural design services. His area of expertise includes light commercial and industrial facilities, residential design and construction, agricultural buildings, cold formed steel design, aluminum design and seismic retrofit of existing structures.

Outside of work, Robert can be found backpacking and photographing in summer and skiing in winter.

Education - Bachelor of Science, Civil Engineering, California Polytechnic State University, Pomona, California Sara Aukes, PE - Partner and Principal
Sara Aukes received her BS in Civil Engineering with a minor in Geological Sciences from Northwestern University in 2003. In the years following her graduation from college, she worked for 2 major Bay Area structural engineering firms while gaining experience in obtaining her California EIT and PE licensure. In 2007 she started her tenure at Morris Engineering and joined the partnership of Morris Shaffer Engineering in 2016. Her focus is on residential design where she equally relishes the challenges that come with designing high-end Pebble Beach residences and remodel work for creating reimagined spaces for traditional homes on a budget.

Outside of work, Sara can be found running, traveling and spending time with her husband and 3 sons.

Education - Bachelor of Science in Civil Engineering, Northwester State University, Evanston, Illinois Kerry MacDonald, PE, SE - Partner and Principal
Kerry MacDonald joined Morris Shaffer in 2018 and became a Partner in 2019. She has over 25 year of work experience, including stints in estimating at a large general contracting company and design at a space launch startup. She brings a large variety of project experience to Morris Shaffer including education, commercial, retrofit, industrial, rigging, and residential. Her focus at Morris Shaffer is entertainment and commercial projects. She is well versed in a variety of construction materials including steel, concrete, CMU, wood, and aluminum.

Outside of work, Kerry can be found traveling, cooking and spending time with her husband and 2 daughters.

Education - Bachelor of Science in Civil Engineering, University of California at Irvine Geoffrey Clifford, PE, SE - Principal
Geoffrey Clifford was born Newcastle, Australia, receiving his education through college and beginning his career in Structural Engineering there before relocating to the San Francisco Bay area, obtaining experience with local design firms before gaining his California PE and SE licensure. In 1989 he became one of the founding partners of BCA, eventually becoming the sole Principal of BCA Structural Engineering Inc. In 2023, BCA merged with Morris Shaffer Engineering whereby Geoff became a Principal at Morris Shaffer. Geoffrey has extensive experience in public, institutional, education, commercial, and residential building design. His thorough analysis of building structures allows him to quickly deliver design solutions to clients while expediting their approval through Building Departments and various other government agencies. Geoffrey possesses a comprehensive knowledge of the latest structural advances involving design, allowing him to effectively support creative architectural solutions on all projects that he is involved with.

Outside of work, Geoff can be found golfing and spending time with his family.

Education - Bachelor of Science, Structural Engineering, Sydney Technical College, Sydney, Australia

DocuSign Envelope ID: 906990F2-2BF7-4EA8-935A-5519603CBFB0 Exhibit "C" - Proposal

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34 | Advance Design Consultants, Inc.

MISSION ENGINEERS, INC. Planning
Responsive Reliable Results Since 1953 Land Surveying
Civil Engineering
Construction Staking
2355 De La Cruz Blvd., Santa Clara, California 95050-3107 (408)727-8262 Fax (408)727-8285 www.missionengineersinc.com Daniel Nunes, P.E., L.S.

Principal, President
Mission Engineers, Inc.

Mr. Nunes is responsible for directing the professional and technical staff assigned to the various engineering and surveying projects at Mission Engineers, Inc., and the certification of the final construction plans and survey maps. In addition, Mr. Nunes is responsible for coordination and gaining approvals from city, county, state and federal agencies and utility companies.

REGISTRATION
Professional Civil Engineer
California Registration No. 76449, Expires 12/31/24
Professional Land Surveyor
California Registration No. 9212, Expires 12/31/25

EDUCATION
Santa Clara University
Bachelor of Science – Civil Engineering Degree, 2003

CAREER HISTORY
2002 - Present Mission Engineers, Inc., Santa Clara, CA 1998-2000 JDR Microdevices, Inc, San Jose, CA
Quality Control & Staff Direction
DocuSign Envelope ID: 906990F2-2BF7-4EA8-935A-5519603CBFB0 Exhibit "C" - Proposal

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Appendix - Org Chart & Resumes | 35
RESUMÉ

JASON VAN ZWOL, PE, GE
Vice President – Chief Engineer
Education Bachelor of Science, Civil Engineering, San Jose State University, 1977 Master of Science, Civil Engineering (with concentration in Geotechnical), San Jose State University, 1980
Professional Civil Engineer: California (1981)
Registrations Geotechnical Engineer: California (1987)
Professional American Society of Civil Engineers, Geotechnical Institute Affiliations Seismological Society of America
Geoprofessional Business Association
American Council of Engineering Companies - California
Experience:
1988 – Present: Chief Engineer, BAY AREA GEOTECHNICAL GROUP, San Jose, California: As one of the founding owners of the firm, Mr. Van Zwol has responsibility for company-wide quality control of engineering methods and practices, as well as being the Responsible Engineer in Charge for the laboratory materials testing. He also performs, directs, and/or reviews geotechnical investigations, construction monitoring, and materials testing services provided by the firm.

He has extensive experience in the design and construction phases of major commercial, industrial and infrastructure projects in various soil and bedrock conditions found throughout the San Francisco Bay Area, including soft Bay Mud, alluvial soils, hillsides, landslides, expansive soils and bedrocks, and hard bedrock. He also provides ground motion hazard and site response analyses for significant projects throughout the Bay Area.
1983-88 Successively Project Engineer, then Supervisory Engineer, COOPER ENGINEERS, Redwood City, California.
1977-83 Staff Engineer, PSC ASSOCIATES, Mountain View, California.

DocuSign Envelope ID: 906990F2-2BF7-4EA8-935A-5519603CBFB0 Exhibit "C" - Proposal

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36 | Advance Design Consultants, Inc.

Professional Profile
John Potis, RLA
Senior Associate Landscape
Architect
CA Professional RLA #4790
[email protected]
John Potis provides over 35-years of professional landscape architecture and civil engineering experience. He has extensive experience in civic, public works, institutional, recreational and transportation design projects. He brings a passion for formulating sustainable urban open spaces with interesting and enjoyable amenities that are safe, accessible. He has several specialized areas of expertise: sustainable eco efficient design, water conservation, storm water management, high use public space and vandal resistant design, and ADA guidelines and regulatory compliance. John has managed many public improvement projects ranging widely in size and complexity. He has successfully led projects from site feasibility studies and site design through construction documents and administration. He is experienced in identifying and meeting project scheduling and budget constraints. He works effectively with multiple project stakeholders, clients, and governmental agencies to reach consensus and support collaborative design.

Education,
Affiliations and
Credentials:

BA Landscape Architecture, BS Natural Resources, Ball State University, Muncie, Indiana Graduate School of Landscape Architecture, Ball State University, Muncie, Indiana California Professional Registered Landscape Architect, License #4790 ReScape (Bay Friendly) Qualified Professional
Relevant Experience
Sunnyvale Cleanwater
Center, Administration
and Laboratory Building,
Sunnyvale, CA
Landscape Project Manager. The new Administration and Laboratory Building project will house administration, outreach, operations, and laboratory at the existing Cleanwater Center on the edge of the San Francisco Bay. John led the MMP design team in responsibilities including coordination of grading for pedestrian access and pedestrian pavement layout and detailing for decorative pavements and outdoor classroom facilities, and stormwater management. The planting and irrigation design creates a vibrant educational context highlighting California native plants adapted to environment and tolerant to recycled water.

John assisted with site features: monument signage, fencing, lighting, and furniture.

Monterey Advanced
Water Treatment Facility,
Monterey Regional Water
Pollution Control Agency,
Monterey, CA
Landscape Project Manager. The Monterey Regional Water Pollution Control Agency, as a part of the Pure Water Monterey Groundwater Replenishment Project, expanded their existing wastewater treatment plant to provide high quality recycled water. MMP developed the site restoration plan to reintroduce native plantings to this industrial facility utilizing construction and plant establishment techniques that do not require harmful chemical pesticides and fertilizers that can negatively impact water quality. This facility is to be a role model for other similar facilities and provide educational tours to schools and environmental organizations.

SFIA Mel Leong Industrial
Waste Treatment Plant,
San Francisco, CA
Landscape Project Manager for the SFIA Mel Leong Industrial Waste Treatment Plant, John’s responsibilities and challenges included developing a low maintenance landscape utilizing California native plants that are adapted to an industrial and coastal environment and would thrive on the use of reclaimed water for irrigation. Project programming included the design of a sheltered outdoor break area for employees to relax and socialize in an isolated and exposed area of the San Francisco International Airport.

Contra Costa Water
District, CCWD, Central
Maintenance Facility
Concord, CA
John Potis managed the construction documents for the CCWD expansion and landscape development for the new facility, which is an infill project within an existing office park. Visual access and landscape street frontage improvements were important to the client, as well as the incorporation of low water usage and bioswales in support of clean water policies.

Heritage Oak preservation was paramount in achieving development plan approvals form the City of Concord and environmental agencies.

PG&E 24-hour Distribution
Control Center,
Concord, CA
Landscape Project Manager. The facility provides24-hour power distribution services during disasters. The Landscape concept creates an attractive, functional, and sustainable design for the center’s employees and visitors. John provided planting and irrigation design that includes an outdoor eating area for employees. A gravel parking area was restored with plantings featuring California native plants arranged to enhance the aesthetics of the surroundings and aid in facility security, coordinated with storm water mitigation systems and other utility infrastructure. All plants were chosen for low maintenance and low water use, conform to Water Efficient Landscape Ordinance (WELO) requirements. LEED Silver.

DocuSign Envelope ID: 906990F2-2BF7-4EA8-935A-5519603CBFB0 Exhibit "C" - Proposal

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Appendix - Price Proposal | 37
998 Park Avenue San Jose, CA 95126
P: 408.297.1881 | F: 408.294.3186
www.adcengineers.com

REV21

CHARGE HOURLY RATE SCHEDULE
Effective January 1st Through December 31st, 2024
Item Discipline Billing Rate
0001 Principal/Senior Manager $260.00
0002 Project Manager $200.00
0003 Cost Estimator $175.00
0004 Architect $220.00
0005 Architect‐Designer $180.00
0006 Structural Engineer $220.00
0007 Structural Designer $180.00
0008 Mechanical Engineer $190.00
0009 Mechanical Designer $155.00
0010 Electrical Engineer $190.00
0011 Electrical Designer $155.00
0012 Civil Engineer $200.00
0013 Geotechnical Engineer $195.00
0014 Drafter $120.00
0015 Spec Writer $120.00
0016 Clerical $80.00
These hourly rates are based on personnel salaries, overhead, mark-up, and profit.

MISCELLANEOUS FEES
The following services are billed at 10% mark-up:
• Subcontracted services (including Consultants, Contractors, Legal, and materials). • Permit fees or filing fees advanced by us.
• Transportation, meals and lodging for overnight travel and incidental travel expenses. • Commercial delivery services, including Federal Express, Express Mail and Messenger Services. • Excessive long distance telephone calls, telegrams, and other costs directly applicable to the project. • Outside printing services.
• Additional project insurance.

MILEAGE....................................................................... $ .655/mile or Current allowable rate established by the IRS DocuSign Envelope ID: 906990F2-2BF7-4EA8-935A-5519603CBFB0 Exhibit "C" - Proposal

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38 | Advance Design Consultants, Inc. Appendix - Price Proposal | 39

PRINCIPAL PROJECT

MANAGER

ARCHITECT/

STRUCTURAL
/ CIVIL
SENIOR

ENGINEER
DESIGN

ENGINEER

REVIT/CADD

DESIGNER
CADD

DRAFTER/

PROJECT

COORDINATOR

CLERICAL TOTAL
HOURS
Kick-Off Meeting 2 2 6 0 0 0 0 4 14 $2,560
Mobilization / Programming / Scheduling 2 2 8 16 0 16 0 0 44 $7,960 Field Work / As-Built/ 3D Scan 0 4 8 0 16 0 16 0 44 $6,960 Architectural & Landscape Programming Phase 0 8 16 0 0 16 16 0 56 $9,280 Civil Programming Phase 0 0 16 0 0 0 8 0 24 $4,480
Structural Programming Phase 0 0 16 0 0 0 8 0 24 $4,480 Mechanical Programming Phase 0 0 0 8 0 0 0 0 8 $1,520
Electrical Programming Phase 0 0 0 8 0 0 0 0 8 $1,520
Plumbing Programming Phase 0 0 0 8 0 0 0 0 8 $1,520
ROM Cost Estimate 1 4 2 0 4 0 0 3 14 $2,360
Construction Specification 2 0 0 0 0 0 0 0 2$520
Quality Assurance/Control 2 4 0 0 0 0 0 0 6 $1,320
Programming Phase Review Meeting 1 1 2 0 0 0 0 0 4$900
Architectural & Landscape Schematic Design 0 0 32 0 0 30 16 0 78 $13,160 Civil Schematic Design 0 2 32 0 0 0 16 0 50 $9,360
Structural Schematic Design 0 0 32 0 0 0 24 0 56 $9,920 Mechanical Schematic Design 0 0 0 4 24 0 16 0 44 $6,400 Electrical Schematic Design 0 0 0 4 24 0 16 0 44 $6,400 Plumbing Schematic Design 0 0 0 4 16 0 8 0 28 $4,200
ROM Cost Estimate 2 4 0 0 4 0 0 0 10 $1,940
Construction Specification 0 0 0 0 0 0 0 0 0$0
Quality Assurance/Control 0 4 0 0 0 0 0 0 4$800
30% SD Review Meeting 1 2 2 0 2 0 0 0 7 $1,410
Architectural & Landscape Detailed Design 0 0 40 0 0 30 16 0 86 $14,920 Civil Detailed Design 0 2 24 0 0 0 16 0 42 $7,600
Structural Detailed Design 0 0 24 0 0 0 16 0 40 $7,200
Mechanical Detailed Design 0 0 0 4 16 0 8 0 28 $4,200
Electrical Detailed Design 0 0 0 4 16 0 8 0 28 $4,200
Plumbing Detailed Design 0 0 0 4 16 0 8 0 28 $4,200
ROM Cost Estimate 2 10 2 0 4 0 0 0 18 $3,580
Construction Specification 0 0 0 0 0 0 0 0 0$0
Quality Assurance/Control 2 4 0 0 0 0 0 0 6 $1,320
60% DD Review Meeting 1 2 2 0 2 0 0 0 7 $1,410
(PROGRAMMING PHASE)
0% (PROJECT KICK-OFF)
30% (SCHEMATIC DESIGN DEVELOPMENT)
60% (DETAILED DESIGN DEVELOPMENT)

ENGINEERING SERVICES
Fee Proposal to the City of Brentwood
Project: City of Brentwood Wastewater Treatment Plant Expansion

PERSONNEL

TASK TOTAL

VALUE TASK DESCRIPTION
DocuSign Envelope ID: 906990F2-2BF7-4EA8-935A-5519603CBFB0 Exhibit "C" - Proposal

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40 | Advance Design Consultants, Inc. Appendix - Price Proposal | 41 Architectural & Landscape Construction Design 0 0 24 0 0 8 0 0 32 $6,400 Civil Construction Design 0 0 24 0 0 0 16 0 40 $7,200
Structural Construction Design 0 0 24 0 0 0 16 0 40 $7,200 Mechanical Construction Design 0 0 0 4 16 0 8 0 28 $4,200 Electrical Construction Design 0 0 0 4 16 0 8 0 28 $4,200 Plumbing Construction Design 0 0 0 4 16 0 8 0 28 $4,200 ROM Cost Estimate 2 8 0 0 4 0 0 0 14 $2,740
Construction Specification 8 10 8 0 16 0 0 24 66 $10,240 Quality Assurance/Control 2 4 0 0 0 0 0 0 6 $1,320
90% CD Review Meeting 1 2 2 0 2 0 0 0 7 $1,410
Architectural & Landscape Construction Design 0 0 8 0 0 8 8 0 24 $3,840 Civil Construction Design 0 0 8 0 0 8 8 0 24 $3,840
Structural Construction Design 0 0 8 0 0 0 8 0 16 $2,720 Mechanical Construction Design 0 0 0 4 8 0 8 0 20 $2,960 Electrical Construction Design 0 0 0 4 8 0 8 0 20 $2,960 Plumbing Construction Design 0 0 0 4 8 0 8 0 20 $2,960
ROM Cost Estimate 2 4 0 0 4 0 0 0 10 $1,940
Construction Specification 2 4 4 0 8 0 0 16 34 $4,720
Quality Assurance/Control 2 4 0 0 0 0 0 0 6 $1,320
100% CD Review Meeting/ Permit Application/ Permit
Support/ Issue for Bid 1 8 4 0 4 0 6 0 23 $4,080
Punch Walk and Punch List 0 4 4 0 4 0 0 0 12 $2,300
Bid-Walk and RFI 0 4 4 0 4 0 0 0 12 $2,300
Submittal / RFI Review 4 8 16 0 16 0 0 16 60 $9,920
OAC Meetings 2 24 8 0 8 0 0 0 42 $8,320
Construction Support 2 6 8 0 8 0 0 0 24 $4,720
"As-Builts" and Close-Out 0 4 0 0 0 0 16 0 20 $2,720
Subtotal Hours 46 149 418 88 294 116 342 63
RATE $260 $200 $220 $190 $155 $140 $120 $80
PERSONNEL COST $11,960 $29,800 $91,960 $16,720 $45,570 $16,240 $41,040 $5,040 Soils Report
$2,000
(CONSTRUCTION ADMINISTRATION)
90% (CONSTRUCTION DESIGN DEVELOPMENT)
$19,000
100% (CONSTRUCTION DESIGN DEVELOPMENT/ISSUE FOR BID / PERMIT) $279,330

SUB-TOTAL
Load Reading

LUMP-SUM TOTAL
$258,330
DocuSign Envelope ID: 906990F2-2BF7-4EA8-935A-5519603CBFB0 Exhibit "C" - Proposal

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WWW.ADCENGINEERS.COM
PH: 408.297.1881
FAX: 408.294.3186
998 PARK AVE., SAN JOSE, CA 95126
DocuSign Envelope ID: 906990F2-2BF7-4EA8-935A-5519603CBFB0 Exhibit "C" - Proposal

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102
City of Brentwood 2023/24 – 2027/28 Capital Improvement Program Project Title: Project #:

Water and Wastewater Laboratory
Description/Justification:

This project will provide a new, larger laboratory for the water and wastewater systems. The existing laboratory which was constructed in 2002 is outdated and has outgrown its footprint. The building is not readily expandable. Constructing a new, larger laboratory and converting the existing laboratory to office space will provide laboratory space adequate for build-out conditions, and has the added benefit of eliminating the need to build additional office space.

Project Status:

This project is anticipated to begin design and construction in FY 2023/24.

Supplemental Information:

Completion of this project will provide adequate space and equipment for staff to perform the necessary analysis to satisfy water and wastewater system regulatory requirements. Funding for this project will be $1,200,000 from the Water Enterprise Fund and $1,800,000 from the Wastewater Enterprise Fund. The future annual O & M costs will be for general maintenance of the building/facility.

PROJECT EXPENDITURES Prior 2023/24 2024/25 2025/26 2026/27 2027/28 TOTAL 90040 Planning and Design 300,000 $ 300,000
90050 Construction 500,000 2,100,000 $ 2,600,000
90070 Project Administration 50,000 50,000 $ 100,000
TOTAL $ 2, 850,000 $ 150,000 $ 3,000,000
PROJECT FUNDING Prior 2023/24 2024/25 2025/26 2026/27 2027/28 TOTAL 47 - Var Enterprise 850,000 2,150,000 $ 3,000,000
TOTAL $ 2, 850,000 $ 150,000 $ 3,000,000

PROJECT FINANCING CURRENT PROPOSED
Project Category: Wastewater Improvements
Location: 2251 Elkins Way
Project Manager: P. McKinney
Project Priority: 2C - Necessary
Est. Completion Date: 2024/25
Future Annual
O & M Impact: $10,000
Public Art
Requirement: Exempt
General Plan Policy: IF 1-1, IF 2-2
592-59207

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CITY COUNCIL AGENDA ITEM NO. E.9
05/14/2024
SUBJECT: Purchase and Sale Agreement with Nunn Family (No.2) Limited Partnership for utility easements to service the Innovation Center @ Brentwood.

DEPARTMENT: City Manager
STAFF: Darin Gale, Assistant City Manager
Ricardo Noguera, Economic Development Manager
Debra Galey, Senior Analyst, Engineering

TITLE/RECOMMENDATION
Adopt a resolution approving and authorizing the City Manager, or designee, in coordination with the City Attorney, to execute an Agreement for Purchase and Sale of Easement Rights, in substantial conformance with the attached Agreement, with Nunn Family (No.2) Limited Partnership, for a portion of APNs 019-081-023 and 019- 081-024, to acquire utility easements necessary for CIP Project No. 336-31695, Innovation Center @ Brentwood Infrastructure (“Project”) for $193,904, and authorizing execution of other documents as necessary to complete the right-of-way transaction.

FISCAL IMPACT
Appraisals have been prepared to determine the current market value of the 26,613 square feet of Public Utility Easements and 14,744 square feet of Temporary Construction Easements. The total agreement amount is $193,904 and the budget for this Project expenditure is included in the 2023/24-2027/28 Capital Improvement Program. The Project is funded by the Capital Infrastructure Fund and Development Impact Fees. There is no General Fund impact associated with this specific action.

Any ongoing maintenance costs associated with improvements subsequently constructed will be budgeted for in future General Fund Operating Budgets.

BACKGROUND
At the direction of the City Council, staff has been working to obtain the real property rights necessary to realize the Innovation Center @ Brentwood vision. Acquisition of permanent easements for the utilities, and temporary construction easements for the related construction work of the utilities will help facilitate the development of the Innovation Center @ Brentwood (formerly PA-1) by allowing the extension of utilities

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CITY COUNCIL AGENDA ITEM NO. E.9
05/14/2024
from Empire Avenue to the west side of State Route 4. The Innovation Center @ Brentwood is intended to be predominately developed with a mixture of uses that generate jobs, including regional and general commercial, professional office, business park and light industrial uses. As a result of this General Plan designation, acquisition of easements for the extension of public utilities is therefore important to the City’s future growth and economic development. Bringing necessary infrastructure to the region will support development into the vital area as it is planned. Construction of utilities is anticipated to begin in late 2024.

The Purchase and Sale Agreement considered in this item will facilitate the City’s acquisition of 26,613 square feet of Public Utility Easements and 14,744 square feet of Temporary Construction Easements for $193,904.

CITY COUNCIL STRATEGIC INITIATIVE
Acquisition of easements and subsequent construction of utilities furthers Strategic Plan FY2022/23-FY2023/24, Focus Area 1: Public Works, Goal 1 – Transportation, a.

Construct Innovation Center infrastructure.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Necessary CEQA findings will be made upon completion of construction plan design and prior to construction.

ALTERNATIVE OPTION(S)

1. Do not approve the Agreement for Purchase and Sale of Easement Rights and no utilities will be constructed in the area.

2. Direct staff to further negotiate with the property owner for easements.

ATTACHMENT(S)

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CITY COUNCIL AGENDA ITEM NO. E.9
05/14/2024

1. Previous Action

2. Easement Exhibit

3. Resolution

4. Agreement for Purchase and Sale of Easement Rights

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ATTACHMENT 1 – PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On November 13, 2018, by Resolution No. 2018-159, the City Council adopted the Priority Area One Specific Plan (Innovation Center @ Brentwood) including a Circulation Network of public roadways and further updated the Plan October 25, 2022.

On December 14, 2021, by Resolution No. 2021-148, the City Council approved an Agreement for Right of Way and Title Services with Bender Rosenthal, Inc., for various Capital Improvement Projects.

On June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/2024 – 2027/2028 Capital Improvement Program, which included the utilities for the Innovation Center @ Brentwood area.

On December 12, 2023, the City Council provided to staff, parameters for negotiating with property owners to obtain Innovation Center @ Brentwood utility easements.

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Document Path: W:\MXD\Exhibits\Innovation Center Utility Easements Exhibit 2.mxd 1 inch = 200 feet
LEGEND
Potable Water
Storm Drain
Sanitary Sewer
Parcel

INNOVATION CENTER

UTILITY EASEMENTS
EXHIBIT 2

NUNN FAMILY LP
019-081-023
EMPIRE AVE.

NUNN FAMILY LP
019-081-024

FUTURE JEFFERY WAY EXTENSION

UTILITY AND

TEMPORARY

CONSTRUCTION

EASEMENTS

UTILITY AND TEMPORARY

CONSTRUCTION EASEMENTS

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER, OR DESIGNEE, IN COORDINATION WITH THE CITY

ATTORNEY, TO EXECUTE AN AGREEMENT FOR PURCHASE AND

SALE OF EASEMENT RIGHTS, IN SUBSTANTIAL CONFORMANCE
WITH THE ATTACHED AGREEMENT, WITH NUNN FAMILY (NO.2)
LIMITED PARTNERSHIP, FOR A PORTION OF APNS 019-081-023
AND 019-081-024, TO ACQUIRE UTILITY EASEMENTS
NECESSARY FOR CIP PROJECT NO. 336-31695, INNOVATION
CENTER @ BRENTWOOD INFRASTRUCTURE, FOR $193,904, AND

AUTHORIZING EXECUTION OF OTHER DOCUMENTS AS
NECESSARY TO COMPLETE THE RIGHT-OF-WAY TRANSACTION.

WHEREAS, on November 13, 2018, by Resolution No. 2018-159, the City Council adopted the Priority Area One Specific Plan (Innovation Center @ Brentwood) including a Circulation Network of public roadways and further updated the Plan October 25, 2022; and
WHEREAS, on December 14, 2021, by Resolution No. 2021-148, the City Council approved an Agreement for Right of Way and Title Services with Bender Rosenthal, Inc., for various Capital Improvement Projects; and WHEREAS, on June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/2024 – 2027/2028 Capital Improvement Program, which included the Innovation Center @ Brentwood CIP Project; and
WHEREAS, acquiring easements is necessary for constructing and maintaining public utilities; and
WHEREAS, on December 12, 2023, the City Council provided to staff, parameters for negotiating with property owners to obtain Innovation Center @ Brentwood utility easements; and
WHEREAS, the Innovation Center @ Brentwood is intended to be predominately developed with a mixture of uses that generate jobs and is important to the City’s future growth and economic development; and WHEREAS, Brentwood General Plan Policy ED 1-7 provides: “Establish, as a high priority, the development of public facilities and infrastructure to service proposed major employment centers, including State Route 4 corridor improvements, eBART facilities, and water, sewer, and telecommunications infrastructure.” The City’s acquisition of portions of APNs 019-081-023 and 019-081-024, for the purpose of obtaining utility easements necessary for CIP Project No. 336-31695, is consistent

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Page 2 of 2 ends

with this Policy, in that it will allow for the development of infrastructure to service The Innovation Center @ Brentwood; and
WHEREAS, a Purchase and Sale Agreement for easement rights will facilitate the City’s acquisition of 26,613 square feet of Public Utility Easements and 14,744 square feet of Temporary Construction Easements for $193,904.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager, or designee, in coordination with the City Attorney, to execute an Agreement for Purchase and Sale of Easement Rights, in substantial conformance with the attached Agreement, with Nunn Family (No.2) Limited Partnership, for a portion of APNs 019-081-023 and 019- 081-024, to acquire utility easements necessary for CIP Project No. 336-31695, Innovation Center @ Brentwood Infrastructure, for $193,904, and authorize execution of other documents as necessary to complete the right-of-way transaction.

The City Council further authorizes payment to Nunn Family (No. 2) Limited Partnership through escrow with First American Title Company.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of May 2024 by the following vote:

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AGREEMENT FOR PURCHASE AND SALE OF EASEMENT RIGHTS
(INCLUDING ESCROW INSTRUCTIONS)
THIS AGREEMENT FOR PURCHASE AND SALE OF EASEMENT RIGHTS (the "Agreement") is entered into as of , 20 , by and between the CITY OF BRENTWOOD, A MUNICIPAL CORPORATION (the "Purchaser"), and NUNN FAMILY (NO. 2) LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP ("Seller").

IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

1. Agreement to Sell and Purchase. Seller is the fee owner of that certain real property located in the City of Brentwood, County of Contra Costa, State of California described in that grant deed to Seller recorded November 29, 2012 as Document Number 2012-0303812 in the Official Records of Contra Costa County, and commonly known as Contra Costa County Assessor Nos 019-081-023 and 019-081-024 (“Property”). Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement, the following easements on, over, under, and across certain portions of the Property: (a) a perpetual and permanent easement for the purpose of constructing, maintaining, repairing, replacing, and improving underground public utilities, as further described and depicted in Exhibit “A” attached hereto (“Public Utility Easement -023”); (b) a perpetual and permanent easement for the purpose of constructing, maintaining, repairing, replacing, and improving underground public utilities, as further described and depicted in Exhibit “C” attached hereto (“Public Utility Easement -024”); (c) two (2) temporary construction easements for the purpose of constructing the public utilities set forth in Public Utility Easement -023, as further described in the Temporary Construction Easement attached hereto as Exhibit “B” (collectively, “Temporary Construction Easement -023”); (d) a temporary construction easement for the purpose of constructing the public utilities set forth in Public Utility Easement -024, as further described in the Temporary Construction Easement attached hereto as Exhibit “D” (“Temporary Construction Easement -024”); and (e) a temporary access easement over and across a portion of the Property for the purpose of accessing Public Utility Easement -024 and Temporary Construction Easement -024, as further described in the Access Easement attached hereto as Exhibit “E” (“Access Easement”). The Public Utility Easement -023, the Public Utility Easement -024, the Temporary Construction Easement -023, the Temporary Construction Easement -024, and the Access Easement are collectively referred to in this Agreement as the “Easements”.

2. Purchase Price. The total purchase price for the Easements shall be ($193,904.00) ONE HUNDRED NINETY THREE THOUSAND, NINE HUNDRED FOUR DOLLARS (the "Purchase Price"). Purchaser shall pay the Purchase Price by depositing into Escrow, on or before the date for close of Escrow, immediately available funds in the amount of the Purchase Price. This Purchase Price includes the cost of the Seller completing an independent appraisal of the Property. However, none of the Seller’s legal fees associated with this transaction are include in the Purchase Price as legal fees are not reimbursable and are the financial liability of the Seller.

3. Access Easement. Purchaser agrees its use of the Access Easement shall not in any way unreasonably impair Seller’s use, or access and ingress/egress, of the Property.

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4. Escrow. Purchaser and Seller have opened or shall open an escrow (the "Escrow") in accordance with this Agreement at First American Title Company (the "Escrow Agent"). This Agreement, together with the escrow instructions prepared by Escrow Agent and executed by Purchaser and Seller, constitutes the joint escrow instructions of Purchaser and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this Escrow in the shortest possible time.
5 Deeds. Prior to the close of Escrow, Seller shall execute, acknowledge and deliver into Escrow the following: (a) a Public Utility Easement Deed for Public Utility Easement -023, in the form substantially similar to Exhibit “1”, attached hereto; (b) a Temporary Construction Easement Deed for Temporary Construction Easement -023, in the form substantially similar to Exhibit “2”, attached hereto; (c) a Public Utility Easement Deed for Public Utility Easement -024, in the form substantially similar to Exhibit “3”, attached hereto; (d) a Temporary Construction Easement Deed for Temporary Construction Easement -024, in the form substantially similar to Exhibit “4”, attached hereto; and (e) an Access Easement Deed for the Access Easement, in the form substantially similar to Exhibit “5”, attached hereto (collectively, the "Grant Deeds") suitable for recordation and conveyance to the Purchaser of the Easements as set forth therein.

Purchaser will execute and deliver into Escrow a Certified Resolution of Acceptance of Purchaser corresponding to each Grant Deed on or before the close of Escrow. Purchaser and Seller agree to deposit with Escrow Agent any additional instruments as may be necessary to complete this transaction.

6. Restoration; Use; Indemnity.

6.1 Restoration of Easement Areas. Following completion of the construction of the public utilities within the Public Utility Easement -023 and Public Utility Easement -024, Purchaser will restore the surface of the Easements to their condition prior to commencement of construction of the public utilities.

6.1 Use. Purchaser agrees it will not use or permit the use of any of the Easements in such a manner to unreasonably interfere with the use and enjoyment by Seller of the Property.

6.2 Indemnity. Only to the extent legally allowed, Purchaser agrees to indemnify, defend, and hold harmless Seller and Seller’s partners, officers, employees, contractors, licensees, tenants, agents, and representatives (individually and collectively, “Indemnitee”) from and against any claims, demands, actions, proceedings, liabilities, losses, damages, liens (including mechanic’s liens), costs and expenses (including court costs and reasonable attorney, experts’, and consultants’ fees and costs) of any nature whatsoever, at law or in equity (“Claims”) arising directly or indirectly out of or relating to (a) any act or omission in connection with the use of any of the Easements granted to Purchaser under this Agreement; (b) the negligence, willful misconduct, or intentional act of Indemnitor or any of Purchaser’s employees, contractors, agents, tenants, licensees, or other representatives on or about the Property; (c) the use, transport, storage, release, or disposal of any Hazardous Materials1 by 1 As used in this Agreement, “Hazardous Materials” will mean any material or substance defined or regulated as a hazardous or toxic material, waste, or substance under any federal, state, or local law, statute, ordinance, regulation, guideline, order, judicial or administrative decision, and/or any applicable insurance policy presently in effect or as may be modified from time to time after the date of this Agreement, and will specifically include, but not be limited to, petroleum products and by-products.

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Purchaser or any employee, contractor, licensee, tenant, or agent of Purchaser on or about the Property, or (d) any breach of Purchaser’s obligations under this Agreement.

7. Escrow Agent Authorization. Escrow Agent is authorized to, and shall:

7.1 Pay and Charge Purchaser. Pay and charge Purchaser for any Escrow fees, recording fees and other costs and expenses of Escrow payable under Section 7.6, below.

7.2 Disbursement. Disburse funds, and record the Grant Deeds and Certified Resolution(s) of Acceptance, when conditions of the Escrow have been fulfilled by Purchaser and Seller.

7.3 Close of Escrow. The term "Close of Escrow" and “Closing”, if and where written in these instructions, shall mean the date the Grant Deeds and other necessary instruments of conveyance are recorded in the office of the Contra Costa County Recorder.

7.4 Time Limits. All time limits within which any matter specified is to be performed may be extended by mutual agreement of the parties. Any amendment of, or supplement to, any instructions must be in writing.

7.5 Time of the Essence. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE ON OR BEFORE MAY 1, 2024. If this Escrow is not in condition to close by such date, then (a) Purchaser may waive any conditions that have not been met; (b) Purchaser may, in writing, terminate this Agreement and demand the return of its money or property; or (c) if the delay is caused by the failure of a senior lienholder to subordinate its interests, Purchaser has the right to extend the closing a reasonable period of time to allow the senior lienholder time to process a subordination, which in no event shall exceed six (6) months from the date of this Agreement.

7.6 Escrow Fees, Charges and Costs. Purchaser agrees to pay all Purchaser's and Seller's usual fees, charges, and costs which arise in this Escrow.

7.7 Transfer Taxes. No transfer tax shall be due because Purchaser is a public entity.

8. Possession and Disposition of Personal Property. Seller shall, prior to the Close of Escrow, remove or otherwise dispose of all personal property located within the Easements.

9. Warranties, Representations, and Covenants of Seller. Seller hereby warrants, represents, and/or covenants to Purchaser that:

9.1 Pending Claims. To Seller's knowledge2, there are no actions, suits, claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency.

9.2 Seller's Title. Until the Close of Escrow, Seller shall not impair Seller's title to the Easements.
2 The term “Seller’s knowledge” means the actual and not constructive knowledge of Jeff Houd, with no duty of investigation or inquiry.

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9.4 Right to Possession. No person or entity other than Seller has the right to possess the Property or any portion of it, as of the date of this Agreement.

10. Broker's Commission. Seller and Purchaser each warrants and represents that it has not engaged the services of any agent, finder or broker in connection with the transaction which is the subject of this Agreement, and that it is not liable for any real estate commissions, broker's fees or finder's fees which may accrue by means of the sale of the Property.

11. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, electronic mail, reputable overnight courier, or sent by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed received upon the earlier of: (i) if personally delivered, the date of delivery to the address of the person to receive such notice; (ii) if mailed, three (3) business days after the date of posting by the United States post office; (iii) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; or (iv) if sent by electronic mail, with the original sent on the same day by overnight courier, the date on which the electronic mail is received, provided it is before 5:00 P.M. Pacific Time. Notice of change of address shall be given by written notice in the manner described in this Section. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

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If to Seller: Jeff Houd, Nunn Family Trust
741 Sunset Road
Brentwood, CA 94513
(925) 813-2254
[email protected]
Laura Diiorio, Nunn Family Trust
438 Eureka Avenue
Brentwood, CA 94513
(925) 813-2253
[email protected]
Bob Nunn, Nunn Family Trust
10500 Brentwood Boulevard
Brentwood, CA 95613
(510) 301-2320
[email protected]
If to Purchaser: City of Brentwood
150 City Park Way
Brentwood, CA 94513
Attention: Tim Ogden, City Manager
(925) 516-5440
[email protected]

12. Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein.

13. Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California without regard to its choice of law principles.

14. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by Purchaser and Seller.

15. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.

16. Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof.

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17. Cooperation. Each party agrees to cooperate with the other in the Closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below.

PURCHASER:

CITY OF BRENTWOOD, a municipal corporation
Date:

By:

Tim Y. Ogden, City Manager
ATTEST:
_____________________________
Margaret Wimberly, City Clerk
APPROVED AS TO FORM:

Katherine Wisinski, Interim City Attorney
SELLER:

NUNN FAMILY (NO.2) LIMITED PARTNERSHIP
Date: By:

Name: ________________________
Its:

Date: By:

Name: ________________________
Its:

DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03 Owner
5/2/2024
Jeff Houd
5/2/2024
General partner
Laura Houd Diiorio

Page 149 of 244 ends

EXHIBIT "A"

LEGAL DESCRIPTION
Public Utility Easement
APN 019-081-023
[to be inserted]
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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JUNE 15, 2023
JOB NO.: 2955-000
PAGE 1 OF 2
F:\2955-000\ACAD\SURVEY\LEGALS\LG003_PUE-NUNN.DOCX

EXHIBIT A

LEGAL DESCRIPTION

PUBLIC UTILITY EASEMENT

REAL PROPERTY SITUATE IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEING A PORTION OF THE LANDS DESCRIBED IN THAT GRANT DEED TO NUNN FAMILY (NO.2) LIMITED PARTNERSHIP RECORDED NOVEMBER 29, 2012 AS DOCUMENT NUMBER 2012-0303812, SAID LANDS BEING ALSO PARCELS FIVE AND SIX AS DESCRIBED IN THAT GRANT DEED RECORDED JUNE 30, 1982 IN BOOK 10834, AT PAGE 480, BOTH OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTHERN LINE OF SAID LANDS OF NUNN, SAID

POINT BEING ON THE EASTERN RIGHT-OF-WAY LINE OF THE CALIFORNIA HIGHWAY 4 BYPASS;

THENCE, FROM SAID POINT OF BEGINNING, NORTHERLY ALONG SAID EASTERN LINE OF THE CALIFORNIA HIGHWAY 4 BYPASS, ALONG THE ARC OF A 2,877.15

FOOT RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 84°45'58" EAST, THROUGH A CENTRAL ANGLE OF 01°00'01", AN ARC DISTANCE OF 50.23 FEET;
THENCE, LEAVING SAID EASTERN LINE, SOUTH 89°18'56" EAST 114.64 FEET; THENCE, SOUTH 00°41'04" WEST 30.00 FEET;
THENCE, SOUTH 89°18'56" EAST 373.16 FEET;
THENCE, NORTH 48°45'53" EAST 86.08 FEET;
THENCE, NORTH 00°43'18" EAST 37.45 FEET;
THENCE, SOUTH 89°07'27" EAST 104.61 FEET TO A POINT ON THE EASTERN LINE OF SAID LANDS OF NUNN;
THENCE, ALONG SAID EASTERN LINE, SOUTH 00°52'33" WEST 73.98 FEET; THENCE, LEAVING SAID EASTERN LINE, NORTH 89°07'27" WEST 77.95 FEET; THENCE, SOUTH 48°49'08" WEST 61.27 FEET TO A POINT ON THE SOUTHERN LINE OF SAID LANDS OF NUNN;
THENCE, ALONG SAID SOUTHERN LINE, NORTH 89°18'56" WEST 527.92 FEET TO THE POINT OF BEGINNING.

CONTAINING 24,084 SQUARE FEET OF LAND, MORE OR LESS.

DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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JUNE 15, 2023
JOB NO.: 2955-000
PAGE 2 OF 2
F:\2955-000\ACAD\SURVEY\LEGALS\LG003_PUE-NUNN.DOCX

ATTACHED HERETO IS EXHIBIT B, A PLAT TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS REFERENCE MADE A PART HEREOF.

END OF DESCRIPTION
_
MATHEW A. STEWARD, P.L.S.

L.S. NO. 9036

PRELIMINARY
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

Page 152 of 244 ends

NUNN
2012-303812
CALIFORNIA HIGHWAY 4 BYPASS EMPIRE AVENUE
F:\2955-000\ACAD\SURVEY\PLATS\2955-000__PLAT 003_NUNN UTILITY EASEMENT.DWG 6/15/2023 3:22 PM SHEET 1 OF 1

EXHIBIT B
PUBLIC UTILITY EASEMENT - PORTION OF NUNN PROPERTY (2012-303812)

BRENTWOOD, CALIFORNIA

PLAT TO ACCOMPANY LEGAL DESCRIPTION
JOB NO. 2955-000

PRELIMINARY

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM
(925) 866-0322
JUNE 15, 2023
ROSEVILLE (916)788-4456
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

Page 153 of 244 ends

EXHIBIT "B"

LEGAL DESCRIPTION
Temporary Construction Easement
APN 019-081-023
[to be inserted]
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

Page 154 of 244 ends

JUNE 15, 2023
JOB NO.: 2955-000
PAGE 1 OF 3
F:\2955-000\ACAD\SURVEY\LEGALS\LG004_TEMPORARY CONSTRUCTION EASEMENT.DOCX

EXHIBIT A

LEGAL DESCRIPTION

TEMPORARY CONSTRUCTION EASEMENTS

REAL PROPERTY SITUATE IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

TEMPORARY CONSTRUCTION EASEMENT 1

COMMENCING AT A POINT ON THE SOUTHERN LINE OF SAID LANDS OF NUNN, SAID

POINT BEING ON THE EASTERN RIGHT-OF-WAY LINE OF THE CALIFORNIA HIGHWAY 4 BYPASS;

THENCE, FROM SAID POINT OF COMMENCEMENT, NORTHERLY ALONG SAID EASTERN LINE OF THE CALIFORNIA HIGHWAY 4 BYPASS, ALONG THE ARC OF A 2,877.15

FOOT RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 84°45'58" EAST, THROUGH A CENTRAL ANGLE OF 01°00'01", AN ARC DISTANCE OF 50.23 FEET TO THE POINT OF BEGINNING FOR THIS DESCRIPTION;

THENCE, FROM SAID POINT OF BEGINNING, CONTINUING ALONG SAID EASTERN LINE OF CALIFORNIA HIGHWAY 4 BYPASS, ALONG SAID ARC OF THE TANGENT 2,877.15 FOOT RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 85°45'58" EAST, THROUGH A CENTRAL ANGLE OF 00°17'59", AN ARC DISTANCE OF 15.05 FEET;
THENCE, LEAVING SAID EASTERN LINE, SOUTH 89°18'56" EAST 130.89 FEET; THENCE, SOUTH 00°41'04" WEST 30.00 FEET;
THENCE, SOUTH 89°18'56" EAST 352.42 FEET;
THENCE, NORTH 48°45'53" EAST 73.65 FEET;
THENCE, NORTH 00°43'18" EAST 45.80 FEET;
THENCE, SOUTH 89°07'27" EAST 119.66 FEET TO A POINT ON THE EASTERN LINE OF SAID LANDS OF NUNN;
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

Page 155 of 244 ends

JUNE 15, 2023
JOB NO.: 2955-000
PAGE 2 OF 3
F:\2955-000\ACAD\SURVEY\LEGALS\LG004_TEMPORARY CONSTRUCTION EASEMENT.DOCX THENCE, ALONG SAID EASTERN LINE, SOUTH 00°52'33" WEST 15.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT A;
THENCE, LEAVING SAID EASTERN LINE, NORTH 89°07'27" WEST 104.61 FEET; THENCE, SOUTH 00°43'18" WEST 37.45 FEET;
THENCE, SOUTH 48°45'53" WEST 86.08 FEET;
THENCE, NORTH 89°18'56" WEST 373.16 FEET;
THENCE, NORTH 00°41'04" EAST 30.00 FEET;
THENCE, NORTH 89°18'56" WEST 114.64 FEET TO THE POINT OF BEGINNING.

CONTAINING 11,238 SQUARE FEET OF LAND, MORE OR LESS.

TEMPORARY CONSTRUCTION EASEMENT 2
COMMENCING AT HEREIN DEFINED POINT A;

THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG SAID EASTERN LINE OF SAID LANDS NUNN, SOUTH 00°52'33" WEST 73.98 FEET TO THE POINT OF BEGINNING FOR THIS DESCRIPTION;

THENCE, FROM SAID POINT OF BEGINNING, CONTINUING ALONG SAID EASTERN LINE, SOUTH 00°52'33" WEST 4.78 FEET TO THE SOUTHEASTERN CORNER OF SAID LANDS;
THENCE, ALONG THE SOUTHERN LINE OF SAID LANDS THE FOLLOWING TWO (2) COURSES:
1) SOUTHWESTERLY, ALONG THE ARC OF A NON-TANGENT 200.00 FOOT

RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 24°29'20" EAST, THROUGH A CENTRAL ANGLE OF
05°11'03", AN ARC DISTANCE OF 18.10 FEET;
2) ALONG THE ARC OF A REVERSE 200.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 00°59'42", AN ARC DISTANCE OF 3.47 FEET;
THENCE, LEAVING SAID SOUTHERN LINE, NORTH 89°07'27" WEST 53.20 FEET; THENCE, SOUTH 48°49'08" WEST 37.71 FEET TO A POINT ON SAID SOUTHERN LINE OF SAID LANDS;
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

Page 156 of 244 ends

JUNE 15, 2023
JOB NO.: 2955-000
PAGE 3 OF 3
F:\2955-000\ACAD\SURVEY\LEGALS\LG004_TEMPORARY CONSTRUCTION EASEMENT.DOCX THENCE, ALONG SAID SOUTHERN LINE THE FOLLOWING TWO (2) COURSES:
1) WESTERLY, ALONG THE ARC OF A NON-TANGENT 200.00 FOOT RADIUS

CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 04°07'47" WEST, THROUGH A CENTRAL ANGLE OF 04°48'51", AN ARC DISTANCE OF 16.80 FEET;
2) NORTH 89°18'56" WEST 6.48 FEET;
THENCE, LEAVING SAID SOUTHERN LINE, NORTH 48°49'08" EAST 61.27 FEET; THENCE, SOUTH 89°07'27" EAST 77.95 FEET TO THE POINT OF BEGINNING.

CONTAINING 1,772 SQUARE FEET OF LAND, MORE OR LESS.

ATTACHED HERETO IS EXHIBIT B, A PLAT TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS REFERENCE MADE A PART HEREOF.

END OF DESCRIPTION
_
MATHEW A. STEWARD, P.L.S.

L.S. NO. 9036

PRELIMINARY
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

Page 157 of 244 ends

NUNN
2012-303812
CALIFORNIA HIGHWAY 4 BYPASS

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM
(925) 866-0322
JUNE 15, 2023
F:\2955-000\ACAD\SURVEY\PLATS\2955-000__PLAT 004_TEMPORARY CONSTRUCTION EASEMENT.DWG 6/19/2023 10:06 AM SHEET 1 OF 2

EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT - PORTION OF NUNN PROPERTY (2012-303812)

BRENTWOOD, CALIFORNIA

PLAT TO ACCOMPANY LEGAL DESCRIPTION
JOB NO. 2955-000

PRELIMINARY
ROSEVILLE (916)788-4456
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

Page 158 of 244 ends

F:\2955-000\ACAD\SURVEY\PLATS\2955-000__PLAT 004_TEMPORARY CONSTRUCTION EASEMENT.DWG 6/19/2023 10:06 AM SHEET 2 OF 2

EXHIBIT B

TEMPORARY CONSTRUCTION EASEMENT

BRENTWOOD, CALIFORNIA

PLAT TO ACCOMPANY LEGAL DESCRIPTION
JOB NO. 2955-000

PRELIMINARY

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM
(925) 866-0322
JUNE 15, 2023
ROSEVILLE (916)788-4456
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

Page 159 of 244 ends

EXHIBIT "C"

LEGAL DESCRIPTION
Public Utility Easement
APN 019-081-024
[to be inserted]
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

Page 160 of 244 ends

JUNE 15, 2023
JOB NO.: 2955-000
PAGE 1 OF 1
F:\2955-000\ACAD\SURVEY\LEGALS\LG005_PUE-NUNN.DOCX

EXHIBIT A

LEGAL DESCRIPTION

PUBLIC UTILITY EASEMENT

REAL PROPERTY SITUATE IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTHERN LINE OF SAID LANDS OF NUNN, SAID

POINT BEING ON THE WESTERN RIGHT-OF-WAY LINE OF THE CALIFORNIA HIGHWAY 4 BYPASS;

THENCE, FROM SAID POINT OF BEGINNING, ALONG SAID SOUTHERN LINE, NORTH 89°18'56" WEST, 50.56 FEET;
THENCE, LEAVING SAID SOUTHERN LINE, NORTH 00°41'04" EAST, 50.00 FEET; THENCE, SOUTH 89°18'56" EAST, 50.60 FEET TO A POINT ON SAID WESTERN LINE OF THE CALIFORNIA HIGHWAY 4 BYPASS;
THENCE, ALONG SAID WESTERN LINE, SOUTH 00°43'57" WEST, 50.00 FEET TO THE POINT OF BEGINNING.

CONTAINING 2,529 SQUARE FEET OF LAND, MORE OR LESS.

ATTACHED HERETO IS EXHIBIT B, A PLAT TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS REFERENCE MADE A PART HEREOF.

END OF DESCRIPTION
_
MATHEW A. STEWARD, P.L.S.

L.S. NO. 9036

PRELIMINARY
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

Page 161 of 244 ends

CALIFORNIA HIGHWAY 4 BYPASS
NUNN
2012-303812
NUNN
2012-303812
F:\2955-000\ACAD\SURVEY\PLATS\2955-000__PLAT 005_NUNN UTILITY EASEMENT.DWG 6/16/2023 7:31 AM SHEET 1 OF 1

EXHIBIT B
PUBLIC UTILITY EASEMENT - PORTION OF NUNN PROPERTY (2012-303812)

BRENTWOOD, CALIFORNIA

PLAT TO ACCOMPANY LEGAL DESCRIPTION
JOB NO. 2955-000

PRELIMINARY

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM
(925) 866-0322
JUNE 15, 2023
ROSEVILLE (916)788-4456
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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EXHIBIT "D"

LEGAL DESCRIPTION
Temporary Construction Easement
APN 019-081-024
[to be inserted]
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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JUNE 15, 2023
JOB NO.: 2955-000
PAGE 1 OF 1
F:\2955-000\ACAD\SURVEY\LEGALS\LG006_TEMPORARY CONSTRUCTION EASEMENT.DOCX

EXHIBIT A

LEGAL DESCRIPTION

TEMPORARY CONSTRUCTION EASEMENT

REAL PROPERTY SITUATE IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT ON THE SOUTHERN LINE OF SAID LANDS OF NUNN, SAID

POINT BEING ON THE WESTERN RIGHT-OF-WAY LINE OF THE CALIFORNIA HIGHWAY 4 BYPASS;

THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG SAID WESTERN LINE OF THE CALIFORNIA HIGHWAY 4 BYPASS, NORTH 00°43'57" EAST, 50.00 FEET TO THE POINT OF BEGINNING;

THENCE, FROM SAID POINT OF BEGINNING, LEAVING SAID WESTERN LINE, NORTH 89°18'56" WEST, 50.60 FEET;
THENCE, SOUTH 00°41'04" WEST 50.00 FEET TO A POINT ON THE SOUTHERN LINE OF SAID LANDS;
THENCE, ALONG SAID SOUTHERN LINE, NORTH 89°18'56" WEST 15.00 FEET; THENCE, LEAVING SAID SOUTHERN LINE, NORTH 00°41'04" EAST 65.00 FEET; THENCE, SOUTH 89°18'56" EAST 65.61 FEET TO A POINT ON SAID WESTERN LINE OF THE CALIFORNIA HIGHWAY 4 BYPASS;
THENCE, ALONG SAID WESTERN LINE, SOUTH 00°43'57" WEST 15.00 FEET TO THE POINT OF BEGINNING.

CONTAINING 1,734 SQUARE FEET OF LAND, MORE OR LESS.

ATTACHED HERETO IS EXHIBIT B, A PLAT TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS REFERENCE MADE A PART HEREOF.

END OF DESCRIPTION
_
MATHEW A. STEWARD, P.L.S.

L.S. NO. 9036

PRELIMINARY
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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CALIFORNIA HIGHWAY 4 BYPASS
NUNN
2012-303812
NUNN
2012-303812
F:\2955-000\ACAD\SURVEY\PLATS\2955-000__PLAT 006_TEMPORARY CONSTRUCTION EASEMENT.DWG 6/16/2023 7:36 AM SHEET 1 OF 1

EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT - PORTION OF NUNN PROPERTY (2012-303812)

BRENTWOOD, CALIFORNIA

PLAT TO ACCOMPANY LEGAL DESCRIPTION
JOB NO. 2955-000

PRELIMINARY

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM
(925) 866-0322
JUNE 15, 2023
ROSEVILLE (916)788-4456
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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EXHIBIT "E"

LEGAL DESCRIPTION
Access Easement
APN 019-081-024
Being a portion of the northwest one-quarter of section 10, t. 1 n., r. 2 e., m.d.b.&m., described as follows:

Beginning at a rebar monument marking the center one-quarter - one-quarter Corner of the northwest one-quarter of said section 10; thence along the west Line of the southeast one-quarter of said northwest one-quarter of section 10, South 0° 52' 01" west, 58.17 feet; thence leaving last said west line, south 89° 18' 43" East 1172.32 feet; thence along a curve concave to the northwest, having a radius of 200 feet, through an angle of 30° 21' 27", a distance of 105.97 feet to a point; Thence along a curve concave to the southeast, having a radius of 200 feet, Through an angle of 25° 17' 16", a distance of 88.27 feet to a point on the north line of said southeast onequarter of the northwest one-quarter section 10, said Point lying, north 89° 17' 54" west, 17.64 feet from an iron pipe marking the Northeast corner of said southeast one-quarter of the northwest one-quarter of Section 10; thence from said point, along the north line of said southeast one quarter of the northwest one-quarter of section 10, north 89° 07' 54" west, 1306.63 Feet to the point of beginning.

DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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EXHIBIT "1"
Public Utility Easement Deed
APN 019-081-023
[to be inserted]
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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RECORDING REQUESTED BY:

City of Brentwood
WHEN RECORDED RETURN TO:

City of Brentwood
Attn: City Clerk
150 City Park Way
Brentwood, CA 94513
Exempt from Documentary Transfer Tax §11922
Exempt from Recording Fee Government Code §6103
APN: 019-081-023

PUBLIC UTILITY EASEMENT DEED
For valuable consideration received, NUNN FAMILY (NO. 2) LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (“GRANTOR”) does hereby grant to the CITY OF BRENTWOOD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA (“GRANTEE”), a perpetual and permanent Easement for Public Utilities including but not limited to water, nonpotable water, sewer, storm drain, gas, telephone, cable TV, underground power, fiber optics and other appurtenances as GRANTEE may deem necessary along with any other appliances and fixtures in connection therewith or appurtenant thereto, together with the right to survey, mark, construct, reconstruct, install, replace, remove, repair, alter, operate, maintain, inspect, and use, and for ingress and egress, all in connection with the exercise of any of the foregoing rights, over, across, through and under that certain property in the City of Brentwood, County of Contra Costa, State of California, described as follows:

Described in Exhibit “A” and shown on Exhibit “B” attached hereto and made a part hereof (“Easement Area”).

The Easement Area is a portion of, and burdens, that certain real property of GRANTOR located in the City of Brentwood, County of Contra Costa, State of California described in that grant deed to GRANTOR recorded November 29, 2012 as Document Number 2012-0303812 in the Official Records of Contra Costa County, and commonly known as Contra Costa County Assessor Nos 019-081-023 and 019-081-024 (“Property”).

GRANTOR shall not increase or decrease, or permit to be increased or decreased, the now existing ground elevations of said Easement without the prior written consent of the GRANTEE.

GRANTOR reserves the right to full use and enjoyment of the Property, except for the purposes herein granted, provided that such use and enjoyment shall not hinder, conflict or interfere with the exercise of the GRANTEE’s rights hereunder, and that GRANTOR shall not, without the express written consent of GRANTEE, erect or construct or permit to be erected or constructed, any building, structure, or improvement on, over, or under any portion of the Easement Area, or plant any trees or other vegetation on any portion of the Easement Area. GRANTEE shall have the right to trim, cut or clear away any trees, brush, or other vegetation located within the Easement Area from time to time as determined in its sole discretion, without payment of additional compensation.

The installed utilities and other appurtenances shall at all times remain the property of the GRANTEE notwithstanding the same may be annexed or affixed to the freehold, and shall at any time and from time to time be removable, in whole or in part, by the GRANTEE, its successors and assigns.

DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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GRANTEE shall have the further right to retain said utilities and other appurtenances in and at its/their existing location(s) and depth(s) for the duration of the easement granted herein, i.e., the location and depth thereof as provided herein and as constructed by GRANTEE, without being required by GRANTOR to relocate or lower said utilities in connection with any surface or subsurface work or improvement; provided that GRANTOR may request GRANTEE to relocate or lower its said utilities to another location or depth on GRANTOR’s property which is compatible with GRANTEE’s operations, if GRANTOR pays the entire cost thereof of such relocation or lowering; provided further that, if GRANTOR so requests the relocation of said utilities to a location outside the Easement Area, GRANTOR shall, at its cost, provide to GRANTEE a replacement easement for said utilities of the same width as the Easement Area and containing the same terms and conditions as are herein provided.

GRANTOR: Nunn Family (No. 2) Limited
Partnership, a California limited partnership
Date: By
Name: ______
Date: By
Name: ______
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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Certificate of Acceptance
Government Code §27281
This is to certify that the interest in real property conveyed by the Public Utility Easement Deed dated ________________________________, from Nunn Family (No. 2) Limited Partnership, a California limited partnership to City of Brentwood, a municipal corporation of the State of California, is hereby accepted pursuant to authority conferred by Ordinance No. 1031 of the City Council adopted on February 24th, 2022, and the City of Brentwood consents to recordation thereof by its duly authorized officer. ________________________________ _____________________
Allen Baquilar, PE Date
Director of Engineering/City Engineer

DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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EXHIBIT "2"
Temporary Construction Easement Deed
APN 019-081-023
[to be inserted]
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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RECORDING REQUESTED BY:

City of Brentwood
WHEN RECORDED RETURN TO:

City of Brentwood
Attn: City Clerk
150 City Park Way
Brentwood, CA 94513
Exempt from Documentary Transfer Tax §11922
Exempt from Recording Fee Government Code §6103
APN: 019-081-023

TEMPORARY CONSTRUCTION EASEMENT DEED
For valuable consideration received, NUNN FAMILY (NO. 2) LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (“GRANTOR”) does hereby grant to the CITY OF BRENTWOOD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA (“GRANTEE”), a temporary easement for the purpose of constructing public utilities, but not limited to, use for ingress and egress, and other activities incidental to the construction of public utilities (“Temporary Construction Easement”).

The Temporary Construction Easement is:

Described in Exhibit “A” and shown on Exhibit “B” attached hereto and made a part hereof.

The Temporary Construction Easement is a portion of, and burdens, that certain real property of GRANTOR located in the City of Brentwood, County of Contra Costa, State of California described in that grant deed to GRANTOR recorded November 29, 2012 as Document Number 2012-0303812 in the Official Records of Contra Costa County, and commonly known as Contra Costa County Assessor Nos 019-081-023 and 019-081-024 (“Property”).

The Temporary Construction Easement and its related purposes shall not in any way unreasonably impair GRANTOR’S use, or access and ingress/egress, of the Property. This Temporary Construction Easement shall become effective upon recordation with Contra Costa County Clerk Recorder, and shall terminate either upon GRANTEE’S recordation of the Notice of Completion of construction of that portion of the project lying adjacent to the Property, OR no more than 18-months after commencement of construction, whichever event occurs first.

GRANTOR: Nunn Family (No. 2) Limited
Partnership, a California limited partnership
Date: By
Name: ______
Date: By
Name: ______
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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Certificate of Acceptance
Government Code §27281
This is to certify that the interest in real property conveyed by the Temporary Construction Easement Deed dated ________________________________, from Nunn Family (No. 2) Limited Partnership, a California limited partnership to City of Brentwood, a municipal corporation of the State of California, is hereby accepted pursuant to authority conferred by Ordinance No. 1031 of the City Council adopted on February 24th, 2022, and the City of Brentwood consents to recordation thereof by its duly authorized officer. ________________________________ _____________________
Allen Baquilar, PE Date
Director of Engineering/City Engineer

DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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EXHIBIT "3"
Public Utility Easement Deed
APN 019-081-024
[to be inserted]
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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RECORDING REQUESTED BY:

City of Brentwood
WHEN RECORDED RETURN TO:

City of Brentwood
Attn: City Clerk
150 City Park Way
Brentwood, CA 94513
Exempt from Documentary Transfer Tax §11922
Exempt from Recording Fee Government Code §6103
APN: 019-081-024

Described in Exhibit “A” and shown on Exhibit “B” attached hereto and made a part hereof (“Easement Area”).

GRANTOR shall not increase or decrease, or permit to be increased or decreased, the now existing ground elevations of said Easement without the prior written consent of the GRANTEE.

DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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GRANTEE may assign the rights and Easement herein granted, either in whole or in part, subject to the terms of this grant and subject to and consistent with all applicable laws, rules, and regulations. The covenants contained herein shall run with the land and this instrument shall be binding upon and inure to the benefit of the respective successors and assigns of the GRANTOR and GRANTEE GRANTOR: Nunn Family (No. 2) Limited
Partnership, a California limited partnership
Date: By
Name: ______
Date: By
Name: ______
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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EXHIBIT "4"
Temporary Construction Easement Deed
APN 019-081-024
[to be inserted]
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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RECORDING REQUESTED BY:

City of Brentwood
WHEN RECORDED RETURN TO:

City of Brentwood
Attn: City Clerk
150 City Park Way
Brentwood, CA 94513
Exempt from Documentary Transfer Tax §11922
Exempt from Recording Fee Government Code §6103
APN: 019-081-024

The Temporary Construction Easement is:

Described in Exhibit “A” and shown on Exhibit “B” attached hereto and made a part hereof.

GRANTOR: Nunn Family (No. 2) Limited
Partnership, a California limited partnership
Date: By
Name: ______
Date: By
Name: ______
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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EXHIBIT "5"
Access Easement Deed
APN 019-081-024
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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RECORDING REQUESTED BY:

City of Brentwood
WHEN RECORDED RETURN TO:

City of Brentwood
Attn: City Clerk
150 City Park Way
Brentwood, CA 94513
Exempt from Documentary Transfer Tax §11922
Exempt from Recording Fee Government Code §6103
APN: 019-081-024

ACCESS EASEMENT DEED
For valuable consideration received, NUNN FAMILY (NO.2) LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (“GRANTOR”) does hereby grant to the CITY OF BRENTWOOD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA (“GRANTEE”), a temporary easement for the purpose of ingress and egress, including but not limited to, vehicular use, and other activities incidental to accessing public utilities over and across a strip of land described as:

Being a portion of the northwest one-quarter of section 10, t. 1 n., r. 2 e., m.d.b.&m., described as follows:

Beginning at a rebar monument marking the center one-quarter - one-quarter Corner of the northwest onequarter of said section 10; thence along the west Line of the southeast one-quarter of said northwest onequarter of section 10, South 0° 52' 01" west, 58.17 feet; thence leaving last said west line, south 89° 18' 43" East 1172.32 feet; thence along a curve concave to the northwest, having a radius of 200 feet, through an angle of 30° 21' 27", a distance of 105.97 feet to a point; Thence along a curve concave to the southeast, having a radius of 200 feet, Through an angle of 25° 17' 16", a distance of 88.27 feet to a point on the north line of said southeast one-quarter of the northwest one-quarter section 10, said Point lying, north 89° 17' 54" west, 17.64 feet from an iron pipe marking the Northeast corner of said southeast one-quarter of the northwest one-quarter of Section 10; thence from said point, along the north line of said southeast one quarter of the northwest one-quarter of section 10, north 89° 07' 54" west, 1306.63 feet to the point of beginning (“Access Easement”).

The Access Easement is a portion of, and burdens, that certain real property of GRANTOR located in the City of Brentwood, County of Contra Costa, State of California described in that grant deed to GRANTOR recorded November 29, 2012 as Document Number 2012-0303812 in the Official Records of Contra Costa County, and commonly known as Contra Costa County Assessor Nos 019-081-023 and 019-081-024 (“Property”).

The Access Easement and its related purposes shall not in any way unreasonably impair GRANTOR’S use of, or access or ingress/egress to, the Property.

This Access Easement shall become effective upon recordation with Contra Costa County Clerk Recorder, and shall terminate upon alternate permanent public access to GRANTEE’S public utilities.

Grantor reserves the right to full use and enjoyment of the Property, provided that such use and enjoyment shall not materially hinder, conflict or interfere with the exercise of the GRANTEE’S rights hereunder, and that GRANTOR shall not, without the express written consent of GRANTEE, erect or construct or permit to be erected or constructed, any building, structure, or improvement on, over, or under any portion of the Access Easement, or plant any trees or other vegetation on any portion of the Access Easement. GRANTEE shall have the right to trim, cut or clear away any trees, brush, or other vegetation growing within the boundaries of the Access Easement from time to time as determined in its sole discretion, without payment of additional compensation.

DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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Nothing contained in this Access Easement shall be construed as creating any rights for or on behalf of the general public or as dedicating for public use any portion of the Property. No easements except the easement set forth in this Access Easement shall be implied by this Access Easement.

GRANTOR:

Nunn Family (No.2) Limited Partnership, A
California Limited Partnership
Date: By
Name: ______
Date: By
Name: ______
DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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Certificate of Acceptance
Government Code §27281
This is to certify that the interest in real property conveyed by the Access Easement Deed dated ________________________________, from Nunn Family (No.2) Limited Partnership, a California Limited Partnership to City of Brentwood, a municipal corporation of the State of California, is hereby accepted pursuant to authority conferred by Ordinance No. 1031 of the City Council adopted on February 24th, 2022, and the City of Brentwood consents to recordation thereof by its duly authorized officer. ________________________________ _____________________
Allen Baquilar, PE Date
Director of Engineering/City Engineer

DocuSign Envelope ID: CD7CF4B1-D98E-49FA-B200-1B11FF0E7C03

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CITY COUNCIL AGENDA ITEM NO. E.10
05/14/2024
SUBJECT: Purchase and Sale Agreement with Brian Joseph Friedel for road right-of-way for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701.

DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Debra Galey, Senior Analyst
Brant Wilson, Senior Associate Engineer

TITLE/RECOMMENDATION
Adopt a resolution approving and authorizing the City Manager, or designee, to execute an Agreement for Purchase and Sale of Real Property, with Brian Joseph Friedel for a portion of APN 018-100-031, to acquire road right-of-way for Lone Tree Way Roadway Improvements, CIP Project No. 336-31701 (“Project”) for $120,203, and authorizing execution of other documents as necessary to complete the right-ofway transaction.

FISCAL IMPACT
An appraisal has been prepared to determine the current market value of the 6,749 square feet of in-fee roadway right-of-way, in addition to compensation for damages to the property owner’s improvements within the area to be acquired by the City. The total agreement amount is $120,203 and the funds for this Project are included in the 2023/24-2027/28 Capital Improvement Program. The Project is funded by Development Impact Fees. There is no General Fund impact associated with this specific action. Any ongoing maintenance costs associated with improvements subsequently constructed will be budgeted for in future Operating Budgets.

BACKGROUND
The property is located at the southeast corner of Lone Tree Way and Smith Road.

Acquisition of the right-of-way will allow for the widening of Smith Road and Lone Tree Way to accommodate traffic flow for the new Brentwood Union School District Middle School that is currently under construction on the east side of Smith Road.

Once right-of-way is acquired, construction of roadway widening is anticipated to begin in summer 2024.

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CITY COUNCIL AGENDA ITEM NO. E.10
05/14/2024

CITY COUNCIL STRATEGIC INITIATIVE
Acquisition of road right-of-way furthers Strategic Plan FY 2022/23 – FY 2023/24, Focus Area 1: Public Works, Goal 1 – Transportation: Proactively engage and collaborate with regional transportation agencies and stakeholders to facilitate the safe and efficient movement of people and goods.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
A CEQA Notice of Exemption was filed April 19, 2024 with the Contra Costa County Clerk.

ALTERNATIVE OPTION(S)

1. Do not approve the Purchase and Sale Agreement.

2. Direct staff to further negotiate with the property owner for road right-of-way.

ATTACHMENT(S)

1. Previous Action

2. Road Right-of-Way Exhibit 2410 Smith Road

3. Resolution

4. Purchase and Sale Agreement

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Attachment 1

PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On December 14, 2021, by Resolution No. 2021-148, the City Council approved an Agreement for Right of Way and Title Services with Bender Rosenthal, Incorporated for various Capital Improvement Projects.

On June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/2024 – 2027/2028 Capital Improvement Program, which included the Project.

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Road Right-of-Way 2410 Smith Road
Lone Tree Way Roadway Improvements
CIP 336-31701
NEW
SCHOOL
SITE

O'HARA LANE

SMITH ROAD

LONE TREE WAY
2410 SMITH ROAD 2410 SMITH ROAD
Document Path: W:\MXD\Staff Report Maps\336-31701 Lone Tree Way Improvements-ROW 2410 Smith Rd.mxd Page 188 of 244 RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER, OR DESIGNEE, TO EXECUTE AN AGREEMENT FOR

PURCHASE AND SALE OF REAL PROPERTY WITH BRIAN JOSEPH
FRIEDEL, FOR A PORTION OF APN 018-100-031, TO ACQUIRE

ROAD RIGHT-OF-WAY FOR LONE TREE WAY ROADWAY
IMPROVEMENTS, CIP PROJECT NO. 336-31701, FOR $120,203,

AND AUTHORIZING EXECUTION OF OTHER DOCUMENTS AS
NECESSARY TO COMPLETE THE RIGHT-OF-WAY TRANSACTION.

WHEREAS, on December 14, 2021, by Resolution No. 2021-148, the City Council approved an Agreement for Right of Way and Title Services with Bender Rosenthal, Incorporated for various Capital Improvement Projects; and WHEREAS, on June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/2024 – 2027/2028 Capital Improvement Program, which included the Lone Tree Way Roadway Improvements CIP Project; and WHEREAS, acquiring road right-of-way is necessary for constructing and maintaining public roadways; and
WHEREAS, acquiring road right-of-way for the purpose of widening a roadway leading to a school is consistent with various General Plan goals, polices, and actions, including Policy CIR 2-6 (“Prioritize bicycle and pedestrian safety for students traveling to and from school”), insomuch as the broadening of this roadway will improve the safety of bicyclists and pedestrians as they journey to and from the new school; and
WHEREAS, an appraisal has been prepared to determine the current market value of the 6,749 square feet of in-fee roadway right-of-way, in addition to compensation for damages to the property owner’s improvements within the area to be acquired by the City.

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 for Purchase and Sale of Real Property, with Brian Joseph Friedel for a portion of APN 018-100-031, to acquire road right-of-way for Lone Tree Way Roadway Improvements, CIP Project No. 336-31701, for $120,203, and authorize execution of other documents as necessary to complete the right-of-way transaction. The City Council further authorizes payment to Brian Joseph Friedel through escrow with First American Title Company.

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Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of May 2024 by the following vote:

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AGREEMENT FOR PURCHASE AND SALE OF REAL

PROPERTY (INCLUDING ESCROW INSTRUCTIONS)
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (the "Agreement") is entered into as of ______ __.._20_, by and between the City of Brentwood, a municipal corporation (the "Purchaser"), and Brian Joseph Friedel .("Seller").

IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

1. Agreement to Sell and Purchase. Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement, that certain real property, together with any buildings, fixtures and appurtenant improvements thereon (collectively, the "Property"), situated in the City of Brentwood, County of Contra Costa, State of California, which is legally described in the Legal Description attached hereto as Exhibit "A" and incorporated herein.

2. Purchase Price. The total purchase price for the Property shall be One Hundred Twenty Thousand, Two Hundred Three Dollars ($120,203.00) ("the "Purchase Price").

Purchaser shall pay the Purchase Price by depositing into Escrow, on or before the date for close of Escrow, immediately available funds in the amount of the Purchase Price.

3. Conveyance of Title. Seller agrees to convey by Grant Deed to Purchaser marketable fee simple title to the Property, free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes except current taxes not yet due and payable, covenants, conditions, restrictions and reservations of records and easements created by Purchaser.

4.1 Grant Deed. Prior to the close of Escrow, Seller shall execute, acknowledge and deliver into Escrow a Grant Deed (the "Grant Deed") suitable for recordation and conveyance to the Purchaser fee simple interest as indicated hereto in Exhibit "1" incorporated herein. A Certified Resolution of Acceptance to be attached to the Grant Deed shall be delivered into Escrow by Purchaser on or before the close of Escrow. Purchaser and Seller agree to deposit with Escrow Agent any additional instruments as may be necessary to complete this transaction.

5. Pro Rations; Tax Adjustment Procedure. Escrow Agent is authorized and is instructed to comply with the following pro ration and tax adjustment procedure:

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5.1 Delinquent Taxes. Escrow Agent shall pay and charge Seller for any unpaid delinquent property taxes and/or penalties and interest thereon, and for any delinquent assessments or bonds against the Property.

5.2 Current Taxes. Escrow Agent shall pay and charge Seller for that portion of current property taxes and assessments and any penalties and interest thereon allocable to the period prior to the close of Escrow. The portion of current property taxes which would otherwise be allocable to the period after the close of Escrow shall not be allocated, as Purchaser is exempt from payment of property taxes.

6. Escrow Agent Authorization. Escrow Agent is authorized to, and shall:

6.1 Pay and Charge Seller. Pay and charge Seller for any amount necessary to place title in the condition necessary to satisfy Section 3 of this Agreement.

6.2 Pay and Charge Purchaser. Pay and charge Purchaser for any Escrow fees, recording fees and other costs and expenses of Escrow payable under Section 6. 7, below.

6.3 Disbursement. Disburse funds, record the Grant Deed and Certified Resolution of Acceptance, and deliver the title policy to Purchaser, when conditions of the Escrow have been fulfilled by Purchaser and Seller.

6.4 Close of Escrow. The term "close of Escrow," if and where written in these instructions, shall mean the date the Grant Deed and other necessary instruments of conveyance are recorded in the office of the Contra Costa County Recorder.

6.5 Time Limits. All time limits within which any matter specified is to be performed may be extended by mutual agreement of the parties. Any amendment of, or supplement to, any instructions must be in writing.

6.6 Time of the Essence. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE ON OR BEFORE MAY 31, 2024. If this Escrow is not in condition to close by such date, then (a) Purchaser may waive any conditions that have not been met; (b) Purchaser may, in writing, terminate this Agreement and demand the return of its money or property; or ( c) if the delay is caused by the failure of a senior lienholder to subordinate its interests, Purchaser has the right to extend the closing a reasonable period of time to allow the senior lienholder time to process a subordination, which in no event shall exceed six months.

6. 7 Escrow Fees, Charges and Costs. Purchaser agrees to pay all Purchaser's and Seller's usual fees, charges, and costs which arise in this Escrow.

6.8 Transfer Taxes. No transfer tax shall be due because Purchaser is a public entity.

7. Possession and Disposition of Personal Property. Seller shall, prior to the close of Escrow, remove or otherwise dispose of all personal property located on the Property. All personal property remaining on the Property after the Closing shall become the property of Purchaser and Purchaser may dispose of same without liability as it alone sees fit, and Seller shall be liable for the costs of removal which are incurred by the Purchaser. Purchaser shall not

Page 192 of 244 ends

be liable for any loss of or damage to the personal property remaining on the Property, regardless of when loss or damage occurs.

8. Warranties, Representations, and Covenants of Seller. Seller hereby warrants, represents, and/or covenants to Purchaser that:

8.1 Pending Claims. To the best of Seller's knowledge, there are no actions, suits, claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign.

8.2 Encroachments. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any buildings or improvements located on the Property encroach on other properties.

8.3 Condition of Property. The Property is in good condition, and until the close of Escrow, Seller shall maintain the Property in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Property.

8.4 Seller's Title. Until the close of Escrow, Seller shall not do anything which would impair Seller's title to any of the Property.

8.5 Right to Possession. No person or entity other than Seller has the right to possess the Property or any portion of it, as of the date of this Agreement.

9. Full and Complete Settlement for Fee Interest. The total compensation to be paid by Purchaser to Seller is in consideration for all of Seller's interest in the Property and any rights or obligations which exist or may arise out of the acquisition of the Property for public purposes, including without limitation, Seller's fee interest in the land and any improvements and fixtures and equipment located thereon, improvements pertaining to the realty (if any), severance damages, relocation assistance, any alleged pre-condemnation or inverse condemnation damages, loss of business goodwill (if any), costs, interest, attorney's fees, and any claim whatsoever of Seller and Seller's Parties (defined below) which might arise out of or relate in any respect to the acquisition of the Property by the Purchaser.

11. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by facsimile, reputable overnight courier, or sent by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed received upon the earlier of: (i) if personally delivered, the date of delivery to the address of the person to receive such notice; (ii) if mailed, three (3) business days after the date of posting by the United States post office; (iii) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; or (iv) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time. Notice of change of address shall be given by written notice in the manner described in this Section. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice

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was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

If to Seller:

If to Purchaser:

Brian Joseph Friedel
2410 Smith Road
Brentwood, CA 94513
(925) 876-67 46
[email protected]
City of Brentwood
150 City Park Way
Brentwood, CA 94513
Attention: Director of Engineering
(925) 516-5420

14. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by Purchaser and Seller.

15. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below.

PURCHASER:

CITY OF BRENTWOOD, a municipal corporation
Date: __________ _
By:------------ Tim Y. Ogden, City Manager
ATTEST:

By:-------------- Margaret Wimberly, City Clerk
APPROVED AS TO FORM:

BY: ___________ _
Katherine Wisinski, Interim City Attorney
SELLER:

BRIAN JOSEPH FRIEDEL:
~~ h -i==--------Z.

Date:_---'- 4 -+-} _2-2. ___ / 2- ----' 4 __ _

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EXHIBIT "A"

LEGAL DESCRIPTION
(APN 018-100-031)

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EXHIBIT "A"

LEGAL DESCRIPTION

RIGHT OF WAY DEDICATION

LANDS OF FRIEDEL
APN 018-100-031

REAL PROPERTY SITUATE IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF

CALIFORNIA, BEING A PORTION OF LANDS OF FRIEDEL AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED ON JULY 17, 2018 AS DOCUMENT NUMBER 2018-0113229, IN THE OFFICE OF THE CONTRA

COSTA COUNTY RECORDER, BEING ALSO A PORTION OF THE FORMER LANDS OF SMITH AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED ON JANUARY 18, 1943 IN BOOK 8 OF LICENSED SURVEYOR'S MAPS AT PAGE 37, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LANDS OF FRIEDEL, BEING DISTANT SOUTH 89° 16' 16" EAST 659.98 FEET FROM THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 1;

THENCE ALONG THE CENTERLINE OF SMITH ROAD, BEING THE CENTERLINE OF THE LANDS GRANTED TO THE CONTRA COSTA COUNTY FOR A PUBLIC HIGHWAY AS DESCRIBED IN A DEED RECORDED ON MAY 16, 1945 IN BOOK 814 OF ORIGINAL RECORDS AT PAGE 453, RECORDS OF CONTRA COSTA COUNTY, SOUTH 1 ° 18' 1811 WEST 200.00 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 89° 16' 1611 EAST 25.00 FEET TO

THE EASTERLY RIGHT OF WAY LINE OF SMITH ROAD, BEING ALSO THE EASTERLY LINE OF THE LANDS GRANTED TO CONTRA COSTA COUNTY (814 OR 453), BEING ALSO THE EASTERLY RIGHT OF WAY LINE OF THAT "SO FT ROAD R OF WAS SHOWN IN DEED" AS SHOWN ON SAID RECORD OF SURVEY (8 LSM 37), BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE AND SAID EASTERLY LINE OF THE LANDS GRANTED TO CONTRA COSTA COUNTY (814 OR 453), NORTH 01 °18'1811 EAST 155.20 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 89°2413611, AN ARC DISTANCE OF 31.21 FEET; THENCE NORTH 00°43'4411 EAST 25.00' TO THE CENTERLINE OF LONE TREE WAY, AS SAID CENTERLINE IS DESCRIBED IN SAID GRANT DEED TO CONTRA COSTA COUNTY (814 OR 453); THENCE ALONG SAID CENTERLINE, SOUTH 89°1611611 EAST 122.45 FEET; THENCE LEAVING SAID CENTERLINE, ALONG THE EASTERLY LINE OF THE LANDS OF FRIEDEL, SOUTH 01°18'1811 WEST 44.50 FEET; THENCE ACROSS THE LANDS OF FRIEDEL THE FOLLOWING THREE (3) COURSES:

1. ALONG A LINE PARALLEL WITH AND 44.50 FEET SOUTHERLY, RIGHT ANGLE MEASURE, FROM SAID CENTERLINE OF LONE TREE WAY, NORTH 89°16'1611 WEST 112.75 FEET;

2. THENCE SOUTH 46°01'0111 WEST 35.18 FEET;

3. THENCE ALONG A LINE PARALLEL WITH AND 4.50 FEET EASTERLY, RIGHT ANGLE MEASURE, FROM SAID EASTERLY RIGHT OF WAY LINE OF SMITH ROAD, SOUTH 01°18'1811 130.75 FEET WEST TO THE SOUTHERLY LINE OF SAID LANDS OF FRIEDEL;
THENCE ALONG SAID SOUTHERLY LINE, NORTH 89°16'1611 WEST 4.50 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 6,749 SQUARE FEET, MORE OR LESS.

A PLAT, ENTITLED EXHIBIT 'B', IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

SHEET 1 OF 2

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BASIS OF BEARINGS: THE BEARINGS DESCRIBED HEREON ARE BASED ON CALIFORNIA COORDINATE SYSTEM ZONE Ill NAO 1983, EPOCH 2021.75.

THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY SUPERVISION ~ --- ot.1/;1,J~zf
AN=LS 8998 DATE
SHEET 2 OF 2

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CORNER OF SW 1 / 4 SEC. 1
S89" 16' 16" E 659.98'
(N89" 16' 42" W)(R3)
E a. "' N
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I S88" 55' 46" E
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~ SURVEYOR NOTE I ~ THE STATION COORDINATES
"' AND BEARINGS ALONG I 1 LONE TREE WAY AND -0
~ SMITH ROAD WERE
.c: DETERMINED BY CALVADA
i SURVEYING INC., BASED
~ ON A FIELD SURVEY
5 COMPLETED ON MAY 27,
~ 2022. u
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4.50'
N89" 16' 1 6"W
S46" 01' 01 "W

35.18'
112.75'

LANDS OF FRIEDEL
DOC. NO. 2018-113229
APN 018-100-031
0 AREA BEFORE DEDICATION:
27,824 SQ. FT. ±
AREA AFTER DEDICATION:
21,075 SQ. FT.±
N89" 16' 1 6"W 142.00'
0 If)
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(N89" 25'E 167.00')(R1)

LANDS OF BRENTWOOD

UNIFIED SCHOOL DISTRICT
APN 018-100-041

BASIS OF BEARINGS
0 8/::~
~zO
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n::o~

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o~~ _o
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~
i RIGHT OF WAY DEDICATION (FEE)

EXISTING RIGHT OF WAY LINE

EXISTING LOT LINE

THE COORDINATES AND RESULTANT

BEARINGS SHOWN HEREON ARE

BASED ON THE CALIFORNIA
COORDINATE SYSTEM ZONE Ill NAD
1983, EPOCH 2021. 75.

I
0 :!l
c-i
i
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" " C:
'5,
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DOC. 2018-0113229
814 OR 453
186 PM 46

CENTERLINE

MONUMENT TO MONUMENT DISTANCE

POINT OF COMMENCEMENT
TRUE
(R1)
(R2)
(R3)

POINT OF BEGINNING

GRAPHIC SCALE
4111 ~-=====i--==•-llllt:Q =====Jlo --4t:,o==========a1o SCALE: 1 "=40'

EXHIBIT 'B'

PLAT TO ACCOMPANY LEGAL DESCRIPTION
w FOR RIGHT OF WAY DEDICATION /
-0
1= ~----------------------..---------------------- PREPARED BY:
¾ ~ CSG Consultants, ~_: CSG 550 Pilgrim Drive
Foster City, CA 94404 t CONSULTANTS ) ~ ,&¢P Phone (650 522-2500 } Employee - Owned Fax (650) 522-2599
Inc. 2410 SMITH ROAD

CITY OF BRENTWOOD
BRENTWOOD, CA 94513
DATE: 4/16/2024 JOB NO. 22.350
DRAWN BY: SH SHEET 1 OF 1

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EXHIBIT "1"

GRANT DEED
(APN 018-100-031)

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Recorded at the request of:

City of Brentwood
Return to:

City of Brentwood
150 City Park Way
Brentwood, CA 94513
Attn: Debra Galey
Exempt from Documentary Transfer Tax §11922
Exempt from Recording Fee Government Code §6103
APN 018-100-031 portion
2410 Smith Road

GRANT DEED
In Fee
For Valuable consideration, receipt of which is hereby acknowledged, BRIAN JOSEPH FRIEDEL (“GRANTOR”), hereby grants to CITY OF BRENTWOOD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA (“GRANTEE”), the following described real property in the City of Brentwood, County of Contra Costa, State of California:

For description see Exhibits A and B attached hereto and made a part hereof. ________________________________ ___________________
GRANTOR – Date
Brian Joseph Friedel

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Certificate of Acceptance
Government Code §27281
This is to certify that the interest in real property conveyed by the Grant Deed dated ________________________________, from Brian Joseph Friedel, to City of Brentwood, a municipal corporation of the State of California, is hereby accepted pursuant to authority conferred by Ordinance No. 1031 of the City Council adopted on February 24th, 2022, and the City of Brentwood consents to recordation thereof by its duly authorized officer. ________________________________ _____________________
Allan Baquilar Date
Director of Engineering/City Engineer

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CITY COUNCIL AGENDA ITEM NO. E.11
05/14/2024
SUBJECT: Purchase and Sale Agreement with Louis A. Ferraro, as Trustee of the Louis A. Ferraro Family Trust dated July 2, 2004 for road right-of-way for the Lone Tree Way Roadway Improvements, CIP 336-31701.

DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Debra Galey, Senior Analyst
Brant Wilson, Senior Associate Engineer

TITLE/RECOMMENDATION
Adopt a resolution approving and authorizing the City Manager, or designee, to execute an Agreement for Purchase and Sale of Real Property with Louis A. Ferraro, as Trustee of the Louis A. Ferraro Family Trust dated July 2, 2004, for a portion of APN 018-100-038, to acquire road right-of-way for Lone Tree Way Roadway Improvements, CIP Project No. 336-31701, for $68,303, and authorizing execution of other documents as necessary to complete the right-of-way transaction.

FISCAL IMPACT
An appraisal has been prepared to determine the current market value of the 5,389 square feet of in-fee roadway right-of-way, including compensation for damages to the property owner’s improvements within the area to be acquired by the City. The total agreement amount is $68,303 and the funds for this Project are included in the 2023/24-2027/28 Capital Improvement Program. The Project is funded by Development Impact Fees. Any ongoing maintenance costs associated with improvements subsequently constructed will be budgeted for in future Operating Budgets.

BACKGROUND
The property is located at the northwest corner of O’Hara Lane and Smith Road.

Acquisition of the right-of-way will allow for the widening of O’Hara Lane to accommodate traffic flow for the new Brentwood Union School District kindergarten8 th grade school that is currently under construction on the east side of Smith Road, between Lone Tree Way and Big Basin Drive/O’Hara Lane. Once right-of-way is

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CITY COUNCIL AGENDA ITEM NO. E.11
05/14/2024
acquired, construction of roadway improvements is anticipated to begin summer 2024.

CITY COUNCIL STRATEGIC INITIATIVE
Acquisition of road right-of-way furthers Strategic Plan FY2022/23-FY2023/24, Focus Area 1: Public Works, Goal 1 – Transportation: Proactively engage and collaborate with regional transportation agencies and stakeholders to facilitate the safe and efficient movement of people and goods.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
A CEQA Notice of Exemption was filed April 19, 2024 with the Contra Costa County Clerk.

ALTERNATIVE OPTION(S)

1. Do not approve the Purchase and Sale Agreement.

2. Direct staff to further negotiate with the property owner for road right-of-way.

ATTACHMENT(S)

1. Previous Action

2. Road Right-of-Way Exhibit 2311 Smith Road

3. Resolution

4. Purchase and Sale Agreement

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Attachment 1

On June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/2024 – 2027/2028 Capital Improvement Program, which included the Project.

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Road Right-of-Way 2311 Smith Road
Lone Tree Way Roadway Improvements
CIP 336-31701
NEW
SCHOOL
SITE

O'HARA LANE

SMITH ROAD

LONE TREE WAY
2311 SMITH ROAD 2311 SMITH ROAD
30' ROAD 30' ROAD

RIGHT OF WAY RIGHT OF WAY

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER, OR DESIGNEE, TO EXECUTE AN AGREEMENT FOR
PURCHASE AND SALE OF REAL PROPERTY WITH LOUIS A.

FERRARO, TRUSTEE OF THE LOUIS A. FERRARO FAMILY TRUST
DATED JULY 2, 2004, FOR $68,303, FOR A PORTION OF APN
018-100-038, TO ACQUIRE ROAD RIGHT-OF-WAY FOR LONE
TREE WAY ROADWAY IMPROVEMENTS, CIP PROJECT NO. 336-
31701, AND AUTHORIZING EXECUTION OF OTHER DOCUMENTS

AS NECESSARY TO COMPLETE THE RIGHT-OF-WAY
TRANSACTION.

WHEREAS, on December 14, 2021, by Resolution No. 2021-148, the City Council approved an Agreement for Right of Way and Title Services with Bender Rosenthal, Incorporated for various Capital Improvement Projects; and WHEREAS, on June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/2024 – 2027/2028 Capital Improvement Program, which included the Lone Tree Way Roadway Improvements CIP Project; and WHEREAS, acquiring road right-of-way is necessary for constructing and maintaining public roadways; and
WHEREAS, acquiring road right-of-way and widening the roadway will allow traffic circulation for the newly constructed Brentwood Union School District Middle School along Smith Road; and
WHEREAS, acquiring road right-of-way for the purpose of widening a roadway leading to a school is consistent with various General Plan goals, polices, and actions, including Policy CIR 2-6 (“Prioritize bicycle and pedestrian safety for students traveling to and from school”), insomuch as the broadening of this roadway will improve the safety of bicyclists and pedestrians as they journey to and from the new school; and.

WHEREAS, an appraisal has been prepared to determine the current market value of the 5,389 square feet of in-fee roadway right-of-way, including compensation for damages to the property owner’s improvements within the area to be acquired by the City.

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 for Purchase and Sale of Real Property, with Louis A. Ferraro, Trustee of the Louis A. Ferraro Family Trust dated July 2, 2004, for a portion of APN 018-100-038, to acquire road right-of-way for Lone Tree Way Roadway

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Improvements CIP Project No. 336-31701, and authorize execution of other documents as necessary to complete the right-of-way transaction. The City Council further authorizes payment to Louis A. Ferraro, Trustee of the Louis A. Ferraro Family Trust dated July 2, 2004 for $68,303 through escrow with First American Title Company.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of May 2024 by the following vote:

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CITY COUNCIL AGENDA ITEM NO. E.12
05/14/2024
SUBJECT: Award of contract to Ghilotti Bros., Inc. for Lone Tree Way Roadway Improvements (Phase 1), CIP Project No. 336-31701.

DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Brant Wilson, Senior Associate Engineer
Renee Payette, Project Services Specialist

TITLE/RECOMMENDATION
Adopt a Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a contract and necessary documents for Lone Tree Way Roadway Improvements (Phase 1), CIP Project No. 336-31701, (“Project”) with Ghilotti Bros., Inc. (“GBI”) as the lowest responsible and responsive bidder in the amount of $2,031,692.30, plus funding authorization for a 15% contingency of $304,753.84, for a total funding authorization not to exceed amount of $2,336,446.14.

FISCAL IMPACT
The total bid amount is $2,031,692.30, plus funding authorization for a 15% contingency of $304,753.84, for a total funding authorization of $2,336,446.14. The Project is designated as a Multi-Year project and the associated funds for this Project are included in the 2023/24-2027/28 Capital Improvement Program. The Project is funded by Roadway Development Impact Fees.

BACKGROUND
This Project will construct the following infrastructure and pedestrian safety improvements on Smith Road, O’Hara Lane, and Lone Tree Way (from O’Hara Avenue to Tilton Lane): widening of existing and construction of new sidewalk, American Disabilities Act (ADA) compliant curb ramps, curb and gutter; extension of the storm drain system including constructing a bioretention basin for stormwater treatment; installation of a new rectangular rapid flashing beacon; surface facility adjustment; slurry seal, hot mix asphalt mill and fill (grind and overlay), and full depth pavement section reconstruction; signing and striping; and installation of a new masonry wall along Lone Tree Way and fencing. This Project has been coordinated with the

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CITY COUNCIL AGENDA ITEM NO. E.12
05/14/2024
Brentwood Union School District and is mandatory to support a new school, Isaac R.

Montanez Elementary, anticipated to open at the end of July 2024.

The Project was advertised on April 3, 2024, and bids were opened on April 24, 2024.

The following four bids were received.

Bidder Bid Amount
Ghilotti Bros., Inc. $2,031,692.30
Radius Earthwork, Inc. $2,118,681.21
McGuire and Hester $2,239,828.00
Redgwick Construction Co. $2,472,047.00
Staff reviewed the bids received and is recommending the award of the contract for the Project to GBI for submitting the lowest responsible and responsive bid.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
A Notice of Exemption was filed with the Contra Costa County Clerk Recorder on April 19, 2024.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation based on legally defensible findings.

3. Continue item with direction for staff to return with additional information.

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CITY COUNCIL AGENDA ITEM NO. E.12
05/14/2024

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Contract

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On June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/24 – 2027/28 Capital Improvement Program, which included the Project.

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE CONTRACT DOCUMENTS,

AWARDING THE BID AND AUTHORIZING THE CITY MANAGER

OR DESIGNEE TO EXECUTE A CONTRACT AND NECESSARY

DOCUMENTS FOR LONE TREE WAY ROADWAY IMPROVEMENTS
(PHASE 1), CIP PROJECT NO. 336-31701, WITH GHILOTTI
BROS., INC. AS THE LOWEST RESPONSIBLE AND RESPONSIVE
BIDDER IN THE AMOUNT OF $2,031,692.30, PLUS FUNDING
AUTHORIZATION FOR A 15% CONTINGENCY OF $304,753.84,

FOR A TOTAL FUNDING AUTHORIZATION NOT TO EXCEED
AMOUNT OF $2,336,446.14.

WHEREAS, on June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/24 – 2027/28 Capital Improvement Program, which included Lone Tree Way Roadway Improvements (Phase 1), CIP Project No. 336-31701 (“Project”); and
WHEREAS, this Project will construct the following infrastructure and pedestrian safety improvements on Smith Road, O’Hara Lane, and Lone Tree Way (from O’Hara Avenue to Tilton Lane): widening of existing and construction of new sidewalk, American Disabilities Act (ADA) compliant curb ramps, curb and gutter; extension of the storm drain system including constructing a bioretention basin for stormwater treatment; installation of a new rectangular rapid flashing beacon; surface facility adjustment; slurry seal, hot mix asphalt mill and fill (grind and overlay), and full depth pavement section reconstruction; signing and striping; and installation of a new masonry wall along Lone Tree Way and fencing; and WHEREAS, this Project has been coordinated with the Brentwood Union School District and is mandatory to support a new school, Isaac R. Montanez Elementary, anticipated to open at the end of July 2024; and WHEREAS, the Project was advertised on April 3, 2024, and four bids were received and opened on April 24, 2024; and
WHEREAS, staff reviewed the bids received and is recommending the award of the contract for the Project to Ghilotti Bros., Inc. for submitting the lowest responsible and responsive bid.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the contract documents, award the bid and authorize the City Manager or designee to execute a contract and necessary documents for Lone Tree Way Roadway Improvements (Phase 1), CIP Project No. 336-31701, with Ghilotti Bros., Inc. as the lowest responsible and responsive bidder in the amount of $2,031,692.30, plus funding authorization for a 15% contingency of $304,753.84, for a total funding authorization not to exceed amount of $2,336,446.14.

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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of May 2024 by the following vote:

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Contract
This public works contract (“Contract”) is entered into by and between the City of Brentwood (“City”) and Ghilotti Bros., Inc., an S Corporation (“Contractor”), for work on the Lone Tree Way Roadway Improvements (Phase 1), CIP No. 336-31701 (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On _____________, 2024, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. City has elected to include the following Project alternate(s) in the Contract: No alternates.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: No other documents.

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $2,031,692.30 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 72 calendar days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $5,000 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

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7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

City of Brentwood
Engineering Department
150 City Park Way
Brentwood, CA 94513
925.516.5420
Attn: Brant Wilson, PE, Senior Associate Engineer
[email protected]

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Contractor:

Name: Ghilotti Bros., Inc.

Address: 525 Jacoby Street
City/State/Zip: San Rafael, CA 94901
Phone: 415.454.7011
Attn: Michael M. Ghilotti
Email: [email protected]
Copy to: Natalia Schlabach, [email protected]

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313. [Signatures on following page.]

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12.9 Digital/Electronic Signatures. Using a City-approved method, this Contract may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Contract will be construed as the Parties’ consent to do business electronically.

The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ Tim Y. Ogden, City Manager Katherine Wisinski, Interim City Attorney Date: ___________________________ Date: ______________________________

Attest:
s/_______________________________
Margaret Wimberly MMC, City Clerk
Date: ___________________________
CONTRACTOR: Ghilotti Bros., Inc.

Business Name
s/_______________________________ Seal:

Michael M. Ghilotti, President
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
Nicholle Henning, CFO
Date: ____________________________
132128 Expires 12/31/25___________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT

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CITY COUNCIL AGENDA ITEM NO. F.1
05/14/2024
SUBJECT: Discuss and provide direction regarding potential modifications to the regulation of outdoor dining and merchandise displays in Downtown Brentwood to ensure an aesthetic, safe, and accessible environment
DEPARTMENT: City Manager’s Office
STAFF: Darin Gale, Assistant City Manager

TITLE/RECOMMENDATION
Staff recommends that the City Council discuss and provide direction regarding potential modifications to the regulation of outdoor dining and merchandise displays in Downtown Brentwood, as well as implementation of an updated ordinance, and authorize staff to prepare the appropriate text amendments to the Brentwood Municipal Code and Downtown Specific Plan for Planning Commission consideration.

FISCAL IMPACT
There are no fiscal impacts associated with this action; however, enforcement and implementation of an updated code will require additional staff time and resources.

BACKGROUND
In January of 2022, the City Council authorized a future agenda item to discuss outdoor dining and vending in Downtown Brentwood due to conflicts created by newly created outdoor dining spaces. Specifically, this included conflicts with outdoor dining where pedestrians on the sidewalk had to walk through a dining area and the consumption of alcohol in these areas. Although limited instances of these conflicts remain, many of the specific issues leading to this future agenda item were resolved, as the businesses creating the conflict are no longer in operation.

Although the original issue giving rise to this future agenda item was resolved, some conflicts remain. One specific conflict is that the area a business is authorized to occupy is not clearly defined as part of the existing approval process. For example, when the City installed new shade structures in Downtown, it was assumed that businesses would operate under the rooflines of those structures, but it was not explicitly required and has resulted in conflicts.

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CITY COUNCIL AGENDA ITEM NO. F.1
05/14/2024
Businesses in Downtown Brentwood that have an outdoor dining area or are displaying merchandise are operating on the sidewalk and within the public right of way. The City’s current regulations do not clearly set forth a common vision for the use of the public right of way for private purposes Downtown. Through a detailed update to these regulations, the City can properly implement a vision and ensure the continued success of Downtown businesses.

In response to the original future agenda item request, this report includes an overview and status of the current outdoor dining rules and a variety of options for the City Council to consider. Staff has had some conversations with the Downtown Brentwood Coalition (DBC) regarding conflicts related to businesses operating on the sidewalk, but no meetings have been held with any specific businesses to date. Once the City Council provides policy direction, staff will begin the process of working with the DBC and Downtown businesses to draft modified regulations for City Council consideration, so this is just the first step in the process. Both residents and businesses will have multiple opportunities to weigh in on this process.

OUTDOOR DINING IN THE DOWNTOWN ZONE
The City’s existing rules governing outdoor dining Downtown are found in two locations: general parameters are found in the Downtown Specific Plan, which was originally adopted in 2005 and subsequently amended, and more specific standards are set out in the Zoning Ordinance of the Brentwood Municipal Code (Chapter 17.900 – Standards for Outdoor Dining Uses and Merchandise Displays in the Downtown Zone). Outdoor dining and merchandise display permits are currently issued through a no fee Administrative Design Review (ADR) process by the Community Development Department. The current code requires pedestrian walkway clearance of four feet, as well as basic standards for lighting, furniture, and fixtures, but it lacks detail and has limited enforcement tools if a business does not follow the code.

In addition to the ADR process, during the COVID-19 pandemic, City orders by the Director of Emergency Services included a General Operations Policy to comply with and address Federal, State, and County orders issued to protect the public from the spread of COVID-19. By the summer of 2020, the impact of mandatory indoor dining prohibitions were threatening the continued viability of restaurants across the nation.

In California, according to the California Restaurant Association, between March and August 2020, 900,000 to 1 million California restaurant workers had either been laid off or furloughed. Locally, in order to both safeguard the public health and aid the ongoing existence of local restaurants, the Director of Emergency Services delegated authority to City staff to allow for temporary outdoor dining, providing Brentwood restaurants with flexibility to maintain business operations. Although this was intended to be temporary in nature, tracking the contours of the pandemic, some Downtown businesses that received temporary approval during COVID-19 continue to operate outdoor dining without an approved ADR or outside of their approvals.

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CITY COUNCIL AGENDA ITEM NO. F.1
05/14/2024
Other businesses located outside of Downtown returned to normal operations and no longer operate outdoor dining; for example, private parking lots were commonly used for outdoor dining in other locations. This ordinance and discussion is specific to Downtown uses in the public right of way.

Existing Downtown businesses with outdoor dining or merchandising display can be classified in one of the five following categories:

1. Approved ADR and in compliance with approval;

2. Approved ADR but not in compliance with approval;

3. Allowed to operate under temporary outdoor dining permit due to COVID;

4. Allowed to operate under a temporary outdoor dining permit due to COVID but have expanded footprint; or

5. No review or approval from staff for outdoor merchandise display.

ZONING ORDINANCE ALTERNATIVES
The current process for reviewing outdoor dining or merchandise displays in the Downtown lacks the clarity needed for staff to properly enforce this section of the Zoning Ordinance.

Staff from Economic Development and Community Development have reviewed Brentwood Municipal Code Chapter 17.900 and recommend that the City Council modify the existing outdoor dining and merchandising display regulations. The modification would be based on City Council direction provided after carefully reviewing the standards found within this section of the zoning ordinance and Downtown Specific Plan.

Options that could be explored in an updated ordinance are as follows:
a. Modify BMC Chapter 17.900 with new requirements and standards.

Currently, there is a no-cost Planning staff review for outdoor dining and merchandise display (the ADR process). Certain physical building improvements required by the Building Code may necessitate building permits.

Instead of the current ADR process that does not include the needed specific outdoor dining or merchandise display standards or requirements, staff recommends creating an official outdoor dining and merchandising display permit. This permit should be processed in conjunction with a nominal flat fee to businesses, as there are costs associated with processing and enforcing such permits. Although the current ordinance does allow for a fee to process such approvals, no fee is currently included in the City’s Cost Allocation Plan. Staff recommends that an updated ordinance include more specific requirements clearly defining the space in which a business can operate; and requiring a

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CITY COUNCIL AGENDA ITEM NO. F.1
05/14/2024
cleaning deposit, liability insurance, annual inspections, etc. Although many businesses will have concerns with the costs associated with these new requirements, this is part of the cost associated with operating within the public right of way. City staff is not proposing to charge or lease the space for a fee to an operator.
b. Public pedestrian access through a controlled and permitted outdoor dining area premises will not be permitted where alcohol is served.

Instead, permitted outdoor dining area premises where alcohol is served must be contiguous to the business establishment and separated by a permanent form of fencing.

This type of outdoor dining configuration in the public right of way was voluntarily removed by a local business and is not currently present in the Downtown. Staff recommends language be included in an updated ordinance to ensure this does not occur again.
c. Increasing the public pedestrian walkway clearance to five (5) feet, from the existing requirement of four (4) feet, with allowances for the Director of Community Development to provide administrative approval for four (4) feet should physical limitations on the public sidewalk create conflicts with the proposed outdoor dining area.

This standard could apply to new outdoor dining permittees. Existing permitted establishments could adhere to the previous applicable standard of four feet, and maintain accessibility and compliance with applicable Building Code provisions at all times, but will be required to ensure the sidewalk is cleaned on a regular basis. In certain instances, existing outdoor dining areas constructed to improve outdoor dining options during the COVID-19 pandemic may need to be modified based on field inspections by the Community Development Department. City Economic Development staff, as well as the Downtown Brentwood Coalition, will work with business owners to ensure the built environment focuses on an accessible Downtown.
d. Permittees to be required to regularly clean the sidewalk in front of their business establishment out to the back of the curb. If the sidewalk is not properly cleaned, the outdoor dining permit can be revoked by following the City’s Municipal Code (Section 17.890.006).

The existing ordinance states that a property owner/business with an ADR is to maintain the sidewalk in front of the business (17.900.005(J)), but this is not well-defined. This section of the code will need to be improved and expanded to ensure staff has a process to revoke a permit if a condition is not properly implemented. Staff recommends that criteria for revocation of a permit be included in the new ordinance, as well as specific regulations related

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CITY COUNCIL AGENDA ITEM NO. F.1
05/14/2024
to maintenance responsibilities.
e. Consider restricting installation of bar seating designed to seat customers facing the public right of way.

For conflicts with a bar having seating facing the public right of way, if the City Council wanted to restrict this, it could be included in an updated ordinance and staff would need direction on how or if existing businesses would be impacted.
f. Cleary define the placement, height, material, and allowed use for all fencing.

When the City installed new shade structures Downtown, it was assumed businesses would operate under the rooflines of those structures, but it was not explicitly required. Currently, there is no uniform placement, height, or materials used for fencing Downtown. Some fences are attached to the inside of the shade structures, whereas others are attached to the outside or well beyond the shade structures. This lack of uniformity creates conflicts between patrons of a business and the general public using the sidewalks.

The above list is not an exhaustive list of items that could be included in a modified set of regulations, but it includes many important items that affect existing businesses. With City Council direction on the items above, and on other items pertaining to this section of the Zoning Ordinance, staff will prepare an updated set of regulations for consideration. Staff will likewise prepare and bring back conforming Downtown Specific Plan amendments to ensure uniformity amongst all applicable regulations. For example, the outdoor dining regulations in the Downtown Specific Plan only require a four foot pedestrian walkway clearance; if the City Council directed staff to increase this distance, an amendment to the Downtown Specific Plan would be needed to ensure consistency with a revised Municipal Code requirement.

Based upon current City Council priorities being worked on by City staff, this set of amendments to the Downtown Specific Plan and Zoning Ordinance would be a 12 month process. The process could include an update with the City Council prior to beginning the process of adoption, which requires a review and recommendation by the Planning Commission as part of a notice public hearing.

IMPLEMENTATION PROCESS
City staff will need to review each outdoor dining set up and outdoor merchandise display to determine current approval status. As discussed above, during COVID-19, the City and most Downtown businesses partnered on shade structures attached to buildings. The poles for each shade structure were placed to ensure compliance with the City’s outdoor dining and building codes. After installation of the shade

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CITY COUNCIL AGENDA ITEM NO. F.1
05/14/2024
structures, most businesses installed fencing to allow for seating in a defined area and to meet California Department of Alcoholic Beverage Control requirements. Most fences were installed without City review or permits and, as a result, their placement is not uniform and a few are in areas where staff would not recommend them to be.

Below is a matrix for City Council consideration and direction regarding the implementation of a new set of regulations. Some of the options below would require a business to make improvements and or changes to existing improvements. Others may require legal review to determine their feasibility. For example, a business might be required to move, change, or eliminate current fences, seating, or other improvements. Additionally, as part of this process, the City will follow up with each property owner to ensure all proper building permits are obtained and improvements inspected related to outdoor improvements within the public right of way.

Current Status Option A Option B Option C
Approved ADR
and in
compliance
Allow business to
continue operating
under existing ADR
Require business to
meet new standards
under a new permit
process
*Add clarity to
condition
requiring business
to regularly clean
sidewalk, annual
inspections, and
meet liability
insurance
requirements
Approved ADR
out of
compliance with
approval
Require business to
apply for new
permit based upon
existing standards
*Require business to
apply for new permit
based upon new
standards
*Add clarity to
condition
requiring business
to regularly clean
sidewalk, annual
inspections, and
meet liability
insurance
requirements
Operating under
a temporary
COVID approval
Require business to
apply for a permit
under existing
standards and add
clarity to condition
related to sidewalk
cleaning,
inspections and
liability insurance
requirements
*Require business to
apply for a permit
under new standards

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CITY COUNCIL AGENDA ITEM NO. F.1
05/14/2024
Current Status Option A Option B Option C
Operating
without City
review or
approval
Require business to
apply for permit
under existing
standards and add
condition related to
sidewalk cleaning,
inspection and
liability insurance
requirements
*Require business to
apply for a permit
under new standards
*Staff recommended options

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included in attachment 1.

DATE OF NOTICE
Not applicable.

ENVIRONMENTAL DETERMINATION
Not applicable at this time.

ATTACHMENT(S)

1. Previous Actions

2. Current Outdoor Dining and Merchandise Zoning Code

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ATTACHMENT “A”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On November 16, 2005, the City Council adopted Resolution No. 2005-276, adopting the Downtown Specific Plan, which includes regulations pertaining to outdoor dining in the downtown.

On January 8, 2008, the City Council adopted Ordinance 853, which included Standards for Outdoor Dining Uses and Merchandise Displays in the Downtown (DT) Zone (BMC Chapter 17.900).

On June 24, 2014, the City Council adopted Resolution No. 2014-95, modifying various aspects of the Downtown Specific Plan, including minimal changes to the outdoor dining provisions.

On March 17, 2020, the City Council adopted Resolution No. 2020-36, ratifying the Director of Emergency Service’s proclamation of a local emergency in the City of Brentwood.

On January 11, 2022, the City Council authorized staff time and resources to research amended outdoor dining design standards, with approvals to be considered by the Planning Commission before returning to the City Council for final action.

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CHAPTER 17.900

STANDARDS FOR OUTDOOR DINING USES AND MERCHANDISE

DISPLAYS IN THE DOWNTOWN (DT) ZONE
§ 17.900.001. Purpose and intent.

The purpose and intent of this chapter is to encourage new development in the downtown (DT) zone; to carefully consider the impacts of new commercial development on the viability on the downtown, to facilitate the expansion of existing businesses that will draw additional shoppers to downtown; to develop a design plan for the downtown to create a feeling of unity and destination so that buildings compliment each other; to establish development and operational standards for the review of outdoor dining uses and merchandise display in the downtown (DT) zone; and to encourage business organizations to sponsor retail events to bring shoppers to the downtown area on a regular basis.
( Ord. 853 § 9, 2008)
§ 17.900.002. Outdoor dining uses in the public right-of-way defined. "Outdoor dining uses in the public right-of-way" means eating or drinking establishments which serves ready-to-eat food and/or beverages, having outdoor dining areas in or on a public right-of-way.
( Ord. 853 § 9, 2008)
§ 17.900.003. Outdoor merchandise displays in and out of the public right-of-way defined.
"Outdoor merchandise displays in and out of the public right-of-way" means retail commercial establishment displays of merchandise offered for sale, in the public rightof-way or that can otherwise be seen from ground level of a public right-of-way. ( Ord. 853 § 9, 2008)
§ 17.900.004. Applicability of outdoor dining uses and merchandise displays standards.

Establishment of an outdoor dining use or merchandise display in the public right-ofway shall require design review approval and issuance of an outdoor dining/merchandise display permit by the director of community development or designee and shall be prepared and submitted pursuant to Chapter 17.800 of the Brentwood Municipal Code.

The director of community development or designee shall follow the procedures of this chapter prior to issuing an outdoor dining/merchandise display permit and notices for outdoor dining uses serving alcoholic beverages shall be sent to all property owners and businesses within three hundred feet of the proposed site. The director of community development or designee may establish conditions of approval for the outdoor dining use or merchandise display permit as necessary to achieve the requirements of this chapter.

Upon receipt of an application for outdoor dining permit serving alcoholic beverages, the director of community development or designee shall refer the application to the chief of police for his or her review and comment. Approval of the outdoor dining permit by City of Brentwood, CA
§ 17.900.001 § 17.900.004
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the director of community development or designee shall also fulfill the requirements of Chapter 9.36 of the Brentwood Municipal Code.
( Ord. 853 § 9, 2008)
§ 17.900.005. Required standards.

No outdoor dining use or merchandise display in the public right-of-way may be approved unless all of the following development and operational standards are met:

A. Outdoor dining use shall be permitted as allowed under the downtown core street alt. "B" flexible zone and as shown in the downtown specific plan, or on public sidewalks as long as all other applicable regulations are adhered to.

B. A four-foot unobstructed sidewalk clearance for pedestrians and wheelchairs shall be maintained at all times from a table, chair, bench, display, planter, or any other appurtenance used as part of a sidewalk dining area or sidewalk decorative display.

No sidewalk dining area or sidewalk decorative display shall be located so as to block access to or from a building. A minimum unobstructed clear area shall be maintained which extends two feet to either side of both door jambs and eight feet perpendicularly from the door in a closed position. On a corner lot, no sidewalk dining area or sidewalk decorative display shall be located within the area bounded by the extensions of the corner building walls between the building and the curb.

C. Sidewalk decorative displays shall occupy no more than fifty square feet per business. All sidewalk decorative displays shall be removed daily after business hours. All sidewalk dining furniture, including planters or other approved barriers around a sidewalk dining area, may remain if unable to be easily moved. No portion of a sidewalk dining area or sidewalk decorative display shall be permanently attached to the sidewalk.

D. Any umbrella, heater, or similar feature used in a sidewalk dining area or sidewalk decorative display shall maintain a minimum height clearance of seven feet and be safely secured to the satisfaction of the director of public works/city engineer and chief building official or their designees.

E. Sidewalk dining areas and sidewalk decorative displays shall generally be located within the sidewalk area fronting the establishment. Such areas may be extended beyond the frontage with the approval of any affected business owner and the director of community development or designee.

F. Outdoor dining and merchandise display in the public right-of-way shall not be required to provide additional parking spaces for the outdoor area.

G. Any outdoor lighting associated with outdoor dining areas shall be subject to the approval of the director of community development or designee.

H. Sound amplification devices and/or musical instruments providing background music for listening pleasure, shall be allowed in the outdoor dining areas to the approval of the director of community development or designee.

City of Brentwood, CA
§ 17.900.004 § 17.900.005
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I. The design and appearance of all proposed improvements or furniture, including, but not limited to, tables, chairs, benches, umbrellas, planters, and menu boards, to be placed in the sidewalk dining area shall present a coordinated theme and be compatible with the appearance and design of the principal building, as determined by the director of community development and chief building official or their designees. The use of plastic tables and chairs is prohibited. Sidewalk decorative displays shall be designed to enhance the appearance of a structure or site and shall present an attractive arrangement of merchandise sold within the store. Sidewalk dining and/or outdoor merchandise display may only occur during the hours of operation established for the individual businesses.

J. The permittee shall maintain the sidewalk dining area or sidewalk decorative display area, and the adjoining street, curb, gutter, and sidewalk in a neat, clean, and orderly condition at all times. This shall include all tables, chairs, benches, displays, or other appurtenances placed in the public right-of-way. Provisions shall be made for trash receptacles to serve the sidewalk dining area, subject to the approval of the director of public works/city engineer and director of community development or designees. The permittee, on a regular basis, shall clean the surface of the sidewalk by washing or buffing to remove any stains, marks, or discoloring to the satisfaction of the director of public works/city engineer or designee. In the event damage does occur to the adjoining street, curb, gutter, or sidewalk the permittee shall notify the city of the damages and shall be responsible for all repairs of said damages subject to the review and approval of the director of public works/ city engineer and chief building official or designees.

K. Special Standards for Outdoor Dining Areas with Alcoholic Beverage Service.

1. Alcoholic beverages may only be served in sidewalk dining areas which are established in conjunction with an eating or drinking establishment.

2. The sidewalk dining area shall be physically separated from the rest of the sidewalk by a barrier no greater than three feet in height. The barrier shall be compatible with the appearance and design of the building and the rest of the sidewalk dining area and shall be subject to the approval of the chief of police, director of public works/city engineer and director of community development or designees. The barrier shall be portable and may consist of planters, removable bollards, or similar features which involve no alteration or damage to the sidewalk.

3. A sign shall be posted within the establishment, subject to the approval of the chief of police and director of community development or designees, stating that alcoholic beverages must be kept within the sidewalk dining area at all times.

4. The capacity of the sidewalk dining area shall be limited to the number of seats, as approved by the director of community development or designee.

5. No bar shall be allowed in the sidewalk dining area.

City of Brentwood, CA
§ 17.900.005 § 17.900.005
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( Ord. 853 § 9, 2008; Ord. 882 § 2, 2010)
§ 17.900.006. Indemnification and insurance.

The permittee shall be required to defend, indemnify and hold harmless the city and its officers and employees from and against all claims, losses, damage, injury and liability for damages arising from the permit tee's use of the public right-of-way. The permittee shall provide to the city in a form and in amounts acceptable to the city attorney or designee, certificates of insurance evidencing the existence of a general liability policy covering the area subject to the permit.
( Ord. 853 § 9, 2008)
§ 17.900.007. Suspension of permit.

The director of public works/city engineer or designee shall have the right to suspend or prohibit the operation of a sidewalk dining area or require removal of a sidewalk decorative display at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems or conflicts may arise from, but are

6. A license shall be obtained from the Department of Alcoholic Beverage Control (ABC) prior to the operation of a sidewalk dining area serving alcoholic beverages and shall be maintained continuously as long as alcoholic beverages are served in the sidewalk dining area. Loss of such license shall automatically constitute termination of the city permit to serve alcoholic beverages in the sidewalk dining area.

L. In addition to whatever signage may be permitted for the dining establishment use by the specific plan, and notwithstanding any provisions of the specific plan to the contrary, provided that the sign is attractively designed, maintain adequate pedestrian and vehicle sight clearance per subsection B of this section, does not block the visibility of display windows or signage of any adjacent business, is stored indoors after hours of operation, and is limited to no more than a thirty-six inch by eighteen inch area. Additional signage on umbrellas may also be permitted.

Umbrella signage shall be limited to the business name only and shall consist of only one line of lettering not to exceed twelve inches in height. The director of community development or designee shall have design review authority for signs used in conjunction with outdoor dining uses and shall carry out such design review authority in conjunction with the overall review of the outdoor dining use.

M. No outdoor dining or merchandise display in the public right-of-way, including furnishings and signs, shall block visibility of display windows or signage of adjacent businesses, unless written consent of any affected business owner to block visibility is obtained by the applicant and provided to the director of community development or designee.

N. The permittee shall pay any applicable outdoor dining and merchandise display permit fee established by the city's cost allocation plan. Applications for an outdoor dining or merchandise display permit in the public right-of-way shall be filed by the operator of the use, or by an agent, trustee or attorney for the operator.

City of Brentwood, CA
§ 17.900.005 § 17.900.007
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not limited to, scheduled festivals, parades, marches and similar special events; repairs to the street, sidewalk or other public facility; or from demonstrations or emergencies occurring in the area. To the extent possible, the city will give prior written notice of any time period during which the operation of the sidewalk dining area or sidewalk decorative display must be suspended.
( Ord. 853 § 9, 2008)
§ 17.900.008. Violation of conditions.
( Ord. 853 § 9, 2008)
§ 17.900.009. Procedure for outdoor merchandise displays not in the public rightof-way.

Any business wanting to establish an outdoor merchandise display area that can otherwise be seen from ground level of a public right-of-way and is located on-site and A. If any portion of a sidewalk dining area or sidewalk decorative display obstructs the public right-of-way beyond which is provided for in this chapter, the director of community development or designee shall immediately direct the permittee to move the obstruction. If the permittee fails to do so, the director of community development or designee is entitled to immediately move the obstruction.

B. If the sidewalk dining area or sidewalk decorative display is not maintained in a neat, clean, and orderly condition, or as conditioned by the director of community development, the director of community development or designee shall direct that the permittee or property owner correct the condition and/or remove the furniture, displays, and appurtenances. If the director of community development or designee finds that it is necessary to remove the furniture, displays, or appurtenances in the interest of the public health, safety, or general welfare and the permittee fails to remove them, the director of community development or designee may immediately remove them at the expense of the permittee or property owner.

C. A sidewalk dining/decorative display permit may be revoked by the director of community development or designee upon a determination that the permittee has not complied with the provisions of this chapter or the conditions of the design review approval. The director of community development or designee shall hold a hearing and, if not satisfied that the provisions or conditions are being complied with, shall revoke the permit or take such actions as may be necessary to ensure compliance with the regulation or condition.

D. The director of community development or designee shall suspend the service of alcoholic beverages in the sidewalk dining area and shall hold a hearing on the matter as provided in Section 17.900.010(C), if a sidewalk dining area serving alcoholic beverages is not operated as required in this chapter, or if the restaurant operator is not able to control patrons consuming alcoholic beverages to the extent that patrons demonstrate a pattern of behavior of loud, offensive, or abusive actions, the physical or verbal harassment of passers-by, or the removal of alcoholic beverages from the sidewalk dining area.

City of Brentwood, CA
§ 17.900.007 § 17.900.009
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outside of the public right-of-way outdoor merchandise display area, as described in this chapter, shall submit a design review application for the outdoor merchandise display area to the city, for review an approval, pursuant to Chapter 17.820 of the Brentwood Municipal Code, prior to establishing the outdoor merchandise display area on-site. The purpose of this is to foster an attractive design for the outdoor merchandise display area through consideration of aesthetic and functional relationships to surrounding business establishments and in order to further enhance the city's appearance, and the livability and usefulness of the properties. The intent of this is to allow decorative outdoor display of merchandise and not outdoor storage of merchandise.
( Ord. 853 § 9, 2008)
§ 17.900.010. Appeal.

Action of the community development director may be appealed pursuant to Chapter

17.880 of the Brentwood Municipal Code.
( Ord. 853 § 9, 2008)
City of Brentwood, CA
§ 17.900.009 § 17.900.010
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Brentwood City CouncilMay 14, 2024

Brentwood City Council
May 14, 2024