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HomeMy WebLinkAboutResolution 2021-0600. RESOLUTION NO. 2021-060 .. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING COMPENSATION PAYMENT AND A RIGHT-OF-WAY AGREEMENT WITH ESCROW INSTRUCTIONS FOR PROPERTY ACQUISITIONS WITH M P ANNEX, LLC (APN 049-131-050 AND 049-131-083) FOR DEL RIO ROAD AND EL CAMINO REAL IMPROVEMENTS IN THE VICINITY OF US 101 INTERCHANGE PROJECT WHEREAS, the City Council of the City of Atascadero ("City") adopted conceptual plans and plan line setbacks for Del Rio Road and EI Camino Real in the vicinity of the US 101 Interchange for the east side of US 101 on September 22, 2020 (Resolution No. 2020-071) and for the west side of US 101 on April 13, 2021 (Resolution No. 2021-009) that establish geometric layouts and identifies future right-of-way and other land acquisitions associated with the concept plans; and WHEREAS, the adopted concept plans and plan line setbacks identify land acquisitions for additional right-of-way and maintenance access easement to accommodate future roadway improvements from two parcels (APNs 049-131-050, -083) at the northwest corner of El Camino Real and Del Rio Road; and WHEREAS, M P Annex, LLC is the owner of the above said parcels and agreed to negotiate with the City to acquire a portion of the two parcels for the additional right-of-way and maintenance access easement; and _ WHEREAS, with the consent of M P Annex, LLC, the City hired Hamner, Jewell Associates to prepare an appraisal report to base compensation for the City t6 acquire 2,W square feet of additional right-of-way for public road purposes on Del Rio Road and a 1,572 square foot maintenance access easement for maintaining a future retaining wall; and = WHEREAS, the appraisal report dated February 24, 2021 prepared by Hamner, Jewell & Associates values total compensation for the partial fee acquisition and maintenance access easement at $70,200, which M P Annex, LLC agrees is fair compensation; and WHEREAS, a Right -of -Way Agreement (with Escrow Instructions) and Grant Deed has been prepared for the City to acquire said property and easement from M P Annex, LLC. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Recitals. The foregoing Recitals are true and correct and are hereby incorporated by this reference. FMIR SECTION 2. Approval. The City Council hereby approves the Right -of -Way Agreement (with Escrow Instructions) for partial fee acquisition and maintenance access easement acquisition with M P Annex, LLC (APNs 049-131-050, -083) for $70,200. City of Atascadero Resolution No. 2021-060 Page 2 of 2 SECTION 3. CEQA. This action is exempt from the Guidelines of the California Environmental Quality Act (CEQA) based on Section 15061.(3), (b) which exempts activities that are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Approving Right-of-way Agreements for property acquisitions will not have any significant adverse environmental impacts associated with this Resolution. SECTION 4. The City Manager is hereby authorized and directed to take all appropriate actions and execute Right -of -Way Agreement and other documents which the City Manager may deem necessary or advisable in order to effectuate the purposes of this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council held on the 13th day of July, 2021. On motion by Council Member Dariz and seconded by Council Member Bourbeau, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Bourbeau, Dariz, Funk, Newsom, and Mayor Moreno NOES: None ABSENT: None ADOPTED: None CITY OF ATASCADERO Heather Moreno, Mayor La K. ltri to erk AP ROV ED S TO FORM: Brian Pierik, City Attorney n n