HomeMy WebLinkAboutResolution 2021-0600. RESOLUTION NO. 2021-060
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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
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