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HomeMy WebLinkAbout2006-044 RESOLUTION NO 2006-044 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO NEGOTIATIONS AND A CONTRACT TO PURCHASE EXCESS STATE PROPERTY CONSISTING OF A .261 ACRE PARCEL LOCATED ON THE SOUTHWEST CORNER OF HIGHWAY 41 AND CEMETERY ROAD WHEREAS, the California State Department of Transportation (CalTrans) has contacted the City regarding excess right of way property near the intersection of Cemetery Road and Highway 41, and, WHEREAS, the property is described in Exhibit A, attached hereto and incorporated herein and graphically depicted in Exhibit B, attached hereto and incorporated herein, and, WHEREAS,the City Council has determined that the highest and best use for the .261 acre parcel is as open space; and, WHEREAS, the City Council has determined that this parcel of land currently disburses storm water from the surrounding areas, and, WHEREAS, the City Council has determined that this parcel is in a location identified by the City's General Plan as a civic gateway to the City NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero SECTION 1. The City Council does hereby direct the City Manager to enter into negotiations for the purchase of the real property, more particularly described in Exhibit A attached hereto SECTION 2. The City Council hereby authorizes the City Manager to enter into a Contract to Purchase with the State of California, Department of Transportation,not to exceed$71,600 00 SECTION 3. The City Council hereby authorizes the City Manager to sign all documents and release all monies as required to complete the purchase of the real property described in Exhibit A, attached hereto J City of Atascadero Resolution No.2006-044 Page 2 of 4 On motion by Council Member Luna and seconded by Council Member Scalise, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote AYES Council Members Clay, Luna, Pacas, Scalise and Mayor O'Malley NOES None ABSENT None ADOPTED- April 25, 2006 CfTY- OF ATASC ERO By Tom O'Malley, yor ATTEST Marcia McClure Torgerson, C.M.C., (all City Clerk APIO SAS T atnclj City Attorney i City of Atascadero Resolution No.2006-044 Page 3 of 4 . " Exhibit A Highway 41 Property—Legal Description That portion of the land described in the deed recorded April 81'`, 1997' as Document Number 1997-017201 Official Records of said county, in the office of the County Recorder within the following described area; Beginning at the southeasterly terminus of the record course IS 57°48139" E", 150 92 feet" described in said deed; thence (1) along record course 3 of said deed 5 11"08'26" E, 61 53 feet; thence (2) along record course 4 of said deed S 59°16100" W, 28 28 feet thence (3) along record course 5 of said deed N 47°07122" W, 93 27 feet to a point on the record course "north 14'14' nest, I71 13 feet" described in the deed recorded August 10", 1994, as Document Number 1994-047107 Official Records of said county; thence (4) N 32011120" E, 52 65 feet to a point on the record course "S .57°48'39" E", 150 92 feet" described in said Document Number 1997-017201 thence (5) S 57°48139" E", 62 30 feet to the point of beginning Bearings and distances used herein are based on the California Coordinate System, Zone 05 Multiply distances by 1 000036950 to obtain ground level distances END OP DESCRIPTION til w i City of Atascadero Resolution No.2006-044 Page 4 of 4 Exhibit B Highway 41 Property—Graphic Depiction of Property 1 i f 00 r i N v. I o b m3 n , ,. nT o m n x n = O 0 j m N 2 x m = n I � z 1 VLA ..I O I Cl !* O o If m m (YI - 1 3 O I_ o. n C e 1 '� I) : �\ 4 O m03 �� '•r ri' �. '� � m o -