Loading...
HomeMy WebLinkAboutResolution 2019-073RESOLUTION NO. 2019-073 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING COMPENSATION PAYMENTS AND RIGHT-OF-WAY AGREEMENTS WITH ESCROW INSTRUCTIONS FOR PROPERTY ACQUISITIONS WITH ATASCADERO LAND PRESERVATION SOCIETY (APN 028-201-005 AND APN 028-341-008), GARY MADGETT (APN 028-341-018), AND VIA BUSINESS CENTER, LLC (APN 028-341-021) FOR THE VIA AVENUE BRIDGE REPLACEMENT PROJECT WHEREAS, the proposed layout for the Via Avenue Bridge Replacement Project ("Project') over Atascadero Creek requires that the City of Ataseadero ("City") acquire property for permanent and temporary construction easements; and WHEREAS, the City and its agent, Hamner, Jewell & Associates, have negotiated compensation amounts for needed easements for the Project with Atascadero Land Preservation Society (APN 028-201-005 and APN 028-341-008), Gary Madgett (APN 028-341-018),.and Via Business Center, LLC (APN 028-341-021), herein collectively referred to as "Property Owners"; and WHEREAS, Right -of -Way Agreements (with Escrow Instructionq-and EasemeuTDeeds r. have been prepared for the City to acquire property from Property Owngrs for-$roject easements; and WHEREAS, proposed Right-of-way Agreements (with Escrow Instruc'ties) and Easement Deeds for the property acquisitions have been reviewed by the City Council at its meeting on September 10, 2019. 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. SECTION 2. Approval. The City Council hereby approves the Right-of-way Agreements (with Escrow Instructions) for property acquisitions with Atascadero Land Preservation Society (APN 028-201-005 and APN 028-341-008), Gary Madgett (APN 028-341-018), and Via Business Center, LLC (APN 028-341-021). SECTION 3. CEOA. The City Council hereby finds that the Guidelines of the California Environmental Quality Act (CEQA) (Section 15061.(3), (b)) 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 Agreements and other documents which the City Manager may deem necessary or advisable in order to effectuate the purposes of this Resolution. City of Atascadero Resolution No. 2019-073 Page 2 of 2 PASSED AND ADOPTED at a regular meeting of the City Council held on the 10th day of n September, 2019. I I On motion by Council Member Funk and seconded by Council Member Fonzi, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Bourbeau, Fonzi, Funk and Mayor Moreno NOES: None ABSENT: Council Member Newsom ABSTAIN: None APPROVE AS TO FORM: 06 r� Brian Pierik, City Attorney CITY OF ATASCADERO Heather Moreno, Mayor m n