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
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