HomeMy WebLinkAboutAgenda Statement 1975/02/11 Item 11a,b (2)~GI;NU/1 ITEM NU. [llab~]
C[IULn VIS"fn CITY COUNCIL, Mlil"PING 0[~: February 11, 1975
Resolution - Determining and Dec].ari.ng Public Necessity of Acquiring Certain
Right of Way for Public Street Purlx>ses for an t)nnamed Offsite Access Road
ITEM 'I'I"1'I,G:and Authorizing the Commencement of Condemnation Proceedings
Resolution - Approving Agreement with Windsor Park Enterprises Relative to Acquisition
of Certain Street Right of Way for an Unnamed Offsite Access Road
IN I'I'I~TED BY
Bl1CKCR0UND
City Attorney
7'he City has approved a tentative map of that certain subdivision known as
Windsor Views. An essential condition of the tentative map is the development
of an off site right of way providing access to said subdivision.
Since the developer has been unable to negotiate the purchase of said property
from the owner, it is necessary for the City to exercise its powers of eminent
domain to acquire said right of way.
Two resolutions have been prepared, the first authorizing the City Attorney to
proceed with such a condemnation action, and the second, approving an agreement
with the developer, Windsor Park Enterprises. Said agreement requires the
developer to bear the full costs of the condemnation proceeding including the
retaining of an attorney who would handle the actual litigation if that becomes
necessary. In addition, the City agrees to establish a reimbursement agreement
for said right of way in accordance with the provisions of the State Subdivi-
sion Map Act which would allow the City to establish the benefits derived by
other parties who may later use said street to serve their own property.
AT"TACHIJD: Resolution: [ X]
Ordinance [ ]
Agreement ~ ]
See LXIiIBITS [X] No
Financial Statement: N/A
Commission-Board Recommendation:
Department Head Recommendation:
City Manager Recommendation:
1-2-3
N/A
Approval of Resolutions
Concur
Plat [ ]
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