HomeMy WebLinkAboutAgenda Statement 1983/10/18 Item 8 COUNCIL AGENDA STATEMENT
Item 8
Meeting Date 10/18/83
ITEM TITLE: Resolution/,/Y O Rescinding Resolution No. 11224 Establishing Just
Compensation for the Acquisition of Right of Way
for the East Naples Extension for Chula Vista Woods
SUBMITTED BY: City Attorney (4/5ths Vote: Yes Nox )
Michael Spata, the attorney for United Enterprises, Inc. , has
requested that the Council rescind the resolution it previously
passed establishing just compensation for acquisition of right of
way for the East Naples extension for Chula Vista Woods.
RECOMMENDATION: Rescind Resolution No. 11224
BOARDS/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The developers for Chula Vista Woods Subdivision prepared an
appraisal and requested the City to approve the amount set in the
appraisal for the acquisition of East Naples Street in order to
provide access for their proposed subdivision. The developer
wanted to determine if Council would approve of the use of eminent
domain to obtain this right of way before going to the expense of
processing .a subdivision map. Due to environmental problems, it
was impossible to follow through with this proposal until a map
was filed. For that reason, the matter was tabled indefinitely.
The acquisition would have involved property belonging to United
Enterprises, Inc. United Enterprises is concerned that this
resolution may cause problems for them in the future in that the
information within the appraisal may become stale and they allege
that the appraisal itself is defective.
The City Attorney ' s office has contacted Tom Davies, the attorney
for Chula Vista Woods, and he has informed us that there is no
opposition to this request. In all likelihood, Chula Vista Woods
would seek some other alignment for right of way if they cannot
reach agreement with United Enterprises. For this reason, it
would be appropriate to rescind the resolution establishing just
compensation.
FISCAL IMPACT: N/A
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Form A-113 (Rev. 11/79)