HomeMy WebLinkAbout016-90RESOLUTION NO. 16-90
TENTATIVELY APPROVING REQUEST TO ACQUIRE CERTAIN REAL
PROPERTY INTERESTS IN CONNECTION WITH PUD 88-11,
TENTATIVE SUBDIVISION MAP 7299 (/~M/~NSON
DEVELOPMENTS, INC.), AND APPROVING PERSONAL SERVICES
AGREEMENT WITH AHMANSON DEVELOPMENTS, INC. IS
CONDEMNATION COUNSEL
WHEREAB, Tentative Subdivision Map 7299 was approved by the Town
of Danville on April 24, 1989; and
WHEREAS, such approval was conditioned upon the acquisition, by the
subdivider, of certain property rights for right of way and traffic
safety purposes, as more particularly described in such approval;
and
WHEREAS, such subdivider has submitted a request that the Town of
Danville acquire such property rights from the holder thereof
through its power of eminent domain; and
WHEREAS, such request has been reviewed by the Condemnation
Screening Committee, which has recommended approval of the request;
and
WHEREAS, the Town Council of the Town of Danville hereby finds and
determines as follows:
l,
The property proposed to be condemned is to ]De taken for
particular public uses for which the Town has statutory
authority to acquire property by eminent domain;
·
The public interest and necessity require tile taking of
such property;
·
The property to be taken is necessary for subdivision
7299;
·
The subdivision is planned in the manner that will be the
most compatible with the greatest public good and the
least private injury;
·
The proposed acquisition is primarily for the benefit of,
and of substantial importance to, the Town;
e
The requesting party has made every reasonable effort to
acquire the property by negotiation;
The Cali£ornla Envlronmen%al Quality Act and the
California Relocation Assistance Act have been complied
with; now, therefore
BE IT RESOLVED, by the Town Council of the Town of Danville, that
the request dated December 11, 1989 by Ahmanson Developments, Inc.
to acquire certain real property by condemnation, which real
property is more particularly described in such request, is hereby
tentatively approved, and staff is hereby directed to schedule a
public hearing at an appropriate time for the purpose of
considering a Resolution of Necessity; and be it
FURTHER RESOLVED, that the Mayor is hereby authorized to execute,
on behalf of the Town, a personal services agreement with the firm
of Thiessen, Gagen & McCoy, in the form a~'lodged with the City
Attorney, together with such changes as may hereafter become
necessary, provided such changes do not materially increase the
obligations of the Town thereunder.
APPROVED by the Danville Town Council at a Regular Meeting held on
Tuesday, January 16, 1990, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
GREENBERG, RITCHEY, SCHLENDORF, SHIMANSKY
NONE
NONE
LANE
ATTEST:
APPROVED AS TO FORM:
CI .....