HomeMy WebLinkAbout043-90RESOLUTION NO. 43-90
TENTATIVELY APPROVING REQUEST TO UTILIZE POWERS OF
EMINENT DOMAIN IN CONNECTION WITH MAGEE/DIABLO RANCH
SUBDIVISION (PUD 85-5), APPROVING AGREEMENT REGARDING
PAYMENT OF COSTS WITH DIABLO RANCH DEVELOPMENT COMPANY
AND APPROVING PERSONAL SERVICES AGREEMENT WITH
CONDEMNATION COUNSEL
WHEREAS, Diablo Ranch Development Company ("Diablo Ranch") is the
subdivider of that certain real property located in the Town of
Danville and commonly known as Subdivision 7058; and
WHEREAS, the conditional approval of Subdivision 7058 required, in
the public interest, the extinguishment of an easement owned by
Jerome Magee; and
WHEREAS, Diablo Ranch has submitted a written request, pursuant to
Ordinance No. 78-85, that the Town of Danvile utilize its powers
of eminent domain to acquire such easement; and
WHEREAS, as required by Ordinance No. 78-85, the City Attorney has
prepared a proposed agreement between the Town and Diablo Ranch
regarding the reimbursement by Diablo Ranch of the Town's costs
and expenses incurred in such condemnation action, and
WHEREAS, the City Attorney has also prepared a proposed personal
services agreement with the law firms chosen by Diablo Ranch,
Thiessen, Gagen and McCoy, and Goldfarb & Lipman, regarding their
representation in such condemnation action; and
WHEREAS, on the recommendation of the Steering Committee formed
pursuant to Ordinance No. 78-85, the Town Council of the Town of
Danville hereby FINDS AND DETERMINES that:
le
The property proposed to be condemned is to be taken for a
particular public use for which the Town has statutory
authority to acquire property by eminent domain;
·
The public interest and necessity require the taking of the
property;
3. The property is necessary for the proposed public project;
·
The proposed project is located in the manner that will be
most compatible with the greatest public good and the least
private injury;
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The proposed acquisition is primarily for the benefit of, and
of substantial importance to, the Town;
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The California Environmental Quality Act and the Relocation
Assistance Act have been complied with; now therefore,
BE IT RESOLVED, by the Town Council of the Town of Danville, that
the request from Diablo Ranch Development Company that the Town
acquire the subject property right through its power of eminent
domain be, and hereby is, tentatively approved; and be it
FURTHER RESOLVED, that the Town Manager be, and hereby is,
authorized to execute, on behalf of the Town, and agreement
regarding payment of costs and expenses with Diablo Ranch
Development Company, and an agreement for personal services with
the law firm of Thiessen, Gagen and McCoy, and Goldfarb and Lipman,
both in the form as lodged with the City Attorney, together with
such changes as may hereafter become necessary, provided such
changes do not materially increase the Town's obligations
thereunder.
APPROVED by the Danville Town Council at a Regular Meeting on
March 6, 1990, by the following vote:
AYES:
GREENBERG, LANE, SHIMANSKY
NOES: NONE
ABSTAINED:NONE
ABSENT: RITCHEY, SCHLENDORF
ViCE MAYOR
ATTEST:
APPROVED AS TO FORM: