ORD 1791 - Laserfiche WebLink

11. The 0.3 acre parcel, Parcel C, on the southwestern comer of the site shown to be owned by the homeowners association and used to build an entry feature is not a building lot. The developer shall complete a lot line adjustment conveying at least three-quarters of the entire area of this parcel to the owner of the adjacent Richey property, should both parties agree, and shall be responsible for obtaining the necessary agreements and approvals to convey this property to the Richeys prior to the approval of the tentative map. The portion of this lot added to the existing Richey parcel shall have the same development standards as the existing parcel. In the event that either the Richeys or the developer does not want to complete this lot line adjustment, the developer shall include the parcel in the open space area to be owned and maintained by the project homeowners association. 12. The developer shall offer to convey the proposed 10 ft. wide area shown as the potential lot line adjustment with Locke to the owner of the Locke parcel. The developer shall be responsible for obtaining the necessary agreements and approvals to convey this property to the owner of the Locke parcel prior to the approval of the tentative map. In the event that either the Lockes or the developer does not want to complete this lot line adjustment, the developer shall include the area within the adjacent proposed lots. 13. Prior to tentative map approval: 1) the developer shall (a) identify all of the parcels of land (not on the project site) in which the developer needs to acquire an interest in order to construct or install off-site improvements, and (b) indicate which of those parcels have been purchased, are under contract to purchase, or have been dedicated; (2) as to those off site parcels that the developer has not purchased or is not under contract to purchase, the City Council shall determine whether it is prepared, if the developer is unable to purchase the parcels through negotiation, to initiate condemnation proceedings for all such parcels. If the City Council is not prepared to initiate condemnation proceedings for all such parcels, the Planning Commission/City Council shall determine whether the tentative map nevertheless conforms to the PUD development plan in order for the tentative map to be approved. As to those parcels that the developer has not acquired or is not under contract to purchase, and for which the City is prepared to condemn, the developer shall be responsible for all City costs incurred in acquiring/condemning these parcels. These costs include, but are not limited to, appraisals, outside attorney fees (for negotiation as well as litigation), expert witness fees, court costs, the fair market value of the land itself, severance damages, relocation, loss of good will, "Klopping" damages, etc. 14. The final design of the grading and utility connections shown to be installed on the Kass property shall be submitted for review with the tentative map and shall reflect any minor changes to the grading and location of utility lines requested by the owner of said property. The developer shall submit a plan for review and approval by the City Engineer prior to the approval of the final map showing how a satisfactory access will be provided to the existing homes, including the Kass, Locke, Richey, and Humphries residences, at all times during the construction of the subdivision improvements and homes.