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EXHIBIT I <br /> <br /> CONDEMNATION PROCEDURE <br /> <br />In conjunction with review of improvement plans for Dublin <br />Canyon Road, the City has determined that a realignment of <br />Dublin Canyon Road is necessary to maintain public safety. <br />This realignment requires the acquisition of a one to two- <br />acre parcel located in the Kolb proper~y (the '*Right-of-Way}. <br />In order to provide for expeditious acquisition and <br />appropriate reimbursement relating to the required Right-of- <br />Way, the following procedure will be followed: <br /> <br />1. Propetty Description <br /> <br /> Developer's engineer will prepare a property description <br /> of the required Right-of-Way. <br /> <br />2. Neaotiations <br /> <br /> Developer will negotiate in good faith with the owner of <br /> the required Right-of-Way for a period of at least three <br /> (3) weeks after deed description has been prepared. If <br /> said negotiations are at an impasse after that time, <br /> Developer may notify the City Attorney that an impasse <br /> has been reached. <br /> <br />3. InitiatioD of Eminent Domain <br /> <br /> Upon notification of an impasse in the negotiations for <br /> purchase of the Right-of-Way, the City Attorney or his <br /> designee shall initiate the local agency procedures <br /> leading up to City Council consideration of a Resolution <br /> of Necessity. At that time, the City Council will <br /> determine whether to proceed with an action in eminent <br /> domain to acquire and improve the Right-of-Way as a <br /> public street. <br /> <br />4. Reimbursement of Costs to City <br /> <br /> If it becomes necessary for the City to expend any funds <br /> in acquiring the Right-of-Way, Developer agrees to <br /> reimburse the City for any funds which the City may <br /> spend in acquiring the Right-of-Way in accordance with <br /> the following procedure: <br /> <br /> a. City shall bill Developer-by invoice for <br /> reimbursement on a periodic basis as City incurs <br /> costs, except as provided in subsection (b) and (c) <br /> below. Reimbursement payments shall be made to <br /> <br /> 22 <br /> <br /> <br />