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Ms. Ayala said that if within several months it was obvious the specific plan was going <br />to be separated could this option be considered? <br /> <br /> Ms. Michelotti asked how soon the deed restriction would come back to Council? <br /> <br /> Ms. Acosta said it would not come back. <br /> <br /> Ms. Ayala asked if Council would entertain the idea of the deed restriction coming back? <br /> Mayor Tarver said okay. <br /> <br /> Mr. Roush said staff could draft an agreement that would have the deed restriction and <br />that whoever owns the property could not build without having the road in place. The issue was <br />there was no way to draft something that would guarantee that a demand would not be put on <br />the City by the owners of Parcels 2 and 3. If the City did not hold the security and if the City <br />then made a demand on Mr. McGuire to build the road and he did not have adequate funds to <br />build the road, the City could end up paying to build the road. <br /> <br /> Mayor Tarver said he understood the dilemma, but it was not a dilemma at the time of <br />the signing of the Deferred Street Improvement Agreement. <br /> <br /> Mr. Roush said that the was reason all the funds were not released at that time. The City <br />reduced the amount by $51,000. <br /> <br /> Ms. Ayala said she did not want the City putting in a road it was not responsible for and <br />suggested allowing staff time to draft an agreement. <br /> <br /> Ms. Dennis asked if lots 2 and 3 made a demand on the City, would it only be for single <br />family residence? <br /> <br /> Mr. Roush said yes. What triggers the building of the road was if the City Engineer <br />deemed it necessary or if the owner of parcel 4 pulled a building permit. If someone wanted <br />to build the road now, the Planning Department, in conjunction with the Engineering <br />Department, would have to decide where the best access would be. <br /> <br /> Mayor Tarver said the staff report said the property owners should pay their pro rata <br />share to construct and finance the following: street improvements, landscaping and sidewalks. <br />The only property owner that had a bond with the City was Mr. McGuire. What happened to <br />the bonds for parcels 2 and 37 <br /> <br /> Mr. Roush said that in 1989 someone had to put up a bond for the entire road. The only <br />property owner who had the money was Mr. McGuire. If the owner of parcel 2 wanted to build <br /> <br />City Council 04/01/97 <br />Minutes 18 <br /> <br /> <br />