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Community Development Services, Department of Transportation, recommending the Board approve and authorize the Chair to sign Agreement for Funding of Right of Way Acquisition Costs 18-54835 with Lennar Winncrest, LLC pertaining to the Country Club Drive Realignment - Bass Lake Road to Tierra de Dios Drive Project, CIP 71360.
FUNDING: Developer Funded.
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DEPARTMENT RECOMMENDATION
Community Development Services, Department of Transportation (Transportation), recommending the Board approve and authorize the Chair to sign Agreement for Funding of Right of Way Acquisition Costs 18-54835 (Agreement) with the developer, Lennar Winncrest, LLC (Developer), pertaining to the Country Club Drive Realignment - Bass Lake Road to Tierra de Dios Drive Project, CIP 71360.
DISCUSSION / BACKGROUND
The County and Developer have entered into several agreements (listed below) for the development of three residential subdivision projects in the Bass Lake Specific Plan area (Bell Woods, Bell Ranch and Hawk View). A common condition for each project is for the Developer to perform the design, acquisition of right-of-way, and construction (or funding for construction) of the County Club Drive realignment project between Bass Lake Road and Tierra de Dios Drive. Each of the agreements also includes a provision under which the County would assist in securing the necessary right-of-way should the developer be unable to. This provision for County right-of-way acquisition is consistent with County Ordinance and State Subdivision Map Act Law.
To date, the Developer has been unable to secure the right-of-way for two parcels on the Country Club project and has asked the County to assist in the acquisition. The subject Agreement provides the mechanism for the County to pursue the right-of-way acquisition, and the developer to pay the County for the cost of the acquisitions, including staff and legal fees.
The following are the specific agreements, provisions and approvals made ...
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