Dedication of Country Club Drive Right-of-Way Sample Clauses

Dedication of Country Club Drive Right-of-Way. Notwithstanding the County having included within its current XXX Fee Program budget approximately 3.4 Million Dollars ($3,400,000.00) for acquisition of Country Club Drive Right-of-Way between Xxxxx Valley Parkway and El Dorado Hills Blvd, Developer will dedicate to County in lieu of condemnation and with no compensation to developer, those segments of right-of-way owned and/or controlled by Developer in order to minimize cost to County. Dedication of the portion of right-of-way located within the Project shall occur upon completion of the roadway improvements and acceptance by the County, or on such other schedule as mutually agreed by County and Developer. Dedication of the portion of off-site right-of-way through the adjacent Xxxxxxx Project shall occur on or prior to the date upon which construction of Phase 1 of Country Club Drive is completed and accepted by the County, unless otherwise mutually agreed by and between the County and Developer. The parties acknowledge that the precise alignment for the off-site portion of Country Club Drive may change upon completion of final design and engineering. Accordingly, if the final alignment has not been determined at the time Developer is required to dedicate the off-site right- of-way through the adjacent Xxxxxxx Project, Developer’s offer of dedication shall be based on the conceptual alignment as shown on Exhibit hereto. At such time as the County accepts the offer of dedication, the resolution accepting the offer of dedication will contain the final description of the right-of-way area. Any excess right-of-way not necessary for Country Club Drive shall be vacated in accordance with California Government Code section 7050. The negotiated dedication obligation set forth herein is in lieu of condemnation, as County has communicated the necessity and intention to acquire the Country Club Drive segment through condemnation, if necessary, to facilitate construction as contemplated by County’s Capital Improvement Program.
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