Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 51. The County has teed to pass an impact fee ordinance, but has never <br /> successfully adopted one. (Test of 8. Leithead-Todd, 7M3/07(2310-14)). <br /> <br /> Oceanside and County s Performance Under the Development Agreement <br /> <br /> 52 After Oceanside and County entered into the Development Agreement, Dwyer <br /> <br /> sent "threat letters regarding condemnation on Oceanside's behalf against <br /> <br /> landowners along the bypass. (Exhibits J-87; J-93; J-94; J-95; J-96). <br /> a. John R. Dw,,er, Jr-'s letter to Gary W. Vancil regarding John A. Pearne on <br /> <br /> May 29, 1998, stated, "(W]e would like to open discussions with Mr. <br /> <br /> Pearne to acquire that parcel at a mutually agreeable price so that <br /> <br /> eminent domain proceedings will not be necessary." (Exhibit J-93). <br /> <br /> b. John R. Dwyer, Jr.'s letter to Clifford J. Miller regarding the Kona Trust <br /> property on June 5, 1998, stated, "If Kona Trust is not willing to <br /> <br /> unequivocally agree that it will convey the subject Right-of-Way to <br /> <br /> Oceanside or the County (at its election) when the conveyance is <br /> <br /> requested by Oceanside, then Oceanside will be forced to rely on the <br /> <br /> condemnatior provisions of the Development Agreement." (Exhibit J-94). <br /> c. John R. Dwye , Jr.'s letter to Charles Coupe on May 26, 1999, stated, <br /> <br /> "[B)y submitting this matter to the County for condemnation, Oceanside <br /> <br /> would be abso,vgd from providing the COUpe/Wilson group any of the <br /> <br /> benefits it is offering to the owners. For instance in terms of monetary <br /> <br /> considerations, the County would offer only the fair market value of the <br /> parcel being condemned rather than the $17,000 per acre amount being <br /> <br /> <br /> <br /> <br /> <br /> <br /> la <br />