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HomeMy WebLinkAboutCity Council Resolution 133 RESOLUTION NO./F RESOLUTION AUTHORIZING ACCEPTANCE OF OFFER, ACCEPTANCE OF GRANT, AND .AUTMQRIZING THE CITY TO ENTER INTO A BETT~NT AGREEMENTWITH - GEORGE J. PATTY The City Council of the City of Saratoga hereby resolves as follows: SECTION I: Reference is made to that certain grant from George J. Ratty and Ilonka Patty, his wife, to the City of Saratoga, dated 7, 1962, and relating to the relinquish- ment by said parties to the City of Saratoga of the right to use certain real property in this City known as '!~ildwood Park" as a .public park, outdoor dance or other amusement center open to the at which alcoholic beverages are allowed be consumed° Said grant is hereby accepted by the City Council of the City of Saratoga of of Acceptance and attach the same to said grant and to cause the same to be recorded in the Office of the Santa Clara County Recorder. SECTION 2: The City Council having heretofore, by Resolution No./_31--, found and determined that there has beens'~SF~tantial com- pliance by George J. Ratty with the conditions of Use Permit UP-33-1 heretofore granted by the Planning Cemmission of this City, and having heretofore revoked the:!~sus.pension of said Use Permit on the basis of ~He additional evidence that said use will not continue on or after October 1, 1962, and having examined the offer of George J. Ratty and Ilonka Ratty, his wife, dated September 7, 1962, and relating to the full and final settlement of disputes between this Cit' and said 'ties concerning the use by said [ of real property under exist- ing zoning regulations, .and this City being desir- ous of acc, said offer and entering into said agreement settlement, the Mayor of this City be and he i.s hereby directed, for and on behalf of this tit, to accept said offer and to enter into said :lement agreement, A copy of said offer and agreement is attached hereto and in- corporated herein by reference. S~CTION 3| The City Attorney of the City of Saratoga is hereby authorized and directed to join with the attorneys for George J. Ratty and Ilonka Ratty in dismissing with -1- rejudice that certain action No. 139364 in the uperior Court of the State of California in and for the Coumty of Santa Clara. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the day 1962, by the following vote: ATTEST: ~-,,_,,___. O~ERAND AGREDIENT OF SETTLEI~NT OF DISPUTE THIS AGREEMENT made and entered into by and between the CITY OF SARATOGA, a Municipal corporation, hereinafter called "CITY", and GEORGE J. RATTYand ILONKARATTY, his wife, heroinafter collectively referred to as "RATTY": RECITALS 1. Ratty is the owner of all the real property more particularly described on Exhibit "A" attached hereto, and consisting of some four (4) acres of land more or less located in the City of Saratoga, County of Santa Clara, State of commonly known as 'Wildwood Park". 2. Said real p~operty is presently zoned by City for single-family residences. On November 27, 1961, City's .... Planning Commission granted Ratty a use permit under certain provisions of City's 8~dinance NS-3 relating to use permits for non-conforming uses in residential zones, permitting the continuation of the pre-existing use of said premises of a park, outdoor dance hall or amusement center open to members of the public and at which alcoholic beverages are sold or allowed to be consumed, subject to nine (9) conditions. Both parties hereto are familiar with said use permit, and refer- ence is hereby made to said resolution for further particulars, original of which resolution is presently on file in the offices of City. 3. On August 13, 1962, hearing was held by the Planning Commission of City to determine whether or not there had been compliance by Patty with the conditions of such use permit, City having theretofore notified Ratty that said use permit was suspended by reason of non-compliance, and -1- after said hearing said Plannir~ Commission did thereupon affirm that said use pendt was suspended for condition violation, 4. Thereafter, on August 17, 1962, Ratty commenced civil action No. 139364 in the Superior Court of the State of California in and for the County of Santa Clara, seeking an injunction against City to prevent City from enforcing Ordinance NS-3 and the conditions of said use permit; on August 28~ 1962, City commenced an action against Ratty by means of cross-complaint, seeking inJunctive relief against Ratty and his successors in interest against the use of said property as set forth in Recital 2 hereof, on the grounds of ordinance and pexquit condition violation and on the additional ground of public nuisance under State statutes. Hearing is presently set on said preliminary injunctions for September 13, 1962. 5. Ratty has appealed from the Planning Commission decision of August 13, 1962, to the City Council of City, requesting that said City Council find that there has been substantial compliance with the conditions of said permit, and that the suspension of said permit should be revoked. Said hearing on appeal is presently set before the City Council of City on September 19, 1962. 6. Patty is not desirous of using said real property for any of the purposes permitted by said use permit from and after October 1, 1962, and intends to permanently and forever abandon such uses from and after such date. To conclusively establish such abandonment, Ratty contemporaneously herewith has executed and delivered to City Exhibit attached hereto and incorporated herein by reference. -2~ This evidence was not presented to the Planning Commission at its hearing of August 13, 1962, and is a new factor to be considered in det.ermining whether or not Ratty has sub- stantially complied with the conditions of said permit. 7. A dispute and controversy exists between Ratty and City as to all matters set forth in the hereinabove described action No. 139364 and as to what rights, if any, Fatty or his successors in interest have to use said property as hereinbefore set forth, and the parties hereto are desirous of forever settling said disputes and controversies. NOW, THE~ORE, Ratty hereby offers to enter into the hereinafter set' forth contract with City, fully and finally settling any and all of said disputes, and bases his offer, amongst other things, on the additional evidence to be pre- sented to City at its next regular meeting of September 19, 1962, as more particularly set forth in Exhibit "A" attached hereto. This offer shall remain irrevocably open to City until twenty-four (24) hours after the close of the next regular City Council meeting of City to be held on September 19, 1962, and in addition to other valuable consideration, consideration for such irrevocable offer shall be City's through its City Attorney or otherwise, from seeking a temporary restraining order or other civil relief against the use by Patty of said property as per Recital 2 above for the date of Sunday, September 9, 1962, on which date Ratty presently plans to conduct an outdoor picnic, banquet and dance on said premises. Said offer shall become effective upon the execution of this document by Ratty on or before Midnight, September 7, 1962. -3- Should City accept the above set forth offer, then this document shall constitute a contract between Ratty and City wherein it is mutually agreed by the parties hereto as follows: (A) The hereto will dismiss with prejudice that certain action No. 139364 in the Superior Court of the State of California in and for the County of Santa Clara, more particularly described in Recitals hereto, and will cause the hearing on the preliminary injunctions to be placed off the court calendar. (B) Rattymay conduct the uses described in Recital 2 of this document on said premises on the dates of September 9, SeptemberS3, and 8eptember30, 1962, in compliance. with the use permit and conditions hereinabove described but without further compliance with Condition 1 of such permit. This provision does not constitute the condonation of any violation of law by Ratty, but rather constitutes a finding by City that there has been substantial compliance by Ratty with all conditions of such permit, and that the suspension of said permit should be and is hereby revoked. (C) Ratty agrees to and does hereby abandon the use as more particularly described in Recital 2 hereof as of October 1, 1962, and authoriz.es the Planning Commission and/or the City Council of City to revoke and terminate with prejudice the hereinbefore described use permit set forth in Resolution UP-33-1 of City, as of October 1, 1962. In addition to constituting a covenant, upon execution of this agreement by City, Patty acknowledges that the representations contained in this paragraph and in this entire document shall estop Ratty from ever claiming that said use was not permanently abandoned from and after October 1, 1962. -4- (D) The parties acknowledge that Ratty is presently seeking to sell said real property and that there presently is on file with City a petition from a prospective pur- chaser to re-zone the same. This agreement is in no way conditional or contingent in any manner upon any re-zoning of said property and shall be binding on all parties of whether or not said property is ever re-zoned by City. (E) This agreement shall be bindin~ upon the heirs, administrators, successors in interest and assigns o£ the parties hereto. Dated this 7th day of September, 1962. ! & HOLMES B Y RATTY The hereinabove set forth offer of Ratty is hereby accepted, and the hereinabove set forth agreement is hereby entered into on this .y of September, 1962. CITY OF SARATOGA, a Munici' corporation .yor A~ST: City ~ierk APPROV~ B -5- and asst. Sn to ~ ~ '~ $~~, a ~:et~l ~oration, all ,~[r' .~oss.esS=~ ~d :~l~ r~ts to use the h~e- ~MfV~ ~oevLb,~, rM1 pr~"gY ~or the foll~ng uses~ $a~d ml ~~y tS ~e pa~:t:cularly d, ertbed as ~.S grant s~ll become etl~'e,c~t'v,e on October i, 196l, d' ~:he; City .w~ S.ara'~oga. ~e:~a~e by t~ City o~ Shall 8wns~i~;~e i~s ~re~t not ~o ~ran;s.~er, ~;a~l: 'h~ein ~r:ant;e.g it, Save and ~cept Che rtgh~ to a~ edo~e~ ,, ~ s~ qa.i~t any tn~ring~nt or Y