HomeMy WebLinkAboutCity Council Resolution 1014 RESOLUTION NO.1014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA AUTHORIZING AND APPROVING THE
EXECUTION, DELIVERY AND IMPLEMENTATION OF THAT
CERTAIN STIPULATION FOR SETTLEMENT RELATING TO
BLACKWELL HO~S, A CALIFORNIA GENERAL PARTNERSHIP
VS. CITY OF SARATOGA, A MUNICIPAL CORPORATION,
ET AL., SANTA CLARA COUNTY SUPERIOR COURT, NO.
454519, and BLACKWELL HOMES, A CALIFORNIA
GENERAL PARTNERSHIP, VS. CITY OF SARATOGA, A
MUNICIPAL CORPORATION, ET AL., SANTA CLARA COUNTY
SUPERIOR COURT NO. 456682.
A. Blackwell Homes, a California general partnership,
("Blackwell") is petitioner and. the City of Saratoga, a
municipal corporation ("City"), the City Council of the City of
Saratoga ("City Council")' and each member of the city council
("City Council Members") are respondents in that certain action
entitled Blackwell Homes vs. City of Saratoga, a Municipal
corporation, et al., No. 454519, now pending in the Superior
Court of the State of California for the County of Santa Clara
(Blackwell No. I).
B. In Blackwell No. I Blackwell requests that the
court issue a peremptory writ of mandate commanding respondent
City of Saratoga to approve the final map for subdivision
6528 dealing with the second phase of development ("Phase II")
on certain real property owned by Blackwell commonly known as
the Parker Ranch.
C. Blackwell Homes, a California general partnership,
("Blackwell") is petitioner 'ands the City of Saratoga, a
municipal corporation ("City"), the City Council of the City of
Saratoga ("City Council") and each member of the City Council
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("City Council Members") are respondents in that certain action
entitled Blackwell Homes vs. City of Saratoga, a Municipal
corporation, et al., No. 456682, now pending in the Superior
Court of the State of California for the County of Santa Clara
(Blackwell No. II).
D. In Blackwell No. II Blackwell requests that the
court mandate and direct the City to set aside its resolution
of July 22, 1980, and grant Blackwell's request that it be
accepted from the operation of Measure A and that subdivisions
6526 and 6528 be permitted to be developed and constructed in
accordance with the tentative map approval for each of said
subdivisions.
E. The City and the Council Members appeared in both
actions referred to hereinabove and each and all denied and
continue to deny each and every one of Blackwell's allegations
as to all issues and in all respects.
F. Blackwell, City and Council Members acknowledge
that all claims which have been or could be made by Blackwell
in Blackwell I and Blackwell II are disputed by City and Council
M~mbers and all other defendants as to validity or any other
aspects. Without admission of either the validity or any other
aspect of Blackwell I and Blackwell II, City, City Council
Members and Blackwell desire and intend fully and finally to
compromise and settle the contentions set forth in Blackwell
I and Blackwell II and all other contentions and matters in
controversy among them.
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NOW, THEREFORE, the City Council of the City of
Saratoga resolves as follows:
1. The City Council hereby authorizes and approves
the execution, delivery, and implementation by City Manager of
a stipulation for settlement on the terms and conditions as set
forth in said stipulation for settlement attached hereto marked
Exhibit "A" and incorporated herein by reference and any and
all other documents necessary to consummate such stipulation
for settlement. Recitals A through F hereinabove are incor-
porated herein by reference.
2. The City Council will authorize and direct that
a memorandum of the stipulation for settlement be recorded in
the Office of the Recorder of Santa Clara County in the manner
and form as set forth in paragraph 14 of said stipulation for
settlement.
PASSED AND ADOPTED at an adjourned regular meeting of
the City Council of the City of Saratoga, held on the 2nd day
of June, 1981, by the following vote:
AYES: Cc~nci]/~ Clevenger, Mallory Watson, Mayor Callon
NOES: Councilmember jensen
ABSENT: None
yor, City of Saratoga
ATTEST:
City Clerk ~