HomeMy WebLinkAboutCity Council Resolution 105112/10/81
RESOLUTION NO. 1051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA ACCEPTING AND APPROVING AN AMENDMENT TO
THAT CERTAIN STIPULATION FOR SETTLEMENT DATED
MAY 31, 1981, BY AND BETWEEN THE FREMONT UNION
HIGH SCHOOL DISTRICT AND THE CITY OF SARATOGA
WHEREAS, on May 31, 1981, the City of Saratoga ("CITY")
and the Fremont Union High School District ("DISTRICT"} entered
into a Stipulation for Settlement settling litigation between the
CITY and the DISTRICT; and
WHEREAS, both the CITY and the DISTRICT desire to clarify
said Agreement by amending Section 1A of said Agreement;
NOW, THEREFORE, the City Council of the City of Saratoga
( "Council" ) RESOLVES as follows:
1. The City Council hereby accepts and approves the
Amendment to Stipulation for Settlement in the form attached hereto
marked Exhibit "A" and directs the City Manager to supervise the
execution thereof by all necessary persons.
2. The City Council further hereby authorizes and directs
that said Amendment to Stipulation for Settlement be recorded with
the Office of the Recorder of Santa Clara County.
The above and foregoing resolution was passed and adopted
at a regular of .the City Council of Saratoga held on the
//~--~ay of 1981, by the following vote:
AYES: Councilmembers C~ger, Jensen, Mallory, Watson, Mayor Callon
NOES: Oour~i~r Jense~
ABSENT :None
Mayor
ATTEST:
~.~NDMENT TO STIPULATION
FOR SETTLEMENT
THIS ~4ENDMENT TO STIPULATION FOR SETTLEMENT is made
at Saratoga, California, this ........ day of November, 1981, by
and between FRE[-~ONT UNION HIGH SCHOOL 'DISTRICT, a School District
("Fremont"), on the one hand, and J. WAYNE DERNETZ as City Clerk
of the City of Saratoga ("Dernetz"), MAYOR LINDA CALLON, Council-
members JOHN ~IALLORY, CHERIEL JENSEN, MARTHA CLEVENGER and DALE
WATSON {each of the last five (5) named individuals will herein-
after be referred to collectively as' "City Councilmembers"), on
the other hand, and is made and entered into with reference to
the following recitals:
A. On May 31 , 1981, the parties hereto
entered into a Stipulation for Settlement, a copy of which is
attached hereto marked Exhibit "A" and incorporated herein by
reference as if and as though set out in full.
B. Said Stipulation for Settlement was approved by
resolution of the Cit9 Council of the City of Saratoga on
June 2, 1981, and was approved by resolution of the Board of
Trustees of the Fremont Union High School District on
C. Subsequent to the approval and execution of this
Agreement by all the parties hereto, the parties have agreed
that Section 1A of said Stipulation for Settlement needs further
clarification in order to determine with particularity under
what residential zoning standards the property will be allowed
to develop.
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D. In an effort to avoid further litigation and allow
future implementation of this Agreement, the parties hereto have
agreed to amend the Stipulation for Settlement as set forth herein-
after.
WHEREFORE, the parties hereto hereby agree that Section
1A of said Stipulation for Settlement shall be and is hereby
amended to read as follows:
"A. 'The fifty-five dwellings': The fifty-fiVe
single family dwellings to be built on Parcel
'A' in accordance with the City's Subdivision
Ordinance and, at the City's option, either the
planned community district ('P-C') provisions of
the City Zoning Ordinance or the R-1-20,000 zoning
as per Paragraph 3 below. In addition, one single
family dwelling is to be built on Parcel 'B',
which is zoned R-1-10,000 in accordance with the
Subdivision Ordinance. It is the understanding of
the parties hereto that no more than fifty-five
(55) units shall be permitted to develop on the
property except that this Agreement will in no
way restrict or affect the ability of either party
to exercise transfer of development rights in the
future in accordance with City policies or ordinances
which might be in effect at such future time of
exercise."
In all other respects, the Stipulation for Settlement,
Exhibit "A" attached hereto, is reaffirmed by the parties.
Dated: FREMONT UNION HIGH SCHOOL DISTRICT,
a School District
By
President
By
Secretary
"Fremont"
Dated: /~../! ~/~/ J. WAYNE DERNETZ, as City Clerk of
"Dernetz"
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Linda Callon
.... ~ f
Dated:
Cheriel Jensen
Dated: /J//~ /~ / ~
Dale Watson
"City Councilmembers"
APPROVED AS TO FO~4:
Dated: CRIST, GRIFFITHS, BRYANT, SCHULZ,
BIORN & CLOHAN
By
Frank Lee 'crist, Jr.
Attorneys for Fremont
Dated: LAGORIO, HENEKE, MADDEN & TARBOX
By
Anthony A. Lagorio
PAUL B. 4ITH
· to
f ¥gu[".' ~
B
Attorneys for Dernetz and
City Councilmembers
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