HomeMy WebLinkAboutCity Council Resolution 2024 RESOLUTION NO. 2024
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 WILSON DEVELOPMENT, INC.,' PETI-
TIONER, v. CITY OF SARATOGA, CITY COUNCIL
OF THE CITY OF SARATOGA, RESPONDENTS, SANTA
CLARA COUNTY SUPERIOR COURT NO. 493448
A. Wilson Development, Inc. ("Wilson") is petitioner
and City of Saratoga ("Saratoga") and City Council of the City
of Saratoga I"Council"), are the respondents in that certain
action entitled, Wilson Development, Inc., Petitioner v. City
of Saratoga, City Council of the City of Saratoga, Respondents,
NO. 493448, now pending in the Superior Cour~ of the State of
California for the County of Santa Clara ("the lawsuit").
B. In the lawsuit, Wilson filed a petition for writ
of mandate seeking, among other things, an order requiring
Respondents to vacate and set aside their denial of Wilson's
tentative map application (SD-1505) or, alternatively, to recon-
sider Wilson's application SD-1489 for the purpose of determining
whether Respondent Council can now make the findings required
under Section 13.3-4 of the City's Subdivision Ordinance, namely,
that extension of Tricia Way is the only feasible method of
developing the property. Respondents, Saratoga and Council deny
and continue to deny each and every one of Wilson's allegations
as to all issues and in all respects although no formal denial
or response has been filed in said lawsuit by Respondents.
C. Wilson, Saratoga and Council acknowledge that all
assertions, allegations or claims which have been or could have
been made by Wilson in the lawsuit are disputed by Saratoga and
Council as to validity and any other aspects. Without admitting
the validity of any of the contentions which have, or might have
been made by any of them, Wilson, Saratoga and Council, desire
-1~
and intend fully and finally to compromise and settle all such
contentions and other matters in controversy among them.
NOW, THEREFORE, the City Council of the City of Saratoga
("Council") RESOLVES as follows:
1. The 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 C hereinabove are incorporated
heroin by reference.
The above and foreg6ing resolution was passed and adopted at
a regular City Council meeting held on the 3rd day of ~ove~ber ,
1982, by the following vote:
AYES: Councils CleanS, Mallory, Moyles, and Mayor Callon
NOES: None
ABSENT: None
ABSTAIN: Coumcilmemker Fanelli 7~~
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM: APPROVED:
CITY ATTORNEY CITY [.IANAGER