HomeMy WebLinkAbout052-97RESOLUTION NO. 52-97
APPROVING THE SUBDIVISION MAP FOR MS 852-94 (JOHNSON)
WHEREAS, James Johnson ("Subdivider") is the Subdivider of MS 852-94, located in the
800 block of Danville Boulevard; and
WHEREAS, on March 14, 1995, Subdivider received approval for tentative subdivision map
MS 852-94 creating three parcels where two previously existed; and
WHEREAS, on May 7, 1996, the Danville Town Council adopted Resolution No. 36-96
denying a final subdivision map on the basis that the proposed final map was substantially
inconsistent with the approved tentative subdivision map; and
WHEREAS, Subdivider thereafter filed suit against the Town of Danville in Contra Costa
County Superior Court (Case No. C 96-02908) seeking approval of the subdivision map,
damages and attorneys' fees; and
WHEREAS, on March 18, 1997, the Danville Town Council approved a settlement agreement
in the above-reference case in which Subdivider agreed to make certain changes to the
subdivision map in order to make it consistent with the approved tentative subdivision map and
to dismiss the litigation against the Town; and
WHEREAS, consistent with the provisions of the settlement agreement and the Subdivision
Map Act, Subdivider has requested that the Town of Danville approve the Subdivision Map; and
WHEREAS, pursuant to Government Code Section 66442, the City Engineer has determined
that the Subdivision Map complies with the standards set forth in the Subdivision Map Act and
Danville Town Ordinances; and
WHEREAS, Subdivider has now substantially complied with all of the Conditions of Approval
for MS 852-94; and
WHEREAS, the Subdivision Map complies with the provisions of the settlement agreement
between James Johnson and the Town of Danville, which agreement is incorporated into this
approval; and
WHEREAS, the subdivision lies within the corporate limits of the Town of Danville; now,
therefore, be it
RESOLVED, by the Danville Town Council that the Subdivision Map is hereby determined to
be consistent with the Danville 2005 General Plan, the Town zoning ordinance, the conditions
of approval for MS 852-94 and the settlement agreement between James Johnson and the Town
of Danville; and, be it
FURTHER RESOLVED, that the Subdivision Map appended hereto as Exhibit 1 is hereby
approved and Town staff is hereby authorized and directed to execute the same on behalf of the
Town.
APPROVED by the Danville Town Council at a regular meeting on April 15, 1997, by the
following vote:
AYES: Doyle,
NOES: None
ABSTAINED: None
ABSENT: None
Waldo, Arnerich, Greenberg, Shimansky
'\I /
MAYOR ....
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 2 OF RESOLUTION NO. 52-97