RES 75246 - Laserfiche WebLink

paragraph 2 of the judgment issued by Superior Court of Alameda County in the action Morrison Homes Corporation vs. City of Pleasanton No. 438779; and WHEREAS, Morrison Homes was gi~n the opportunity to present any and all witnesses and evidence on their behalf regarding approval of Tentative Tract Map #3606; and WHEREAS, the City Council was advised by the City Attorney that the property in question was formerly shown as a school site on a previous tentative map; that the school district had never acted to reserve this site pursuant to the pro- visions of the State Subdivision Map Act; that neither the school district nor Morrison Homes Corporation acted diligently in order to resolve the status of the school site and, thus, the property had always been shown as a school site; that findings of fact Nos. 22 and 23 of the Alameda County Superior Court in the aforementioned mattez specifically refer to damages incurred by Morrison Homes as a result of not being able to connect 79 single family units and 384 multiple dwelling units to the City's sewer- age treatment plant; that conclusion of law paragraphs 20, 21, and 23, specifically refer to the aforementioned 79 single family and 384 multiple dwelling units for which a damage award was made in a lump sum and per diem basis by the Superior Court; that Morrison Homes at no time during the court proceedings intimated to the City of Pleasanton nor to the court that the property would be developed witb single family homes; that additional sewerage from the aforementioned subdivision would, in fact, cause a viola- tion, if connected to the sewage treatment plant, of the Cease and Desist Order imposed by the Regional Water Quality Control Board of San Francisco Bay Region; that the court~ judgment retained to the City its police powers -2-