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9 07615 <br /> <br />Resolution No. 94-15 <br />Page 2 <br /> <br />WHEREAS, the owners of record of subdivided real property may petition the City Council <br /> to revert a subdivision to acreage; and <br /> <br />WHEREAS, A-M Homes, as the owner of record of Tract 6362, filed with the City an <br /> application and a parcel map to revert this property to acreage; and <br /> <br />WHEREAS, on February 1, 1994, the City Council conducted a public hearing on the <br /> proposed reversion and the appropriate notices thereof were sent and published; <br /> and <br /> <br />WHEREAS, the final map dedicated or offered to dedicate to the City two parcels of land, an <br /> open space parcel (Parcel A) consisting of 56.34 acres, and a water pump station <br /> site (Parcel H) consisting of 0.055 acres; and <br /> <br /> WHEREAS, A-M Homes has requested that the City formally abandon its interest in Parcels <br /> A and H so that all the property will be vested in A-M Homes, which will then <br /> transfer the property to the East Bay Regional Park District; and <br /> <br /> WHEREAS, in addition, the improvement plans for Tract 6362 show a number of public <br /> improvements to be constructed in and for the subdivision; if the project is not <br /> going to be built, then those public improvements are not necessary and the <br /> public streets and easements dedicated to the public on the map may likewise be <br /> abandoned; and <br /> <br /> WHEREAS, the final map also shows a dedication of right of way for Foothill Road; this right <br /> of way was intended to be improved as part of the development of Tract 6362; <br /> and <br /> <br /> WHEREAS, although the City does not anticipate the need to have this portion of Foothill <br /> Road improved at this time if this property reverts to acreage, the City should <br /> retain ownership of this fight of way in the event that such improvements are <br /> eventually needed; A-M Homes and the East Bay Regional Park District have no <br /> objection to the City' s retention of this strip and A-M ttomes has provided a deed <br /> conveying this property in fee rifle to the City; and <br /> <br /> WHEREAS, in connection with the final map for this project, A-M Homes paid to the City <br /> $314,112 in fees; these included park in lieu fees, inspection fees, engineering <br /> plan checking fees, a pro-rata share of a police and fire vehicle, and its pro-ram <br /> share of future Dublin Canyon Road and Foothill Road improvements; and <br /> <br /> WHEREAS, A-M Homes has requested that those portions of the fees which the City has not <br /> spent or used be returned to it; these total $310,554.50 and represent all but <br /> $3,557.50 in engineering plan checking fees; and <br /> <br /> <br />