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03
City of Pleasanton
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CITY CLERK
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2010
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021610
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2/10/2010 4:03:49 PM
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2/10/2010 4:03:48 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
2/16/2010
DESTRUCT DATE
15 Y
DOCUMENT NO
03
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City of Pleasanton <br /> 123 Main Street <br /> Pleasanton, CA 94566 -0802 <br /> Attn: City Clerk <br /> No fee for recording pursuant to <br /> Government Code 27383 <br /> USE OF NON POTABLE WATER <br /> AND LICENSE AGREEMENT <br /> This Use of Non Potable Water and License Agreement (hereinafter "Agreement is <br /> entered into between the CITY OF PLEASANTON, a municipal corporation (hereinafter "City <br /> and ROGER AND JANE MANNING (hereinafter "Owners City and Owners may be <br /> collectively referred to as the "parties." <br /> RECITALS <br /> A. The Owners own real property located in the City of Pleasanton, generally known as 5295 <br /> Clubhouse Drive, and more particularly described as: <br /> Lot A of Tract 7372, recorded in the Records of the <br /> Alameda County Recorder, Book 269 of Maps, <br /> pages 47 -65 (hereinafter "Premises <br /> B. The Owners, the City, and other property owners collectively worked to preserve open <br /> space, develop public recreational amenities and limit residential development in Happy <br /> Valley, culminating in the Callippe Preserve Golf Course and Open Space project. <br /> C. During the construction of the golf course, City staff, the golf course contractor, and the <br /> Owners became aware that a portion of the golf course directly adjacent to the Premises <br /> was physically separated from the rest of the golf course by a small hill and golf cart path. <br /> Thus, the parties decided it was more logical for this small area of approximately 1000 <br /> square feet, as shown on the attached Exhibit A (the "License Area incorporated herein <br /> by this reference, to be landscaped and maintained by the Owners, rather than be <br /> maintained as part of the golf course. The parties now desire to execute this Agreement <br /> to formalize the Owners' license to maintain landscaping on this License Area. <br /> D. Also during construction and the subdivision of the property, it was determined that a <br /> groundwater well that historically irrigated the Premises was to be located in an area that <br /> would become the golf course. This made continued use of the groundwater well by the <br /> Owners to irrigate the Premises impracticable because of the City's desire not to have <br /> private water pipes and irrigation lines crossing the golf course. To address the loss of <br /> Page 1 of 5 <br />
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