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07
City of Pleasanton
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2010
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092110
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07
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9/17/2010 11:36:46 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/21/2010
DESTRUCT DATE
15Y
DOCUMENT NO
07
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Area and 65 CNEL impact area. Grantee accepts possible and normal <br /> consequences including noise, light and vibration arising out of the <br /> proper operation of aircraft for current and future operations consistent <br /> with the 1975 Livermore Airport Master Plan and Grantee hereby <br /> acknowledges and agrees that no claim of nuisance shall lie based on <br /> the foregoing. Grantee shall not be deprived of any right it might have <br /> against any individual or private operator for negligent or unlawful <br /> operation of aircraft. Grantee hereby covenants to include this same <br /> paragraph, in its entirety, in any subsequent deed by Grantee of all or <br /> any portion of the subject property. Grantee further covenants to <br /> include this same paragraph within any lease for all or any portion of <br /> the subject property. <br /> (ii.) All property owners shall disclose the following about the <br /> Pre - Development and Cooperation Agreement: <br /> • Applicant acknowledges that the City has provided to applicant a <br /> copy, and the applicant is aware of the existence, of that certain Pre - <br /> Development and Cooperation Agreement by and among the City of <br /> Livermore, the County of Alameda, the Surplus Property Authority of <br /> the County of Alameda, the City of Pleasanton, and CalMat Co., <br /> d /b /a Vulcan Materials Company, Western Division ( "Vulcan "), dated <br /> as of September 18, 2007 (the "Cooperation Agreement "), and <br /> further acknowledges that applicant has reviewed and understands <br /> the provisions of the Cooperation Agreement, including but not <br /> limited to the provisions thereof that prohibit the City's issuance of <br /> certain permits for applicant's project unless and until the City <br /> complies with its obligations under the Cooperation Agreement, and <br /> allow Vulcan to join applicant as a real party in interest in any action <br /> to enforce the City's obligations under the Cooperation Agreement. <br /> Applicant consents to the recordation of the Memorandum of <br /> Agreement on title to Applicant's property and shall execute and <br /> deliver to City all documents required to evidence the consent to <br /> recordation. <br /> • This property is located in the vicinity of operating quarries on land <br /> designated by the County of Alameda for sand and gravel quarry and <br /> related operations, including asphalt and concrete plants, landfill, <br /> recycling of construction materials, reclamation and other similar <br /> uses (the "Quarry Lands "). The Quarry Lands have been designated <br /> by the State of California as containing aggregate and mineral <br /> resources of regional significance. Operations and reclamation <br /> activities at the Quarry Lands are projected to continue until at least <br /> 2030. Quarry operations may result in airborne particulate matter, <br /> bright lights, noise and vibration, unattractive visual appearance, and <br /> heavy truck traffic. El Charro Road serves as the main access route <br /> to the Quarry Lands and is subject to a high volume of heavy truck <br /> traffic related to the Quarry Lands. <br /> Conditions of Approval /PUD -57 <br /> Project- Specific Conditions <br /> 14 <br />
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