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THE CITY OF e. 1 0 1i" CITY COUNCIL AGENDA REPORT pL£ASANTON. April 18, 2017 Engineering TITLE: APPROVE FIRST AMENDMENT TO AGREEMENT FOR COMPLETION OF NEVADA STREET IMPROVEMENT WORK BETWEEN FRANK AND ALMA M. AUF DER MAR AND KONRAD RICKENBACH AND THE CITY OF PLEASANTON SUMMARY On August 26, 1980, the City Council approved Tract Map 4401-Stanley Commercial Park Unit No. 3. By approving the map, the City also accepted land dedicated as public right of way for street purposes. The land labeled "Del Valle Parkway" was shown on the map. However, a portion of the land labeled "Del Valle Parkway" on the map was also labeled Parcel E. The currently constructed Nevada Street is located within the land that was labeled "Del Valle Parkway." When the Nevada Street extension is constructed it will be located within the land that was labeled both Del Valle Parkway and Parcel E on the map. On April 29, 1982, the Developers and the City of Pleasanton entered into an agreement titled "Agreement for Completion of Improvement Work" that provided, among other things, that the Developers agreed to design, finance and construct that portion of Del Valle Parkway within Parcel E at a later date when deemed necessary by the City Engineer. It appears that Parcel E was never transferred to the City of Pleasanton in 1982, since the Developers of Tract 4401 have been continuously paying property taxes on the property even after the Tract Map 4401 was approved and recorded in 1980. On February 21, 2017, the City Council adopted Ordinance No. 2157 approving the application of Irby Ranch LLC, for Planned Unit Development Rezoning (P15-0246) and Development Plan Approval for PUD-110 on a 15.03-acre site located at 3988 First Street, 3878 Stanley Boulevard, and 3780 Stanley Boulevard. PUD-110 Condition of Approval No. 52 provides that Irby Ranch, LLC must construct, at its own expense, the Nevada Street extension across two parcels east of Irby Ranch, which includes Parcel E. Staff met with Auf Der Maur to discuss the construction of Nevada Street associated with the Irby Ranch project, at which time staff became aware of the potential dispute over the ownership of Parcel E, as well as the obligation for the Developer to design, finance, and construct Del Valle Parkway on it. To clear up the issue associated with the mapping and land transfer from 1980, as well as the fact that General Plan has changed since the 1982 agreement, staff is recommending that the City Council approve this First Amendment to the Agreement to Construct Improvement Work between Frank and Alma M. Auf Der Maur and Konrad Rickenbach and the City of Pleasanton, relieving the