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Attachment 5 RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON ORDERING THE SUMMARY VACATION OF A PUBLIC SERVICE EASEMENT WHEREAS, on February 7, 2017, the City Council adopted Ordinance No. 2157 and Resolution No. 17-914 approving Irby Ranch, LLC s Planned Unit Development (PUD) and subdivision applications, respectively; and WHEREAS, Ordinance No. 2157 approved the construction of 87 new single-family homes and related infrastructure on an approximately 10.6-acre site and the creation of an approximately 1.64-acre lot to be dedicated to the City for affordable housing and an open space/arroyo parcel on 2.8 acres on a combined 15.03-acre site located at 3988 First Street, 3780 Stanley Boulevard, and 3878 Stanley Boulevard; and WHEREAS, Resolution No. 17-914 approved vesting tentative map 8245 to subdivide 15.03 combined acres into 87 lots for 87 single-family homes, one lot for the future development of special needs housing, and 13 common area and private street lots on properties located at 3988 First Street, 3780 Stanley Boulevard and 3878 Stanley Boulevard; and WHEREAS, in 2017, Meritage Homes of California, Inc. succeeded Irby Ranch, LLC; and WHEREAS, on June 19, 2018, the City Council approved the final map, improvement plans, and subdivision agreement for Tract 8245 (Irby Ranch); and WHEREAS, on August 15, 20198, Tract Map 8245 (Irby Ranch) was recorded; and WHEREAS, on September 10, 2019, Meritage Homes of California, Inc. submitted a written letter to the City that stated the newly constructed residential building located at 3802 Stanley Boulevard (Lot 7 of Tract Map 8245 (Irby Ranch)) encroached 2.3 feet onto the existing 23.65-foot wide public service easement, confirmed the encroachment did not impact the new 8- inch water main and new joint trench, and provided a request to vacate a 4.0-foot wide portion of the existing 26.35-foot wide PSE located at 3802 Stanley Boulevard (Lot 7 of Tract Map 8245 (Irby Ranch)); and WHEREAS, the encroachment onto a portion of the existing 26.35-foot wide public service easement at 3802 Stanley Boulevard requires Meritage Homes of California, Inc. to provide a plat and legal description for the vacation of said public service easement as determined by the Director of Engineering/City Engineer; and WHEREAS, the City Council finds that a 4.0-foot wide portion of the existing 23.65-foot wide public service easement located on 3802 Stanley Boulevard (Lot 7 of Tract Map 8245 (Irby Ranch)) for public utilities is no longer needed. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER THE FOLLOWING: SECTION 1. The City Council finds that a 4.0-foot wide portion of a the existing 26.35-foot wide public service easement on 3802 Stanley Boulevard (Lot 7 of Tract Map 8245 (Irby Ranch))