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THE CITY OF <br /> pL£AsAN,TON, CITY COUNCIL AGENDA REPORT <br /> October 18, 2022 <br /> Community Development <br /> Planning Division <br /> TITLE: CONSIDER A REQUEST FOR RESCISSION OF "PREANNEXATION <br /> AND PROVISION OF WATER AND SEWERAGE FACILITIES <br /> AGREEMENT" FOR A REAL PROPERTY IDENTIFIED AS APN 949- <br /> 0007-016-02 LOCATED IN UNINCORPORATED ALAMEDA COUNTY <br /> WITHIN HAPPY VALLEY <br /> SUMMARY <br /> In October 2015, the City Council approved a preannexation agreement for property in <br /> unincorporated Alameda County within Happy Valley to connect to the City's water and <br /> sanitary sewer systems when the property developed. The request for such out-of-area <br /> services was also approved by Alameda County Local Agency Formation Commission <br /> (LAFCo). The subject agreement was recorded in 2016 and runs with the land. The new <br /> owners, the Doyles, do not wish to have the site connected to City water or sanitary <br /> sewer systems. The Doyles are asking the City to rescind the agreement. Since the <br /> Council approved the original agreement, it is necessary for the Council to approve the <br /> rescission. <br /> RECOMMENDATION <br /> Approve the rescission of the 2015 Preannexation and Provision of Water and Sewerage <br /> Facilities and Service Agreement executed by prior property owners which was recorded <br /> against the property identified as APN 949-0007-016-02. <br /> FINANCIAL STATEMENT <br /> There is no cost to the City for such rescission. <br /> BACKGROUND <br /> The subject site, a single vacant lot approximately 4.9 acres in size, is located within the <br /> Happy Valley Specific Plan (HVSP) area outside of the City limits. The site is identified <br /> as Lot 15 by the HVSP and is a flag lot located on the south side of Sycamore Road, <br /> between two adjacent parcels addressed as 871 and 893 Sycamore Road, respectively. <br /> On October 6, 2015, upon request by the then property owners, the City Council <br /> approved Resolution No. 15-784, which allowed the site to connect a future new <br /> residence to the City's water and sanitary sewer systems. The conditions for such <br /> connection were set forth in a preannexation agreement. These conditions include: <br /> payment of fees, consent to future annexation, and design review approval for future <br />