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08
City of Pleasanton
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CITY CLERK
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2022
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10/12/2022 4:37:01 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
10/18/2022
EXPIRATION DATE
10/18/2022
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ATTACHMENT 1 <br /> RESOLUTION NO. 22- <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON FOR <br /> RESCISSION OF "PREANNEXATION AND PROVISION OF WATER AND SEWERAGE <br /> FACILITIES AGREEMENT" FOR A REAL PROPERTY IDENTIFIED AS APN 949-0007- <br /> 016-02 LOCATED IN UNINCORPORATED ALAMEDA COUNTY WITHIN <br /> PLEASANTON'S HAPPY VALLEY SPECIFIC PLAN AREA <br /> WHEREAS, at the meeting of October 6, 2015, the City Council approved the request for <br /> water and sewer connection for a future new home on the property at APN 949-00007-016-02 <br /> and authorized execution of the Preannexation Agreement with the then property owners Kamil <br /> and Nadereh Navai; and <br /> WHEREAS, at the meeting of January 14, 2016, the Alameda Local Agency Formation <br /> Commission (LAFCo) voted to approve the City of Pleasanton's application for the Out of Area <br /> Service Agreement to provide sewer and water services to that property; and <br /> WHEREAS, on January 25, 2016, the approved Preannexation Agreement was recorded <br /> in the Alameda County Recorder's Office as Instrument No. 2016017162; and <br /> WHEREAS, in March 2022 the property was sold and transferred to the current owners, <br /> Duane S. Doyle Jr. and Joanna K Doyle; and <br /> WHEREAS, in April 2022, in response to a referral from the Alameda County Planning <br /> Department, City staff notified the County of the design review process by the City as one of the <br /> stipulated conditions of the recorded Preannexation Agreement; and <br /> WHEREAS, on September 8, 2022, the Doyles contacted City staff and expressed the <br /> desire not to connect to City water or sanitary sewer systems and thereby requested in writing to <br /> rescind the recorded Preannexation Agreement. <br /> NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF <br /> PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: <br /> SECTION 1. Finds that the proposed request for rescission has no possibility to have a <br /> significant effect on the environment per Title 14 California Code of Regulations §15061(b)(3). <br /> SECTION 2. Approves the request to rescind the Preannexation Agreement, thereby <br /> authorizing the City Manager to execute a Recission of the Preannexation Agreement recorded <br /> in the Alameda County Recorder's Office as Instrument No. 2016017162 for the real property <br /> identified as APN 949-0007-016-02 located in unincorporated Alameda County in generally the <br /> form shown in the attached Exhibit A. <br /> SECTION 3. This resolution shall become effective immediately upon its passage and <br /> adoption. <br /> PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at <br /> a regular meeting held on October 18, 2022. <br />
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