RES 2024001 - Laserfiche WebLink

RESOLUTION NO. 2024-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON OF SUMMARY VACATION FOR PUBLIC SERVICE AND ACCESS EASEMENTS AND ACCEPTANCE OF REPLACEMENT PUBLIC SERVICE AND EMERGENCY VEHICLE ACCESS EASEMENTS AT 29 GREY EAGLE COURT WHEREAS, on September 11, 1984, the City Council adopted Resolution 84-470 approving a final map for Tract 5189, Grey Eagle Estates, a subdivision that included the grant of public service and public access easements to the City. Said final map was subsequently recorded on October 23, 1984 (Book 148 of maps at pages 46 to 51). An amended version of the final map was recorded on May 19, 1985 (Book 153 of maps at pages 34 to 39), yet the amended map included no changes to the granted easements; and WHEREAS, on November 15, 2002, the City entered into an Agreement for Purchase and Sale of Real Property with Allen and Sally Roberts for land necessary to construct the Bonde II water reservoir; and WHEREAS, on July 1, 2005, a First Amendment to Agreement for Purchase and Sale of Real Property was executed by Allen Roberts and the City that contained within Provision 10 specific requirements for improvement of the easement areas granted to the City, and included the following language: "If, at any time in the future, Buyer[Roberts] desires to relocate the Current Easement so that the driveway of a new home ("New Home Driveway') would be within such relocated easement, the Buyer will grant to City, in a location acceptable to City, a new twenty (20) foot easement at such location and for such purpose ("New Easement'), and City shall concurrently abandon that portion of the Current Easement that is replaced by the New Easement.": and WHEREAS, on March 14, 2022, the Planning Division approved a custom home application (P23-1171) for 29 Grey Eagle Court subject to Conditions of Approval. Condition 40 of the approval requires the applicant to work with the City to adjust previously dedicated public easements to accommodate development of the property; and WHEREAS, the City Council, as legislative body, has been granted the authority to summarily vacate public easements that are no longer needed or relevant according to the regulatory procedure prescribed by §8330 et seq. of the California Streets and Highways Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: SECTION 1. This Resolution of Summary Vacation for Public Service and Access Easements and Acceptance of Replacement Public Service and Emergency Vehicle Access Easements at 29 Grey Eagle Court is hereby adopted based on the following: • The summary vacation of Public Service and Access Easements is made under California Streets and Highways Code §8330 et seq. • The Public Service and Public Access Easements to be summarily vacated were granted across Parcels 10 and 11 of Tract 5189 "Grey Eagle Estates" recorded in Book 148 of maps at pages 46 to 51 on October 23, 1984 (currently 29 Grey Eagle