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WHEREAS, Significant areas of land located in unincorporated County south of Interstate 580 ("I- <br />580") between Livermore and Pleasanton and along El Charro Road and Stanley <br />Boulevard, to the south and east of the El Charro Specific Plan Area and Staples Ranch <br />Property, are or may become designated by the County for sand and gravel mining and <br />related operations (collectively the "Quarry Lands"). Sand and gravel deposits contained <br />in the Quarry Lands are or may become designated by the State of California as a <br />resource of regional significance. Vulcan owns and operates, or is licensed to operate, a <br />significant portion of the Quarry Lands and the private El Charro Road right-of--way <br />(collectively, together with any additional portions of the Quarry Lands owned or <br />operated at any time by Vulcan, the "Vulcan Properties"). Pleasanton Gravel Company, <br />a California corporation, and/or its affiliates ("PGC") also owns a significant portion of <br />the Quarry Lands. <br />WHEREAS, Vulcan operates its quarry, mining, processing, sales, distribution, reclamation and other <br />related operations on the Vulcan Properties, pursuant to Alameda County Surface Mining <br />Permit SMP-16 and vested Quarry Permits Q-2, Q-4, Q-40 and Q-76 and related <br />entitlements and conditions of approval (collectively, together with any and all <br />amendments thereto, and any and all other permits and entitlements for any such <br />operations, approved at any time by County for Vulcan with respect to the Vulcan <br />Properties or any other Quarry Lands, "Vulcan's SMP"). Vulcan's SMP expires <br />December 31, 2030. <br />WHEREAS, Vulcan and PGC (collectively, the "Quarry Owners") currently depend on El Charro <br />Road as the primary means of access from I-580 to the Quarry Lands pursuant to <br />Pleasanton's Ordinance No. 954, which became fully enforceable with respect to the <br />Quarry Owners on July 1, 1995, and pursuant to Condition of Approval 53 of Vulcan's <br />SMP, which together prohibit quarry-related truck traffic on Stanley Boulevard, except <br />for local deliveries and under other limited circumstances. Interference with Vulcan's <br />use of El Charro Road in connection with its operations on the Vulcan Properties could <br />cause significant harm and damage to the Quarry Owners. <br />WHEREAS, In compliance with Condition 48 of Vulcan's SMP, Vulcan has executed and delivered <br />that certain irrevocable Offer of Dedication dated March 27, 2002 ("Offer") offering for <br />dedication to the County a portion of Vulcan's private El Charro Road right-of--way. As <br />set forth in the Offer, and pursuant to said Condition 48, the County or any successor <br />entity may not accept the dedication or any portion thereof unless and until Vulcan has <br />received assurance that the County or successor entity shall take appropriate action to <br />ensure that, if accepted into the public right-of--way, El Charro Road shall remain open to <br />all quarry truck traffic and traffic of other users dependent upon the roadway for access. <br />WHEREAS, A portion of the property subject to the Offer was accepted by the County in connection <br />with the Arroyo Realignment Project. <br />WHEREAS, The Pleasanton City Council, having considered the merits of a proposed Predevelopment <br />and Cooperation Agreement between the cities of Livermore and Pleasanton, the County <br />of Alameda, the Surplus Property Authority of Alameda County, and the Calmat Co., dba <br />Vulcan Materials, finds that it is in the best interest of the City to enter into such <br />Agreement. <br />3 <br />