08 ATTACHMENT 4 - Laserfiche WebLink

This property is located in the vicinity of operating quarries on land designated by the County of Alameda for sand and gravel quarry and related operations, including asphalt and concrete plants, landfill, recycling of construction materials, reclamation and other similar uses (the "Quarry Lands"). The Quarry Lands have been designated by the State of California as containing aggregate and mineral resources of regional significance. Operations and reclamation activities at the Quarry Lands are projected to continue until at least 2030. Quarry operations may result in airborne particulate matter, bright lights, noise and vibration, unattractive visual appearance, and heavy truck traffic. El Charm Road serves as the main access route to the Quarry Lands and is subject to a high volume of heavy truck traffic related to the Quarry Lands. 10.3 Deed Rider. (a) Livermore. As a condition of approval of all Livermore Land Use Approvals, Livermore shall require all property owners and developers to attach a rider to each deed for any property within the El Charro Specific Plan Area as set forth in Section 10.3(c). (b) Pleasanton. As a condition of approval of all Pleasanton Land Use Approvals, Pleasanton shall require all property owners and developers to attach a rider to each deed for any property in the Staples Ranch Property as set forth in Section i0.3(c). Without limitation, the Authority agrees to attach the rider set forth in Section 10.3(c) to each deed from the Authority for any property in the Staples Ranch Property. (c) Deed Rider Form. The deed rider required by Sections 10.3(a) and 10.3(b) shall be as follows: Grantee hereunder acknowledges and agrees that the subject property is located in the vicinity of active and operating quarries and processing facilities. Grantee also acknowledges that quarry operations may result in airborne particulate matter, bright lights, noise and vibration, unattractive visual appearance, and heavy truck traffic on E[ Charro Road and adjacent streets and roadways within or outside the quarries. Grantee accepts possible inconvenience or discomfort from any of the foregoing and Grantee hereby acknowledges and agrees that no claim of nuisance shall lie based on any of the foregoing. Grantee hereby covenants to include this same paragraph, in its entirety, in any subsequent deed by Grantee of all or any portion of the subject property. Grantee further covenants to include this same paragraph within any lease for all or any portion of the subject property. 10.4 Memorandum of Agreement. (a) Livermore. Concurrently with its execution of this Agreement, Livermore shall duly execute an original counterpart of the Memorandum of Agreement. Livermore further agrees to impose a condition of approval on any and all Livermore Land Use Approvals which requires, prior to the issuance of any grading or building permit related to such Livermore Land Use Approval, that the developer or property owner{s) associated with such Livermore Land Use Approval (i) consents to the recordation of the Memorandum of Agreement on title to such developer's or property 002483.0004\793691.13 l9