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The Staples Ranch Project will also result in increases in traffic on EI Charro Road above existing traffic
<br />volumes.
<br />K. Significant areas of land located in unincorporated County south of Interstate 580
<br />("I-580") between Livermore and Pleasanton and along El Charro Road and Stanley Boulevard, to the
<br />south and east of the El Charro Specific Plan Area and Staples Ranch Property, are or may become
<br />designated by the County for sand and gravel mining and related operations (collectively, and as more
<br />particularly described and depicted on Exhibits F-1 and F 2 attached hereto and incorporated herein by
<br />this reference, the "Quarry Lands'. Sand and gravel deposits contained in the Quarry Lands are or may
<br />become designated by the State of California as a resource of regional significance. As of the Effective
<br />Date, Vulcan owns and operates, or is licensed to operate, a significant portion of the Quarry Lands and
<br />the private EI Charro Road right-of-way (co[lectively, together with any additional portions of the Quarry
<br />Lands owned or operated at any time by Vulcan, the "Vulcan Properties"). As of the Effective Date,
<br />Pleasanton Gravel Company, a California corporation, and/or its affiliates ("PGC") also owns a
<br />significant portion of the Quarry Lands.
<br />L. As of the Effective Date, Vulcan operates its quarry, mining, processing, sales,
<br />distribution, reclamation and other related operations on the Vulcan Properties pursuant to Alameda
<br />County Surface Mining 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 amendments thereto, and
<br />any and all other permits and entitlements for any such operations, approved at any time by County for
<br />Vulcan with respect to the Vulcan Properties or any other Quarry Lands, "Vulcan's SMP'~. As of the
<br />Effective Date, Vulcan's SMP expires December 31, 2030. ~ A copy of the conditions of approval to
<br />Vulcan's SMP, existing as of the Effective Date, is attached hereto as Exhibit G.
<br />M. Vulcan and PGC (collectively, the "Quarry Owners") currently depend on E! Charro
<br />Road as the primary means of access from I-580 to the Quarry Lands pursuant to Pleasanton's Ordinance
<br />No. 954, which became fully enforceable with respect to the Quarry Owners on July 1, 1995, and
<br />pursuant to Condition of Approval 53 of Vulcan's SMP, which together prohibit quarry-related truck
<br />traffic on Stanley Boulevard, except for local deliveries and under other limited circumstances.
<br />Interference with Vulcan's use of El Charro Road in connection with its operations on the Vulcan
<br />Properties could cause significant harm and damage to the Quanry Owners.
<br />N. 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"), a copy of which is set forth
<br />in the attached Exhibit H, offering for dedication to the County a portion of Vulcan's private EI Charro
<br />Road right-of-way. As set forth in the Offer, and pursuant to said Condition 48, the County or any
<br />successor entity may not accept the dedication or any portion thereof unless and until Vulcan has received
<br />assurance that the County or successor entity shall take appropriate action to ensure that, if accepted into
<br />the public right-of--way, EI Charro Road shall remain open to all quarry truck traffic and traffic of other
<br />users dependent upon the roadway for access.
<br />O. A portion of the property subject to the Offer was accepted by the County in connection
<br />with the Arroyo Realignment Project pursuant to that certain Grant Deed of Dedication Parcel and Grant
<br />of Bridge Easement by and between Vulcan and County, dated May 1, 2003 and recorded in the Official
<br />Records of County on May 2, 2003, at Series No. 2003-257359, and re-recorded in the Official Records
<br />of County on July 8, 2003, at Series No. 2003-395094, and that certain Correction Grant Deed of
<br />Dedication Parcel and Grant of Bridge Easement by and between Vulcan and County, dated May 1, 2003
<br />and recorded in the Official Records of County on March 9, 2004, at Series No. 2004-98676.
<br />002483.00041793691.13
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