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City of Pleasanton
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2007
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110607
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11/1/2007 3:06:32 PM
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11/1/2007 1:54:04 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
11/6/2007
DESTRUCT DATE
15 Y
DOCUMENT NO
10
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the structural integrity of this portion of the easement to accommodate the <br />weight of a type 3 fire vehicle rather than a type 4 fire vehicle. If City and <br />Roberts are unable to agree on the relocation of the existing easement, its <br />width(s) or the surface materials thereof, the Developer shall improve the <br />existing easement to the satisfaction of the City. Developer shall also <br />construct an electronically controlled gate, as approved by the City, at or <br />near the common property line between the Project site and the Grey Eagle <br />Estates subdivision ee~~ei~ to prevent the egress of persons and <br />vehicles from the Project site to that subdivision. That portion of the fire <br />access road from Court 3 to the Grey Eagle Estates property line shall be <br />crushed granite or similar material. For any fire access road that is pertiex--e€ <br />*'~° ~°°°~~°~ ''~~• ~~° located outside the Project boundaries that the <br />Developer must construct, to the extent that Developer needs temporary <br />construction (or other type) easements to construct such road~~ but is <br />unable to acquire such easements on its own and the <br />City must use its power of eminent domain to acquire such easements, <br />Developer shall be responsible for all costs associated with such acquisition <br />including, but not limited to, appraisals, attorneys fees, the fair market value <br />of the land to be taken (including severance damages if any), litigation <br />expenses (including the property owner's attorneys fees if awarded by the <br />court). If the Developer does not need to construct a fire access road that is <br />located outside the Project boundaries because such road has already been <br />constructed, Developer shall have the responsibility for certain incremental <br />costs associated with such construction as provided herein If the <br />Developer constructs a fire access road <br />n :~~ that is located outside the Project boundaries that benefits other <br />Qroyerty owners, Developer and City shall enter into a reimbursement <br />agreement to permit Developer to recover from those benefited those costs <br />associated with the construction that the benefited property owners would <br />have been obligated to construct. ff the Project is phased, Lots 8-51 shall <br />only be developed with the fire access roadsaeeesses described herein <br />constructed or under construction. Developer shall include in the CC&R's a <br />provision that the Oak Grove Homeowners Association will defend and <br />indemnify the Grey Eagle Estates Homeowners Association, the Kottinger <br />Ranch Homeowners Association and/or individual property owners within <br />those subdivisions for claims arising out of the public's use of the fire access <br />roadsaeeesses. ff the City enters into a separate agreement with the Grey <br />Eagle Estates Homeowners Association, the Kottinger Ranch Homeowners <br />Association, and/or individual property owners within those subdivisions <br />concerning defense and indemnification for claims arising out of the public's <br />use of the fire access roadsee~eess f es), Developer shall include in the <br />CC&R's a provision that the Oak Grove Homeowners Association will <br />defend and indemnify the City for such claims. <br />ARTICLE 4. OBLIGATIONS OF CITY <br />54393~84008v3 <br />
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