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WHEN RECORDED,RETURn_ TO: <br /> <br />City Attorney <br />P. 0 Box 520 <br />Pleasanton, CA 94566 <br /> <br />AGREEMENT <br /> <br /> THIS AGREEMENT is made and entered into on the day <br /> <br />of February, 1984, by and between THE McBAIL COMPANY, a <br /> <br /> , (the "Owner") and the CITY OF PLEASANTON, <br /> <br />a municipal corporation (the "City"). <br /> <br /> WITNESSETH: <br /> <br /> WHEREAS, Owner owns an approximately 6,820 sq. ft. Darcel of <br />land within the City of Pleasanton described in Exhibit "A", attached <br />hereto and by this reference incorporated herein, and generally <br />identified as Lot 33 of Tract 3148, or 3516 Whitehall Court <br />(the "Lot"); and <br /> <br /> WHEREAS, the City is the owner of a ten-foot wide public <br />service easement (the "PSE") running along the southerly edge <br />of the Lot which contains an eight inch, VCP sanitary sewer <br />line; and <br /> <br /> WHEREAS, Owner wishes to construct a single-family dwelling <br /> <br />on the Lot which would encroach one foot into the PSE as shown <br />on Exhibit "B", attached hereto and incorporated herein by this <br />reference; <br /> <br /> NOW, THEREFORE, in consideration of the mutual covenants <br /> <br />and promises of the parties, the parties hereto agree as follows: <br /> <br /> 1. The City agrees to allow a house to be constructed <br /> <br />which would encroach no more than one foot into the PSE at <br />the exterior wall and an additional sixteen (16) inches for <br />roof overhang, all as shown in Exhibit "B". <br /> <br />1 <br /> <br /> <br />