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SETTLEMENT AGREEMENT <br /> <br /> This SETTLEMENT AGREEMENT (the "Agreement") has been <br />entered into by and among the CITY OF PLEASANTON, CALIFORNIA, <br />a municipal corporation (the "City")~ VALLEY PLAZA VILLAGES II, <br />a general partnershipI ("Valley")~ and KHUSHAL DAHYA PATEL, <br />a married man~ and GITA KHUSHAL PATEL, his wife (the "Owners"), <br /> <br /> (the City, Valley and Owners sometimes hereinafter collectively <br />being referred t-o as the "parties"). <br /> <br />RECITALS <br /> <br /> A. City is plaintiff and Owners, among others, are <br />defendants in that certain action entitled "City of <br />Pleasanton v. Khushal Dahya Patel, et al.;' No. H 95478-1, <br />now pending in Alameda County Superior Court (Hayward <br />Branch) (the "Condemnation action"). <br /> <br /> B. In the Condemnation action, City seeks to <br />condemn fee simple absolute title in property owned in <br />fee simple absolute by Owners ("subject property'!), which <br />subject property is described in Exhibit "A" to the <br />Condemnation action and Exhibit "A" attached hereto and <br />incorporated by reference. The subject property sought to <br />be acquired by City in the Condemnation action and by this <br />Agreement is but a portion of a larger parcel owned by <br /> <br /> <br />