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Page 1 of 3 <br />Attachment 1 <br />RESOLUTION NO. 23- <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON OF <br />SUMMARY VACATION FOR PUBLIC SERVICE AND ACCESS EASEMENTS <br />AND ACCEPTANCE OF REPLACEMENT PUBLIC SERVICE AND <br />EMERGENCY VEHICLE ACCESS EASEMENTS AT 29 GREY EAGLE COURT <br />WHEREAS, on September 11, 1984, the City Council adopted Resolution 84-470 <br />approving a final map for Tract 5189, Grey Eagle Estates, a subdivision that included <br />the grant of public service and public access easements to the City. Said final map was <br />subsequently recorded on October 23, 1984 (Book 148 of maps at pages 46 to 51). An <br />amended version of the final map was recorded on May 19, 1985 (Book 153 of maps at <br />pages 34 to 39), yet the amended map included no changes to the granted easements; <br />and <br />WHEREAS, on November 15, 2002, the City entered into an Agreement for <br />Purchase and Sale of Real Property with Allen and Sally Roberts for land necessary to <br />construct the Bonde II water reservoir; and <br />WHEREAS, on July 1, 2005, a First Amendment to Agreement for Purchase and <br />Sale of Real Property was executed by Allen Roberts and the City that contained within <br />Provision 10 specific requirements for improvement of the easement areas granted to <br />the City, and included the following language: <br />“If, at any time in the future, Buyer [Roberts] desires to relocate the Current <br />Easement so that the driveway of a new home (“New Home Driveway”) would be <br />within such relocated easement, the Buyer will grant to City, in a location <br />acceptable to City, a new twenty (20) foot easement at such location and for <br />such purpose (“New Easement”), and City shall concurrently abandon that <br />portion of the Current Easement that is replaced by the New Easement.”; and <br />WHEREAS, on March 14, 2022, the Planning Division approved a custom home <br />application (P23-1171) for 29 Grey Eagle Court subject to Conditions of Approval. <br />Condition 40 of the approval requires the applicant to work with the City to adjust <br />previously dedicated public easements to accommodate development of the property; <br />and <br />WHEREAS, the City Council, as legislative body, has been granted the authority <br />to summarily vacate public easements that are no longer needed or relevant according <br />to the regulatory procedure prescribed by §8330 et seq. of the California Streets and <br />Highways Code. <br />Page 126 of 201