CITY COUNCIL AGENDA PACKET - Laserfiche WebLink

2 B. As a condition of approval for the development of this Property pursuant to City of Pleasanton Ordinance No. 2210, Planned Unit Development (PUD-135) Conditions Nos. 15, 16 and 17, the City requires that the Owner maintain a Public Trail Easement Area over a portion of the Property. C. The Public Trail Easement Area subject to this Agreement is described as: (a) a 25- foot wide public trail easement along the southern border of the Property as shown on Tract 8528; and (b) the 25-foot wide easement over the Property described in the Easement Grant Deed dated September 14, 1987, recorded on September 28, 1987 as Record No. 87265829 of Alameda County Records. D. The Owner is agreeable to providing the maintenance of the Public Trail Easement Area on the terms and conditions set forth in this Agreement and agrees that this Agreement shall continue on with any new owners as a condition of the sale of the Property. IN CONSIDERATION OF the matters described above and of the mutual benefits set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the City and the Owner (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows: 1. Maintenance Provided. The Parties hereby agree that the Owner, or those contracted by the Owner on Owner’s behalf, will maintain the Public Trail Easement Area. Such maintenance shall include: a. Maintenance of the asphalt surface on Dale Way. b. Maintenance of the Public Trail Easement Area on the Property in its entirety including: the asphalt surface on Dale Way, decomposed granite surface at Lot 1, fencing, and planting. c. Removal of the accumulation and growth of grass, weeds, dirt, refuse and/or combustible trash within the Public Trail Easement Area in a manner approved by the Livermore- Pleasanton Fire Department. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either Owner or City by imposing any standard of care respecting the maintenance of the Public Trail Easement Area different from the standard of care imposed by law. 2. Restrictions Acknowledged. The Owner further acknowledges the following restrictions with regard to the Public Trail Easement Area: a. Owner shall not close or obstruct the Public Trail Easement Area in any way, except for authorized/permitted maintenance activities. b. Owner shall obtain an Encroachment Permit for any work performed by a contractor when maintaining the Public Trail Easement Area. c. Owner shall not utilize the Public Trail for private vehicle access to the Property or any other property that abuts the Public Trail Easement Area d. Owner shall not plant trees or vegetation that interfere with public use and access to the Public Trail Easement Area. Page 188 of 350