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HomeMy WebLinkAboutReso 93 Item 5.14 Approving the 2stAmend to AGMT for LongTerm Encrch for Landscape, Stormwater, Stor Reso. No. 93-24, Item 5.14, Adopted 08/20/2024 Page 1 of 2 RESOLUTION NO. 93 – 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES, STORMWATER DETENTION, STORMWATER OUTFALL AND MITIGATION PLANTINGS WITHIN TRACT 8133, TASSAJARA HIGHLANDS WHEREAS, on August 25, 2016, the City and the developer of Tract 8133, Tassajara Highlands entered into an Agreement for Long Term Encroachment for Landscape Features, Stormwater Detention, Stormwater Outfall and Mitigation Plantings Associated with Tract 8133, Tassajara Highlands (recorded in the Official Records of the County of Alameda on September 6, 2016, as Series No. 2016225519, hereinafter “Agreement”); and WHEREAS, upon the final inspection of the improvements located on Parcel E of Tract 8133, the City determined that certain stormwater features were located outside of the easement area identified in the Agreement; and WHEREAS, the property owner, The Enclave at Tassajara Homeowners Association, and the City desire to enter into an amendment to the Agreement to revise the encroachment area to include the stormwater features and to provide for the property owner to maintain the encroaching features on Parcel E of Tract 8133; and WHEREAS, the property owner has executed and filed with the City of Dublin the First Amendment to Agreement for Long Term Encroachment for Landscape Features, Stormwater Detention, Stormwater Outfall and Mitigation Plantings Associated with Tract 8133, Tassajara Highlands, attached hereto as Exhibit A, which will be recorded against the property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to Agreement for Long Term Encroachment for Landscape Features, Stormwater Detention, Stormwater Outfall and Mitigation Plantings Associated with Tract 8133, Tassajara Highlands, attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Engineer, or designee, is authorized to execute Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution. {Signatures on the following page} Docusign Envelope ID: 2640FC10-F9D7-414D-A491-3A73EC197331 Reso. No. 93-24, Item 5.14, Adopted 08/20/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 20th day of August 2024, by the following vote: AYES: Councilmembers Hu, Josey, Qaadri, Thalblum and Mayor McCorriston NOES: ABSENT: ABSTAIN: ______________________________________ Mayor ATTEST: ____________________________________ City Clerk Docusign Envelope ID: 2640FC10-F9D7-414D-A491-3A73EC197331 Exhibit A Docusign Envelope ID: 2640FC10-F9D7-414D-A491-3A73EC197331 Docusign Envelope ID: 2640FC10-F9D7-414D-A491-3A73EC197331 Docusign Envelope ID: 2640FC10-F9D7-414D-A491-3A73EC197331 Docusign Envelope ID: 2640FC10-F9D7-414D-A491-3A73EC197331