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RECORDING REQUESTED BY: <br />City of San Leandro <br />Planning Services Division <br />835 East 14th Street <br />San Leandro, California 94577 <br />WHEN RECORDED MAIL TO: <br />Marian Handa, City Clerk <br />City of San Leandro <br />835 East 14th Street <br />San Leandro, California 94577 <br />,~,. ~~ 9`'MF 2@08@6@921 @212@12@@8 11:2$ R~ <br />0 o OFFICIAL RECORDS OF ALAMEDA COUNTY <br />~ ' PATRICK O'CONNELL <br />RECORDING FEE: 0.00 <br />C'~ C I F OPN~T <br />5 PGS <br />1 <br />`_ <br />~] <br />THIS SPACE FOR RECORDER'S USE ONLY <br />(No fee pursuant to Government Code Section 27383) <br />DCQI~'&3~TI' BF Its AMQ~ID HAS NEVER BSI REDID <br />Amendment to Planned Development Approval Precise Plan PD-66-2 <br />1305 MacArthur Boulevard -Assessor's Parcel Numbers 77-501-1 and 77-501-2 <br />ESC Partners LP, Applicant <br />This Amendment to Planned Development Approval Precise Plan PD-66-2 ("Amendment") is <br />entered into on the ~~`of December, 2007 ("Effective Date") by and between the CITY OF SAN <br />LEANDRO, a municipal corporation, hereinafter referred to as "City," and ESC PARTNERS LP, a <br />California Limited Partnership, as "Applicant". <br />WHEREAS, on July 28, 1966, the City Council granted Planned Development Approval Precise <br />Plan PD-66-2 ("PD-66-2") for certain real property located at 1305 MacArthur Boulevard in the City of San <br />Leandro, County of Alameda, State of California, APNs 77-501-1 and 77-501-2; and <br />WHEREAS, Applicant owns the Property and operates Estudillo Shopping Center ("Shopping <br />Center") upon it; and <br />WHEREAS, on April 9, 2001, Applicant and City entered into that certain Agreement for Transfer <br />of Real Property ("Transfer Agreement"). The Transfer Agreement required Applicant to install a sidewalk <br />in the Shopping Center parking lot, pay the City certain consideration, quitclaim to City part of the real <br />property at Grand and Estudillo Avenues, and grant the Litt' an easement at the corner of Joaquin and Grand <br />Avenues. The Transfer Agreement also required City to complete certain improvements, quitclaim to <br />Applicant part of the right-of--way at Joaquin and Grand Avenues, and amend PD-66-2 to delete the <br />requirement to build a public sidewalk along the face of the Shopping Center buildings; and <br />WHEREAS, Paragraph 3 of the Transfer Agreement provides that "City agrees to amend the PD <br />Permit for the Shopping Center to delete the current requirement that a public sidewalk be built and <br />maintained along the face of the Shopping Center buildings. By this amendment of the PD Permit the City <br />shall abandon any rights it may have to require construction or maintenance of the aforementioned public <br />sidewalk along the face of the Shopping Center buildings"; and <br />WHEREAS, the City's records of planned development permits, building permits, and tract maps <br />do -not require that a public sidewalk be built and maintained along the face of the Shopping Center <br />buildings; and <br />