TAROB COURT PROPERTIES LLC - Laserfiche WebLink

DocpSign Envelope ID:50A65FC0485E-486F-B�C50418EF688 Aonk Expenditure Authorization: 04-OY730 Project ID: 0422000331 6111 Johnson Court AP N: 941-1315-8-6 CITY OF PLEASANTON RIGHT OF WAY CONTRACT —TEMPORARY CONSTRUCTION EASEMENT This RIGHT OF WAY CONTRACT - TEMPORARY CONSTRUCTION EASEMENT ("Contract" or"TCE"), covering the property shown in Exhibit "A" attached and made a part hereof and described in Clause 3 below, has been executed by fee owner, TAROB COURT PROPERTIES LLC ("Owner") and delivered to the CITY OF PLEASANTON ("City"). RECITALS WHEREAS, City is planning roadway improvements to the Hopyard Road and Owens Drive intersection (the "Project), which is adjacent to "Owner's real property commonly known as 6111 Johnson Court (the"Property", APN 941-1315-8-6); and WHEREAS, City's improvements to the intersection includes roadway widening and median narrowing to provide separated and buffered bike lanes, adding a southbound right turn lane, and an additional northbound left turn lane, constructing sound wall, metal barrier fence and gate, curb, gutter, sidewalk, and upgrading landscaping improvements; and WHEREAS, City will also make improvements to Owner's Property as shown in Exhibit "B" attached hereto and made apart hereof; and WHEREAS, Owner is willing to allow City to enter onto portions of the Property as shown in both Exhibits "A" & "B" to make improvements to Owner's Property, subject to terms of the Right of Way Contract("Contract"). WHEREAS, this Contract replaces and supersedes the Right of Entry for Construction Agreement that was entered into by Owner and City on March 28, 2022. NOW THEREFORE, in consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. Entire Agreement. The parties have herein set forth the whole of their agreement. The performance of this Contract constitutes the entire consideration for said document and shall relieve City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. Donation. It is understood and agreed by the parties hereto that the TCE described in Clause 3 is being donated to the City by the undersigned Owner. Owner having initiated this donation, has been informed of the right to compensation for the TCE donated and hereby waives such right to compensation. 3. Temporary Construction Easement (Non-Revocable). Permission is hereby granted the City, its employees and contractors to enter upon Owner's land where necessary with personnel, vehicles and equipment within that certain area identified in Exhibit "A," for the purpose of a TCE to remove and construct the following improvements within the TCE area: a. Removing trees & upgrading plantings and irrigation behind the proposed bike path and within the TCE area along Hopyard Road; b. Installing sound wall, metal barrier fence and gate;