Laserfiche WebLink
ANN <br /> RIGHT-OF-ENTRY AND ACQUISITION AGREEMENT (Kiewit) <br /> THIS AGREEMENT is made and entered into this ?,B day of <br /> Acqi&i—t' , 1986, by and between Peter Kiewit Sons ' Co, A <br /> Neb aska Corporation (the "Owner") , and the CITY OF PLEASANTON, <br /> California Municipal Corporation (the "City") . <br /> RECITALS <br /> A. The City is about to commence work on The Valley Avenue <br /> Extension Project. A portion of that project involves extending <br /> an at grade crossing over the San Ramon Branch line of the <br /> Southern Pacific Transportation Company to replace the existing <br /> Busch Road at grade crossing. <br /> B. As part of the new Busch Road at grade crossing, the <br /> City needs to acquire a 6869 .239 square foot parcel ("Subject <br /> Parcel") from Owner. The Subject Parcel is a portion of APN <br /> 946-1251-007-01 and is more particularly described in Exhibit A <br /> to this Agreement. <br /> C. The City has the power of eminent domain and, in the <br /> absence of this Agreement, would have exercised its power of <br /> eminent domain to acquire the Subject Parcel. <br /> NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: <br /> 1. Grant of Right-of-Entry. Owner hereby grants permission, <br /> as more specifically delineated below, to the City, its agents, <br /> employees, and assigns to enter upon the Subject Property with <br /> such personnel, equipment, machinery, vehicles, and material as <br /> may be necessary for the purpose of constructing the improvements <br /> shown in the plans and specifications entitled "Valley Avenue <br /> Extension A.D. 1986-1" as approved June 16, 1986, and as such <br /> plans and specifications are amended, both of which are on file <br /> with the Engineering Division of the City of Pleasanton. <br /> 2 . Indemnity. City shall defend, indemnify, and hold <br /> harmless Owner against any and all liability or claims for <br /> personal injury, death, mechanics liens or property damage <br /> arising out of, or in connection with, its activities, or those <br /> of its representatives, undertaken pursuant to this <br /> right-of-entry. <br /> 3 . Conveyance of Subject Property. Owner shall convey to <br /> the City the lands described in Exhibit A to this Agreement by <br /> grant deed in fee simple absolute, free and clear of all liens, <br /> options, encumbrances assessments, easements, leases (recorded <br /> and/or unrecorded) , and taxes, except taxes for the fiscal year <br /> in which this escrow closes which shall be cleared and paid in <br /> the manner required by Section 4986 of the Revenue and Taxation <br />