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Attachment 2 <br /> GRANTOR: DUBLIN SAN RAMON SERVICES DISTRICT APN:941-1300-2-8 <br /> PROJECT:JOHNSON DRIVE ECONOMIC DEVELOPMENT ZONE PROJECT <br /> CITY OF PLEASANTON <br /> AGREEMENT FOR PURCHASE OF A PERMANENT EASEMENT <br /> In consideration of the terms and conditions set forth in this Agreement for Purchase of a <br /> Permanent Easement("Agreement"), Dublin San Ramon Services District ("GRANTOR") hereby <br /> grants and delivers this Agreement to the City of Pleasanton ("CITY") conveying a Permanent <br /> Easement as set forth herein. <br /> This Agreement is based on the following facts: <br /> A. GRANTOR owns Property located in the City of Pleasanton; <br /> B. CITY wishes to construct a Project and issue encroachment permits to underground public <br /> utilities on Grantor's Property and will require a permanent easement over a portion of the Property. <br /> Now, therefore, the Parties agree: <br /> 1. Definitions. In this Agreement: <br /> City means the City of Pleasanton, a political subdivision of the State of California, and its <br /> elected and appointed officials, officers, employees, agents, contractors, and volunteers. <br /> Project means the CITY's Johnson Drive Economic Development Zone Project. <br /> Grantor means Dublin San Ramon Services District. <br /> Property means the parcel(s)owned by GRANTOR on which the permanent easement is located, <br /> identified in Attachment 1 (Legal Description). <br /> Permanent Easement means the area of the Property to be acquired by the CITY as a <br /> permanent easement, as described in Attachment 2, including its Exhibits A and B. <br /> Escrow or Escrow Account means the escrow account established by the CITY at First <br /> American Title Company, Order No. NCS-955027-WA1 <br /> 2. Permanent Easement Deed. GRANTOR shall deposit in Escrow a Permanent Easement <br /> Deed suitable for recordation conveying the Easement from GRANTOR to CITY. The Easement <br /> must be free and clear of all liens, leases, encumbrances, recorded or unrecorded, assessments <br /> and taxes, except for any exceptions to title identified in the title report dated March 28, 2019, <br /> which are acceptable to CITY. It is GRANTOR's responsibility to clear any title exceptions not <br /> acceptable to CITY. The form of the Easement Deed shall be substantially as set forth in <br /> Attachment 2, including its Exhibits A (Legal Description) and B (Plat Map). <br /> 3. Purchase. <br /> A. Consideration. CITY shall pay the sum of One-Million, Two-Hundred Ninety-Eight <br /> Thousand Seven-Hundred Forty Dollars and no cents ($1,298,740.00) to the Escrow <br /> Account as consideration for the Easement. <br /> B. Deductions. CITY may deduct and pay from the consideration any amount necessary to <br /> satisfy any liens, bond demands and delinquent taxes due in any year except the year in <br /> which this escrow closes, together with penalties and interest, and/or delinquent and unpaid <br /> non-delinquent assessments, which may have become a lien at the close of escrow. <br /> C. Current taxes. Taxes for the tax year in which this escrow closes shall be cleared and <br /> paid in the manner required by Revenue and Taxation Code Section 5086 if unpaid at the <br /> close of escrow. <br /> D. Escrow and title charges. CITY agrees to pay all escrow, recording and title insurance <br /> charges, if any, incurred in this transaction. <br /> Page 1 of 5 <br />