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RECORDING REQUESTED BY: <br /> CITY OF PLEASANTON <br /> When Recorded, Return to: <br /> Office of the City Clerk <br /> City of Pleasanton <br /> P.O. Box 520 <br /> Pleasanton,CA 94566 <br /> Recording requested Pursumit to <br /> Government Code Sacbons <br /> No Fee-27383 3 6103 <br /> APN:941-13W-17 A 941-1300-18 <br /> TEMPORARY CONSTRUCTION EASEMENT AGREEMENT <br /> f <br /> In connection with the Johnson Drive Economic Development Zone Project (Pr*ct") to be <br /> constructed by the City of Pleasanton("CITY-),Pacific Bell Telephone Company,a California corporation, <br /> formerly known as and which wired title as Pacift Telephone acid Telegraph Company, a California <br /> corporation ('GRANTOR"), and the CITY entered into that certain Agreement for Pu d^tass of Fee, <br /> Easements and Temporary Construction Easements dated .2022('OrlgkW Agreement"), <br /> whereby GRANTOR agreed to enter Into Ifile Temporary Construction Easement Agreement (-TCE <br /> Agreement'}and,grant to CITY the Temporary Construction Easement set forth herein. <br /> 1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. GRANTOR awns certain real <br /> property in fee, as more particularly entified on Attachment 1 `Property"}. GRANTOR hereby grants <br /> to CITY a Temporary Construction Easement ('TCE") over portiiorm of the Property far the use and <br /> storage of tools, machinery, materials and equipment by CITY, over, ac r st and upon that certain real <br /> property as described and depicted In Attachment 4, Exhibits A and B and Attachment 4-1, Exhibits A <br /> and B attached hereto and made a part hereof( TCE Ares), together with the right of Ingress to and <br /> egress from said property and the right at all tines to enter and use said real property and every part <br /> thereof for all purposes connected with the construction of the proposed pubic Improvement for a period <br /> of 12 months. The TCE Is subject to the Street Improvement Platin attached hereto as Attachment 5 and <br /> made a part.hereof.The 12 month period shill commence with the first entry on GRANTOR's Property <br /> by CITY'S contractor altar close of escrow under the Original Agreement. At least 48 hours advance <br /> written notice will be given bare any entry on GRANTOR's Property. The amoult set forth In Clause 3 <br /> of the Original Agreement Includes;full payment for the TCE. <br /> A. CITY agrees to promptly restore any damage to the TCE Area andtor the parcels upon <br /> which the TCE Area Is sltua W(and the nprovemnemts located thereon)caused by CITY's <br /> entry upon the TCE Area or work performed in connection with the Project. <br /> B. CITY agrees upon completion of any of its works hereunderto restorer,as now as possible, <br /> the surface of the TCE to the condition In which it was prior to the commencement of the <br /> work related to the proposed punk improvement. <br /> C. In the event GRANTOR sells, conveys or assigns any property Interest encumbered by <br /> this TCE Agreement prier to CITY eexercteft the nights granted herein, GRANTOR shall <br />