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GRANTOR: WILLIAM STEVEN WHEELER REVOCABLE TRUST APN: 941-311-21 <br /> PROJECT: JOHNSON DRIVE ECONOMIC DEVELOPMENT ZONE PROJECT <br /> CITY OF PLEASANTON <br /> AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT AND <br /> TEMPORARY CONSTRUCTION EASEMENT <br /> In consideration of the terms and conditions set forth in this Agreement for Purchase of a <br /> Permanent Easement and Temporary Construction Easement ("Agreement"), William Steven <br /> Wheeler, Trustee of the 2014 William Steven Wheeler Revocable Trust U/D/T/ May 1, 2014 <br /> ("GRANTOR") hereby grants and delivers this Agreement to the City of Pleasanton ("CITY") <br /> conveying a Permanent Easement and Temporary Construction Easement as set forth <br /> 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 on Grantor's Property and will require a <br /> permanent easement and a temporary construction easement over a portion of the <br /> Property. <br /> C. In lieu of CITY exercising its power of eminent domain, CITY and GRANTOR have <br /> agreed to the conveyances set forth in this Agreement. <br /> Now, therefore, the Parties agree: <br /> 1. Definitions. In this Agreement: <br /> A. City means the City of Pleasanton, a political subdivision of the State of California, <br /> and its elected and appointed officials, officers, employees, agents, contractors, and <br /> volunteers. <br /> Project means the CITY's Johnson Drive Economic Development Zone Project. <br /> B. Easement Area means the area described in Exhibits A and B to the Grant of Easement. <br /> C. Grant of Easement is the instrument for conveyance of the Permanent Easement and shall be <br /> in the form attached hereto as Attachment 2, including its Exhibits A and B thereto. <br /> D. Grantor means William Steven Wheeler, Trustee of the 2014 William Steven Wheeler <br /> Revocable Trust U/D/T/ May 1, 2014. <br /> E. Property means the parcel(s) owned by GRANTOR on which the permanent <br /> easement and temporary construction easement are located, identified in Attachment <br /> 1 (Legal Description). <br /> F. Permanent Easement means the area of the Property to be acquired by the CITY as <br /> a permanent easement, pursuant to the form of Grant of Easement. <br /> G. TCE or the TCE Area means the area of the Property that will be encumbered by the <br /> Temporary Construction Easement. <br /> H. Temporary Construction Easement, is the instrument for conveyance of the TICE and shall be <br />