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RIGHT-OF-ENTRY AND ACQUISITION AGREEMENT (Kiewit) <br /> <br /> THIS AGREEMENT is made and entered into this A~ day of <br />/ar~s'r' , 1986, by and between Peter Kiewit Sons' Co, A <br />Nebraska Corporation (the "Owner"), and the CITY OF PLEASANTON, <br />California Municipal Corporation (the "City"). <br /> <br /> RECITALS <br /> <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 /> <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 /> <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 /> <br />NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: <br /> <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 /> <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 /> <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 /> <br /> <br />