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Expenditure Authorization: 04-0Y730 <br />Project ID: 0422000331 <br />6111 Johnson Court <br />APN: 941-1315-8-6 <br /> <br />CITY OF PLEASANTON <br />RIGHT OF WAY CONTRACT – TEMPORARY CONSTRUCTION EASEMENT <br />________________________________________________________________________________ <br /> <br />This RIGHT OF WAY CONTRACT - TEMPORARY CONSTRUCTION EASEMENT (“Contract” <br />or “TCE”), covering the property shown in Exhibit “A” attached and made a part hereof and described <br />in Clause 3 below, has been executed by fee owner, JOYFUL CHURCH LLC (“Owner”) and delivered <br />to the CITY OF PLEASANTON (“City”). <br /> <br />RECITALS <br /> <br />WHEREAS, City is planning roadway improvements to the Hopyard Road and Owens Drive <br />intersection (the “Project), which is adjacent to “Owner’s real property commonly known as 6111 <br />Johnson Court (the “Property”, APN 941-1315-8-6); and <br />WHEREAS, City’s improvements to the intersection includes roadway widening and median <br />narrowing to provide separated and buffered bike lanes, adding a southbound right turn lane, and an <br />additional northbound left turn lane, constructing sound wall, metal barrier fence and gate, curb, <br />gutter, sidewalk, and upgrading landscaping improvements; and <br />WHEREAS, City will also make improvements to Owner’s Property as shown in Exhibit “B” <br />attached hereto and made apart hereof; and <br />WHEREAS, Owner is willing to allow City to enter onto portions of the Property as shown in <br />both Exhibits “A” & “B” to make improvements to Owner’s Property, subject to terms of the Right of <br />Way Contract (“Contract”). <br />WHEREAS, this Contract replaces and supersedes the Contract or TCE Agreement that was <br />entered into by previous Owner (TAROB COURT PROPERTIES LLC) and City. <br />NOW THEREFORE, in consideration of which, and the other considerations hereinafter set <br />forth, it is mutually agreed as follows: <br />1. Entire Agreement. The parties have herein set forth the whole of their agreement. The <br />performance of this Contract constitutes the entire consideration for said document and shall relieve <br />City of all further obligation or claims on this account, or on account of the location, grade or <br />construction of the proposed public improvement. <br />2. Donation. It is understood and agreed by the parties hereto that the TCE described in Clause <br />3 is being donated to the City by the undersigned Owner. Owner having initiated this donation, has <br />been informed of the right to compensation for the TCE donated and hereby waives such right to <br />compensation. <br />3. Temporary Construction Easement (Non-Revocable). Permission is hereby granted the City, <br />its employees and contractors to enter upon Owner's land where necessary with personnel, vehicles <br />and equipment within that certain area identified in Exhibit “A,” for the purpose of a TCE to remove <br />and construct the following improvements within the TCE area: <br />a. Removing trees & upgrading plantings and irrigation behind the proposed bike path and within <br />the TCE area along Hopyard Road; <br />b. Installing sound wall, metal barrier fence and gate; <br /> <br /> <br />  Docusign Envelope ID: 05CC23D1-E69A-4074-ADBE-C79729A68E14