EXHIBIT A
82816.00005\40018260.2
Legal Definitions of Property to be Acquired
The following is the definition of legal rights to be acquired by the City of Santa Rosa. “Acquisition,” grants to the City of Santa Rosa: 1) two (2) permanent sewer and waterline easement interests; and 2) two (2) temporary construction easement interests in portions of certain real property, more particularly described as Assessor Parcel Nos. 031-240-006 and 031-240-067. “Permanent Easement” refers to a permanent and perpetual easement for public sewer and waterline, with a right of immediate entry an d with continued possession and access for the purpose of construction, improvement, maintenance, alteration, relocation, inspection, occupation, repairs, operation, and replacement of a public sewer and waterline as the City of Santa Rosa may choose to make in, upon, over, through and under portions of that real property, more particularly described as Assessor Parcel Nos. 0 31-240-006 and 031- 240-067 in the City of Santa Rosa, Sonoma County, California for the construction and maintenance of the LOS ALAMOS TRUNK
SEWER REPLACEMENT PROJECT IN THE CITY OF SANTA ROSA, SONOMA COUNTY, CALIFORNIA (the “Project”), and other public uses, as determined necessary by the City of Santa Rosa together with all necessary rights incidental thereto, on, over, under, and across the property in connection with the exercise of any easement rights described herein.
The City of Santa Rosa shall have the right to trim, cut, and clear away or otherwise control any tree, brush, or other vegetation, and to deposit tools, implements and other materials thereon, without payment of additional compensation, by said City of Santa Rosa, its officers, agents, and employees and by any contractor, his agents, and employees engaged by said City, whenever and wherever necessary for the purposes set forth above, as determined in its sole discretion.
Property Owner shall not erect or construct, or permit to be erecte d or constructed, any permanent building, structure or improvement on, over, or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of the City of Santa Rosa, its successors and assigns.
No other easements shall be granted on, under or over the easement without the prior written consent of the City of Santa Rosa, its successors and assigns.
Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder.
“Temporary Construction Easements ” or “TCE” grants to the City of Santa Rosa, its contractors, successors, and assigns, with a right of immediate entry for the purpose of constructing a public sewer an d waterline as part of the Project in the City of Santa Rosa, Sonoma County, California in, upon, over, across, through and under portions of that certain real property, more particularly described as Assessor Parcel Nos. 031-240-006 and 031-240-067 in the City of Santa Rosa, Sonoma County, California.
The City of Santa Rosa shall have the right to enter upon and to pass and repass over and along said easement and to trim, cut and clear away or otherwise control any tree, bush, or other vegetation, to construct related easements and to deposit tools, implements, and other materials 82816.00005\40018260.2
thereon by said City of Santa Rosa, its officers, agents and empl oyees and by any contractor, his agents, and employees engaged by the City of Santa Rosa, whenever and wherever necessary for the purposes set forth above.
Permitted Activities by Property Owner:
Prior to termination of the TCE, the property owner shall not erect or construct, or permit to be created or constructed, any building, structure or improvement on, over or under any portion of the easement, nor shall property owner plant any tree or trees or plant any other vegetation or flora on any portion of t he easement except at the written consent of the City of Santa Rosa, its successors and assigns.
Non-Permitted Activities by Property Owner:
No other easement or easements shall be granted on, under, or over this easement without obtaining the prior the prior written consent of the City of Santa Rosa, its successors and assigns.
Permitted Activities by Condemning City:
The City of Santa Rosa shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as C ity determines in its sole discretion without payment of any additional compensation to property owner.
The TCE shall commence on the date the contractor is issued the Notice to Proceed letter and will terminate upon recording of the Notice of Completion of the City of Santa Rosa’s Project.
The use of the TCE area is anticipated to be required for a period of 24 months, beginning when the City of Santa Rosa provides written notice of commencement of construction. within the prescribed timeline for the City of Santa Rosa’s Project unless the term of the TCE is extended by written agreement of the parties.
The Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder.
ASSESSOR PARCEL NUMBER 031-240-006
LEGAL DESCRIPTION AND DEPICTION
ASSESSOR PARCEL NUMBER 031-240-067
LEGAL DESCRIPTION AND DEPICTION