EXHIBIT A
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) an easement interest; and 2) one (1) temporary construction easement interest in portions of certain real property, more particularly described as Assessor Parcel No. 010-495-010.
“Permanent Easement” refers to a permanent and perpetual easement for a pedestrian path and public right of way, with a right of immediate entry and with continued possession and access for the purpose of construction, improvement, maintenance, alteration, relocation, inspection, occupation, repairs, operation, removal and replacement of a concrete trail, retaining wall, and all its appurtenances, fence, rip rap and all erosion control as the City of Santa Rosa may choose to make in, upon, over, across, through and under portions of that real property, more particularly described as Assessor Parcel No. 010-495-010 in the City of Santa Rosa, Sonoma County, California for the construction and maintenance of the SANTA ROSA CREEK TRAIL ACCESS AT N. DUTTON AVE (WEST SIDE) 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 erected 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 Easement” or “TCE” grants to the City of Santa Rosa, its contractors, successors, and assigns, a temporary construction easement with a right of immediate entry, over, across, under and through portions of that certain real property more particularly described as Assessor Parcel No. 010-495-010 located in the City of Santa Rosa, County of Sonoma, State of California (“TCE Area”) for construction and related purposes for the Project.
The City of Santa Rosa shall have the right, without limitation, to enter upon and to pass and repass over and along said easement with personnel, vehicles and equipment for construction of the Project, and all other related activities, and to trim, cut and clear away, remove or otherwise control all improvements and any tree, bush, or other vegetation that interfere with the Project, to conform the TCE Area to the Project, and to do any and all other actions necessary and appropriate to the construction of the Project.
As used here, “City” includes its officers, agents, contractors, and employees, and other governmental agencies responsible for review or construction of any portion of the Project and their officers, agents, contractors, and employees. If access to the TCE Area is across Grantor’s Property, Grantor shall maintain the rights of ingress and egress at all times during the construction period.
At no additional cost to City, City has the right to enter upon Grantor’s Property, where necessary, to reconstruct or perform any warranty or related work for a period of 180 days after the expiration of the term of the Grant of Temporary Construction Easement Deed and any extension. The work may include related driveways, walkways, lawn, landscaped and hardscaped areas, irrigation systems, sidewalks or any area where reconstruction or warranty work on Grantor’s Property is necessary.
All work performed by the City in the TCE Area shall conform to applicable building, fire and sanitary laws, ordinances and regulations relating to the work and shall be done in a good and workerlike manner.
Non-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 the easement except at the written consent of the City of Santa Rosa, its successors and assigns.
No other easement or easements shall be granted on, under, or over this easement without obtaining 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 City 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 twelve (12) 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 010-495-010
LEGAL DESCRIPTIONS AND DEPICTIONS