RecD00 2000-116301 - Laserfiche WebLink

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(iii) A ten (10) foot wide paved pedestrian and bicycle path within that limited portion of Levee Segment VII described in Exhibit D attached hereto and depicted on Exhibit D-l attached hereto (the "Exterior Pathway Area") to allow pedestrian and bicycle access to the Observation Deck Easement Area (as described in subparagraph (iv) immediately below). (iv) A two hundred (200) square foot elevated public observation platform cantilevered over the bayward slope of Levee Segment VII adjacent to a limited portion of Levee Segment VII and described in Exhibit E attached hereto and depicted on Exhibit E-l attached hereto (the "Observation Deck Easement Area"). (v) A ten (10) foot wide asphalt pedestrian and bicycle pathway immediately adjacent to Shearwater Parkway from the southwesterly coiner of the Property running easterly along the southwesterly boundary of the Property for approximately four hundred (400) feet and an eight (8) foot wide asphalt bicycle pathway and a separate six (6) foot wide pedestrian pathway of decomposed granite on top of the existing narrow levee running easterly along the southwesterly boundary of the Property and then turning northerly at the southeastern corner of the Property and running along the inboard dredger channel, with all pathways described above being located within that limited portion of the Property described in Exhibit F attached hereto and depicted on Exhibit F-1 attached hereto (the "Alternative Inland Easement Area"). The City presently holds easement rights over the Exterior Levee Area, the Gate Area and the Exterior Pathway Area, all of which are collectively referred to in this Agreement as the "Existing Easement Areas". The Observation Deck Easement Area and the Alternative Inland Easement Area are collectively referred to in this Agreement as the "Easement Areas." All ofthe improvements to be constructed within the Existing Easement Areas and the Easement Areas by the City as described in subclauses (i) through (v) above are collectively referred to herein as the "Easement Improvements." The approximate locations of the Easement Areas and Existing Easement Areas within the Property and with reference to Shearwater Parkway are depicted on Exhibit G attached hereto. , C. Concurrently with the execution and delivery of this Agreement, RSP and the City are entering into that certain License and Indemnification Agreement of even date herewith (the "License Agreement") pursuant to which the City has agreed to construct and install the Easement Improvements within the Existing Easement Areas and the Easement Areas at its sole cost and expense. D. Pursuant to the terms of the BCDC Permit, RSP is required to grant non- exclusive easements to the City over the Easement Areas, subject to the conditions set forth in Section 1 below. 2 " S I') lOa. "~g: "N- ao la«) s~ ~ S~~ S~~ N~~ --- ~ - - --- - --- - - == - --- --- == ~ --- - - === ~ --- ~