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Commonwealth Land Title Company <br /> When recorded, please mall this <br /> instrument and tax statements to: <br /> Cleric of the Council <br /> City of Santa Ana <br /> 20 Civic Center plaza,M-30 <br /> Santa Ana,California 92701 <br /> Free recording requested by <br /> TI-IF CITY OFSANTA ANA PER ._-_SPIKE ALCOVE THIS LINE FORRECORDBR'S USE <br /> GOVERNMENT CODE SECTION 64%, <br /> CANCEL APPROVEDAS APPROVED BY hHSCRIPTION D"CRIPTION A.P. MY MAP PROJECT <br /> TAXES To FORM BY DIRECTOR WRITTF.NRY CHECRED-OX NUMBJ$R 400-33,5-17 NUMR8R NUMBER <br /> ATTY. <br /> x <br /> 1305 W. Saint Anne Place, Santa Ana, CA 92707 =DEEDMISFR <br /> �� �✓ �JS TEMPORARY CONSTRUCTION EASEMENT .�D 00 <br /> FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NARC ISO A. RIVERA <br /> ,�;and ROSA ELVIRACSMTIANA,�, husband and wife as joint tenants ("GRANTOR"), Does hereby <br /> Grant to the CITY OF a charter City and,municipal; corporation duly organized under the <br /> Constitution and laws of the State of California, (the GRANTEE, hereinafter referred to as "the CITY"), <br /> its successors and assigns, the exclusive right, on a temporary basis, to enter and utilize certain real <br /> property In the City of Santa Ana, County of Orange, State of California,which is described can Exhibit <br /> "C" (legal description) and depicted on Exhibit "D" (plat to accompany legal description), which are <br /> attached hereto and made a part hereof(the "Property"), upon the terms set forth below. <br /> 1, Purpose. This TEMPORARY CONSTRUCTION EASEMENT ("TCE") is for the purpose <br /> of constructing the Phase 4 of the Bristol Street Improvement Project between Warner Avenue and <br /> Saint Andrew Place ("PROJECT"), a public project, and gives the CITY, its successors and assigns, <br /> the power to perform all activities necessary for the construction and completion of the Project, Inclusive <br /> of ingress and egress, and necessary appurtenances thereto, on, over, and under GRANTOR's <br /> Property. <br /> 2. Term. GRANTOR agrees that the term of the TCE shall be for a period of 18 months, <br /> and shall commence when the CITY issues a notice of commencement of construction to GRANTOR. <br /> Upon filing of the Notice of Completion of the PROJECT, the rights granted by this instrument shall <br /> automatically terminate and be of no further force and effect. <br /> 3. Release, For valuable consideration, as set forth in the Purchase and Sale Agreement <br /> for Acquisition of Real Property and Bilateral Escrow Instructions signed concurrently herewith, <br /> GRANTOR, and its successors, transferees and assigns, and each of them, hereby forever release <br /> and fully discharge the CITY and each of Its predecessors and successors, and all of their officers, <br /> directors, members, employees, agents, contractors, assignees, and representatives,from any and all <br /> claims, demands, damages, causes of action, costs, and expenses (including, without limitation, <br /> experts' and attorneys' fees), that GRANTOR now, or in the future may have, of whatsoever kind or <br /> nature, whether known or unknown, suspected or unsuspected, present or potential, foreseen or <br /> unforeseen, fixed or contingent, arising from or in any way connected with the construction or use of <br /> the PROJECT ("Claim"), including, without limitation, any Claim suffered by reason of the theories of <br /> impairment of access, inverse condemnation, property damages, loss of Income and/or goodwill, and <br /> relocation assistance pursuant to Federal and/or State law and implementing regulations or otherwise. <br /> GRANTOR understands and agrees that the release contained herein shall not be deemed or <br /> construed as an admission by the CITY of any liability of any kind to GRANTOR. <br /> Rivera, who acquired title- <br /> formerly known as Rosa Elvira Landaverde <br />