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N-2025-048 <br /> INSURANCE NOT REQUIRED <br /> WOK MIN PROCEED <br /> CITY CLERK <br /> RIGHT-OF-WAY CONTRACT FOR TEMPORARY CONSTRUCTION EASEMENT <br /> DATE: MAR 1 9 2025 Bristol Street Widening Improvement Project <br /> Phase 4(between Warner Avenue and St. Andrew Place) <br /> D' V14,UZ) 'IThomas John Mascoli and <br /> JGfon ljii&J *Wendy Ann Mascoli trustees <br /> Mascoli Family Trust Dated 9-12-13 <br /> GRANTOR <br /> 1305 W. Carlton Place <br /> Santa Ana. CA 92707 <br /> APN: 408-332-19 (old -17) <br /> PROPERTY ADDRESS <br /> In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: <br /> 1. The parties have herein set forth the whole of their agreement. The performance of this contract <br /> constitutes the entire consideration for the Temporary Construction Easement described below for the <br /> above-referenced project and shall relieve the City of Santa Ana ("City") of all further obligation or <br /> claims on account of the location,grade or construction of the proposed improvement. <br /> 2. The City shall pay the undersigned grantor(s)the sum of $4,400 for this Temporary Construction <br /> Easement. <br /> 3. Permission is hereby granted to City or its authorized agent to enter upon grantor's land where <br /> necessary, within that certain area legally described and shown in Exhibit"A"and "B"attached hereto <br /> and made a part hereof, for the purpose of work associated with removal, re-grading, and <br /> reconstruction of the area ("Work") as necessary to match the elevations of the new cul-de-sac <br /> improvements constructed as part of the Bristol Street Widening Project—Phase 4. <br /> 4. The undersigned grantor(s) warrant(s)that they are the owner(s) in fee simple of the property affected <br /> by this Temporary Easement as described in section 3 above and that they have the exclusive right to <br /> grant this Temporary Easement. <br /> 5. The parties to this contract shall, pursuant Section 21.7(a) of Title 49, Code of Federal Regulations, <br /> comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title <br /> VI and the Code of Federal Regulations is to complete the USDOT Non-Discrimination Assurance <br /> requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Parts 21 and 28 <br /> C.F.R. Section 50.3. <br /> 6. Further, no person in the United States shall, on the grounds of race, color, or national origin, be <br /> excluded from participation in. be denied the benefits of, or be otherwise subjected to <br /> discrimination under any program or activity that is the subject of this contract. <br /> 7. The acquisition price of the property being acquired in this transaction reflects the fair-market value <br /> of the property without the presence of contamination. If the property being acquired is found to be <br /> contaminated by the presence of hazardous waste, which requires mitigation under Federal or State <br /> Page I of 4 <br />