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When recorded, please mall this Instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M•36 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 CANCEL AOENCY(JES) APPROVED BY DESCRIPTION DESCRIPTION A.P. RfWMAP PROJECT TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED•O.K NUMBER NUMBER NUMBER 402- 042 -01 Portion of 1701 E. McFadden Avenue, Santa Ana, CA Exhibit "D" TEMPORARY CONSTRUCTION EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, John M. Mitchell and Darla R. Mitchell, Trustees of the Mitchell Family Trust U.D.T. dated July 1, 1987, as to an undivided Interest, and Lyle B. Mitchell, Trustee of the Lyle B. Mitchell Trust Initially created August 25, 1988, as to an undivided % Interest. Does Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, , a temporary easement for purposes Incidental to construct the proposed improvements to 1701 E. McFadden Avenue, in, on, over and across that certain real property In the City of Santa Ana, County of Orange, State of California, as described and depicted on "Temporary Construction Exhibits 'Al' and W, which Is attached hereto by reference and made a part hereof. This permission Is granted subject to the following conditions being fulfilled by City: (A) Additional construction parameters within the Temporary Construction area will be as follows: (B) During construction of driveway approaches, access to the business will be maintained at all times. In some cases, construction of one - half of a driveway approach at a time may be required. At no time, the contractor shall block access to the business during construction. (C) City shall Indemnify the undersigned against and hold the undersigned harmless of any loss of or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of City of by any act or omission for which the City is liable In the exercise of the rights herein granted. it Is understood that the period of use of said easement shall exist for a period of no more than 6 months and shall commence with the first entry of owner's property by City s contractor. In the event that actual use extends beyond 6- months, and said use is verified through the City's /State contractor log, the City shall pay the owner at the rate of $133.33 per month prorated to the actual date said use terminates. This easement shall terminate upon completion of said construction and In any event shall cease and terminate not later than August, 2011. Date: 2010 By: By: John M. Mitchell, Trustee STATE OF CALIFORNIA }ss. COUNTY OF t By: By: Darla R. Mitchell, Trustee On 2010, before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is /are subscribed to the within Instrument and acknowledged to me that he /she /they executed the some in hls/her /their authorized capacity(ies), and that by his/her /their signature(s) on the Instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 1s true and correct. Signature SIGNATURE OF NOTARY PUBLIC 25J -16 PLACE NOTARY SEAL ABOVE