NESTBITT PARTNERS ORANGE COUNTY VENTURE, LTD 1 - 2010

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When recorded, please mail this Attachment 1 instrument and tax statements to: Page, 1 Cleric of the Council to co O PV City of Santa Ana ¦ 20 Civic Center Plaza, M-36 Santa Ana, California 92701 Exempt from Recording Fee SPACE ABOVE THIS LINE FOR RECORDER'S Pursuant to Government Code Section 6103 TEMPORARY CONSTRUCTION EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NESBITT PARTNERS ORANGE COUNTY VENTURE, Ltd_, a CALIFORNIA LIMITED PARTNERSHIP successor by merger to OLYMPUS/NESBITT PARTNERS- ORANGE COUNTY GENERAL PARTNERSHIP, a CALIFORNIA GENERAL PARTNERSHIP HEREBY GRANTS TO THE GRANTEE: 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 construction easement to blend the driveway grade separation along the property that you have an interest in to construct the proposed improvements to widen the intersection of Grand Avenue and Dyer Road in, on, over and across that certain real property in the City of Santa Ana, County of Orange, State of California, as described on Exhibit "A", which is attached hereto by reference and made a part hereof. It is understood that said temporary easement shall extend for a period of six (6) months commencing forty-eight (48) hours after the Grantee provides written notification to the Grantor of its intent to commence construction. In the event actual use by Grantee, its authorized agents, or contractors extends beyond the prescribed period of time, the Grantee shall pay the Grantor at the same contract rate of $ 333 per month, prorated to the actual date said use is terminated. This easement shall terminate upon completion of said construction and in any event shall cease and terminate not later than April 30, 2011. It is further understood that when the construction project is completed and said temporary easement is no longer required, said real property shall be restored to the same general conditions as existed prior to the beginning of construction. Dated =7 i(0I1 0 Nesbitt tPPartners Orange County Venture, LTD BY:G-~ Sandra Barnes TITLE: Treasurer STATE OF CALIFORNIA } ~t~~~,~,y~ )ss. COUNTY OF~~ i-tt\1( 515 } On 'f~ ' before me, personally appeared -Fl!IJA2/aA leu FATIMA GRAPE-FORCIER (or proved to me on the basis of satisfactory Commltalon 180547b Notary Public - Calffornla evidence) to be the persor%(d)-whose name(._ re. subscribed to the Los Angeles Car" within instrume d acknowledged to me tha he trey-execut M Comm. Ins Jul 2, 2012 the same in her authorized capacity {iYSj, an that by er on the instrument the person(s) or the entity upon be- half of which the persons}acted, executed the instrument. I certify un- der PENALTY OF PERJURY under the laws of the State of California - that the foregoing is true and correct. i WITNESS my hand and official seal- Signature (This area jbr official notary seal) j)V