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N-2009-103-001 <br />JUL 18 2011 <br />???- ??f' ? Amendment #1 to the <br />?'?"?' ° Purchase and Sale Agreement of Real Property <br />and Bilateral Escrow Instructions <br />THIS FIRST AMENDMENT ("First Amendment") is made and entered into as of <br />?lr.??w /S. 2011, by and between the CITY OF SANTA ANA (hereinafter called <br />' uy '), and ANNAH INDUSTIRES, INC. (hereinafter called "Seller") and is intended to <br />modify the terms of that Purchase and Sale Agreement for Acquisition of Real Property and <br />Bilateral Escrow Instructions (herein called "Agreement") dated August 11, 2009 and executed <br />by Buyer and Seller (collectively called "Parties"). <br />WHEREAS, the City of Santa Ana acquired a 122 square foot permanent easement and <br />72 square foot temporary construction easement (Easements), recorded September 10, <br />2009; and <br />WHEREAS, the City of Santa Ana paid Four Thousand Eight Hundred Ninety Dollars <br />($4,890.00) for Easements on September 16, 2009; and <br />WHEREAS, the City of Santa Ana required an additional 63 square foot permanent <br />easement to accommodate the installation of the railroad safety improvements along <br />Chestnut Avenue as legally described and depicted on Exhibit A and B attached hereto; <br />and <br />WHEREAS, the City is willing to adjust the compensation paid for said Easement. <br />Now, therefore, the Parties agree as follows: <br />Seller agrees to sign new Easement; and <br />2. The City will pay Seller One Thousand Six Hundred Fifty Dollars ($1 ,650.00) for <br />Easement; and <br />This Amendment shall amend, modify and supersede, to the extent of any inconsistencies, the <br />provisions of the Agreement, as amended. Except as expressly affected by this Amendment, the <br />Agreement shall remain in full force and effect. Any reference to the Agreement shall be <br />deemed to reference the Agreement as amended by this Amendment.