|
Recording Requested By:
<br />Commonwealth Land Title Company
<br />When recorded, please mail this
<br />instrument and tax statements to:
<br />Clerk 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 />THE CITY OF SANTA ANA PER
<br />GOVERNMENT CODE SECTION
<br />z? �3
<br />Recorded in Official Records, Orange County
<br />Hugh Nguyen, Clerk-Recorder
<br />lI
<br />�l 1 111[ ��111[ 11]� 11�11 I l 11�
<br />1No FEE
<br />*$ R 0 0 1 4 0 5 3 5 9 0 $ *
<br />2022000358433 4:17 PM 11/08122
<br />227 NC-5 Wi A04 8
<br />0.00 0.00 0.00 0.00 21.00 0.00 0,000,000.00 0.00
<br />SPACE ABOVE THIS LINE, FOR RECORDER'S USE
<br />CANCEL.
<br />TAXES
<br />APPROVED AS TO
<br />FORM BY ATTY.
<br />APPROVED BY
<br />DIRECTOR
<br />DESCRIPTION
<br />WRITTEN BY
<br />D.CWTION
<br />CIIECKLID-O.x.
<br />A. P.
<br />NUMBER 408-335-02
<br />RIW MAP
<br />NUMBER
<br />PROJECT
<br />NUMBER
<br />1306 W. Camden Place, Santa Ana, CA 92704 Dam NUMBER
<br />TEMPORARY CONSTRUCTION EASEMENT
<br />FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JOSE M.
<br />SANTILLAN, a single man ("GRANTOR"), Does hereby Grant to the CITY OF SANTA ANA, a
<br />charter City and municipal; corporation duly organized under the Constitution and laws of the State of
<br />California, (the GRANTEE, hereinafter referred to as "the CITY"), its successors and assigns, the
<br />exclusive right, on a temporary basis, to enter and utilize certain real property in the City of Santa
<br />Ana, County of Orange, State of California, which is described on Exhibit 'C' (legal description) and
<br />depicted on Exhibit 'D' (plat to accompany legal description), which are attached hereto and made a
<br />part hereof (the "Property"), upon the terms set forth below.
<br />1. Pu- rpose. This TEMPORARY CONSTRUCTION EASEMENT ("TCE") is for the
<br />purpose of constructing the Phase 4 of the Bristol Street Improvement Project between Warner
<br />Avenue and Saint Andrew Place ("PROJECT"), a public project, and gives the CITY, its successors
<br />and assigns, the power to perform all activities necessary for the construction and completion of the
<br />Project, inclusive of Ingress and egress, and necessary appurtenances thereto, on, over, and under
<br />GRANTOR's 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
<br />GRANTOR. Upon filing of the Notice of Completion of the PROJECT, the rights granted by this
<br />Instrument shall automatically terminate and be of no further force and effect.
<br />3. Release. For valuable consideration, as set forth in the Purchase and Sale
<br />Agreement for Acquisition of Real Property and Bilateral Escrow Instructions signed concurrently
<br />herewith, GRANTOR, and its successors, transferees and assigns, and each of them, hereby forever
<br />release and fully discharge the CITY and each of Its predecessors and successors, and all of their
<br />officers, directors, members, employees, agents, contractors, assignees, and representatives, from
<br />any and all claims, demands, damages, causes of action, costs, and expenses (including, without
<br />limitation, experts' and attorneys' fees), that GRANTOR now, or in the future may have, of
<br />whatsoever kind or nature, whether known or unknown, suspected or unsuspected, present or
<br />potential, foreseen or unforeseen, fixed or contingent, arising from or in any way connected with the
<br />construction or use of the PROJECT ("Claim"), including, without limitation, any Claim suffered by
<br />reason of the theories of Impairment of access, inverse condemnation, property damages, loss of
<br />income and/or goodwill, and relocation assistance pursuant to Federal and/or State law and
<br />implementing regulations or otherwise, GRANTOR understands and agrees that the release
<br />
|