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HomeMy WebLinkAboutDANIEL, ROBERT WALKERN-2022-144 RIGHT-OF-WAY CONTRACT FOR TEMPORARY CONSTRUCTION EASEMENT INSURANCE NOT REQUIRED Bristol Street Widening Improvement Project WORK MAY PROCEED Phase 3A (between Civic Center Drive and Washington Avenue) CLERK. OF COUNCIL DAM Robert Daniel Walker, an unmarried man GRANTOR 1306 W 11th Street Santa Ana, CA 92703 ® APN:004-111-23 1-4 , PROPERTY ADDRESS In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: The parties have herein set forth the whole of their agreement. The performance of this contract constitutes the entire consideration for the Temporary Construction Easement described below for the above -referenced project and shall relieve the City of Santa Ana ("City") of all farther obligation or claims on account of the location, grade or construction of the proposed improvement. 2. The City shall pay the undersigned grantor(s) the sum of $3,500 for this Temporary Construction Easement. 3. Permission is hereby granted to City or its authorized agent to enter upon grantor's land where necessary, within that certain area legally described and shown in Exhibit "A" and `B" attached hereto and made a part hereof, for the purpose of work associated with removal, re -grading, and reconstruction of the area ("Work") as necessary to match the elevations of the new cul-de-sac improvements constructed as part of the Bristol Street Widening Project — Phase 3A. 4. The undersigned grantor(s) warrant(s) that they are the owner(s) in fee simple of the property affected by this Temporary Easement as described in section 3 above and that they have the exclusive right to grant this Temporary Easement. 5. The parties to this contract shall, pursuant Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT Non -Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Parts 21 and 28 C.F.R. Section 50.3. 6. Further, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract. The acquisition price of the property being acquired in this transaction reflects the fair -market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste, which requires mitigation under Federal or State Page 1 of 4 law, the City may elect to recover its cleanup costs from those who caused or contributed to the contamination. In consideration of the City's waiver of any defects and imperfections in the record title, the undersigned grantor covenants and agrees to indemnify and hold the City harmless from any and all claims that other parties may make or assert on the title to the premises. The grantor's obligation herein to indemnify the City shall not exceed the amount paid to the Grantor under this contract. 9. City agrees to indemnify and hold harmless the grantor from any liability arising out of City's operations under this contract. City further agrees to assume responsibility for any damages proximately caused by reason of City's operations under this contract and City will, at its option, either repair or pay for such damage. 10. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the amount shown in Clause 2 above includes full payment for the Temporary Construction Easement described in section 3 above for a period of 24 months commencing on May 1, 2022 and terminating on May 1, 2024, This easement may also be terminated prior to May 1, 2024 by the City upon written notice to the grantor. At least 48 hours advance written notice will be given before any entry on grantor's property. The right of possession and use of the subject property by the City, includes the Work described in Section 3 and shall conform to Section 14. Written notification shall be given to the owner at: Mr. Robert Walker 1306 W 1 lth Street Santa Ana, CA 92703 Verbal communication with the owner shall be at telephone number (714) 290-1267 In the event owners need to provide written notification to City for information changes or property transfers, the owner shall notify the City in writing of such occurrence at: City of Santa Ana Attn: Executive Director of Public Works 20 Civic Center Plaza, M-36 P.O. Box 1988 Santa Ana, CA 92701 Verbal communication with City shall be at telephone number (714) 647-5655. 11. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the amount shown in Clause 2 above includes full payment for the right of possession and use of the Temporary Construction Easement. 12. The grantor agrees that no improvements other than those already on the Temporary Construction Easement, shall be placed thereof; and the planting of any crops, trees, or shrubs, or alterations, repair, or additions to existing improvements which may hereafter be placed thereon are at grantor's sole risk and without expectation of payment if removed by the City. Page 2 of 4 13. It is understood and agreed that in the event the grantor plans to sell, lease, or rent the grantor's property prior to the earliest of the completion of the project or the final expiration date of this Temporary Construction Easement, the grantor shall inform, in writing, any and all parties involved in said sale, lease, or rental, of this Temporary Construction Easement and associated construction project by the City. 14. All work done under this contract shall conform to all applicable building, fire and sanitary laws ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the City, shall be left in as good condition as found. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS Page 3 of N-2022-144 In WITNESS WHEREOF, the parties have executed this contract the day and year first above written. GRANTEE: City of Santa Ana Kristine Ridge City Manager Attest: aisy Gomez City Clerk Approved as to Form: J019M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director Public Works Agency GRANTOR: Robert Daniel Walker, an unmarried man By: 91� vex �Z5 ';�0�� Robert Daniel Walker Date Date: SIX/ , 2022 Date: 2022 Date: `5 /l `j 2022 Page 4 of 4