HomeMy WebLinkAboutLUCKENBILL FAMILY1
TEMPORARY CONSTRUCTION EASEMENT
"Grand Avenue Street Widening/Chestnut to McFadden"
N-2005-035
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For valuable consideration, the undersigned owner(s) hereby grants permission to the
City of Santa Ana, its officers, employees, agents, invitees, and employed contractors,
hereinafter collectively referred to as City, to enter upon, to pass and repass over and
along that portion of its land described and shown on the Exhibit attached hereto and by
reference made a part hereof, for the purpose of providing access and working area for
the construction ofthe street widening of Grand Avenue, between McFadden Avenue and
Chestnut A venue; to enter upon, to pass and repass over and along said land and to
deposit tools, implements, vehicles, construction equipment an other materials thereon by
said City and by persons under contract with it and their employees, whenever and
wherever necessary for the purposes set forth.
This permission is granted subject to the following conditions being fulfilled by City:
(A) Upon completion of street widening work, all surface improvements shall
be restored to the same general conditions as existed prior to the beginning
of said construction work.
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(B)
City shall indemnify the undersigned against and hold the undersigned
harmless from 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 or by any act or omission for which the City is liable in
the exercise of the rights herein granted.
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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 on owner's property by
City's contractor. In the event said actual use extends beyond prescribed period of time
and said use is verified through the City's contractor log, the City shall pay the owner at
the rate of $601.00 per month prorated to the actual date said actual use terminates. This
easement shall become null and void and shall terminate upon completion of said
construction and in any event shall cease and terminate not later than December 31,
2005.
Dated:
2-/15'/05'
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APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
The City of Santa Ana, a charter city and
Municipal corporation duly organized and
existing under the constitution and laws of
The State of California
BY: ~/.J 2 zft~
Lisa Storck
Assistant City Attorney
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LEGAL DESCRIPTION
TEMPORARARY CONSTRUCTION EASEMENT
EXHIBIT "B"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA COUNTY OF
ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: '
That portion of Lot 4 of Tract No. 3841, in the City of Santa Ana, County of Orange,
State of California, as shown on the map filed in Book 147, Pages I and 2 of
Miscellaneous Maps, in the office of the County Recorder of said County, being a strip of
land, 10.00 feet in width, the Easterly and Northeasterly lines of said strip being
descri.bed as follows:
Commencing at the Northerly terminus of that certain "ourse in the Easterly line of said
Lot 4 shown as having a bearing and distance of "N 6057'10" E 165.91' " on said Tract
No. 3841; thence along said Easterly line, the following courses: South 8007'57" West
165.91 feet to the beginning ofa curve concave Easterly having a radius of 1042.00 feet,
and Southerly 1.06 feet along said curve through a central angle of 0003'31" to the
Southeast corner of said Lot 4; thence leaving said Easterly line North 89055'33" West
2.65 feet along the Southerly line of said Lot 4 to the TRUE POINT OF BEGINNING;
thence leaving said Southerly line North 6038'36" East 194.16 feet to the beginning of a
curve concave Westerly having a radius of956.00 feet; thence Northerly 81.46 feet along
said curve through a central angle of 4052'56"; thence non-tangent North 44004'45" West
35.94 feet to the Northerly line of said Lot 4.
The Westerly and Southwesterly lines of said strip of land to be lengthened or shortened
so as to originate in said Southerly line of Lot 4 and to terminate in said Northerly line of
Lot 4.
Subject to covenants, conditions, reservations, restrictions, rights of way and easements,
if any, of record.
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JAMES L. GARVIN, PLS 6343
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.N'L Y LINE LOT 4,
TR. NO. ,J841
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COURSE DATA,
CD N44'04'45'W,J5.94'
o A = 04"52'56'
. R = 956.00'
L = 81.46'
LOT 4
E'LY LINE LOT 4,
TR. NO. .3841
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TRACT NO. 8841
Tf:MPORARY CONSTRUCTION
EASEMENT
10'
lvl/vl 147 / 1 ~ 2
sty LINE LOT 4, T.P,O.B.
TR. NO. ,J841~ 10.07'
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2.65'
--N89'SS',J,J'W
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LEGEND.
(XXX) INDICA TES RECORD
DA TA PER TR. NO.
3841
HUITT -ZOLLARS
Huitt-Zollars, Inc.
430 Exchange, Suite 200, Irvine, CA 92602-1309
(n4) 7:l4-51QO
BY '1/,-/ .
. U~ 11-5-2=(
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
-TEMPORARY
CONSTRUCTION
EASEMENT
(A.P. NO. 011-263-01)
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SC'J.E 1 n=50'
DRAIlN BY MPO
CHECKED BY JLG
DATf: 11/5/2001
..os NO.
10079608
G: \10079608\EX\E:X0796088.DYrr