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HomeMy WebLinkAboutMORRISETT FAMILY TRUST 2 . N-2005-036 0' f'1l!;4. (j(',JD~ TEMPORARY CONSTRUCTION EASEMENT "Grand Avenue Street Widening/Chestnut to McFadden" 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 of the street widening of Grand Avenue, between McFadden Avenue and Chestnut Avenue; 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. It is further understood that the Citv will not occupv or encroach onto anv of the undersigned owner(s) parking spaces located at or near the intersection of Hunter Avenue and Grand Avenue. 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. (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 ofthe rights herein granted. 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 $160.00 per month prorated to the actual date said actual use terminates. This easement shall become null and void and shall terminate upon completion of said construction and in any event shall cease and terminate not later than December 31, 2005. Dated: For: The Morrisette Family Trust dated June 24, 1998 @4/A$~ y: Robert Allen Morrisette, Co-Trustee Id:=-- ~~ Vvf~-~ By: Patricia Biggs Morrisette, Co-Trustee 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 ofcali~ B~ ~ ~m-~ y: LIsa Storck Assistant City Attorney . . '" D , , 4" ATTESTJ / / _ ~~~ PA TRICIA E. HEAlY CLER!( OF r.'-'r: -:-OUNCIL " . . '. LEGAL DESCRIPTION TEMPORARARY CONSTRUCTION EASEMENT EXHIBIT "B" Page 1 of2 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: 10-0796-08 (A) 11-05-01 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT AP. NO. 011-292-10 That portion of Lot 1 of Tract No. 5539, in the City of Santa Ana, County of Orange, State of California, as shown on the map filed in Book 204, Pages 49 and 50 of Miscellaneous Maps, in the office of the County Recorder of said County, being a strip of land, 10,00 feet in width, the Southeasterly and Easterly lines of which are described as follows: Commencing at the Northerly terminus of that certain course in the Easterly line. of said Lot I shown as having a bearing and distance of "N 0006'20" W 101.05' "; thence along said Easterly line and the Southeasterly and Southerly lines of said Lot 1, the following courses: South 1004'27" West 101.02 feet to the beginning of a curve concave Northwesterly having a radius of 25,00 feet, Southerly, Southwesterly and Westerly 39,27 feet along said curve through a central angle of 90000'00" to the beginning of a compound curve concave Northerly having a radius of 120,00 feet, and Westerly 5.87 feet along said curve through a central angle of 2048'16" to the TRUE POINT OF BEGINNING; thence leaving said Southerly line North 49046'48" East 35.77 feet to a line being parallel with and 4,00 feet Westerly of said Easterly line of Lot 1; thence North 1004'27" East 1 05,58 feet along said parallel line to the Northeasterly line of said Lot 1. The Northwesterly and Westerly lines of said strip of land to be lengthened or shortened so as to originate in said Southerly line of Lot 1 and to terminate in the Northeasterly line of said Lot 1. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, ifany, of record, ~P<JrYu~ JA.\IES L. G,<\RVIN, PLS 6343 . " ~~ ""'I f " . -?~ ~ 1"- I ~~<~ -:-~;~ ~ l I . -:-0</*" :.:>....;.'~ . ~ J"... ,s,su: <'"0.... " ,s <<- I I \9.? '/. _ .s;, YR. NOJ I -553[)~.9-,,- E'L Y UNE LOT I, I TR. NO. SS39 I LOT 1 I '" , . , COURSE DATA, CD N49'4-6'4-/5"E 3S.77' (]) (6= J5Vo'OS" R = 120.00' L = 73.52') (J) 6 = 25'48'OS" R = 120.00' L = 54.04' (]) 6 = 06"29'44" R = 120.00' L = 13.60' @ 6 = 02'4-/5'16" R = 120.00' L = 5.87' LOT 2 ~ ~ EXHIBIT "B" Page 2 of2 -.. "I f--____ j\Aivl 204 / 4[) ~ 50 I . 9''). ~' '\.~ "- I Uf "I "- 4' r r 33' d~" t !<J~ ~ ~~ s::> l':l . ~ is '" .1'0J':s < .... R--I~<?,!-!~ 10' ~ r" ", I <: ~ -":0' ~ \. ly' .(p, ~ ~ ~2 4 S ,~~~~ :\~~1') ~GJ '--. (.<:;;--- f!PLTZt'!.?_'d f';e8'55'3~3Wl "'- R': J'~ C4~D. P.c.c.,,- (58.00') __ l ISO OS' --" - --. <'.9 .00' -- ----- 1.90) f HUNTER ~ -.....:. AVENUE --- --- ~ ----- ---- ~ f- _ ----.... ~ , 1---"'" "'. P;\ rJiF'/ 1 ..r-1rh.......-'--I..:......r 1 PJvlB. D / EJ I HUIIT -ZOLlARS Huitt-Zollars, Inc. 430 Exchange, SUite 200, Irv'ne, CA 92602-1309 (714) '734-5100 11-5-;2=1 -- " " LEGEND. . (XXX) RECORD DA TA PER TR, NO. 5539, M.M, 204/49-50 SKETCH TO ACCOMPANY A LEGAL DESCRIPnON TEMPORARY CONSTRUCTION EASEMENT (AP. NO. 071-292-10) SOJ.E. 1"=40' OPJ.>tf{ BY MPD CHECXfIJ BY JLG O,TE: 11 5 '2001 .x:E NO. 70079608. G; \IOO79508\EX\EX079608KX?;;~