HomeMy WebLinkAboutMORRISETT FAMILY TRUST 2
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N-2005-036
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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
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y: Robert Allen Morrisette, Co-Trustee
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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~
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y: LIsa Storck
Assistant City Attorney
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PA TRICIA E. HEAlY
CLER!( OF r.'-'r: -:-OUNCIL
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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,
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JA.\IES L. G,<\RVIN, PLS 6343
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YR. NOJ I -553[)~.9-,,-
E'L Y UNE LOT I,
I TR. NO. SS39
I LOT 1
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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
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EXHIBIT "B"
Page 2 of2
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HUIIT -ZOLlARS
Huitt-Zollars, Inc.
430 Exchange, SUite 200, Irv'ne, CA 92602-1309
(714) '734-5100
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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.
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