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HomeMy WebLinkAboutSMITH FAMILY TRUST f 'fl',. N-2005-037 TEMPORARY CONSTRUCTION EASEMENT "Grand Avenue Street Widening/Chestnut to McFadden" G~ (J'f1!(+ (J<.~ 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. 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. \ o:;r- 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 $330.00 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: :L - 2.1 - 0 '1- For: The Smith Family Trust dated April 10, 1991 ~ ~~&Jfcoc;! BY:~~ 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:(~~~ '~~ CUIfK OF TH' COUNCIL z,' BY:,c4.. ~-:;,;z / Lisa StorcK Assistant City Attorney \ .,.'.. .. j . . EXHIBIT "B" THE LAND REFERRED TO HERElN 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 LEG.A..L DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A.P. NO. 011-262-14 "." The Westerly 10.00 feet of the Easterly 17.00 feet of Lot 12 of Tract No. 3416, in the City of San~ Ana, County of Orange, State of California, as shown on the map filed in Book 119, Pages 14 and 15 of Miscellaneous Maps, in the office of the County Recorder of said County. Subject to covehants~ coriditions, reservations, restrictions, rights of way and easements, if any, of record. ~rYd~ JAMES L. GARVlN, PLS 6343 - . \ ' ,~ .-: . ... '. .. -------------+- ~€ WAKEHAM AVENUE (XXX) RECORD DATA' - - - - -,- - - - -t- "\ PER TR. NO, I 3416, M.M. 119//4-15 I t I LO i 11 I inACi I NO, 9418 I I 10.00' I r- _-N89'55;J'JJ"W N'LY UNf LOT 12, I TR. NO. J416 7' I 10' Ai/vl I 119 / 14 ~ 15 a a a a c:) c:i I a a Loi 10 " " I f"LY UNE LOT 12. TR. NO. J416 I I o 0 I TEMPORARY CONSTRUCTION <: <: EASEMENT I _____1- LEGEND, ...- c:J It] LO i 12 ~}tJ ..... ..... S'lS'l ... ... p p [S"LY UNE LOT 12, TR. NO. J416 10.00' ---. 7,0 ' _ N89'55'JJ"W HUITf -ZOLlARS Huttt-ZolIars, Inc. 430 Exchange, Suite 200, Irvine, CA 92602-1309 (714) 7:34-5100 SKETCH TO ACCOMPANY A LEGAL OESCRIPnON --=-- TEMPORARY CONSTRUCTION EASEMENT (A.P. NO. 0//-262-14) 1\-S~2.col G: \ 10079608 \EX\D<079608E2. 0 W:; / L~ I ~ I~ ~ a Q I~ ~ I (!) I I~ Cj Ii ~I I .30' - . . I I t ~ ..... S'l ... p I~ ~ SCIJ.E r=50' DfV,>'oN BY MPD OiECKED BY JLG DATE 11 '5 2001 jJiJ NO. 10079608