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OCT 2 2 2010 N-2010-103 <br />C) - PYVA (Z-) <br />AGREEMENT FOR ACQUISITION OF <br />A TEMPORARY CONSTRUCTION EASEMENT (TCE) <br />THIS AGREEMENT, entered into this day of 2010, by and between the City <br />of Santa Ana, a charter city and municipal ration duly organized under the <br />Constitution and laws of the State of California (hereinafter "Buyer" or "City") and <br />ExXOnmobile Oil Corporation (hereinafter "Seller"). <br />WITNESSETH <br />Seller agrees to sell to City under threat of condemnation, and City agrees to <br />purchase TCE from Seller, all that certain real property located in the State of <br />California, County of Orange, City of Santa Ana, (hereinafter "said real property") more <br />particularly described in Exhibit "A-1" attached hereto, and depicted on Exhibit "A-2" <br />and incorporated by, on the following terms and conditions. <br />1. Purchase Price. The full purchase price for easement on said real property <br />shall be One Thousand-Fifteen Dollars and No/ 100 ($1,015.00). City shall pay said <br />purchase price to, at least five days before close of escrow. <br />2. Method of Delivery. Seller has delivered to City, a fully executed Easement <br />Deed, as shown in Exhibit "B", attached hereto and incorporated by reference. <br />3. Recordation. Completion and Distribution of Documents. City has recorded the <br />Easement Deed with the Recorder's Office of Orange County and provided a recorded <br />copy to Seller. City shall bear the cost of any recording fees, document preparation fees, <br />escrow fees and any other closing costs incidental to the conveyance of said real property. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date <br />set forth above. <br />8ELL EXXONMOBIL OIL CORPORATION <br />By: <br />Its ? ?G- s SSe{- nt?- ?-? <br />BUYER: Ci of Sa Ana, Public Works Agency <br />By: (/ ??- <br />]David N. Ream, <br />City Manager APPROVED AS TO FORM: <br />Joseph W. Fletcher <br />City Attorne <br />ATTEST: <br />By. <br />Maria D. Huizar, Jo S ndoval, <br />Clerk of the Council Ma ng Senior Assistant City Attorney