|
Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or
<br />maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real
<br />property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or
<br />interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of
<br />exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee
<br />shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall
<br />replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such
<br />excavation as is practicable.
<br />To the extent that Grantee, in the exercise of its discretion, determines that this easement is no longer needed, then upon
<br />written request, Grantee shall execute a quitclaim deed on a mutually acceptable form at no cost to Grantor.
<br />Grantee shall indemnify, defend and hold harmless Grantor, its officers, agents, employees and volunteers from and
<br />against any and all loss or damage, expenses, injuries, death to any person or damage to property, including property and
<br />employees, volunteers, officers or agents of Grantor or Grantee, and shall indemnify, defend and hold harmless Grantor, its
<br />officers, agents, employees and volunteers from all claims, demands, suits, actions or proceedings of any kind, and all costs and
<br />expenses, including but not limited to reasonable attorneys' fees, settlements or judgment, arising out of the construction,
<br />reconstruction, maintenance, presence, operation, use, removal or state of repair, of the systems in the easement area. Such
<br />indemnity shall not apply as to the extent of Grantor's negligence or willful misconduct.
<br />EXECUTED this day of 20
<br />GRANTOR
<br />CITY OF SANTA ANA, a charter City and municipal
<br />corporation duly organized under the Constitution and
<br />laws of the State of California
<br />Signature
<br />Print name
<br />Title
<br />A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document
<br />to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
<br />State of California
<br />County of
<br />On
<br />before me,
<br />a Notary Public, personally appeared
<br />, who proved to me on the basis of
<br />satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
<br />he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
<br />person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
<br />I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
<br />WITNESS my hand and official seal.
<br />Signature (Seal)
<br />Page 2 of 4 DSE801897662
<br />TD1595798
<br />
|