|
When recorded, please mail this
<br />instrument and tax statements to:
<br />Clerk of the Council
<br />City of Santa Ana
<br />20 Civic Center Plaza, M-30
<br />Santa Ana, California 92701
<br />Free recording requested by
<br />TM CITY OF SANTA ANA PER
<br />GOVERME Nr CODE SECTION 6103.
<br />SPACE ABOVE TFBS LINE FORRECORDER'S USE
<br />CANCEL APPROVED AS APPROVED BY DESCRIPTION DESCRIPTION A.P. AN, MAP PROJECT
<br />TARES TO FORM BY DIRECTOR WRITTEN BY CHECKED -OK NUMBER 40B•334-17 NUMBER NUMBER
<br />ATTY.
<br />x
<br />1305 W. Camdea Place, Santa Ana, CA 92707 :IiIi
<br />NUNWER
<br />o ,,aJ3)Iteturn FULLY EXECUTED TEMPORARY CONSTRUCTION EASEMENT
<br />O.V,,,,),,,, 'Copy to City Clerk, M-3t3 A-2017-142-02
<br />APR 2 9 29A FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RICARDO PINONES
<br />and OFELIA P. PINONES., Trustees of the Pinones Family Trust, dated July 20, 2021 and any
<br />amendments thereto ("GRANTOR"), Does hereby Grant to the CITY OF SANTA ANA, a charter City
<br />and municipal; corporation duly organized under the Constitution and laws of the State of California,
<br />(the GRANTEE, hereinafter referred to as "the CITY"), its successors and assigns, the exclusive right,
<br />on a temporary basis, to enter and utilize certain real property in the City of Santa Ana, County of
<br />Orange, State of California, which is described on Exhibit "C" (legal description) and depicted on Exhibit
<br />"D" (plat to accompany legal description), which are attached hereto and made a part hereof (the
<br />"Property"), upon the terms set forth below.
<br />1. Purpose. This TEMPORARY CONSTRUCTION EASEMENT ("TCE") is for the purpose
<br />of constructing the Phase 4 of the Bristol Street Improvement Project between Warner Avenue and
<br />Saint Andrew Place ("PROJECT"), a public project, and gives the CITY, Its successors and assigns,
<br />the power to perform all activities necessary for the construction and completion of the Project, inclusive
<br />of ingress and egress, and necessary appurtenances thereto, on, over, and under GRANTOR's
<br />Property.
<br />2. Term. GRANTOR agrees that the term of the TCE shall be for a period of 18 months,
<br />and shall commence when the CITY issues a notice of commencement of construction to GRANTOR.
<br />Upon filing of the Notice of Completion of the PROJECT, the rights granted by this instrument shall
<br />automatically terminate and be of no further force and effect.
<br />3. Release. For valuable consideration, as set forth in the Purchase and Sale Agreement
<br />for Acquisition of Real Property and Bilateral Escrow Instructions signed concurrently herewith,
<br />GRANTOR, and its successors, transferees and assigns, and each of them, hereby forever release
<br />and fully discharge the CITY and each of its predecessors and successors, and all of their officers,
<br />directors, members, employees, agents, contractors, assignees, and representatives, from any and all
<br />claims, demands, damages, causes of action, costs, and expenses (including, without limitation,
<br />experts' and attorneys' fees), that GRANTOR now, or in the future may have, of whatsoever kind or
<br />nature, whether known or unknown, suspected or unsuspected, present or potential, foreseen or
<br />unforeseen, fixed or contingent, arising from or in any way connected with the construction or use of
<br />the PROJECT ("Claim"), Including, without limitation, any Claim suffered by reason of the theories of
<br />impairment of access, inverse condemnation, property damages, loss of income and/or goodwill, and
<br />relocation assistance pursuant to Federal and/or State law and implementing regulations or otherwise.
<br />GRANTOR understands and agrees that the release contained herein shall not be deemed or
<br />construed as an admission by the CITY of any liability of any kind to GRANTOR.
<br />
|