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1 <br />2 <br />31 <br />I <br />4 <br />5 <br />6 <br />7 <br />8 <br />9� <br />10i <br />1, 1 <br />�I <br />12 <br />{ <br />13� <br />i4 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />EASEMENT DEED AqD AGREEMENT <br />This Easement need and Agreement is made this day of <br />19 , by and between COUNTY OF ORANGE, hereinafter referrea to as <br />"GRANTOR", and CITY OF SANTA ANA, hereinafter referred to as "GRANTEE". <br />For a valuable consideration, receipt of which is hereby acknowledged, <br />GRANTOR hereby grants to GRANTEE, its successors and assigns, an easement <br />and right of way to use, maintain, repair, and inspect an underground <br />water pipeline and incidental facilities in, on, under, and through that <br />certain real property (hereinafter referred to as "Easement Area") <br />described in "Exhibit A", attached hereto and made a part hereof. <br />It is understood and agreed by the parties hereto and their successors <br />and assigns, that said easement and right of way herein granted 'shall <br />be subject to the following terms and conditions: <br />I. CONSTRUCTION AND MAINTENANCE, (E 2.1 N) <br />GRANTEE agrees that, at no time, shall any improvements be constructed <br />within the Easement Area, other than those improvements for which this <br />Easement is granted, without the prior written approval of GRANTOR'S <br />Director of the General Services Agency (hereinafter referred to as <br />"Director"). <br />Should it be necessary for GRANTEE to disturb the surface of the Easement <br />Area for repair and/or maintenance of the facilities subsequent to the <br />completion of the initial installation of necessary facilities, GRANTEE <br />agrees to notify Director in advance of the location and extent of such <br />work, and to obtain Director's consent prior to commencement thereof. <br />Said consent shall not be withheld capriciously or unreasonably, nor <br />shall said consent be necessary in an emergency situation. <br />GRANTEE, and its respective contractors, agents, and employees, shall <br />have the right to cut such roots as may endanger or interfere with <br />said underground facilities and shall have free (reasonable) access <br />to the Easement Area and every part thereof, at all times, for the <br />purpose of exercising the rights herein granted; provided, however, <br />that any excavation shall be made in such a manner as will cause <br />the least injury to the surface of the ground around such excavation, <br />and that the earth so removed shall be replaced and the surface of <br />the ground restored to as near the same condition as it was prior <br />to such excavation as is possible. <br />II. RELOCATION (E 4.1 N) <br />GRANTEE, by acceptance of this Pipeline Easement, agrees that if said <br />facility placed hereunder shall at any time interfere with the use, <br />repair, improvement, or change of GRANTOR'S Youth Guidance Center, <br />GRANTEE shall within sixty (60) days after receipt of written notice <br />from Director, either remove said facilities or, subject to approval of <br />Director, relocate them to a site designated by Director. Said removal <br />or relocation shall be made at GRANTOR'S sole expense. <br />III. HOLD HARMLESS (E 5.1 S) <br />GRANTEE shall indemnify and save harmless GRANTOR, its officers, <br />62A-1-8,9 <br />11.035 <br />EXHIBIT C <br />