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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 /> THE CITY OF SANTA ANA PER SPACE ABOVE THIS LINE FOR RECORDER'S USE
<br /> GOVERNMENT CODE SECTION 6103.
<br /> CANCEL APPROVED AS APPROVED BY DESCRIPTION DESCRIPTION A.P. R/W MAP PROJECT
<br /> TAXES TO FORM BY DIRECTOR WRITTEN BY CHECKED-OK NUMBER 408-333-02 NUMBER NUMBER
<br /> ATTY.
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<br /> 1306 W.Carlton Place,Santa Ana,CA 92707
<br /> DEED NUMBER
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<br /> Return FULLY EXECUTED
<br /> Copy to City Clerk, M-30 TEMPORARY CONSTRUCTION EASEMENT A-2024-359-01
<br />(�so�w,b+&`�� FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BENJAMIN LOPEZ
<br /> JR., a married man as his sole and separate property ("GRANTOR"), Does hereby Grant to the CITY
<br /> OF SANTA ANA, a charter City and municipal; corporation duly organized under the Constitution and
<br /> laws of the State of California, (the GRANTEE, hereinafter referred to as "the CITY"), its successors
<br /> and assigns, the exclusive right, on a temporary basis, to enter and utilize certain real property in the
<br /> City of Santa Ana, County of Orange, State of California, which is described on Exhibit "A" (legal
<br /> description) and depicted on Exhibit "B" (plat to accompany legal description), which are attached
<br /> hereto and made a part hereof(the "Property"), upon the terms set forth below.
<br /> 1. Purpose. This TEMPORARY CONSTRUCTION EASEMENT ("ICE") 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.
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