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<br />t PNr1 <br />(/(. JiJr~ <br /> <br />o\S) <br />() <br />I <br /> <br />N-2005-034 <br /> <br />TEMPORARY CONSTRUCTION EASEMENT <br />"Grand Ave. Street Widening /Chestnut to McFadden" <br /> <br />For valuable consideration, the undersigned owner(s) hereby grants permission to the <br />City of Santa Ana, its officers, employees, agents, invitees, and employed contractors, <br />hereinafter collectively referred to as City, to enter upon, to pass and repass over and <br />along that portion of its land described and shown on the Exhibit attached hereto and by <br />reference made a part hereof, for the purpose of providing access and working area for <br />the construction of the street widening of Grand Avenue, between McFadden Avenue and <br />Chestnut A venue; to enter upon, to pass and repass over and along said land and to <br />deposit tools, implements, vehicles, construction equipment an other materials thereon by <br />said City and by persons under contract with it and their employees, whenever and <br />wherever necessary for the purposes set forth. <br /> <br />This permission is granted subject to the following conditions being fulfilled by City: <br /> <br />(A) Upon completion of street widening work, all surface improvements shall <br />be restored to the same general conditions as existed prior to the beginning <br />of said construction work. <br /> <br />(B) <br /> <br />City shall indemnify the undersigned against and hold the undersigned <br />harmless from any loss of or damage to any property, or injury or death of <br />any person whomsoever, proximately caused in whole or in part by <br />negligence of City or by any act or omission for which the City is liable in <br />the exercise ofthe rights herein granted. <br /> <br />I <br />Z <br /> <br />It is understood that the period of use of said easement shall exist for a period of no <br />more than 6 months and shall commence with the first entry on owner's property by <br />City's contractor. In the event said actual use extends beyond prescribed period of time <br />and said use is verified through the City's contractor log, the City shall pay the owner at <br />the rate of $160.00 per month prorated to the actual date said actual use terminates. This <br />easement shall become null and void and shall terminate upon completion of said <br />construction and in any event shall cease and terminate not later than December 31, <br />2005. <br /> <br />Dated: <br /> <br />A - <br />SL - /i./- Os. <br /> <br /> <br /> <br />. & J. Alpers Revocable Trust dated 8/1/89. <br /> <br />Joanee Alpers <br />Title: Co-Trustee <br /> <br />APPROVED AS TO FORM: <br /> <br />The City of Santa Ana, a charter city and <br />Municipal corporation duly organized and <br />existing under the constitution and laws of <br />The State of Cali fomi a <br /> <br />o. ~~~ ~~ <br />jq"v Joseph W. Fletcher <br />City Attorney <br /> <br /> <br /> <br />~ <br />~ <br />~~ <br />j Ii <br />so ( ~~ <br />~ (\J ~~ <br />C( ~ i~ <br />