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<br />. <br /> <br />N-2005-036 <br /> <br />0' f'1l!;4. <br />(j(',JD~ <br /> <br />TEMPORARY CONSTRUCTION EASEMENT <br />"Grand Avenue Street Widening/Chestnut to McFadden" <br /> <br />For valuable consideration, the undersigned owner(s) hereby grants permission to the City of Santa Ana, its <br />officers, employees, agents, invitees, and employed contractors, hereinafter collectively referred to as City, to <br />enter upon, to pass and repass over and along that portion of its land described and shown on the Exhibit <br />attached hereto and by 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 Chestnut Avenue; to <br />enter upon, to pass and repass over and along said land and to deposit tools, implements, vehicles, construction <br />equipment an other materials thereon by said City and by persons under contract with it and their employees, <br />whenever and wherever necessary for the purposes set forth. It is further understood that the Citv will not <br />occupv or encroach onto anv of the undersigned owner(s) parking spaces located at or near the intersection of <br />Hunter Avenue and Grand Avenue. <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 be restored to the same <br />general conditions as existed prior to the beginning of said construction work. <br /> <br />(B) City shall indemnify the undersigned against and hold the undersigned harmless from any loss of <br />or damage to any property, or injury or death of any person whomsoever, proximately caused in <br />whole or in part by 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 />It is understood that the period of use of said easement shall exist for a period of no more than 6 months and <br />shall commence with the first entry on owner's property by City's contractor. In the event said actual use <br />extends beyond prescribed period of time and said use is verified through the City's contractor log, the City <br />shall pay the owner at the rate of $160.00 per month prorated to the actual date said actual use terminates. This <br />easement shall become null and void and shall terminate upon completion of said construction and in any event <br />shall cease and terminate not later than December 31, 2005. <br /> <br />Dated: <br /> <br />For: The Morrisette Family Trust dated June 24, 1998 <br /> <br />@4/A$~ <br /> <br />y: Robert Allen Morrisette, Co-Trustee <br /> <br />Id:=-- ~~ Vvf~-~ <br /> <br />By: Patricia Biggs Morrisette, Co-Trustee <br /> <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher <br />City Attorney <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 ofcali~ <br /> <br />B~ ~ <br /> <br />~m-~ <br />y: LIsa Storck <br />Assistant City Attorney <br /> <br />. . '" <br />D <br />, <br /> <br />, <br />4" <br /> <br />ATTESTJ / / _ <br />~~~ <br />PA TRICIA E. HEAlY <br />CLER!( OF r.'-'r: -:-OUNCIL <br />