CALIFORNIA, STATE OF - DEPARTMENT OF TRANSPORTATION (CALTRANS) - 2006

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A-2006-283 STATE OF CALIFORNIA• DEPARTMEM TRANSPORTATION Page 1 of 2 RIGHT OF WAY CONTRACT - STATE HIGHWAY RW 8-3 Rev.6/95 City of Santa Ana ,California 12 ORA 5 33.31 OR0011 Dist Co Rte Post Exp Auth i (Ark, ,30 ,2009 Grantor: City of Santa Ana Document No. 102349, in the form of a Permanent Highway Easement covering the property particularly described in the above instrument has been executed and delivered to Delia Sloss,Right of Way Agent for the State of California("Grantee"). In consideration of which,and the other considerations hereinafter set forth,it is mutually agreed as follows: 1. (A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location,grade or construction of the proposed public improvement. (B) Grantee requires said property described in Document No. 102349 for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor has offered to donate the Highway Easement mentioned hereinabove and Grantee is compelled to accept this interest in the property. 2. The State shall: (A) Accept delivery of property or interest conveyed by above document. (B)Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the State,the premium charged therefor. 3. It is agreed that the property conveyed by Document No. 102349 is being donated to the State by the undersigned Grantor. Grantor having initiated this donation has been informed of the right to compensation for the property donated and hereby waives such right to compensation. 4. In consideration of the State's waiving the defects and imperfections in the record title, as set forth in 2(a), the undersigned Grantor covenants and agrees to indemnify and hold the State of California harmless from any and all claims that other parties may make or assert on the title to the premises. The Grantor's obligation herein to indemnify the State shall not exceed the amount paid to the Grantor under this contract. 5. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract,the right of possession and use of the subject property by the State,including the right to remove and dispose of improvements,if any, commenced on September 19, 1985 date of as-built certification. It is understood by and between both parties that the State's project has been completed. 6. Escrow will be handled through an internal escrow with the Department of Transportation,3337 Michelson Drive, Suite 380,Irvine, CA 92612-8894.