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<br />When recorded, please mail this <br />instrument and tax statements to: <br /> <br />Attachment 2 <br /> <br />Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza, M-36 <br />Santa Ana, California 92701 <br /> <br />Free recording requested by <br />THE CITY OF SANTA ANA PER GOVERNMENT COOE <br />SECTION 6103 <br /> <br />SPACE ABOVE THIS LINE FOR RECORDER'S USE <br /> <br />CANCEL AGENCY{IES) ApPROVED BY DESCRIPTION DESCRIPTION A.P. RfW MAp PROJECT <br />TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED-O.K. NUMBER NUMBER NUMBER <br /> 430-181-25 <br /> Portion of 2040 E Over Road, Santa Ana, California <br /> <br />TEMPORARY LANDSCAPE EASEMENT DEED <br /> <br />FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, <br /> <br />DRSS-I, LLC, a California limited liability company <br /> <br />Does Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and <br />laws of the State of California, easement for public right-of-way purposes for the right to plant, maintain, replace, or remove landscaping <br />in, upon, over and across that certain real property in the City of Santa Ana, County of Orange, State of California, located at 2040 E. <br />Oyer Road, Santa Ana" legally described as follows: <br /> <br />SEE ATTACHMENT 2, EXHBIT "A" and "B" - LEGAL, ATTACHED HERETO; AND BY THIS REFERENCE MADE A PART HEREOF: <br /> <br />This permission is granted subject to the follOWing conditions being fulfilled by City: <br /> <br />(A) <br /> <br />Improvements will be constructed in the areas as shown in Attachment 2, Exhibit B, attached hereto and made part hereof. <br />Landscape improvements will be constructed in the area that is shown in Attachment 2, Exhibit C. <br /> <br />(8) <br /> <br />During construction of driveway approaches, access to the business will be maintained at all times. In some cases, construction <br />of one~half of a driveway approach at a time may be required. In this case, the contractor shall provide a temporary asphalt <br />driveway to the business until a permanent concrete driveway is constructed. At no time, the contractor shall block access to the <br />business during construction. <br /> <br />(C) <br /> <br />City shall indemnify the undersigned against and hold the undersigned harmless of any loss of or damage to any property, or <br />injury or death of any person whomsoever, proximately caused in whole or in part by negligence of City or its contractors or by any <br />act or omission for which the City is liable in the exercise of the 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 12 months and shall commence with the <br />first entry of owner's property by City's contractor. Upon completion of street widening work, Easement Area shall be maintained in <br />compliance with City ordinances as applicable to this site. This easement shall terminate upon completion of said construction and in <br />any event shall cease and terminate not later than December 31.2011. <br /> <br />DRSS-I, LLC, a California limited liability company <br /> <br />By: <br />Its: <br /> <br />Date: <br /> <br />,2009 <br /> <br />STATE OF CALIFORNIA <br />COUNTY OF <br />On <br /> <br />)ss. <br /> <br />,2009, before me, <br /> <br />personally appeared <br /> <br />who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and <br />acknowledged to me that he/sheJthey executed the same in his/her/their authorized capacity(ies), and that by hislher/their signature(s) on the <br />instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. <br /> <br />I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. <br />Signature <br /> <br />SIGNATURE OF NOTARY PUBLIC <br /> <br />PLACE NOTARY SEAL ABOVE <br /> <br />Page 10 of 18 <br />