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RECORDING REQUESTED BY <br />AND WHEN RECORDED MAIL TO <br />Southern California Regional Rail Authority <br />Attn: Francisco Oaxaca <br />700 South Flower Street, 26th Floor <br />Los Angeles, CA 90017 <br />Fee Exempt Recording (Government Code §6103) <br />EASEMENT AGREEMENT <br />RECITALS <br />A <br />This Agreement is entered into on , 2004, by and between <br />City of Santa Ana, a municipal corporation of the State of California (hereinafter referred <br />to as "GRANTOR "), and the Southern California Regional Rail Authority, a body <br />corporate and politic (hereinafter referred to as "GRANTEE "). <br />A. GRANTOR is the owner of certain real property located adjacent to the <br />westerly side of the Orange County Transportation Authority Operational Railroad Right - <br />of -Way on Lincoln Avenue, between Fairhaven Avenue and Seventeenth Street, in the <br />City of Santa Ana, County of Orange, State of California, as is hereinafter described as <br />the Subject Property. The Subject Property is more particularly described and depicted <br />in Exhibits °B -1" and "B -2" attached hereto and made a part hereof. <br />B. GRANTEE plans to acquire property rights and construct improvements <br />for the operation of a second main track immediately adjacent to and west of the <br />existing single railroad track from approximately La Veta Avenue in the City of Orange <br />and south to Seventeenth Street in the City of Santa Ana. Construction would include <br />1.8 miles of second main track, a second railroad bridge over Santiago Creek, <br />construction of a barrier along the east side of Lincoln Avenue and any necessary utility <br />relocations (hereafter referred to as the "PROJECT "). <br />C. GRANTOR and GRANTEE have entered into that certain unrecorded <br />Settlement Agreement dated January 6, 2003, which in part requires GRANTOR to <br />transfer an easement over certain real property to GRANTEE for the PROJECT. <br />NOW, THEREFORE, GRANTOR AND GRANTEE AGREE AS FOLLOWS: <br />1. The GRANTOR hereby grants to the GRANTEE an easement and right of <br />way to establish, construct, reconstruct, operate, maintain and use railroad trackage <br />and related or incidental uses (hereinafter collectively referred to as "railroad "), through, <br />on and along that certain real property (hereinafter referred to as "Easement Area ") <br />described and depicted in Exhibits "B -1" and "B -2" attached hereto and made a part <br />-1- <br />Agreement B <br />