EXXONMOBILE OIL CORPORATION 3-2010

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OCT 2 2 2010 N-2010-103 C) - PYVA (Z-) AGREEMENT FOR ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT (TCE) THIS AGREEMENT, entered into this day of 2010, by and between the City of Santa Ana, a charter city and municipal ration duly organized under the Constitution and laws of the State of California (hereinafter "Buyer" or "City") and ExXOnmobile Oil Corporation (hereinafter "Seller"). WITNESSETH Seller agrees to sell to City under threat of condemnation, and City agrees to purchase TCE from Seller, all that certain real property located in the State of California, County of Orange, City of Santa Ana, (hereinafter "said real property") more particularly described in Exhibit "A-1" attached hereto, and depicted on Exhibit "A-2" and incorporated by, on the following terms and conditions. 1. Purchase Price. The full purchase price for easement on said real property shall be One Thousand-Fifteen Dollars and No/ 100 ($1,015.00). City shall pay said purchase price to, at least five days before close of escrow. 2. Method of Delivery. Seller has delivered to City, a fully executed Easement Deed, as shown in Exhibit "B", attached hereto and incorporated by reference. 3. Recordation. Completion and Distribution of Documents. City has recorded the Easement Deed with the Recorder's Office of Orange County and provided a recorded copy to Seller. City shall bear the cost of any recording fees, document preparation fees, escrow fees and any other closing costs incidental to the conveyance of said real property. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. 8ELL EXXONMOBIL OIL CORPORATION By: Its ? ?G- s SSe{- nt?- ?-? BUYER: Ci of Sa Ana, Public Works Agency By: (/ ??- ]David N. Ream, City Manager APPROVED AS TO FORM: Joseph W. Fletcher City Attorne ATTEST: By. Maria D. Huizar, Jo S ndoval, Clerk of the Council Ma ng Senior Assistant City Attorney