25D - RIGHT-OF-WAY OCTA AT-GRADE RAIL ENHANCEMENTS

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RECORDED AT REQUEST OF: WHEN RECORDED MAIL TO: Orange County Transportation Authority 550 S. Main Street P.O. Box 14184 Orange, CA 92863-1584 Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder 111111 111 111111111111111111 NO FEE 200900037328112:19pm 07114/09 111 200 E01 7 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE This is to certify that this documejds-ec. is a empt from recording fees per Gavt Co27383 and is exempt from Docuikent Tr sfer Tax per Rev. & Taxatio?Code 57 c. 119,21. I r r f } ? Unincorporated Area By: ® Incorporated, City of Santa Ana Orange County Transports on Authority Project/Parcel No: PM1117-152 Project: Fruit Street Complex TEMPORARY EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby aclmowledged, COUNTY OF ORANGE, a political subdivision of the State of California, ("GRANTOR"), does hereby GRANT to ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity ("OCTA"), a temporary construction easement for construction over and across the real property (Parcel PM1117-152) in the City of Santa Ana, County of Orange, State of California, together with the right to excavate, fill or regrade said parcel; to enter upon, to pass and repass over and along said parcel and to place and/or store tools, vehicles, storage containers, implements and other construction related equipment and materials thereon by OCTA, its officers, agents and employees, and by persons under contract with it and their employees, whenever and wherever necessary for the purposes above set forth. Said real property in the County of Orange, State of California is described as: (See Exhibit "A" for legal description and Exhibit "B" for depiction of Parcel PM117-152, attached hereto and made a part hereof.) The temporary construction easement herein granted shall be for a period of two (2) months from the commencement of construction and terminate at the end of the period or upon recordation of a Notice of Completion, whichever first occurs. GRANTOR shall be given written notice by OCTA, or designee, as to the date OCTA requires use of Parcel PM 117-152 for commencement of construction. Nothing in this Deed is intended nor shall anything in this Deed be construed to transfer to OCTA or its successors or assigns or to relieve GRANTOR or its successors or assigns or predecessors in title of any responsibility Dr liability GRANTOR or its successors or assigns or predecessors in title now has, has had or comes to have with respect to human health or the environment, including but not limited to responsibility or liability relating to hazardous or toxic substances or materials (as such terms as those used in this sentence are defined by statute, ordinance, case law, governmental regulation or other provision of the law). Furthermore, OCTA may exercise its rights under law to bring action, if necessary, to recover clean up costs and penalties paid, if any, from GRANTOR or any others who are ultimately determined by a court of competent jurisdiction and/or a Federal, state 25D-30