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RECORDING REQUESTED BY: N-2003-048 WHEN RECORDED, MAIL TO: GRANT OF EASEMENT AND AGREEMENT FOR MAINTENANCE OF LANDSCAPING WITHIN PUBLIC RIGHT OF WAY AND PUBLIC ACCESS OVER SIDEWALKS WITHIN DESIGNATED PORTIONS OF DECLARANT'S PROPERTY THIS GRANT OF EASEMENT AND AGREEMENT FOR MAINTENANCE OF LANDSCAPING WITHIN PUBLIC RIGHT OF WAY AND PUBLIC ACCESS OVER SIDEWALKS WITHIN DESIGNATED PORTIONS OF DECLARANT'S PROPERTY ("Agreement"), is made by and between the CITY OF SANTA ANA ("City") and ARMSTRONG RANCH LLC, a Delaware limited liability company ("Declarant"). City and Declarant are collectively referred to herein as the "Parties." RECITALS: A. Declarant is the owner of that certain mai property ("Declarant's Property") located in the City of Santa Ana, County of Orange, State of California, described as follows: Tract No. 16311, as shown on a Subdivision Map, Recorded on ,200 , in Book __, Pages to __., inclusive, of Miscellaneous Maps, in the Office of the Orange County Recorder. B. As a condition to the development of Declarant's Property by Declarant, the City desires that Declarant install certain landscaping, sidewalks and other associated improvements ("Landscape Improvements") on the portions of City's property shown on Exhibit B attached hereto ("Landscape Easement Area"). C. The Declarant and the City desire to provide for maintenance of the Landscape Improvements by the Decla~rant. D. The Declarant and the City further desire to establish and create certain non- exclusive easements for access, ingress and egress in favor of the City to provide public access over the sidewalks located within the portion of Declarant's Property shown on Exhibit A ("Access Easement Area"). - 1 - ALR350X30265XOOO~AGRMT~485800.3 05/01/03