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When recorded, please mail this
<br />instrument and tax statements to:
<br />Clerk of the Council
<br />City of Santa Ana
<br />20 Civic Center Plaza, M -30
<br />Santa Ana, California 92701
<br />Free recording requested by
<br />THE CITY OF SANTA ANA PER
<br />GOVERNMENT CODE SECTION 6103.
<br />SPACE ABOVE THIS LAVE FOR RECORDER'S USE
<br />CANCEL
<br />APPROVED AS TO
<br />APPROVED BY
<br />DESCRIPTION
<br />DESCRIPTION
<br />A. P.
<br />R/W MAP
<br />PROJECT
<br />TAXES
<br />FORM BY ATTY.
<br />DIRECTOR
<br />WRITTEN BY
<br />CHECKED -O. K.
<br />NUMBER 408- 332 -17
<br />NUty ®F.R
<br />N[JMBER
<br />X
<br />1305 W. Carlton Place, Santa Ana, CA 92707
<br />9 Q
<br />DEED NLAMER
<br />TEMPORARY CONSTRUCTION EASEMENT
<br />FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Thomas John
<br />Mascoli and Wendy Ann Mascoli, Trustees of the Mascoli Family Trust Dated 9 -12 -13 ( "GRANTOR "),
<br />Do hereby Grant to the CITY OF SANTA ANA, a charter City and municipal; corporation duly
<br />organized under the Constitution and laws of the State of California, (the GRANTEE, hereinafter
<br />referred to as "the CITY "), its successors and assigns, the exclusive right, on a temporary basis, to
<br />enter and utilize certain real property in the City of Santa Ana, County of Orange, State of California,
<br />which is described on Exhibit "A" (legal description) and depicted on Exhibit "B" (plat to accompany
<br />legal description), which are attached hereto and made a part hereof (the "Property "), upon the terms
<br />set forth below.
<br />1. Purpose. This TEMPORARY CONSTRUCTION EASEMENT ( "TCE ") is for the
<br />purpose of constructing the Phase 4 of the Bristol Street Improvement Project between Warner
<br />Avenue and Saint Andrew Place ( "PROJECT "), a public project, and gives the CITY, its successors
<br />and assigns, the power to perform all activities necessary for the construction and completion of the
<br />Project, inclusive of ingress and egress, and necessary appurtenances thereto, on, over, and under
<br />GRANTOR's Property.
<br />2. Term. GRANTOR agrees that the term of the TCE shall be for a period of eighteen
<br />(18) months, and shall commence when the CITY issues a notice of commencement of construction
<br />to GRANTOR. Upon filing of the Notice of Completion of the PROJECT, the rights granted by this
<br />instrument shall automatically terminate and be of no further force and effect.
<br />3. Release. For valuable consideration, as set forth in the Purchase and Sale
<br />Agreement for Acquisition of Real Property and Bilateral Escrow Instructions signed concurrently
<br />herewith, GRANTOR, and its successors, transferees and assigns, and each of them, hereby forever
<br />release and fully discharge the CITY and each of its predecessors and successors, and all of their
<br />officers, directors, members, employees, agents, contractors, assignees, and representatives, from
<br />any and all claims, demands, damages, causes of action, costs, and expenses (including, without
<br />limitation, experts' and attorneys' fees), that GRANTOR now, or in the future may have, of
<br />whatsoever kind or nature, whether known or unknown, suspected or unsuspected, present or
<br />potential, foreseen or unforeseen, fixed or contingent, arising from or in any way connected with the
<br />construction or use of the PROJECT ( "Claim "), including, without limitation, any Claim suffered by
<br />reason of the theories of impairment of access, inverse condemnation, property damages, loss of
<br />income and /or goodwill, and relocation assistance pursuant to Federal and /or State law and
<br />
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