PRESTON, GREGORY - Laserfiche WebLink

Home Browse Search

A-2016-383 SETTLEMENT AGREEMENT ANIS RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made _, and entered into by and between GREGORY PRESTON, as Trustee of the Letitia Preston Uj rE Lk) ` Testamentary Trust, dated November 17, 1983, and as Trustee of the Richard E. Preston and C?, Donarae Preston Family Trust, dated May 10, 1985 (hereinafter "Plaintiff'), and CITY OF � �' SANTA ANA hereafter "Defendant" or "City"). LU WITNESSETH: WHEREAS, Plaintiff filed an action against the CITY OF SANTA ANA in the Superior ' ? ` Court of the State of California, County of Orange, Central Justice Center District known as r GREGORY PRESTON v. CITY OF SANTA ANA Case No. 30-2016-00868204-CU-OR-CJC (the "Action"). WHERAS, the Action pertains to a Strip of Land on which Plaintiff's building sits. The building is located at 302 East First Street, Santa Ana, California. The building protrudes over the property line approximately 1.20'-1.28' onto the right of way owned by the City (hereafter "Strip of Land"). WHEREAS, the Parties desire to settle fully and finally all differences between them, including, but in no way limited to, those differences described above. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, and to avoid unnecessary litigation, it is hereby agreed by and between the parties as follows: First: This Agreement and compliance with this Agreement shall not be construed as an admission by Defendant and of any liability whatsoever, or as an admission by Defendant of any violation of the rights of Plaintiff or any person, violation of any order, law, statute, duty, or contract whatsoever against Plaintiff or any person. Defendant specifically disclaims any liability to Plaintiff or any other person for any alleged violation of the rights of Plaintiff or any person, or for any alleged violation of any order, law, statute, duty, or contract on the part of any employees, agents of Defendant. Likewise, this Agreement and compliance with this Agreement shall not be construed as an admission by Plaintiff of any liability, misconduct, or wrongdoing whatsoever. Second: (a) The City will grant the Strip of Land at issue in the Action to the Plaintiff; (b) Plaintiff shall have a survey conducted in order to prepare a legal description for the Strip of Land to be granted by Grant Deed from the City to the Plaintiff. The form of the Grant Deed is attached hereto as Exhibit A; Page 1 of 4