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HomeMy WebLinkAboutERICKSON PROPERTIES CORP 2N-2003-149 TEMPORARY CONSTRUCTION EASEMENT For valuable consideration, the undersigned owners hereby grants permission to the City of Santa Ana, its officers, employees, agents, invitees, and employed contractors, hereinafter collectively referred to as City, to enter upon, to pass and repass over and along that portion of its land described and shown on the Exhibit "A" attached hereto and by reference made a part hereof, for the purpose of providing access and working area for the construction of the street widening of Edinger Avenue; to enter upon, to pass and repass over and along said land and to deposit tools, implements, vehicles, construction equipment and other materials thereon by said City and by persons under contract with it and their employees, whenever and whercver necessary for the purposes set forth. This permission is granted subject to the following conditions being fulfilled by City: (A) Upon completion of street widening work. All surface improvements shall be restored to the same general conditions as existed prior to the beginning of said construction work. (B) City shall indemnify the undersigned against and hold the undersigned harmless from any loss of or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of City or by any act or omission for which the City is liable in the exercise of the rights herein granted. it is understood that the period of use of said easement shall exist for a period of no more than 6 months and shall commence with the first entry on owner's property by City's contractor. In the event said actual use extends beyond prescribed period of time and said use is verified through the City's contractor logs. The City shall pay the owner at the rate of $154.00 per month prorated to the actual date said actual use terminates. This easement shall become null and void and shall terminate upon completion of said construction and in any event shall cease and terminate not later than April 1, 2006 Dated: Owner: By: Title:: .~E~ckson P.r~pertj~s Corporation APPROVED AS TO FORM: Joseph W. Fletcher City Attorney The City of Santa Ana a charter city and municipal corporation duly organized and existing under the constitution and laws of the St~a!e _of California ~.~ "'PAT VCtA / ) Exhibit "A" Legal Description for Temporary Construction Easement Edinger Avenue (Erickson Properties Corp.) That certain parcel of land situated in the City of Santa Ana, County of Orange, State of California, being those portions of Parce}s I and 2 as shown on a map flied in Book 41, Page 29 of Parcel Maps in the Office of the County Recorder of said County, described as follows: Commencing at the southeast corner of said Parcel 2; thence North 19° 23' 45" East, 1.569 meters along the east line of said Parcel 2 to the beginning of a non-tangent curve concave southerly having a radius of 312.600 meters, a radial line to said point bears North 14° 51' 52" East, said point also being the true point of beginning; thence westerly 81.861 meters along said curve through a central angle of 15° 00' 15" to a point on the south line of said Parcel 2, said point being the beginning of a non-tangent curve concave southerly having a radius of 320.041 meters, a radial line to said point bears North 01° 08' 43" East; thence westerly 7.103 meters along said curve through a central angle of 01° 16' 18", said curve being coincident with the south lines of said Parcels 1 and 2; thence continuing along the south line of said parcel 1, South 89° 52' 25" West 18.440 meters to the west line of Parcel 1 as described in the Quitclaim Deed to Mohammed Hussain Johar recorded November 5, 1997, as Instrument Number 19970562631 of Official Records of said County; thence North 01~ 19' 25" East 3.000 meters along said west line; thence North 89° 52' 25" East, 18.364 meters to the beginning of a curve concave southerly having a radius of 323.041 meters; thence eastedy 7.136 meters along said curve through a central angle of 01° 15' 57" to the beginning of a non-tangent curve concave southerly having a radius of 315.600 meters, a radial line to said point bears North 0° 08' 01" West; thence easterly 27.649 meters along said curve through a central angle of 05° 01' 10"; thence South 04° 53' 09" West, 2.000 meters to the beginning of a non-tangent curve concave southerly having a radius of 313.600 meters, a radial line to said point bears North 04° 53' 09" East; thence easterly 54.696 meters along said curve through a central angle of 09° 59' 35" to the east line of said Parcel 2; thence South 19° 23' 45" West, 1.003 meters to the true point of beginning. Containing an area of 214, square meters, more or less. All as shown on Exhibit "B" attached hereto and made a part thereof. ider the supervision of: · / //DATE 9/30/03 15.240m NO'OT'$5'W NI'OS'43'E (RAO R.320.O41m NOO'OS'25'W (RAD