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A- 2009 - 214 -02 <br />ReN This Document was electronically recorded by <br />�iISC ACCiBCtCif33 Stilt; GOiCi'�3�11� <br />DPS Norwalk C <br />Recorded in Official Records, Orange County <br />RECORDING REQUESTED BY Tom Daly, Clerk- Recorder <br />a s AND WHEN RECORDED MAIL TO: FEE <br />Clerk of the Council 2012000162987 04:30pm 03/21/12 <br />A City of Santa Ana 48 404 A1213 <br />0 20 Civic Center Plaza M -31 0.00 0.00 0.00 0.00 36.00 0.00 0.00 0.00 <br />P.O. Box 1988 <br />s Santa Ana, California 92702 <br />ab <br />3 7 7% tIZCf— z i FREE RE CORDINGREQUESTED <br />PER GOVERNMENT CODE § 6103 <br />LANDSCAPE AND MAINTENANCE EASEMENT AGREEMENT <br />Entered this 14`i' day of March, VISTA DEL RIO HOUSING PARTNERS, LP, a <br />California Limited Partnership (referred to herein as "Developer ", or "Grantor ") does <br />hereby grant to the City of Santa Ana, a charter City and municipal corporation, and its <br />employees, agents, and representatives (referred to herein as -"City"), an easement on the <br />Developer -owned Property located at 1600 W. Memory Lane, in the City of Santa Ana, <br />County of Orange, (referred to herein as "the Property" as shown in the attached legal <br />description attached hereto as Exhibit C) for the purposes as specified herein. <br />1. RECITALS.: <br />a. City desires to acquire certain access rights to the Property for landscaping <br />and maintenance purposes. <br />b. Grantor warrants to City that Grantor has marketable fee simple title to the <br />Property, subject to no encumbrances which will interfere with City's use of the easement <br />for the purpose stated herein. <br />C. City shall defend, indemnify, and hold harmless the Grantor from and <br />against all claims, losses, liabilities and expenses incurred by Grantor as a result of City's <br />sole negligence or omission in its performance of this Landscape and Maintenance <br />Easement Agreement (the "Agreerent "). <br />d. This easement shall run with, inure to the benefit of, and be binding on the <br />Property. This easement shall be binding on and inure to the benefit of Grantor, City, <br />each heir, executor, administrator, successor and assign, and each person having any <br />interest therein derived through any owner thereof. <br />e. This easement is executed pursuant to the Disposition and Development <br />.Agreement dated July 20, 2009, as amended, and all related documents including but not <br />limited to Amendments, Grant Deeds, Deeds of Trust, Loan Documents, and <br />Affordability Covenants, in which the parties agreed that a portion of the Property would <br />be used for park purposes, and Grantor has agreed to execute an easement over an <br />