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N <br />T <br />O <br />03 RIGHT -OF -ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT <br />WITH <br />CJ THE JOHNS LIVING TRUST FOR <br />BAYVIEW HEIGHTS DRAINAGE PROJECT <br />This Right of Entry anA Temporary Construction Easement Agreement <br />("Agreement") is made this_47-ay of July, 2017 ("Effective Date"), by and between <br />the City of Newport Beach, a California municipal corporation and charter city, its <br />officers, employees, agents, invitees, contractors and subcontractors (collectively <br />referred to as "Grantee") and William Buck Johns and Elizabeth Colleen Johns, as Co - <br />Trustees of the Johns Living Trust established August 13, 2007 ("Grantor'), as the <br />owners of real property located at 2600 Mesa Drive, Newport Beach, California 92660, <br />Assessor's Parcel Number 439-051-05 ("Property"). <br />RECITALS <br />A. Grantee is a California municipal corporation duly organized and validly existing <br />under the laws of the State of California with the power to carry on its business <br />as it is now being conducted under the statutes of the State of California and the <br />Charter of City. <br />B. Pursuant to that certain Cooperative Agreement for Mesa Drive Drainage <br />Improvements Project dated April 21, 2015, Grantee desires to secure a right of <br />entry and temporary construction easement from Grantor for the purposes of <br />construction of the proposed Bayview Heights Drainage Project ("Project") by <br />Grantee in that portion of Property adjacent to the Project property owned by <br />Grantor, as shown on Exhibit "A" attached hereto and incorporated herein by <br />reference ("Temporary Easement Area") as further described herein. <br />C. Grantee also desires to secure permission from Grantor to allow Grantee to enter <br />upon, to pass and repass over, under, across, and along the Temporary <br />Easement Area for the purpose of providing access and working area for the <br />construction of the Project; to perform grading and related activities in, on, over, <br />and across the Temporary Easement Area for the purpose of re-establishing <br />natural grades and forestalling future erosion; to store, place and deposit <br />materials, tools, implements, vehicles, construction equipment and other <br />construction related items in the Temporary Easement Area for purposes related <br />to the Project; and to perform landscaping and related activities including, but not <br />limited to, the installation and removal of landscaping, in, on, over, and across <br />the Temporary Easement Area for the purpose of re-establishing natural grades <br />and forestalling future erosion, under the terms and conditions set forth in this <br />Agreement. <br />NOW, THEREFORE, it is mutually agreed by and between the undersigned <br />parties as follows: <br />