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HomeMy WebLinkAbout821228_200NMain_Easement.pdfSent By: The Los Angeles Conservancy; 21 36233909; Aug-14-08 4:16PM; Page 3/34 RECORDING REQUESTED BY : Anglea & Burford AND WHEN RECORDED, RETURN TO: *--- - ('Y"j ' A- h c h CRYIII~ fiemrdWr Anglea 6 Burford 35 S. Raymond A v e . , 4th Floor Pasadena, CA 91105 Attn: Nina R . Chomsky CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is made thla Jd( day of d . ~ u . x w b r r , 1982, between A To Z INVESTORS NO. 2 , A CALIFORNIA LIMITED PARTNERSHIP, ("Grantor"), and the LOS ANGELES CONSERVANCY, a California nonprofit corporation, ("Grantee"). WHEREAS, Grantor is the record owner of the Building p o r t i o n (the "Building") of the real property commonly known as 200 N - Main, Santa Ana, California, which Building is legally described in Exhibit A attached hereto and incorporated herein; and WHEREAS, the facade of the Building as it exists on the date hereof is one of architectural significance containing features depicted and described i n greater detail in Exhibit B attached hereto and incorporated herein, and, the Building has been placed on the National Register of Historic Places maintained by the Department of t h e Interior; and WHEREAS, Grantee is a nonprofit corporation authorized and qualified to accept char itable gifts of easements for the purpose of preserving buildings, structures or sites of historical, architectural or cultural significance; and WHEREAS, Grantor desires to grant to Grantee, and Grantee desires to accept, a conservation easement in and to the facade of t h e Building; - sent B Y : The LOS Angeles Conservancy; 21 36233909; Aug-14-08 4:16PM; Page 2/34 IT IS, THEREFORE, AGREED: 1. Grant of Easement. In consideration of Ten Dollars ($10.00) and the mutual covenants and restrictions hereinafter set forth and other good and valuable consideration, receipt of which is hereby acknowledged, Grantor hereby irrevocably grants and conveys to Grantee a conservation easement I n perpetuity in and to the facade of the Building. 2. Purpose of Easement. The exclusive purpose of the conservation easement granted in Paragraph I. above is to preserve the facade of the Building- 3 . Duration of Easement. This Conservation Easement s h a l l be effective i n perpetuity. 4. Grantor's Covenants. In furtherance of t h e conservation easement herein granted, Grantor covenants: (a) Demolition. Grantor shall not demolish, remove or raze the Building and/or the Building's Eacade without first obtaining the written permission of Grantee executed by a duly authorized officer, which written permission or refusal to grant such permission, including a statement of reasons for refusal., shall be delivered to Grantor by Grantee within fourteen (14) days of receipt of Grantor's written request for such approval. (b) Alteration. (11 Exhibit B attached hereto, in addition to depicting and describing the facade of the Building as it exists on the date hereof, sets forth certain alterations, additions and changes to the facade which Grantor proposes to effect as soon as practicable. Grantee hereby approves all such alterations, additions and changes to t h e facade as set forth in Exhibit B attached hereto; provided that, Grantor and Grantee acknowledge and agree that any further alterations, additions and/or changes to the facade shall only be effected in accordance with the provisions of Subparagraph 4 (b) (2) below. (2) Grantor shall not without first obtaining the written permission of Grantee (which written permission shall be given as provided in Subparagraph 4(a) above and shall not be unreasonably withheld): (i) Partially demolish or partially remove the Building and/or the Building's facade; Sent By: The Los Angeles Conservancy; 2 1 36233909 ; Aug-14-08 4:16PM; Page 4 / 3 4 ( i i ) Except as permitted by the provisions of Subparagraph 4 ( b ) (1) above, mate any change in the facade of the Building as i t e x i s t s on t h e date hereof, including any alteration, partial removal, construction, remodeling or physical or struct~ral change, or change in color or surfacing with respect to the appearance or construction of the facade; ( i i i ) Exccpt: as permitted by the provi- sions of Subparagraph 4 (b) (1) above, make any additions to the facade, including fences or gates (except tences and/or gates which are required, in Grantor's discretion, for the security of t h e Building) or awnings; and/or ( i v ) Expand t h e Building either horizontally or vertically. (c) Maintenance. Grantor at its cost shall perform appropriate maintenance on the facade to preserve its appearance and structural soundness as both e x i s t on t h e date hereof and as more particularly depicted and described i n E x h i b i t B attached hereto. (d) Windows and Signs. From time to time, Grantor shall agree in writing with Grantee on a window and siqn programfor the facade, and Grantor shall not add to or affix to the facade and/or windows of the Building any sign or window treatment which is not in compliance with said window and sign program. ( e ) Specification of Materials and Methods. Grantee in providins i t s written authorizations for work may specify all-matet iais, methods, cleaning substances and colors to be used i n any 6uch w o r k . ( £ 1 Casualty Damaqe. Irl the event of casualty damage to the Building's facade, no repairs or reconstruction of any type, other than temporsry emergency work to prevent further damage to the facade and to protect public safety shall be undertaken by Grantor without the prior written approval of the work by Grantee (which written approval shall be given as provided in Subparagraph 4(a) above and shall not be unreasonably withheld). q Inspection. Representatives of Grantee shall be permitted to inspect the facade of the Building at reasonable times upon reasonable notice f o r the purpose of determining conformance to this Conservation Easement. Sent BY: The Los AngeLes Conservancy; 2136233909; Aug.14-08 4:17PM; Page 5/34 ( h ) Delivery to Condominium Purchasers. Grantor shall deliver a copy of this Conservation Easement to each purchaser of any condominium within the Building, should the Building ever be converted to condominium ownership. ( i ) Insurance. Grantor s h a l l maintain in force standard Eire and liability insurance policies with respcct to the Building. The liability insurance policy shall provide coverage in the amount of at least $1,000,000.00. Upon written request therefor by Grantee, Grantor shall promptly deliver to Grankee certificates of the insurer (s) evidencing both fire and liability insurance. (j) Heal Property Taxes. Grantor shall indemnify and hold Grantee, including Grantee's officers, agents, and employees, harmless from any and all liability, costs, attorney's fees, judgments or expenses arising out of all real property taxes and gencral and special assessments assessed and levied against the Building and/or the real property. (k) Indemnity By Grantor Against Claims By Third Parties. Grantor shall indemnify and hold Grantee, including Grantee's officers, agents, and employees, harmless from any - - and all liability, costs, attorney's fees, judgments OK expenses resulting from a c t i o n s or claims of any nature by t h i r d parties arising from d e f a u l t s under this Conservation Easement by Grantor, or arising o u t of the conveyance of, possession of or exercise of ~ights under this Conservation Easement, excepting any such rnatters arising solely from the negligence of Grantee. 5. Grantee's Covenants. Grantee coveoants that periodically, at reasonable irltervals, i t shall inspect the - facade of the Building. 6 - Condemnation. (a) For purposes of this Paragraph 6, '"condemnationw means (1) the exercise of any governmental power, whether by legal proceedings or otherwise, by a condemnor and (2) a voluntary sale or transfer by Grantor to any condemnor, either under threat of condemnation or while legal proceedings for condemnation are pending. ( b ) In the event of condemnation of a portion of or all of the real property, Grantor and Grantee agree that the condemnation award shall belong to and be paid to Grantor, except that, after payment in f u l l of a l l amounts due any institutional lenders, including b u t not limited to, Banks and Savings and Loans, Grantee shall receive from the award a sum Sent By: The Los Angeles Conservancy; 21 36233909; Aug-14-00 4:17PM; Page 6 / 3 4 attributable to the damages caused to Grantee by the condemnation. 7. Statutory Authority- This instrument is made pursuant to California Civil Code SS 815-816, inclusive, Conservation Easements, but the invalidity of such Act or any part thereof shall not affect the validity and enforceability of this instrument according to its terms, it being the intent of the parties that this instrument constitutes an equitable servitude, an easement in gross, and/or a restrictive covenant, 8. Remedies of Grantee. I n the event of a violation by Grantor of any pxovision of this Conservation Easement, Grantee, in addition to any remedies now or hereafter provided by law or in equity, s h a l l have all the remedies provided for in California Civil Code S 815-7, as it may be amended from time to time, or any succes~or s t a t u t e . In the event Grantox is adjudicated to have violated any of Grantor's obligations herein, Grantor shall reimburse Grantee for any costs or expenses irlcuxred in connection with the enforcement of its tights, including court costs and attorney's fees. The exercise by Grantee of one remedy s h a l l not have the effect of waiving any other remedy and the failure to exercise any remedy shall not have the e f f e c t of waiving the use of such remedy at any other time. 9. Notices. Any notice called for herein shall be in writing and shall be mailed postage prepaid by registered or cextified mail and return receipt requested, or hand delivered and receipted. I t to Grantor, then at 35 S. Raymond Avenue, 4th Floor, Pasadena, California 91105, and i f to Grantee, then at 849 South Broadway, Ste. 1225, Los Angeles, California 90014, Each party may change its address set forth herein by a notice to s u c h effect to the other party. The failure to serve a change of address notice shall not waive the notice requirement. 10. Compllapce with Applicable Ordinances. Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any ordinance relating to building materials, construction methods ox use. Is the event of any conflict between any such ordinance and the terms hereof, the ordinance s h a l l prevail and the Grantor promptly shall notify Grantee of such conflict and shall cooperate with Grantee and the City of Santa Ana or other appropr~ate authority to accommodate the puxposes of both this instrument and such ordinance. Sent By: The Los Angeles Conservancy; 21 36233909; Aug.14-08 4:17PM; - . _ _ - - - - - - 82-454566 Page 7/34 11. -A Liens. The Grantor acknowledges that the subject matter of this conveyance is a perpetual donation to charity which can no longer be transferred, hypothecated or subjected to liens or encumbrances by the Grantor, 12. Recording. T h i s instrument shall be recorded with the County Recorder of Orange County, California. 1 3 . Easement Runs with t h e Land. The obligations imposed by this Conservation Easement shall be deemed to run as a binding servitude " w i t h the land". T h i s instrument shall extend to and be binding upon Grantor and a l l persons hereafter claiming under or through Grantor, and, the word "Grantor" when used herein shall includc all such persons. 14. Benefit and Assignment. (a) Grantee may not a s s i g n t h i s Conservation Easement, whether voluntarily or by operation of law, without fixst obtaining the written consent of t h e Grantor, which written consent shall n o t be unreasonably withheld, Any assignment by Grantee without Grantor's consent shall be voidable at t h e option of Grantor. ( b ) Subject to the provisions of Subparagraph 14(a) above, t h i s instrument shall be binding upon and inure to the benefit of the successors -and assigns of the parties hexeto. ( c ) Anything contained in this Conservation Easement to the contrary notwithstanding, a person shall have no obligation pursuant to this instrument after such person shall cease to have any interest i n t h e Building by reason o f a bond fide transfer, 15. Governing Law. This instrument is executed and intended to be performed in the State of California, and the Sent By: The Los Angeles Conservancy; 21 36233909; Aug-14.08 4:lBPM; Page 8/34 laws of that state shall govern its interpretation and effect - IN WITNESS WHEREOF, the parties have executed this Conservation Easement on the date first shown above. GRANTOR A To Z INVESTORS NO. 2, A CALIFORNIA LIMITEDRARTNERSHIP Managing Partner V GRANTEE LOS ANGELES CONSERVANCY, a Califocn* nonprofit corporation Sent By: The Los Angeles Conservancy; 2 1 36233909 ; Aug.14.08 4:18PM; Page 9/34 STATE OF CALIFORNIA 1 1 ss. COUNTY OF LOS ANGELES 1 On /7 , 1982, before m e , the undersigned, a Notdy Public in and for said State, personally appeared Berneice Anqlea, known to me (or proved to me on the basis of satisfactory evidence) to be the Managing Partner of A To 2 Investors No. 2, a California Limited P a r t n e c s h l p , the limited partnership that executed the within instrument and acknowledge to me that such partnership executed the same. WITNESS my hand and official seal. ~7 Notar% Public n and f r f said County and S t a t e . STATE OF CALIFORNIA 1 1 S S . COUNTY OF LOS ANGELES 1 On I)< / , 1982, before me, the undersigned, a Notary pu-and for said S t a t e , personally appeared John E. Miller known to me (or proved to me on the basis of satisfactory evidence) to be the President of Los Angeles Conservancy, a California nonprofit corporation, the corporation that executed the w i t h i n instrument and acknowledge to me that such corporation executed the same. WITNESS my hand and official seal. Not?rFfiu%i ~ ~ ! a ; d ' % k ~ 4. said County and S t a t e . MARIE R GO1JC:COF.I NoTnnv PLII!LIC - C;~LII-OGNIA LOS ANGrLrS COUNTY My cornm. capires OCI I . 190.1 Sent By: The Los Angeles Conservancy; 21 36233909; Aug.14-08 4:18PM; EXHIBIT A Any and all buildings and improvements as t h e same existed on October 3 , 1982, located on the land situated i n t h e S t a t e of CALIFORNIA County of ORANGE, City of SANTh ANA and described as follows: Lots 1 and 4 in B l o c k 6 of t h e "Town of Santa And'', as shown on a Map recorded in Book 2, Page 51 of Miscellaneous Records of LOS A n q e l e s County, California. EXCEPTING therefrom t h e North 6 inches of said Lot 4 , Page 10134 EXHIBIT A Page 1 of 1 Sent By: The Los Angeles Conservancy; 21 36233909; Aug-14-08 4:18PM; ------ LC' 82-454566- 6 4 11;; * . . 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