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Home My WebLink About050107-RestrictiveCovenantAndAgreement-2419NBonnieBrae.pdf_A� RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana Planning Division 20 Civic Center PIaza M-20 P.O. Box 1988 Santa Ana, California 92702 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder INN I II IN 1111111111111111111111111111111111111111 NO FEE 2004001113971 08:41am 1211 5104 115 42 C39 5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FREE RECORDING GOVERNMENT CODE § 4143 RECEIVED RESTRICTIVE COVENANT AND AGREEMENT Date: November 12, 2004 SAW AW SING DER "Subject Property" shall mean Assessors Parcel Number 002-121-13 in the County of Orange, City of Santa Ana, commonly referred to as 2419 North Bonnie Brae, and more particularly described in Exhibit A hereto, which is incorporated herein by this reference as though fully set forth. THIS AGREEMENT is between the City of Santa Ana, a charter city duly organized under the Constitution and laws of the State of California (the "City") and the fee title owner of the Subject Property (herein described as "Owner," whether singular or collective): Glenn W. Robertson and Jane Conley Robertson. The Owner hereby covenants and agrees, on Owner's behalf and on behalf of the Owner's successors and assigns, that Owner shall continuously occupy one of the two residential dwelling units on the Subject Property, consistent with the Second Dwelling Unit standards as prescribed in City of Santa Ana Ordinance No. NS-2829, as it may be amended from time to time. In addition, Owner hereby covenants and agrees, on Owner's behalf and on behalf of its successors and assigns, that the two dwelling units on the Subject Property shall not both be rented at the same time. Finally, Owner warrants and covenants, on Owner's behalf and on behalf of its successors and assigns, that Owner shall not seek to sell or transfer title of one of the dwelling units on the Subject Property separate and apart from a sale or transfer of title of the entire Subject Property. This Restrictive Covenant and Agreement shall run with the land and shaII be binding upon Owner, any future owner, or Owner's successor or assign, and shall continue in effect in perpetuity unless and until such time that the Santa Ana Municipal Code unconditionally permits the use or purpose herein above referred to or unless otherwise released by authority of the Planning Manager of the City of Santa Ana. Owner represents and warrants that it is the owner of the Subject Property and has full authority to execute this Restrictive Covenant and Agreement. Dated: //I/2 Y OWNER(S): Glen �Tv. Robertson mQyn Robertson M(3 M/counter/RestCovenant$on n ieBsae NovO9 CITY OF SANTA ANA J A. Trevino, AICP P ng Manager State of California } SS. County of Orange On V ertlen.� 11 sa a � , before me, a. LQ Q4J,� , a g,.� Date Name and Ti# of Officer (e.g., "lane Me, Notary ublic") personally appeared zott-..� I ) Names) of Signer($) SHERLEY A.DODD ijCOmm.414M2 �arlkNr vuellc-cauFar�k �_ My Co�la�f*a ANE12,20H Placc Notary Seal Abovc State of California } SS. County of Orange ❑ personally known to me IX proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Q sipanm of Notary Public On — )jojpZ&, 1A" y before me, 1d./L" Q . &PI _ & iAI & , Date ' Name and 1ptle of Officer (e.., "Jahi Doe, Notary ublic") personally appeared _ SHERLEY A. DODD Comm. # 1490382 r^ NOTARY MIC-CAL FMu V' A Namds) of S.W."(sf ❑ personally known to me [� proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. a. L,-kj, Signature of Notary Public State of California fSS. County of Orange On AJV V , J 4 before me, O� 4 �S 04 -o� t LF% /V C h C PU bll L C, Date Name and Title of Officer (e.g.. "Jane Doe, Notary Public") personally appeared \7q y A. 7-re v 'i?o ROSA S. BJIREU _ Commission # 9303103 = Notary Public - California F. Orange County My Comm. Fxpims nAsy30, zm6 PI9ce Nnia Seal Above I 1 '4 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(a) whose names-) Vare subscribed to the within instrument and acknowledged to me that &J AteAh� executed the same in ►i—sAien4l;eir authorized capacity(4es), and that by is r signature(a) on the instrument the person(&), or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my hand and official seal. Sigrimum orNowy Public EXHIBIT A LEGAL DESCRIPTION OF "SUBJECT PROPERTY" ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, DESCRIBED AS FOLLOWS: PARCELI: The East 23 feet of that portion of Lot 3 of Potts, Borden & Sidwell Tract, as per Map thereof recorded in Book 4, Page 624 of Miscellaneous Records of Los Angeles County, California, described as follows: Beginning at the point of intersection of the North line of Bonnie Brae With the West Line of Tract No. 761, as per thereof recorded in Book 22, Page 35 of Miscellaneous Maps, records of said Orange County; thence West along the Westerly extension of the North line of said Bonnie Brae to a point in a line which is 101 feet West of and Parallel with the West Line of said Tract No. 761; Thence North 1 ° 03' 15" East along said Parallel line 164.75 feet to the South Line of Tract No. 755, as per Map thereof recorded in Book 22, Page 33 of Miscellaneous Maps, records of said Orange County; thence East along said South line to the West line of said Tract No. 761; thence South 1 ° 03' 15" West along said West line, 164.75 feet to the point of beginning. PARCEL 2: Let Eight (8) of Tract No. 761, as per Map thereof recorded in Book 22, Page 35 of Miscellaneous Maps, Records of Orange County, California.