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Item 19 - Agreement with County of Orange for Building Overhangs on Ross Street
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09/20/2022 Special and Regular
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Item 19 - Agreement with County of Orange for Building Overhangs on Ross Street
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8/14/2023 2:34:18 PM
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Agenda Packet
Agency
Clerk of the Council
Item #
19
Date
9/20/2022
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EXHIBIT 3 <br />Page 1 of 8 <br />RIGHT OF ENTRY AND LICENSE AGREEMENT <br />THIS RIGHT OF ENTRY AND LICENSE AGREEMENT (“Agreement”) is made and <br />entered into this ____ day of ________ 2022 (“Effective Date”) by and between the CITY OF <br />SANTA ANA, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California, (hereinafter referred to as the “City”), and the <br />COUNTY OF ORANGE, a political subdivision of the State of California (herein referred to as <br />the “County”), with respect to the following: <br />RECITALS <br />A. County owns that certain real property located at 601 N. Ross Street, Santa Ana, <br />CA, described as Parcel 1 of Parcel Map of Parcel Map No. 2016-182 as shown <br />on a map filed in Book 408, Pages 19 - 26 of Parcel Maps, recorded November 4, <br />2021, in the Office of the County Recorder of County of Orange, California <br />(hereinafter “Building 16”), which is occupied by various County agencies. <br />B. County also owns that certain property located at 400 W. Civic Center Drive, <br />Santa Ana, CA described as Parcel 2 of Parcel Map of Parcel Map No. 2016-182 <br />as shown on a map filed in 408, Pages 19 - 26 of Parcel Maps, recorded <br />November 4, 2021,, in the Office of the County Recorder of County of Orange, <br />California (hereinafter “Building 14”), which is currently being constructed, and <br />will there after also house County agencies. <br />C. City owns or has an easement for public street/road purposes along, above and <br />under the public street commonly known as Ross Street (hereinafter “Street”), <br />which abuts Building 14 and Building 16 and was recorded on __________ in <br />Book ____, Page ____, of Official Records, in the Office of the County Recorded <br />of County of Orange, State of California (“City Easement”). <br />D. County has constructed an overhanging roof as a design element at Building 1 and <br />Building 2, both of which encroach upon the City Easement (the “Overhangs”). <br /> <br />E. County desires a license to construct, maintain and repair its Overhangs which are <br />located on building 14 and 16 between the approximate elevations of 86 and 92 <br />feet above the surface of Ross Street, as described in Exhibit A and depicted in <br />Exhibit B, of Attachment 1 (“License Area 1”) and in Exhibit A and depicted in <br />Exhibit B, of Attachment 2 (“License Area 2”) attached hereto and incorporate <br />by reference. License Area 1 and License Area 2 may be collectively referred to <br />herein as the “License Areas.” <br />NOW, THEREFORE, for good and valuable consideration, County and City do hereby <br />agree as follows: <br />1. Right of Entry and License. <br />Provided that all of the terms and conditions of this Agreement are fully satisfied, as of <br />the Effective Date of the Agreement, City hereby grants to County and its employees, agents and <br />contractors the nonexclusive, non-assignable, personal, revocable right and license to use,
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