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<br />~ RECORDING REQUESTED BY AND <br />WHEN RECORDED MAIL TO: <br /> <br />STATE OF CALIFORNIA <br />DEPARTMENT OF TRANSPORTATION <br />SOUTHERN RIGHT OF WAY REGION <br />EXCESS LANDS SALES UNIT <br />21073 PATHFINDER ROAD, SUITE 100 <br />DIAMOND BAR, CA 91765 <br /> <br />Recorded in Official Records, Orange County <br />Tom Daly, Clerk-Recorder <br /> <br />1111111111111I1111111111111111111I1111111111111111111111I111111111111111111 NO FE E <br /> <br />200500032139112:06pm 04/27/05 <br />111200 A12 45 <br />0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 <br /> <br />Space above this line is for Recorder's Use <br /> <br />Transportation Enhancement Activities (TEA) Program <br />Agreement Declaring Restrictive Covenants <br /> <br />\,(: <br /> <br />TEA Project Number: <br /> <br />This Agreement Declaring Restrictive Covenants (ADRC), hereinafter referred to as <br />"AGREEMENT", is entered into effective this 1st day of December, 2004, by and between City of Santa Ana, <br />including their assigns and successors in interest with respect to all duties and obligations assumed herein, <br />hereinafter referred to collectively as "APPLICANT," and the State of California, acting by and through the <br />Department of Transportation (Caltrans), hereinafter referred to as "STATE." <br /> <br />WHEREAS, APPLICANT will become the owner of certain real property, hereinafter referred to as <br />"REAL PROPERTY", described in Exhibit ADRC-A, attached hereto and incorporated herein by this <br />reference; and <br /> <br />WHEREAS, APPLICANT will acquire this REAL PROPERTY described in ADRC-A for the <br />purpose of preserving, improving and enhancing the REAL PROPERTY for public use as described in the <br />Transportation Enhancement Activities Application Form, hereinafter referred to as "APPLICATION", <br />attached hereto as Exhibit ADRC-B and incorporated herein by reference; and <br /> <br />WHEREAS, STATE has allocated federal funds to APPLICANT for REAL PROPERTY and <br />improvements thereto as provided in section 133( d)(2) of 23 United States Code Annotated; and <br /> <br />WHEREAS, both APPLICANT and STATE desire and intend to permanently restrict the REAL <br />PROPERTY uses now and in perpetuity to the transportation enhancement purposes, as set forth in the <br />APPLICATION, specifically for scenic value and scenic enhancement purposes through landscaping and <br />maintenance, so that both the State of California and each successive owner of all or part of said REAL <br />PROPERTY shall be benefited by the preservation of REAL PROPERTY for that purpose, herein after <br />referred to as "TRANSPORTATION ENHANCEMENT PURPOSES". <br /> <br />NOW THEREFORE, in consideration of the mutual promises of the parties hereto, each to the other <br />as covenantors and covenantees, and expressly for the substantial benefits to be derived therefrom, and to <br />bind, their successors in interest, the said parties agree as follows: <br /> <br />~",\l\ 1tOl'll <br />11\is oiflce is r ( GOl/emmell\ <br />fl\illt \ees ~II ~ \ \)3. <br />code SectIon <br />