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<br />RECORDlNG REQUESTED BY AND <br />'NHEN RECORDED MAIL TO: <br /> <br />STA'f.E; OF CALIFORNIA <br />DEPARTMENT OF lRANSPORT ATION <br />SOUTHERN RIGIIT OF WAY REGION <br />EXCESS LANDS SALES UNIT <br />21073 PATHFINDER ROAP..Surr 100 <br />DIAMOND BAR, CA 91765 <br /> <br />.. <br /> <br />Space above this line is fOl' Recorda"s Use <br /> <br />Transportation Enhancement Activities (TEA) Program <br />Agreement Declaring Restrictive Covenants <br /> <br />TEA Project Number: <br /> <br />This Agreement Declaring Restrictive Covenants (ADRC), hereinafter referred to as <br />. "AGREEMENT', is entered into effective this day of , 2 , by and between City <br />of Santa Ana, including their assigns and successors in interest with respect to all duties and obligations <br />assumed herein, hereinafter referred to collectively as "APPliCANT," and the State of California, acting by <br />and through the Department of Transportation (Caltrans), hereinafter referred to as "STAlE." <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 "lRANSPOlITATION ENHANCEMENT PURPOS~". '-- <br /> <br />NOW THEREFoRE, in consideration of the mutual prornises 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 />