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HomeMy WebLinkAbout65-036RESOLUTION 65-36 APPROVING AGREEk.~NTWITH AND ACCEPTING COVENANT FROM FACTORY DEVELOPME~k CORPORATION WHEREAS, FACTORY DEVELOPMENT CORPORATION has presented to the City of Santa Ana an agreement providing for the construction of a doorway in a property line wall on a temporary basis under the conditions therein stated and creating a covenant to eliminate and close said doorway and replace the same with a proper fire- inhibiting wall in accordance with all Code requirements upon the happening of certain events. NOW, THEREFORE, BE IT RESOLVED: That the City of Santa Ana approves and hereby enters into said agreement and approves and accepts the covenant and directs that said instrument be recorded, and that Carl J. Thornton, the City's designated agent, is directed to place his Certificate of Acceptance on said instrument. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 15th day of February, 1955. ATTE S T: CLERK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Resolution was regularly introduced to said Council at its regular meeting held on the 15th day of February~ 1965, and was at said meeting regularly passed and adopted by the following vote, to wit: AYES, NOES, ABSENT, COUNCILMEN: COUNCILMEN: None COUNCILMEN: None Hubbard~ Harvey~ Gilmore~ Schlueter, Hall CLERK OF THE COUNCIL 15765 AGREEMENT RECORDED AT REQUEST OF 9:05 AM FEB 19 1965 FREE ~. w/u[ CARLYLE, Com~l~ Recorder FACTORY DEVELOPMENT C0RPORATIONt a Callfo~nia coPporatlons does hereby agree to and with the CITY OF SANTA ANA as hePelnafter set forth. RECITALS: called 2~000 A. FACTORY DEVELOPMENT CORPORATION (hereinafter "Factory") is the developer and Lessor of that certain square foot improved industrial building located upon that certain real propertys the street address of which is 3~1 West Central Avenue, Santa Ana, California, as said real property is more particularly described in Exhibit A attached hereto and by reference thereto incorporated hePelns (hereinafter called "Factory Property"). Said Factory Property is leased to C0LEMAN ENGINEERING COMPANY, INC. for a ter~n of five (5) years in accordance with the pPovislons of a written Lease dated January ¢7~ 1965~ the term of whleh is scheduled to commence on February 1~ 1965, and to end Januamy 31~ 1970. B. Said COLEMAN ENGINEERING COMPANY, INC. is also the Lessee of the adjacent 20~000 square foot improved in- dustrial building from THE OWEN COMPANY~ Successor LessoP~ which said adjacent premises ape located at 3209 West Central Avenue~ Santa Anas CalifoPnia~ and the legal description thereof is more particularly set forth in Exhibit B attached hereto and by reference thereto incorporated herein~ (herein- after called "Owen PPopePty"). FILED MAR 1 3965 MIN. PAST_ M Ce COMPANY, INC., As an accommodation to COLEMAN ENGINEERING FactoPy has constPucted on the west side of its 2~,000 square foot industmial building located on the Factory PPope~ty a doorway fom ease of access of COLEMAN ENGINEERING COMPANY, INC. to and f~om the ~especttve pPemises leased by it. IN CONSIDERATION fo~ the permission extended to FactoPy to construct and maintain said doorway upon the west side of the industrial building located upon the Factory P~ope~ty leased by it to COLEMAN ENGINEERING COMPANY, INC.t said Factory does heTeby agTee to and with the CITY OF SANTA ANA as follows: 1. At such time as COLEMAN ENGINEERING COMPANY, INC. ceases to be a tenant of eithe~ the Owen P~opemty om the Factory PPope~ty, sai~' Factory agrees to eliminate a~d to close said doorway in accoTdance with the Building Codes of the City of Santa Aha then existing Pelatln~ thereto. 2. At such time as FactoTy should sell o~ otheT- wise dispose of its interest in the Factory Prope~tyt it agTees to give notice of such disposition to the City of Santa Ans. In the event the City of Santa Aha then decides to Tequi~e said dool-way to be eliminated and closed, then upon wTitten notice from the City of Santa Aha Factol~y agrees to thereupon eliminate and close said dooPway. 3. In the event that the The Owen Company, om its successoTs om assi~ns~ desiPes to construct additional improvements upon the Owen Property, and upon notice to Factory by the City of Santa Aha so to do~ Factory a~-ees to eliminate and to close said doorway on the west side of the industrial building located upon the Factory Property, 4, Factory agrees to give to the City of Santa Ahat to the attention of its Building Department~ notice in writing within five (5) days after the occurrence of te~minatlon of the tenancies of COLEMAN ENGINEERIN~ COMPANY~ at either the Factory Property or the Owen Property, INC, 5. its successors then Ana, This agreement shall be binding upon Factoryt and asslgns~ and it shall inure to the benefit of the City of Santa Aha. This agreement shall remain in full force and effect until said doorway has been eliminated and closed~ or the existence and continuation thereof shall comply with the Building Codes of the C£ty of Santa IN WITNESS WHEREOF~ FACTORY DEVELOPMENT CORPORATION has executed this agreement to and with the CITY OF SANTA ANA, for the purpose of obtaining pe~mlsston to construct and maintain the existence of the doorway hereinbefore Te- ferred to upon the conditions and agreements herein set forth, CORPORATION This is to certify that the~- ..... , ..... dated / ~ ~ . frqm B · hereby accepted by. p~dei',o3't.h~ gi.i3; ~.~o~lncil on ~,~-/~ -/,,~9 , ar,,.d~ '~he ~ ~t?D~ents.tO re, cordation thereof by,Jt.s du{y a~"~orized offic~, ' ~ STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) SS, oo 74 ) PAC 58! On, January,Z71,., . . , , 1965t before met the unde~- signed~ a Notary Public in and fop said county and state! personally appeared Garnet S. Cumming ~ knwon to me to be the Vice P~esidentt and ' IViarsh~ll L. McDaniel ! known to me to be the, , , Secretary of FACTORY DEVELOPMENT C0RPORATIONt the coTpo~ation that executed the foregoing Agreement~ known to me to be the persons who executed said instrument on behalf of said cow- potationt and acknowledged to me that such corporation executed said instrument pursuant to its by-laws or a resolution of its board of di~ectoTs. WITNESS my hand and official seal. NO~~ in a~lc[ :~Or said County and State SUZANN£ BARI/£SON My Commission Expires Feb. 4, 1967 LEGAL DESCRIPTION All that certain land situated in the City of Santa Ana~ County of Orange~ State of Califo~nla~ described as follows: ~arcel 1: The Easterly 47.55 feet of Lot S of Tract No. 2650 as shown on a Map mecorded in Book 112, pages 9 through 11, inclusive, of Miscellaneous MapsI records of Orange County, California. Parcel 2: The Westerly 170.75 feet measured along the Northerly llne of Lot 5 of Tract No. 2650 as shown on a Map recorded in Book 112, pages 9 through.ll~ inclusive, of MiscellaneOus Maps, records of Orange County~ California. SUBJECT TO covenants~ conditions, restrictions~ resemva- tions~ easements~ rights and rights of way of record.. EXHIBIT "A" ~LEGAL DESCRIPTION All that certain land situated in the State of California, County of Orange, City of Santa Ana, described as follows: All that portion of' Lot Two of Tract No. 1013, as shown on a Map recorded in Book 33,' page 36 of Miscellaneous Maps, records of Orange County, California, more particularly described as follows: Se$innl~ at the intersection of the center llne of Delhi Rose as described in the deed to the City of Santa Aha, recorded in Book 3857, page 597 of Official Records of said County, and the Northerly prolongation of the East line of the fifty foot easement conveyed to the Pacific Electric Railway Company, a corporation, by deed recorded in Book 3828, page 13 of Official Records of said County; thence North 68° 53' 30# East along said center line a distance of 382,57 to a point; thence South 1° 19' 45" East along a line parallel to and distant 360.00 feet, measured at right angles, from said Northerly extension, a distance of 311.15 feet.to the true point of beginning and the most Northwesterly corner of the land herein described; thence continuing along said parallel line, ~outh 1o 19' 45" East a distance of 247.10 feet to the beginning of a circular curvet concave to the Northeast and having a radius of 25.00 feet; thence along said curve through a central angle of 90° and an arc distance of~39.27 feet to a tangent line which bears Nort~ 88° 40' 15" East; thence along said tangent line 157.~5 feet to a point; thence North 1o 19' dS" West a distance of 275.00 feet to a point; l~hen~e ~T~uth 8~ 40' 15" west a distance of 142.45 feet to the beginning of a circular curve concave to the South and having a radius of 276.90; thence Westerly along said curve a central angle of 8° 18' 21" and an arc distance of 40.14 feet to the true point of beginning. S~BJECT to eewenants, conditions, restrictions, easements, rights, and rights-of-way. EXHIBIT "B"