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Home My WebLink AboutALTON INVESTMENT GROUP ENCROACHMENT AGREEMENT This agreement, made and entered into this 117_ day of a��", 1985 , by and between the City of Santa Ana, a municipal corporation, herein called "LICENSOR" , and Alton Investment Group, a California Limited Partnership, herein call "LICENSEE" . W I T N E S S E T H RECITALS : 1 . LICENSOR is the owner of a strip of land located on the North side of Alton Avenue, between Daimler Street and Pullman Street, described in Exhibit "A" , attached hereto and incorporated herein by reference; and 2 . LICENSEE desires the use and enjoyment of said parcel in conjunction with such use and enjoyment of his own contiguous industrial property, and for such purposes as landscaping and customer parking. WHEREFORE, in consideration of their mutual covenants and agreements, hereinafter contained and subject to the terms and conditions hereof, the parties hereto do hereby agree as follows : A. LICENSOR grants to LICENSEE a revocable license to en- croach upon said parcel for the purposes hereinabove described. B. LICENSEE agrees to construct no permanent structures on said parcel, to maintain ingress and egress for utility companies to maintain and service existing natural gas , electric, water and sewer facilities located within the encroachment area and to re- move or relocate, at its own expense , any and all improvements to said parcel which are constructed or installed during the term of this agreement upon its termination. C. LICENSEE agrees to indemnify and hold harmless LICENSOR, its officers , employees and agents, from any and all loss or damages and from any and all liability for all loss or damage, and from any and all suits, actions , and claims filed or brought by any persons , however caused, during the term hereof. D. This license does not relieve LICENSEE from compliance with building and planning code regulations as applicable to said parcel. E. The covenants herin contained shall be construed to run with the land and as such shall be binding on the parties hereto and all persons claiming under or through them, including heirs, assigneees and all other successors in interest during the term hereof. F. This agreement and the license hereby given to LICENSEE is terminable at the will of LICENSOR, except that LICENSEE shall receive at least 60 days advance written notice prior to any such termination. G. LICENSEE agrees that this license whall not be assigned or transferred without the LICENSOR' s prior written consent. H. Notices to the parties, unless otherwise requested in writing, shall be sent to the City Clerk of LICENSOR at City Hall, P.O. Box 1988, Santa Ana, California, 92701, and to LICENSEE at 1500 Quail Street, Suite 410 , Newport Beach, California, 92660 . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first above written. CITY OF SANTA ANA, a Municipal Corporation LICENSOR W ATTEST: DANIEL E. GRISET, MAYOR I,-,' - -�. ,,�Z, - ICE C. GUY CLERK OF THE 4TUN aI ALTON INVESTMENT GROUP, a California Limited Partnership APPROVED AS TO FORM: LICENSEE ..�Y EDWARD J. COOPER By 1�- CITY ATTORNEY J HN R. THOMAS GE ERAL PARTNER prove A /o C nteot By T O S . SEARLE ,,. GENERAL PARTNER 1 EXHIBIT A All that certain real property situated in the State of California, County of Orange, Casty of Santa Ana, described as follows : That portion of Alton Avenue, as shown on a Map recorded . in Book 32 , page 10 of Parcel Maps, records of said Orange County, abutting and adjacent Southerly to Parcel No. 4 , as shown on said Map, described as a whole as follows: Commencing at the intersection of the centerlines of Alton Avenue and Daimler Street, as shown on said Map; thence North 490 21' 05" West 57.00 feet to the True Point of Beginning; thence North 401 38 ' 55" East 40 .00 feet; thence North 490 211 05" West 151.00 feet; thence North 441 37 ' 29" West 118.40 feet; thence South 40' 37' 30" West 49 .76 feet; thence South 49° 21' 05" East 268.97 feet to the True Point of Beginning. REQUEST FOR COUNCIL ACTION CITY COUNCIL AGENDA DATE AUGUST 19 , 1985 DATE OF COUNCIL ACTION TITLE ENCROACHMENT AGREEMENT BETWEEN THE CITY AND -- ALTON INVESTMENT GROUP CITY MANAGER CLERK OF THE COUNCIL�� RECOMMENDED ACTION That the City Council approve an Encroachment Agreement between the City and Alton Investment Group and authorize the Mayor and Clerk to execute all necessary documents . DOW,"'I E T CAN FILE 1N CLERK'S OFFICE EXECUTIVE SUMMARY Alton Investment Group, the owners of the property located at the Northwest corner of Daimler Street and Alton Avenue , have requested to use the North half of Alton Avenue , adja- cent to their property, for temporary landscaping and park- ing purposes until such time as the street is extended by an overpass across the Route 55 Freeway. The area in question is presently a vacant, unimproved street. The underlying fee interest is held by the Alton Investment Group. The City holds an easement for street purposes . 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