HomeMy WebLinkAboutMCCULLOCH, JACK G. & MCCULLOCH, JOY R.1-1 - 1 / - 0 (1 1-�-
REL:mb 3/11/91
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, Ca 92701
Attn: Clerk of the Council
THIS AGREEMENT made and entered into this —Z4Z?-4 day of
-1 199/ by and between the City of Santa Ana, a
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municipal corporation of the State of California, and Jack G.
McCulloch and Joy R. McCulloch ("Owner").
W-I-T-N-E-S-S-E-T-H
Recitals:
A. Owner is the owner of certain real property (the
"Property") located generally at 301 North Main Street in the City
of Santa Ana, County of orange, State of California and more
specifically described as:
Lot 2, together with the South 30.0 feet of
Lot 3, all in Block lo of the Town of Santa
Ana, as shown on that certain map recorded in
Book 2. page 51 of Miscellaneous Records of
Los Angeles County, California.
B. The Property is improved with a building (the
"Building").
C. Portions of the Building encroach into the public right-
of-way adjacent to the Building, said encroachments being located
beneath portions of the sidewalk located in said public right-of-
way (the "encroachment").
D. The Community Redevelopment Agency of the City of Santa
Ana ("Agency") proposes to reconstruct the , sidewalk adjacent to the
Building.
WHEREFORE, in consideration of mutual and respective
promises and covenants, and subject to the terms and conditions
hereinafter set forth, the parties hereto do hereby agree as
follows:
1. City covenants to not cause or require the removal of the
encroachment as a condition to reconstruction of the sidewalk
adjacent to the Building.
2. Owner covenants by and for itself and its successors and
assigns, and all persons claiming under and through them, that it
shall indemnify, save harmless and defend the City, the Agency, and
their officers, agents and employees from and against any and all
claims or liabilities (including, but not limited to, claims or
liabilities asserted by Owner) for damage to or loss of real or
personal property arising out of the reconstruction of the sidewalk
adjacent to the Building and the condition of the sidewalk and all
appurtenances thereto (including, but not limited to street lights,
street trees, curb, and gutter) after such reconstruction, to the
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extent such damage or loss would not have occurred but for the
existence of the encroachment,
3. The foregoing covenants shall run with the land and shall
bind and inure to the benefit of the successors -in -interest of
Owner in the Property.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the date and year first above written.
ATTEST:
Jani G
Cler e Council
Edward J. oo r
City Attorney
CITY OF SANTA ANA
BY:
Daniei H. Y g
Mayor
Jack G. McCulloch
J i cCulloch
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