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HomeMy WebLinkAboutSANTORA PARTNERS ,LLC - 2004 N-2005-073 - CITY OF SANTA ANA CLERK OF THE COUNCIL 20 CNIC CENTER PLAZA POST OFFICE BOX 1988 SANTA ANA, CA 92702 Recorded in Off' . T ICla' Record om Oall', Clerk-Record s, Orange County 1111I11111111111111I111111111I111111111111111111111118"111111111I11111111 NO FEE 115 ~~~~~0~~57221 04:12pm 10/25/05 0.00 0.00 0.00 0.00 0.00 000 0 . .00 0.00 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO FREE RECORDING GOVERNMENT CODE 96103 EASEMENT AGREEMENT \~/ 10 , \ ' This Agreement is entered into on )~ / () , 2004, by and between SANTORA PARTNERS LLC, A DELAw LIMITED LIABILITY COMPANY ("Property Owner"), HERITAGE ORANGE COUNTY, INC. ("Architectural Fayade Easement Owner") and the CITY OF SANTA ANA, a charter city and municipal corporation of the State of California ("City"). 1. ACKNOWLEDGEMENTS A. . Property Owner is the legal owner of certain real property located at 207 North Broadway in the City of Santa Ana, and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference (the "Property"). B. Architectural Fayade Easement Owner is the legal owner of an architectural fayade easement on the property located at the Property. C. The Property is currently listed and categorized on the Santa Ana Register of Historical Property. In order to commemorate such listing and categorization; Property Owner, Architectural Fayade Easement Owner and City desire to affix a marker, as more fully described in Exhibit "B," attached hereto and incorporated herein by reference, (the "Marker"), on the Property at the location described and shown in Exhibit "C," attached hereto and incorporated herein by reference. 2. GRANT TO CITY BY PROPERTY OWNER AND ARCHITECTURAL FA<;:ADE EASEMENT OWNER Property Owner and Architectural Fayade Easement Owner grant to City and City's agents and employees to the right to install, maintain, and, if necessary, remove, the Marker on the Property in the location described in Exhibit "C". The Marker shall at all times be the personal property of City. Page I of5 City shall have the right to remove the Marker in the event that the Property is removed from the Santa Ana Register of Historical Property. At such time that the Marker is permanently removed, this Agreement shall terminate. City may not encroach upon the Property for any other purpose or business without obtaining Property Owner's prior written consent. 3. DUTIES OF CITY City agrees to provide the Marker at no expense to the Property owner or the Architectural Fayade Easement Owner and City agrees to install it upon Property Owner's Property, and if necessary to maintain and or remove the Marker, with all reasonable diligence and precaution to avoid damage to the Property or any improvements thereon. City agrees to pay all the costs of the installation, maintenance, repair and, if necessary, removal of the Marker. 4. DUTIES OF PROPERTY OWNER AND ARCHITECTURAL FAl;ADE EASEMENT OWNER Property Owner and Architectural Fayade Easement Owner acknowledge that the Marker is the property of City, and shall not remove, move, damage, change, or in any way alter the Marker without the written consent of City's Planning Manager. Property Owner covenants to keep the Marker free from cover or obstructions which would hinder public view. 5. NOTICES Any notice to be given by either party shall be deemed to be properly served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, to the addresses below: TO CITY: CLERK OF THE COUNCIL CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 92701 Page 2 of5 TO PROPERTY OWNER: MR. MICHAEL HARRAH SANTORAPARTNERSLLC 1200 NORTH MAIN STREET, SUITE 900 SANTA ANA, CA 92701-3640 TO ARCHITECTURAL F A~ADE EASEMENT OWNER: HE~TAGEORANGECOUNTY,INC 515 NORTH MAIN STREET, SUITE 208 SANTA ANA, CA 92701 6. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of California. 7. ENTIRE AGREEMENT This Agreement supersedes any and all other agreements either oral or in writing between the parties hereto with respect to the terms set forth in this Agreement and contains all the covenants and agreements between the parties with respect thereto. Each party to this Agreement acknowledges that no representation, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, with respect to such services, which are not embodied herein, and that no amendment hereto shall be effective unless set forth in writing, approved by the Property Owner, Architectural Fa<(ade Easement Owner and City. 8. BINDING EFFECT The Agreement contained herein shall be construed to run with the land, and as such, this Agreement shall inure to the benefit of and be binding upon the successors, representatives and assigns of the parties hereto; provided however, no assignment hereof by City shall be binding upon Property Owner without the prior written consent of Property Owner in each instance, and at the option of Property Owner, this Agreement shall be forfeited by any such voluntary assignment or by any assignment thereof by operation oflaw. Page 3 of5 This Agreement shall be effective on the day and year first written above. : Date: 1,z3.of Date: fb:; /~) 2~ ATTEST: CcvJC(~ r--- Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: PROPERTY OWNER SANTORAPARTNERSLLC By: Print Name: Print Title: ~~......"..,. ~. ~ ~_, ARCHITECTURAL F A<;:ADE EASEMENT OWNER HERITAGE ORANGE COUNTY, mc ~ <::::74/A/.AJ By: Print Name: Print Title: CITY OF SANTA ANA ~~ City Manager Page 4 of5 RECOMMENDED FOR APPROVAL: By: ~}kA- tephen G. Hardin Executive Director of Planning & Building Agency .. Page 5 of5 State of California County of Orange On }SS. \'5/ /0104 Date .' , before me, Rosa S. Barela. Notary Public Name and Title of Officer (e.g., "Jane Doe. Notary Public") personally appeared Philip C. Chinn ~-~---~~---~~ ROSA S. BARELA _@,"commiSSicn#1303103z ~ ~~'., Notary P~tifjc . CaHfomia ~ ~ Orange County f _ _ _ ~J::rn,_~~res_Ma!30..:.~ Place Notary Seal Above State of California County of Orange } SS. On q /;J., \) IV q ,before me, Date personally appeared }1 / c.h ({ e I J------------~ e ROSA S. BARELA ' - Comrnission#1303103 _ Z ~.: ' , Notary Publlc - California ~ ~ . Orange County f _ _ _ _My~.~~res_Ma.:30..:.2~ Place Notary Seal Aoove ,-Nan'C(s)orSigner(s) 0' personally known to me o proved to me on the basis of satisfactory evidence to be the personEsj whose name~) ~.u=e subscribed to the within instrument and acknowledged to me that <lWsheLthe.y executed the same in (J;!Iii'IK,,'tll,;r authorized capacityfies1; and that by ~ signature(s} on the instrument the person(5}, or the entity upon behalf of which the personEs") acted, executed the instrument. WITNESS my hand and official seal. ~sJ.~ SiJllillureofNotaryPublic I\C,~14 lJ. r:{J!fP.CL..ilJ NC-!a.ry P~tbl/e..., Name and Title of Officer (e.g., "Jane Doe, Notary Public") r:, J!a ('rei h cNanv:(:S)orSigner(s) ~ personally known to me o proved to me on the basis of satisfactory evidence to be the personEs} whose name~ (Ware subscribed to the within instrument and acknowledged to me that QWsheJthey executed the same in ~ authorized capacity(iesT, and that by C@l=4heir signature(-s) on the instrument the person(5}, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~yJ./~ Sigi'ialllre ofNolary Public - 8 - State of California County of Orange On SS. Date , before me, personally appeared Name and Title of Officer (e.g., "Jane Doe. Notary Public") Place NOlary Seal AbovCl Namc:(s)ofSigner{s) o personally known to me o proved to me on the basis of satisfactory evidence to be the person( s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signalure of Notary Public : EXHIBiT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: A.P Number: 398-267-03 SANTA ANA CITY LOT 2 BLK 5 AND LOTS 3 & 6 ALL IN BLK 5 EXHIBIT B A structure used for residential purposes shall have a four (4) inch by five (5) inch bronze marker. Structures used in conjunction with a commercial land use that have greater than 60 feet street frontage the marker shall have a eight (8) inch by ten (10) inch bronze marker. Structures used in conjunction with a commercial land use that have less than 60 feet street frontage shall have a four (4) inch by five (5) inch bronze marker. In all cases the City reserves the right to select the text as approved by the Historic Resources Commission. : EXHIBIT C The bronze markers will be installed by the City with invisible mounts directly on the exterior front of the historic structure, facing the right-of-way, so that the bottom edge of the marker is approximately four and one half feet up from the ground. Additionally, the marker shall be placed on an exterior wall that is as close as feasible to the main entrance of the building. On structures used in conjunction with a commercial land use, the marker shall be placed on an exterior wall as close to the right-of-way as possible that is also in proximity to the main entrance. On a structure used for residential purposes, the marker shall be placed on an exterior wall that is closest to the main entrance. In all cases, the City reserves the right to select the exact placement of the marker.