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HomeMy WebLinkAboutENCR-CREVIER MOTORS, INC.ENCROACHMENT AGREEMENT This Agreement, made and entered into this day of J)e c'e"VY) 6,(n- ) 1987, by and between the City of Santa Ana, a municipal corporation, herein called "LICENSOR", and Crevier Motors, Inc. herein called ''LICENSEE." W I T N E S S E T H RECITALS: 1. LICENSOR is the owner of a strip of land located along the West side of Auto Mall Drive, North of Edinger Avenue, 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 commercial property, described in Exhibit "B" attached hereto and incorporated herein by reference, and for the sole purpose of encroachment of a monument sign. No other encroachments will be allowed. 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 install and construct a monument sign upon said parcel, as shown on the Exhibit "C" map attached hereto and incorporated herein by reference, for the purpose hereinabove described. B. 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 person or persons, however caused, arising out of the use of LICENSOR'S property by LICENSEE, its employees, guests or invitees, during the term hereof, except any and all damage or loss due to the negligence or wilful act of LICENSOR, its employees or agents during the term hereof. C. This license does not relieve LICENSEE from compliance with building and planning code regulations as applicable to said parcel. D. The covenants herein 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, assigness and all other successors in interest during the term hereof. E. 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 notice prior to any such termination. F. Upon termination of this Agreement, LICENSEE shall remove said momument sign within the sixty (60) day period at its own expense. If said sign is not removed within the time period, then LICENSOR, at its option, shall have the right to remove said sign and charge LICENSEE for the cost of said removal. G. 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 Crevier Motors, Inc., 1500 Auto Mall Drive, Santa Ana, CA. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. ATTEST: 4ee k o ' the Cbur�ti provecl "W-Vo content ,city ar"aller CITY OF SANTA ANA, a Municipal Corporation MAYO LICENSEE Crevier not-6rs, Inc. EXHIBIT A All that certain real property situated in the State of California, County of Orange, City of Santa Ana, being a portion of Auto Mall' Drive, lying adjacent to and abutting Parcel 8, as both are shown on that certain map recorded in Book 210, pages 45, 46 and 47 of Parcel Maps of said County, described as follows: An encroachment to construct, install, maintain, repair and replace a Monument Sign and electrical conduit thereto, 2.00 feet wide, lying 1.00 foot on either side of the following described line: Commencing at the intersection of Auto Mall Drive and Edinger Avenue, as shown on said Map; thence North 0° 29' 55" East 301.97 feet along the centerline of said Auto Mall Drive to the beginning of a tangent curve concave Southwesterly, having a radius of 550.00 feet; thence continuing along said last- mentioned centerline-land.curVe North and Northwesterly through a central angle of 19° 50' 1911, an arc distance of 190.44 feet; thence South 700 39' 36" West 28.84 feet to the True Point of Beginning; thence South 410 43' 00" West 20.00 feet to the East line of said Parcel 8. EXHIBIT B All that certain real property situated in the State of California, County of Orange, City of Santa Ana, described as follows: Parcel 8, as 'shown on that certain Mapixecorded in Book 210, pages 45 through 47, inclusive, of Parcel Maps, records of said Orange County. 1 EXHIBIT C �Qc 4. 7'S6'ls' L- 7123' I �OP17.SED £ASEA�IEN%- � N -�a a� 1 A • I D'so,/.9 1?- 5570' 30 JTW slit — of is eyes r/NG on" r L N 701 3� D,FrAlL SCALE i•=/a' 5 69-30-D5-E RRDI/7L �- BG fV 89'OZ' S5"E ED/il/GE•R J�YE CITY COUNCIL AGENDA DATE December 21, 1987 a a - .1 121 W amaglakuwalell RECOMMENDED ACTION 8 7 DATE OF COUNCIL ACTION Approve and authorize the Mayor to execute an Encroachment Agreement with Crevier Motors, Inc. to permit the placement of a monument sign in the landscaped parkway at the Auto Mall. Crevier Motors recently completed construction of their new BMW facility at the Santa Ana Auto Mall. Over the past few weeks, they have been investigating possible locations for the placement of a monument sign to identify their dealership. Pursuant to the municipal code, the sign is required to be placed in a landscaped planter. The unique landscape theme at the Auto Mall includes circular plazas in the street and corresponding curved parkways. This unique design results in off -set property lines that leave limited on -site street -oriented landscaped space within which the dealers can place a monument sign. In the case of BMW, the only possible location for the sign that accommodates both visibility and safety considerations is in the landscaped parkway (public right-of-way). Staff requests that the City Council approve and execute the encroachment agreement to allow placement of a monument sign in the landscaped parkway. There is no fiscal impact associated with the encroachment agreement. SD: jwe/E7 037 W City Manager From: Executive Director/Commity Development Date: December 7, 1987 Subject ENCROACI-M= AGPEEMENT FOR CREVIER E24W MONUMENT SIGN STATEMENT OF THE ISSUE In 1985, plans were developed for the Santa Ana Auto Mall streetscape based on input from the dealers with respect to building and signage size, placement and orientation. over the past few months, it has become evident that although the plans were developed in accordance with the best available information, there is very limited on -site space for monument signage. This is primarily due to the unique landscape theme at the Auto Mall which includes circular plazas in the streets and corresponding curved parkways. The resulting property lines are off -set leaving inadequate space on -site for placement of monument signage. On behalf of Crevier Motors, staff is requesting that the city council approve an encroachment agreement (see Attachment 1) to allow placement of a monument sign in the landscaped parkway. The proposed location takes into consideration both safety and visibility concerns. The alternatives considered included identifying an on -site location for the monument sign, allowing the sign to be placed off -site in the landscaped parkway, and denying the request for an encroachment agreement. Based on field investigations and a survey, it is evident that there is inadequate space on -site to accommodate a monument sign. By allowing for an off -site location in the landscaped parkway, Crevier BMW will be able to provide the necessary identification for their facility. The proposed location is also in conformance with zoning code and safety requirements. Denying the request for an encroachment agreement would effectively prohibit Crevier Motors from erecting a monument sign, a form of signage that is necessary for identification purposes. I' N ROW-11 M 10 1 1Mi There is no fiscal impact associated with the proposed encroachment agreement. Approve and authorize the Mayor to execute an Encroachment Agreement with Crevier Motors, Inc. to permit the placement of a monument sign in the landscaped parkway at the Auto Mall. Cynthf'a J. 961 n 03'8 CJN:SD: jwe/E7 ENCROACHMENT AGREEMENT This Agreement, made and entered into this day of 9 1987, by and between the City of Santa Ana, a municipal corporation, herein called "LICENSOR", and Crevier Motors, Inc. herein called "LICENSEE." W I T N E S S E T H RECITALS: 1. LICENSOR is the owner of a strip of land located along the West side of Auto Mall Drive, North of Edinger Avenue, 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 commercial property, described in Exhibit "B" attached hereto and incorporated herein by reference, and for the sole purpose of encroachment of a monument sign. No other encroachments will be allowed. 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 install and construct a monument sign upon said parcel, as shown on the Exhibit "C" map attached hereto and incorporated herein by reference, for the purpose hereinabove described. B. 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 person or persons, however caused, arising out of the use of LICENSOR'S property by LICENSEE, its employees, guests or invitees, during the term hereof, except any and all damage or loss due to the negligence or wilful act of LICENSOR, its employees or agents during the term hereof. C. This license does not relieve LICENSEE from compliance with building and planning code regulations as applicable to said parcel. ATTACRV= 1 V, LJ 039 D. The covenants herein 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, assigness and all other successors in interest during the term hereof. E. 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 notice prior to any such termination. F. Upon termination of this Agreement, LICENSEE shall remove said momument sign within the sixty (60) day period at its own expense. If said sign is not removed within the time period, then LICENSOR, at its option, shall have the right to remove said sign and charge LICENSEE for the cost of said removal. G. 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 Crevier Motors, Inc., 1.500 Auto Mall Drive, Santa Ana, CA. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. ATTEST: Mrk of the Counc APPROVED AS TO FORM: A'0ovi ` `.► per - CITY OF SANTA ANA, a Municipal Corporation LICENSOR MAYOR- MrMAYOR- LICENSEE C ev b Motors, Inc. EXHIBIT A All that certain real property situated in the State of California, County of Orange, City of Santa Ana, being a portion of Auto Mall Drive, lying adjacent to and abutting Parcel 8, as both are shown on that certain map recorded in Book 210, pages 45, 46 and 47 of Parcel Maps of said County, described as follows; An encroachment to construct, install, maintain, repair and replace a Monument Sign and electrical conduit thereto, 2.00 feet wide, lying 1.00 foot on either side of the following described line: Commencing at the intersection of Auto'Mall Drive and Edinger Avenue, as shown on said Map; thence North 00 29' 55" East 301.97 feet along the centerline of said Auto Mall Drive to the beginning of a tangent curve concave Southwesterly, having a radius of 5.50.00 feet; thence continuing along said last- -mentioned centerline,landicurve North and Northwesterly through a central angle of 190 50' 19", an arc distance of 190.44 feet; thence South 700 39' 3611 West 28.84 feet to the True Point of Beginning; thence South 41° 43' 00" West 20.00 feat to the .East line of said Parcel S. w, 041 EXHIBIT B All that certain real property situated in the State of California, County of Orange, City of Santa Ana, described as follows: Parcel 8, as shown on :that certain Map�xecorded in Book 210, pages 45 through 47, inclusive, of Parcel Maps, records of said Orange County. k,_ 4 .w A, 11003'3."?".r 21 95 00 L 6.75' EXHIBIT C PSG 1! 7'S6 Z8" R , SSU' L• 76.Z3' F. rt'ROPO�'TJ EAs'FMENi- � � �pG R C. P, 30 ' ��N �� yQl 9� bq DFrAIL SCALE 5 89'30'05-'E RADIAL. .5C/.PV.EY FOR Pleo ose-D E.S'.SEiI/l�NT rae PKeC.'L 8 or ISM 8Y- d9Y .SUQY�`YEtl Nlollel l-QL'z 1387 w. A I R•5S0' r � -y c- 30 C +--4- 9G w n N O � N 9VO2' 55"E EIDINGER AYL= t 043 r