HomeMy WebLinkAboutENCR-HEATH, ROBERT AND LEDBETTER, WILLIAMENCROACHMENT AGREEMENT
This agreement, made and entered into this 19th day
of July , 1982, by and between the City of Santa Ana, a municipal
corporation, herein called "LICENSOR", and Robert W. Heath and Dorothy Heath,
and William Paul Ledbetter and Linda Jan Ledbetter, herein called "LICENSEE".
WITNESSETH
RECITALS:
1, LICENSOR is the owner of a strip of land located along the west side
of Santiago Avenue and Northerly of Civic Center Drive 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 storage, fencing or walls and customer parking. No per-
manent structures are to be built and LICENSEE must maintain ingress and egress
for utility companies to maintain and service existing natural gas and electri-
cal facilities located within encroachment area.
WHEREFORE, in consideration of their mutual covenants and agreements, here-
inafter contained and subiect to the terms and conditions hereof, the parties
hereto do hereby agree as follows:
A. LICENSOR grants to LICENSEE a revocable license to encroach upon said
parcel for the purposes hereinabove described.
B. LICENSEE agrees to remove or relocate,' -at his 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 person or 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 herein contained shall be construed to run with the
land and as such shall be binding on the parties hereto and all persons claim-
ing under or through them, including heirs, assignees 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 notice prior to any such termination.
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 2520 N. Valencia, Santa Ana, California
92706.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the date and year first above written.
A TTEST:
'JAINICE C. GUY
fir" CLERK OF THE COUNCIL (Y
APPROVED AS TO FORM:
dwar J. C pe
City Attorney
CITY OF SANTA ANA, a
municipal corporation
LICENSOR
66RDON RR"INKI'N MAYOR
Dorothy L. Hest"
Will iam Paul Ledbe tr
Linda Jaedbetter
7
EXHIBIT "A"
All that certain land situated in the State of California, County of Orange,
City of Santa Ana, described as follows: .
The Westerly 25 feet of Santiago Avenue (80 feet wide) as shown on a map re-
corded in Book 10, pages 43 and 44 of Miscellaneous Records, in the office
of the County Recorder of Los Angeles County; bounded Northerly by the East-
erly prolongation of the Northerly line of the Southerly one-half of Vance
Street lying between the Southwesterly line of Santiago Avenue and the North-
westerly line of the Southern Pacific Railroad, as shown on said map; as vaca-
ted and abandoned by resolution No. 3788 of the City Council of the City of
Santa Ana., a certified copy of which was recorded June 10, 1949 in Book 1857,
page 29 of Official records, of said County of Orange; bounded Southerly by
the Easterly.prolongation of the Southerly line of the Northerly one-half of
the Southerly one-half of said Block 56.