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HomeMy WebLinkAbout76-005RESOLUTION NO. 76-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GRANTING REVOCABLE PERMISSION TO BRYN BERGE TO USE A PORTION OF THE RIGHT-OF-WAY OF SOUTH MAIN STREET WHEREAS, Bryn Berge has entered into an agreement for the purchase of certain real property located at 4131 South Main Street in Santa Aha; and WHEREAS, Bryn Berge desires to have the use of cer- tain land adjacent to the said property, which land constitutes an unimproved portion of the right-of-way of South Main Street, and which is described more particularly as follows: Commencing at the Northwesterly corner of the land described in the deed to S. H. Finley Company, recorded April 28, 1942 in Book 1143, page 425 of Official Records of Orange County, California, said point in the Westerly line of Section 31, Township 5 South Range 9 West, dis- tant Northerly thereon 528.92 feet from the Northwesterly line of Irvine's subdivision as shown on a map recorded in Book 1, page 88 of Miscellaneous Maps, records of said Orange County. Thence along the Northeasterly line of said land South 64o52'38'' East 60.38 feet to the TRUE POINT OF BEGINNING, said point being also on the boundary of the land described in the deed to the State of California recorded March 11, 1969 in Book 7441, page 211 of said official records; Thence, along said boundary, being a non-tangent curve concave Easterly having a radius of 800.00 feet, a radial line of said curve, passing through said point bears South 84o52'02'' West, South- easterly through a central angle of 00044'28'' an arc distance of 10.35 feet to a point, a radial line of said curve passing through said point bears South 84o07'34'' West, said point being also the point of intersection with a non-tangent curve concave Easterly having a radius of 1148.00 feet, a radial of said curve passing through said point bears South 86°21'57" West; thence, Southeasterly along said curve through a central angle of 08© 25'05" an arc distance of 168.67 feet to a point, a radial of said curve passing through said point bears South 77o56'52'' West; thence leaving said curve, South 72°09'11'' West a distance of 15.06 feet to its point of intersection with a non-tan- gent curve concave Easterly having a radius of 1163.00 feet, a radial line of said curve passing through said point bears South 77o52'02'' West; thence, Northwesterly along said curve through a central angle of 08o59'02'' an arc distance of 182.36 feet to a point, a radial of said curve passing through said point bears South 86o51'04'' West; thence leaving said curve, North 84o52'08'' East a distance of 14.61 feet to the TRUE POINT OF BEGINNING. RESOLUTION NO. 76-5 PAGE TWO WHEREAS, the City Council of the City of Santa Ana finds that the use of the above described land by the said Bryn Berge or his successors or assigns, as hereinafter set forth, does not unduly interfere with the use and enjoyment by the public of the right-of-way for street purposes of South Main Street, or with the interests of the City of Santa Ana, provided that the said Bryn Berge and his successors or assigns comply with certain conditions, covenants and restrictions as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED that, subject to the following conditions, covenants and restrictions, the City of Santa Ana does hereby give revocable permission to Bryn Berge and to his successors and assignees in interest in the real property located at 4131 South Main Street (hereinafter referred to as "Permittee") to use the above described land. BE IT FURTHER RESOLVED that the effective date of the permit herein given shall be the date on which Permittee files with the City Clerk of the City of Santa Ana his written, signed and notarized acceptance of this permit and the conditions, cove- nants and restrictions upon which this permit is given; provided, however, that this permit shall be null and void if such filing is not made within sixty (60) days of the date of adoption of this Resolution; and provided further that, if the Permittee has not acquired title to the real property located at 4131 South Main Street at the time of such filing, this Permit shall not become effective until such time as the Permittee does acquire such title. BE IT FURTHER RESOLVED that the conditions, covenants and restrictions upon which this permit is given are as follows: 1. Permitted use. This permit is granted upon the express condition that the above described land shall be used by Permittee for the following sole and exclusive purposes, and for no other purposes, to wit: Landscaping, pedestrian access, and vehicular access and parking in conjunction with and incidental to the use and occupation of the real property at 4131 South Main Street, including such improvements as may be neces- sary or convenient for such purposes, subject to all restrictions imposed by law. Permittee covenants, by accepting the terms hereof, that he will not occupy or use the said above described land or permit the same to be used for any purpose other than that specified herein. 2. Term. This permit shall remain in effect until revoked by the City of Santa Ana at such time as the City Council of the City of Santa Ana may determine that the above described land shall be improved for public purposes. Such revocation may extend to the whole of the above-described land or to any portion thereof, may be with or without notice, and shall be without liability. 3. Use and Maintenance. The use and maintenance of the above described land shall be at the sole cost and expense of Permittee, and Permittee shall comply with any directive of the City's Director of Public Works directing the abatement of any condition on the above described land determined by RESOLUTION NO. 76-5 PAGE THREE the Director to be detrimental_ to the public safety, such abatement to be in the manner prescribed by the Director, includ- ing the construction, alteration, or removal of any improvements. 4. Indemnification. Permittee covenants to indemnify and save harmless the City of Santa Ana, its officers and employees, from any and all loss, liability, damage, or injury, and from any and all suits, claims and actions brought by any person or persons for or on account of any loss, injury or damage caused by or arising or resulting from the use or main- tenance, of the above described land, or in the course of any activity of Permittee, its agents, employees, or contractors in connection therewith, or in consequence of the failure of Permittee to comply with or do all things required by or mentioned in this resolution. 5. Increased Cost of Maintenance. Any increased cost to the City of operating, maintaining, reconstructing, repair- ing or improving South Main Street which results directly or indirectly from Permittee's use or maintenance of the above described land shall be borne by Permittee and reimbursed to the City on demand. 6. Subordination to Public Use. The revocable per- mission herein given is subject and subordinate to the continu- ing right of the City, its successors, assigns, contractors, permittees, licensees and members of the general public to use and maintain the above described land for any and all municipal purposes, and subordinate to the continuing right of public utilities to use the same for utility purposes and facili- ties, and Permittee hereby expressly waives and releases any and all claims and causes of action which it may have at any time against the City, its officers and employees, for or on account of any and all damage to the above described land, and for and on account of any and all injuries or damages which it may incur arising or resulting at any time from any cause, including but not limited to, the improvement, repair, maintenance, recon- struction and use of South Main Street, change of grade, exca- vation for utilities, sewers and other underground facilities by the City or utility companies or other permittees or other authorized persons, the installation and maintenance by the City, utility companies or other permittees of underground facilities within the above described land, and the use or main- tenance of said land for municipal purposes. 7. Compliance with Laws. Permittee shall comply with all laws, rules and regulations of the State of California, the County of Orange, the City of Santa Ana, and all governmen- tal entities, agencies, boards, commissions and bureaus thereof applicable to the privileges herein granted. 8. Removal. In the event that this permit is revoked by the City of Santa Ana, or in the event that Permittee dis- continues the use of the above described land, Permittee shall immediately remove any improvements thereon and shall restore said land to its original condition to the satisfaction of the Director of Public Works of the City. 9. Reimbursement upon Permittee's Breach. In the event that Permittee fails to perform, keep or comply with any covenant, condition, restriction or limitation required by this permit to be performed, kept or complied with by Permittee, City may (but without any obligation so to do) at any time and RESOLUTION NO. 76-5 PAGE FOUR without any notice, and upon condition that such be for the account and at the expense of Permittee and without a waiver of Permittee's said breach, perform any act which if performed by Permittee would cure such breach; and if in so doing the City is required or elects to pay any moneys or do any acts which will require the payment of any moneys or the incurring of any expenses, Permittee covenants to pay to the City, upon demand, such sum or sums of money so paid or incurred by City. 10. Successors. The terms, covenants, agreements, conditions, limitations and restrictions herein contained shall be binding upon the assigns and successors in interest of Permittee in the property at 4131 South Main Street, and all persons who may use, occupy or maintain said property, in accor- dance with the provisions of this permit. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 5t5 day of Januar~ , 197 6. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SANTA ANA ) I, FLORENCE I. M3%LONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- going Resolution was introduced to said Council at its regular meeting held on the 5th day of January , 197 6 , and was at said meeting passed and adopted by the follow- ing vote, to wit: AYES, COUNCILMEN: Evans, Ward, Bricken, Garthe, Brandt NOES, COUNCILMEN: None ABSENT, COUNCIIAMEN: None 0rtiz, Yamamoto, APPROVED AS TO FORM: KEITH L. GO~ CITY ATTORNEY CLERK OF THE COUNCIL