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Home My WebLink AboutWELCH, JAMES K. JR & SANDRA-2004 N-2005-070 ~ A I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder 111111111111111111111111111111111111111111111111111111I11111111111111111111 NO FE E 2005000857224 04:12pm 10/25/05 11545 E01 8 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF SANTA ANA CLERK OF THE COUNCIL 20 CIVIC CENTER PLAZA POST OFFICE BOX 1988 SANTA ANA, CA 92702 FREE RECORDING GOVERNMENT CODE S6103 EASEMENT AGREEMENT (\ This Agreement is entered into on ",...--" \-z.... , 2004, by and between JAMES K. WELCH, JR. AND SANDRA WELCH "Property 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 1009 North French Street in the City of Santa Ana, and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference (the "Property"). B. 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 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 Property Owner grants 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. 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. Page 1 of 4 3. DUTIES OF CITY .. City agrees to provide the Marker at no expense to the Property owner and 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 Property Owner acknowledges 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 TO PROPERTY OWNER: Mr. and Mrs. James K. and Sandra Welch 1009 North French Street 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. Page 2 of 4 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 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 of law. This Agreement shall be effective on the day and year first written above. PROPERTY OWNER Date: ':5\ \'2.\ 0'-\ \ "\ \<, C "),00_.,\ Jame K. Welch, Jr. Date: S!p-)fY+ kk- {{hdJ dra Welch ATTEST: CITY OF SANTA ANA ~. '-C:C'~ Co.-uLJ' - - 7' "f-'-- Patricia E. Healy Clerk of the Council ~~ City Manager Page 3 of 4 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: RECOMMENDED FOR APPROVAL: By: Stephen G. Hardin Executi ve Director of Planning & Building Agency .' Page 4 of 4 State of California County of Orange }SS. 6/ leX / () Lf- : Date , before me, Rosa S. Barela. Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") On personally appeared James K. Welch, Jr. and Sandra Welch Name(I)ofSigner(l) ROSA S. BARELA . Commission # 1303103 :z. ~ ,.. Notary Public - Carrfomia ! Z . Orange County t i My~:..~res_~30.:~ -- - - - W personally known to me 10 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-is/@ subscribed to the within instrument and acknowledged to me that ~ executed the same in ~ authorized capacity(ies), and that by ~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W~ my hand and official seaL ~yf-~ signature ofNowy Publio:: Placc: Nmarv Seal Above State of California County of Orange }SS. On , before me, Name and Title ofOflicer (e.g., "Jane Doe. Notary Public') Date personally appeared N8lTE(,)orsiper(,) D personally known to me D 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 ofNolary Public . PlaceNolarySea!Above , . EXHIBlT 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.