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
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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
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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.
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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.
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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.
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EXHIBIT C
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