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Home My WebLink AboutHERITAGE VILLAGE OC LLC -2016°j g ° {tx s WHEN RECORDED RETURN TO; City of Santa Ana 30 20 Civic Center Plaza (M -19� Santa Ana, CA 92702 @1 {Space above this line RESTRICTIVE COVENANT f� This Restrictive Covenant ( "Agreement ") is made and effective 2016, by Heritage Village OC LLC, a Delaware limited liability company ( "Site Owner"), and the City of Santa Ana, a charter city and municipal corporation ( "City "), with reference to the following Recitals: Recitals A. Site Owner is the record owner of Lots 1 -4, A and B (each a "Lot" and collectively, the "Project ") as shown in Tentative Tract Map 17962 (the "Tentative Map "), APN 430- 221-24, 01 and 02. Above - ground improvements exist currently straddling various portions of the lot lines between two or more contiguous Lots ( "Improvements "). B. Site Owner wishes to record Tract Map 17962 ( "Map "). But for this Agreement, the City would impose a condition precedent to Map recordation that all Improvements be first demolished and removed so that no Improvements straddle any Map interior Lot lines ( "Demolition "). In order to allow the Demolition condition to be satisfied after Map recordation, Site Owner agrees as follows: 1. Site Owner covenants to achieve Demolition substantial completion ( "Demolition Completion "). Promptly upon Demolition Completion, City shall issue a written governmental signoff ( "Signoff "). 2. Until Demolition Completion, as evidenced by receipt of the Signoff, Site Owner shall not convey record title to any individual Lot or any other portion of the Project ( "Prohibited Transfer "); and any attempted or involuntary Prohibited Transfer shall be void. 1 Site Owner, on behalf of itself and its successors and assigns, hereby irrevocably and unconditionally releases, acquits and forever discharges the City from and against any and all claims, obligations, liabilities, losses and damages of every kind and character whatsoever in law or equity, federal or state, asserted or unasserted, accrued or unaccrued, express or implied, foreseen or unforeseen, real or imaginary, suspected or unsuspected, known or unknown, liquidated or non - liquidated, of any kind or nature or description, in each case relating to or arising from, in whole or in part from the City recording the Map prior to Demolition Completion. The provisions of this Section 3 shall survive the termination of this Agreement. 4. The obligations herein constitute a restrictive covenant: (1) binding on the Project and the Site Owner, its successors and assigns; and (2) constitutes a covenant running with the DyeARestrictive Govenant -1 land. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Project to the general public or for the general public or for any public purposes whatsoever. 5. This Agreement shall terminate automatically, without further action of any person, on Demolition Completion, as evidenced by receipt of the Signoff. If requested, City shall confirm termination in a writing in recordable form. This Agreement may be otherwise terminated or amended only with the written agreement of the Site Owner and the City, in a proper instrument duly executed and acknowledged that is recorded in the office of the Recorder of Orange County, California. This Agreement is for the benefit of, and binding on, the parties hereto and their successors and assigns. In witness whereof, City and Site Owner have executed this Agreement as of the above date. City: The City of Santa Ana, Orange County, Californ By�- Da ' Cavazos, City M 2r ger Site Owner: Heritage Village OC LLC, a Della pare limited (r By: I a " comga�ty ✓ ®._ _. Apeew W. Colquitt, Authorized Party ATTEST, MARIA D HU17AR CLERK OF THE COUNCIL Dyer \Restrictive Covenant -1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 0�� ) On Z_beforeme, USA f!. �/LSI Lloitfyy Date r\\ Here Insert Name and Title of the Officer personally appeared cGVn— Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personK whose name(sf is /are subscribed to the within instrument and acknowledged to me that he/she/" executed the same in his4ho6Ettheir- authorized capacity(ier6j), and that by his/her/ 1:tieir signature,K on the instrument the personoy,, or the entity upon behalf of which the persongacted, executed the instrument. ROSA A. FLORES Commission # 2057129 Notary Public California 9e - i My Orange County n Comm. Expires Fah 7,..2018 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature c �3 IGL L1 a Ib)11y Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual []Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 2016 before me, Notary Public, personally appeared Andrew W. Colquitt who 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 his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature This area for official notarial seal. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of _ County of On , 2016 before me, I Notary Public, personally appeared who 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 his /her /their authorized capacity(ies), and that by his /her /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. Signature This area for official notarial seal. Dyer \Restrictive Covenant -1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On June 29, 2016 before me, Katherine J. Butler, Notary Public (insert name and title of the officer) personally appeared Andrew W. Colquitt who proved to me on the basis of satisfactory evidence to be the son(s) whose name(s)T/ are kZscribed to the within instrument and acknowledged to me that�she /they executed the same in 1 fier /their authorized capacity(ies), and that by & her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KATHERINE J. BUTLER Commission # 2083148 WITNESS my hand and official seal. Z . Notary Public - California z z Orange County M Comm. Expires Sep 25, 2018 Signature (Seal)