HomeMy WebLinkAboutC-962 - Off-Street Parking Agreement0 0
August 27, 1975
Community Development Department
Attention: Richard Hogan
Release and Ouitclaim of the Off- Street Parking Agreement
with Gene and Estelle Rolln, 206 -212 Riverside Avenue
Attached is a copy of the Release and Quitclaim for the
above agreement which was recorded by the County on
August 18, 1975, Rook 11486, Page 1494.
The Council authorized this release by the adoption
of Resolution No. 8571 on August 11, 1975.
Laura Lagios
City Clerk
LL:swk
enc.
cc- City Attorney
CITY OF NEWPORT BEACH
CALIFORNIA
City [fall
August 14, 1975
3300 W. Ncwpo rt filed.
Area Code 714
673 -2110
Mr. J. Wylie Carlyle, County Recorder
P. 0. Box 238
Santa Ana, CA 92702
Attached for recordation is RAleasa ana QlAtrJaim
from City of4i"ort Reach and Gems and Estelle Rolla
for purposes. release of off site pet4tifts agreemnt
x Authorized by Resolution No. g
City Manager authorized by Resolution No. 6773 to accept
easement deeds.
Laura Lagios
City Clerk
LL:swk
enc.
7 / G�k:�`�L •
`.' s i i 1975
By the C:i i Y CUUNCiL
CITY QF k4RW?Q9LT KACH
CITY OF NEWPORT BEACH
Office Of
CITY ATTORNEY
TO: The Honorable Mayor and Members
of the City Council
FROM: Dennis D. O'Neil
City Attorney
0
August 11, 1975
SUBJECT: Release of Off -Site Parking Agreement
206 and 212 Riverside Avenue
H -2 (f)
On April 12, 1965, the City entered into an Off -Site Parking
Agreement regarding property located at 206 and 212 Riverside
Avenue. The Agreement contemplated the establishment of an
office building on the subject property which required twenty -
three off -site parking spaces. The agreement further provided
that the parking was to be located on one lot, the building on
another. Since that time, there has been no development on the
property.
Resubdivision No. 450 authorizes the combining of the two lots
and the property has been rezoned from R -1 to C -1 -H. Therefore,
the Off -Site Parking Agreement is no longer needed because any
use on the subject combined parcels would provide the necessary
on -site parking on the single parcel.
The property owner is attempting to sell the property and in order
to clear the title he has requested that the City release and
quitclaim the agreement dated April 12, 1965.
We have prepared an appropriate resolution authorizing the Mayor
and City Clerk to execute the release document, should the Council
wish to facilitate this request.
DENNIS D. O'NEIL
City Attorney
DDO:yz
cc: City Clerk
Community Development Director
..fir
RECORDING REQUESTED BY 'aND 17623
WHEN RECORDED RETURN I , 1486PC 1484
City Clerk -r
City of Newport Beach EXE,4'6 FPT RE0ORC?EL71NOFFICIAL RCCOROS
3300 Newport Boulevard Gc OF ORANGE CG`u+ cacaFa�tn�f,�
Newport Beach, CA. u 9.ti5 AUG 18 1975
Space Above This Line for Recorder's Use
This recording is for the benefit of
the City of Newport Beach pursuant to
RELEASE AND QUITCLAIM Gov't Code No. 6P.3
City Clerk
This Release and Quitclaim executed this 12th day of
August , 1975 by the CITY OF NEWPORT BEACH, a municipal corpora-
tion; WITNESSETH:
WHEREAS, an agreement dated April 12, 1965 by and
between the CITY OF NEWPORT BEACH, a municipal corporation, and
GENE BOLLN and ESTELLE BOLLN was recorded April 15, 1965 in Book
7481, page 808 of Official Records of Orange County, California;
and
WHEREAS, said agreement related to the use of the
property described therein as parcel 1 and parcel 2; and
WHEREAS, conditions have changed on said property and
said agreement is no longer needed to comply with the codes of
the City of Newport Beach dealing with off-street parking;
NOW, THEREFORE, the City of Newport Beach does hereby
release and forever quitclaim to GENE BOLLN and ESTELLE BOLLN,
the City's rights under said agreement in and regards to Parcel 1
described as Lot 44, Tract 1133, as shown on a map recorded in
Book 36, pages 13 and 14, of Miscellaneous Maps, Records of Orange
County, California; and Parcel 2 being lot 40, Tract 1133, as
shown on a map recorded in Book 36, pages 13 and 14, of Miscellaneous
Maps, Records of Orange County, California.
IN WITNESS WHEREOF, this Release and Quitclaim was
executed the day and year first above written.
CITY OF NEWPORT BEACH
By
ATTEST-
Cyty'Clekk�`T
el�/z
RUN
STATE OF CALIFORNIA)
ss:
COUNTY OF ORANGE )
On this 14th day of August , 1975, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared Donald A. McInnis , known to me to be the
Mayor and Laura Lagios , known to me to be the
City Clerk, of the City of Newport Beach, the municipal
corporation that executed the within instrument, and acknowledged
to me that said municipal corporation executed the same pursuant
to a resolution of its City Council.
WITNESS my hand and official seal.
DOROTFIY L. PALEN
q NOTARY PUKIC-CALIFORMA
%tf
PRINC:PAL OFFICE IN
ORANGE COUNTY
VIy Commission Expires Feb. 9, 1977
1 �
Notary Publ' in and for said State
f�u 19'5
RESOLUTION NO. 8 571
a 11
By fye CITY COUNCIL
CITY OF- N GVO*4 *s pGwCN A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING THE
EXECUTION OF A RELEASE AND QUITCLAIM TO
ELIMINATE THE OFF -SITE PARKING AGREEMENT
DATED APRIL 12, 1965 BETWEEN THE CITY OF
NEWPORT BEACH AND GENE BOLLN AND ESTELLE
BOLLN DEALING WITH THE PROPERTY LOCATED
AT 206 AND 212 RIVERSIDE AVENUE, NEWPORT
BEACH, CALIFORNIA.
0
WHEREAS, the City entered into an Off -site Parking
Agreement dated April 12, 1965 with GENE BOLLN and ESTELLE
BOLLN covering lots 40 and 41 of Tract 1133, being 206 and 212
Riverside Avenue, Newport Beach, California; and
WHEREAS, said property was never developed as contemplated
and said Off -Site Parking Agreement is no longer needed or necessary
to comply with the Codes of the City of Newport Beach; and
WHEREAS, said parcels will be combined by virtue of
Resubdivision No. 450, which will make said Off -Site Parking
Agreement no longer necessary or useful;
NOW, THEREFORE, the City Council of the City of Newport
Beach does resolve that said Agreement is no longer necessary
for the compliance with the Codes of the City of Newport Beach
and the Mayor and City Clerk are hereby authorized and directed to
sign the Release and Quitclaim of said agreement and the City Clerk
is authorized and directed to cause said Release and Quitclaim to
be recorded in the Official Records of the County of Orange,
State of California.
ADOPTED this day of , 1975.
ATTEST:
City Clerk
Mayor
HRC:yz
8/5/75
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ow
Ne -w -port, Bew�h
3300 W. New;ort Blvd.
live7po--e-41- Bea , ch, "Calif ® 92660
12806
AGREM,ZTNT
RECORDED AT REQUEST OF
I'm OFFICIAL RECORDS _CTF_
ORANGE COUNTY, CALM
9.05 AM APR 15 1965
J. WYLIE CARLYLE, County Recorder
� W
-01
0
00
REE
THIS AGREEMENT, made and entered into this 12th day of
April, 1965, between the CITY OF NEWPORT BEACH, a municipal corpora-
tion, hereinafter referred to as "City", and GENE BOLLN and ESTELLE
BOLLN, hereinafter referred to as "Property Owners";
WITNESSETH:
WHEREAS, Property Owners are the owners of the following
described real property, hereinafter referred to as Parcel 1 and
Parcel 2, located in the City of Newport Beach, County of Orange,
I State of California:
Lot 41, Tract 1133, as shown on a map recorded in
Book 36, Pages 13 and 14,. of Miscellaneous Maps,
Records of Orange County, California;
Parcel 2
Lot 40, Tract 1133, as shown on a map recorded in
Book 36, Pages 13 and 14, of Miscellaneous Maps,
Records of Orange County, California;
I and
WHEREAS, Property Owners propose to construct an office
building on said Parcel 1 which is located in a C -1-H zone of the
City in which off-street parking is required by the Newport Beach
Municipal Code as a condition of the proposed use; and
WHEREAS, Property Owners propose to provide off-street
parking on Parcel 2 in order to meet the requirements of said Code
regarding off-street parking for the proposed use on Parcel 1; and
WBEREAS, said Code, reference to which is hereby made for
the details thereof, permits off-street parking to be provided on a
separate lot from the building site upon approval of the City
Council and the execution of an agreement between the City and the
owners of the property providing for the maintenance of the off-str
parking on the separate lot for the duration of the proposed use on
the building site; and
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BOOK 74$4 PAGE S09
E, Property Owners hereby represent that they are
the only persons having an interest in said Parcel 1 or Parcel 2;
WHEREAS, subject to the execution of this agreement and
its recording in the County Recorder's office, the City Council
has approved the use of said Parcel 2 for parking in connection
with the proposed use on Parcel 1 in accordance with said Code;
NOW, THEREFORE, the parties agree:
1. On or before the date the proposed building on
Parcel 1 is completed, Parcel 2 will be established and improved
and thereafter maintained as a parking lot for use in connection
with said proposed use on Parcel 1.
2. Said parking lot on Parcel 2 shall contain not less
than twenty-three (23) parking spaces 10' x 18' in size.
I 3. Property Owners agree to maintain said parking lot
on Parcel 2 and to provide thereon the number of spaces herein
agreed upon for as long as Parcel 1 or the proposed, building to be
erected thereon is used for any purpose which under the laws and
ordinances of City requires that number of off-street parking spaces
in connection with such use. City is not hereby restricted from
legislative, administrative, executive, or quasi -,judicial action
with respect to either parcel of property as such action may now or
hereafter be authorized or undertaken. Should a change in use or
additional use of either parcel be proposed, the applicable regula-
tions of City shall apply.
4. This agreement is made upon the condition that if
in the future the Property Owners with the specific approval of
the City Council provide a substitute parking area, plan, or
system, at least equal in number of parking spaces to those to be
provided hereunder, then this agreement shall cease and be of no
further effect, and the City shall execute a quitclaim in favor of
Property Owners releasing all claims and interests it may have by
2.
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'BOOK `7484 PAGE810
reason of this agreement.
5. This agreement shall run with all land herein
described and shall bind the successors of thepresent ownern
thereof and shall be recorded in the office of the County Recorder
IN WITNESS WITAREOF, the parties hereto have executed th-!-a
agreement as of the day and year first above written,
CITY BEAC l
By
Mayor
Attest:
]IL t y U re—i EF
CITY
-GENEBOIIzN
ESTELLE BOLIN
PROPERTY OWNERS
STATE OF CALIFORNIA
Ss
COUNTY OF ORANGE
On this /'�ff`�day of April, 1965, before me, the under-
signed, a Notary Puttic in and for said County and State, personally
appeared PAUL J. GRUBER and MARGERY SCHROUDER, known to me to be
the Mayor and the City Clerk, respectively,. of the CITY OF NEWPORT
BEACH, the municipal corporation that executed the within instrument
and acknowledged to me that said municipal corporation executed the
same pursuant to a resolution of its City Council.
WITNESS my hand and official seal.
. ......... ............ . .... .......
N9 d 7
T1
Notary Pu lic in and for
said County and State
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BOOK 70484 PAGE
STATE OF CALIFOMIA )
ss
COUNTY OF ORANGE
On this day of April, 1965, before me, the'under-
signed, a Notary P—uUT'Ic in and for said County and State, personall,
appeared GENE BOLLN and ESTELLE BOLLN, known to me to be the person'
�
whose names are subscribed. to the within instrument and acknowledge(
that they executed the same.
WITNESS my hand and official seal.
4e '4--,
PALr;".
said County and State
Notary Public in and for
..........
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WHMMS, the ft"ortseach Municipal Cade provides that
off-street parking any be provided ed s a ;site ether than the build-
ing site on condition that an agreement between the property ewer
and the City is executed and recorded providing that the off-
street parking *hall be provided and maintained on a des teed
parcel of land for the duration of the proposed use or use* on the
building site or siteco. and
WHERUSp Can# Balln and Estelle Bo In wish to construct
an offices building can Lot 41a Tract 1133,0 in the City of ort
Beach: and are willing to pr ft the off-street parking an Lot 401,
'bract 1133, in: Newport Beach; and
Ss on agreement has been prepared under which it is
agreed that said off-site parking will be provided and maintained;
Vowt THERSPIMS BE IT RESOLVED that the City Council
hereby approves said agreement and the Mayor and City Clark are
an borixed and directed to mute the same on behalf of the .ty*
Will -1 INTM-M T.7717rj
and directed to record said a t end execute any certificate
AWMD th is12th day of ; pxil -7
mayor
April 309 1965
Mrs. Estelle Bolin
206 Riverside Avenue
Newport Beach, California
Dear Mrs. Bolin:
Attached is a copy of the agreement between the City of Newport
Beach and Gene Bolin and Estelle Bolin which was recorded in the
official records of Orange County, California, on April 15, 1965,
as instrunnt No. 12806, and recorded in Book 7484 at page 806,
at seq. I am also attaching a copy of Resolution 6126 adopted
by the Council of the City of 11ewport Beach on April 12, 1965,
authorizing subject agreement.
MS /mjc
Encl.
cc: City Attorney
Planning Director
Building and Safety Director
Very truly yours,
Margery Schroeder
City Clark
City of Newport Beach
• i
April 30, 1965
Mrs. Estelle Bolln
206 Riverside Avenue
Newport Beech
Dear Mrs. Bolln:
Attached is a copy of the agremeent between the City of Newport
Beach and Gene Bolln and Estelle Bolln which was mooarded in the
official raoords of Orange Comfy, California, on April 15, 1965,
as instriment No. 12806, and recorded in Book 7484 at page 8009
et sec. I am also attaching a copy of Resolution 6126 adopted
by the Council of the City of Newport Beach on April 12, 1965,
authorizing subject agreement.
Vey truly yam.
Margery Schrouder
City Clerk
City of Newport Beach
MS /mjc
Encl.
cc: City Attorney
P1armig"Diractor
Building and Safety Director
City Clerk
J. W. Draady, Planning Director
R. A. Glen, Building and Safety Director
April 30, 1965
Margery Schrnuder, City Clerk
Agreement for Maintaining Parking on Lot 40, Tract 1133
Attached is a conformed copy of the agreement between the City of Newport
Beach and Gene Bolln and Estelle Bolln. Said agrement was authorized by
Resolution 6126 adopted by the Council on April 12, 1965, copy of which
is also attached.
MS /mjc
a�
1`
April 14, 1965
Mr. J. Wylie Carlyle
County Recorder
P. 0. Box 238
Santa Ana, California
Dear Sir:
Attached for recordation is an Agreement between the City of
Newport Beach and Gene Bolln and Estelle Bolln. Subject
Agreement was authorized by the Council of the City of Newport
Beach on April 12, 1965, by the adoption of Resolution 6126,
copy of which is also enclosed for recordation.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS /arjc
Encl.
- r
CITY OF NEWPORT BEACH
CITY ATTORNEY
D P TMENT
To: City Clerk
From: City Attorney
April 6, 1965
Subject: Agreement for maintaining parking on Lot 40, Tract
1133
Transmitted are the original and one copy of a proposed agree-
ment between the City and Gene Bolin and Estelle Bolin by which
the Bollns agree to maintain off - street parking on Lot 40, Tract
1133, in connection with the office building proposed to be
constructed on Lot 41, Tract 1133. These have been executed by
Mr. and Mrs. Bolin. An unexecuted copy is also furnished.
The attached resolution, if adopted by the City Council, will
authorize the execution of the contract by the City. It should
be presented to the Council for adoption if, after their con-
sideration of the matter, they decide to approve the off - street
parking on a separate lot from the building site. Thereafter,
eafter,
orrice ana...cop].es iied w
as required bLSecti9n 91
an executed _cpy. sho , d b
Riverside Avenue, Newport
THS:mec
Encs.
cc - City Manager
Planning Director
Building and Safety
T If H. Se r '
City Attorney
,1
COUfr,^,IL: ,
G'iSFi SIPON; t
Director
j i ILE:
s,
ri,
v
1i
CITY OF NEWPORT BEACH
CALIFORNIA City Hall
3300 W. Newport Blvd
Area Code 714
673 -2110
April 7, 1965
Honorable City Council
City of Newport Beach
Newport Beach, California
Dear Mayor and Gentlemen:
The Planning Commission, at a regular meeting on March
18, 1965 recommended to the City Council approval of a
request of Estelle Bolln to have off site parking to
be used in connection with off street parking require-
ments for a C-1 -H lot at 206 Riverside, Newport Beach.
Under Section 9104.21(b) of the Newport Beach Planning
and Zoning Regulations the owner or owners, and the City,
upon approval of the City Council, must execute a written
instrument providing for the maintenance of the off site
parking for the duration of the use for which off street
parking is required.
The City Attorney will have available the necessary
documents for adoption if the City Council concurs in
the action taken by the Planning Commission.
Very truly yours,
PLANNING COMMISSION
B'
jwD : hh
I
r� PROPOSED OFF- S17E
PARKING
i 'Q iT7�w
A J��� 501 61152
Wo
_ TUSTIN AVE,
C/ TY OF NEWPORT BEACH CALIF.
V ICINITY MAP
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