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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 4/1 1 2 3 4 5 6 7 8 9 10 11 i 12 13 14 151 16� 17 18! 19 20 21 22 23 24 25 26 27 28 29 30 KA 32 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 Ev K-4 2I 3 4 5 6 7 8 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28' 29 30 31 32 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. Eil 9 10 11 12 13 14 15�, 16 17 18 19 20 21 22 23 24 25 26 27, 28 29 30 31 .321 '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 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 .......... 4. 11 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31. 32 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 PREPARED BY /J��YT rnf� r DA TE 5 PLANN ING DEPARTMENT R,4VC ( !�✓/` OF!'�J����. DRAWN* NO. " ✓. w. DRA PLANN ING DI RECTOR aTECLE %3oGCN .. L -!C0¢ I