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HomeMy WebLinkAboutC-1161 - Off-Street Parking Agreement, convalescent hospital-MAIL M Laurs Lagios, City C_ ------ - 3300 W. _Newport Blvd. 11927 Newport Beach, California 92660 A G R E E M E N T - :��i 8523 8 RECORDED AT REQUEST OF •TY OF td'VJ,S DRT DFACIA IN OFFICIAL REECORDS OF ORANGE COUNTY, CALIF. 9A AM FEB 21 1969 J. WYLIE CARLYLE, County Recorder THIS AGREEMENT made and entered into this E day of., `, 196_E,, between the -CITY OF NEWPORT BEACH, a municipal orporation (hereinafter called "City"), FACTORY DEVELOPMENT CORPORATION, a California corporation, (hereinafter called "Factory") and VILLA MONTEREY, a Limited Partnership, KENNETH W. McCULLOCH, General Partner, (hereinafter called by its full name, "Villa Monterey"). Recitals A. Factory is the owner of that certain real property presently improved with an eight -story professional office building, now known as the "Park Lido Building", including appurtenant improved areas for the parking of motor Vehicles, ingress and egress roadways and driveways, walkways and landscaping, located Southeasterly of Flagship Road, Southwesterly of Patrice Road and Northerly and Northeasterly of Hospital Road, in the City of Newport Beach, County of Orange, State of California, as said Park Lido Building property is more particularly depicted on the. Plat Map attached hereto entitled "sketch to accom- pany legal description" and marked Exhibit "D". B. Villa Monterey is the owner of that certain real property located Easterly of the property of Factory and Northerly�of Hospital Road, as said real property is more particularly described in Exhibit "B" attached hereto and by this reference thereto incorporated herein (here- inafter called the "Villa Monterey Property"). P �1- RECEIVED CIYY CLERK MY OF NEWPORT BEACH, CAIN BricY 8523 PI,CE 831 C. Factory, as successor by merger to Long Beach Leasing Corporation, is a limited partner of Villa Monterey; an instrument prepared and executed on behalf of Villa Monterey for the purpose of complying with the Uniform Limited Partnership Act, as set forth in Title 2, Chapter 2 of the California Corporations Code, entitled "Certificate of Limited Partnership of Villa Monterey" was recorded on 13 September 1967 as Instrument No. 7663 in Book 8371, Page 141, of. Official Records in the office of the County Recorder of Orange County, California. It is acknowledged by all parties hereto that the status of Factory, as a limited part- ner of Villa Monterey in accordance with the Agreement of Limited Partnership between Kenneth W. McCulloch and under the Uniform Limited Partnership Act of California, shall not be affected or modified by reason of the execution of this agreement. D. Attached hereto and given the exhibit de- signations hereinafter stated are legal descriptions re- lating to the following properties: Exhibit Designation tiA i i UN nC n Intended Use Covered By Legal Description Existing 30 -foot and 20 - foot access road from Hospital Road Access area to 17 Parking Spaces 17 standard size automobile parking spaces The property described in Exhibit "A" is de- signated as "Parcel 'A' in Exhibit "D"; the property described in Exhibit "B" is designated as "Parcel 'B' in -2- achy, 8523 F),,a 832 Exhibit "D", and the property described in Exhibit "C" is designated as "Parcel 'C' " in Exhibit "D". E. Villa Monterey intends to construct a 200 -bed convalescent hopsital on the Villa Monterey property, which bears zoning designation under City's zoning ordinances of R-3 and C -O -H. Villa Monterey has been issued Use Permit 1285'by City permitting the construction of said convales- cent hospital and appurtenant improvements, provided that Villa Monterey complies with certain conditions imposed by said Permit. This Agreement has been prepared and executed for the purpose of complying with Conditions 2, 3 and 4 of said Permit. NOW, THEREFORE, in consideration of the approval of City of Villa Monterey's intended use of and construction of improvements upon the Villa Monterey property, and in consideration of the premises, the parties hereto agree as follows: 1. For so long as the convalescent hospital building to be constructed by Villa Monterey continues to exist, the existing improved 17 parking spaces located on the property described in Exhibit "C" may be used by the occupants, customers, employees and business invitees of the Villa Monterey property. 2. For so long as the convalescent hospital building and the parking structure to be constructed by Villa,Monterey on the Villa Monterey property continues to exist, the existing 30 -foot and 20 -foot driveway described in Exhibit "A" from Hospital Road to the access area for the 17 parking spaces may be used by the occupants, -3- BGOK $523 PACE 833 customers, employees and business invitees of the Villa Monterey property. 3. For so long as the convalescent hospital building to be constructed by Villa Monterey continues to exist, the access area described in Exhibit "B" to the 17 parking spaces described in Exhibit "A" may be used by the occupants, customers, employees and business invitees of the Villa Monterey property. 4. Factory and Villa Monterey agree with City to maintain the said real properties described in Exhibits "A"It "B" and "C " in a manner suitable for the purposes respectfully intended. The foregoing sentence shall not 4 create nor is it intended to create any third party bene- ficiary rights in the general public or the occupants, customers, employees or business invitees of the Villa Monterey property or the property of Factory. As between Villa Monterey and Factory, it is agreed that they will share in the costs of maintenance, upkeep and repair of the properties described in Exhibits "A it "B" and "C". or any substituted properties to be used for the same purposes, including but not limited to rea- sonable hazard.insurance premiums and taxes thereon, costs of sweeping, striping, bumpering, lighting and relamping, landscaping, maintenance and watering, etc. in the ratio as the square footage of said real properties described in Ex- hibits "A", "B" and "C" bears to the total square footage of all property used for parking purposes and access drive- way for the Park Lido Building. Periodically, upon demand, Villa Monterey will pay to Factory Villa Monterey's per- centage share of real costs and expenses. Factory's re- cords relating to such costs and expenses will be available -4- ro�'.8523 F -,act 834 for reasonable inspection by or on behalf of the owner of the Villa Monterey property. 5. Villa Monterey agrees to hold Factory harmless from and indemnified against all claims or judgments arising from the use by the occupants, customers, employees or business invitees of the Villa Monterey property of the property of Factory. 6. The property of Factory described in Exhibits "A", "B" and "C" is now graded and improved for the pur- poses set forth herein. Villa Monterey agrees to conform to such grades in the construction and completion of the improvements to be made by Villa Monterey. 7. Factory may determine to further improve the property of Factory, which such improvements might necessitate a change in the location of the 17 parking spaces located on the property described in Exhibit "C" and/or a change in the access to such parking spaces described in Exhibit "B". Factory may also determine to relocate or modify the access driveway described in Ex- hibit "A". Consequently, this agreement is made upon the condition that if in the future Factory with the approval of the City shall,provide a substitute parking area, plan or system at least equal,to the 17 parking spaces provided for herein, with access thereto, and/or a sub- stitute access driveway to the Villa Monterey property from Hospital Road, as provided for herein, then this agreement as to the property so removed from the effect hereof shall cease and be of no further force or effect, and.the.City and Villa Monterey shall execute, acknowledge and deliver a quitclaim deed or other appropriate instrument -5- ncF, 8523 f'ACE 35 for the purpose of releasing all claims and interests which the City or Villa Monterey might have in and to the real property.so released from the effect hereof. 8. The only property of Factory affected hereby are the parcels described in Exhibits "A", "B" and "C" attached hereto. 9. City is not hereby restricted from legis- lative, administrative, executive or quasi-judicial action with respect to the Villa Monterey property or the pro- perty of Factory. Should a change in use or additional use of either the Villa Monterey property or the property of Factory be proposed, then the applicable regulations of City will apply. However, the uses of the real pro- perty of Factory described in Exhibits "A ", "B" and "C" shall be subject hereto and bound hereby only for' so long as a.convalescent hospital is in existence on the Villa Monterey property. 10. This agreement shall run with the real properties described in Exhibits "A", "B", "C" and "E", attached hereto, and shall bind the successors and assigns of the parties'hereto and it shall be recorded in the Office of the County Recorder of Orange County. 11. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the properties described herein to the general public or for the general public or for any general public purpose whatsoever, it being the intention of the parties hereto that this agree- ment shall be strictly limited to and for the purposes herein expressed. M rc,K8523 F,Icr 836 If any clause, sentence or other portion of these covenants and restrictions shall become illegal, null or void for any reason or shall be held by any court of competent jurisdiction to be so, the remaining portions shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. CITY OF,NEWPORT BEACH By Vice Mayor ATTEST: "FACTORY" VILLA MONTEREY, a Limited Partnership, KENNETH W. McCULLOCH, General Partner B#Kenne W. c Cu 1oc -7 - .eeK STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On this day of 19, before me, the undersigned, a Notary; -Pub c In 4hd for said County and 4SStte, peronally appeared and-, known tome to e the ayor and y Cler ,spec vi ely, of the CITY OF NEWPORT BEACH, the municipal corporation that executed the within instru- ment, 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. i a DOROTHY L. PALE NOTARY PdBLIC CALIFORNIA PRMCIP,AL OFFICE IN i 8 ORANGE COUNTY i STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES kn�Z4 -) 0� (?aie'v— Notary-P4blic in and icor said County and State My Com' 1410n Expires Feb. 9, 1949 On this M day of196 before me, the . undersigned, a Notary u in fo said County and S so te, perally ppeared 27) and ���, know o me o e t4 President and Secretary, respectively, of FACTORY DEVELOP NT CORPORA- TION, the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation herein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. ....,,,,,,.„i„�„�, Lima -A J a VEPYT NJTH <Y Y.i6L C CAl_EFb.1FYPJrA Q ��� :Cl.�. vrs ac �, 3 Rota* Public in an ° LO ANGELES COUNTY My Commission Expire, Jan. 7, 1972 said County and State STATE OF CALIFORNIA ss. COUNTY OF On this day of7s�/ulq? y 1966 before me, the undersigned, a NotaryuP blic in and for said County and State, personally appeared KENNETH W. McCULLOCH, known to me to be a General Partner of VILLA MONTEREY, a Limited Partnership, who executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. ” ALBERT G. WiNeAtg Nq ARY PUSLi N Los Angeles Co., Caallf"'i a Public n anof or Mq Commission Cxplras s id County and Stat -6 ”" June 22, 1963 va 8523 FftH 838 LEGAL DESCRIPTION PARCEL "A " All that certain land situated in the State of Califor- nia, County of Orange, City of Newport Beach, described as follows: That portion of Lot 169, Block 2 of Irvine's Subdivision, as shown on a Map recorded in Book 1, Page 88, of Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at the intersection of the Southerly line of the land conveyed to John B. Kilroy per deed recorded in Book 6297, Page 730, of Official Records of said County and that certain line designated as "N.0014125"E:, 111.51 feet", as said intersection is shown on a Map recorded in .Book 84, Page 20 of Records of Surveys, in the office of the County Recorder of said County; thence N.0014125"E. along last mentioned line a distance of 111.51 feet to a point in a line parallel with and distant 324-50 feet Southeasterly, measured at right angles, from the Southeasterly line of Tract No.. 4692 as shown on a Map recorded in Book 164, Pages 22 through 25 of Mis- cellaneous Maps, Records of said County; thence N.40000100"E. along said parallel line a distance of 190.0+ feet to a point in a line which is parallel with and distant South- westerly 21.00 feet, measured at right angles from the Southwesterly line of the land shown on a Record of Survey Map recorded in Book 80, Page 37, Records of said County; thence N.50000100W, along last mentioned parallel line a distance of 20.00 feet; thence at right angles S.40000100"W. a distance of 212.86 feet; thence S.0014125"W. a distance of 10+.87 feet to said Southerly line of said land conveyed to John B. Kilroy; thence 5.8601+'05"E. along said Southerly line a distance of 30.06 feet.to the point of beginning. EXHIBIT "A" All that certain County of Orange, follows: Brn8523 PAGE LEGAL DESCRIPTION PARCEL "B" land situated in the State of California, City of Newport Beach, described as That portion of Lot 169, Block 2 of Irvine's Subdivision, as shown on a Map recorded in Book 1, Page 88 of Mis- cellaneous Maps, records of Orange County, California, described as follows: Beginning at a point in a line parallel with and distant Southeasterly 304.50 feet, measured at right angles from the Southeasterly line of Tract No. 4692 as shown on a Map recorded in Book 164, Pages 22 through 25 of Miscellaneous Maps, Records of said County, said point being also distant Southwesterly 21.00 feet, measured at right angles from the Southwesterly line of the land shown on a Record of Survey Map recorded in Book 80, Page 37, Records of said County; thence N.50000'00"W. along a line parallel with said Southwesterly line a distance of 124.50 feet; thence at right angles S.40000100"W. a distance of 20.00 feet; thence at right angles S.50000100"E. a distance of 12+.50 feet to first mentioned parallel line; thence N.40000100"E. along first mentioned parallel line a distance of 20.00 feet to the point of beginning. EXHIBIT 11 B" BCr, 8523 f)" --GE 840 LEGAL DESCRIPTION. PARCEL "C " All that certain land situated in the State of California, County of Orange, City of Newport Beach, described as follows: That portion of Lot 169, Block 2 of Irvine's Sub- division, as shown on a Map recorded in Book 1, Page 88 of Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at a point in the Southwesterly line of the land shown on a Record of Survey Map recorded in Book 80, Page 37, Records of said County, distant Southeasterly 324.50 feet, measured at right angles from the Southeasterly line of Tract No. 4692 as shown on a Map recorded in Book 164, Pages 22 through 25 of Miscellaneous Maps, Records of said County; thence N. 500 00' 00" W. along said Southwesterly line a distance of 144.50 feet; thence at right angles S. 400,001 0011 W. a distance of 21.00 feet; thence at right angles S. 500 00' 00" E. a distance of 144.50 feet to a line parallel with and distant Southeasterly 324.50 feet measured at right angles from said South- easterly line of Tract No. 4692; thence N. 400 00' 00" E. along said parallel line a distance of 21.00 feet to the point of beginning. EXHIBIT "C n 8523 84 1 LEGAL OESORIPTIOAl joq r,. .,wlIlALVU 165,77 CIVIL CALliORNIA OF S OA I.,E: lcs 47 ? .00100 It 0 DR 90 00 g6. I '.39 ab vla 'Woe TAG .33,15 OS" y z _6297 730._0.2 1,967 POR. LOT 16910 3 / 0 CK 2 IRIIAI,5 S418DIIISIOA1 A116 WRO R 7' BEACH, C-4 I. H Brno 8523 F',IcE 84 2 LEGAL DESCRIPTION (villa Monterey Property) All that certain land situated in the State of California, County of Orange, City of Newport Beach, described as follows: That portion of Lot 169, Block 2 of Irvine's Subdivision, as shown on a Map recorded in Book 1, Page 88 of Mis- cellaneous Maps, records of said County described as follows: PARCEL 1: Beginning at the most Southwesterly corner of Lot 7 of Tract Number 5854 as said Lot 7 is shown on a Map of said Tract recorded in Book 213, Pages 38 and 39 of Miscellaneous Maps, records of said County; thence S. 90 28' 54" W. along the Westerly line and its Westerly prolongation of the land described in a deed to the State of California, recorded in Book 2538, Page 66 of Official Records of said County a distance of 318.17 feet to the Southerly line of the land described in a deed to John B. Kilroy, et al, recorded in Book 6297, Page 730 of Official Records of said County; thence N. 860 141 05" W. along said Southerly line, a distance of X15.23 feet; thence leaving said Southerly line N. 00 141.25" E. a distance of 111.52 feet to a point in a line parallel with and distant 32+.50 feet Southeasterly, measured at right angles, from the Southeasterly line of Tract Number 4692 as shown on a Map recorded in Book 164, Pages 22 through 25, Miscellaneous Maps, records of said County; thence N. 400 00' 00" E. along said parallel line 211.04 feet to the most Southwesterly corner of the land shown on a Record of Survey Map recorded in Book 80, Page 37, Records of said County; thence along said land the following courses and distances: N. 400 00' 00" E. 14.79 feet; along a non -tangent curve concave Northwesterly and having a radius of 50.00 feet, through a central angle of 1620 09' 08" and an arc distance of 141.51 feet; N. 400 00' 00" E. 54.26 feet; along a tangent curve concave Westerly and having a radius of 15.00 feet through a central angle of 900 00' 00" and an arc distance of 23.56 feet to a point of tanggency.with the Southwesterly line of said Tract Number 5854; thence S. 500 00' 00" E. along said Southwesterly line a distance of 237.51 feet to'the point of beginning. EXHIBIT "E" LEGAL DESCRIPTION (Villa Monterey Property) PARCEL 2: Kox 8523 Pr�cE 84 Beginning at a point in the Northerly line of the land described in deed to Hoag Memorial Hospital, recorded February 8, 1946 in Book 1398, Page 20 of Official Records; thence N. 00 141 25" E. a distance of 59.11 feet to a point in a line that is parallel with and distant Southeasterly 347.00 feet; measured at right angles from the Southeasterly line of Tract No. 4692, as shown on a Map recorded in Book 161, Pages 22 through 25, inclusive of Miscellaneous Maps, Records of said Orange County (said point being also the true point of beginning of this description); thence continuing N. 00 141 25" E. a distance of 35.15 feet to a point in a line that is parallel with and distant South- easterly 324.50 feet, measured at right angles from said Southeasterly line of Tract No. 4692; thence N. 400 00' 00" E. along last mentioned parallel line a distance of 181.79 feet to a point which is distant 41.04 feet from the beginning of a non -tangent curve concave Westerly and having a radius of 50.00 feet (a radial line through said point of beginning bears S. 50 11+' 06" E. and said point is also the Southerly terminus of that certain 50.00 feet radius curve in the boundary line of the land shown on a Map filed in Book 80, Page 37 of Record of Surveys, on file in the office of the County Recorder of said Orange County); thence S. 500 00' 00' E. a distance of 22.50 feet to a point in the first mentioned parallel line; thence S. 400 00' 00" W. along said parallel line a distance of 211.81 feet to the true point of beginning. EXHIBIT "E" k> 4 yY a /y CiTy i March 12, 1968 Factory Development Corporation c/o John B. Kilroy Co. 351 Hospital Road Newport Beach, California 92660 Attention: John B. Kilroy, President Gentlemen: Transmitted are two duplicate originals of the agreement between the City of Newport Beach, Factory Development Corporation, and Villa Monterey providing for off- street parking for the convalescent hospital to be constructed at 393 Hoeppital Road, Newport Beach. This agreement has been recorded on February 21, 1968, in Book 8523, page 830, Official Records of Orange County. One of the documents is for your records and the other is for Villa Monterey, to whom we would appreciate your sending it. Yours truly, Tully H. Seymour THS:mec City Attorney Atts. cc - Laura Lagios, City Clerk February 20, 1968 Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Mr. Carlyle: Attached for recordation is the executed original agreement between the City of Newport Leach, Factory Development Corporation and Villa Monterey, a Limited Partnership, Kenneth W. McCulloch, General Partner, regarding off -site parking. Said agreement was authorized by the City Council. of the City of Newport Beach on February 13, 1968 by the adoption of Resolution Ho.6700. Very truly yours, Iaura I.agios Citv Clerk City of Newport Beach ih Enc. CITY CLEW CITY ATTORNEY City Clerk March 8, 1968 AGREEMENT WITH VILLA MONTEREY AND FACTORY DEVELOFT= CORPORATION Subject agreement has been duly executed and recorded by the County Recorder. Official Records nimibers of the original are added to the two enclosed copies for your files and for transmittal to Villa Monterey. Laura Lagios - —�- LL:ih Att: 0 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT February 2, 1968 To: City Clerk From: City Attorney Subject: Agreement for off -site parking Transmitted herewith are three copies of an agreement between the City of Newport Beach, Factory Development Corporation and Villa Monterey, a limited partnership, which authorizes off- street parking for the Villa Monterey Convalescent Hos- pital under Use Permit 9x1285. Also transmitted is a resolution of the City Council author- izing execution of the agreement. If approved by the Council the original should be recorded in the Orange County Recorderis office an e r ies returned to this office This is for Council consideration at their meeting on February 13, 1968. TLW:aem Atts. cc - City Manager Planning Director Building Director Tully H. Seymour City 7_-7 rney By ��y�% 2r``t Thomas L. Woodruff Assistant City Atto y .I , r � F, DISPOSITION: a .. 3/ f12) 1 a sc ,a +..fa7gG 2 A RUGUITION W 'TIR CM C(AMIL OF TRZ CM OF OXW= ski AUTAORUIX TIM RUMICN 8P AN 4 5 ..1 n 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 W ii. W. CUUDQK, General Partner, hereinafter referred to by its full MNs "VILLA HOURLY ", desires tw3 construct a 200 -fed convalescent hospital on Por. Lot 163, Block 2, Irvine Sub - "viati.on, more commuly known as 393 Hospital Raaad, Neoport Aboah, and presently atoned 9 -3 and C -U-No. and WUNW1, the required number of on -site parking spaces, as set forth in Uw provisions of the sowing ordinance as sppliaa- ble to 9 -3 and C -ti -ti vas, are not available to VILLA MC Y; WULM", VILIA MDSIMY was. granted a use permit, numbered UP- 1255, by the 8lanaiug Cowcmissian of the City of Newport Beach an July 20, 1967, provided dZUAA WoUrUM cooU obtal a approved off -stroot parking for seen vehicles on a separate lot fxm the building site; and WREP$AB, the Newport Beach *LW Cowie allows off - street PW*iag to be provided on a site other than the building site on condition that an agreement between the property owner and the City is exseuto4 and recorded, setting forth that the olf- street parkin $hall be provided and 084"taLned as a designated parcel of land for the duratioan of the proposed use or "so an the building site or sines, and it is agreed that.YACTOU UVALLOWSM COBEVRCIOM #, as oar of certain properties, now knower as the Park Lido Building, adjacent to the VILIA MDNVJMY property, will provide seventeen parking - paceas for the use of the occupants$ uust+. no", emloyees and siness invitees of the VIVA MGiQrFAW property for so loft as 1 tbO lesseMt hoSPi eal OULIAin CO " OMMUmbigi by VIU A mmftt west l=ms to exist z NOW 3 s TMEXkF=, BE IT ALSOLVID that; Ww caty C&MOU 4 htxeby Wzrovea *04A agrommut an, the ibrW 494 City CIO& age 5 4utUlba1zed and direatod to aMout e the f#ais as tidal! of the 6 7 U XT POTHER USOLVEib that the City clerk is a atbov- 8 sled aad directed to raamrd said agrwr t sari execute my a er- I 9 tifcicate MWO$"ry to aocam@lirh said regsrdin. i 10 APOPM this 3r 4W vi 11 i (r 12 Vice-Rd"S 13 ATTEST: 14 i. t:y cNow 15 16 17 18 19 I 20' 21� 22 23 l 24 I 25 26 27 28 29 30 vl 32 2. _.,...: _ r; .._;.