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 ,
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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-
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9 tifcicate MWO$"ry to aocam@lirh said regsrdin.
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10 APOPM this 3r 4W vi
11 i (r
12 Vice-Rd"S
13 ATTEST:
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