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HomeMy WebLinkAboutC-1212 - Reciprocal parking agreement in connection with Wu-Ben's & Islander Furniture4 i 13447 r,DaSE e' ua:a o: : -- BooK 13993 rA� 7$ LAURA Lr G1�5, CITY CITY OF NEWPO'P,T S:ACJi 3.300 NEWPORT BOULEVARD NEWPORT BEACH, CALIF, 92660 NO jAX UU E A G R E E M E N T .d THIS AGREEMENT, made and entered into this -24th day of i k HAII Frli' y // 3arkasrv' 1969, between the CITY OF NEWPORT BEACH, a Municipal Corporation, (hereinafter called "City ") and THE IRVINE COMPANY, a West Virginia Corporation, (hereinafter called "Irvine ") RECITALS 1. Irvine is the sole owner of that certain real property located southerly of East Coast Highway and westerly of Bayside Drive in the City of Newport Beach, County of Orange, State of California, known as Block 54,Irvine Subdivision, as is more particularly depicted on the parcel map attached hereto and marked Exhibit "A ". 2. On March 7, 1968, Irvine obtained approval for resubdivision of Block 54, Irvine Subdivision, into three parcels shown as Lot A, Lot B and Lot C on the parcel map attached hereto and marked Exhibit "A ". 3. Islander Furniture Store (hereinafter called "Islander ") is the lessee under agreement dated April 30, 1968, from Irvine, of that certain real property described as Lot A and shown on attached Exhibit "A" 4. Anderson and Anich (hereinafter called "Anderson ") is the lessee under agreement dated September 21, 1967, from Irvine of that certain real property described as Lot B and shown on attached Exhibit "A ". 5. Lot A is presently zoned C -1 -H and is to be occupied by Islander for a furniture store. Section 20.38.030 of the Newport Beach Municipal Code requires on -site parking for thirty (30) vehicles based on its contemplated use as a furniture store. RECORDED AT REQUEST OF it k' • _ My OF NEWPopt BEAON '�; - = ,.••� IN OFFICIAL RECOP.DS OF ORANCB COUNTY, CALIF. a... v; Cif 9:05 AM JUN 18 1969 z�1 o.i UC4 >ly `iiC J. WYLIE CARLYLE, County Rom* eooK 8993 raL[ 786 . 6. Lot B is presently zoned C -1 -H and is to be developed and occupied as a combination office building and restaurant. Section 20.38.030 of the Newport Beach Municipal Code requires on -site parking for fifty (50) vehicles based on its contemplated use as a combination office building and restaurant. 7. The total combined parking spaces presently existing on Lot A and Lot B is Seventy (70). 8. An agreement has been entered into by and between Irvine, as lessor, and Islander, as lessee, of Lot A and Anderson, as lessee, of Lot B, whereby Irvine will provide reciprocal on -site parking for the occupants, customers, employees and business invitees of both Lot A and Lot B as a term of the Amendments to ground leases between the parties dated November 21 , 1968, attached hereto marked Exhibit "B -1 ", and November 21 , 1968, attached hereto marked Exhibit "B -2 ". This agreement further provides that access to each parcel from the other parcel has been given to all persons through a grant of cross easements by the lessees. 9. The Planning Commission of the City of Newport Beach on May 16, 1968, granted Variance No. 941 to Irvine, whereby the number of Code required parking spaces was reduced from eighty (80) to seventy (70), provided that upon any change of occupancy of the Islander's Furniture Store, such change shall first be approved by the City Planning Commission as to satisfying parking requirements. NOW, THEREFORE, in consideration of the approval by City of Irvine's intended construction and use of and improve- ments upon the Irvine property through the granting of Variance No. 941, and in consideration of the above premises, the parties hereto agree as follows: -2- i. k 1. For so Block 54 of Irvine's attached Exhibit "A" Store, there will be eooK 8993 rac; 787 long a ;ythe building located on Lot A of Subdivision, more.particularly shown on is occupied be Islander Furniture no reduction in the presently existing seventy (70) parking spaces located on Lots A and B. 2. For so long as the__building located on Lot A is occupied by Islander Furnitu;,R Store, the seventy (70) parking spaces located on Lots A and B may be used on a reciprocal basis by the occupants, customers, employees and business invitees of the owners and lessees of Lot A and Lot B. 3. Prior to any change of occupancy of the building on Lot A, Irvine will obtain approval from the Planning Commission of the City of Newport Beach as to satisfying the parking requirements of City for the combined parcels. At no time will City impose a requirement upon Irvine to provide more spaces for the two lots, A and B, than are at that time set forth in the Newport Beach Municipal Code, or more than seventy (70) spaces, whichever is, greater. This agreement shall run with the real property described in Exhibit "A" attached hereto, and shall bind the heirs, successors and assigns of the parties hereto and it shall be recorded in the Office of the County Recorder of Orange County. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. ATTEST: ity ` er L CITY �OF NEWPORT BEACF By 1k Mayor CITY TH By By -3- iu ' w x YO 449 C (Corporation) STATE OF CALIFORNIA COUNTY OF Orange } ss. BOOK 8993 ,a 788 Q On before me, the undersigned, a Notary Public in and for said State, personally appeared n iuei L J . nuci known to me to be the Vice — President, and R. S. He tZe l , known to me to be Assistant Secretary of the known to me to be the persons who executed the within Instrument on behalf of the corporation therein 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. Name (Typed or Printed) corporation that executed the within Instrument, �SHIRLEY � :. ,..,,,.,.., " A JEN UNS NOTARY CALIFORNIA PR NCI AL OFFICE IN ORANGE COUNTY ...m .:...... ........... ... �. .. ......... ., ... , SHIRLEY A. JENKINS My Commission Expires July 21, 1929. (This area for otlle1a1 notarial sear �k �T M( 1.4§ / \§ m /` I |� §9 , _ ,, EXHIBIT "A!' )| \ \; {o\ \ d m _DRR� � 2\ - -- ` ma �~ < }} EXHIBIT "A!' )| \ m lot �~ < g No v io o t: § \ 071 tt rn 2 O / {rq / §t - s z / (� Ui q ` lot, £ � § _ \ \ ) - • / . \ June 16, 1969 TO: CITY.CLERK FROM: Public Works Department SUBJECT: ON SITE PARKING AND INGRESS - EGRESS EASEMENT FOR WU -BEN'S AND THE ISLANDS (Resub 249) Please have the agreement between The Irvine Company and the City dated February 10, 1969 covering the subject items recorded. Re- cording V is available so, .. that we may aupdate our atlas maps office when it If there are any questions, please contact me. %-" J. 4 Hunter T. Cook Subdivision Engineer HTC /ldg i �, , ,.. .' �' ..;: ..... '- June 17, 1969 Mr. J. Wylie Carlyle amty Recorder P. 0. BOX 238 Santa Ana, California 92702 Dear Mr. Carlyle: Attached for r000rdation is the executed original agreement between the City of Newport Beach and The Irvine Cropany, regarding cn site parking and ingress-egress easement for Wu-Ben's and The Islander. Said agreement was authorized by the City Council of the City of Newport Beach an February 10, 1969. Very truly yours* Laura Lagios City Clark ih Encl. cc: Public Works Dept. 0 0 RCD:jjs November ..9-13-68 AMENDMENT NO. 1 TO LEASE THIS AMENDMENT NO. 1 TO LEASE made as of this 21st day of 1968, by and between THE IRVINE COMPANY, a West Virginia corporation, hereinafter "Lessor ", and HAROLD E. CHRISTLER and JULIA R. CHRISTLER, dba The Islanders, hereinafter collectively referred to as "Lessee ". RECITALS 1. The parties hereto are respectively Lessor and Lessee under that certain Lease dated April 30, 1968, wherein Lessor leased to Lessee certain real property situated in the County of Orange, State of California, more particularly described in Exhibit "A" and delineated on Exhibit "B" attached to said Lease. A Short Form Memorandum of said Lease was recorded August 15, 1968 in Book 8692 Page 820 of Official Records of Orange County. 2. Paragraph 7 of said Lease provides for a reservation to Lessor, its successors and assigns, of the right to use all areas designated as ingress, egress and parking areas on the leased premises, and provides that Lessee shall be granted parking, ingress and egress rights over the lot to the North of the leased premises in the event that Lessor assigns its reserved rights of parking, ingress and egress over the leased.premises. 3. Lessor intends to assign its reserved parking, ingress and egress rights over the leased premises to said lot to the North of the leased premises, and the parties hereto desire to provide for a grant to Lessee of reciprocal parking, ingress and egress rights over said lot, and to designate the areas of the leased premises and of said lot to the North thereof subject to reciprocal rights of parking, ingress and egress. EXHIBIT "B -1 ", page 1 0 0 W I T N E S S E T H: 1. The first subparagraph of Paragraph 7 of said Lease is hereby deleted and the following is substituted in lieu thereof: "7. Lessor hereby reserves to itself, its successors and assigns, the right to use all areas designated as ingress, egress and parking areas on the leased premises. Lessee shall construct no physical barrier which would impede traffic between the leased premises and the adja- cent lot to the North thereof. Lessor hereby grants to Lessee certain rights of parking, ingress and egress over said adjacent lot to the North of the leased pre- mises. The areas of ingress and egress over the leased premises reserved to Lessor and granted to Lessee over the lot North of and adjacent to the leased premises are delineated on the plat entitled "Ingress and Egress Easement" marked Exhibit "C" attached hereto and made a part hereof. The parking areas on the leased premises and on said lot North of and adjacent to the leased premises are depicted on the plat entitled "Site and Parking Plan" marked Exhibit "D" attached hereto and made a part hereof." 2. Except as herein amended, all the terms and conditions of the aforesaid Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to Lease as of the day and year first above written. THE IRVINE COMPANY By /s/ Albert J. Auer. Vice President By /s/ R. S. Hetzel Assistant Secretary "Lessor" -2,- /s/ Harold E. Christler HAROLD E. CHRISTLER /s/ Julia R. Christler JULIA R. CHRISTLER "Lessee" EXHIBIT "B -1 ", page 2 `/K SCALE /" • 40 o. hN S O O O V) mmQ I-11✓DA 15L r D121vE N T 1-11 E I P TiTLE ,N71NE COM:PANY ./A/6/2E55 AND ECP- Em 5S IRVINE, CALIFORNIA S2 PHONE -5�, E111 S E /\ il ZE' N 7- T.'?JF7 EXHIBIT RgR"B-1":,pa 3 EXHIBIT lln_"B-l' pg•4 >1 o. hN S O O O V) mmQ I-11✓DA 15L r D121vE N T 1-11 E I P TiTLE ,N71NE COM:PANY ./A/6/2E55 AND ECP- Em 5S IRVINE, CALIFORNIA S2 PHONE -5�, E111 S E /\ il ZE' N 7- T.'?JF7 EXHIBIT RgR"B-1":,pa 3 EXHIBIT lln_"B-l' pg•4 'kvD :jjs 9 -13 -68 AMENDMENT NO. 3 TO LEASE THIS AMENDMENT NO. 3 TO LEASE made as of this 21st _day of November , 1968, by and between THE IRVINE COMPANY, a West Virginia corporation, hereinafter "Lessor ", and DONALD P. ANDERSON and MARCO P. ANICH, as tenants in common, hereinafter collectively "Lessee ". RECITALS 1. The parties hereto are respectively Lessor and Lessee under that certain Lease dated September 21, 1967, wherein Lessor leased to Lessee and to FAR WEST SERVICES, INC., as tenants in common, certain real property situated in the County of Orange, State of California, more particularly described in Exhibit "A" and delineated on Exhibit "B" attached to said Lease. Said Lease was amended by an Amendment No. 1 thereto dated March 14, 1968, and the interest of Far West Services, Inc., in said Lease as amended was assigned to Lessee by an Assignment dated March 22, 1968. Said Lease was further amended by an Amendment No. 2 thereto dated September 1, 1968. 2. Paragraph 8 of said Lease as amended reserves to Lessor, its successors and assigns, the right to use all areas designated as ingress, egress and parking areas on the leased premises, and, subject to the terms and conditions set forth in said Paragraph 8, grants to Lessee certain rights of parking, ingress and egress as to the lot South of and adjacent to the leased premises. The terms and condi- tions of said Paragraph 8 having been satisfied, and the areas granted and reserved having been designated, the parties hereto desire to fur- ther amend this Lease as hereinafter provided. EXHIBIT "B -2 ", page 1 0 W I T N E S S E T H: • 1. Paragraph 8 of said Lease as amended is hereby deleted and the following is substituted in lieu thereof: "8. Parking: Lessor hereby reserves to itself, its successors and assigns, the right to use all areas designated as ingress, egress and parking areas on the leased premises. Lessee shall construct no physical barricade which would impede traffic between the lots adjacent to the leased premises to the North and South thereof. Lessor hereby grants to Lessee Lessor's rights of parking, ingress and egress over to the lot South of and adjacent to the leased premises. The areas of ingress and egress over the leased premises reserved to Lessor and granted to Lessee over the lot South of and adjacent to the leased premises are delineated on the plat entitled "Ingress and Egress Easement" marked Exhibit "C" attached hereto and made a part hereof. The parking areas on the leased premises and on said lot South of and adjacent to the leased premises are depicted on the plat entitled "Site and Parking Plan" marked Exhibit "D" attached hereto and made a part hereof." 2. Except as herein and heretofore amended, all the terms and conditions of the aforesaid Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to Lease as of the day and year first above written. THE IRVINE COMPANY By /sl Albert J. Auer Vice President By /s/ R. S. Hetzel Assistant Secretary /s/ Donald D. Anderson DONALD P. ANDERSON /s/ Marco P. Anich MARCO P. ANICH "Lessor" "Lessee" -2- EXHIBIT "B -2 ", page 2 yo P 'IB -2 "D pg. 4 a� ` lift i A �u oD aP O � 1� iK °5 '4 Z rN N 2 � K 0 Lp R > C N m ail fez c ° c CIF -IV O Y N z P:� m< L r e p ° P 'IB -2 "D pg. 4 i, ` lift i P 'IB -2 "D pg. 4 0 CITY OF NEWPORT CITY ATTORNEY DEPARTMENT To: The Honorable Mayor and Members of the City Council From: City Attorney Subject: Parking Agreement - Irvine Company ;E: February 6, 1969 In March, 1968, the Irvine Company obtained approval for a re- subdivision to adjust property lines of three parcels located at the southwest corner of Pacific Coast Highway and Bayside Drive. The three parcels were to be occupied by a Standard Oil Company service station, Wu Bens and the Islander furniture store. On May 16, 1968, the Planning Commission granted Variance No. 941 to the Irvine Company approving a reduction in the on -site parking requirements for the two parcels occupied by Wu Bens and the Islander. The Code requires 80 spaces but the variance approved development with 70. The primary motivation for this reduction in number was that the 30 spaces required of the furniture store were deemed to be far in excess of that which was practical. In turn, the restaurant really needed a number of spaces greater than that required by the Code. Therefore, an agreement has been reached between the City and the Irvine Company that as long as the two parcels continue to be occupied by Wu Bens and the Islander, 70 spaces will continue to exist. In the event the Islander building has a change in occupancy, the Irvine Company must first obtain approval from the City. At such time it may be necessary to require some additional spaces. The agreement has been executed by the Irvine Company and the action on the Agenda today would be to authorize the Mayor to sign the agreement on behalf of the City. Tully H. Seymour Citizz By T omas L. Woodrutt TLW:ajr Assistant City Attorney QC - City Manager Planning Director City Clerk