HomeMy WebLinkAboutC-1244 - Off-Street Parking Agreement for property 503 32nd Streeti
March 31, ijt4 f a
NL
Mp. and Mrs. J. Lafe Ludwig
c/o Mr. Howard Lawson. Jr., Realtor;:
3416 Via ki9�,.
Newport l;a 'California 92660
Subject: 503 - 32nd Street Property
Dear Mr. and Mrs. Ludwig:
Attached is an Off- Street Parking Agreement between Earl G. grid Eleanor B.
Sawyer, tM Griffith Company and the City of Newport Beach fot your of-
fice buiidfng, located at 503 32nd Street under exclusive lease to the
City of Newport Beach. The agreement entered into on Marh.6_� Imo$. `
provides that for as long as the office building contras to exist,`the
parties to the agreement and you as the successors in Interest..shall
make available for use by the customers and business invitees of,the
tenants or occupants of said building twenty -four parking spacaa;.
Also attached as an exhibit is the parcel where the spaces are located.
It appears to our office that the subject parcel is now occupied for the
exclusive use of Richard's Lido Center.
Would you please make the necessary arrangements to implement the provi-
sions of the agreement so that the business invitees of our office build -
ing may make use of the subject parcel pursuant to the recorded agreement.
Very truly yours,
PHILIP F. BETTENCOURT
Assistant.City Manager
PFB.pg
Attachments
cc: Ctty Manager
City Attorney
Public Works Director
Community Development Director
i
CITY OF NEWPORT BEACH
- ►7��Iz�.�4d
March 8, 1968
To: City Clerk
From: City Attorney
Subject: Off- street Parking Agreement (Property located at
503 - 32nd Street) G `J
Transmitted are:
L�l. A memorandum dated March 7 1968, directed to the City
Council relating to the subject agreement.
2. The original and twg copies of the subject agXy, n *_,
executed in triplicate by Earl G. Sawyer and wife and
the Griffith Company.
3. Seven xerox copies of the agreement.
4. A resolution which, if adopted by the City Council, will
authorize the execution of the agreement on behalf of
the City and direct that it be recorded.
It is requested that copies of the memorandum accompany the
agenda packages and that the xerox copies of the agreement be
included in the agenda packages of the Councilmen for the
meeting of March 11, 1968.
Prompt recording of the agreement has been requested by the
other parties. It is, therefore, requested that the executed
agreement ready for recording be transmitted to us as soon as
available on Tuesday, March 12, together with the duplicate
on inals of the agreement for delivery to the other parties.
Following its recordation, the original agreement will be
returned to you for your records.
THS :mec
Atts.
cc - City Manager
Planning Director
Building Director
Tully Le u
City At orney
-6f
iSITION:
012
Several weeks ago the undersigned was contacted by Howard Lawson,
Jr., of Lido Realty, Inc,, concerning the office building located
at 503 - 32nd Street which is presently under lease to the City
for use as a City Hall annex, Lawson stated that he was acting
as the agent of Earl Sawyer, the owner of the building, and that
an escrow had been opened for its sale. He related that there
was an unresolved problem which was preventing consummation of the
sale, specifically, that although the property is located in a
C -1 -H zone there is no on -site parking nor is there an off - street
parking agreement making provision for the required parking on
another site.
Upon investigation it was determined that the building permit for
the existing building was issued in July of 1954. At that time
the -H factor parking requirements were applicable which, when
applied to the building in question, result in a requirement of
24 off - street parking spaces based on the formula of one parking
space for each 250 square feet of floor space. There was no
indication in the building department files as to why the park-
ing requirements were not enforced with respect to this property,
Prior to the issuance of the building permit, a letter dated
April 1, 1954, was directed by the Griffith Company, who owned
the property at that time, to John S. Mason, who was purchasing
the property from the company, to the effect that the compan�
would provide sufficient off - street parking to meet the City Ts
zoning requirements in nearby parking lots under its control.
After receiving the foregoing information I discussed this matter
with William Mirams, a vice president of the Griffith Company,
who had handled the original transaction. Mirams acknowledged
the company's obligation to furnish the required parking and
agreed to enter into an off - street parking agreement. Such an
agreement has been prepared and executed by all the concerned
�
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COUNCIL:
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DISPOSITION:
CITY, OF NEWPORT BEACH
_L_±22_2_
FILE
CITY ATTORNEY
D-EPMMNT
March 7,
1968
Too
The Honorable Mayor and
Members of the City Council
From:
City Attorney
Subject:
Agreement to provide off - street
parking for
the office
building located at 503 - 32nd
Street
Several weeks ago the undersigned was contacted by Howard Lawson,
Jr., of Lido Realty, Inc,, concerning the office building located
at 503 - 32nd Street which is presently under lease to the City
for use as a City Hall annex, Lawson stated that he was acting
as the agent of Earl Sawyer, the owner of the building, and that
an escrow had been opened for its sale. He related that there
was an unresolved problem which was preventing consummation of the
sale, specifically, that although the property is located in a
C -1 -H zone there is no on -site parking nor is there an off - street
parking agreement making provision for the required parking on
another site.
Upon investigation it was determined that the building permit for
the existing building was issued in July of 1954. At that time
the -H factor parking requirements were applicable which, when
applied to the building in question, result in a requirement of
24 off - street parking spaces based on the formula of one parking
space for each 250 square feet of floor space. There was no
indication in the building department files as to why the park-
ing requirements were not enforced with respect to this property,
Prior to the issuance of the building permit, a letter dated
April 1, 1954, was directed by the Griffith Company, who owned
the property at that time, to John S. Mason, who was purchasing
the property from the company, to the effect that the compan�
would provide sufficient off - street parking to meet the City Ts
zoning requirements in nearby parking lots under its control.
After receiving the foregoing information I discussed this matter
with William Mirams, a vice president of the Griffith Company,
who had handled the original transaction. Mirams acknowledged
the company's obligation to furnish the required parking and
agreed to enter into an off - street parking agreement. Such an
agreement has been prepared and executed by all the concerned
Too The Honorable Mayor and
Members of the City Council -2-
March 7, 1968
parties. In substance it provides that the Griffith Company will
provide 24 parking spaces on the Lido Shopping Center parking lot
for the use of customers of the tenants or occupants of the office
building. If a change of use of the 32nd Street property occurs
which necessitates additional parking spaces, the property owner
will be required to furnish the additional spaces. The agreement
is to be recorded and it will bind future owners of both properties.
It is recommended that the City Council approve this agreement by
adopting the resolution which appears on your agenda. This will
correct the prior omission of the City and will enable Mr. Sawyer
to complete the sale of his property. It should be noted that
with the existing uses on the Lide Center
parking.spaces available falls below the
by the Code, �a
l Nl�
Tully . Seym�
City A torney
property the number of
number of spaces required
THSomec
cc - City Manager
City Clerk
Planning Director
Building Director
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(12)
USOLUTIM VQO . 6722
A RE801UTtW OF = CITY COUNCIL OF THE CITY OF
NEWPORT SUCH AVMO1tIZMG To E'XNCIJTIOw Or AN
Wf-STET PAVING AGAMMM
VXPYASo the.$Wport jWach Municipal Code allows off -
street piikthg to be provided on a site other than,the building
site on conditions that an agreement between the property owner and
the City is execelei'and recorded, setting forth that the off -
streev:pgwking shall be prWided and maintained on a designated
parcel of144d,far the duration of the proposed ues or uses on the
building site or sites; and
WHERLU. Earl G. Sawyer and Eleamor E. Sawyer are the
present a of an office building located at 509 - 32nd street,
City of Newport Beach, which property,was originally owned by the
Griffith Company; and
tv*iiMW, at the time the Griffith Company originally
sold said property, it agreed by letter that it would provide the
required off - street parking spaces for the contemplated use
thereof, but such commitment we not embostied in a recorded agree-
meat as required by the Municipal Code; and
WHMLFAS, there has been presented to the City Council an
off - street parking agreement between Earl O. Sawyer and wife, the
Griffith Company,, and the My of Newport Beach, whereby the
Griffith Company agrees to provide twenty -four off - street parking
spaces for use by the owner and customers and business invitees of
the tenants or occupants of said office building; and
WHEREAS, the City Council has considered the terms and
1conditione of said agreement And found them to be reasonable and
equitable;
NW, TMEARX. BE IT RUMVED that said agreement is
approved and the Mayor and City Clerk are authorised and directed
Ito execute the same on behalf of the City of Newport Beach.
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U IT FU&TW
*�.M that the City Clark is aW4.wrIX*d
and dixt6ted to record &LLd agreement and execute say oertlAoate
necesaj* to accomplish said recording.
ASOM this Ilth day of March,
Ang"I
20
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH )
I, LAURA LAGIOS, City Clerk of the City of Newport Beach, California,
do hereby certify that according to the records of the City of Newport Beach
filed and maintained in my office, the foregoing Resolution No. 6722 was
duly and regularly adopted, passed, and approved by the City Council of the
City of Newport Beach, California, at a regular meeting of said City Council
held at the regular meeting place thereof, on the 11th day of March 1968,
by the following vote, to wit:
AYES, COUNCILMEN
NOES, COUNCILMEN:
ABSENT, COUNCILMEN:
Rogers, Marshall, Gruber, Cook,
Forgit, Shelton
None
Parsons
Dated this 12th day of March , 1968.
City Clerk and Ex- OTfici �yClerk of the
City Council, City of Newport Beach,
State of California
Mr. Boserd Lawson, Jr:
M
March 12, 1%8
I1
Attached is a copy of an agreement between. Karl G. & 8leaaor B. Sawyer, Griffith
Company and the City of Newport Bosch in connection with off - street parkcng at
property located at 503 32nd Street, Newport Beach.
Please have the entree holder record the agreement in the Official Bacerds of
the County Bacordar and notify this office of the date of recordation and the
Page and Boot m.mbar.
Laura Lagiog
City Clerk
City of vempbot Beach
cc: City Attorney
1 =._Y
ESCROW DEPARTMENT
MARCH 13, 1968
CITY OF NEWPORT BEACH
3200 NEWPORT BOULEVARD
NEWPORT BEACH, CALIFORNIA
RE: ESCROW No. 12199 -DH
LOT 62 TRACT No. 1117
ATTENTION: LAURA LAGIOS
GENTLEMEN:
Newport
Balboa
Savings
AND LOAN ASSOCIATION
3366 VIA LIDO/NEWPORT BEACH /ORANGE COUNTY/ CALIFORNIA 92663/673-3130
IN CONNECTION WITH THE ABOVE NUMBERED ESCROW WHICH CLOSED
TODAY, THAT CERTAIN OFF- STREET PARKING AGREEMENT DATED
MARCH 5, 1968 BY EARL G. SAWYER AND ELEANOR B. SAWYER,
GRIFFITH COMPANY, AND THE CITY OF NEWPORT BEACH WAS RECORDED
THIS DATE AS INSTRUMENT NUMBER 7040 IN BOOK 8541, PAGE 383,
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
THANK YOU FOR YOUR COOPERATION IN THIS MATTER.
VERY TRULY YOURS,
r �
DOROTHY HALEY
ESCROW OFFICER
DH:VL
(/7
MEMBER FEDERAL HOME LOAN BANK SYSTEM AND FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION
y .e � �7 '�-1 �n !�
�- n�-
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28'
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31',
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(Propertf— d at 503 - 32nd
Street. N rt Bead)
Y
THIS AGNf is entered into this day of
- - , 19680 by SUL G. SAWY&R and ELEANOR B.
WYER, husband and wife, hereinafter called "Sawyer". GRIFFITH
COMPANys a California corppymtion, hereinafter called '% ompany ".
and the CITY OF NEWPORT BEACH, a municipal corporation, hersin-
axis; called "City ".
Recitals:
A. Chapter 20.38 of the Newport Beach Municipal Code
entitled "' -H' DISTRICT" establishes off - street parking require -
ments for property located is all C and M zoning districts
within the City which are combined with " -H" districts.
B. Sawyer holds fee title to a parcel of real property
upon which there is an office building located at 503
Street in the City of Newport Beach, more particularly described
as follows:
Lot 6, Tract 1117, as recorded in Book 35, page
48 of Miscellaneous Maps o4 the records of Orange
County, excepting therefrom the easterly 114 feet,
hereinafter referred to as Parcel A.
C. Parcel A is located in a Q -1 -H zone of the City.
D. Pursuant to the off - street parking formula applica-
ble to office buildings in " -H" districts, twenty- f'vt;,. i24)
off - street parking spaces are required U, be furnished in connec-
tion with the present use of Parcel A (Section 20.38.030 (b)
N.B.3i.C.).
E. Company is a former owner of rarcel A, which it
sold to John S. Mason, a predecessor in title of Sawyer. At the
time it sold Parcel A to k4ason5 Company afreed by letter dated
April 1, 1954 that it woialld rrovide sufficient off-street parking
spaces to motet the Uty,'s zoning requirements in nearby parking
I areaea, under its contga. At that time:Yarcel A was bounded by
2 privately owned streeta�hich the parties. contemplated using
3 to a¢commodato,a. considerable amount of the required parking,
4. in conjunction with a certain lion of the area designated
5 ss Parcel B far purposes of :_*s agreement and which is more
6 pareiamalarly described as followst
7 A portion or Lots and 7, Tract 1117, as
recorder its Book 35, page 48 of Miscelleneous
8 Maps.hf therecords.of Orange County.
g The areas of priv'ute streets bounding Parcel A were subsequently
10 dedicated as public ssreets, thus eliminating a certain portion
lI of aff -Quo parking contemplated for use by Parcel A.
12 F. For reasons unknown, the commitment by Company to
13 provide the required parking was not embodied in a recorded
14 agreement as required by Chapter 20.38. After this omission
15 was brought to the attention of Company by City, Company expressed
16 its willingness to formalize its previous commitment by a written
17 agreement.
18 NOW, THEREFORE, the parties hereto agree as follows:
19 1. For so long as the office building presently
20 located on Parcel A continues to exist, Company agrees to make
21 available twenty -four (24) parking spaces located on Parcel B
22 for the personal use of the owner in fee of Parcel A and for the
•23 use by customers and business invitees of the tenants or occu-
24 pants of said office building. The parties hereto agree that the
25 right to use said parking spaces is nonexclusive and it shall not
26 include the right of personal use of said spaces f6r.parking by
27 lessees, tenants or occupants of said building or th6ir employees,
28 except insofar as such person or persons are also the fee owners
29 of Parcel A.
30 2. As between Sawyer and Company, or the lessps-of
31 Company which have the right to use parking spaces in Passel B,
32 it is agreed that they will share in the cost of maintenance,
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upkeep and repair of Yarcel -;:;, iaciuding but not hinted to
reasonable hazard insurance VManiums and taxes thereon, costs of
sweeping, striping, bumpering, lighting, re1410PIM, etc., in the
,raitio as the twenty-four (24) parking spaces bear to the total
number of parking spaces in Parcel S.
3. Company agrees to tiraintain said parkin lot on
Parcel S and to provide thereon the number of spaces herein agreed
upon for as long as Parcel A or the office building presently
located thereon is used for any purpose whitish under the Iwo and
ordinances of City requires that number of off - street parking
apace* in connection with such use. City is not horeby restricted
froua legislative, administrative, executive, or quasi - judicial
1311 action with respect to either parcel of property as such action
141 may now or hereafter be authorized or undertaken. Should a change
1511 in use or additional use of either parcel be proposed, the
161 applicable regulations of City shall apply.
171 4. This agreement shall run with all land herein
1811 described and shall bind the successors of the present owners
19i thereof and shall be recorded in the office of the County Recorder
I
201 of Orange County.
211 IN WITNESS WHEREOF, the parties hereto have executed
22 1 1 this agreement as of the day and year first ve written.
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251 e `.
261
i V. SAWYER
27i SAWYER
28j
GRIFFITH COMPANY
29 Y
$
30 a dIDSNT
31 Attests
32 i ✓- l .v L�.
COMPANY
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: as
COUNTY OF )
�1
On " v , 1968, before me, the under-
signed, a Notary u or said County and State,
pe rs la y appeared u % / and
5 VICE PREBID • and
-- known to me e t
Ass% TART , respectively, of the GRIFFITH COMPAW9 t m cor-
poration toat 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 at that such corpor-
ation executed the within instrument pursuant to its by-laws or a
resoluLiou of its Board of Directors.
WITNESS my hand and official seal.. ,
VEWA B!CASHEN�.
Nctar Pu.. fir. `
is Sl?fe ..( ° inrnia
In
Gr,.noc ;,'silly 9
.............................................. .........A
Notary Public in and for
said County and State
VELVA B. CASHEN
My Commission Expires April 16, 1e e
301 STATE OF CALIFORNIA )
: as
31I COUNTY OF ORANGE )
32 On 1968, before me, the
4.
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Q*M OF NZWPORT BEAM
By —
Ak?#AM AS TO FORM: Mayor
3I
Attest; _r
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H. Seymou
Cit�Attorr
�►
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ark
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STATE OF CALIFORNIA )
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COUNTY OF O' )
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on J 1968, before me, the uvA*r-
signed, a Notary 'u c in and for said County and State,
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personallqq appeared EARL G. SAWYER and ELEANOR S. SAWYER, known
to me to be the persons whose names are subscribed.to the within
13
instrument and acknowledged that they executed tbA same.
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WITNESS my hand a=Oicial seal.
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....p
OFFICIAL SEAL ?
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HOWARD B. LAV,,SON, 1R.
Notary Public in and f
CALIFORNIA Or
'
m NOTARY P'JBUC
%.4L OFFICE IN said County and State
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p;j;;.;;;li
ORANGE COUNTY
° ° " """ "" HOWARD B. LAWSON, JR.
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STATE OF CALIFORNIA My Commission Expires Jan. 4, 1969
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: as
COUNTY OF )
�1
On " v , 1968, before me, the under-
signed, a Notary u or said County and State,
pe rs la y appeared u % / and
5 VICE PREBID • and
-- known to me e t
Ass% TART , respectively, of the GRIFFITH COMPAW9 t m cor-
poration toat 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 at that such corpor-
ation executed the within instrument pursuant to its by-laws or a
resoluLiou of its Board of Directors.
WITNESS my hand and official seal.. ,
VEWA B!CASHEN�.
Nctar Pu.. fir. `
is Sl?fe ..( ° inrnia
In
Gr,.noc ;,'silly 9
.............................................. .........A
Notary Public in and for
said County and State
VELVA B. CASHEN
My Commission Expires April 16, 1e e
301 STATE OF CALIFORNIA )
: as
31I COUNTY OF ORANGE )
32 On 1968, before me, the
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I do
undersigned Ty Vublio and for -&&IA.0 I W=tY and tote
Personally 4;e=_'r'A �=Y' �
,U WMER and known to Me
90 be the Mayor sn(44 yi31 Ck, respectively, of CITY OF
MMPM BEACH, the municipal corporation that executed the within
inOttumat, md acknowledged to me that said W=ULP&I cOrPOrAtim
executed the same pursuant to & resolution of its City Council.
WITNESS MY hand and official seal.
..........
Notary Public in and for
said cognty and State
..... .....
5.
i.. j
1� /'Mors the Office of
I City (Clerk 0
Newport
t TODAY'S MAIL
Balboa
i Dater /y'('
Savings
Z ANa taw AMCIATION
Attn: / 3366 VIA UOO /NEWPORT BEACH /ORANGE COUNTY /CAUEORNIA 92663/673-3130
ESCROW DEPARTMENT
Aly-
f. MARCH 13., 1968
CITY OF NEWPORT BEACH
.. 3'200 NEWPORT BOULEVARD .
NEWPORT BEACH+ CALIFORN LA
RE: ESCROW NO. 12)99 -DH'
- LOT 6, TRACT NO. 1117
ATTENTION: LAURA LAGIOS .
GENTLEMEN:
IN CONNECTION WITH THE ABOVE NUMBERED ESCROW WHICH.CLOSED
TODAY THAT CERTAIN OFF- STREET PARKING AGREEMENT DATED
MARCH 51 1968 BY EARL G. SAWYER AND ELEANOR B. SAWYERS
GRIFFITH COMPANY, AND THE CITY OF NEWPORT BEACH WAS RECORDED
THIS DATE AS INSTRUMENT NUMBER 7040 IN BOOK 8541, PAGE 383.,
OFFICIAL RECORDS OF ORANGE COUNTYX CALIFORNIA. .
THANK YOU FOR YOUR COOPERATION IN'THIS MATTER,
VERY TRULY YOURS
`DOROTHY HALEY.
ESCROW OFFICER .
DH:VL v ♦J l;A?^tY
FIV
z `!4 -`% � ^l� f� S
CLI
Ir
J J
12.1
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MEMBER FEUERAL ROME LOAN BANK SYSTEM AND FEDERAL SAVINGS. AND LOAN INSURANCE CORPORATION
March 8, 1968
To: City Cleric
]Front City Attorney
Subject: "f- street Parking Agreement (Property located at
503 32nd Street
Transmitted tore:
1, A mamwssadna dated ]larch 7 1968, directed to the City
Council relating to the a"jeet agsedent.
2. The original and two copies of the subject agreanent
executed in triplicate by Earl G. Sawyer and wife mad
the Griffith Company.
3. Seven zeros copies of the aarea enck
G. A reseiut3an• which„ if adopted by thk City Council, Will
autborixe, the, execution of the agreement an behalf of .
the City and direct that it be recorded,*
It is regneeted that copies of the - meaeraa m accoppany the
agenda Packages, and that -tile Xerox copies of the t be
included in the peel of the Comailaen the
meeting of: March 'll* 1968.
Prompt recording of the aarsament has bees requested by the
other parties. It in, tI cafose, requested that the executed
agreement ready for recording be transmitted to us as- sooa.as --
available on Tee darn March 12, to�sthe r with the duplicate
onz�a is of ties agreement far dat 1Wvszy to the other �srtins.
Pollcniag ita reeordat�. the original agreement Wiii be
returned to YOU for your.
Tully D. Seymour . 3,, 6
TSS:mec City Attommay
Atts.
cc - City Massager
Planning Director
Building Director