HomeMy WebLinkAboutC-1303 - Off-Street Parking AgreementN'(
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OFF-STREET PARKING AGREEMENT
THE ORIGINAL HOUSE OF PIES
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RECORDED AT OF1,
Qn OF 4WPORT SEAkLQUESTM
iN OFFICIAL RECORDS OF
ORANGE COUNTY, CALIF.
9:05 AN"; JLIN 2'2) 1-970
J. WYLIE CARRY _E, CoWe4 bcorder l'i",
n
THIS AGREEAENT is entered into this day of
1970, by THE RI
OGINAL HOUSE OF PIES, INCORPORATED,
a d6lifornia corporation and the CITY OF NE%TORT BEACH, a municipal
corporation.
RECITALS
1. The original House of Pies, Inc., is the owner of that
certain real property located in the City of Newport Beach, County
of Orange, State of California, known as Lots 3 through 8 inclusive,
Block 431, Lancaster's Addition to Newport Beach as per map recorded
in Book 5, Page 14 of miscei'Liatteous Maps, records of orange County,
California and more particularly depicted on the parcel map attached
hereto marked Exhibit "A" referred to herein and incorporated by this
reference.
2. The Original House of Pies, Inc., proposes to construct
and operate a restaurant and provide a parking area on said Parcels
3, through S.
3. The proposed restaurant will have a seating capacity
for 74 persons.
4. The Newport Beach Municipal Code will require a total
of 25 parking spaces be provided on site to accomodate a seating
capacity of 74 persons plus 2 additional parking spaces to accomodate
the retail sales area for a total of twenty seven (27) spaces.
NOW,, THEREFORE,, the parties hereto agree as follows:
1. For so long as the original House of Pies, Inc.
operates a restaurant on the property more particularly described
as Parcels 3 through 8 as shown onthe attached Exhibit "A", those
parcels not occupied by the restaurant building will be used to
provide the required Lventy seven (27) parking spaces for the
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occupants, customers, employees and business invitees of said
restaurant. Said parking spaces shall be usable and accessible for
parking of standard passenger automobiles only.
2. This agreement shall run with the real property
described above and more particularly shown 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 ofthe County
Recorder of Orange County.
IN WITNESS WHEREOF,, the parties hereto have executed this
agreement as of the day and year first above written.
DATED:
APPROVED AS TO FORM:
4
Attorney
CHY MANAGE -R -----------
THE ORIGIIJAL HOUSE OF
71TY OF NEWPORT BEACH
By
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STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
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On e —before me, the undersigned, a
Notary Public in and for said State, personally appeared,
resident, and
known to me to be
Secretary of the corporation
that executed the within instrument, 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.
OFFICIAL SEAL 19
WITNESS my h;Q.az,_d official seal. LEE RASMUS
NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFFCE IN
WS AMRU
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War Public i and for State .................. �e Oct.7 o 3,
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE
On
aS jq-10 before me, the undersigned, a Notary
Public n and for said State, personally appeared E. F. Hirth, known
to me to be the Mayor and Laura Lagios, known to me to be City Clerk
of the corporation that executed the within Instrument, known to me
to be the persons who executed the within Instrument on behalf of said
corporation therein named, and acknowledged to me that said corporation
executed the within instrument pursuant to a resolution if its City
CounciK
WITNESS my hand and official seal.
/A
Notary Public in and for said State
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July 14, 1970
The Original House of Pies, Inc.
5900 Rodeo Road
Los Angeles, CA 90016
Attention: Mr. Max Michielsen
Subject: Off - Street Parking Agreement
Contrsct No. 1303
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inclosed is an executed copy of subject Agreement which
was recorded by the County on June 29. This Agreerent
was authorized by the City Council of Newport Beach by
the adoption of Resolution No. 7199 on June 22, 1970.
Lsurs Lagios
City Claris
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enc.
cc: city Attorney w /copy of Agreement
Planning Director w /copy of Agreement
M
June 26, 1970
Mr. J. Wylie Carlyle
County Recorder
P. 0. Box 238
Santa Ana, CA 92702
49
Please record the enclosed Off4treet Parking
Agreement, dated June 2, 1970, between the City of
Newport Beach and The Original House of Pies,
Incorporated, for twenty -seven off -street parking
spaces.
This agreement was authorized by the City Council
of the City of Newport Beach on June 22, 1970
by Resolution No. 7198.
Laura Lagios
City Clerk
LL:swk
enc.
V .i
To:
From:
Subject:
CITY OF NEWPORT BEACH
CITY ATTORNEY
DE AfRTMENT
The Honorable Mayor and
Members of the City Council
City Attorney
A
E3�J
Date: June 22, 1970
Off- Street Parking Agreement for the
Original House of Pies Restaurant
The Original House of Pies, Inc. proposes to build a restaurant
on six contiguous parcels of land at the northeast corner of
Newport Boulevard and 31st Street. (Attached is a parcel map
showing the location of the proposed restaurant). It was
determined by the planning Department that the Newport Beach
Municipal Code would require a total of twenty -seven parking
spaces to accommodate the seating capacity and retail sales
area of the restaurant.
As a condition of granting the building permit, The Original
House of Pies was required to execute an off - street parking
agreement which provides that so long as they operate a
restaurant on the property, the parcels not occupied by the
building itself would be used to provide the required parking
spaces for the customers of the restaurant.
At their meeting of June 4, 1970, the Planning Commission
approved the off - street parking agreement as recommended by
the Planning and Building Departments.
It is recommended that the City Council approve this agreement
by adopting the resolution which appears on your agenda.
DO:bl
cc: City Manager
City Clerk
Director of Public Works
Planning Director
Building Director
TULLY H. SEYMOUR
City Attorney
By `/
Dennis O'Neil
Assistant City Attorney
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DATE
APPROVED
PUBLIC WORKS 'D:rECTOR
R.E. NO. -ZLLLL'
GGIJCAS/-E,E 'S 40017-101V I DRAWING NO;
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P%ESGLvrr="w TIM CITY Gawal
A'aMIURIZIIQ THE ZMMMQN OF AN
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MUXLdS, '14c. Gri_ginai House of Figs, Incorporated,
is the f}e -mev of that certain real property located in the
City Of Ncaq ?ort beach, County of Crar4e, State of California,
known ;s, 3 through 8 inclu.si.ve, Block 431, Lancaster's
Addition, to Rewpo�:" 3each as per cap recorded in Book 3,
P&ge I.4 of 10jaellaneous maps, tec urds of Granger County;
and
Pn EiRLAS, The Original House of Pies, Incorporated,
Proposes to construct and operates a, restaurant on said
Parcels 3 through 8 with a seating capacity for 74 persons;
and
W iERLAS, Vic- Newport &aach Municipal Code will
require a total of 1:5 parkin spaces be provided on site
to aeccnodate a seating capacity of 74 persons plus 2
additional Ding spa, :es to acccoodate the retail sales
area for a total of .rwenty seven (27) spaces; and
W13EmAS, The Original house of Pies, I.ncorporatad
has agreed that there shall be reserved for the benefit of
the customers of said. restaurant not lose than twenty seven
(27) parkin; spaces :Located on those Parcols 3 through b
not occupied by the restaurant building.
WHEWAS, Ttm Newport JWwwh Municipal Code allows
off street parking ta:, be provided on a site other than the
building site on condition that an agresmant between the
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pa+operty otte ar and rA* city is executed aad recorded
se inn forth that t.tie ofg, street parking sh l be
prDviaec: and maintaine jj as a designated parcel. of land
for the :iu3:ation of the proposed. case or uses on the
buinding site or sit";
sm, Tj&RI;7vRE, RE IT RESOLVER that th o
City Council hereby approves saint agreement mein
The Grigiival muse c f Dies, Incorporated, shall provida
twenty seven (27) parking spaces located on hose
parcels contiguous cc the building site for the %W and
bane-'71t of the custmers and business invitees of the
restaurant; and the Mayor and City Clerk are authorized
and directed to execute the same an behaslf of the Ciq;
RE IT FURTHSti RBSOLVED, that the City Clerk
is authorised and directed to record said agreement
and execute any certificate necessary to accomplish
said tecording.
ADOMD this 22nd day of June , 1970.
ATTEST:
Cy Clark
mayor
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6-1-70