HomeMy WebLinkAboutC-2801 - Offsite Parking Agreement - Via Lido Plaza Parking Lot Reconstruction - 503 32nd Street - Resubdivision No. 516•
TO:
FROM:
SUBJECT:
•
0 City Counciloeting January 23. 1995
Agenda Item No. .�z
UY i'nk ..i
CITY OF NEWPORT BEACH
JAN 2 31995
Mayor and Members of the City Council
Planning Department
Off -Site Parking Agreement
Request to amend a previously approved off -site parking agreement
which provides required off - street parking spaces for an existing office
building on property located at 503 32nd Street and which are located
at an off -site location at the rear of the Via Lido Plaza Shopping
Center in the RSC -H District. Under the existing parking
arrangement, 24 restricted parking spaces are provided to the
customers and business invitees of the office building. The applicants
propose to reduce the number of required off - street parking spaces to
12 and remove the existing use restriction so as to allow tenants and
employees of the office building to also use the off -site parking spaces.
LOCATION: Parcel 1 of Parcel Map 85 -1 (Resubdivision No. 516), located 3471 Via
Lido, on the southwesterly corner of Via Lido and Via Oporto
(parking site); and Lot 6, Tract No. 907, located at 503 32nd Street, on
the northeasterly corner of 32nd Street and Via Oporto, adjacent to
City Hall (building site).
ZONE: RSC -H
APPLICANTS: Newport Via Lido Associates and 503 Lido Partners, Ltd., Orange and
Newport Beach
OWNERS: Same as applicants
Application
This application involves a request to approve an off -site parking agreement so as to provide
• required off- street parking in perpetuity on an adjoining parcel in conjunction with a
reduction in the number of required off - street parking spaces which are provided for an
existing office building located at 503 32nd Street, which are located at an off -site location
at the rear of the Via Lido Plaza Shopping Center. Under the existing parking
arrangement, 24 restricted parking spaces are provided to the customers and business
invitees of the office building. The applicants propose to reduce the number of required
TO: Cityy*ouncil - 2. 0
off- street parking spaces to 12 and remove the existing use restriction so as to allow tenants
and employees of the office building to also use the off -site parking spaces. The proposal •
also includes a request to amend a previously approved off -site parking agreement consistent
with the re sed parking figures. Off -site parking provisions are set forth in Section
.w0.30.(�33Df the Municipal Code.
Suggested Action
If desired, approve the off -site parking agreement with the findings and subject to the
conditions of approval recommended by the Planning Commission contained in the attached
excerpt of the minutes of the Planning Commission meeting of April 21, 1994.
Planning Commission Recommendation
At its meeting of April 21, 1994, the Planning Commission voted unanimously to
recommend the approval of the subject off -site parking agreement to the City Council. An
excerpt of the Planning Commission minutes and the related Planning Commission staff
report are attached for the Council's information.
Respectfully Submitted, •
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By
Javier S. Garci
Senior Planner
Attachments for City Council Only:
Vicinity Map
Excerpt of the Planning Commission Minutes,
dated April 21, 1994
Planning Commission Staff Report with Attachments,
dated April 21, 1994
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.Request
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Request
for
irector Hewicker stated that the ap nt Diane Colvin,
witnarawa
equested that Item No. 7, an ap of the Modifications
ommittee approval of Modifica�io o. 4181, regarding property
ocated at 3815 Inlet Isle Dyv6, be withdrawn.
Motion
*
otion was mad p�anndd voted on to withdraw Modification No.
All Ayes
181. MO 011 CARRIED.
ff -Site Parking Agreement Discus ion
Item No.1
equest to amend a previously approved off -site parking
Off -site
greement which provides required off - street parking spaces for an
Park'
misting office building on property located at 503 32nd Street and
a
which are located at an off -site location at the rear of the Via
ido Plaza Shopping Center in the RSC -H District. Under the
Approved
misting parking arrangement, 24 restricted parking spaces are
rovided to the customers and business invitees of the office
uilding. The applicants propose to reduce the number of
equired off - street parking spaces to 12 and remove the existing
se restriction so as to allow tenants and employees of the office
uilding to also use the off -site parking spaces.
CATION: Parcel 1 of Parcel Map 85 -1 (Resubdivision
No. 516), located 3471 Via Lido, on the
southwesterly corner of Via Lido and Via
Oporto (parking site); and Lot 6, Tract No.
907, located at 503 32nd Street, on the
northeasterly corner of 32nd Street and Via
Oporto, adjacent to City Hall (building site).
•
ONE: RSC -H
-2-
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COMAUSSIONERS
i MINUTES
1
CITY OF NEWPORT BEACH
A 'I 21 1994
pri ,
CALL
INDEX
APPLICANTS: Newport Via Lido Associates and 503 Lido
Partners, Ltd., Orange and Newport Beach
OWNERS: Same as applicants
In response to a request for clarification by Commissioner Gifford
regarding the use restriction of the off - street parking spaces for an
existing office building on property located at 503 - 32nd Street
and that are located at an off -site location at the rear of the Via
Lido Plaza Shopping Center, James Hewicker, Planning Director,
replied that the current use of the parking spaces is limited to
business invitees; however, the proposed agreement would provide
parking spaces for the tenants as well as for business invitees.
In response to a question posed by Commissioner Gifford, William
ycock, Current Planning Manager, explained that the existing
.
08 parking spaces in the Via Lido Plaza parking lot were
estriped to provide compact parking spaces in the parking lot.
Motion
Motion was made and voted on to approve the Off -Site Parking
All Ayes
Agreement, subject to the findings and conditions in Exhibit "W'.
MOTION CARRIED.
in in :
1. That the off -site parking location is located so as to be
useful in conjunction with the proposed use or uses on the
building site.
That the use of the off -site parking location in this case will
not create undue traffic hazards in the surrounding area.
3. That the applicant has entered into an appropriate
agreement for the off -site parking spaces, which is of
sufficient duration for the 503 Building.
The owners, upon the approval of City Council, intend to
execute a written instrument or instruments, approved as to
-3-
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COMMISSIONERS •
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CITY OF NEWPORT BEACH
'MINUTES
April L1, IYY4
ROLL CALL
IND
form and content by the City Attorney, providing for the
easement for parking in accordance with the Memorandum
of Understanding between Via Lido Plaza and the 503
Building so as to maintain 12 offstreet parking spaces on
the off -site parking location for the duration of the
existence of the use at 503 32nd Street (503 Building).
5. That the design of the proposed improvements will not
conflict with any easements acquired by the public at large
for access through or use of property within the proposed
development.
.Conditions:
1. That the owners, upon the approval of City Council, shall
record an agreement, approved as to form and content by
the City Attorney, which shall: guarantee that a minimum
•
of twelve (12) off- street parking spaces shall be provided in
the easterly parking area of Via Lido Plaza for the benefit
of the 503 Building throughout the duration of the
existence of the building. Such agreement shall be
recorded in the office of the Office of the County Recorder
and a copy thereof filed with the Planning Department.
2. That the on -site parking, vehicular circulation and
pedestrian circulation systems be subject to further review
by the Traffic Engineer.
•
-4-
Planning Commi ion Meeting April 21, 1994
Agenda Item No. 1
0 CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Off -Site Parking Agreement (Discussion)
Request to amend a previously approved off -site parking agreement
which provides required off - street parking spaces for an existing office
building on property located at 503 32nd Street and which are located
at an off -site location at the rear of the Via Lido Plaza Shopping
Center in the RSC -H District. Under the existing parking
arrangement, 24 restricted parking spaces are provided to the
customers and business invitees of the office building. The applicants
propose to reduce the number of required off - street parking spaces to
• 12 and remove the existing use restriction so as to allow tenants and
employees of the office building to also use the off -site parking spaces.
LOCATION: Parcel l of Parcel Map 85 -1 (Resubdivision No. 516), located 3471 Via
Lido, on the southwesterly corner of Via Lido and Via Oporto
(parking site); and Lot 6, Tract No. 907, located at 503 32nd Street, on
the northeasterly comer of 32nd Street and Via Oporto, adjacent to
City Hall (building site).
ZONE: RSC -H
APPLICANTS: Newport Via Lido Associates and 503 Lido Partners, Ltd., Orange and
Newport Beach
OWNERS: Same as applicants
Aooli cation
• This application involves a request to approve an off -site parking agreement so as to provide
required off - street parking on an adjoining parcel in conjunction with a reduction in the
number of required off - street parking spaces which are provided for an existing office
building located at 503 32nd Street, which are located at an off -site location at the rear of
the Via Lido Plaza Shopping Center. Under the existing parking arrangement, 24 restricted
parking spaces are provided to the customers and business invitees of the office building.
The applicants propose to reduce the number of required off - street parking spaces to 12 and
11
TO: Plan9g Commission - 2. 0
remove the existing use restriction so as to allow tenants and employees of the office
building to also use the off -site parking spaces. The proposal also includes a request to •
amend a previously approved off -site parking agreement consistent with the revised parking
figures. Off -site parking provisions are set forth in Section 20.30.035 D of the Municipal
Code.
Environmental Significance
This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 1 (Existing
Facilities).
Conformance with the General Plan and
Local Coastal Program, Land Use Plan
The parcels are located in an area which is designated for 'Retail and Service Commercial'
uses by the Land Use Element of the General Plan and Land Use Plan of the Local Coastal
Program. This land use category allows for retail and office usage. Inasmuch as the
application does not involve any increase in the existing gross square footage of the
structures, this application is consistent with those guidelines. The maximum Floor Area .
Ratio permitted on these sites is 0.5/0.75.
Subject Properties and Surrounding Land Uses
The larger of the two subject properties (the shopping center property) is bounded by
Newport Boulevard, Via Lido, Via Malaga and Finley Avenue; the second property (the
office building site) is located on the northeasterly comer of 32nd Street and Via Oporto.
To the north of the subject properties, across Via Lido are commercial and office uses; to
the east, across Via Malaga is the Lido Building and St. James Church; to the south, across
32nd Street is a parking lot and the former Bank of Newport building; and to the west,
across Via Oporto, is City Hall.
Background
The structures on the Via Lido Plaza site were constructed over a period of several years,
commencing prior to 1960.
1. On April 1, 1954 the former owner of Via Lido Plaza sold property located at 503 •
32nd Street with a letter agreement stating that the seller would provide sufficient
off - street parking spaces to meet the City's zoning requirements in nearby parking
areas in their control. It is noted that at the time, the property at 503 32nd Street
was bounded by private streets with curbside parking which the seller intended to use
to accommodate a considerable amount of the required parking spaces.
TO: Planning Commission - 3.
2. According to the Orange County Assessor's records, the property at 503 32nd Street
• was developed with a 6,160 (gross) square foot commercial office building in 1954.
At the time of construction, the City's parking requirement for office buildings
located in the C -1 -H District was one parking space for each 500 square feet of floor
area which would have required 12 parking spaces (6,000± sq.ft.l - 500 sq.ft.= 12
spaces).
3. On August 20, 1956, the private streets were dedicated to the City which made the
existing curb side parking spaces public parking and eliminated the possibility of
using such parking for private purposes.
4. On April 18, 1963, the Planning Commission approved Variance No. 741 which
waived the required parking for the existing theater located within the Via Lido
Plaza Shopping Center. Said waiver was granted on the basis of a shared parking
relationship between daytime office and retail uses and the nighttime theater use.
5. On March 5, 1968, the City approved an off -site parking agreement which obligated
the owner of Via Lido Plaza to provide 24 parking spaces in accordance with the
letter agreement mentioned in No. 1 above. At this time, the City's parking
• requirement for office buildings had changed to one parking space for each 250
square feet of net floor area which would have required 24 parking spaces (6,000
sq.ft. _ 250 sq.ft.= 24 spaces). Even though the parking requirement for the
building at 503 32nd Street was only 12 spaces at the time of construction, the
approval of this off -site parking agreement provided 24 parking spaces. However,
the language contained within the parking agreement restricted the use of the
parking to "customers and business invitees of the tenants or occupants of said office
building."
6. On April 1, 1976, the Planning Commission approved Resubdivision No. 516 which
permitted the establishment of a single building site and the elimination of interior
lot lines where portions of four lots and an abandoned alley existed, so as to permit
interior and exterior remodeling at the Via Lido Plaza complex. In conjunction with
Resubdivision No. 516, the property owner dedicated a triangular parcel of land at
the southwesterly portion of the site to the City for future roadway purposes. In
exchange, the City permanently waived a requirement for I1 parking spaces.
7. On August 5, 1976, the Planning Commission approved Use Permit No. 1799 which
permitted the construction of a take -out restaurant in Via Lido Plaza. The Planning
Commission waived all but 14 of the 43 required parking spaces inasmuch as Via
Lido Plaza did not experience a parking problem except for unauthorized vehicles
' For purposes of determining the parking requirement exterior walls and mechanical
rooms are excluded and stairways are counted only on one level which results in a reduction
in the square footage.
0
TO: Plamung Commission - 4.
0
using the lot. The total on -site parking requirement was thus 284 spaces (281
previous - 11 waived + 14 added = 284).
8. On November 3, 1977, the Planning Commission approved an amendment to the
previously approved Use Permit No. 1799 so as to permit the service of beer and
wine in conjunction with the restaurant use. The take -out portion of the facility was
deleted at that time and there was no change in the requirement to provide 14
parking spaces for the restaurant.
9. On August 19, 1982, the Planning Commission approved a second amendment to Use
Permit No. 1799 which permitted a 350 sq.ft. increase in the "net public area" of the
restaurant for a total of 1,050 sq.ft. of "net public area ". The Planning Commission
required that 1 parking space be provided for each 50 sq.ft. of "net public area" of
the restaurant, resulting in a parking requirement of 21 spaces for the facility (1,050
sq.ft. _ 50 = 21 spaces) an increase in 7 spaces from those previously required.
Total required parking for the site was thus 291 spaces.
10. On October 22, 1987, the Planning Commission approved the following use permit
applications involving proposed businesses in Via Lido Plaza:
Use Permit No. 3284 (Rocko's Cuisine) which permitted the establishment •
of a take -out restaurant facility with on -sale beer and wine and seating on the
inside of the restaurant building and outside in a common courtyard.
Use Permit No. 3296 which permitted the establishment of a "gourmet" take-
out restaurant with incidental seating and on and off sale of beer and wine.
Use Permit No. 3297 which permitted the establishment of a take -out
restaurant with incidental seating specializing in frozen desserts and baked
goods.
Based on the parking requirement for take -out restaurants as set forth in Section
20.30.035 B of the Municipal Code, the above applications resulted in an increased
parking requirement of 65 spaces, 21 of which were attributable to Rocko's Cuisine.
The applicant submitted a parking study which indicated that large numbers of
parking spaces were available in the parking lot, with a minimum of 87 parking
spaces available during the peak usage period, which was found to be a Friday at
1:00 p.m. The Planning Commission thus voted to waive any requirement for
additional parking.
On December 14, 1987, the City Council voted to deny Use Permit No. 3296 and to
sustain the actions of the Planning Commission regarding Use Permits No. 3284 and
Use Permit No. 3297.
•
`�
TO: Planning Commission - 5.
The Coastal Commission subsequently denied approval of Use Permit No. 3297, and
• approved Use Permit No. 3284. The Coastal Commission also required that 15
additional parking spaces be provided. This resulted in a total parking requirement
of 306 parking spaces for the site, not including the 11 spaces at the southwesterly
comer of the site which were eliminated (291 previously required + 15 required by
Coastal Commission = 306 spaces). In order to provide the required parking
spaces, it was necessary to re -stripe the parking lot and to amend Use Permit No.
3284 so as to provide compact parking spaces as a portion of the required parking.
11. At its meeting of August 4, 1988, the Planning Commission approved Use Permit No.
3284 (Amended), a request to amend the previously approved use permit which
permitted the establishment of a take -out restaurant on the subject property. The
amendment included a request to delete Condition No. 11 of the original use permit
so as to allow the restaurant the exclusive use of a portion of the common patio
seating area. The proposal also included a change in the operational characteristics
of the take -out restaurant use so as to allow the use of compact parking spaces for
a portion of the required off- street parking. The original use permit did not provide
for the use of compact spaces. Furthermore, the Coastal Commission requirement
for exclusive use seating conflicted with the existing Condition of Approval No. 11
• of Use Permit No. 3284. The restriping of the parking lot, resulted that a maximum
of 77 of the on -site parking spaces (25 %) would be provided as compact parking.
The existing parking lot currently provides 54 compact parking spaces, 5 handicapped
parking spaces and 260 standard parking spaces for a total of 319 spaces.
It appears that the August 4, 1988 staff report for Use Permit No. 3284 (Amended)
was where the off -site parking agreement involving the property at 503 32nd Street
and Via Lido Shopping Center was first mentioned in conjunction with the
consideration of a discretionary application within the Via Lido Shopping Center.
The staff report stated, "On March 5, 1968, the owners of a portion of the subject
property entered into an agreement with the owner of the office building at 503 32nd
Street whereby 24 parking spaces on the subject property were to be provided for the use
of the office building in perpetuity. However, because the building was considered to be
legal, nonconforming with regard to parking, the 24 spaces have not traditionally been
included in the total required parking for the site."
12. At its meeting of February 12, 1990, the City Council approved Council Agenda Item
F -3(a), a request to authorize the Mayor and City Clerk to execute an agreement
• with Newport Via Lido Associates regarding the Via Lido Plaza Parking Lot
Reconstruction Agreement. Said agreement reduced the original waiver of parking
spaces in conjunction with the widening of Newport Boulevard from 11 spaces to 6
spaces and further reduced the required on -site parking by 13 spaces by excluding
3,238 sq.ft. of mezzanine area, located above the market, from the parking
requirement calculations. In accordance with the terms of the agreement, the total
parking required for the on -site uses was 287 spaces.
TO: Planning Commission - 6. •
13. At its meeting of April 19, 1990, the Planning Commission approved Use Permit No.
3378, a request to permit the establishment of a retail flower shop with outdoor •
display within the Via Lido Plaza Shopping Center. The Planning Commission in its
approval required that a minimum of two additional parking spaces be provided for
the new flower shop. As a result, the total parking required for the on -site uses
increased to 289 parking spaces. Inasmuch as 319 parking spaces existed at that
time, there appeared to be a surplus of 30 spaces on the site.
14. The total parking requirement for the Via Lido Plaza stands at 289 spaces.
However, in conjunction with the review of said application, the Planning
Department has determined that the statement made in the staff report for Use
Permit No. 3284 (Amended), dated August 4, 1988 was incorrect in two respects.
First, the office building at 503 32nd Street would now be considered legal
nonconforming with regards to the off - street parking requirement, inasmuch as the
Zoning Code required 12 parking spaces for the building at the time of construction
(See Item No. 2 above). Secondly, although it is true that up until 1988, the 24
parking spaces for the office building at 503 32nd Street were not included in the
total parking requirement for the site, such an exclusion was improper inasmuch as
the March 5, 1968 parking agreement allocates 24 parking spaces within Via Lido
Plaza for the office building at 503 32nd Street. Therefore, the actual surplus of •
parking in Via Lido Plaza was only 6 spaces when the parking lot was striped with
319 parking spaces.
15. At its meeting of June 10, 1993, the Planning Commission continued this item
(Variance No. 1187) to its next meeting, at the request of the applicants. At its
meeting of June 24, 1993, the Planning Commission removed this item from calendar,
as requested by the applicants, so as to allow the applicants additional time to
resolve issues regarding the parking lot allocation.
16. At its meeting of December 28, 1993, the Modifications Committee approved
Modification No. 4160, a request to permit the establishment of a specialty food
establishment on the subject property. Among the conditions of approval was a
specific condition regarding restriping the southeasterly comer of the parking lot for
8 additional parking spaces which were not striped when the overall parking lot was
recently restriped. There is also a series of poles and chain which restrict parking
in this area of the parking lot.
17. At its meeting of March 10, 1994, the Planning Commission voted (4 Ayes, 3 Absent) •
to continue Variance No. 1187 to the Planning Commission meeting of March 24,
1994 as requested by the applicants.
18. At its meeting of March 24, 1994, based on information from the City Attorney, it
was determined that a variance was not required; therefore, the Planning
Commission took no action of the Variance No. 1187. It was also determined that
the process to reduce the number of off - street parking spaces as provided by the
�a
TO:
Pla•g Commission - 7.
�J
existing off -site parking agreement is to revise and submit for approval to the
is Planning Commission and the City Council an off -site parking agreement. An
excerpt of the minutes of that meeting are attached for the Commission's
information.
19. At its meeting of April 7, 1994, the Planning Commission continued the subject Off -
Site Parldng Agreement to its meeting of April 21, 1994, to allow the applicants and
staff to resolve concerns with regard to the content of the Off -Site Parking
Agreement.
Parking Tabulation of Via Lido Plaza
As currently striped, the Via Lido Plaza parking lot now provides only 308 parking spaces
throughout the subject property as follows:
Parking Tabulation:
2
129
. 135
308
Handicap spaces in the front lot (fronting on Newport Blvd)
Standard spaces in the front lot
Standard spaces in the rear lot (fronting on Via Oporto)
Handicap spaces in the rear lot
Compact spaces in the rear lot (I &M
Total parking spaces
The staff determination that the 503 Building only requires 12 parking spaces as required
at the time of construction results in a surplus of 7 parking spaces for the shopping center
(308 spaces - 289 required = 19 spaces - 12 spaces for 503 Building = 7 space surplus).
Required Findings
In accordance with Section 20.30.035 D of the Newport Beach Municipal Code, the Planning
Commission shall not recommend and the City Council shall not approve off -site parking
on a separate lot from the building site or sites unless:
(a) Such lot is so located as to be useful in conjunction with the proposed use or
uses on the building site or sites.
(b) Parking on such lot will not create undue traffic hazards in the surrounding
area.
(c) Such lot and the building site are in the same ownership, or the owners of the
building sites have a common ownership in such lot, and the owner or owners
are entitled to the immediate possession and use thereof (ownership of the
off -site lot must be ownership in fee of a leasehold interest of a duration
adequate to serve all proposed uses on the building site or sites).
\3
TO: Planning g Commission - 8. •
(d) The owner or owners and the City, upon the approval of City Council, execute
a written instrument or instruments, approved as to form and content by the •
City Attorney, providing for the maintenance of the required off - street parking
on such lot for the duration of the proposed use or uses on the building site
or sites. Should a change in use or additional use be proposed, the off - street
parking regulation applicable at the time shall apply. Such instruments shall
be recorded in the office of the County Recorder and copies thereof filed with
the Planning Department.
Staff has no objections to this proposal inasmuch as the off -site parking area has been in
force for a number of years and this application will reduce the number of spaces provided
and lift the existing restrictions regarding their use.
Should the Planning Commission wish to approve this off -site parking proposal, the findings
and conditions of approval set forth in the attached Exhibit "A" are suggested. Staff has not
included an exhibit for denial inasmuch as all of the necessary findings can be reasonably
made in this case and the related construction conforms with the requirements of the
General Plan, Local Coastal Program and the Zoning Code.
PLANNING DEPARTMENT •
JAMES D. HEWICKER, Director
B '
Javier S. Garcia
Senior Planner
Attachments: Exhibit "A"
Vicinity Map
Excerpt of Planning Commission Minutes dated
March 24, 1994
Plot Plan/Parldng Tabulation of Via Lido Plaza
R \- JAY- O \SR \UDOPITAOPA
•
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TO: Planning Commission - 9.
EXHIBIT "A"
• FINDINGS AND CONDITIONS OF APPROVAL FOR
OFF -SITE PARKING PROPOSAL INVOLVING
PROPERTIES AT 3471 VIA LIDO
AND 503 32ND STREET
Findines:
1. That the off -site parking location is located so as to be useful in conjunction with the
proposed use or uses on the building site.
2. That the use of the off -site parking location in this case will not create undue traffic
hazards in the surrounding area.
3. That the applicant has entered into an appropriate agreement for the off -site parking
spaces, which is of sufficient duration for the 503 Building.
4. The owners, upon the approval of City Council, intend to execute a written
instrument or instruments, approved as to form and content by the City Attorney,
• providing for the easement for parking in accordance with the Memorandum of
Understanding between Via Lido Plaza and the 503 Building so as to maintain 12
offstreet parking spaces on the off -site parking location for the duration of the
existence of the use at 503 32nd Street (503 Building).
5. That the design of the proposed improvements will not conflict with any easements
acquired by the public at large for access through or use of property within the
proposed development.
Conditions:
1. That the owners, upon the approval of City Council, shall record an agreement,
approved as to form and content by the City Attorney, which shall: guarantee that
a minimum of twelve (12) off - street parking spaces shall be provided in the easterly
parking area of Via Lido Plaza for the benefit of the 503 Building throughout the
duration of the existence of the building. Such agreement shall be recorded in the
office of the Office of the County Recorder and a copy thereof filed with the
Planning Department.
2. That the on -site parking, vehicular circulation and pedestrian circulation systems be
subject to further review by the Traffic Engineer.
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6FF —SITE P,6cRtC lN6 AGREEMENT"
COMMISSIONERS
• MINUTES
CITY OF NEWPORT BEACH
VI
WALL
INDEX
ZONE: CN -H
APPLICANT: Paul G. Taddeo, Ne each
OWNER: Richard Dic d Associates, Newport Beach
ames Hewicker, Pla ' g Director, reported that the applicant
requested that ermit No. 3522 be removed from calendar.
motion
+
Moti as made and voted on to remove Item No. 2, Use Permit
All Ayes
No. 3522 from calendar. MOTION CARRIED.
t t i
.
Variance No. 1187 (Continued Publir, art
Iteri No.:
V1187
Request to reduce the number of required off - street parking
paces which are provided for an existing office building on
property located at 503 32nd Street and which are located at an
off -site
off-site location at the rear of the Via Lido Plaza Shopping Center
parking
in the RSC -H District. Under the existing parking arrangement,
cont'd tc
4 restricted parking spaces are provided to the customers and
4/7/94
usiness invitees of the office building. The applicants propose to
No actior
educe the number of required off - street parking spaces to 12 and
taken on
emove the existing use restriction so as to allow tenants and
Variance
mployees of the office building to also use the off -site parking
paces. The proposal also includes a request to amend a
reviously approved off -site parking agreement consistent with the
revised parking figures.
CATION: Parcel 1 of Parcel Map 85 -1 (Resubdivision
No. 516), located 3471 Via Lido, on the
southwesterly corner of Via Lido and Via
Oporto (parking site); and Lot 6, Tract No.
907, located at 503 32nd Street, on the
northeasterly corner of 32nd Street and Via
Oporto, adjacent to City Hall.
-5-
VI
COMMISSIONERS
�y� O�n�S O
•
CITY OF NEWPORT BEACH
MINUTES
Marcn "l4, 1994
ROLL CALL
1
ONE: RSC -H
PLICANTS: Newport Via Lido Associates and 503 Lido
Partners, Ltd., Orange and Newport Beach
WNERS: Same as applicants
James Hewicker, Planning Director, stated that since the
pplication was filed, it was determined that a Variance was not
required. The property owner is proposing to reduce the number
of parking spaces for the 503 Building to be consistent with the
parking requirements in effect at the time that the building was
constructed. It is recommended that the off -site parking
agreement for 12 parking spaces in Via Lido Plaza be approved
nd the restriction on the tenants be eliminated so that the
employees of the 503 Building may use the 12 parking spaces.
•
In response to questions posed by Commissioner Ridgeway, Mr.
ewicker replied that the intent is to return the Variance
application fee. He further replied that the off -site parking
greement is with Via Lido Plaza, and staff received a copy of the .
agreement just prior to the Planning Commission meeting.
In response to a question posed by Commissioner Glover, Mr.
ewicker replied that Exhibit "A" was prepared as the applicant
requested.
e public hearing was opened in connection with this item, and
r. Jack Jakowski, 1042 West Bay Avenue, appeared before the
tanning Commission as property owner of 503 - 32nd Street and
is co- applicant. He said that the off -site parking agreement would
orrespond with the current usage. Mr. Jakowski addressed the
revious parking arrangement between the City of Newport Beach,
roperty owners of the Via Lido Plaza shopping center, and
roperty owners of 503 - 32nd Street. He stated that after
•
eviewing the existing parking spaces adjacent to the subject
roperty, and by restructuring the off -site parking agreement to 12
arking spaces on a non - exclusive basis in the Via Lido Plaza
-6-
�c$
COMMISSIONERS , * MINUTES
AO fir �< Can d di
p�,n !yy S
CITY OF NEWPORT BEACH
M 24
arch , 1494
Akkk-ATT
INDEX
shopping center parking lot, that it would more than take care of
the needs of the tenants and employees of the 503 building. The
parking spaces adjacent to the subject property would meet the
demands of the invitees of the building.
Mr. Pat Galvin of the Fritz Duda Company, appeared before the
Planning Commission on behalf of the property owners of Via
Lido Plaza. In reference to Exhibit "A ", Mr. Galvin addressed
Finding No. 2, and he stated that ...entered into an
appropriate lease-should be corrected to ..entered into
an appropriate easement.. In reference to Conditions No. 2
and No. 3, Exhibit "A ", Mr. Galvin stated that the proposed off -site
parking agreement is different from the language contained in the
Conditions inasmuch as the agreement does not provide for 12
•
exclusive parking spaces for the 503 32nd Building. He said that
there is a provision in the agreement that states that if other
parking is available in a similar location to Via Lido Plaza, i.e. a
parking structure, that parking off -site could be provided to the
property owner of the 503 Building at another location
In response to a question posed by Chairman Merrill, Mr.
Hewicker explained that the Planning Commission is being asked
to make a finding stating that the off -site parking area is located
so it would be useful for the people located in the 503 - 32nd
Street building, and he questioned where the 12 off -site parking
spaces would eventually be located.
In reference to Mr. Galvin's request to change "lease" to
"easement ", Commissioner Ridgeway explained that an easement
cannot be changed unilaterally by one party. Mr. Galvin explained
that there is a radius restriction that would prohibit the relocated
parking spaces from being any further from the 503 Building than
they currently are. There is an agreement between the owners of
•
the respected properties that the easement would be able to be
relocated. It would continue to burden the Via Lido Plaza parking
area; however, they are obligated to provide the parking spaces.
-7-
ta
COMMSSIONERS
001 \
`.J
CITY OF NEWPORT BEACH
MINUTES
a
iwarcn av, iyy'+
ROLL CALL
IA1D
Discussion ensued between the Planning Commission, Mr. Galvin,
and staff with respect to continuing the item for further review and
clarification.
In response to a request for clarification by Mr. Galvin regarding
Condition No. 4, Exhibit "A ", Chairman Merrill explained that the
condition requiring that the circulation systems be reviewed by the
City Traffic Engineer is a standard condition.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Motion was made and voted on to continue the subject off -site
Motion
All Ayes
parking agreement to the April 7, 1994, Planning Commission
meeting. (No action was necessary on Variance No. 1187).
MOTION CARRIED.
•
Ox Permit No. 171 (Amended) (Continued Public Hearin
Item No.
Request amend a previously approved use permit which
UP1715A
permitted th emodel of an existing restaurant, the addition of
on -sale alcohols beverages, the establishment of restaurant
Denied
parking spaces withi adjoining Residential District, and the
use of tandem and valet king on property located in the "Retail
and Service Commercial" ar of the Cannery Village /McFadden
Square Specific Area Plan. The oposed amendment includes a
request to allow the use of an ou or loud speaker used for
paging restaurant customers.
LOCATION: Parcel 1 of Parcel Map 6 - (Resubdivision
No. 446) located at 2110 Newp Boulevard,
on the northwesterly corner o ewport
Boulevard and 21st Street, in the ery
•
Village /McFadden Square Specific
Area.
-8.
AO
a
w
1 �
w ,
a
4s }1�J '• � J \
r yyjj//kk -.
PLANNING DEPARTMENT
CITY OF NEWPORT BEACE
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO: AM 2 u ;,395 P11
PLANNING DEPARTMENT 71g1g1101ll(12111213141516
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
IOC # 95-0147413
07 —APR -1995 03:50 PM
Recorded i;. Official Records
of Oran-3e Coenty7 California
Gary L. Granville, Clerk- Recorder
Fa e 1 of 17 :e-s. I 5�.u'.
Tax: I O.Of
OFF -SITE PARKING AGREEMENT
(503 32nd Street, Newport Beach, California)
This Agreement is made and entered into as of the 9z9, day of
1995, by and between NEWPORT VIA LIDO ASSOCIATES, a
Calif nia limited partnership ("NVLA"), 503 LIDO PARTNERS, LTD.,
a Ca fornia Limited Partnership ( 11503 Lido ") , and the CITY OF
NEWPORT BEACH, a municipal corporation (the "City ").
RECITALS
A. Earl G. Sawyer and Eleanor B. Sawyer (collectively,
"Sawyer "), Griffith Company ( "Griffith ") and City have previously
entered into that certain Off - Street Parking Agreement (the
"Original Off - Street Parking Agreement ") dated as of March 5, 1968,
which Original Off - Street Parking Agreement was recorded in the
Official Records of Orange County on March 13, 1968, in Book 8541,
Pages 383 -387.
B. 503 Lido is the successor in interest to Sawyer under the
Original Off - Street Parking Agreement.
C. NVLA is the successor in interest to Griffith under the
Original Off - Street Parking Agreement.
D. 503 Lido is the owner of that certain real property
located in the City of Newport Beach, County of Orange, State of
California, and more particularly described on Exhibit A attached
hereto and incorporated herein by this reference (the 11503 Lido
Property "). An office building (the 11503 Building ") is presently
located on the 503 Lido Property.
E. NVLA is the owner of that certain real property located
in the City of Newport Beach, County of Orange, State of
California, and more particularly described on Exhibit B attached
hereto and incorporated herein by this reference (the "NVLA
Property ").
F. Under the provisions of the 1954 Newport Beach Municipal
Code, the 503 Building was required to provide 12 parking spaces.
G. Due to changed circumstances, the Original Off - Street
-1-
Parking Agreement was entered into to provide sufficient parking
spaces to meet the City's subsequent zoning requirements by
establishing a parking easement on the NVLA property for the non-
exclusive use of 24 parking spaces. The use of the 24 parking
spaces was restricted to customers and business invitees.
H. NVLA and 503 Lido have entered into that certain "First
Amended and Restated Off - Street Parking Agreement" which amends the
Original Off - Street Parking Agreement. A recordable Memorandum of
First Amended and Restated Parking Agreement is attached hereto as
Exhibit C and included herein by this reference.
I. 503 Lido, NVLA and City now desire to enter into this
Agreement to provide for, among other things: (i) the reduction in
the number of parking spaces on the NVLA Property which the 503
Building is entitled to use from twenty (24) non - exclusive parking
spaces to twelve (12) non - exclusive parking spaces (the 1112
Spaces ") ; (ii) the requirement that NVLA obtain the consent of the
City if it desires to relocate the 12 Spaces from the "Easterly
Parking Area" as permitted by the "First Amended and Restated Off -
Street Parking Agreement; and, (iii) allowing the 12 Spaces to be
used by the owner, lessees, tenants, and occupants of the 503
Building."
J. The Planning Commission of the City of Newport Beach on
April 21, 1994, recommended to the City Council that an Off - Street
Parking Agreement be approved, which will ensure that 12 Off - Street
Automobile Parking Spaces will be provided for the benefit of the
503 Lido Property, within the "Easterly Parking Area" of the NVLA
Property as shown on Exhibit D attached hereto and incorporated by
reference.
K. The City Council approved the Amended Off - Street Parking
Agreement on o , 1995, finding the Agreement in accord
with Section 0.33.060 of the Newport Beach Municipal Code, in that
(i) the Easterly Parking Area is located so as to be useful with
the use of the 503 Lido Property, (ii) parking within the Easterly
Parking Area will not create undue traffic hazards in the
surrounding area, and (iii) the Agreement creates an easement of a
duration adequate to serve the current uses of the 503 Building.
NOW THEREFORE, in consideration of the foregoing, it is agreed
by and between the parties to this Agreement as follows:
1. NVLA agrees to grant to 503 Lido a perpetual, non-
exclusive easement (the "Parking Easement ") to 503 Lido, as owner
of 503 Lido Property, as a non - exclusive easement appurtenant to
the 503 Lido Property, for the parking of up to 12 automobiles on
the NVLA Property, on a first come, first served basis. NVLA
further agrees that it will provide the 12 Spaces solely within the
-2-
0 i
Easterly Parking Area of the NVLA property and will not relocate
any of the 12 spaces to any location outside the Easterly Parking
Area without approval of the City Council of an amendment to this
Agreement. NVLA shall not be required to obtain the consent of 503
Lido in the event of a relocation of the 12 Spaces so long as such
relocation complies with the terms of the "First Amended and
Restated Off - Street Parking Agreement," and NVLA performs its
obligations with respect to such relocation as set forth in the
"First Amended and Restated Off - Street Parking Agreement."
2. The Parking Easement may be exercised by the owners,
lessees, tenants, or occupants of the 503 Building, and their
clients, customers, or invitees.
3. The provisions of the "First Amended and Restated Off -
Street Parking Agreement, or any subsequent agreement between, or
action of NVLA and 503 Lido, shall not operate in any way to
conflict with, diminish, reduce, or eliminate NVLA's Agreement to
provide the 12 Spaces within the Easterly Parking Area for the 503
Lido Property without further amendment of this Agreement approved
by the City Council of the City of Newport Beach.
4. The City hereby approves the Amendment of the Original
Off - Street Parking Agreement by the "First Amended and Restated
Off- Street Parking Agreement" subject to the terms and conditions
of this Agreement.
5. This Agreement shall run with the property described
above and shall bind the heirs, successors, and interests and
assigns of the parties hereto, and shall be recorded in the Office
of the County Recorder, of the County of Orange, State of
California.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and executed the day first above written.
CITY OF NEWPORT BEACH
By: �� eJLA
John W. Hedges, Mayor
-3-
ATTESTED:
APPROVED AS TO FORM:
i
i
Dated: 17, /1 q , 1994
Dated: v , 1994
I
ITff"n
By: .4
By:
-4
503 LIDO
i
• 0
STATE OF CALIFORNIA)
)ss.
COUNTY OF ORANGE )
before me xt '
/V- G— personally
appeared personally known to me (or proved to me on
the basis V satisfactory Evidence) to be a person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me thatJw44h*#hey executed the
same inbisfher /their authorized capacity(ies), and that by4gs/ their signature(s) on the
instrument the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
��sc�PiX¢ �- GLCX.Pit.
Notary's Signature
STATE OF CALIFORNIA)
)ss.
COUNTY OF ORANGE )
On before me, personally
appeared personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Notary's Signature
planning \carolyn \forms \state1.cal
State of California
County of l� 4t a /!!� ,
On , 1994, before me,
linen name of notary)
notary public in and for said State, personally appeared
CDCC.lL Q . Clf- � /may personally known to me (or
pro d to fie on the bAsis of satisfactory evidence) to be the
persons) whose name(s) is /are subscribed to the within instrument
and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature l 1 <<- L�CCC� `C �� c_
CAPACITY CLAIMED BY SIGNER:
[ ] Individual(s)
[✓f Partner(s)
[ ] Trustee(s)
[ ] Corporate _
Officer(s)
Titles)
Attorney -In -Fact
Subscribing Witness
Guardian /Conservator
Other:
SIGNER IS REPRESENTING:
e.
Name of Person(s) or Entity(ies): 503 Lido Partners, LTD., a
California limited partnership.
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies) , and that by
his /her /their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
within instrument.
WITNESS my hand and official seal.
l I / o ioui�e
flOTARY RIBUC CALF
Notary Public �,n,0 1°^4g 1 7 199T
On a tm
, 1991_, before me,
the undersigned, a
Notary
Public in and or
said County and State,
personally appeared
Fe', —,z- L- bL. DA
,
(�(
personally known to
me;
❑
proved to me on the
basis of satisfactory
evidence,
to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies) , and that by
his /her /their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
within instrument.
WITNESS my hand and official seal.
l I / o ioui�e
flOTARY RIBUC CALF
Notary Public �,n,0 1°^4g 1 7 199T
Exhibit A
Legal Description of 503 Lido Property
LOT 6, TRACT 1117, AS RECORDED IN BOOR 35, PAGE 48 OF
MISCELLANEOUS MAPS OF THE RECORDS OF ORANGE COUNTY,
EXCEPTING THEREFROM THE EASTERLY 114 FEET.
Exhibit A - Page 1
Exhibit B
Legal Description of NVLA Property
PARCEL 1:
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A PARCEL HAP FILED IN BOOR 85 PAGES 1 AND 2 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
A NON - EXCLUSIVE EASEMENT OVER THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF SECTION 28, TOWNSHIP 6, SOUTH, RANGE 10 WEST, S.B.B. & M., IN
THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED
AS:
THE WESTERLY 180 FEET OF THE NORTHERLY 50 FEET OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN A QUITCLAIM DEED TO THE CITY OF NEWPORT BEACH RECORDED IN BOOK
1011, PAGE 379 OF THE OFFICIAL RECORDS OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM THAT PORTION OF PARCEL 2 AS DESCRIBED IN A DEED RECORDED
IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS WHICH LIES WITHIN THE PARCEL
FIRST DESCRIBED ABOVE.
Exhibit B - Page 1
ExHrb1 #c
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
COX, CASTLE & NICHOLSON
2049 Century Park East, Suite 2800
Los Angeles, California 90067
Attention: Gary A. Glick, Esq.
Space above this line for Recorder's use only
MEMORANDUK OF FIRST AMENDED AND RESTATED
OFF - STREET PARKING AGREEMENT
This Memorandum of First Amended and Restated Off- Street
Parking Agreement (this "Memorandum ") is dated as of the day
of , 1994, by and between NEWPORT VIA LIDO ASSOCIATES, a
California limited partnership ("NVLA") and 503 LIDO PARTNERS,
LTD., a California Limited Partnership ( "503 Lido ") , with reference
to the following facts:
503 Lido is the owner of that certain real property located in
the City of Newport Beach, County of Orange, State of California,
and more particularly described on Exhibit A attached hereto and
incorporated herein by this reference (the "503 Lido Property ").
NVLA is the owner of that certain real property located in the
City of Newport Beach, County of Orange, State of California, and
more particularly described on Exhibit B attached hereto and
incorporated herein by this reference (the "NVLA Property ").
On or about 1994, NVLA and 503 Lido entered into
that certain First Amended and Restated Off- Street Parking
Agreement (the "Agreement "), which Agreement amends and restates
that certain Off -Site Parking Agreement (the "Original Off -Site
Parking Agreement ") dated as of March 5, 1968, and recorded in the
Official Records of Orange County on March 13, 1968, in Book 8541,
Pages 383 -387. The Agreement provides, among other things, for (i)
the reduction in the number of parking spaces 0503 Lido and its
Agents" (as defined in the Agreement) is entitled to use on the
NVLA Property from twenty -four (24) parking spaces to twelve (12)
parking spaces (the "12 Spsaces"), (ii) the right of NVLA to
designate a specific portion of the "Parking Areas" (as defined in
the Agreement) to be used by 503 Lido and its Agents for the 12
Spaces, (iii) a monthly parking charge payable by 503 Lido for the
right to use the 12 Spaces, (iv) the designation of those persons
entitled to use the 12 Spaces, (v) certain validation rights
granted to 503 Lido and its Agents and certain validation
QAO 229" 111S713 01!20!91
• •
obligations imposed on NVLA, and (vi) NVLA'a obligation to maintain
the "Via 9=orto Wall Opening" (as defined in the Agreement).
NOW, THEREFORE, for and in consideration of the foregoing,
NVLA and 503 Lido hereby agree as follows:
(a) Grant of Parking Easement. Subject to the terms and
conditions of the Agreement, NVLA hereby grants to 503 Lido a
perpetual, a non - exclusive easement (the "Parking Easement ") , which
is granted to 503 Lido as owner of the 503 Lido Property as an
easement appurtenant to the 503 Lido Property, for the parking of
up to twelve (12) "automobiles" (as defined in the Agreement)
within the Parking Areas by 503 Lido and its Agents.
(b) Terms and Conditions of the Agreement. NVLA and 503 Lido
agree to be bound by the terms and conditions of the Agreement,
which Agreement is incorporated herein by this reference. In the
event of any inconsistency between the terms and conditions of this
Memorandum and the terms and conditions of the Agreement, the terms
and conditions of the Agreement shall govern and control.
IN WITNESS WHEREOF, each of the parties hereto has executed
this instrument as of the date first above written.
Pelft ?
NEWPORT VIA LIDO ASSOCIATES, a California
limited partnership
By: Fritz Duda Company, a Texas
corporatiop,,its General Manager
By:
Print Name: Yff
21T2. • N6A
D
Its: 1 Ci 611),E0 (-
Dated: /.?-byIlq i
(signatures continued on next page]
GAG nrntusua -2-
0
[signatures continued from previous page]
503 LIDO:
503 LIDO PARTNERS, LTD., a California
Limited Partnership
Dated: d oZ3 Lty
By:
Prin dame: V�9cl< s AKosey
Its. G2151V4 0- MkMllle of X71 XXyrvdA'ssr r•17-
/A27XOQ
Dated: 41o931"
GAG ZZM 114574 3 -3-
STATE OF CALIFORNIA )
as.
COUNTY OF
On S 3 , 199 , before me, the undersigned, a Notary
in and for said County and State, personally appeared
V
personally known to me;
❑ proved to me on the basis of satisfactory evidence,
to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their
signature (a) on the instrument the person (a), or the entity upon behalf
of which the person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
OFFCM SEAL
/
EJOKAKTHLEEN M. WHITE arria
aLL✓Ceec�ti - Ce -zbe R FGE COUNTY RANGE CWN1V Notary Public 2�t B. 1ggse°
STATE OF CALIFORNIA )
as.
COUNTY OF _)
On ? 1994, before me, the undersigned, a Notary
Public and for said County and State, personally appeared
v v v
personally known to me;
[:] proved to me on the basis of satisfactory evidence,
to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies) , and that by his /her /their
signatures) on the instrument the person(a), or the entity upon behalf
of which the person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
OFFICIAL SEAL
KATHLEEN M. WHITE
Notary PJAC- Caftmla
ORANGE
wvN an EqY
My Cammialon E>rpYa
Notary Public September 8. 1995
GAG 22979 114574 3
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On , 199q, before me, the undersigned, a
Notary PWic in and for said County and State, personally appeared
EA personally known to me;
❑ proved to me on the basis of satisfactory evidence,
to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by
his /her /their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
within instrument.
WITNESS my hand and official seal.
ARIENc L BIRON �
1
���E��v�
o¢ Comm # 1011178
NOTARY PUBLIC - CM5ORM
Notary Public d �tyoonm°E, 8 17 �yy7 n
Exhibit A
Legal Description of 503 Lido Property
LOT 6, TRACT 1117, AS RECORDED IN BOOR 35, PAGE 48 OF
MISCELLANEOUS NAPS OF THE RECORDS OF ORANGE COUNTY,
EXCEPTING THEREFROM THE EASTERLY 114 FEET.
Exhibit A - Page 1
Exhibit B
Legal Description of NVLA Property
PARCEL 1:
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A PARCEL MAP FILED IN BOOK 85 PAGES 1 AND 2 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
A NON - EXCLUSIVE EASEMENT OVER THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF SECTION 28, TOWNSHIP 6, SOUTH, RANGE 10 WEST, S.B.B. & M., IN
THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED
AS:
THE WESTERLY 180 FEET OF THE NORTHERLY 50 FEET OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN A QUITCLAIM DEED TO THE CITY OF NEWPORT BEACH RECORDED IN BOOK
1011, PAGE 379 OF THE OFFICIAL RECORDS OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM THAT PORTION OF PARCEL 2 AS DESCRIBED IN A DEED RECORDED
IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS WHICH LIES WITHIN THE PARCEL
FIRST DESCRIBED ABOVE.
Exhibit B - Page 1
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f� VI
-1ITY OF N F.,WPORTBEACH
OFFICE OF THE CITY CLERK
P,O, BOX 1768, NEWPORT, HgAtH. CA 92658 -8915
(714)644'
T0: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: May 29, 1990
SUBJECT: Contract No. C -2801
Description of Contract Via Lido Plaza Parking Lot
Reconstruction Agreement
Effective date of Contract February 22, 1990
Authorized by Minute Action, approved on February 12, 1990
Contract with Newport Via Lido:Associates
Address c/o Fritz Duda Company
1940 West Orangewood Avenue, Suite 207
Orange, CA 92668 -2050
Amount of Contract (See Agreement)
"W�, S 4e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport
s-
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6
TO: City Council
aY THE CITY COUNC
f CITY OF NEWPORT BE
! APPRO�'�)
FROM: Public Works Department
SUBJECT: VIA LIDO PLAZA PARKING LOT
RECOMMENDATIONS:
4
February 12, 1990
CITY COUNCIL AGENDA
ITEM NO. F -3(a)
1. Authorize the Mayor and City Clerk to execute an
agreement with Newport Via Lido Associates which
provides for among other things a contribution of
50% of design and construction cost up to a maximum
of $45,000.
2. Authorize the Mayor and City Clerk to execute
Amendment No. 1 to Indenture of Easement which
modifies the number of parking spaces waived from
11 to 6.
DISCUSSION:
On November 27, 1989, the City Council directed the staff
to revise the Newport Boulevard widening plans to remove parking in
front of City Hall. The revision was to provide replacement
parking on 32nd Street, in Via Lido Plaza and through an employee
"City vehicle" take home program.
An agreement has been negotiated with the Fritz Duda
Company, doing business as "Newport Via Lido Associates" to
reconstruct their westerly parking lot to gain 11 parking spaces.
The agreement provides:
City agrees to:
1. Contribute 50% up to a maximum of $45,000 for the
parking lot design and construction.
2. Provide survey stakes along the new Newport
Boulevard boundary.
3. Allow the relocation or replacement of the pylon
sign.
4.
Relocate
10 palm trees along
Newport Boulevard.
5.
Permit 2
additional Pavilions
Place building signs.
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Cl
Subject: Via Lido Plaza Parking Lot Reconstruction Agreement
February 12, 1990
Page 2
Newport Via Lido Associates agree to:
1. Reconstruct the Via Lido Plaza westerly parking lot
to replace 11 or more parking spaces and pay 50% of
the design and construction cost plus 100% of any
amount over $90,000.
2. Amend the Indenture of Easement agreement to reduce
the number of waived parking spaces from 11 to 6.
3. Remove by March 15, 1990, unless otherwise approved
by the Public Works Department, the pylon sign and
any other salvageable improvements form the area
previously dedicated to the City.
4. Complete the westerly parking lot reconstruction by
June 1, 1990.
5. Take out of service 3238 square feet of mezzanine
area in The Pavilions Place building.
City and Newport Via Lido Associates mutually agree to:
1. Retain a consultant to evaluate the feasibility of
joint use parking structure.
2. Evaluate the outcome of the study and consider an
implementation program.
3. Execute an amendment to the Indenture of easement
to change the parking space waiver from 11 to 6.
4. Confirm that a total of 287 parking spaces are
required for the current Via Lido Plaza uses.
A copy of the agreement is attached for reference.
When the owners of the Via Lido Plaza dedicated the area
necessary to widen Newport Boulevard across their frontage, the
City agreed to waive the requirements for 11 parking spaces. since
the City is agreeing to pay for 50% of the cost of restoring the 11
parking spaces to be lost, it has been agreed that the waiver of
spaces will be reduced from 11 spaces to 6 spaces. This will
require an amendment of Indenture of Easement executed in 1976 when
the property was dedicated. The amendment is attached.
The other provisions of the agreement are self -
explanatory.
•
Subject: Via Lido Plaza Parking Lot Reconstruction Agreement
February 12, 1990
Page 3
Newport Via Lido Associates have agreed to the provisions
of the agreement. The staff has indicated that the City Council's
approval of the agreement would be subject to the issuance of a
Coastal Permit for the revised parking concept that removed parking
from in front of City Hall. The Coastal Commission hearing will be
held on February 14, 1990. The Commission staff has written a
favorable staff report and recommended approval of the City's
project revision.
A; wtvwl J. U
Benjamin B. Nolan
Public Works Director
DW:so
Attachment
U
THIS AGREEMENT, made and entered into this
day of 1990, by and between
NEWPORT VIA LIDO ASSOCIA , a California Limited Partnership,
hereinafter referred to as "COMPANY", and the CITY OF NEWPORT
BEACH, a Municipal Corporation, organized and existing under and by
virtue of its Charter and the Constitution and the laws of the
State of California, hereinafter referred to as "CITY ";
W I T N E S 8 E T H:
WHEREAS, CITY and COMPANY own adjoining parcels of real
property on the easterly side of Newport Boulevard lying between
32nd Street and Via Lido in CITY; and
WHEREAS, Newport Via Lido Associates, a California
limited partnership, has succeeded to the interest of Orange Coast
Developers, a California corporation, as owners of Via Lido Plaza,
the shopping center located on the property adjoining City's
property; and
WHEREAS, CITY and COMPANY have previously entered into an
agreement entitled Indenture of Easement, dated November 24, 1976,
and recorded as Document No. 3648, Book 11981, Pages 602 -611, on
December 1, 1976, (attached hereto as Exhibit "A" and incorporated
herein) which provides for grant of right -of -way, parking lot
modifications and parking space loss; and
WHEREAS, CITY has a project to widen the easterly side of
Newport Boulevard from 32nd Street to Coast Highway hereinafter
referred to as PROJECT; and
WHEREAS, PROJECT will utilize rights -of -way dedicated to
CITY by "Exhibit A", hereinafter referred to as "DEDICATION AREA ",
and will require both COMPANY and CITY to make modifications to the
existing parking area adjacent to PROJECT; and
WHEREAS, the California Coastal Commission has required
CITY to replace on a one for one basis those parking spaces deleted
by PROJECT and CITY desires to find locations for replacement
parking that are not in front of City Hall, and;
WHEREAS, the westerly Via Lido Parking Lot can be
reconstructed to provide additional parking spaces and a landscape
strip next to PROJECT for a cost estimated to range from $70,000 to
$90,000, and;
WHEREAS, CITY and COMPANY desire to cooperate in an
improvement program which provides more parking availability to
COMPANY and also helps to satisfy CITY'S obligation to provide
replacement parking in conjunction with the construction of
PROJECT;
NOW, THEREFORE, CITY and COMPANY agrees as follows:
A. CITY AGREES to:
1. Contribute fifty percent (50 %) of the design and
construction costs, up to a maximum of $45,000, to reconstruct the
westerly Via Lido Plaza parking lot to replace 11 parking spaces
lost through the dedication of DEDICATION AREA and in consideration
of this contribution rescind the waiver of 5 parking spaces
provided for in Paragraph 6 of Exhibit "A ".
2. Provide survey stakes for the line and grade of back
of sidewalk for project in a timely manner after notification by
COMPANY that the staking is needed for the parking lot
reconstruction.
3. Allow the relocation of the existing pylon sign or
the installation of a new pylon sign provided the new sign is the
same height or lower than the existing sign and has similar areas
of signage and is installed so that it meets current building
standards and zoning codes. The sign may be installed in the new
8 foot landscaped area in a location that does not block vehicular
sight distance from Finley Street or the Newport Boulevard driveway
entrance /exit.
K
4. Relocate approximately 10 palm trees into the 8 foot
landscaped area between PROJECT and the reconstructed parking lot.
The location of palm trees within the landscape strip is to be
determined by COMPANY.
5. Permit additional building signage identifying
Pavilions Place in the two locations shown on Exhibit "B" and
B. COMPANY AGREES to:
1. Reconstruct the Via Lido Plaza westerly parking lot
in conformance with CITY standards and permitting procedures to
provide a new design that replaces the eleven (11) or more parking
spaces lost by the right -of -way dedication in Exhibit "A ", and to
pay for 50% of the contract design and construction costs. If the
total reconstruction costs, including design, is more than $90,000,
COMPANY will pay for those amounts in excess of the CITY's $45,000
share.
2. Amend Exhibit "A" to reduce the number of waived
parking spaces from eleven (11) to six (6).
3. Remove by March 15, 1990, unless otherwise approved
by the Public Works Department, the pylon sign and any other
salvageable improvements within the DEDICATION AREA and to grade
and prepare the eight (8) foot wide landscaped strip next to
DEDICATION AREA so that CITY can relocate the aforementioned palm
trees into locations designated by COMPANY. The westerly edge of
landscape strip is to be graded to conform to the line and grade of
the back of sidewalk for PROJECT as provided by CITY.
4. Complete the westerly parking lot reconstruction by
June 1, 1990.
5. Take out of service, leave vacant and not allow to be
used approximately 3238 square feet of mezzanine area for Building
"A" (Pavilions Place) shown on Exhibit "C" as the cross- hatched
area.
C. CITY and COMPANY mutually agree to:
1. Retain a consultant that specializes in the design
of parking structures to evaluate the feasibility of constructing
9
�J
a parking structure on the easterly side of both the CITY 's and the
COMPANY's property. Said structure could be jointly used by CITY
and COMPANY to provide additional parking for expanded uses on each
property. The cost of the study is to be equally shared.
2. Evaluate the outcome of the feasibility study and
consider an implementation program.
3. Execute an amendment to Exhibit "A" providing for a
change in the parking waiver from (11) to (6) the remaining terms
and provisions of Exhibit "A" shall remain unmodified and in full
force and effect.
4. Confirm, for the purposes of determining current
parking count compliance and for acting on any future applications
for subdivision, re- subdivision, building permits, variances, use
permits, or other applications of COMPANY's or any of COMPANY's
lessees, tenants, or assigns relating to the ownership or use of
COMPANY's property, that a total of two hundred eight -seven (287)
parking spaces are required for the current uses in the Via Lido
Plaza complex. This total parking space count reflects six (6)
spaces waived by the CITY as described in paragraphs A.1., B.2. and
C.3., and a thirteen (13) parking space reduction for Building "A"
(Pavilions Place) due to the reduced square footage described in
Paragraph 8.5. If any portion of the area described in Paragra
8.5. is put back in service or if the Via Lido Plaza building ar as
are increased or decreased in size or interior and exterior uses
are changed, the total parking requirement will be adjusted in
accordance with the current City requirements, policies and codes.
5. Mutually approve plans and bids received for the
westerly parking lot reconstruction prior to the start of
construction. COMPANY shall submit to CITY invoices for CITY's
share of work completed on a monthly basis and CITY shall reimburse
COMPANY within 30 days of receipt of invoice.
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IN WITNESS WHEREOF, the parties here have executed this
AGREEMENT as of the day and year first above written.
ATTEST:
City Clerk
AT ST:
Vice President
AS TO FORM: \
:1
W
CITY OF NEWPORT BEACH
a municipal corporation
By: 1_A►._ A
Mayor
( "CITY ")
NEWPORT VIA LIDO ASSOCIATES
a California limited partnership
By: Fritz Duda Company,
a Texas corporation,
Its General Manager
By:
Donald J. Howdrd
Executive Vi President
( "COMPANY ")
RECORDING REQUESTED BY AND
IcElGiv P-'CORDED RI�J[:N TO:
Orange Coast u�veloper.s
3650 Cherry Avenue
Post Office Box 930
Long Beach, California 90801
r? ;I -s( City of ae;por t Beach
I—C. ),
RFCOROFL) IN OFFICIAL R =Co2ry
OF ORANG: COUNTY, CALIFORNIA
n.
30 Nast 2 PM DEC 2 1978
J- ITILEE CARLYEf, Coulty C?; -,M,r
Space Above This Line for Recorder's Use Only
7 C� ✓ ii1 / 7
INDENTURE OF EASEMENT ,
THIS AGREEMENT, made and entered into this
day of 1976, between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter referred to as
"City ", and ORANGE COAST DEVELOPERS, a California Corporation,
hereinafter referred to as "Company ";
W I T N E S S E T H:
WHEREAS, City and Company own adjoining parcels of
real property on the easterly side of Newport Boulevard lying
between 32nd Street and Via Lido in City; and
WHEREAS, Company maintains a driveway from its
property onto the City Hall access road along the northerly
side of the City owned property, adjacent to and immediately
southerly of Company's property, to gain access to and from
the intersection of Newport Boulevard and Finley Avenue for
vehicles entering and leaving Company's property; and
WHEREAS, said access driveway is maintained under
the terms of an Indenture of Easement between City and
Company dated December 10, 1963; with said Indenture providing
for a non - exclusive temporary easement to Company for access
road purposes over a portion of said City Hall access road;
and
WHEREAS, Company desires that said temporary access
easement be made permanent; and
WHEREAS, as a condition of approval of Resubdivision
�\ II
��iair A
No. X16, api)roved by City's Planning Commission on April 1,
1976, Company is required to dedicate for public street and
highway purposes a triangular parcel of right of way over the
southwesterly corner of Company's property adjacent to Newport
Boulevard; and
WHEREAS, the terms of said dedication are to be as
provided for in an agreement between City and Company;
NOW, THEREFORE, the parties agree as follows:
1. Grant of Access Easement. City hereby grants
to Company a non - exclusive easement for ingress and egress to
and from Company's properties, over, above and across the
following described property owned by City:
That portion of Section 28, Township 6,
South, Range 10 West, S.B.B. & M., in
the City of Newport Beach, County of
Orange, State of California, described as:
The westerly 180 feet of the northerly
50 feet of that certain parcel of land
described in a quitclaim deed to the
City of Newport Beach recorded in Book
1011, Page. 379 of the official Records
of said Orange County.
Excepting therefrom that portion of
Parcel 2 as described in a deed recorded
in Book 1741, Page 174 of said official
Records which lies within the parcel first
described above.
The use of said easement shall include (but not by
way of limitation) the free and unobstructed use by public
patrons, guests, business invitees, employees and agents
(including the public patrons, guests, business invitees,
employees and agents of Company's tenants, subtenants and assigns)
over, upon and across such easement area granted hereby. Said
easement is shown on a drawing of the Public Works Department
of City dated August 10, 1976, marked Exhibit: "A" and attached
hereto and by this reference incorporated herein.
City reserves the right to dedicate and/or otherwise
utilize all or a portion of said easement- for public street
and highway purposes.
?. Maintenance of Driveway. Company Y� p 1 shall maintain
the landscaping and the curbs, paving and other roadway
improvements in a safe condition in the driveway entrance area
(situated on Company's property) connecting Company's property
to said City Hall. access road.
3. Additional. Improvements. If, as a result of
Providing this access easement and allowing the driveway as
herein provided, traffic congestion occurs on said City Hall
access road, Company agrees, upon written notice from City
that such congestion has occurred, to reconstruct and widen
the curbs, pavement, street lighting, and all other improvements.
on the easement area in accordance with plans and specifications
approved by the Public works Director of City as necessary to
relieve said congestion. Company agrees to reconstruct needed
improvements on its property adjacent to the easement area,-
as may be determined to be necessary by City to.rel.ieve such
congestion, provided that no such reconstruction shall. be required
.which will result in a reduction of available on -site automobile
parking spaces on Company's property adjacent to said easement.
It is further agreed that should any widening of the easement
area be necessary, City shall consider the widening of said
easement area over and across City's property adjacent and
southerly of said easement area. To the extent such improvements
or expansion requires a modification of the legal description
set forth herein, an amendment to this Indenture shall thereupon
be made and recorded. The decision as to the congestion and
the cause of it and the necessity for said improvement shall be
wholly in the reasonable discretion of City and, upon a determina-
tion that such improvements are necessary, Company agrees to
prepare plans and specifications and commence construction.thereof
within ninety (90) days after notice in writing from City of
the determination of the necessity for said construction.
-3-
4. Maintenance of Access Easement. City and Company
agree to share equally the cost of major maintenance (exclud-
ing sweeping, striping, seal coating, and resurfacing which
shall be at City's expense) of the portion of the City hall
access road covered by the access easement. Company shall
promptly pay its share of such costs to City upon billing by
City.
5. Indemnification.. Company agrees to indemnify and
hold City and its officers and employees in the conduct of
their office or the course of their employment harmless from
all demands, claims and liability for damages arising from
injury or death to persons or damage to property which occurs
or is alleged to have occurred on or adjacent to the easement
area as a result, in whole or in part, of the design, upkeep ✓
or maintenance of the improvements thereon (only to the extent
Company is responsible for such design, upkeep or maintenance)
or which arises out of or is in any way related to the use
thereof by Company, its lessee or lessees, or the invitees or
patrons of said Company or said lessee or lessees. This
indemnity shall not extend to the acts or omissions by or of
City, its officers, agents and employees.
6. Grant of Right of Way. Company agrees to convey
to City by grant deed, concurrently with the execution of this
document, an easement for public street and highway purposes
over a triangular parcel of land at the southwesterly corner'
of Company's property adjacent to Newport Boulevard. Said
easement is described in the attached legal description marked
Exhibit "B" and attached hereto and by this reference incorporated
herein and shown on attached plat, marked Exhibit "C ", attached
hereto for illustrative purposes only.
It is mutually agreed that Company's existing improve-
ments (consisting of decorative wall, sign, landscaping and
-4-
parking lot improvc;nerits) may remain within the area of said
easement until the area is needed for street widening. Upon
notice by City that said area is needed for street widening,
Company agrees to promptly .remove any of its improvements
which it wishes to salvage and to rearrange its parking lot
improvements as necessary to accommodate the street widening,
at its cost, provided, City shall be responsible for
constructing all public improvements in conjunction with the
street widening.
City.and Company acknowledge that such street
widening will eliminate approximately eleven (11) parking
spaces on Company's property. City, in consideration of such
grant, shall take fully into consideration such parking loss
in connection with any applications for subdivision, resub-
division, building permits or other applications of Company
or any of Company's lessees; tenants, or assigns relating to
the ownership or use of Company's property and, for the
purpose of City's parking requirements, City shall treat such
applications as if such parking loss had not occurred and
City shall consider said parking spaces, lost hereunder, as
permanently waived.
7. Recordation. This indenture shall be recorded,
shall run with the land, and shall be binding on the
successors in interest of the parties.
8. Notice. All notices which may be given hereunder
shall be in writing and, if given to City, may be given
personally to the Mayor, City Manager or City Clerk of City
or may be mailed by first class mail with postage prepaid to
3300 W. Newport Boulevard, Newport Beach, California 92663,
and, if given to Company, may be given personally to an
officer of Company or may be mailed by first class mail with
-5-
a
i
postage prepaid to 3650 Cherry Avenue, Long Beach, California.
Either party may give written notice to the other of a
different address to which notice by mail should be sent.
,IN WITNESS WHEREOF, the parties hereto have executed
this Indenture of Easement as of the day and year first above
written.
ATTEST:
city Clerk
ATTEST:
CITY OF NEWPORT BEACH, a
Municipal Corporation
By 1
or
ORANGE COAST DEVELOPERS, a
California Corporation
rr�
Bl L .
Executive Vice Presldont IJ +�
This is to certify that the interest in real property conveyed by the
deed or grant dated November 17, 1976 , from
ORANGE COAST DEVELOPERS, a Corporation
to the City of Newport Beach, a municipal corporation, is hereby accepted
by the City Manager on the loth day of November ,
19 76 ,.and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: November 30, 1976
Authorized by Council Resolution No. 6773
ROBERT L. WYNN, City Manager
S'T'ATE OF CALIFORNIA )
i SS
County of Orange )
On , 1976 before me, the
undersigned, a Notary Public in and for said State, personally
appeared _ , known to me to be the
Mayor, and , known to me to be the
City Clerk of the municipal corporation that executed the within
Instrument, known to me to be the persons who executed the
within Instrument on behalf of the municipal corporation therein
named, and acknowledged to me that such municipal corporation
executed the within Instrument pursuant to a resolution of its
City Council.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
) SS
county of Los Angeles)
On November 17 , 1976, before me, the
undersigned, a Notary Public in and for said State, personally
appeared Edwin J. Mi7s�e , known to me to be the
Execuf:_Ly- ice President, and Robert D. Lvtl� 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.
WITNESS my hand and official seal.
{�iu rznvnn�n.,.n....... snnmmrnnmm�r numm:mnrmm..m.mr.,mrrn. +m
OFFICIAL SEAL
ELENA G. NUNEZ
NOTARY PU(T IC CALIFORNIA
PRINCIPAL OFFICE IN _
1.03 ANULrs COUNry
My Cn!:c r ^;[.ion
F:: Aire; lure
S'TATE OI' CALIFORNIA)
) ss:
COUN'T'Y OF OFZANGR )
C
Notary Publ.i�'�c in anT .dr said State
On , 1976, before me, the undersigned,
a Notary Public in an for s_a d State, personally appeared
whose name is subscribed to the within
instrLiment and acknowledged that execut:ccl the same.
WITNESS my hond and official seal.
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DRAWING
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A parcel of land tieing a portion of Lnt 3 of
Tract 1117 as shown on a map recorded in
Book 35, Page 48 of Miscellaneous Maps,
Records of Orange County, and a portion of
Section 28, Township 6 South, Ranee 10 Uest
of the Safi Gernardinn Meridian, more
particularly described as follows:
Beginning at the centerline intersection of
Central Avenue and Via Lido as shorn on a
map of Tract 1117 as recorded in Book 35,
Page 48 of Miscellaneous Maps, Records of
Orange County. thence South 22059'00" West
a distance of 197.15 feet along the center-
line of said Central Avenue, thence South
67001100" East 30,00 feet to a point on a
curve, a radial line from said point bears
North 76009'24" West, said point being the
beginning of said curve and the True Point
of Beg'inn'ing: thence southeasterly along
said curve a distance of 279.25 feet, said
curve having a central angle of 5048128"
and a radius of 2754.93 feet, said curve
also being the easterly right of way of
Central Avenue and Newport Boulevard as
both are shorn on the aforementioned map
of Tract 1117, thence North 89015'30" East
a distance of 46,89 feet, along the southerly
line of Parcel 2 as recorded in Book 1741,
Page 174, Records of Orange County, to a
point of cusp with a tangent curve, said
curve having a central angle of 95027'35" and
a radius of 15,00 feet, thence westerly,
northwesterly and northerly along said curve
a distance of 24,99 feet to a point of
tangency with a line, thence North 4043105"
East along said line a distance of 258,10
feet to the True Point of Beginning,
EXHIBIT "B"
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„RECORDING REQUESTEITBY AND �O��CQQ(��
'WHEN RECORDED RETURN TO: .1JUU
City Clerk � 1 99V
City of Ne ort Bach
Post Office Box 1768 ncr
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
D IN OFFICIAL RECoR03
ORANGE COUNTY, CALIFORNIA
12:00
P-M• MAY 15 1990
4,r' Q•C6W,196ZREC0RDER
pace above tnis .line xecco�ra7er•s use only
I EX AS AN AGREEMENT (,(// CITY ENGINEER
THIS AMENDMENT NO. 1 TO INDENTURE OF EASEMENT is made and
entered into this ag2o� day of February 1990, between THE CITY
NEWPORT BEACH, a municipal corporation, hereinafter referr� os
"CITY ", and NEWPORT VIA LIDO ASSOCIATES, a Californiai li���
partnership, hereinafter referred to as "COMPANY ".
00"v OF
26"
W I T N E S S E T H
WHEREAS, CITY and COMPANY own adjoining parcels o '
property on the easterly side of Newport Boulevard lying between
32nd Street and Via Lido in CITY; and
WHEREAS, Newport Via Lido Associates, a California
limited partnership, has succeeded to the interest of Orange Coast
Developers, a California corporation, as owners of Via Lido Plaza,
the shopping center located on the property adjoining CITY's
property; and
WHEREAS, CITY and COMPANY have previously entered into
an agreement entitled Indenture of Easement, dated November 24,
1976, and recorded as Document No. 3648, Book 11981, Pages 602 -611,
on December 1, 1976, (attached hereto as Exhibit "A" and
incorporated by this reference and hereinafter referred to as the
"Indenture ") , which provides for grant of right -of -way, parking lot
modifications and parking space loss; and
WHEREAS, CITY and COMPANY have entered into an Agreement
dated February 1990 to implement and facilitate the widening of
Newport Boulevard, which Agreement provides for certain amendments
to the Indenture of Easement;
NOW, THEREFORE, CITY and COMPANY hereby amend and
supplement said Indenture as follows:
1. Waiver of Parking Spaces. The provisions of
Paragraph 6 of the Indenture which provide that CITY shall
permanently waive eleven (11) parking spaces on the COMPANY
property are hereby modified by substituting the number six (6) as
the number of parking spaces permanently waived by CITY in
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accordance with the provisions set forth in said Paragraph 6.
2. Notice. The addresses which notices may be given in
accordance with the provisions of Paragraph 8 are hereby modified
and restated as follows:
CITY: City of Newport Beach
3300 West Newport Blvd.
Newport Beach, CA 92663
COMPANY: Newport Via Lido Associates
c/o Fritz Duda Company
1940 West Orangewood Avenue
Suite 207
Orange, CA 92668 -2050
With a copy to:
Fritz Duda Company
2225 One Galleria Tower
13355 Noel Road
Dallas, Texas 75240 -6603
3. Survival of Indenture. Except as specifically
modified and supplemented as set forth herein, all terms and
conditions of the Indenture shall remain unmodified and in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
First Amendment to Indenture of Easement as of the day and year
first above written.
ATTEST:
A� A C-e
City Clerk
A ::a)?--AIL
Vice President
; P 'I ED AS 70 FORM:`
dy Attorney
2
CITY OF NEWPORT BEACH
a municipal corporation
0 ="V'AU
( "CITY ")
NEWPORT VIA LIDO ASSOCIATES
a California limited partnership
By: Fritz Duda Company,
a Texas corporation,
Its General Manager
By:
Donald J. H w d
Executive V1 6e President
( "COMPANY ")
r
STATE OF CALIFORNIA
) ss:
COUNTY OF ORANGE 1
On caJa U.�Jt.�. oC 2 , 1990, before me, the undersigned, a
Notary Public inMd for the State, personally appeared Ruthelyn
Plummer, known to me to be the Mayor of the City of Newport Beach
and Wanda E. Raggio, known to me to be the City Clerk of the City
of Newport Beach, known to me to be the persons whose names are
subscribed to the within instrument, and acknowledged to me that
they executed the same.
ii
r
WITNESS my hand and official seal.
OFFICIAL SEAL
DOROTHY L. PALEN
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My Comm. Expires May 25,1993
CAT. NO. NNO0630
TO 21946 CA (1-63)
(Partnership)
STATE OF CAL
On A�L
said State,
Notary Public n and for said State
TICOR TITLE INSURANCE
El
J before me, the undersigned, a Notary Public in and for
, persowy known to me or
proved to me on the basis of satisfactory evidence to be
the person _ who executed the within instrument as
Dh2 of the partners of the partnership
that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal. 1�
Signature v
(This area for off ciel nouriml sal)
STATE OF CALIFORNIA )
SS.
COUNTY OF ORANGE )
On this v,i Iday of �, 19 90, before me, the undersigned, a Notary Public in and for said County and
lY
State, personal ly appeared R u.3 'S�I:I, -Ngg , personally known to me
or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and
acknowledged that
h--a (she or they) executed it.
signature %l'AU , ✓v
Notary Public in and for said County and State
My Commission Expires December 17, 1993
3
OFFICI SEAL
Eel ARLENE L. BIRON
NOTARY PUBLIC- CALIFORNIA ORANGE COUNTY
y Comm. Expires Dec. 17,1993
. tc:C:U ttU i�'G 1LLuU L' ":i'i t-U �%iTiTQ
rrrrrr; aecoRDED Rroi:N To: 402
• Orange Coast Doollopers
3650 Cherry Avenue
Post office Box 980 RFCORDFO to OFFICIAL r =CCP.rs
1_. ,_i.; I OF ORANGE COUNTY. CALIFORNIA
,.. Long Beach, California 90801 1 �
C. - s Min.
30 Nast 2 P to NC 2 1975
L WYLIE CARLYL& Caanty Ce;.ardo
City Of NeWpOrt Beach _
Space Above This Line for Recorder's Use Only
INDENTURE OF EASEMENT��i
is
THIS AGREEMENT, made and entered into this(%
day of 1976, between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter referred to as
"City ", and ORANGE COAST DEVELOPERS, a California Corporation,
hereinafter referred to as. "Company ";
W I T N E S S E T H:
WHEREAS, City and Company own adjoining parcels of
real property on the easterly side of Newport Boulevard lying
between 32nd Street and Via Lido in City; and
WHEREAS, Company maintains 'a driveway from its
property onto the City Hall access road along the northerly
side of the City owned property, adjacent to and immediately
southerly of Company's property, to gain access to and from
the intersection of Newport Boulevard and Finley Avenue for
vehicles entering and leaving Company's property; and
WHEREAS, said access driveway is maintained under
the terms of an Indenture of Easement between City and
Company dated December 10, 1963; with said Indenture providing
for a non - exclusive temporary easement to Company for access
road purposes over a portion of said City Hall access road;
and
WHEREAS, Company desires that said temporary access
easement be made permanent; and
WHEREAS, as a condition of approval of Resubdivision
ExH�eiT A
;:r
No. X16, approved by City's Planning Commission on April 1,
1976, Company is required to dedicate for public street and
highway purposes a triangular parcel of right of way over the
southwesterly corner of Company's property adjacent to Newport
Boulevard; and
WHEREAS, the terms of said dedication are to be as
provided for in an agreement between City and Company;
NOW, THEREFORE, the parties agree as follows:
1. Grant of Access Easement. City hereby grants
to Company a non - exclusive easement for ingress and egress to
and from Company's properties, over, above and across the
following described property owned by City:
That portion of Section 28, Township 6,
South, Range 10'West, S.B.B. & M., in
the City of Newport Beach, County of
Orange, State of California, described as:
The westerly 180 feet of the northerly
50 feet of that certain parcel of land
described in a quitclaim deed to the
City of Newport Beach recorded in Book
1011, Page. 379 of the Official Records
of said Orange County.
Excepting therefrom that portion of
Parcel 2 as described in a deed recorded
in Book 1741, Page 174 of said Official
Records which lies within the parcel first
described above.
The use of said easement shall include (but not by
way of limitation) the free and unobstructed use by public
patrons, guests, business invitees, employees and agents
(including the public patrons, guests, business invitees,
employees and agent's of Company's tenants, subtenants and assigns)
over, upon and across such easement area granted hereby. Said
easement is shown on a drawing of the Public Works Department
of City dated August 10, 1976, marked Exhibit "A" and attached
hereto and by this reference incorporated herein.
City reserves the right to dedicate and /or otherwise
utilize all or a portion of said easement for public street
and highway purposes.
2. Maintenance of Driveway
Company shall maintain
the landscaping and the curbs, paving and other roadway
improvements in a safe condition in the driveway entrance area
(situated on Company's property) connecting Company's property
to said City Hall access road.
3. Additional, Improvements. If, as a result of
providing this access easement and allowing the driveway as
herein provided, traffic congestion occurs on said City Hall
access road, Company agrees, upon written notice from City
that such congestion has occurred, to reconstruct and widen
the curbs, pavement, street lighting, and all other improvements.
on the easement area in accordance with plans and specifications
approved by the Public Works Director of City as necessary to
relieve said congestion. Company agrees to reconstruct needed
improvements on its property adjacent to the easement area,•
as may be determined to be necessary by City to relieve such
congestion, provided that no such reconstruction shall be required
which will result in a reduction of available on -site automobile
parking spaces on Company's property adjacent to said easement.
It is further agreed that should any widening of the easement
area be necessary, City shall consider the widening of said
easement area over and across City's property adjacent and
southerly of said easement area. 'To the extent such improvements
or expansion requires a modification of the legal description
set forth herein, an amendment to this Indenture shall thereupon.
be.made and recorded. The decision as to the congestion and
the cause of it and the necessity for said improvement shall be
wholly in the reasonable discretion of City and, upon a determina-
tion that such improvements are necessary, Company agrees to
prepare plans and specifications and commence construction.thereof
within ninety (90) days after notice in writing.from City of
the determination of the necessity for said construction.
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4. Maintenance of Access Easement. City and Company
agree to share equally the cost of major maintenance (exclud-
ing sweeping, striping, seal coating, and resurfacing which
shall be at City's expense) of the portion of the City Hall
access road covered by the access easement. Company shall
promptly pay its share of such costs to City upon billing by
City.
5. Indemnification. Company agrees to indemnify and
hold City and its officers and employees in the conduct of
their office or the course of their employment harmless from
all demands, claims and liability for damages arising from
injury or death to persons or damage to property which occurs
or is alleged to have occurred on or adjacent to the easement
area as a result, in whole or in part, of the design, upkeep ✓
or maintenance of the improvements thereon (only to the extent
Company is responsible for such design, upkeep or maintenance)
or which arises out of or is in any related to the use
thereof by Company, its lessee or lessees, or the invitees or.
patrons of said Company or said lessee or lessees. This
indemnity shall not extend to the acts or omissions by or of
City, its officers, agents and employees.
6. Grant of Right of Way. Company agrees to convey
to City by grant deed, concurrently with the execution of this
document, an easement for public street and highway purposes
over a triangular parcel of land at the southwesterly corner'
of.Company's property adjacent to Newport Boulevard. Said
easement is described in the attached legal description marked
Exhibit "B" and attached hereto and by this reference incorporated
herein and shown on attached plat, marked Exhibit "C ", attached
hereto for illustrative purposes only.
It is mutually agreed that Company's existing improve-
ments (consisting of decorative wall, sign, landscaping and
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parking lot improvements) may remain within the area of said
easement until the area is needed for street widening. Upon
notice by City that said area is needed for street widening,
Company agrees to promptly remove any of its improvements
which it wishes to salvage and to rearrange its parking lot
improvements as necessary to accommodate the street widening,
at its cost, provided, City shall be responsible for
constructing all public improvements in conjunction with the
street widening.
City and Company acknowledge that such street
widening will eliminate approximately eleven (11) parking
spaces on Company's property. City, in consideration of such
grant, shall take fully into consideration such parking loss
in connection with any applications for subdivision, resub-
division, building permits or other applications of Company
or any of Company's lessees; tenants, or assigns-relating to
the ownership or use of Company's property and, for the
purpose of City's parking requirements, City shall treat such
applications as if such parking loss had not occurred and
City shall consider said parking spaces, lost hereunder, as
permanently waived.
7. Recordation. This indenture shall be recorded,
shall run with the land, and shall be binding on the
successors in interest of the parties.
8. Notice. All notices which may be given hereunder
shall be in writing and, if 'given to City, may be given
personally to the Mayor, City Manager or City Clerk of City
or may be mailed by first class mail with postage prepaid to
3300 W. Newport Boulevard, Newport Beach, California 92663,
and, if given to Company, may be given personally to an
officer of Company or may be mailed by first class mail with
-5-
I/
STATE OF CALIFORNIA )
SS
County of Orange )
On , 1976 before me, the
undersigned, a Notary Public in and for said State, personally
appeared �, known to me to be the
Mayor, and , known to me to be the
City Clerk of the municipal corporation that executed the within
Instrument, known to me to be the persons who executed the
within Instrument on behalf of the municipal corporation therein
named, and acknowledged to me that such municipal corporation
executed the within Instrument pursuant to a resolution of its
City Council.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
SS
county of Los Angeles)
On November 17 , 1976, before me, the
undersigned, a Notary Public in and for said State, personally
appeared Edwin,J. Mi �s*I , known to me to be the
Executive Vice Pres�.dent, and _ Robert D. Lytle , 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.
WITNESS my hand and official seal.
�runrM.ymm•ro! noon• non! nnmm�nnmrm •n:ruarnarrmmerrmnmmmnr,•mn!p
OFFICIAL SEAL
ELENA G. NUNEZ
qua•..• •�-� NOTARY PURUC CALIFORNIA
PRITICI,:'AL OFFICE IN
:�.:�•�' LOS ANOELFS COLON rY
My Crnn:r:is:!um Fx{rires .tune lo, 31'79 €
STATE OF CALIFORNIA)
) s.
COUNTY OI' ORANGE )
Notary L
Publa— c n and 10r said St ale
On 1976, before Inc, the undersigned,
a Notary Public in na for sai.d State, personally appeared
whose name is subscribed to the within
instrument and acknowledged that executed the same.
WITNESS my hand and official seal.
Notary FT61 is .i 11 2711[1 for -aid State.
i 0
postage prepaid to 3650 Cherry Avenue, Long Beach, California.
Either party may give written notice to the other of a
different address to which notice by mail should be sent.
.IN WITNESS WHEREOF, the parties hereto have executed
this Indenture of Easement as of the day and year first above
written.
CITY OF NEWPORT BEACR, a
Municipal Corporation
By
or
ATTEST:
ORANGE COAST DEVELOPERS, a
California Corporation
Executive Vice Presi.d n.t 1 J
ATTEST:
This is to certify that the interest in real property conveyed by the
deed or grant dated November 17, 1976 , from
ORANGE COAST DEVELOPERS, a Corporation
to the City of Newport Beach, a municipal corporation, is hereby accepted
by the City Manager on the 3nth day of November ,
19 76 ,.and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: November 30, 1976
Authorized by Council Resolution No. 6773
ROBERT L. WYNN, City Manager
MAE- of EXCL UOEo
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CI 1 i OF N"WPOR I
PUBLIC 'WORKS DERARTNIE7,"1T�
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APPROVED
As "s'Y. PU8LIC WORKS DIRiiCTOR
R.E ?. i10../zaod
DRAWING NO.
EXHIBIT "A"
A parcel of land being a portion of hot 3 of
Tract 1117 ds shown on a map recorded in
Book 35, Page 48 of tliscellaneous Maps,
Records of Orange County, and a portion of
Section 28, Township 6 South, Range 10 Q st
of the San Bernardino Meridian, more
particularly described as follows:
Beginning at the centerline intersection of
Central Avenue and Via Lido as shown on a
map of Tract 1117 as recorded in Book 35,
Page 48 of Miscellaneous Maps, Records of
Orange County, thence South 22059'00" West
a distance of 197.15 feet along the center-
line of said Central Avenue, thence South
67001100" East 30,00 feet to a point on a
curve, a radial line from said point bears
.North 76009'24" West, said point being the
beginning of said curve and the True Point
of Beginning: thence southeasterly along
said curve a distance of 279.25 feet, said
curve having a central angle of 5048128"
and a radius of 2754.93 feet, said curve
also being the easterly right of way of
Central Avenue and Newport Boulevard as
both are shown on the aforementioned map
of Tract 1117, thence North 89015'30" East
a distance of 46.89 feet, along the southerly
line of Parcel 2 as recorded in Rook 1741,
Page 174, Records of Orange County, to a
point of cusp with a tangent curve, said
curve having a central angle of 95027'35" and
a radius of 15,00 feet, thence westerly,
northwesterly and northerly along said curve
a distance of 24,99 feet to a point of
tangency with a line, thence North 4043'05"
East along said line a distance of 258.10
feet to the True Point of Beginning,
EXHIBIT "B"
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CITY OF NE--WIPORT
PUBLIC C /0,11KS DEP.AR-fMIEMT
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