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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 F: \... \JAY- G \L1DO.OPA • tICINITY NEAP LIL` r + �� `\ � coy fj "•. \�\aFlars��Tb PAAKIN4 vlA LIDO ��oo 1. X�SI ♦ ...S.N DISTRICTING MAP NPORT BEACH - CALIFORNI wnMryrµ .(f�Lt.tYt •'-'L Its YM.t[ Slott r[Yi(xtut i� L<YY(KYf i -t 1 itr(gt (V.gK-Y St-C f41f YwtJ.YTV.N V YwRrlLhs DISTRICTING MAP NPORT BEACH - CALIFORNI wnMryrµ .(f�Lt.tYt •'-'L YW.rt(.tf�KYlr1l YM.t[ Slott r[Yi(xtut i� L<YY(KYf i -t 1 itr(gt (V.gK-Y St-C "Sea.C10CYt�q H rgnr�r wVy afupt.rtut •--r YwtJ.YTV.N . (OliM�M P1TbL4 Y YwRrlLhs /y •, tiA� It(.f Y• b .If dG M.UM 6FF _SITE PAkk IN6 A6REEmEHT- 3 COMMISSIONERS • . MINUTES �dc0 940������q��o CITY OF NEWPORT BEACH ri�iu ci, �yyK ROLL CALL IND .Request r Wi h r w 1• 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- i 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- Is COMMISSIONERS • 0�c�of�d��s 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 • Y� 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. `5 4V 1� 3 2 • 0 VICINITY MAP U [l U/ pert l•r IM[ .� . I 11 JII M// MO.I ♦Kr nl \�r� / � f,• 1 p �i PAAKI \ VIA WbO Fh� I g i x.N l)-IfLT i i 1 I scsu � rtR V• r DISTRICTING MAP NEWPORT BEACH — CALIFORNIA • ro.,wru•4 nnx.rra '-• rtun[ .glaln.a _I sv,c.[ r.Nar .[sro[Nn.a •" .or wN„[Kra -f pV.[[[ .[PO(Nr14 C -i G[N[.rt Cp.N[K14 I KSTb lulrl.11 MrV .fS,OfMrYI (SET BACK I SHO t[ N TN --0• r-1 114rJHCtVNM WV T[0 f lCOU rC.C14 Iffuun, z 9, v„ 0 Irr.• J. p q 416 ac mlfl 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 J •, i - 0 1 •� n 1 1 , o�gto 4N i o z ' \ 94 z °a mo 0 a as > 3 id eo bo a a� iu .0 V a� o� QZ a a 'r^ 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- • • 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. • 0 • 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. 4 4 0 0 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. °--------- _ -._.. TJotary E'uf,] is i n __a.nd - -b o IT -s--n- i-d ._ .St. atc f\� 1 I I- it .. Pil•rCCFG r "�F1 OIC ^_.... .,...................�::...:.... r I I PgKCEL PEn'1 exr >-rirrc,�� I, 6= TAI /L X;4 - i • Vii: Dc'TA /L "FI •' .,F k S! L //Vc 0/ 104RC -L Pk'-R o.rr. /of//379 PUBLIC '•,'iORtCS ?7EP�A91II = ^iTi �..%i r 1'/i yip v c. s� r / / / t ' l' ?:llIT2I7' "It" APPROVED �FOi?M,cY.LY THE i /UIJSONJ nss7. PU�i�,1C }`iOTRS 1:1:= !i:C70R DRAWING i10. j ?,ff•- ,j�j.:r'�• -� LJ 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" 4 t7 > . ...... .. AIVD A1l-'--WPc-Wr lit, VD. UTY OF �M:1-YIPUR'T PUBLIC V/0i'K,'3 Dc _:1 I� r_I iDEG:`s } 6 -99 MON I I FR 1 7 Z D U 31) A CO. R RfIGk "til 1- I Xilf D, RIM I (R-z 'DE Gr -18 -09 MON 11:4!5 FRITZ DUDA CO. CALIF P 03 N� N� �F � r s �M1 �m N �n �y `t �1 �L s W i-i 2 ofZ FX141B IT B s i*G16L6 Yn. .., . a, W • .� LAN 1 B j Lbi _ *n' -- Gtgtw !mo� spohindd • ez n vin vi d e J F d i ppy C 'AF 5 iiiLpLpLp6 � � k i� 4 i � gli 0 J f s � Wit x I ExagiT 'G " s y J Q tL f� D Q v „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 1 ,,. . I .�.� 'i!c� R. �� i .. �. r i 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. -3- 0 11 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 -4- 0 i.. 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 ::j: f� x(110 ... ........ ..........' . ..�......'... `\ S: ..' 1 r7,\ , ELY. L /NE oF� 1 1 Pd,:�CEL PERI cr�5ri�:°,�'l i o.R. /o / /�S %9 ZV-', y z ///F' of pETtl /L 'A ..... ...........................:... Pc1/tC. L PAR .. ............... QR. /offj979 . O e5i J,2 ./p CI 1 i OF N"WPOR I PUBLIC 'WORKS DERARTNIE7,"1T� T `� J �FO,?MEP. LY THE � /uDS oN) . 47-r - /ior ro .SCALE 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" _o. �o. s � �- oi'oo''t- :30.0!✓' � �p lj i N \� qN0 ! 1-VIPORr a/ VI). /.f;. 00 /.• ` t Y rl: CITY OF NE--WIPORT PUBLIC C /0,11KS DEP.AR-fMIEMT J y _/_.'Or ?:..•r.:f. ,,,._._.,.. C_ :j: -£gin nR,�w•rr: `lo . �'�!��, � mil'_.'!