HomeMy WebLinkAboutC-6056(A) - Parking Covenant Agreement - 3425 Via Lido - Assessor Parcel No. 423-11-012
RECORDING REQUESTED BY Recorded in Official Records, Orange County
AND WHEN RECORDED MAIL TO: Hugh Nguyen, Clerk -Recorder
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Bryan Cave LLP * SR0008346311 s*
20160001959971:22 pm 05/03116
3169 Michelson Drive, Suite 9500
905 a
Irvine, California 92612 012 a
Attention: Holly P. Lopez, Esq o.00 0
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PARKING COVENANT AGREEMENT L�
3425 Via Lido, Newport Beach, California; Assessor Parcel No. 423-11-01)
THIS COVENANT AGREEMENT ("Agreement") is made and entered into this
4th day of November, 2015, by and between LIDO PARTNERS, A CALIFORNIA
LIMITED PARTNERSHIP as fee owner ("Owner") of that certain properly commonly
known as "Via Lido Shopping Center," Newport Beach California as more particularly
described on Exhibit "A" attached hereto and incorporated herewith, and the CITY OF
NEWPORT BEACH, a California municipal corporation organized and existing under
and by virtue of its Charter and the Constitution and the laws of the State of California,
("City").
WITNESSETH:
WHEREAS, Owner is the vested fee owner of property located at 3425 Via Lido,
Newport Beach, California, County Assessor's Parcel Number 423-11-01 ("Property");
WHEREAS, pursuant to that certain Settlement and Release Agreement dated
February 24, 2015, between the Parties ("Agreement"), Owner has reconfigured the
Property to create a vehicular truck driving lane including a new drive way, and
realigned vehicular parking spaces; and
WHEREAS, pursuant to the Agreement, the City has agreed to reduce the
number of parking spaces required for the Property and after taking into account such
reduction, the parties desire to verify the amount of parking spaces required by the City
for the Property and the amount of parking spaces provided by Owner for the Property.
NOW, THEREFORE, the parties hereto agree as follows:
The number of parking spaces required by the City for the Property is 286 and
the number of parking spaces provided by Owner for the Property is 302,
effecting a surplus of 16 parking spaces for the Property. The foregoing shall be
effective for all purposes, including without limitation, applications, submittals,
building permits by Owner or any of Owner's lessees, tenants, successor's or
assigns, relating to the ownership or use of the Property,
749000.2
2. That this agreement shall run with the real property herein described, in favor of
and enforceable by the City of Newport Beach.
3. That this agreement shall be binding upon our heirs, successors and assigns
4. This Covenant and Agreement shall run with the land, and shall be binding upon
the undersigned, and any and all future owners, encumbrances, successors in
interest, heirs, and assignees who acquire, in any way, all or any portion of the
title to the Property; shall be recorded in the office of the County Recorder of
Orange county; and shall continue in effect until such time as the City of
Newport Beach and Owner release this covenant via written instruments.
Lido Partners, a California limited partnership
By: Fritz Duda C .aTexas
corporation,
its ge ral ner
By:
Fritz . Duda, President
CITY:
[Owners' signatures must be notarized]
APPROVED FOR RECORDING:
CITY OF NEWPORT BEACH,
A California municipal corporation
DATE: `> 14
Dave Ki ,City Manager
ATTEST:
DATE:
Leilani I. Brown, City Cie
DATE: 11111bolt-
I
DATE: Il ? f y
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Aaron C. Harp, City Attorney
Ai0-00674 21 Page
744000.2
A notary public or other office completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of TEXAS )
County of DALLAS )
On /I II d before me, Cheryl Engle, a Notary Public, personally appeared
Fritz L. Duda, kho proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signatures on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Texas that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
CHERYL EMME
Tp�AY
of
NOTARY PUBLIC
1�+.oi'it
Cpmm, EMp. Texas
04 -21-2019
EXHIBIT "A"
Legai Description of Owner's Property
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS:
PARCEL 1:
PARCEL 1, AS SHOWN ON A MAP PARCEL MAP FILED IN BOOK 85, PAGES 1 AND
2 OF PARCELS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT GRANTED IN AN INDENTURE OF EASEMENT
RECORDED DECEMBER 2, 1976 IN BOOK 11981, PAGE 602 OF OFFICIAL
RECORDS, OVER THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN
BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
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 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.
749000.2