HomeMy WebLinkAbout2810 & 2813 VILLA WAY*NEW FILE*
2810 & 2813 VILLA WAIF
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RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
P.O. BOX 1768
NEWPORT BEACH, CALIFORNIA 92658-8915
EXEMPT: Government Code Section 6103
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DOC # 94-0636467
Recorded in Official Records
Of Orange County, California
Lee A. Branch, County Recorder
Page 1 of 3 Fees: S 0.00
Tax: 0.00
'IERD'IiNATION OF
OFF -SITE PARKING AGREEMENT
(Ruth D. Miller - Paula Schoepe - 2810 & 2813 Villa Way)
WHEREAS, GARNET V. MC CULLOCH, as Trustee of the Garnet Virginia McCulloch Trust
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created June 29, 1988 ("Owner"), is the owner of certain real property located at 2810 Villa Way qF
("Property") in the City of Newport Beach, County of Orange, State of California which has been referred
to as Parcel "B" and which is and more particularly described as:
Lots 1 and 2, of Block 325 Lancaster's Addition to Newport Beach, as per
Map thereof recorded in Book 5, Page 14, Miscellaneous Maps, Records
of Orange County, California.
WHEREAS, on June 4, 1976, Ruth D. Miller ("Miller") was the owner of that certain parcel of
real Property located at 2813 Villa Way, in the City of Newport Beach, County of Orange, State of
California which has been referred to as Parcel "A" and which is and more particularly described as:
Lot 23, Block 225 as recorded in Book 5, Page 14 of Miscellaneous
Maps, Records of Orange County, California.
WHEREAS, on December 22, 1975 the City of Newport Beach approved Use Permit No. 1775
for the operation of an outdoor restaurant with on -sale beer and wine on Parcel "A"; conditioned upon the
approval of the provision of at least six (6) off-street parking spaces located on Parcel "B"; and
WHEREAS, the Off -Site Parking Agreement was recorded on June 4, 1976 as Instrument
RE101105.410
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No. 6996 in Book 1176 on Pages 1197-1199 ("Off -Site Parking Agreement'), and provided that if the use
of the 6 (six) parking spaces should be terminated and lost to Miller or her tenant, Jerry Reinhart, or his
subtenant Schoepe, for any reason, Miller will immediately thereafter obtain additional off-street parking
spaces or Miller will cause the termination of the restaurant use by Schoepe or her successor in interest,
or reduce the capacity of the restaurant use on Parcel "A"; and
WHEREAS, Owner is no longer leasing any portion of Parcel `B" at 2810 Villa Way, Newport
Beach, California to James L. Edwards, a former tenant who was subleasing the parking spaces to Schoepe
for the restaurant at the time the Off -Site Parking Agreement was made, and neither Owner nor any other
tenant or subtenant is leasing any parking spaces to Paula Schoepe or any of her successors in interest; and
WHEREAS, neither Paula Schoepe nor any of her successors in interest are operating a restaurant
at 2813 Villa Way, Newport Beach, California; and
WHEREAS, Owner has notified City that Schoepe has discontinued the restaurant use at 2813 Villa
Way, Newport Beach, California and has lost the right or option to use six (6) parking spaces on Parcel
"B"; therefore,
PLEASE TAKE NOTICE that the Off -Site Parking Agreement recorded on June 4, 1976 as
Instrument No. 6996, in Book 1176, on Pages 1197-1199, is hereby terminated and rendered null and void
and of no affect.
The parties below have caused this agreement to be executed on 1994.
CITY OF NEWPORT BEACH
A Municipal Corporation
APPOF,,�EDA FORM:
City Attorne
RE101105.410
GARNET VIRGINIA MCCULLOCH TRUST
Owner
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Garnet Virginia McCullo h, Trustee
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CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On(�4ftr ab 1994, before me, t�A S. rU+7— , a Notary Public for the
State of California, personally appeared Kevin Murphy, personally known to me (or 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 signature on
the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
IN
noEalmel• `'
Monica SKutz ;
OComm
#1013469
NOTARYPUBLIC CALIFORNIA"
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ORANGE CC NTY
Comm Explres Jan 13, 1l9!
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On 6a, iQj, 1994, before me, U 1+1 I , a Notary Public for the
State of California, personally appeared Garnet Virginia McCulloch, personally known to me (or 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 she executed the same in her authorized capacity, and that by
her signature on the instrument the person, orthe entity upon behalf of which the person acted, executed
the instrument.
WITNESS my hand and official seal.
AR3AGUHI ASK I
COMM.0 29M x
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MY coins EXIX AWN 11 1998