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Home My WebLink About3201 NEWPORT BLVD111111111 lill 111111111 I 1111111111111111 3201 NEWPORT BLVD f • >' RI=CORDING REQUESTED AND o ' ' WHEN RECORDED RETURN TO: U W gPlanning Department City of Newport Beach m3300 Newport Boulevard Newport Beach, CA 92663 w This document was electronically recorded by OLD REPUBLIC TITLE COMPANY 0 Recorded in Official Il I RIIeIcords,County of Orange 11Granville, Clerk-Recorder ReCrO.II I IIIII II II II III II IIIIIII II1800 o Space above this line 0 20010643dRR 11.41 am (1I01 jogj2prAgq use only. 0.00 0.00 0.00 0.0012.00 0.00 0.00 0.00 RESTATED OFF -SITE PARKING AGREEMENT Sao 1 Ida This R�stated Off -Site Parking Agreement, ("AGREEMENT") made and entered into this 0 day of & (-. ) , 2001, by and between the City of Newport Beach, a Municipal Corporation and Charter City, ("CITY"), and Hugh S. Smith and Barbara W. Smith, ("OWNER"), is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the Parties hereto: WITNESSETH WHEREAS, Los Angeles Federal Savings and Loan Association, predecessor in interest to OWNER executed and recorded an Off -Site Parking Agreement for property located at the northwest corner of Newport Boulevard and 32"d Street in the CITY. WHEREAS, the Off -Site Parking Agreement was recorded on December 26, 1973 in Book 11039, at page 325 and authorized off-street parking on Parcel 1 of Parcel Map No. 57/4, Newport Beach Resubdivision No. 397 (RESUB 397) for the benefit of a Retail Commercial Building ("BUILDING") on a portion of Parcel 2 of RESUB 397 pursuant to conditions of approval for Use Permit No. 1747; and WHEREAS, on August 30, 2000 OWNER obtained approval of a Parcel Map (Newport Beach application for Resubdivision No. 1095) which reconfigured Parcel 2 of RESUB 397 the property described in the Agreement; and WHEREAS, Parties wish to restate the Off -Site Agreement to reflect the new legal description for the property as described by Parcel No. 1 of RESUB 397 to be recorded against new legal description for the property now legally described as: Parcel No. 1 and 2 of Orange County Tentative Parcel Map No. 2000-241 (Newport Beach Resubdivision No. 1095) ("PROPERTY"). NOW THEREFORE, in consideration of the approval by CITY of the Parcel Map and OWNER's continued use of an off -site parking lot to provide the required parking spaces for the BUILDING, the Parties -hereto agree as follows: 1. For as long as Parcel 2 of the PROPERTY is occupied by the proposed BUILDING, not less than one parking space for each 250 square feet of net floor area shall be provided off site on Parcel 1 of RESUB 397. These spaces shall be for the 1 exclusive use of the customers and business invitees of the BUILDING and shall be provided as set forth on the Plan of Parking, which is attached hereto as Exhibit "A", and incorporated by reference as if fully set forth herein. 2. In the event OWNER sells Parcel 1 and/or Parcel 1 of RESUB 397 no longer is available to provide required parking for the BUILDING for any reason, the owner of Parcel 2 of the PROPERTY shall immediately thereafter be required to obtain additional off -site parking spaces satisfactory to and approved by the CITY to meet the required parking. If OWNER fails to obtain approval of replacement parking, Parcel 2 will be without any required parking and all retail operations shall cease until parking sufficient to satisfy the parking requirements of the Newport Beach Municipal Code is provided. 3. This AGREEMENT shall run with the real property described herein and shall bind the heirs, successors and assigns of the parties hereto, and it shall be recorded in the Office of the County Recorder of the County of Orange. , 4. OWNER agrees that this AGREEMENT shall always be prior and superior to and shall be recorded prior to any mortgage, deed of trust or any other hypothecation for security hereafter placed on the PROPERTY. OWNER agrees to execute and deliver to CITY any instrument that may be deemed necessary to effect subordination to this AGREEMENT of any mortgage or deed of trust or other hypothecation already recorded against the PROPERTY, such that the covenants, conditions and restrictions in this AGREEMENT shall be binding upon and effective against any owner whose title is derived through foreclosure or trustee's sale or otherwise. IN WITNESS WHEREOF, the Parties hereto have caused this AGREEMENT to be executed the day and year first above written. APPROVED AS TO FORM: By: 0 1 Robin L. Clauson, Assistant City Attorney ATTEST: By: uv-*-Vvv'- rity Clerk RLC:mVda f:\users\cat\shared\ag\offsiteprkg\smith041801 iinal.doc CITY OF NEWPORT BEACH, a Municipal Corporation By. Homer Bludau, City Manager C7F�G) I OWNERS: By: 7 Huah k Smith A Barbara W. Smith K STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On E 2001,before me,Q° 'lam iWo ' u personally appeared i12(n personally known to me ( ) to be the perso (s whose na (s is r ubscribed to the within instrument and acknowled ed to me that he/sh the as executed the same in his/her their authorized capaci ies , and that by his/her/ eir ignature sgon the instrument the person s&r the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. -ZC Notary Public in 6d for said State CATHY FISHER Commission # 1174329 Notary Public - Colifomia Orange County My Comm. EqoiEs rrb21,2W2 (this area for official notarial seal) lLX" Government Code 27361.7 I Certify Under Penalty That The Notary Seal On The Document To Which This Statement Is Attached Reads As Follows: Name of Notary: Vendor No: Al IAI,+ Commission No: I Date Commission Expires: a -a- )-O a County: Place of Execution: 03 Date: q_- i (- 0 Company STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) Add Oinr-&,� On &,,lg 200/ , 2001, before me, personally appdared & 16 rJ 4d , !�k -#-" 4f1 44-0I ffA ) . personauy 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 has 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 acted, executed the instrument. WITNESS my hand and official seal. 16C66UA1'g Notary Public in and for said State STATt OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) 19VICTORIA SEIM Comm, N 1147517 InNOTARY PUBLIC -CALIFORNIA Los Angeles County 'My Comm. Expires July 20, 2001 (This area for official notarial seal) On 2001, 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 has 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 acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State (This area for official notarial seal) Government Code 27:361.7 I Certify Under Penalty That The Notary Seal On The Document To Which This Statement Is Attached Reads As Follows: Name of Notary: W C5�n/\) a - ` � 'P /n Vendor No: 1%.C.L l Commission No: Date Commission Expires: County: Place of Execution: o Os L 4 ze2t� Old Wu 1W' Title Company Date: 1-i1 L F � � `�O WW2 M •r �500' Q Q b J 4.H2 hw EXHIBIT "A" 3 a• / • N85'4?52'14 65.00' �� k Ne ti ^ .00. p N CD J O " . O Qt • W m +,0.0 ' wUz �• � py w � o R-32.29' N87[1'24_W " "+ N5525'25`W TP•0.8 `i`' "� .` N5525'45"W �.�� .TRASH N3470701"L 4-13'00.27'•• R-45,92' .—.-. � u�jV�� i n O i O O 2 �?vco ¢ 2 LECAL DESC.Nr' ;�O) _ •��\\\e �' k •G U OY� 2 l3L m• � o,^r , � ti �• � ' + I CA 7E 'N8922'22"E 80,00' 0.00 N89.1029'W SEE NOYE•! r i (R) Z 1 n' O ci 9,2J n m O Li n .00 Lu e4o 1 r O 00. 16.16' 17. y.94 -.•- �ti �39 10.0 � P4 R��j Nd :. gG ✓ �00_../`. a 1J. �• N89..12_JJE w "4 ^\� f N8922.22 E 71. 12 --,fir (R) W o �j I ._ 88'S1'58"E C \ }'' (R) o \ N37J5'19"W 2 W 1— FD LEAD & NAIL N k 2 PER P.M. 5712 7 cL I 10y It \5.N74-1730"E 2.68• 0 EXHIBIT "A" h FD. STD WELL MON -� PER P.M. 5712 m .i k 1\1 "t" 0 6 4 L� m FFA-