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HomeMy WebLinkAbout3360 & 3366 VIA LIDO111111111111111111111111111111111111111 lill III lill *NEW FILE* 3360 & 3366 VIA LIDO '40, Tpt CITY OF NEWPORT BEACH CALIFORNIA August 1, 1975 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is Off -Site Parking Agreement from Donald M. Koll fnr 4y4 Via T.i rin/rt ty mAtiCmn81 8an]r for parking purposes. s Authorized by Resolution No. 8533 . _ City Manager authorized by Resolution No. 6773 to accept easement deeds. City }fall 3300 W. Newport Blvd. Area Code 714 673-2110 pT 2321 �•`' - OFF -SITE PARKING AGREEMENT (Donald M. Koll - 3360 Via Lido) r ,;,r.;„ _. �.•, Chl•j.92660 I Pursuant -to Gov't Code 6103 City of r I Newport�ach repeats free recordz tion. 6irfvta THIS AGREEMENT is made and entered into this p- Tif'day `= of 476•& y , 1975, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City" and Donald M. Koll, an individual, hereinafter referred to as "Koll". W I T N E S S E T H: WHEREAS, Koll is the owner of that certain property described as Parcel 1 of Parcel Map recorded in Book 60, Page 43 of the Records of the County Recorder of the County of Orange, State of California; and WHEREAS, Koll desires to enlarge the existing five story office building located at 3360 Via Lido in Lido Village, also located on Parcel 1, above described; and WHEREAS,'in,conjunction with said enlargement, pursuant to the parking requirements found in the Newport Beach Municipal Code, Koll will be required to provide an additional five off- street automobile parking spaces; and 11 WHEREAS, Parcel 1 does not have sufficient size to provide the additional five off-street automobile parking spaces; and WHEREAS, said five off-street automobile parking spaces can be provided in the Lido Village parking structure, being located'on Lot 1, Tract 1117; and WHEREAS, the Planning Commission of the City of Newport Beach on June 19, 1975, recommended to the City Council that an off -site parking agreement between the City and Koll be approved, which will guarantee that five off-street automobile parking spaces will be provided for the benefit of Parcel 1 in the Lido Village parking structure; and WHEREAS, the City Council approved said off-street parking agreement on July 14, 1975, finding the agreement in accord with Section 20.38.040 of the Newport Beach Code. NOW, THEREFORE, in consideration of the foregoing, it is agreed by and between the parties hereto as follows: 1, For so long as Koll keeps, maintains and operates the five -story building located at 3360 Via Lido on Parcel 1, Koll will maintain not less than five off-street automobile parking spaces in the Lido Village parking structure. 2. In the event the use of the parking spaces in the Lido Village parking structure should terminate or be lost to Koll for any reason, Koll will immediately thereafter obtain additional off -site parking spaces satisfactory to and to be approved by the City. If substitute parking facilities are not obtained, Koll will cause to be terminated that portion of the use of the building for which sufficient off-street parking is provided, measured by the parking standards of the City of Newport Beach then in effect. 3. Koll will use the off-street parking located in the Lido Village parking structure for the use of customers and visitors and business invitees of tenants in the five -story building located at 3366 Via Lido. 4. This Agreement shall run with the property described as Parcel 1 above and shall bind the heirs, successors in interest and assigns of the parties hereto and it shall be recorded in the office of the County Recorder of the County of Orange, State of California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. CITY OF NEWPORT BEACH By-T,�eGG� Mayor Donald M. Ko 1 114 74H 925 4}. STATE OF CALIFORNIA) ss: COUNTY OF ORANGE ) On L ?c1 , 1975, before me, the undersigned, a notary public (In for said state, personally appeared [SL: LvGi Ct y�%7' 1 C `)2x.� known to me to be the Mayor and a �wlA.cr,_ �}Z 44 )r , known to me to be the City Clerk of the Municipal Corporation that executed the within instrument on behalf of the 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. IN �� .. , .r.a;; ar F ��_ic c :'•i: cnrin i� �(G'''Lu�•-�•-r •�^�''• 0 ,%N*2. COUI4TY Notary Public in and for said State STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On , 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the of the corporation that executed the within instrument, known to me to be the person 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 bylaws or a resolution of its board of directors. WITNESS my hand and official seal. TO 447 CA (4.73) TITLE INSURANCE (Individual) AND TRUST STATE OF CALIFORNIA ATICOR COMPANY couNTY of ORANGE SS. July 16, 1975 before me, the undersigned, a Notary Public in and for said TOn State, personally appeared Donald M. Koll W R W S of . kROWn to me m he the person _ vilmse name 1S subscribed of I,,rr fill, within insituent and acknowledged Ihut he •....♦.♦••.••..♦.•♦♦....•.♦.•♦ executed the >mne. * OFFICIAL SEAL • DIANNE J. HARTFO 2D e WITNESS my band and official seal. :. e ♦ l; „r� ♦ y„ fNOTARY ^U3LIC•CALIFORNIA ♦+�• •� PRINCIPAL OFFICE IN L� Signatur e �?�.Tusr`'�'*�l�\� • ORANGE COUNTY ♦ My Commission Expires April 22, 1979 OIANNE J. HARTFORD Name (Typed or Printed) (This area for oMelat notarial seal) said State RESOLUTION NO. Y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE OFF - SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE DON KOLL COMPANY, INC. (3360 VIA LIDO) WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain amendment to the Off - Site Parking Agreement between the City of Newport Beach and the Don Koll Company, Inc.; and WHEREAS, the City Council has considered the terms and conditions of said amendment to the agreement, and found them to be fair and equitable and in•the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the -City of Newport Beach that said amendment above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 14th. day of July , 1975. Mayor ATTEST: City Clerk DDO/bc 7/10/75 r, r 4cial 11474 Page 924 Records of Orange County • , 05 am Aug. 4, 1975 Instrument No. 2321 OFF -SITE PARKING AGREEMENT (Donald M. Koll - 3360 Via Lido) THIS AGREEMENT is made and entered into this 29T//day of 1975, by and between the CITY OF NEWPORT BEACH, i a municipal corporation, hereinafter referred to as "City" and Donald M. Koll, an individual, hereinafter referred to as "Koll". W 'I T H E S' S E T H: WHEREAS, Koll is the owner of that certain property described as Parcel 1 of Parcel Map recorded in Book 60, Page 43 of the Records of the County Recorder of the County of Orange, State of California; and WHEREAS, Koll desires to enlarge the existing five story office building located at 3360 Via Lido in Lido Village, also located on Parcel 1, above described; and WHEREAS, in conjunction with said enlargement, pursuant to the parking requirements found in the Newport Beach Municipal Code, Koll will be required to provide an additional five off- street automobile parking spaces; and WHEREAS, Parcel 1 does not have sufficient size to provide the additional five off-street automobile parking spaces; and WHEREAS, said five off-street automobile parking spaces can be provided in the Lido Village parking structure, being located on Lot 1, Tract 1117; and WHEREAS, the Planning Commission of the City of Newport Beach on June 19, 1975, recommended to the City Council that an off -site parking agreement between the City and Koll be approved, which will guarantee that five off-street automobile parking spaces will be provided for the benefit of Parcel 1 in the Lido Village parking structure; and WHEREAS, the City Council approved said off-street parking agreement on July 14, 1975, finding the agreement in accord with Section 20.38.040 of the Newport Beach Municipal Code. NOW, THEREFORE, in consideration of the foregoing, it is agreed by and between the parties hereto as follows: 1, For so long as Koll keeps, maintains and operates the five -story building located at 3360 Via Lido on Parcel 1, Koll will maintain not less than five off-street automobile parking spaces in the Lido Village parking structure. 2. In the event the use of the parking spaces in the Lido Village parking structure should terminate or be lost to Koll for any reason, Koll will immediately thereafter obtain additional off -site parking spaces satisfactory to and to be approved by the City. If substitute parking facilities are not obtained, Koll will cause to be terminated that portion of the use of the building for which sufficient off-street parking is provided, measured by the parking standards of the City of Newport Beach then in effect. 3. Koll will use the off-street parking located in the Lido Village parking structure for the use of customers and visitors and business invitees of tenants in the five -story building located at 3360 Via Lido. 4. This Agreement shall run with the property described .as Parcel 1 above and shall bind the heirs, successors in interest and assigns of the parties hereto and it shall be recorded in the office of the County Recorder of the County of Orange, State of . California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. CITY OF NEWPORT BEACH By Mayor Donal o�— W or W S W a a N A TO 447 CA (4.73) (Individual) Oro TITLE INSURANCE AND TRUST STATE OF CALIFORNIA ATICOR COMPANY COUNTY OF ORANGE SS. On July 16, 1975 before me, the undersigned, a Notary Public in and for said State, personally appeared Donald M. Koll to be the person _whose name a C) subscribed to the within instrument and acknowledged that he executed the same. WITNESS my ]land and official seal. {�. Signature% •- gct,t, DIANNE J. HARTFORD Name (Typed or Printed) known to me OFFICIAL SEAL • 'ems DIANNE 'I HARTFORD ♦ '" NOTARY PUBLIC-CALIFORNIA ♦ PRINCIPAL OFFICE IN • ORANGE COUNTY My Commission Expires April 22, 1979 i (This area for official notarial seal) STATE OF CALIFORNIA) ss: COUNTY OF ORANGE ) On , 1975, before me, the undersigned, a notary public in and for said state, personally appeared 3xwyoknown to me to be the Mayor and ' , known to me to be the City Clerk of the Mu icipal Corporation that executed the within instrument on behalf of the 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. F DOPOTHY L. PAiEN Notary Public in and for said State Il01 1 PUOLIGCALIFORNIAPRIW31PAL OPFICC-IN ORANGE COUNTYsion Ezpi'as Feb. 9, 1977 o^v=a•=v-cra-evv�woe STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On , 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the of the corporation that executed the within instrument, known to me to be the person 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 bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in and for said State ROLL CALL Ayes Motion Ayes Motion Ayes Motion Ayes Motion Ayes ZZ COUNCILMEN Dmlpaimp", �m T 9� m y2 k o �m ! 0 CITY OF NEWPORT BEACH T"1v 14. 1979 MINUTES INDEX x x x x x x x x N -`_A vote was taken on Councilman Rogers' motion, and iCe'soluttioonNoo.. 8,,536 was adopted. Resolution No. 8539, approving the agreement, entitled Memorandum of Understanding; -negotiated by repre- sentatives of the Newport Beach Emplo-yees Association Local 373 A.F.S.C.M.E., AFL-CIO, and th� e City repre- sentative; for the fiscal year 1975-76, was adopt R-8537 CURRENT BUSINESS: r 1. A report was presented from the Community Development Koll Department regarding an amendment to an existing off - site parking agreement in conjunction wit -ha fiva- story building located at 360 Via- i'do to permit the en argement of the first oor area for a proposed " bank. Ed Megge and Betty Winkler addressed the Council opposing the amendment to the off -site parking agreement. Tim Strader, representing Don Koll Company, addressed the Council and urged approval of the amendment. Resolution_ No. 8538, authorizing the execution of an R-8538 amendment to the off=site pau r- ing agreement with x x x x x Don Ko11 dompany, Inc., was adopted. — A report was presented from the Community Development First Department regarding an off -site parking agreement in Healthc fe conjunction with an adult retirement care center, Use Corp Permit No. 1396A, to allow a portion of the existing parking spaces for said adult retirement center to be utilized by an aZ3,eing convalescent hospital site, located at 400 HWay, on the easterly side of Hilary Way and wly of Newport Boulevard nea Hoag Hospital, zA-P-H. Resolution No. 8authorizing the exe tion of an R-8539 off -site parkingement with the Fi t Healthcare x x x x x Corporation, wasted.3. A report was pred from th ublic Works Depart- Assessment meet regarding ped Anne ation No. 1 of additional Dist 50/ lands to Assessmistr' t No. 50 (street lighting Annex 1 on Bay Avenue frh reet to 15th Street).The Public Worksctor was ordered to prepare andx x x x x file with th erk a written report entitled "Proposed An ation No. 1 of Additional Lands to Assessment istrict No. 50"; the preliminary report from th ublic Works Director was accepted; and the staff as directed to prepare a Resolution of Intention for ouncil consideration on August 11 ordering the oposed street lighting system along Bay Avenue from 8th Street to 15th Street and setting a public hearing. Volume 29 - Page 147 • 0 RESOLUTION NO. 85 38 CON-P!IIWJITY E%`1'7".0,^,%,1ENT I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE OFF - SITE PARKING AGREEMENT BETWEEN THE.CITY OF NEWPORT BEACH AND THE DON KOLL COMPANY, INC. (3360 VIA LIDO) WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain amendment to the Off - Site Parking Agreement between the City of Newport Beach and the Don Koll Company,_Inc.;'and WHEREAS, the.City Council has considered the terms and conditions of said amendment to -the agreement, and found them to be fair and equitable and in•the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the-City,of Newport Beach that said amendment above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 14th. day of July , 1975. Mayor ATTEST: City Clerk DDO/bc 7/10/75 .. , 0 • City Council Meeting July 14, 1975 Agenda Item No. G-1 CITY OF NEWPORT BEACH July 9, 1975 TO: City Council FROM: Department of Community Development SUBJECT: Off -site Parking Agreement Request of Don Koll Co., Inc. to amend an existing Off -site Parking Agreement in conjunction with a five story building located at 3360 Via Lido so as to permit the enlargement of the first floor area for a proposed bank. LOCATION: Parcel 1 of Parcel Map 60-43, located at 3360 Via Lido, on the northeasterly side of Via Lido, south- easterly of Via Oporto, in Lido Village, and Lot 1, Tract 1117 (Lido Village Parking Structure). ZONE: C-1-H APPLICANT: Don Koll Co., Inc., Newport Beach OWNER: Same as Applicant Recommendation At its June 19, 1975 meeting, the Planning Commission recommended approval of this amendment to the existing off -site parking agreement. Application This application requests approval of an off -site parking agreement in conjunction with the enlargement of the existing five story office building located at 3360 Via Lido in Lido Village. In accordance with Section 20.38.040 of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off-street parking on a separate lot from the build- ing site or sites unless: (a) Such lot is so located as to be useful in connection 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 or a leasehold interest of a duration adequate to serve all proposed uses on the build- ing site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments approved as to form and content by the City Attorney, pro- viding for the maintenance of the required off-street parking T-0: City Council - 2. 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 regulations applicable at the time shall apply. Such instruments shall be recorded in the Office of the County Recorder and copies thereof filed with the Department of Community Development. Environmental Significance This project has been reviewed, and it has been determined that it will not have any significant environmental impact. Analysis The applicant proposes to remodel and enlarge the existing five story office building at 3360 Via Lido (formerly known as the Imperial Savings Building). The proposed development consists of the addition of a 510 sq.ft. bank vault and a 126 sq.ft. conference room on the first floor of the existing structure. Since two on -site parking spaces will be eliminated with the proposed building additions, five parking spaces will be required. The applicant proposes to utilize the Lido Village Parking Structure for the subject parking , spaces. Lido Village Parking Structure The Lido Village Parking Structure was initially approved by the Planning Commission in December, 1972, and designed originally to accommodate 367 automobiles. It should be noted that the structure has recently been restriped to accommodate 393 cars (including employee tandem parking spaces on the top level). Three hundred and eight -four (384) of the existing parking spaces in the parking structure are obligated, leaving a surplus of nine parking spaces for the daytime use. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By W-ILLIAM R. FULLY Environmental Coordinator WRF/kk Attachments for Council Only: Vicinity Map Letter from Applicant Plot Plan Planning Commission Minutes dated June 19, 1975 H r°s ?< pNp 'avow N r fwln vlt yq » m C-1-H r \m 0 C_ o O \ c'rH = nc W IA 2 C-T-H sz¢^ srasrr SS! MAP A/O. B _j C OF FEET Ma I.P b^ sE\ E M.nP No. s v v 4 m Nv o CL D''ti• / d0 � io J J R. e 9 o fj ,ry F�ryd R \ slE MAP RIG. 6 \ z��+ DISTRICTING MAP WPORT BEACH — CALIFORNIA AGRICULTURAL RESIDENTIAL R� HIRE, MULTIPLE RESIDENTIAL SINGLE FAMILY RESIDENTIAL I LIGHT COMMERCIAL DUPLEX RESIDENTIAL �E__I GENERAL COMMERCIAL RESTrD MULTIPLE FAMILY RESIDENTIAL L M—I MANUFACTURING GOMSIRING OISTRIOTS UNCLASSIFIED SET Al,RSHOWN THUS•-0- �U� CC: �� IIMI FEO COMMERCIAL N -ORO NO 69A DEC 24,1950 OFF-51TE 'PA'RK/NG AGREEMENT TIMOTHY L. STRADER ATTORNEY AT LAW 1901 DOVE STREET NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (7141 833-2830 June 6, 1975 City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Attention: James D. Hewicker Director, Community Development Reference: Off -Site Parking Agreement Amendment Gentlemen: Enclosed with this letter are copies of floor plans showing the proposed construction of a bank vault and conference room by City National Bank in front of the five -story building at Lido Village. On November 21, 1974 the Planning Commission approved an Off -Site Parking Agreement for the operation of a restaurant and private club after 6:00 P.M. The installation of these additional improvements will result in a need of four more parking spaces during the day. We request an amendment to the Off -Site Parking Agreement utilizing four additional parking spaces in the Lido Village Parking Structure to support the installation of the vault and conference room by City National Bank. Since construc- tion will be delayed until your approval is obtained, we request that this matter be given the highest priority. V e my yo71, ( TI ON�THY STRADER TLS:dh Enclosures E nacrionta� aar LOLL - co+ ABnAoe aeveae ,+no NnwMvf twr cau�Vw;s . �vac�nvrmcs pi..Wxaro f4mnAawlt ....• a. w.naw awn. aun . an .n .min. cu-e..m .uw n.w uauu COMMISSIONERS CITY OF NEWPORABEACH y�mv m y mi mn`m y- �mrcG m i y r v MINUTES unit psi, m June 19. 1975 -" - - mvcn 3. That the size of the directional sign shall not exceed 6 sq. ft. 4. That the final plans shall be approved by the Director of Community Development. Item #4 equest to amend a reviously approved use permit USE fo the Warehouse Repstaurant so as to permit PERMIT dinin and special events including live entertain WO. 1711 ment in a open patio area adjacent to the rest- NDED aurant. CONT. TO Location: el 1 of Parcel Map 63-11 JULT17 (Re division No. 447) located at 3450 V Oporto, on the northeast- erly side f Via Oporto, easterly of Central nue in Lido Village. Zone: C-1-H Applicant: Donald M. Koll, Newpor each Owner: June Johnson and Calvin Rohr Newport Beach Motion X Planning Commission continued this matter to the Ayes X X X X X X meeting of July 17, 1975. Absent IX Item #5 Request of Don Koll Co., Inc. to amend an existing OFF -SITE Off -Site Parking Agreement in conjunction with a PARKING five story building located at 3360 Via Lido so as GR7 REEtMENT to permit the enlargement of the first floor area for a proposed bank. (Discussion) APPROVED Location: Parcel 1 of Parcel Map 60-43 located at 3360 Via Lido, on the northeasterly side of Via Lido, southeasterly of Via Oporto, in Lido Village and Lot 1, Tract 1235 and a portion of Lot 2, Tract 1117 (Lido Village Parking Structure). Zone: C-1-H Applicant: Don Koll Co., Inc., Newport Beach Owner: Same as Applicant Page 7. COMMISSIONERS CITY OF NEWPORAEACH `O m ➢a MINUTES A ROLL CALL m June 19, 1975 INDEX Staff explained the need for 5 parking spaces as opposed to the 4 spaces requested by the applicant Tim Strader, representative of the applicant, appeared before the Commission and agreed with the staff's computation and recommendation. He ans- wered questions of the Commission relative to directional signing for the additional parking. Staff advised that four spaces would be left for daytime use in the parking structure should this request be approved. Mr. Gould, representing the Elks Lodge, appeared before the Commission and advised that if the request was for daytime parking only, they had no objection, as their agreement for parking in the structure was from 5:00 p.m. to 2:00 a.m. Motion X Following discussion, motion was made to approve Ayes X X X X X X the amendment to the off -site parking agreement Absent X guaranteeing that a minimum of five parking spaces would be provided in the Lido Village parking structure for the proposed development at 3360 Via Lido. Planning Commission requested that a summary be prepared, indicating the number of spaces in the parking structure, to whom they are assigned, and the hours for which they are assigned. Ite 6 Request to permit live entertainment in conjunct' USE with an existing restaurant. PERMIT NO. 1757 Location: Lot 1 and a portion of L 2, Block 225, Section A of the ewport Beach APPROVED CONDI- Tract, located at 28th Street, on the norther side of 28th TIONALLY Street, eas ly of Newport Boule- vard in nery Village. Zone: C- Applicant: E1 Ranchito #4, Newport Beach Owner• Grace Wedekind, Newport Beach taff distributed a letter of protest received from Mrs. Rae Coates. Public hearing was opened in connection with this matter. Page 8. City oNlve.:p • . C;ty off art 6uach 3300 Nav #.t Goulcvard Newpbor9 Elcack California 92660 . F OFF -SITE PARKING AGREEMENT -(Don Koll.Company, Inc. - 3360 Via Lido) THIS AGREEMENT is made and entered into this day of , 1975, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City" and DON KOLL COMPANY, INC., a corporation, hereinafter referred to as "Koll". W I T N E S S-E T H: WHEREAS, Koll is the owner of that certain property described as Parcel 1 of Parcel Map recorded in Book 60, Page 43 of .the Records of the County Recorder of the County of Orange, State of California; and WHEREAS, Kdll desires to enlarge the existing five story office building located at 3360 Via Lido in Lido Village, also located on Parcel 1, above described; and WHEREAS, in conjunction with said enlargement, pursuant to the parking requirements found in the Newport Beach Municipal Code, Koll will be required to provide an additional five off- street automobile parking spaces; and WHEREAS, Parcel 1 does not have sufficient size to provide the additional five off-street automobile parking spaces; and WHEREAS, said five off-street automobile parking spaces can be provided in the Lido Village parking structure, being located on Lot 1, Tract 1117; and WHEREAS, the Planning Commission of the City of Newport Beach on June 19, 1975 recommended to the City Council that an off -site parking agreement between the City and Koll be approved, which will guarantee that five off-street automobile parking spaces will be provided for the benefit of Parcel 1 in the Lido Village parking structure; and WHEREAS., the City Council approved said off-street parking agreement on 1975 finding the agreement in accord with Section 20.38.040 of the Newport Beach Municipal Code. NOW, THEREFORE, in consideration of the foregoing, it is agreed by and between the parties hereto as follows: 1. For so long as Roll keeps, maintains and operates the five -story building located at 3360 Via Lido on Parcel 1, Roll will maintain not less than five off-street automobile parking spaces in the Lido Village parking structure. 2. In the event the use of the parking spaces in the Lido Village parking structure should terminate or be lost to Roll for any reason, Roll will immediately thereafter obtain additional off -site parking spaces satisfactory to and to be approved by the City. If substitute parking facilities are not obtained, Roll will cause to be terminated that portion of the use of the building located at 3360 Via Lido, so as to only use that part of the building for which sufficient off-street parking is provided, measured by the parking standards of the City -of Newport Beach then in effect. 3. Roll will use the off-street parking located in the Lido Village parking structure for the use of customers and visitors and business invitee's of tenants in the five -story building located at-3360 Via Lido. 4. This Agreement shall run with the property described as Parcel 1 above and shall bind the heirs, successors in interest and assigns of the parties hereto and it shall be recorded in the office of the County Recorder of the County of Orange, State of California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. CITY OF NEWPORT BEACH By Mayor ATTEST: City Clerk DON ROLL COMPANY, INC. APPROVED AS TO FORM: 05 By Assistant City Attorney STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On , 1975, before me, the undersigned, a notary public in and for said state, personally appeared and known to me to be the Mayor known to me to be the City Clerk of the Municipal Corporation that executed the within instrument on behalf of the 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 ORANGE ) On , 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the of the corporation that executed the within instrument, known to me to be the person 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 bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in and for said State ItITY OF NEWPOR9 BEACH MEMORANDUM: FTOM HUGH R. COFFIN TO JIM HEWICKER o"mmurii£"y""DeveTopmerit"'."' ........... ��..�....................... 19........ SUBJECT: Off -Site Parking Agreement - Don Koll Co.,' Inc. 3360 Via Lido Please review the attached Off -Site Parking Agreement to determine whether or not it complies with the Planning Commission action on June 19,, 1975. Please let us know your determination as soon as possible so that we can send the Agreement to the Don. Koll Co, for execution, Reply wanted ❑ Reply not necessary ❑ NI.M `J RECEIVED Y E inity Ve n� Dev .lip -en D,;nL t - f JUN 2 719/5r-.. CITY op NEWpCRTBEACH CALIF. ' HRC:yz Planning Commission eeting June 19, 1975 Item No. 5 CITY OF NEWPORT BEACH June 13, 1975 TO: Planning Commission FROM: Department of Community Development SUBJECT: Offsite Parking Agreement Request of Don Koll Co., Inc. to amend an existing Offsite Parking Agreement in conjunction with a five story building located at 3360 Via Lido so as to permit the enlargement of the first floor area for a proposed bank. LOCATION: Parcel 1 of Parcel Map 60-43 located at 3360 Via Lido, on the northeasterly side of Via Lido, south- easterly of Via Oporto, in Lido Village and Lot 1, Tract 1117 (Lido Village Parking Structure). ZONE: C-1-H APPLICANT: Don Koll Cp., Inc., Newport Beach OWNER: , Same as Applicant Application This application requests approval of an offsite parking agreement in conjunction with the enlargement of the existing 5 story office building located at 3360 Via Lido in Lido Village. In accordance with Section 20.38.040 of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off-street parking on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in connection 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 or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the 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 regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. Environmental Significance This project has been reviewed, and it has been determined that it will not have any significant environmental impact. Item No. To: Planning Commission - 2 Analysis The applicant proposes to remodel and enlarge the existing 5 story office building at 3360 Via Lido (formerly known as the Imperial Savings Building). The proposed development consists of the addition of a 510 sq.ft. bank vault and a 126 sq.ft. conference room on the first floor of the existing structure. Since two on -site parking spaces will be eliminated with the proposed building additions, 5 parking spaces will be required. The applicant proposes to utilize the Lido Village parking structure for the subject parking spaces. Lido Village Parking Structure The Lido Village parking structure was initially approved by the Planning Commission in December, 1972 and designed originally to accommodate 367 automobiles. It should be noted that the structure has recently been restriped to accommodate 393 cars (including employee tandem parking spaces on the top level). Three hundred and eighty four (384) of the existing parking spaces in the parking structure are obligated, leaving a surplus of nine parking spaces for the day time use. Recommendation Staff has no objections to the applicant's request, since both properties are under the same ownership, and the parking structure is approximately 250 feet from the subject 5 story office building. Staff therefore recommends approval of an offsite parking agreement, guaran- teeing that a minimum of five parking spaces shall be provided in the Lido Village parking structure for the proposed development. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By William R. Laycoc Senior Planner WRL/dlt Attachments: Vicinity Map Letter from Applicant Plot Plan (+// J y SEE MAP NO. S PR P. 0 't' g�NT< pNpc P� AYoti 4 . �Jiew s� A6 / ,➢r 'I'P�ry A,TI.,SP zs° '- C, aA.H R•-/ d� T o 9./ SAP '� "p/ h c C-2-H C•2-H C 2, /y Y '' cAp 0 z T o y OE Qi N OD qr Ouazzc Cn2 CC ~•'�' -P O ?o/ ��i ° h'v . \ \ e C/ LIDOViiUGF— \ \ ��\ \ y�G'S2ygY "�• op \ coz h,, 5' STORY BUILD mm C-1_H k \t o m n C 1-H 2 .I0 � \ aeiunei ro�`ivr �r,e`v:`im%%' °nuou"i I"n IA C-I-H US SEE MAP NO. B \\ \\ SEE MAP NO. 6 DISTRICTING MAP NEWPORT BEACH — CALIFORNIA R-A AGRICULTURAL RESIDENTIAL R_4-_ MULTIPLE RESIDENTIAL R-I SINGLE FAMILY RESIDENTIAL 1l 0C-I I LIGHT COMMERCIAL DUPLEX RESIDENTIAL C-21 GENERAL COMMERCIAL E OF FEET R-3 RES130 MULTIPLE FAMILY RESIDENTIAL [ M_t MANUFACTURING ORD. NO 699 n9 .00 Wa ae COMSININD DISTRICTS U UNCLASSIFIED DEC,1950 FRONT YARD SET BACK SHOWN'THUS•-0- C- C, LIMI fEO COMMERCIAL OFF-s'TF- ?ARK/NGr AORUMENT COMMISSIONERS ti ROLL CALL • CITY OF N EWPORTOEACH June 19, 1975 MINUTES INDEX r 3. That the size of the directional sign shall not exceed 6 sq. ft. 4. That the final plans shall be approved by the Director of Community Development. Item #4 Re est to amend a previously approved use permit for a Warehouse Restaurant so as to permit dining d special events including live entertain USE PERMIT 90. 1711 ment in t open patio area adjacent to the rest- MENDED aurant. CONT. TO Location: Pa 1 1 of Parcel Map 63-11 (Resu ivision No. 447) located at DULY 17 3450 Via porto, on the northeast- erly side Via Oporto, easterly of Central Av ue in Lido Village. Zone: C-1-H Applicant: Donald M. Koll, Newport ach Owner: June Johnson and Calvin Rohrs, Newport Beach Motion X Planning Commission continued this matter to the Ayes X X X X X X meeting of July 17, 1975. Absent X Item #5 Request of Don Koll Co., Inc. to amend an existing OFF -SITE Off -Site Parking Agreement in conjunction with a five story building located at 3360 Via Lido so as PARKING GR� EEMENT to permit the enlargement of the first floor area for a proposed bank. (Discussion) APPROVED Location: Parcel 1 of Parcel Map 60-43 located at 3360 Via Lido, on the northeasterly side of Via Lido, southeasterly of Via Oporto, in Lido Village and Lot 1, Tract 1235 and a portion of Lot 2, Tract 1117 (Lido Village Parking Structure). Zone: C-1-H Applicant: Don Koll Co., Inc., Newport Beach Owner: Same as Applicant Page 7. T COMMISSIONERS CITY OF NEWPOR10EACH, i y 1yC m y m y m Qrll1 rAl1 p p N June 19, 1975 MINUTES ,unev Staff explained the need for 5 parking spaces as opposed to the 4 spaces requested by the applicant Tim Strader, representative of the applicant, appeared before the Commission and agreed with the staff's computation and recommendation. He ans- wered questions of the Commission relative to directional signing for the additional parking. Staff advised that four spaces would be left for daytime use in the parking structure should this request be approved. Mr. Gould, representing the Elks -Lodge, appeared before the Commission and advised that if the request was for daytime parking only, they had no objection, as their agreement for parking in the structure was from 5:00 p.m. to 2:00 a.m. Motion X Following discussion, motion was made to approve Ayes X X X X X X the amendment to the off -site parking agreement Absent X guaranteeing that a minimum of five parking spaces would be provided in the Lido Village parking structure for the proposed development at 3360 Via Lido. Planning Commission requested that a summary be prepared, indicating the number of spaces in the parking structure, to whom they are assigned, and the hours for which they are assigned. Item #6 Request to permit live entertainment in conjunctio USE with an existing restaurant. PERMIT NO. 1757 Location: Lot 1 and a portion of Lot 2, Block 225, Section A of the Newport Beach APPROVED CONDI- Tract, located at 409 28th Street, on the northerly side of 28th TIONALLY Street, easterly of Newport Boule- vard in Cannery Village. Zone: C-1 Applicant: E1 Ranchito Newport Beach Owner: Grace Wedekind, Ne rt Beach Staff distributed a letter of protest re 'ved from Mrs. Rae Coates. Public hearing was opened in connection with this matter. Page 8. Fj a .. A October 23, 1975 Donald M.-Koll 1901 Dove -Street Newport Beach, Calif. 92660 Subjects' Off -Site Parking Agreement 3360 Via Lido, Dear Sir.: We are 'enclosing herewitti, fd;r,-your files a copy,, of,' the Off -Site Parking Agree96.qi;,. which has been executed and recorded. Very truly yours, DEPARTMENT OF COMMUNITYA)EVEL.OPMENT R HOJGANo DIRECTOR By James D. Hewicker, Assistant Director Planning JDH/sh 0 0 OFFICE OF THE CITY CLERK DATE jug„At 15� TO: Community Development Department Attention: William Foley SUBJECT: Off -Site Parking Agreement with Don Koll for 3360 Via Lido Attached is a copy of the recorded off -site parking agreement with Don Koll for transmittal to him. Also attached is a copy for your files. This agreement was authorized by the City Council on July 14, 1975 by the adoption of Resolution No. 8538. Laura Lagios R = City Clerk oo-"' ti J LL:swk To: From: Subject: CITY OF NEWPORT BEACH office of CITY ATTORNEY RC Mmunity Dovelopment Dept. JUL 211976*" CITY OF NEWP RT BEACH CALIF. July 21, 1976 James D. Hewicker Assistant Director - Community Development Hugh R. Coffin Assistant City Attorney Parking Covenant - Five -Story Building Lido Village I am transmitting herewith an original and two copies of a Parking Covenant - Five -Story Building Lido Village. The original and copies have been executed by Donald M. Koll, owner of the building. Please have the "City" execute the agreement by signature of the Community Development Director and transmit back to us two executed copies, you keeping one for your files. We will return one copy to Timothy L. Strader, attorney for Donald M. Koll and retain one copy for our files. Thank you for your cooperation in this regard. HRC/bc Attachments t;o��,n�ndY dl bavutupmont oupt JUL 211976�' 6 CITy OF OVAA PARKING COVENANT mtwpog BFA THIS PARKING COVENANT is made as of the day of 1976 by and between DONALD M. ROLL ("Koll") and the CITY OF NEWPORT BEACH, a municipal corporation.(the "City"). R E C I T A L S A. Roll is the owner of that certain real property (the "Property") described on Exhibit "A" attached hereto and incorporated herein by reference. B. Roll has requested that the City permit occupancy of the 5th Floor of the building located on the Property. C. City is willing to permit occupancy of the 5th Floor of the building on the terms and conditions set forth below. NOW, THEREFORE, the parties hereby agree as follows: 1. Roll hereby acknowledges that the current parking requirement for the Property is one hundred fifteen (115) spaces consisting of thirty-nine (39) spaces on site with seventy-one (71) spaces on 32nd Street and five (5) spaces in the Lido Village Parking Structure. 2. At present, the 3rd Floor of the building is leased to Tiffany's for a five (5) year term with an option to extend for two (2) additional five (5) year terms which limits the use of the 3rd Floor to after 6:00 P.M. every evening. 3. Roll has requested an occupancy permit for an area consisting of approximately one thousand seven hundred fifty (1,750) square feet on the 5th Floor of the building. This additional space will -require seven (7) parking spaces. Roll agrees that'in the 0 event daytime use commences on the 3rd Floor of the building, he will agree to limit occupancy of one thousand seven hundred fifty ' (1,750) contiguous square feet of floor area at some other location in the building or obtain seven (7) additional off -site parking spaces at a location satisfactory to the City. 4. 'Any amendments or additions to this Parking Covenant shall be made in writing by,the parties hereto, and neither party shall be liable for verbal or implied agreements. 5. This Parking Covenant contains the entire agreement of the parties hereto with respect to the matters covered hereby. 6. This Parking Covenant shall be interpreted and con- strued under and pursuant to the laws of -the State of California. 7. In the event any legal action or proceeding is com- menced by either party hereto, reasonable attorneys' fees and costs shall be awarded the prevailing party in any such action or pro- ceeding. IN WITNESS WHEREOF, the parties hereto have executed this Parking Covenant as of the date first above written. "KOLL ;' Dona lKo�- �� "CITY" CITY OF NEWPORT BEACH By F -2- LEGAL,DESCRIPTION Parcel 1, in the City of Newport Beach, County of Orange, State of California, as shown on a Map filed in Book 60, Page 43 of Parcel Maps, in the Office of the County Recorder of said County. EXHIBIT "A" a CITY OF NEWPORT BEACH TO: CITY COUNCIL January 6, 1960 FROM: Robert Shelton, City Manager and J. W. Drawdy, Planning Director SUBJECT: VARIANCE APPLICATION NO. 555 FILED BY NEWPORT BALBOA SAVINGS & LOAN ASSOCIATION REQUESTING WAIVER OF ON SITE PARKING REQUIREMENTS In accordance with your request, the following review is presented regarding action taken by the Planning Commission and City Council pertaining to the subject matter. Variance application No. 555 was filed with the Planning Department by the Newport Balboa Savings and Loan Association on July 31,, 1959, wherein it was requested that a portion of on site parking requirements be waived in view of the fact that off site parking for employees would be established at another location. Subject application was presented to the Commission on August 20, 1959, and approved, subject to the following conditions: 111. Applicant must meet parking requirements by providing parking at another location and the owner of both parcels must enter into an agreement with the City agreeing that such other location will always be used to provide the amount of parking being waived at the building site. The agreement to be in a form approved by the City Attorney and recorded in the Orange County Recorder's office. 2. The processing of an amendment to the Municipal Code to re- zone the,off site parking lot from a C-1-H to an Unclassified District. 3. The alley adjacent to the property and one half of Villa Way must be improved with curb, gutter and pavement in accordance with specifications of the Director of Public Works. 4. Off site parking lot must be improved in accordance with plot plan submitted with application." On September 28, 1959, the City Council by a four to three vote defeated Resolution 5092, which would have accomplished the first condition quoted above. At a special meeting on January 5, 1960, the application was again reviewed by the Planning Commission and its action of August 20, 1959, was unanimously reaffirmed. n Page -2- if in order, the City Council may 1. Approve a resolution authorizing the execution of the agreement previously drawn. 2. Request the applicant to process an application under the new amendment to the zoning ordinance permitting off site parking. This amendment will become effective on January 27, 1960. Enclosed is a vicinity sketch prepared by the Planning Department. Applicant has proceeded with certain improvements to the property intended for off site parking at 32nd Street and Villa Way, having obtained necessary approvals from the Public Works Department. CC: Newport Balboa Savings and Loan Association, c/o Donald Harwood, Attorney City Attorney City Clerk Public Works Director ROBERT SHELTON City Manager Tn. D WDYning Director 32 ND Fill 31 ST PROPOSED PARK PROPOSED PARK FO- It O Q. O o- .,ru . %O STREET STREET J PARKING REQUIRED 106 SPACES ING ON SITE 40 SPACES ING OFF -SITE 71 SPACES III TOTAL A/ ANN/NQ OEPARTMENr ;?r ✓ANUARY 7. /.9c0 M . .:'!'t �"'.. � .!✓q,.=`v` ^�fu•.'`.rv:,-. � ... ���-i_'y'xr: �. •.�y'{;j, rd`.' .:,�� ir:•,..�.>%�,:r}i=:^,k<:'-..'a�.`.w'rvj_:bi7'wV}i•.'i �::�n•e, ... .v...<•n.;...:.T :... .rl'. �:.:...+`• . r, W67C i �m l/1 (60 (7) .r a... Q AGREEMENT 2 3 THIS AGREEMENT, made by and between the CITY OF NEWPORT BEACH, a 4 municipal corporation, hereinafter called "City", and NEWPORT BALBOA SAVINGS 5 AND LOAN ASSOCIATION, a corporation, hereinafter called "Association", is 6 predicated upon the following; 7 RECITALS 8 Association proposes to erect an addition to an existing building 9 at 3366 Via Lido in the City of Newport Beach and has applied for a variance 10 permitting the reduction of off-street parking required by the Newport Beach 11 Municipal Code and in lieu thereof has proposed installation of an o£f-site 12 automobile parking area to be established and maintained for use in connection 13 with said existing building and proposed addition. The property on which 14 said addition will be situated is all that certain real property in the City 15 of Newport Beach, County of Orange, State of California, described as follows: 16 The northwesterly 20 feet of Lot 7, all of Lots 8 to 14, inclusive, and the southeasterly 40 feet 17 of Lot 15, Tract 1622, as per map recorded in Book 47, page 39, of Miscellaneous Maps, Records 18 of Orange County, California, 19 'and is hereinafter referred to as "Parcel All. The property on which said 20 off -site parking lot is to be situated is all that certain real property in 21 the City of Newport Beach, County of Orange, State of California, described 22 as follows: 23 The Northerly 77.00 feet of Lots 23 to 30 inclusive and the -Westerly 17.74 feet of Lot 22, Block 530, 24 Lancasters Addition to Newport Beach, as shown on a map thereof, recorded in Book 5, Page 14 of Miscellaneous 25 Maps, Records of Orange County, California, and that portion of 32nd Street, formerly Washington Avenue as 26 shown on said Map and more particularly described as follows: 27 Beginning at the Northwesterly corner of said Lot 28 30, Block 530 of Lancasters Addition, thence Northerly along the Northerly prolongation of the Westerly line 29 of said Lot 30, a distance of 11.00 feet to the beginning of a curve concave to the Southeast, having 30 a radius of 15 feet; thence along said curve a distance of 23.56 feet through a central angle of 90 degrees to 31 a point, said point being in a line 26 feet measured at right angles Northerly of and parallel to the Northerly 32, line of Lot 30; thence Easterly along said parallel line P_' - ... w.-• "'•i.n y. r,::,:Ly:.- :r.!: lx.�C- .'.'i �`:;isa- F - .S 51:1 n :•i,»`:,1•.. aiY •..: .... �, ,. ...., 'E �... :�.. ;ti±'S .+:.9- .t-lc�Sxen.'a, y.».i,y}; �.p: . A^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 191I 20; 21 22 23 24 25 26 27 28 29 00 31 32 ,2 8 F45_ 2 to an intersection with the Northerly prolongation of the Easterly line of the Westerly 17.74 feet of Lot 22 of said Block 530; thence Southerly along said Northerly prolongation 26.00 feet to the Northerly line of said Lot 22, thence Westerly along the Northerly line of the Westerly 17.74 feet of Lot 22 and along the Northerly line of Lots 23 to 30 inclusive to the Point- of Beginning, and is hereinafter referred to as "Parcel B". Both of said parcels are owned by the Association and the Association is entitled to the immediate possession and use thereof. City, by and through its duly constituted Planning Commission, has granted Variance No. 555 authorizing the reduction of parking on Parcel A upon the condition that Parcel B shall be used to provide the number of parking spaces presently required by the Newport Beach Municipal Code to serve said building and proposed addition thereto on said Parcel A. Association has elected to accept said conditional variance and, therefore, in consideration thereof, does hereby covenant and agree with 1. City as follows: 1. On or before the date the addition proposed to be built on Parcel A is completed, Parcel B will be established and improved and there- after maintained as a parking lot for use in connection with said existing building and proposed addition on Parcel A for Association employees and others having lawful permissive use thereof. 2, Said parking lot shall contain at least seventy-one (71) parking spaces of standard size. 3. Said parking lot on Parcel B shall be maintained to provide the number of spaces herein agreed upon for as long as Parcel A and the buildings and improvements existing thereon, and to be erected thereon, shall be used for any purpose which, under the laws and ordinances of the City, requires that such amount of automobile parking be provided in connection with such use, It is understood and agreed that Association shall provide parking on Parcel A which, together with the parking to be provided on Parcel B. shall meet the present Newport Beach Municipal Code requirements for the present use and the proposed addition on said Parcel 2. ,�«..-., .das'r y:.".'n ', :;��ai:�. ..x� .... fi: ., -. .., a+,. .•.P•r'y:'^. ;ti:S. v-.i}�a't4�.yi`.C::LFY"pt"�; 4GSii55^,i�??iiiR'S•w..'J�i:"i,.:- « 1 2 3 4 5i 61 7 8 9! 10 11 12 13 14' 15 16 17 18 19 20 21 22 RMI 24 25 26 27 28 29 30 31 321 f Li 0 V 1 A and that any subsequent changes in said Code or other laws or ordinances shall not operate to require the Association to provide additional parking for the present use and said proposed addition. It is agreed, however, that the City is not hereby restricted from legislative, administrative, executive or quasi-judicial action with respect to either parcel of property as such action may now or hereafter be authorized. Should a change in use or additional use of either parcel be proposed, the regulations applicable at the time shall apply. 4. This agreement and the covenants herein contained are made upon the condition that if, in the future, the Association with the approval of the City Council as to location shall provide a substitute parking area, plan or system, at least equal in number of spaces to that to be provided on Parcel B, then this agreement and the covenants herein set forth shall cease and terminate and be of no further force or effect, and the City shall thereupon execute a quitclaim releasing.all claims and interest it may have in said Parcel B as created by this agreement. 5. This agreement shall run with the lands herein described and shall bind the successors of the present owners thereof and shall be recorded in the Office of the County Recorder of Orange County. Executed January Lj , 1960. a OF NEWPORT BEACH, Mayor NEWPORT BALBOA SAVINGS AND LOAN ASSOCIATION, a California corporation By President., G6eeaXen i By9//r?iGf�C;`:?%/3 Secretar j•-,,' 3. .Y .X�•:bN 4;iA" .�J.:: rY•^�ti1e b•Rut 4�.�1'.Y'.- .n`}a.Y 1'•Jq .. .J}•��... `.1 :. '. 1... _ .. _ •,i�r1Y_WLJ �.^�J4w. _ n I�.4`.xG:`C�.r� t'Lfr -� _ .•:i}<.:+�. `v,. 2 3 4 51 M. M 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mil 261 27 28 29 30 311 32. .';;y, U68 FACE 24 STATE OF CALIFORNIA ) as COUNTY OF ORANGE ) On this /yam day of January, 1960, before me, the undersigned, a Notary Public in and for said County and State, personally appeared P. A. Palmer and Florence Earl, ,known to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, 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. Notary Vablic in and foz said County and State My Commission Expires Nov, 6, 19p STATE OF CALIFORNIA ) "(^d i i...... ss COUNTY OF ORANGE ) On this /.5 day of January, 1960, before me, the undersigned, a Notary Public in and for said County and State, personally appeared JAMS B. STODDARD and MARGERY SCHROUDER, known to me to be the Mayor and the City Clerk, respectively, of the CITY OF NEWPORT BEACH, the municipal corporation that executed the within instrument, and acknowledged to me that said municipal corporation executed the same pursuant to a resolution of its City Council. WITNESS my hand and official seal. Ztiz�vA,. �'11 c �t�e-v-y Notary Pubic in and forfl said County and State MY Commission Expires Nov. 6, 1960 i �; •V' RECORDED AT REQUEST 01f + IN OFFICIAL IiCCUROS OF ORANGE COUNTY, CALIF. 9:U5 AN JAN 25 1960 RUBY McFMLAND, County Recorder FREE ...•.�%u .. .^u.rra: \'•l �u:: K, i.:_4,� .. .. .t.r .. .. u�:. �-Y.. -."ice .�.v �.J �..`FS pa: -. 5:9A� .}y r_. ::f-: :a'j.p� ••t. �t��•:. yyWC: 1/11/ (12) Gar, 068 PAGE P-5 1 RESOLUTION No. 5147. 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NSWPORT BEACH AUTHORIZING THE EXECUTION OF 3 A CONTRACT WITH NEWPORT BALBOA SAVINGS AND LOAN ASSOCIATION 4 5 WHEREAS* Newport Balboa Savings and loan Association 6 filed application for variance No. 555 seeking permission, to 7 reduce the off-street parking.required at 3366 Via Lido in the 8 City of Newport Beach; and g WHEREAS, said Association offered to provide the full 10 amount of off-street parking required for use in connection with 11 the business building.at 3366 Via Lido by improving a parcel of i2 property consistitg, of a portion of Block •530,•Lancastera'Addis 13 tion, at 500 through 516 - 32nd Street in Newport Beach; and 14 WHEREAS1, the Planning Commission approved Variance No. 15 555 on condition that the applicant enter a contract with the 16 City of Newport Beach to be recorded in the office of the County 17 Recorder of Orange County in which the Association would guarantee 18 to continue the use of the pff-site automobile parking.area to 19 provide the amount of parking required for as long as such amount 20 of parking is required for the building at 3366 Via Lido cinder 21 the laws and ordinances of the City; and 22 WHEREAS, said Association has executed such a contract 23 and it would be in the interests of the City to approve said 24 contract to require said area to be used for parking as agreed; 25 NOW, THEREFORE, BE IT RESOLVED that the City Council 26 hereby approves said agreement and the Mayor and City Cleric are 27 authorized and directed to execute the same on behalf of the City 28 of Newport Beach, 29 BE IT FURTHER RESOLVED that the City Clerk is authorized 30 and directed to record said agreement and execute any certificate 31 necessary to accomplish the recording. 32 This resolution was adopted by the City Council of the .rY+Q1T.'0.'ii%anCcuiii•}):2'.....•an..... .rti.:rs�YSua[e asv4iys`.�r.,-.. .n Vi'°.aijG: �a'[�i-�d�._a'tiir (-ai•; "fib ..�.•.. `t-e:•. :r? .. .. ,•,$. �.M.�'�{:w+•yrr. t ,ram 05 68 PAGE ��f3 1 City of Newport Beach at a regular meeting on the llth day of 2 January, 19601, by the following vote, to wit: AYES, COUNCILMEN: Atkinson, I3igbie, Stoddard, Hart, Lorenz, Somers 5 ,t, : _ NOES, COUNCILMEN: None ABSENT. COUNCILPISN: Kingsley CAST: city Cleric 10 mayor 11 •12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2. .Y WK Mee 9110/59 (7) 14 15 16 17 18 19 20 21 `4 23 24 25 26 27 28 29 30 31 32 AGREEMENT THIS AGREEMENT, made by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter called "City”, and INEWPORT BALBOA SAVINGS AND LOAM ASSOCIATION, a corporation, here- inafter called "Association", is predicated upon the following: RECITALS Association proposes to erect an addition to an existing jbuilding at 3366 Via Lido in the City of Newport Beach and has 1applied for a variance permitting the reduction of off-street !parking required by the Newport Beach Municipal Code and in lieu. .thereof has`Vr6pd#efd,inst&11atidix of' -an park - line area to be established and maintained for use in connection (with said existing building and proposed addition. The property !on which said addition will be situated is all that certain real ;property in the City of Newport Beach, County of orange, State of California, described as follows: The northwesterly 20 feet of Lot 7, all of Lots 8 to 149 inclusive, and the southeasterly 40 feet of Lot 15, Tract•1622, as per map recorded in Book 47, page 39, of Miscellaneous maps, Records of orange County, California, and is hereinafter referred to as "Parcel A". The property on which said off -site parking lot is to be situated is all that Icsrtain real.,property in the•City ofNewport Beach,'County of !orange, State of California, described as follows: The Northerly 77.00 feet of Lots 23 to 30 in- clusive and the Westerly 17.74 feet of Lot 22, Block 530, Lancasters Addition to Newport Beach, as shown on a map thereof, recorded in Book 5,_ Page 14 of Miscellaneous Maps, Records of Orange County, California, and that portion of 32nd Street, formerly Washington Avenue as shown on said Hap and more particularly described as follows: Beginning at the Northwesterly corner of said Lot 30, Block 530 of Lancasters Addition, thence Northerly along the northerly prolongation of the Westerly line of said 'Lot 30, a distance of 11.00 feet to the beginning of a curve concave to the I .•k VI, N' a 'h .. '*'r".a .7• .:��'�'.v+e`•... :Vw. •�. "s ::rSl�'J L�tiir YI:1,.\ve,.JSi'f,$A'N:',K%:JS"4A.` it 4 5 6 7 8 9 10 11 12 13' 141 15. 16 17 18 19 20, 21 22' 23 F.L.! 25 26 27 28 29 30 31 321 Southeast, having a radius of 15 feet; thence along said curve a distance of 23.56 feet through a central angle of 90 degrees to a point, said point being; in a line 26 feet measured at right angles Northerly of and parallel to the Northerly line of Lot 30; thence kasterly along said paral- lel line.to an intersection with the Northerly pprolongation of the Easterly line of the Westerly 17.74 feet of Lot 22 of said Block 530; thence Southerly along said Northerly prolongation 26.00 feet to the 'Northerly line of said lot 22, thence Westerly along the Northerly line of the Westerly 17.74 feet of Lot 22 and along the Northerly line of Lots 23 to 30 inclusive to the Point of Beginning, and is hereinafter referred to as "Parcel B". Both of said parcels are owned by the Association and the Association is entitled to the immediate possession and use thereof. Citp3 Sy' end tliroiiglz' its ' a'lu�y''`ddcist3 toted' `Pianining Com- mission, has granted: Variance No. 555 authorizing the reduction of parking on Parcel A upon the condition that Parcel B shall be used to provide. the number of parking spaces presently requifed by the Newport Beach Municipal Code to serve said building and proposed addition thereto on said Parcel A. Association has elected to accept said conditional variance and, therefore, in consideration thereof, does hereby covenant and agree with City as follow; 1. On or before the date the addition proposed to be built on Parcel. A is completed, Parcel B will be established and improved -and thereafter maintained -as 'e-parking'lot for use, in connection with said existing building and proposed addition on Parcel A for Association employees and others having lawful per- missive use thereof. 2. Said parking lot shall contain at least Seventy-one (71) parking spaces of standard size. 3. Said parking lot on Parcel B shall be maintained to provide the number of spaces herein agreed upon for as long as Parcel A and the buildings and improvements existing thereon, and to be erected thereon, shall be used for any purpose which, under I ':,vim- •� ._ -. .. ' I �1 1' 2, I 3� 4 51 6 7 a 9 10 11 iz 13 14 15 16 17 i8 19 20 21 22 23 24 25 26 27 28 29 'Coll 31 32 the lake and ordinances'of the City, requires -that such amount of automobile parking be provided in connection with such use. It is understood and agreed that Association shall provide parking on Parcel A which, together with the parking to be provided on Parcel A, shall meet the present Newport Beach Municipal Code requirements for the present use and the proposed addition on said Parcel A and that any subsequent changes in said Code or other laws or ordinances shall not operate to require the Association to provide additional parking for the present use and said proposed addition. It is agreed, however, that the City is not 'hereby restricted from legia- lative, administrative, executive or quasi-judicial action with 'teipt-tt Eo `eiCher' 'parcel ' c�'i� "property' a ` 3iicli-' stt'3oir' may" naw' or hereafter be authorized. Should a change in use or additional use of either parcel be proposed, the regulations applicable at the time shall apply. 4. This agreement and the covenants herein contained are made upon the condition that if, in -the future, the Association with the approval of the Planning Commission as to location shall provide a substitute parking area, plan or system, at least equal in number of spaces to that to be provided on Parcel B, then this agreement and the covenants herein set forth shall cease and termi- nate and be of no further force or effect, and the City shall thereupon'exeoute a, quitclaim releasing all claims and,interest it may have in said Parcel B as created by this agreement. 5. This agreement shall run with the lands herein described and shall bind the successors of the present owners thereof and shall be recorded in the Office of the CountX,Ucorder of Orange County. Executed September 12 , 1959. CITY Or NEWPORT BEACH, NEWPORT BALBOA SAVINGS AR LOA.'4 a municipal corporation ASSOCIATION, C --hr corporation By By---. Mayor /�f� /� PR 1DENT Attest i By /L�fG���1� ity er �ECRETAft! I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31I 32 STATE OF MIFOR,NIA as COUNTY 017 04ANGE ) On this 12THday of September, 1959, before me, the undersigned, a notary Public in and for said County and State, personally appeared P. A. PALMER and FLORENCE EARL knowf to me to be the PRESIDENT and SECRETARY res'pecti'f e1q, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the within instrument pursuant to its by-'!aws or a resolution of its board of directors. 1n'ITi� MSS n1y hand and official. seal. ••.+.p-i�.,�.q��.i,�rtalJ,�„t}P.1q,rt'1: �.1...:N,. ;>.;; sir rjti•:':'roM*:Ni:#Y:i rsr,;..:a^,✓,yjdrGi fya�,��',;ae�tFa��,,y�.b::!;.y.ian••p�}>ri,.�:f...ty;,•iini. v•, }... Lary Public iW/and tor said County and State My Commission Expires Jan, 16, 1960 STATE OF CALIFORPUA ) S s8 COUNTY OF- ORAPt E ) On this day of September, 1959,'before me, the undersigned, a Notary Public in and for said County and State, personally appeared JAMS S. STODDARD and MARGERY SCIMUDER, lamovn to me to be the tiayor,and the City Clerk, respectively, of the CITY OF WIR FORT BEACH, the municipal corporation that executed the within instrument, and'aclmowledged to me -that said municipal=• corporation executed the same pursuant to a resolution of its City Council, WITNESS my hand and official -seal. Notary Public in and for vaid County and State I '+ • 5 .J l.q. . January 22, 1960 Mrs. Ruby McFarland County Recorder Court House Annex Santa Ana, California Dear Madam:I Attached hereto for recordation is an agreement between the City of Newport Beach and the Newport Balboa Savings and Loan Association, and a copy of Resolution No. 5147, which resolution was adopted on January 11, 1960. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS:nv Encls. �,�` `i N}