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HomeMy WebLinkAbout3366 VIA LIDO SETTLEMENT AGREEMENT♦A RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: ROBIN FLORY CITY OF NEWPORT BEACH 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659-1768 EXEMPT: GOV'T CODE 6103 SETTLEMENT AGREEMENT l THIS AGREEMENT, is made and entered into this 1 `/ 3111-day of W__WWL1990 between the City of Newport Beach, a California Charter City (hereinafter "City"), Olen Properties Corporation, a California corporation (hereinafter "Olen"), David N. Schultz and Dona L. Schultz (hereinafter the "Schultzes") and EiicAi Hirota and I Kumiko Hirota (hereinafter the "Hirotas") with res3ect to the following facts: RECITALS A. A dispute has arisen between the parties over a City requirement for Olen to provide reasonable public access over and along property located at 3366 Via Lea, Newport Beach, California, referred to as Parcel 2 and more particularly described in Exhibit "A." The dispute arises out of a May 16, 1974 agreement, (hereinafter referred to as the "Agreement"), reached between the City of Newport Beach, Imperial Savings & Loan Association, (Olen's predecessor in interest), and Donald M. Koll. The Agreement was entered into as a condition of approvals granted to Don Koll Company for Re -subdivision No. 433 which included Parcel 2. A copy JLK\SCHULTZ.AGT EXHIBIT A of the Agreement is attached hereto as Exhibit "C" and incorporated herein by reference. B. As a result of the dispute, City has filed an action for Declaratory Relief, Injunction and Specific Performance against Olen and other defendants in Orange County Superior Court, Case No. X 631613 (the "City Lawsuit"). Olen has also filed, but not served on City, a complaint for Declaratory Relief in Orange County Superior Court, Case No. 598082;, (the "Olen Lawsuit"). ! 4 C. The City alleges at after many years of providing public access across Parcel 2' as required by the Agreement, Olen has put up fencing around Parcel 2 and posted "No Trespassing" signs. City alleges that public access has been blocked by the fencing, and the signs in violation of the Agreement. Olen alleges that under the terms of the Agreement it is no longer required to provide public access across Parcel 2 and is therefore within its rights to block public access. Olen further alleges that the property adjacent to Parcel 2, owned by the Hirotas is required to provide public access pursuant to the terms of the Agreement. D. On February 24, 1989, the Schultzes, on behalf of themselves and the Hirotas, filed a complaint against Igor M. Olenicoff, Olen Properties Corp., and Does 1-10, alleging causes of action for declaratory relief, slander of title, and publication of injurious falsehood bearing civil action number 583192 on the dockets of the Orange County Superior Court (the "Schultz Lawsuit"). JLK\SCHULTZ.AGT -2- E. The parties now desire to avoid the substantial expense and uncertainty of a trial and therefore desire to settle, compromise, and resolve any and all disputes, claims, liabilities, actions, causes of actions, obligations, costs, damages, losses and demands, arising from the Agreement as it relates to the provision of public access across and along Parcel 2. WHEREFORE, in consideration of the mutual covenants and promises contained in this Settlement Agreement, the parties agree as follows: 1. The foregoing,: Re als• are hereby incorporated by reference and made a patt'of this Settlement Agreement. 2. Olen agrees to provide, and maintain reasonable pedestrian access across and along Parcel 2 as provided in Paragraphs 1, 2 and 3 of the Agreement. Reasonable public access shall be provided in accordance with this Settlement Agreement and the plot plan attached hereto as Exhibit "B" and incorporated herein by reference. A. Olen may retain the wrought iron fence which has been constructed across the property facing Via Lido. The openings/gates located at the "X" shown on Exhibit "B" shall at all times remain open to provide public access, and shall not be closed or locked unless an amendment to this Settlement Agreement is made to provide alternative access to the bay from Via Lido across Parcel 2. JLK\SCHULTZ.AGT -3- B. Olen shall" remove all "No Trespassing" signs or other signs which prohibit or otherwise inhibit public access across and along Parcel 2. C. Olen shall place signs, minimum size 1-1/2 ft. X 2 ft., with lettering, a minimum of 2 inches in height, located at positions "A," "B" and "C" as indicated on attached Exhibit "B." The signs at position "A" and "B" shall read "PUBLIC ACCESS TO BAY. PEDESTRIAN TRAFFIC ONLY. NO LOITERING." The sign posted at position "C" shall read "PUBLIC.ACCESS TO STREET. NO LOITERING." D. Olen shall•rea8g6 all locking devices from and leave 'l t open the gates located at position "D" and "E" as shown on Exhibit "B" 3. Pursuant to Paragraph 5 of the Agreement Olen has recorded in the Office of the Orange County Recorder a "Notice of Revocation of Civil Code Section 813 Notice." This Settlement Agreement shall be recorded against Parcel 2 and upon recordation of this Settlement Agreement, the Notice of Revocation shall be of no further force and effect and by the terms of this Settlement Agreement the original Notice per Civil Code Section 813 recorded on June 24, 1976, Instrument No. 26320, Book 1180, Page 1939, remains in full force and effect. 4. Except as expressly provided in this Settlement Agreement all terms and conditions of the Agreement shall remain in full force and effect. 5. Upon the full execution of this Settlement Agreement, and the satisfaction of all conditions of this Settlement Agreement by JLK\SCNULTZ.AGT -4- rj Olen, the City of Newport Beach will promptly file a Request for Dismissal, with prejudice as to Case No. 631613, as against Olen and all other named defendants in the City Lawsuit. 6. Upon full execution of this Settlement Agreement, Olen shall promptly file a Request for Dismissal with prejudice as to the City of Newport Beach and the Hirotas as to Case No. 598082, the Olen Lawsuit. 7. In consideration of Olen's agreement to comply with each of the terms contained in ,paragraphs 2, 3, 4 and 5 of this Settlement Agreement and d3eii!s agreement to dismiss, with prejudice, the Olen Lawsuit, the Schultzes and Hirotas agree to dismiss, with prejudice, the Schultz Lawsuit. S. The parties shall bear their own costs and attorneys' fees in connection with all actions referenced herein. 9. Upon execution of this Settlement Agreement, Olen does hereby, for itself, its officers and employees, assigns, successors, agents, and representatives release and absolutely forever discharge the Schultzes, Hirotas and City, its City Council, officers, employees from any and all claims, demands, debts, liabilities, obligations, and causes of action which it ever had, or now has against the Schultzes, Hirotas and City, which may in any way be related to all matters which have been alleged to arise or have arisen in any matter in connection with the Agreement. 10. Upon execution of this Settlement Agreement, City does hereby, for itself, its officers, City Council, and employees JLK\SCHULTZ.AGT -5- release and absolutely forever discharge Olen, its officers, employees, assigns, successors, agents and representatives, and each of them, from any and all claims, demands, debts, liabilities, obligations, and causes of action which it ever had, or now has against Olen, which may in any way be related to, all matters which have been alleged to arise or have arisen in any matter in connection with the Agreement. 11. Upon execution of this Settlement Agreement, Hirotas and Schultzes do hereby release and,osolutely forever discharge Olen, • J A its officers, employees, assigns, successor, agents and representatives and each' of them from any and all claims, demands, debts, liabilities, obligations, and causes of action which it ever had, or now has against Olen, which may in any way be related to all matters which have been alleged to arise or have arisen in any matter in connection with the Agreement. 12. Currently Parcel 2, along with the property located at 3390 Via Lido, Newport Beach,' California is leased to Imperial Savings and Loan Association. Olen represents that by entering into this Settlement Agreement Olen 'is not in violation of any terms of its lease with Imperial Savings and further represents that Imperial Savings and all future tenants will be made to comply with the terms of this Settlement Agreement. 13. This Settlement Agreement shall be binding upon and inure to the benefit of each of the parties, its/their respective assigns, successors and representatives. JLK\SCHULTZ.AGT cm 0 14. This Settlement Agreement reflects the settlement of disputed claims and assertions; and as such, except as otherwise specifically provided in this Settlement Agreement, neither this Settlement Agreement, nor any Recitals set forth herein, nor any action taken pursuant to this Settlement Agreement, shall be regarded or construed to be an admission of fault, liability, or other matter on the part of any person or entity. 15. In the event it should be necessary for a party to this Settlement Agreement, to ,becoYge a party in any legal proceeding involving the interpretatioiV or. enforcement of any part of this Settlement Agreement, th`e'previiling party in such proceeding shall be entitled to recover all costs and attorney fees incurred in connection with such proceedings. 16. This Settlement Agreement is a negotiated document and shall be deemed to have been drafted jointly by the parties. It shall be governed and construed in accordance with the laws of the State of California. 17. The parties agree and represent, that this Settlement Agreement is being entered into in good faith and constitutes a good faith and reasonable settlement of the matters in question. 18. This Settlement Agreement is an integrated contract and constitutes the entire agreement of the parties pertaining to the subject matter contained in this Settlement Agreement and thereby supersedes all prior and/or contemporaneous negotiations, agreements, representations, and/or understandings of the parties with respect to the subject matter of this Settlement Agreement. JLK\SCHULTZ.AGT -7- 19. No amendment, supplement, modification or termination of any term or part of this Settlement Agreement shall be valid or binding unless executed in writing by the party to be bound thereby. 20. Each person signing this Settlement Agreement represents and warrants that such person has the authority to execute and enter the same on behalf of all individuals and entities indicated. OLEN PROPERTIES CORPORATION J 4 ' •1 J s Igor Olenicoff, President APPROVED AS TO FORM: CITY NEWPORT BEACH By:Asst. City Attorney Ro ert L. Wynn, City Manag r JLK/SCXULTZ.AGT David N. Schultz Dona. L. Schultz Mc Hirota Hirot S 19. No amendment, supplement, modification or termination of any term or part of this Settlement Agreement shall be valid or binding unless executed in writing by the party to be bound thereby. 20. Each person signing this Settlement Agreement represents and warrants that such person has the authority to execute and enter the same on behalf of all individuals and entities indicated. APPROVE S TO FO By: — A st. City Attor ey JLK/SCBULTZ.AGT OLEN PROPERTIES RPORATION Igor 0 1 scoff, Pr sident CITY OF NEWPORT BEACH Robert L. Wynn, City MarTaTer David N. Schultz Dona L. Schultz Eiichi Hirota Kumiko Hirota 19. No amendment, supplement, modification or termination of any term or part of this Settlement Agreement shall be valid or binding unless executed in writing by the party to be bound thereby. 20. Each person signing this Settlement Agreement represents and warrants that such person has, the authority to execute and enter the same on behalf of all individuals and entities indicated. n T.P.N PRAPF.RTTRR C&PPnP4MT0N STATE OF CAUFORNIA , ")ss. COUNTY OF ��,anr.ra D ) On qq before me, / / L'm.L ri ?� V Gi.,�PiY�• personally appeared,-[j..p�IX Lod NA r• personally known to me (or proved I to me on a basis of satisfactory evidence) to be the person($) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshe/lhey executed the same in his/herAheirauthorized 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. OFFICIAL SEAL 4` 00?OMY 1. FALEN WITNESS my t nd and official seal. m NOTARY POUC • CALIFORNIA Signature , unANGECGU'y2 � a My Comm,CtxE>ytres May 25,1993 (This area for official notanal seap STATE OF CAUFORNIA I COUNTY OF — On �ss. On_ February 25, 1991 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Igor M. Olen COff and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Presiden. __� ,crptS,, on behalf of Olen RMWLoP ,ems_,„ the Corporation therein named, and acknowledged to me that OFFICIAL SEAL such corporation executed the within instrument pursuant to its EILEEti MILLER by-laws or a resolution of Its board of directors. NOTARY PUBLIC- CAUFOrHA (RANGE Cmay WITNESS my he and aannd official s`eeaall..��I O /% tIY ccf>It IGN V. mcT20,1991 Signature' cal-��✓v i�.c,Y&tp (This area for official notarial seal) rv, 19. No amendment, supplement, modification or termination of any term or part of this Settlement Agreement shall be valid or binding unless executed in writing by the party to be bound thereby. 20. Each person signing this Settlement Agreement represents and warrants that such person has the authority to execute and enter the same on behalf of all individuals and entities indicated. OLEN PROPERTIES CORPORATION I H Igor Olenicoff, President y APPROVED AS TO FORM: CITY OF/ NEW�P—ORT BEACH ) By: Lt c.�-' 1 W 1, Asst. City Attorney Robert L. Wynn, City 2✓,ana er Fled 0 1 � Mu" XEM 4 MIN -. MAN David-N. Schultz Dona L. Schultz STATE OF CALIFORNIA SS. COUNTY OF Los Angeles On July 22, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared David N. Schultz and Dona L. Schultz personally known to me (or proved to me on the basis of satisfactoryevidence) to bethe person(s) whosename is/am subscribed to be within instrument and acknowledged to me that he/she/they executed the same his/her/their authorized tapacity(ies), and that by histher/theirsignawre(s)onthe in- $Uuntmthe person(s), or the entity upon tidiakfofwhich the person(s) acted, used the instrumen/h WTTNFSS myj��/a�nd official sfa1Y/ •'"` OFFICIAL SEAL DAWN BRASINGTON NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My COMMUSion Exll. APtil 2, 1993 (This ua fa offiKW .oluitl K.I) 'L7C-20 Dawn Brasington Ze<�!�r::;�?:;f.. • � ; i�:✓. i:;,J3:;f=.::"; .ir.; ;%;i:.n'.;a;S .'iinX"- .:ik•'�iHfl 4' . .. .. ._ ......... .. . _. �nann<,dwi+�%r%f4:oJ:�.11i.1•. c� STATE OF CALIFORNIA isa n COUNTYOF Orange E • June 14, 1991 before me, the undersigned a Notary Public in and for O o said state, personally appeared_ Haruki Yamada • F c satisfactory evidence) to be the person whose name Is • `m personally known to me (or proved to me on the basis of ^subscribedtoasthe Attorney infact of Eiichi Hirota and the within instrument 2, KUMikQ acknowledged to me that a he subscribed the name(s) and CIA Eiichi Hirota hdhd Kumiko JOANIE L. MATROU3 = ri OfNICYTARY Hirota �+' "'� ORANGE COUNTY thereto as•pdncipal(s), and his dr own name as Attorney in ((y COMM. EXP. AUG. 27, 1993 Fact .k ' a j WITNESS my hand and official seat. 1` 1 m � (This area for official notarial seal) 2 Stgnatur a o I 0 m i At C 1 s- do 4,*(X p � " 7J�iJ�e�d' • , Vy 7a�Rx��e 6MAY" n(O '� • � qV/ Awl+ Id')••/ .. `•'�� • • To � I��iiriFNN i���J .. I+✓MN ON /"L//LO /V. ee O A. � I./ariiroW N/ /ii iw/ a// "A /VI/,i ! .wi/ ITM �Ir YffTRTTP R q. Vd 44 444v% ire ;E�Woox/ Wo Sinasek, Jim From: Clauson, Robin To: Sinasek, Jim Subject: RE: 3366 Via Lido (Olen Properties) Date: Monday, February 03, 1997 11:33AM okay let me know if you dont hear anything on mon we can file something theis week From: Sinasek, Jim To: Clauson, Robin Cc: Schuller, Ray Subject: 3366 Via Lido (Olen Properties) Date: Friday, January 31, 1997 4:05PM I have placed two calls to the attorney representing Olen Properties, Patrick Kaemerle, and he has not returned my call to date. Lets see what happens on Monday 2/3/97 and then file a lawsuit if -he does not give us an update that we can.live with. Thanks, Jim / 7 ✓( /vU0. '7 Page 1 BASE ** ACTIVITY PROCESSING ** 12/12/96 COMPLAINT No: CE961601 07:14,, Type: COMPLAIN --- COMPLAINT INVESTIGATION Status: PENDING Dates: Received: 121296 CityAction: Closed: To Expire: Problem: BRIGHT PARKING LOT LIGHTING Address: 3366 Dir: Street: VIA LIDO Structure: Floor: Unit: Counc.Dist: 1 Prob. Code: # of Viol.: 1 No district keyword Additional: Comments Insp. Area: US Taken By: US ----- - ------ ---------- Project: 96007197 BRIGHT PARKING LOT LIGHTING Entered: 12/12/96 By: BLDGCLRK / /3--57 2-®f g 7 DATE COMPLAINT NOTES DATE: i� TIME:.3; z, ADDRESS (OR LOCATION): 4� EGG Ztc DESCRIPTION OF THE PROBLEM: �T TAKEN BY - CALLER'S PHONE NUMBER: O — 2� ` % 7?g — // " 6 CALLER'S NAME: /i( __- ANONYMOUS: /L VISIBLE FROM PUBLIC WAY: YES TO BE ENTERED: ENTERED: 77.--7(0 NO Sinasek, Jim From: Sinasek, Jim To: Schuller, Ray Subject: Lighting Date: Friday, December 13, 1996 2:41 PM I need to recheck for compliance the lighting at 3100 Irvine Ave., 2247 E. Coast Hwy. and also relative to a new complaint at 3366 Via Lido. I hope that it is ok to do the inspections this weekend. Thank you, Jim BASE ** ACTIVITY PROCESSING ** 12/27/96 COMPLAINT No: CE961625 08:34, Type: COMPLAIN --- COMPLAINT INVESTIGATION ----------------------------------------------------------------------F--------- Status: OPEN i Dates: Received: 112596 CityAction: 112696 ~ Closed: To Expire: Problem: PUBLIC ACCESS ACROSS PARKING LOT RESTRICTED. Address: 3366 Dir: Street: VIA LIDO Structure: Floor: Unit: Counc.Dist: 1 Prob. Code: 20P&Z # of Viol.: 1 No district keyword Additional: Comments Insp. Area: JS Taken By: US -------------------------- ----------------------------------------------------- Project: 96007410 PUBLIC ACCESS ACROSS PARKING Entered: 12/27/96 By: CODE �97 REFERRED TO: CALLER: PHONE:4jZF,1-1/ DATE CLOSED: BY: TO y DATE 0 Ac nts Payable General Services 0 Administrative Services Human Resources 0 Arts 0 Mayor Building M.I.S. 0 City Attorney 0 Planning 0 City Clerk 0 Police 0 City Manager 0 Public Works/Engineering City Manager (Assistant) Public Works/Utilities 0 Community Services 0 Revenue Fire & Marine FROM ❑ACTION ❑AS REQUESTED ❑REVIEW ❑INFORMATION ❑COMMENT ❑FILE ❑SIGNATURE ❑RETURN CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 December 19, 1996 Mr. Igor Olenicoff % Olen Properties 7 Corporate Plaza Newport Beach, Ca. 92660 Subject: Settlement Agreement dated November 13, 1990 Re: 3366 Via Lido, Newport Beach, California Dear Mr. Olenicof£ On November 26, 1996 this office sent you a letter relative to the "Settlement Agreement" to which you agreed on November 13, 1990. This agreement pertained to access rights of the public across your property. Your adherence to that agreement was ex ecte y December 15, 1996. t� e �. NorvV since you haveAapp igrrore the "Settlement Agreement" and our request this matter is now being referred,as-promised; to the office of the City Attorney � tY Y for appropriate action. To discuss this letter you should contact Jim Sinasek between the hours of 7:00 to 8:00 a.m. or 3:30 to 4:00 p.m. at 714-644-3215. Very truly yours, BUILDING DEPARTMENT Raimar,Schuller, Director Code Enforcement Supervisor xc: City Manager Assistant City Manager Planning and Building City Attorney 7 3300 Newport Boulevard, Newport Beach PATRICK T. KAEMERLE ATPORNEYATLAW 7 CORPORATE PLAZA NEWPORT BEACH, CA 92660 TELEPHONE (714) 719.7212 FAX (714) 719.7210 January 13, 1997 Jim Sinasek Code Enforcement Supervisor City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Re: Settlement Agreement dated November 13, 1990 3366 Via Lido, Newport Beach, California Dear Mr. Sinasek: Pursuant to our telephone conversation from this morning, this will confirm that my client, Olen Properties Corp. ("Olen") is still in the process of gathering information and investigating the matter that is the subject of your November 26 and December 19, 1996, letters to it. I should be able to respond on behalf of Olen to those letters within the next two weeks. Thank you for your courtesy and cooperation in this regard. Cordially, Patrick T. Kaemerle PTK/em JAN 1 41997 G1i'� 1.• PATRICK T. KAEMERLE ATTORNEY AT LAW 7 CORPORATE PLAZA NEWPORT BEACH. CA 92660 TELEPHONE (714) 719.7212 FAX (714) 719.7210 December 24,1996 Jim Sinasek Code Enforcement Supervisor City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Re: Settlement Agreement dated November 13, 1990 3366 Via Lido, Newport Beach, California Dear Mr. Sinasek: This is in response to your letter of November 26, 1996, to my client, Igor Olenicoff of Olen Properties Corp. I attempted to reach you by telephone this morning to discuss the issues raised in your letter, but you were apparently out of the office. Since I was not involved in the original litigation and settlement and just recently received a copy of your letter, I am not fully familiar with the issues you raise. Additionally, I will be out of the office on vacation until January 6, 1997. I would appreciate your not taking any further action until I return and have a chance to review this matter and discuss it with my client. Upon review I will call you to discuss during the week of January 6,1997. Thank you for your anticipated cooperation. Cordially, PLck T. emerle PTK/em 3UILDIN!G Di F A11"� %ic _idT DEC 2 6 1996 CITY Cc-o CITY OF NEWPORT BEACH i P.O. BOX 1768, NEWPORT BEACH, CA 9265M915 December 19, 1996 Mr. Igor Olenicoff % Olen Properties 7 Corporate Plaza Newport Beach, Ca. 92660 Subject: Settlement Agreement dated November 13, 1990 Re: 3366 Via Lido, Newport Beach, California Dear Mr. Olenicoff. On November 26, 1996 this office sent you a letter relative to the "Settlement Agreement" to which you agreed on November 13, 1990. This agreement pertained to access rights of the public across your property. Your adherence to that agreement was expected by December 15, 1996. Now since you have apparently chosen to ignore the "Settlement Agreement" and our request this matter is now being referred, as promised, to the office of the City Attorney for appropriate action. To discuss this letter you should contact Jim Sinasek between the hours of 7:00 to 8:00 a.m. or 3:30 to 4:00 p.m. at 714-644-3215. Very truly yours, BUILDING DEPARTMENT L-A Code Enforcement Supervisor xc: City Manager Assistant City Manager Planning and Building City Attorney 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 November 26, 1996 Mr. Igor Olenicoff % Olen Properties 7 Corporate Plaza Newport Beach, Ca. 92660 Subject: Settlement Agreement dated November 13, 1990 Re: 3366 Via Lido, Newport Beach, California Dear Mr. Olenicoff. As you may recall, pursuant to a previous lawsuit it was agreed between the parties that you would provide and maintain reasonable public access across the parking lot for the then Imperial Savings and Loan. Although it was agreed that you would retain the wrought iron fence across the property facing Via Lido, the openings/gates located at the "X" shown on Exhibit `B" were at all times to remain open to provide public access, and were not to be closed or locked unless an amendment had been made to the Settlement Agreement to provide alternative access to the bay from Via Lido across Parcel 2. Further, according to the agreement, you were to place signs, minimum size 1-1/2 ft. by 2 ft., with lettering, a minimum of 2 inches in height, located at positions "A", "B" and "C" as indicated on attached Exhibit `B". The signs at position "A" and `B" were to read "PUBLIC ACCESS TO BAY. PEDESTRIAN TRAFFIC ONLY. NO LOITERING." The sign posted at position "C" was to read "PUBLIC ACCESS TO STREET. NO LOITERING." Also, you were to remove all locking devices from and leave open the gates located at position "D" and "E" as shown on Exhibit "B". Therefore, on or before December 15, 1996, you are to adhere to the agreed to Settlement Agreement otherwise we will forward this matter to the office of the City Attorney for appropriate action. 3300 Newport Boulevard, Newport Beach November 26, 1996 Page 2 3366 Via Lido Hopefully, this issue will be resolved quickly and amicably with your cooperation and understanding. To discuss this letter or to notify the City that the corrections have been completed you should contact Jim Sinasek between the hours of 7:00 to 8:00 a.m. or 3:30 to 4:00 p.m. at 714-644-3215. Very truly yours, BUILDING DEPARTMENT RaimarSchuller, sector Supervisor Exhibit B xc: City Manager Assistant City Manager Planning and Building City Attorney /� ilr�9 "%SOS-/�J9% E ,�/- ,• d�-O.gA-1 33G7?-Fg J,/a- /-i0 o a r All 3?49 J.g- .Liija =Ab DATE / TIME TELEPHONED PLEASE CALL RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SPI&YOU URGENT ���/ i- , u. �l� M TIME poR atz v WHILE YOU W/ ERR OUT p110NE o 6 / / _ ! d / 6 EXT. TELEPHONED PLEASE CALL RETURNED YOUR CALL WILL CALL AGAIN LAME IN TO SEE YOU URGENT pAp f ./ -- el- L; — BY (714) 863-4163 'I Igor M. Olenicoff F I vrovnsnt f P&"OPcRTIE3 COAP 17991 Coaan, Irvine, California 92714-6047 LAW OFFICES OF 1{IRCBER & WARAZATO A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ,1 ARTHUR NAKAZATO ATTORNEY AT LAW I 880 NEWPORT CENTER DRIVE 811 WEST 7Tn STREET SUITE 750 SUITE 1100 NEWPORT BEACH, CA 92890 LOS ANGELES, CA 90017 1714) 720.9753 (213) 683-1377 GARY LJ . COHEN ATTORNEY AT LAW I889 CENTURY PARR EAST SURE 1777 LOS ANGELES. CALIFORNIA 90067 LAW OFFICES OIPSON NOPFMAN a PANCIONE TELEPHONE (213) 558.4fi60 A PROFESSIONAL CORPORATION TW% 9104962531 ` Donald E. Studer (714) 863-1163 General Counsel - FAX (714) 756-2165 i PROPERTIES CORP. 20 Corporate Park, Irvine, California 92714.6047 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: ROBIN FLORY CITY OF NEWPORT BEACH 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659-1768 EXEMPT: GOV'T CODE 6103 SETTLEMENT AGREEMENT THIS AGREEMENT, is made and entered into this 1-� day of 9°""04 , 1990 between the City of Newport Beach, a California Charter City (hereinafter "City"), Olen Properties Corporation, a California corporation (hereinafter "Olen"), David N. Schultz and Dona L. Schultz (hereinafter the "Schultzes") and Eiichi Hirota and Kumiko Hirota (hereinafter the "Hirotas") with respect to the following facts: RECITALS A. A dispute has arisen between the parties over a City requirement for Olen to provide reasonable public access over and along property located at 3366 Via Lido, Newport Beach, California, referred to as Parcel 2 and more particularly described in Exhibit "A." The dispute arises out of a May 16, 1974 agreement, (hereinafter referred to as the "Agreement"), reached between the City of Newport Beach, Imperial Savings & Loan Association, (Olen's predecessor in interest), and Donald M. Koll. The Agreement was entered into as a condition of approvals granted to Don Koll Company for Re -subdivision No. 433 which included Parcel 2. A copy JLK\SCHULTZ.AGT of the Agreement is attached hereto as Exhibit "C" and incorporated herein by reference. B. As a result of the dispute, City has filed an action for Declaratory Relief, Injunction and Specific Performance against Olen and other defendants in Orange County Superior Court, Case No. X 631613 (the "City Lawsuit"). Olen has also filed, but not served on City, a complaint for Declaratory Relief in Orange County Superior Court, Case No. 598082, (the "Olen Lawsuit"). C. The City alleges that after many years of providing public access across Parcel 2 as required by the Agreement, Olen has put up fencing around Parcel 2 and posted "No Trespassing" signs. City alleges that public access has been blocked by the fencing, and the signs in violation of the Agreement. Olen alleges that under the terms of the Agreement it is no longer required to provide public access across Parcel 2 and is therefore within its rights to block public access. Olen further alleges that the property adjacent to Parcel 2, owned by the Hirotas is required to provide public access pursuant to the terms of the Agreement. D. On February 24, 1989, the Schultzes, on behalf of themselves and the Hirotas, filed a complaint against Igor M. Olenicoff, Olen Properties Corp., and Does 1-10, alleging causes of action for declaratory relief, slander of title, and publication of injurious falsehood bearing civil action number 583192 on the dockets of the Orange County Superior Court (the "Schultz Lawsuit"). JLK\SCHULTZ.AGT -2- I - I E. The parties now desire to avoid the substantial expense and uncertainty of a trial and therefore desire to settle, compromise, and resolve any and all disputes, claims, liabilities, actions, causes of actions, obligations, costs, damages, losses and demands, arising from the Agreement as it relates to the provision of public access across and along Parcel 2. WHEREFORE, in consideration of the mutual covenants and promises contained in this Settlement Agreement, the parties agree as follows: 1. The foregoing Recitals are hereby incorporated by reference and made a part of this Settlement Agreement. 2. Olen agrees to provide, and maintain reasonable pedestrian access across and along Parcel 2 as provided in Paragraphs 1, 2 and 3 of the Agreement. Reasonable public access shall be provided in accordance with this Settlement Agreement and the plot plan attached hereto as Exhibit "B" and incorporated herein by reference. A. Olen may retain the wrought iron fence which has been constructed across the property facing Via Lido. The openings/gates located at the "X" shown on Exhibit "B" shall at all times remain open to provide public access, and shall not be closed or locked unless an amendment to this Settlement Agreement is made to provide alternative access to the bay from Via Lido across Parcel 2. JLK\SCHULTZ.AGT -3 - B. Olen shall remove all "No Trespassing" signs or other signs which prohibit or otherwise inhibit public access across and along Parcel 2. C. Olen shall place signs, minimum size 1-1/2 ft. X 2 ft., with lettering, a minimum of 2 inches in height, located at positions "A," "B" and "C" as indicated on attached Exhibit "B." The signs at position "A" and "B" shall read "PUBLIC ACCESS TO BAY. PEDESTRIAN TRAFFIC ONLY. NO LOITERING." The sign posted at position "C" shall read "PUBLIC ACCESS TO STREET. NO LOITERING." D. Olen shall remove all locking devices from and leave open the gates located at position "D" and "E" as shown on Exhibit "B". 3. Pursuant to Paragraph 5 of the Agreement Olen has recorded in the Office of the Orange County Recorder a "Notice of Revocation of Civil Code Section 813 Notice." This Settlement Agreement shall be recorded against Parcel 2 and upon recordation of this Settlement Agreement, the Notice of Revocation shall be of no further force and effect and by the terms of this Settlement Agreement the original Notice per Civil Code Section 813 recorded on June 24, 1976, Instrument No. 26320, Book 1180, Page 1939, remains in full force and effect. 4. Except as expressly provided in this Settlement Agreement all terms and conditions of the Agreement shall remain in full force and effect. 5. Upon the full execution of this Settlement Agreement, and the satisfaction of all conditions of this Settlement Agreement by JLK\SCHULTZ.AGT -4- Olen, the City of Newport Beach will promptly file a Request for Dismissal, with prejudice as to Case No. 631613, as against Olen and all other named defendants in the City Lawsuit. 6. Upon full execution of this Settlement Agreement, Olen shall promptly file a Request for Dismissal with prejudice as to the City of Newport Beach and the Hirotas as to Case No. 598082, the Olen Lawsuit. 7. In consideration of Olen's agreement to comply with each of the terms contained in paragraphs 2, 3, 4 and 5 of this Settlement Agreement and Olen's agreement to dismiss, with prejudice, the Olen Lawsuit, the Schultzes and Hirotas agree to dismiss, with prejudice, the Schultz Lawsuit.. 8. The parties shall bear their own costs and attorneys' fees in connection with all actions referenced herein. 9. Upon execution of this Settlement Agreement, Olen does hereby, for itself, its officers and employees, assigns, successors, agents, and representatives release and absolutely forever discharge the Schultzes, Hirotas and City, its City Council, officers, employees from any and all claims, demands, debts, liabilities, obligations, and causes of action which it ever had, or now has against the Schultzes, Hirotas and City, which may in any way be related to all matters which have been alleged to arise or have arisen in any matter in connection with the Agreement. 10. Upon execution of this Settlement Agreement, City does hereby, for itself, its officers, City Council, and employees JLK\SCHULTZ.AGT -5- release and absolutely forever discharge Olen, its officers, employees, assigns, successors, agents and representatives, and each of them, from any and all claims, demands, debts, liabilities, obligations, and causes of action which it ever had, or now has against Olen, which may in any way be related to, all matters which have been alleged to arise or have arisen in any matter in connection with the Agreement. 11. Upon execution of this Settlement Agreement, Hirotas and Schultzes do hereby release and absolutely forever discharge Olen, its officers, employees, assigns, successor, agents and representatives and each of them from any and all claims, demands, debts, liabilities, obligations, and causes of action which it ever had, or now has against Olen, which may in any way be related to all matters which have been alleged to arise or have arisen in any matter in connection with the Agreement. 12. Currently Parcel 2, along with the property located at 3390 Via Lido, Newport Beach, California is leased to Imperial Savings and Loan Association. Olen represents that by entering into this Settlement Agreement Olen is not in violation of any terms of its lease with Imperial Savings and further represents that Imperial Savings and all future tenants will be made to comply with the terms of this Settlement Agreement. 13. This Settlement Agreement shall be binding upon and inure to the benefit of each of the parties, its/their respective assigns, successors and representatives. JLK\SCHULTZ.AGT -6- 14. This Settlement Agreement reflects the settlement of disputed claims and assertions; and as such, except as otherwise specifically provided in this Settlement Agreement, neither this Settlement Agreement, nor any Recitals set forth herein, nor any action taken pursuant to this Settlement Agreement, shall be regarded or construed to be an admission of fault, liability, or other matter on the part of any person or entity. 15. In the event it should be necessary for a party to this Settlement Agreement, to become a party in any legal proceeding involving the interpretation or enforcement of any part of this Settlement Agreement, the prevailing party in such proceeding shall be entitled to recover all costs and attorney fees incurred in connection with such proceedings. 16. This Settlement Agreement is a negotiated document and shall be deemed to have been drafted jointly by the parties. It shall be governed and construed in accordance with the laws of the State of California. 17. The parties agree and represent, that this Settlement Agreement is being entered into in good faith and constitutes a good faith and reasonable settlement of the matters in question. 18. This Settlement Agreement is an integrated contract and constitutes the entire agreement of the parties pertaining to the subject matter contained in this Settlement Agreement and thereby supersedes all prior and/or contemporaneous negotiations, agreements, representations, and/or understandings of the parties with respect to the subject matter of this Settlement Agreement. JLK\SCHULTZ.AGT -7 - 19. No amendment, supplement, modification or termination of any term or part of this Settlement Agreement shall be valid or binding unless executed in writing by the party to be bound thereby. 20. Each person signing this Settlement Agreement represents and warrants that such person has the authority to execute and enter the same on behalf of all individuals and entities indicated. APPROVED AS TO FORM: By: ea��& '-� City Atto hey Ir OLEN PROPERTIT CORPORATION Ig lenicoff, President CITY OF NEWPORT BEACH Z Robert L. Wynn, City Manager David N. Schultz Dona L. Schultz Eiichi Hirota Kumiko Hirota JLK\SCHULTZ.AGT - 8 - 19. No amendment, supplement, modification or termination of any term or part of this Settlement Agreement shall be valid or binding unless executed in writing by the party to be bound thereby. 20. Each person signing this Settlement Agreement represents and warrants that such person has the authority to execute and enter the same on behalf of all individuals and entities indicated. APPROVED AS TO FORM: By: City Attorney JLK\SCHULTZ.AGT OLEN PROPERTIES CORPORATION Igor Olenicoff, President CITY OF NEWPORT BEACH Robert L. Wynn, City Manager avid N. Schul'z MM �.S u tz r Eiichi Hirota .wu.LJ'U nir a -8- 14S . MAU r.'MIN TO, GCrEgTEO r� p �+ _ .. LAY. .I (.: ;^.'•, CI'Y CLERK L 1486 ij i REC"r' OEO t11 OFFICIAL C!ly _'l;:C'., :•,CH J FFEE ORANGE .,.r•s 1GE COUNTY, f,*N7 v;.'i :.:.•.CH, CALIF. 92660 i C3 s:05 A.M. 111AY 21 1974 AGAGRE�:4ENT This Agreement is made and effective this �!v day of11 , 1974, between I1:PERIAL SAVINGS r?:D LOAN ASSOCIATIO ("Imperial"), DONP.LD M. KOLL ("Koll") and the • CITY OF NE: -PORT BEACH ("the"City") with reference to the fol- ;,e lowing facts: ' • .•; , A. 'Imperial is the owner of that certain real property �•''j, described in Exhibits "A" ("Parcel 1") and "B" ("Parcel 2") at- tached hereto and by this reference made a part hereof. B. Koll is the owner of that certain real property des- `".(iribed in Exhibit "C" C'Parcelt3")'attached hereto and by this reference made a part hereof. C. ' Imperial has agreed to sell Parcel•I to Koll pursuant to an Agreement of Purchase and Sale of Real Property between Imperial and Koll. D. -The Planning Commission of the City has approved a Resubdivision _(Resubdivision 17o. 433) allowing the sale of the property to Koll on condition that prior to the recording of a Parcel trap, Imperial shall furnish the City with an agree- ment satisfactory to the Director of Community Development and the City Attorney guaranteeing the construction of a boardwalk for reasonable public access bayward of a portion of Parcel 2. THEREFORE. the parties hereto agree as follows: -1- EXHIBIT • ,1/J et 1 1149E 14 52 i 1.. .A boardwalk -for reasonable public access bayward of a portion of Parcel 2 ("the boardwalk"), extending forty -'-seven (47) feet southeasterly of Parcel 1 shall be constructed by Koll at no expense to Imperial. The public access referred to herein is :pedestrian access. •I' :2. 'Said boardwalk shall be so constructed as to provide a southeasterly extension of the boardwalk proposed for construc- tion. by Koll bayward of --Parcel 1 and shall be completed within one year following the recordation of the Parcel Map of the Resub- .'.division. (See plot plan attached hereto as Exhibit "A-111) 3. Imperial shall allow public access to the boardwalk ',•'`"over a portion of the concrete sidewalk located bayward Qf the two-story building on Parcel 2. Imperial shall allow access to the concrete sidewalk over the parking lot located on Parcel 2. Access from the concrete sidewalk to the boardwalk shall be con- structed by Koll at no expense to Imperial. 4. If the concrete sidewalk is ever utilized by Imperial, or its successor -in -interest, to expand the two-story building now located on Parcel 2 or to construct another building in its place, the rights of the public to access to the boardwalk across the concrete sidewalk shall terminate. 5. This Agreement shall be recorded in the Office of the Recorder of Orange County, together with the following notice specified in g813 of the California Civil Code: -2- • br t I C4Sfc i 4�3 "The right of the public or any -person to -make any use whatsoever of the above described land or any por- tion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to control, of owner: Section 813, Civil Code." upon cor.,.mencement of'any expansion or construction on the area now utilized as a concrete sidewalk, a notice of revocation of the S813 notice shall be recorded by Imperial in the Office of the Recorder of Orange County. A copy of such notice shall be mailed { Imperial to the City Attorney of Newport Beach and to Koll. The notice of revocation shall state that the rights of the public :. .• to access over the concrete sidewalk -are terminated but that the rights of ttie public to access to the extended boardwalk over the•parking lot located on Parcel 2 shall continue as provided in this Agreement. 6. In the event of such termination, Koll agrees to con- , struct an extended boardwalk southeasterly of the boardwalk bayward of Parcel 2 as may be required by the City. Construction of such extended boardwalk is not a condition precedent to the termination of the right of public access across the concrete sidewalk. 7. The rights of the public to access over the concrete sidewalk shall be terminated upon construction of a boardwalk extending southeasterly of the presently proposed boardwalk bayward of Parcel 2, whether or not the concrete sidewalk still exists. if such a boardwalk is ever constructed by Imperial, i:oll or any -3- 1 1 145fc 1454 ` other person or entity, 'then Imperia•l,..may record a notice of re- vocation as provided in Section 5 hereof and the right of public access over the concrete sidewalk shall immediately terminate. A copy of such notice shall be. nailed by Imperial to the City Attorney Of Piel,-port Beach and to Roll. - 8. Upon construction of an extended boardwalk southeasterly of the boardwalk to be constructed bayward of Parcel 2 Imperial shall allow public access to the boardwalk over the parking lot 'located on Parcel 2. Access from the parking lot on Parcel r; ! 2 to the extended boardwalk shall be constructed by Roll at no expense to Imperial. She IOCation of such access shall be de- signated by Imperial. 9. If Roll or his successor -in -interest constructs a boardwalk bayward of Parcel 31 Roll covenants and agrees to allow public access to such boardwalk over Parcel 3. Roll's agreement to allow public access over Parcel 3 to any boardwalk constructed bayward of Parcel 3 is a covenant made expressly for the benefit of Parcel 2 and is intended by ](oil and Imperial to be a covenant running with both Parcel 2 and Parcel 3'as provided in Civil Code'Section 1468. Said covenant effects the use of Parcel 2 and is expressly made binding upon successive ot,ners of Parcel 3 for the benefit of Parcel 2. 10. Upon construction of a boardwalk balvaard of Parcel 3, Imperial may record a notice of revocation of the 9813 notice, provided for in Section 5 hereof, in the Office of the County Recorder of Orange County and mail a copy of such notice to the -4- f 1 t s.tl455 . city, Attbiney of New= ort Beach and Noll. Said notice shall state that all rights of the public to access over the parking . lot on Parcel 2 and all public access across Parcel 2 provided under the terns of this Agreement is terriinated. 11. Nothing contained herein shall be construed as an .'�.:• •:' •• ::' express or implied dedication of any rights to the boardwalk or of any easement or access rights, or any other rights over the.property of Imperial or.Noll, to the public and no common law dedication of access or easement rights, or any other rights over the property of Imperial or Noll or over the board- .s• walk shall arise by virtue of the terms of this Agreement. 12. Nothing contained herein shall be cor,strued.as:an express or implied grantor dedication of any right of the public to park vehicles in the parking lot located on Parcel 2. Parking privileges in that lot shall continue to be reserved for invitees of Imperial or its successor -in -interest. 13. Imperial nay take such reasonable safety and security measures as it deems necessary to protect its business or property including restricting public access to portions of Parcel 2; provided, however, that the public shall not there- by be denied reasonable access to the boardwalk as long as this Agreement is in effect. 14. Noll is presently leasing from Imperial the property bay and of Parcel 2. Therefore the boardwalk, and any extension thereof, bay and of Parcel 2 shall be maintained and repaired by Noll. -5- 15. This Agreement is to be executed by the Mayor of the City pursuant to a duly adopted resolution of the City Council of Newport Beach. 16. This Agreement and every covenant and condition con- tained herein shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, personal representatives, successors or assigns. 17. The parties hereto may seek injunctive or other appro- piiate relief to enforce the terms of this Aareement. ;. '18. In the ,event that any party hereto shall institute any y.; legal action or,proceeding against the other party on account of the other's failure or refusal to perform or fulfill any of the terms of this Agreement on his or its part to be perform=d or fulfilled, then it is agreed that in any such action or pro- ceeding the prevailing party shall be entitled to its reasonable costs therein and such further and additional sun as and for its attorneys' fees as the court in such action or proceeding may adjudge to be reasonable. 19. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be valid under appli- cable law, but, if any provision of this :.greement shall be deemed invalid or prohibited thereunder„ such provision shall be ineffective to the extent of such prohibition and invalidating which shall not invalidate the remainder of such provision or the re-maining provisions of this Agreement. Mc t l 49P( 1457 IN WITNESS h'HEREOF, the parties hereto have executed this Agreement on the'day and year first above written.' ATTEST- 'City Clerk APPROVED—PY: IMPERIAL SAVINGS 6 LOAN ASSOCIATION DONALD M. KOLL BY Donald 14. Koll `~-- CITY OF NEWPORT BEACH Mayor IZiY�ctor f CQir�lunity uevelopienc �APP OVED AS (/FORM Nss•ECity Attorney -7- BK 1114SPt EXHIBIT "A" DESCRIPTION OF PROPERTY PARCEL 11 in the Cir.y 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. r 4 ` crraL�� DESCRIPTION OF PROPERTY sr 1 I I 45F4 ! 461 PARCEL 21 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. M9i \ ► ` 0Pr5! 4.62 LEGAL DESCRIPTION The Northwesterly 25.00 feet of Lot 4 and all of Lots 5, 6 and 7 except the Northwesterly 20.00 feet of Lot 7 of Tract No. 1622. x r / •........................... - Lo Lo 'IPb h L L 1 • � Lf(fiQ• �' iIJ 40 A 1 .hr/!�•i Awn , s Ij�' : l • • LkK/L J I � ' Wi Mr• IA.V/ . r✓�ic♦ I /i w ri A•S /.•.•nN /N //M.r/./r Av. • .. . r....,L/�.,• AI,II .... rig i:/L/ /Yi NIL/( / ••./I • • AWAMW 1 Ole IV owf4p.• ' Iw•nN ON /Yt/.I'r wV•' r I T m R£CO • , ilEA!t C'It•.:N 10, R£pUEST£p+e�, fwIYFC:.i :.:•.CH, CALIF. 42660 21486 C3 • AGREE!/ENT 1;z i 1 14Sft. W l RECORDED It1 OFFICIAL OF ORANGE COUNTY. CA:JFu :;;;z s:os AJA, MAY 21 1974 1, Y171Ji Cf �IYLE, C:�n:; Ft:c: C:r This Agreement is made and effective this �fv day of�/c. , 1974, between II:PERIAL SAVINGS AID LOAN ASSOCIATIO ("Imperial"), DONIALD M. NOLL ("Noll") and the 'CITY OF NE:4PORT BEACH" ("the'City") with reference to the fol- ;•c lowing facts: A. Imperial is the o�*ner of that certain real property sdescribed in Exhibits "A" ("Parcel 1") and "B" ("Parcel 2") at- tached hereto and by this reference made a part hereof. :;';`.'•.'.B. Noll is the Owner of that certain real property des- ` '`"•cribed in Exhibit "C" ("Parcel'3") attached hereto and by this reference made a part hereof. C. Imperial has agreed to sell Parcel•I to Noll pursuant to an Acree.ment of Purchase and Sale of Real Property between Imperial and Noll. D. -The Planning Coaanission of the City has approved a Resubdivision .(Resubdivision Ito. 433) allowing the sale of . the property to Noll on condition that prior to the recording of a Parcel 1•fap, Imperial shall furnish the City with an agree- ment satisfactory to the Director of Community Development and the City Attorney guaranteeing the construction of a boardwalk for reasonable public access bayward of a portion of Parcel 2. THEREFORE; the parties hereto agree as follows: -1- EXHIBIT �! 1149Ft 1492 i 1.. . A boardwalk- for reasonable public access bayward of a portion of Parcel 2 ("the boardwalk"), extending forty -'-seven (47) feet southeasterly of Parcel 1 shall be constructed by Koll at no ei:pense to Imperial. The public access referred to herein is :pedestrian access. ,tj.' :i •..; 2. .' Said boardwalk shall be so constructed as to provide a southeasterly extension of the boardwalk proposed for construc- :`tion by Koll bayward of --Parcel 1 and shall be completed within one `•.:`year following the recordation of the Parcel Map of the Resub- division. (See plot plan attached hereto as Exhibit 11A-111) :.3 imperial shall allow public access to the boardwalk over a portion of the concrete sidewalk located bayward pf the two-story building on Parcel 2. Imperial shall allow access to the concrete sidewalk over the parking lot located on Parcel 2. Access from the concrete sidewalk to the boardwalk shall be con- structed by Koll at no expense to Imperial. 4. If the concrete sidewalk is ever utilized by Imperial, or its successor -in -interest, to expand the two-story building now located on Parcel 2 or to construct another building in its place, the rights of the public to access to the boardwalk across the concrete sidewalk shall terminate. 5. This Agreement shall be recorded in the Office of the Recorder of Orange County, together with the following notice specified in §813 of the California Civil Code: -2- "The right of the public or any. person to -make any use whatsoever of the above described land or any por- tion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to control, of owner: Section 813, Civil Code." Upon commencement of' any expansion or construction on the area now utilized as a concrete sidewalk, a notice of revocation of the S813 notice shall be recorded by Imperial in the office of the 'Y;:;,:..:.;:• Recorder of orange County. A copy of such notice shall be mailed ;. fo;!* .%-• • • ,by Imperial to the City Attorney of..Newport Beach and to Koll. The notice of revocation shall state that the rights of the public to access over the concrete sidewalk are teurinated but that the j;:••. -rights of ttie• public to access; o the extended boardwalk over the parking lot located on Parcel 2 shall continue as provided in this Agreement. 6. In the event of such termination, Koll agrees to con- struct an extended boardwalk southeasterly of the boardwalk bayward of Parcel 2 as may be required by the City. Construction of such extended boardwalk is not a condition precedent to the termination of the right of public access across the concrete sidewalk. 7. The rights of the public to access over the concrete sidewalk shall be terminated upon construction of a boardwalk extending southeasterly of the presently proposed boardwalk bayward of Parcel 2, whether or not the concrete sidewalk still exists. If such a boardwalk is ever constructed by Imperial, Koll or any -3- 1 1145Fc 1454 ' other person or entity, 'then Imperial•May record,a notice of re- ) vocation as provided in Section 5 hereof and'the right of public access over the concrete sidewalk shall immediately terminate. A copy of such notice shall be mailed by Imperial to the City Attorney Of NEWPort Beach and to Roll. - 8. Upon construction of an extended boardwalk southeasterly of the boardwalk to be constructed ba-ward of Parcel 2 Imperial shall allow public access to the boardwalk over the parking lot located on Parcel 2. Access from the parking lot on Parcel 2 to the extended boardwalk shall be constructed by Roll at no expense to Imperial. -The location of such access shall be de- signated by Imperial. 9. If Roll or his successor -in -interest constructs a boardwalk bayward of Parcel 3, Roll covenants and agrees to allow public access to such boardwalk over Parcel 3. Roll's agreement to allow public access over Parcel 3 to any boardwalk constructed bayward of Parcel 3 is a covenant made expressly for the benefit of Parcel 2 and is intended by ]Coll and Imperial to be a covenant running with both Parcel 2 and Parcel 3 as provided in Civil Code. Section 1468. Said' covenant effects the use of Parcel 2 and is expressly made binding upon successive owners of Parcel 3 for the benefit of Parcel 2. 10. Upon construction of a boardwalk balti:•ard of Parcel 3, Imperial may record a notice of revocation of the S813 notice, provided for in Section 5 hereof, in the Office of the County Recorder of Orange County and mail a copy of such notice to the -4- i 1 149.3 1455. City Attbrney•of Nevort Beach and Koll. Said notice shall state that all rights of the public to access over the parking . lot on Parcel 2 and all public access across Parcel 2 provided under the terns of this Agreement is terminated. 11. Nothing contained herein shall be construed as an express or implied dedication of any rights to the boardwalk or of any easement or access rights, or any *other rights over the.property of Imperial or.Koll, to the public and no common law dedication of access or easement rights, or any other rights over the property'of imperial or Koll or over the board- i• walk shall arise by virtue of the terms of this Agreement. 12. Nothing contained herein shall be construed.as?an express or implied grant or dedication of any right of the public to park vehicles in the parking lot located on Parcel 2. Parking privileges in that lot shall continue to be reserved for invitees of Imperial or its successor -in -interest. 13. Imperial may take such reasonable safety and security measures as it deems necessary to protect its business or property including restricting public access to portions of Parcel 2; provided, however, that the public shall not there- by be denied reasonable access to the boardwalk as long as this Agreement is in effect. 14. Koll is presently leasing from Imperial the property bayward of Parcel 2. Therefore the boardwalk, and any extension thereof, bayward of Parcel 2 shall be maintained and repaired by Koll. -5- :41 1 (49Fc 1455 15. This Agreement is to be executed by the Mayor of the City pursuant to a duly adopted resolution of the City Council of Neu -port Beach. 16. This Agreement and every covenant and condition con- tained herein shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, personal representatives, successors or assigns. 17. The parties hereto ray seek injunctive or other appro- +' priate relief to enforce the terms of this Agreement. 18. In the event that any party hereto shall institute any legal action or. proceeding against the other party on account of the other's failure or refusal to perform or fulfill any of the terns of this Agreement on his or its part to be performed or fulfilled, then it is agreed that in any such action or pro- ceeding the prevailing party shall be entitled to its reasonable costs therein and such further and additional sun as and for its attorneys' fees as the court in such action or proceeding may adjudge to be reasonable. 19. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be valid under appli- cable law, but, if any provision of this :.greerient shall be deemed invalid or prohibited thereunder, „ such provision shall be ineffective to the extent of such prohibition and invalidating which shall not invalidate the remainder of such provision or the reziaining provisions of this Agreement. of ! ( t 49a 1457 IN WITNESS 1+'HEREOF, the parties hereto have executed this Agreement on the'day and year first above written.* IY.PERIAL SAVINGS & LOAN ASSOCIATION •.. DONALD M. KOLL BY Donald 14. Koll `-'----- ATTEST• CITY OF NEWPORT BEACH BY City Clerko I Mayor APP`IOVED AS FORM &st•ECity Attorney etopmen -7- EXHIBIT "A° OK 1 1 149PC I .I60 DESCRIPTION OF PROPERTY PARCEL 11 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. w " , i l DESCRIPTION OF PROPERTY sX 1114SPt 1461 PARCEL 2, 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. e• Dr ; ! ► 40PC r 462 LEGAL DESCRIPTION The Northwesterly 25.00 feet of Lot 4 and all of Lots 51 6 and 7 except the Northwesterly 20.00 feet of Lot 7 of Tract No. 1622. e n 1 , • ' Y ✓/il'I� A�wI ,.Z r✓ ' sows Nw•( sw/�••i , •ram I IY �'lI•.1 /,vtry lilJfr ' 0 - .- y r CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92659.1768 (714)644-3131 May 30, 1990 Donald E. Studer, Esquire 20 Corporate Park Irvine, CA 92714-6047 Re: 3366 and 3336 Via Lido Public Access Dear Mr. Studer: As a final response to your letter of April 27, 1990, I am enclosing a copy of the City Marine Department records regarding the location of the "Rhine Wharf Park boardwalk" referenced in the January 28, 1974 staff report. As you can see, the Rhine Wharf Park boardwalk is no where near the Shark Island Yacht Club. There is no reference in the staff report to the Shark Island Yacht Club. If you were to observe the Rhine area next to Lido Park Drive, you would see the boardwalk is similar to the forty-seven foot (471) boardwalk bayward of parcel 1 in that it is a fixed boardwalk constructed on piles and is bayside of the bulkhead. This is clearly the boardwalk referenced in the staff report. The City appears to have no option but to seek court enforcement of the Agreement. Very truly y urs, Robin Flo y Assistant Cit ttorney RF/mll 3300 Newport Boulevard, Newport Beach a rove EX/JT. W4APFrP/4Y EX/1T 1 ?.Q PROP H/OKK "y�+, 5 f It �8, 8/ rY. N/lVt o'er• ~ PKI ,f��N u OIrA( \•w /11CN� I 1 P,?OPOJEO �J ' BI/LKNEAO �,>p, Cif _ + ,� 'VICINITY SKETCH N[wPaRj ISAY CAL4P:Q=NIA 1 �• P � 3 T•C u[D Soundings ore swp�cssad /n %eY^f and d.nofa odervYhs be/ow "eon Lowa� !ow, Wo%•, .yorrNr, ronrye o> fide opP'O r,.`rol+a/y /D Feet. H�iboi /ri ore esJob//eAad /n Th/v secY/on ,Bo, 0 �S .7_j 4, PQQ oN ro QEma'ND�/U P E rKls ---- EX/ST/NG GYHA4F' TO BE ,Q�rl,,lD(/ED R i' • .( rPOPO,SLe-�+ 'OyD .c/elle EEa��jS' ,g . THE k/4111VEIr m A30LKyE4D O /UEINRv er & 4 Y rr-Z NEWPO.PT ,6EACy� Cl., ii rn� APPL/CqT/OrV BY: C/TY OF /YBWPo--T aE,e, /U6•WP4P7' BEt. C E April 27, 1990 Robin Flory Assistant City Attorney City of Newport Beach Office of the City Attorney P. 0. Box 1768 Newport Beach, CA 92659-1168 Re: 3366 and 3336 Via Lido Public Access Dear Ms. Flory: I have reviewed your April 6, 1990, letter and note several errors in the sequence of events pertaining to public access across the Imperial Bank building site (referred to as "Parcel 2" in your April 6, 1990, letter). Be advised that there is no "47 foot boardwalk" bayward of Parcel 2; the fixed boardwalk is considerably shorter than 47 feet and continues down to the floating extension, which continues for the length of Parcel 3, pursuant to the agreement entered into between Imperial Savings, Donald M. Koll and the City of Newport Beach, on May 16, 1974. The "Rhine Wharf Park boardwalk" referred to in the January 28, 1974, staff report refers to that structure which had been constructed bayward of the Shark Island Yacht Club, which is a floating dock structure and provides public access to the Newport Bay. There is absolutely no difference in the construction of the Rhine Wharf Park boardwalk and the boardwalk that extends bayward of Parcels 2 and 3. In order to resolve this dispute, Olen Properties Corp, is willing to provide equal public access to Newport Bay across its Parcel 2, with Parcel 3, as I offered at our lasting meeting regarding this subject. Alternatively, we would either proceed with our pending action for declaratory relief or maintain the status quo, as it now exists. Most cordially,�`�//�f \ DONA S R Attorney at Law DES/em cc: Arthur Nakazato, Esq. 20 Corporate Park, Irvine, California 92714-6047 (714) 863-1163 FAX (714) 756-2165 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 (714)644-3131 April 6, 1990 RECEIVED BY Donald E. Studer, Esq. PLANNING DEPARTMENT General Counsel CITY OF NEWPORT BEACH Olen Properties Corporation 20 Corporate Park APR 9 1990 Irvine, California 92714-6047 AM PM i Re: 3366 and 3336 Via Lido 718191101HI12111213141516y Public Access x Dear Mr. Studer: This letter will follow-up our meeting on March 12, 1990 which was requested by Art Nakisado, attorney for David Schultz, to attempt to resolve a dispute over which of the above -referenced properties are responsible to provide public access to Newport Bay. It is my understanding that Olen Properties believes it is no longer required to provide public access over the Imperial Bank Building site (hereinafter referred to as "Parcel 211) as required by the Agreement entered into between.Imperial Savings, Donald M. Koll and the City of Newport Beach on May 16, 1974 (hereinafter referred to as "Agreement"). In approximately January of 1988, Olen Properties placed fencing around Parcel 2, installed lockable gates and erected signs indicating that the property is private property and no public access is available. Further, on July 1, 1988, Olen Properties recorded a "notice of revocation" pursuant to Civil Code Section 813. In support of its actions, Olen Properties claims that pursuant to Paragraph 9 of the Agreement, once a boardwalk is constructed bayward of Parcel 3, Parcel 2 is no longer obligated to provide public access across its parking lot. Olen Properties contends that the docks which make up part of the public marina (approved as Harbor Permit #124-3400) and which run the length of both Parcel 2 and 3 constitute a "boardwalk" as that term is used in the Agreement and therefore the obligation to provide public access now rests upon the owners of property of Parcel 3. Olen Properties claims that certain language contained in a staff report from the Marine Safety Department, dated January 28, 1974, regarding a proposed revision to Harbor Permit #124-3400, further supports its position. 3300 Newport Boulevard, Newport Beach Donald E. Studer, Esq. Page -2- April 6, 1990 As a newcomer to this controversy, I reviewed the documentation chronologically. Based upon the documentation, it is clear that Olen Properties' position is without documented support and nothing has occurred to eliminate Olen Properties' obligation to provide public access to the boardwalk over Parcel 2. The following summary of the documentation will provide you with the City's position regarding this matter: 1. On December 14, 1972, the Newport Beach Planning Commission approved Use Permit Application No. 1636 for the construction of a parking structure. As a condition to the Use Permit the applicant, Eastman-Koll Company, was required to provide an irrevocable offer to dedicate a public easement adjacent to the bulkhead for the entire 360 feet of bay frontage. 2. On May 29, 1973, Harbor Permit #124-3400 was made by Eastman-Koll to permit the construction of a public marina facility bayward of Via Oporto and Via Lido encompassing bay frontage from 370 feet north of Imperial Savings and Loan, including the entire 340 feet of Imperial Savings and Loan bay frontage, to 130 feet south of Imperial Savings and Loan. As part of the application, plans showed that the docks for the marina would be located immediately adjacent to the bulkhead for the full length of the property. 3. On January 28, 1974, Koll applied for an amendment to Harbor Permit #124-3400 to allow a portion of the "existing docks" to be moved bayward to allow the applicant to build a "pile supported boardwalk bayward of the bulkhead." The request was made because there was not enough room on the land side of the bulkhead to provide the required easement. The amendment only modified the location of the docks for the length of the proposed pile supported boardwalk in order to comply with the conditions imposed by the City Council on May 29, 1973. The January 28, 1974 staff report referenced the Rhine Wharf Park solely to illustrate to the City Council that the request to construct a boardwalk bayward of the bulkhead, as opposed to landward of the bulkhead, had occurred before. The Rhine Wharf Park reference is to that structure which is constructed between The Cannery and Delaney's Restaurant along Lido Park Drive. Observation of this area will show that this is not a floating dock, it is a pile supported boardwalk, constructed bayward of the bulkhead. This amendment to Harbor Permit #124-3400 references only that which was required to be built and that which l Donald E. Studer, Esq. Page -3- April 6, 1990 was in fact built, namely the existing 47, foot boardwalk on pile construction. The floating docks were already approved by the City Council in May, 1973 as docks for the marina. 4. On February 21, 1974, the Planning Commission approved Resubdivision 433 which was a proposal to divide Imperial Savings facilities at 3366 Via Lido into two parcels - Parcel 1 to be purchased by Koll and Parcel 2 to maintain ownership by Imperial Savings. Condition No. 5 provided that prior to recording the parcel map the owner would furnish an Agreement guaranteeing construction of a boardwalk for reasonable public access bayward of Parcel 2. 5. On May 13, 1974, the City Council adopted Resolution *8249 authorizing the execution of the Agreement between the City of Newport Beach, Imperial Savings and Loan Association and Donald M. Koll for boardwalk and, public access in connection with resubdivision No. 433. The Agreement clearly requires a 47' boardwalk to be constructed to provide reasonable public access bayward of a portion of Parcel 2 and that access to the boardwalk would be over the concrete sidewalk via the parking lot located in Parcel 2. The Agreement clearly describes the conditions for access as they existed for at least nine (9) years before Olen Properties restricted access to Parcel 2 in 1988. Further, if the docks were meant to be the "boardwalk" access contemplated by Paragraph 9 of the Agreement. The Agreement would not have been necessary since the docks were already approved to be built prior to the Agreement. There is no mention in the Agreement that the docks would provide the required public access, if this had been the case, there would be no reason to require the 47' of boardwalk and access over Parcel 2. Based upon the above analysis, we see no reason for Olen Properties to continue to restrict access over Parcel 2. Pursuant to the terms of the Agreement, public access is required over Parcel 2 until such time as a boardwalk is constructed bayward of Parcel 3. Currently, no such boardwalk exists. Only floating docks which service the marina facility are present, and were present, or approved before the Agreement was reached. Therefore, Olen Properties is required to reopen public access as required by the Agreement and record appropriate documentation 1 Donald E. Studer, Esq. Page -4- April 6, 1990 to rescind the notice of revocation by June 15, 1990. Failure to do so will require City enforcement by all available legal means. Very truly yours, Robey Assistant City 7ttorney RF/mll cc: Mr. David N. Schultz CPM, President 715 N. Central Avenue Suite 300 Glendale, CA 91203 Arthur Nakazato Kircher & Nakazato 660 Newport Center Drive Suite 750 Newport Beach, CA 92660 Jim Sinasek, Code Enforcement Supervisor Peter Carlson, Assistant Planner MEMORANDUM OFFICE OF THE CITY ATTORNEY -------------------------------------- April 4, 1990 TO: Jim Sinasek, Code Enforcement Supervisor FROM: Robin Flory, Assistant City Attorney RE: Letter to Donald E. Studer, Esq. Regarding 3366 and 3336 Via Lido Attached is a letter to Donald E. Studer, Esq. for Olen Properties. Please review for accuracy and also fill in dates if you know them. Your comments are apprecia I am also returning you / Thank you! Assistant City Attorney RF/mll attachment CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 July 12, 1988 Mr. David Schultz 715 North Central Avenue Suite 300 Glendale, CA 91203 Re: 3336 & 3366 Via Lido Dear Mr. Schultz: JUL131988 . C', �,. NEVYPORr UCACN, CALIF. This is to confirm your telephone conversation with Peter Carlson who is a Code Enforcement Officer with the City's Planning Department. The City has been advised that you will be attending the office conference scheduled for Tuesday, July 19, 1988, at 8:15 a.m. at the City Attorney's Office. The purpose of this meeting is to discuss public access problems over parcels located at 3336 and 3366 Via Lido. The result of this office conference may impact the public access requirements to your 'apartment building. Enclosed, for your reference, is the letter to the other interested persons and a copy of the Resolution of the City Council discussing the public access requirements. Very truly yours, Ij 6CL, Carol A. Korade Assistant City Attorney CAK/mlh cc: Donald M. Koll Tom Levyn, Esquire Donald E. Studer, Esquire Jim Sinasek, Code Enforcement Peter Carlson, Code Enforcement Tony Melum, Tidelands Administrator 3300 Newport Boulevard, Newport Beach LAW OFFICES OF KIRCHER & NA$A.ZATO A PARTNERSHIP OF PROFESSION CORPOMTONS 660 NEWPORT CENTER DRIVE, SUITE 760 NEWPORT BEACB:, CALIFORNIA 92660 TELEPHONE (7141 720-9753 FACSIMILE (714) 720-6752 January 30, 1990 1 LOS ANGELES OFFICE BII WEST SEVENTH STREET, SUITE 1100 LOS ANGELES. CALIFORNIA 90017 TELEPHONE (2131 683077 OUR FILE NUMBER 4013-A Robin Flory, Assistant City Attorney Office of the City Attorney, City of Newport Beach 3300 Newport Boulevard, Box 1768 N Newport Beach, California 92659-1768 ��>1�"' IL'�~� Donald E. Studer, Esq. 20 Corporate Park Cis1' !fie"1'tfY Irvine, California 92714 .�r 6' ^tN. � Re: 3336/3366 Via Lido Dear Robin and Donald: This letter shall confirm that a meeting h s-15een scheduled for Monday, March 12, 1990 in order to discuss, and hopefully agree upon, a mutually acceptable resolution of the pending disputes regarding the above -captioned properties. The meeting will begin at 2:00 p.m. at the Office of the City Attorney for the City of Newport Beach located at 3300 Newport Boulevard, Newport Beach, California. Accordingly, please reserve March 12, 1990 in your appointment books. Thank you very much for you cooperation and courtesy and I look forward to meeting with each of you on March 12. Very truly yours, Arthur Nakaz to AN:gg RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH AMFEB 11990 pM 7181911olU112111213141N6 t'-7 r ffyMCO7 IVID100 OFFICE OF THE CITY ATTORNEY January 20, 1989 TO: Jim Sinasek and Peter Carlson, Planning Department FROM: Carol A. Korade, Assistant City Attorney RE: 3366 Via Lido On January 18, 1989, I received a call from Kim Mills of Gary Cowen's Office. Gary Cowen is the attorney for David Schultz. She informed me that Mr. Cowen intended to promptly commence an action against Olenicoff to resolve the public access question. He stated there would be no need for the City to commence litigation. I will calendar this for three (3) weeks to follow up and will advise you of the commencement of any litigation. Carol A. Ko ade Assistant City Attorney CAK/mll ��Y Rgc81 y P13nni"8 E 0 �� JAN231989 �. NELY �I rY O \^BcACy, CITY OF NEWPORT-A"BtACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Thomas S. Levyn, Esquire Agapay, Levyn & Halling 10801 National Boulevard Suite 400 Los Angeles, CA 90064-4184 (714) 644-3131 November 18, 1988 Gary J. Cohen, Esquire Gipson, Hoffman & Pancione 1888 Century Park East Suite 1777 Los Angeles, CA 90067 Don Studer, Esquire 17991 Cowan Irvine, Ca 92714-6047 Re: 3366 Via Lido, Newport Beach Dear Sirs: As you are aware, the problem at 3366 Via Lido remains unresolved. To my knowledge, there has been no progress and I have not been advised of the status or resolution. Please be advised that if this matter is not completely resolved on or before January 2, 1989, I will have no alternative but to seek authorization from the City Council to commence litigation seeking compliance with the public access requirements. Your prompt attention to this matter is required. Ve 1 truly yours, Carol A. Korade Assistant City Attorney CAK/mll cc: Tony Melum, Marine Department Jim Sinasek, Planning Department Peter Carlson, Planning Department Craig Arthur, City Attorney's Office David Schultz Igor Olenicoff Sydney Buck C. Michael Maher 3300 Newport Boulevard, Newport Beach r. I CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 October 31, 1988 Thomas S. Levyn, Esquire Agapay, Levyn & Halling 10801 National Boulevard Suite 400 Los Angeles, CA 90064-4184 Don Studer, Esquire 17991 Cowan Irvine, CA 92714-6047 Re: 3.366 Via Lido, Newport Beach Dear Sirs: Gary J. Cohen, Esquire Gipson, Hoffman & Pancione 1888 Century Park East Suite 1777 Los Angeles, CA 90067 Attached is a copy of my (still unanswered) letter of October 14, 1988, requesting the status or resolution of the problem. Please contact me at your earliest convenience. Thank you. ry gora yours, • K&ULIOk Assistant City Attorney CAK/mll enclosure cc: Tony Melum, Marine Department Jim Sinasek, Planning Department Peter Carlson, Planning Department Craig Arthur, City Attorney Office David Schultz Igor Olenicoff Sidney Buck C. Michael Maher 3300 Newport Boulevard, Newport Beach 1' It CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 October 14, 1988 Thomas S. Levyn, Esquire Agapay, Levyn & Halling 10801 National Boulevard Suite 400 Los Angeles, CA 90064-4184 Don Studer, Esquire 17991 Cowan Irvine, CA 92714-6047 Re: 3366 Via Lido, Newport Beach Dear Sirs: Gary J. Cohen, Esquire Gipson Hoffman & Pancione 1888 Century Park East Suite 1777 Los Angeles, CA 90067 As you may remember, we met on September 22, 1988, to discuss various options pertaining to the public access problem at 3366 Via Lido. At that meeting, various solutions were proposed and I was advised that the parties would discuss the matter and would advise as to its status. This is the three week follow-up reminder letter. It would be greatly appreciated if I could be advised of the status on this problem. Thank you for your time and attention. Very truly yours, L�blk& Assistant City Attorney CAK/mlh cc: Tony Melum, Marine Department Jim Sinasek, Planning Department Peter Carlson, Planning Department Craig Arthur, City Attorney Office David Schultz Igor Olenicoff Sidney Buck C. Michael Maher 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEA OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 October 14, 1988 Thomas S. Levyn, Esquire Agapay, Levyn & Halling 10801 National Boulevard Suite 400 Los Angeles, CA 90064-4184 Don Studer, Esquire 17991 Cowan Irvine, CA 92714-6047 Re: 3366 Via Lido, Newport Beach Dear Sirs: y' RfC� PFp'; �. FI ck �. Gary J. Cohen, Esquire Gipson Hoffman & Pancione 1888 Century Park East Suite 1777 Los Angeles, CA 90067 As you may remember, we met on September 22, 1988, to discuss various options pertaining to the public access problem at 3366 Via Lido. At that meeting, various solutions were proposed and I was advised that the parties would discuss the matter and would advise as to its status. This is the three week follow-up reminder letter. It would be greatly appreciated if I could be advised of the status on this problem. Thank you for your time and attention. Ve�"/ry� �t'pyruly yours, Cl//arol A: Ko Assistant City Attorney CAK/mlh cc: Tony Melum, Marine Department Jim Sinasek, Planning Department Peter Carlson, Planning Department Craig Arthur, City Attorney Office David Schultz Igor Olenicoff Sidney Buck C. Michael Maher 3300 Newport Boulevard, Newport Beach .k DON AUGUSTINE VINCENT H. CHIEFFO GARY J. COHEN ROBERT E. GIPSON KENNETH L. KRAUS EDWARD S. LABOWITZ DIANNE CAPLAN LEBOVITS BRUCE ST.J LILLISTON GERALD E. LUNN. JR. SCHUYLER M. MOORE PETER R. PANCIONE KENNETH I. SIDLE BRUCE P. VANN CHARLES ANN LAWRENCE R. BARNETT PAMELA J. BARON GREG S. BERNSTEIN JACK BRANDON PATTI C. FELKER G. RAYMOND F. GROSS SCOTT D. HARRINGTON JOHN R. MOHALE RICHARD P. MANSON STEVE ROGERS JANINE A. SMITH SHEILA L. SPARKS ROBERT H. STEINBERG LAW OFFICES GIPSON HOFFMAN & PANCIONE A PROFESSIONAL CORPORATION ISSS CENTURY PARK EAST SUITE 1777 LOS ANGELES, CALIFORNIA 90067 (213) 556-4660 September 2, 1988 Carole A. Korade, Esq. Office of the City Attorney P.O. Box 1768 Newport Beach, California 92658-8915 Dear Ms. Korade: OF COUNSEL RICHARD S. BRAWERMAN' ROBERT BRENNER PETER M. HOFFMAN MARK J. RICHARDSON STEPHEN E. SCHERER ALLEN SHAPIRO TERRY A. TEGNAZIAN •A Pmores SIONLL CORPOM 011 TWK 9104902531 GHSTLAW TELECOPIER (213) 558.8945 OUR FILE NO: RECEIVEC� AI .. C^n, . SEP0Si988 asPP NEW om-@EACH,. 1` CAUr.. David Schultz and I would like to thank you and your staff for taking time to meet with us last Thursday morning. I have reviewed my notes of the meeting, a copy of Olen Properties' letter to Peter Carlson of February 25, 1988, and the other material concerning the denial of public access across the Imperial Savings & Loan property owed by Olen Properties. I was particularly stunned to see the February 25, 1988 letter from Olen Properties to Peter Carlson. The assertions in that letter are so far beyond any comprehensible interpretation of the facts that it is essential that I respond on Mr. Schultz's behalf. The 1974 agreement provides that access is to be maintained across the Imperial parking lot to the concrete sidewalk as long as the concrete sidewalk is available for public use. Furthermore, even if Mr. Olenicoff were to construct a boardwalk bayward of the Imperial Savings & Loan property (which his attorney, Mr. Studer, volunteered to do at a cost of $100,000), this would still not reduce the need for access across the Imperial parking lot as is set forth in Paragraph 8 of the 1974 agreement. Indeed, only at such time as the owner of parcel 3 (currently Mr. Schultz) builds a boardwalk in front of his parcel is the owner of parcel 3 required to provide public access. There is no requirement that the owner of parcel 3 provide bathroom facilities on parcel 3. The operator of the marina provides toilet facilities as required and, after conversations with Peter Carlson and the other individuals involved, we have learned that the toilet facilities are available elsewhere north- west of parcel 2. I'A LAW OFFICES GIPSON HOFFMAN & PANCIONE A PROFESSIONAL CORPORATION September 2, 1988 Carole A. Korade, Esq. Page 2 In the February 25, 1988 letter Mr. Olenicoff asserts that Mr. Schultz has denied .public access.across his property. Mr. Schultz stated that there is no lock on the gate and that access is provided at all times to users of the docks in front of parcel 3. Access through the Schultz property is not intended for the general public and, indeed, there is no easy access from parcel 3 to the concrete sidewalk or the boardwalk at the end of the Imperial Savings property other than by traversing the floating docks. As was pointed out in the meeting, the docks are unsuitable for heavy public use (i.e., they may pitch and roll in rough swells, there are no hand rails, boats are tied up nearby and so forth). At the meeting you said that the City would merely interplead between Mr. Schultz and Olen Properties in an attempt to provide the access required pursuant to the 1974 agreement. However, you also shared with us the City's view that floating docks are not boardwalks. Thus an interpleader action is inappropriate. An interpleader implies that opposing positions are being asserted by claimants to a fund. In this case we only have one claimant, Olen Properties, which has concocted the theory that through the passage of time the floating dock has somehow magically transformed itself into a boardwalk. Olen Properties is in violation of the 1974 agreement with Newport Beach and it is not appropriate that Mr. Schultz be dragged into a fight which he did not start, in which he supports the City's position, and which no one (other than in an untenable claim by Olen Properties) has asserted is Mr. Schultz's problem. I wish to once again set forth Mr. Schultz's desire to cooperate with the City in every way. He is even willing to dedicate a public easement along the northern boundary of his property adjacent to the Imperial Savings & Loan property to provide for public access to either a newly constructed boardwalk or an extension of the concrete sidewalk bayward of the Imperial parcel. While this would be a substantial increase in the burden to which Mr. Schultz's property is put, it would once and for all settle any potential concerns that his neighbors may have regarding access. On behalf of Mr. Schultz I request that the City take whatever action it believes necessary to convince Mr. Olenicoff to live up to the 1974 agreement and re-establish historical access. Should he wish to discuss a way of limiting or controlling the access across his property by providing for the ,P LAW OFFICES GIPSON HOFFMAN & PANCIONE A PROFCSSIONAL CORPORATION September 2, 1988 Carole A. Korade, Esq. Page 3 mutual easements that we discussed Thursday morning, we would be glad to do so. However, for Mr. Schultz to be interpleaded with Olen Properties would be an unfair burden on Mr. Schultz and an abdication of the City's responsibilities. In closing, I remain available to discuss any of these problems with you at any time and to cooperate in every way with the City of Newport Beach in providing public access to the concrete sidewalk and boardwalk at the Imperial Savings property. Mr. Schultz and I look forward to seeing you on September 22, 1988. Thank you for your cooperation. GJC:sus GJC44 cc: David N. Schultz Peter Carlson Tony Melum Jim Sinasek04000" Ronald W. Lyster, Esq. CITY OF NEWPORT BEA,. OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 [h (714) 644-3131 eF Thomas S. Levyn, Esquire Agapay, Levyn & Halling Fourth Street 10801 National Boulevard Los Angeles, CA 90064-4184 Gary J. Cohen, Esquire Gipson, Hoffman & Pencione 1888 Century Park East Suite 1777 Los Angeles, CA 90067 Re: 3366 Via Lido Dear Sirs: August 31, 1988 Don Studer, 17991 Cowan Irvine, CA PJanning AU6311988 ;_, CzL Esquire 92714-6047 A meeting has been rescheduled. The meeting that was scheduled for September 20, 1988, at 10:30 a.m. has been changed to September 22 1988 at 10:30. The meeting will be held in the City Attorney's Office. If you have any questions, please do not hesitate to contact me. Thank you. ry trul yo s, a `. �or Assistant City Attorney CAK/mlh cc: Ton�y Melum, Marine Department ,,,aim Sinasek, Planning Department Peter Carlson, Planning Department Craig Arthur, Law Clerk David Schultz, David N. Schultz, Incorporated Igor Olenicoff, Olen Properties Corporation Sydney Buck, The Koll Company 3300 Newport Boulevard, Newport Beach s, CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Thomas S. Levyn, Esquire Agapay, Levyn & Halling Fourth Street 10801 National Boulevard Los Angeles, CA 90064-4184 Gary J. Cohen, Esquire Gipson, Hoffman & Pencione 1888 Century Park East Suite 1777 Los Angeles, CA 90067 Re: 3366 Via Lido Dear sirs: (714) 644-3131 August 29 1988 Don Studer, 17991 Cowan Irvine, CA Esquire 92714-6047 A meeting has been scheduled for September 20, 1988, at 10:30 a.m. in the City Attorney's Office regarding 3366 Via Lido. If you have any questions, please do not hesitate to contact me. Thank you. V trul rau ,I ' � V�y� Assistant City Attorney CAK/mlh cc: Tony Melum, Marine Department dim Sinasek, Planning Department Peter Carlson, Planning Department David Schultz, David N. Schultz, Incorporated Igor Olenicoff, Olen Properties Corporation Sydney Buck, The Koll Company RECEIVED `C; JC pianmrb Dr•.•tr.,-nt -' p�9�91988 \� NeNpDRi SEA*l8 CsALIF- 3300 Newport Boulevard, Newport Beach r CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 July 12, 1988 Mr. David Schultz 715 North Central Avenue Suite 300 Glendale, CA 91203 Re: 3336 & 3366 Via Lido Dear Mr. Schultz: RECEIVED Plannin; 0-pr�m -. JUL 131988 CU r - NOW-0 :T C`:,ACH C,1LIF This is to confirm your telephone conversation with Peter Carlson who is a Code Enforcement Officer with the City's Planning Department. The City has been advised that you will be attending the office conference scheduled for Tuesday, July 19, 1988, at 8:15 a.m. at the City Attorney's Office. The purpose of this meeting is to discuss public access problems over parcels located at 3336 and 3366 Via Lido. The result of this office conference may impact the public access requirements to your apartment building. Enclosed, for your reference, is the letter to the other interested persons and a copy of. the Resolution of the City Council discussing the public access requirements. Very truly yours, Cj 60� Carol A. Korade Assistant City Attorney CAK/mlh cc: Donald M. Koll Tom Levyn, Esquire Donald E. Studer, Esquire Jim Sinasek, Code Enforcement Peter Carlson, Code Enforcement Tony Melum, Tidelands Administrator 3300 Newport Boulevard, Newport Beach r '^� TO: CITY OF NEWPORT BEA7CRECEIVED' ED 1OFFICE OF THE CITY ATTORNEY P.O. BOX 1768,NEWPORT BEACH, CA 92658-8915t1988, (714) 644-3131 N (�,� ` Donald M. Koll 4343 Von Karmen Newport Beach, CA 92663 Tom Levyn, Esquire Agapay, Levyn & Halling Fourth Street 10801 National Boulevard Los Angeles, CA. 90064-4184 Re: 3336 & 3366 Via Lido Dear Sirs: Donald E. Studer, Esquire Igor M. olenicoff Olen Properties Corporation 17991 Cowan Avenue Irvine, CA 92714-6047 As you are aware, there continues to exist a serious problem pertaining to public access over a portion of Parcel 2 and Parcel 3 at approximately 3336 and 3366 Via Lido, Newport Beach. The following question remains unanswered: Is the construction bayward of Parcel 2 and Parcel 3 considered docks or boardwalk? If the construction is considered boardwalk, then public ingress and egress is required over Parcel 3. If the construction is considered dock (and not a boardwalk), then public ingress and egress must be continually maintained over Parcel 2 until such time as the boardwalk extended bayward of Parcel 3. It is the city's current position that the construction bayward of a portion of Parcel 2 and Parcel 3 must be considered docks. We would like to resolve this without the necessity of litigation. To that end, an office conference has been scheduled for Monday, July 18, 1988, at 3:30 p.m. in the City Attorney's Office. Failure to attend will result in the City filing a lawsuit, based upon available information. V y tr lbyo s, Carol A. Korade, Assistant City Attorney CAK/mlh cc: Jim Sinasek, Code Enforcement Peter Carlson, Code Enforcement Tony Melum, Tidelands Administrator 3300 Newport Boulevard, Newport Beach SUMMONS (C/TAC/ON JUDICIAL) NOTICE TO DEFENDANT: (Aviso a Acusado) Igor M. Olenicotf, Olen Properties Corp., and Does 1-10, inclusive YOU ARE BEING SUED BY PLAINTIFF: (A W. le estd demandando) David N. Schultz and Dona L. Schultz You have 30 CALENDAR DAYS after this sum- mons is served on you to file a typewritten re- sponse at this court. A latter or phone call will not protect you; your typewritten response must be In proper legal form If you want the court to hear your case, If you do not file your response on time, you may lose the case, and your wages, money and pro- perty may be taken without further warning from the court. Thera are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, You may, call an attorney refer- ral service or a legal aid office (listed in the phone book). (5010 r4a ALJO Dr 14 C1111 Despues de que le entreguen esta cilacitin judicial usted tiene un plazo de 30 DIAS CALENDARIOS Para premntar una respuesta escrita a miquitra en esta torte. Una Carta o una Ilarntda felef6nica no le otreceri protecci6nl su respuesta escrita a miquina dene que cumplir con las formalidades legiles apropiadas si usted quiere que la torte escuche su Casa Si usted no presenta su respuesta a tiemQo, puede perder el caso, y le pueden quitarsu salado, su dinm y otras cocas de su proptedad sin aviso adiciona/ por parte de la torte. Existen otros requisitos legales. Puede que usted quiera Hamar a un abogado inmediatamente. S.i no Conte a un abogado, puede Samar a un senicio de refenencia de abogados o a una oficina de ayuda legal (ma el dinectordo tel 6nico). The name and address of the court is: (El nombre y direcci6n de la cone es) SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE 700 Civic Center Drive West P,O. Box 838 Santa Ane, CA 92702-0838 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direcci6n y el numero de telEtono del abogado del demandante, o del demandante que no tiene abogado, es) Vince Chieffo, Gary J. Cohen and Ronald W. Lyster GIPSON HOFFMAN 6 PANCIONE 1888 Century Park East, #1777 Los Angeles, California 90067 �:... Kfil.F�. DATE: rJ. i i�tr L, r :r1NVILLE Clerk, by Deputy (hcha) (Acruarlo) IDelegado) NOTICE TO THE PERSON SERVED: You are served 1. Q as an individual defendant. 2. Q as the person sued under the fictitious name of tspeciry/: 3. = on behalf of (specify): under: CCP 416.10 (corporation) (��— CCP 416.60 (minor) CCP 416,20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (association or partnership) a CCP 416.90 (individual) [] other: 4. Q by personal delivery on (date): roan Adopted by Auk 982 hd,clal council of cildornu 9121811911Asv January 1, 198 (Sae reverse for Roof of Service) � � r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GIPSON, HOFFMAN i PANCIONE A Professional Corporation Gary J. Cohen, Esq. Ronald W. Lyster, Esq. 1888 Century Park East, Suite 1777 Los Angeles, California 90067 (213) 556-4660 Attorneys for Plaintiffs David N. Schultz and Dona L. Schultz s10M tow cv N_I SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE David N. Schultz and ) Dona L. Schultz, ) Plaintiffs, ) V. ) Igor M. Olenicoff, Olen) Properties Corp., and Does 1-) 10, inclusive, ) Defendants. ) CASE NO. 583192 COMPLAINT FOR RELIEF; SLANDER PUBLICATION OF FALSEHOOD For causes of action, Plaintiffs allege as follows: DECLARATORY OF TITLE; INJURIOUS ALLEGATIONS COMMON TO ALL CAUSES OF ACTION 1. Plaintiffs, David N. Schultz and Dona L. Schultz ("Plaintiffs") are the owners of that real property commonly known as 3336 Via Lido, Newport Beach, California, and more particularly iescribed as set forth in Exhibit "A" (to which real property :eference may be made in this Complaint either as "3336 Via Lido" )r as "Parcel 311). 041A71 1 or as "Parcel 311). Parcel 3 is improved with an apartment building 2 which is occupied by residential tenants. 3 4 2. Plaintiffs are informed and believe and based upon such 5 information and belief allege ("allege on information and belief") 6 that Igor M. Olenicoff ("Olenicoff") and Does 1-5, inclusive, are 7 the owners of that real property commonly known as 3366 Via Lido, 8 Newport Beach, California, and more particularly described in 9 Exhibit "B" (to which real property reference may be made in this 10 Complaint either as "3366 Via Lido" or as "Parcel 211). Plaintiffs 11 allege on information and belief that Parcel 2 is currently used by 12 OlenicoffIs tenant, Imperial Savings and Loan Association 13 ("Imperial"), for its branch office. Parcel 2 is adjacent and north 14 of Parcel 3. 15 16 3. Plaintiffs allege on information and belief that Olen 17 Properties Corp. ("Olen") is a corporation organized and existing 18 under and by virtue of the laws of the State of California, and has 19 its principal place of business in orange County, California. 20 21 4. Plaintiffs allege on information and belief that olenicoff 22 is an individual residing in orange County, California. 23 24 5. Attached hereto marked Exhibit "C" is a true and correct 25 copy of Resolution number 8249 adopted May 13, 1974, by the City of 26 Newport Beach. Plaintiffs request that the Court take judicial 27 notice of Resolution number 8249. 28 Y 041A71 -2- u 1 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. Attached hereto marked Exhibit "D" is an agreement recorded in the official records of orange County, California on May 21, 1974, in Book 11149, Page 1451 ("Agreement"), which Agreement is that described and approved by the City of Newport Beach on May 13, 2974, pursuant to Resolution number 8249. The Court is requested to take judicial notice of the Agreement. 7. The Agreement and every covenant and condition contained therein is binding upon and inures to the benefit of the heirs, personal representatives, successors and assigns of the parties to the Agreement. 8. Donald M. Koll ("Koll"), an individual identified in the Agreement, is the Plaintiffs, predecessor in interest to Parcel 3 (the apartment building at 3336 Via Lido). 9. Plaintiffs allege on information and belief that Imperial, a business entity identified in the Agreement, is the predecessor in interest to Olenicoff and Does 1-5, inclusive, to Parcel 2. 10. Plaintiffs are ignorant of the true names and capacities Df Defendants Does 1-10 inclusive, and therefore sues said Defendants by such fictitious names. Plaintiffs allege on [nformation and belief that Does 1-5, inclusive, are co -owners with Uenicoff of Parcel 2. Plaintiffs allege on information and belief .hat Defendants Does 6-10, inclusive, are the agents of each 'emaining Defendant, and that said Defendants Does 6-10 inclusive, 041A71 -3- Y 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (were, at all times• mentioned herein, acting within the course and scope of said agency. FIRST CAUSE OF ACTION (Declaratory Relief Against Defendants Olenicoff, Olen, and Does 1-5, Inclusive) II. Plaintiffs refer to paragraphs 1 through 10, inclusive, of this Complaint and incorporate the same herein by this reference. 12. The Agreement has neither been terminated nor rescinded and is currently valid -and enforceable. 13. The parcel of real property described as "parcel 2" in the Agreement is 3366 Via Lido, also described as Parcel 2 herein. 14. The parcel of real property described as "parcel 3" in the Agreement is 3336 Via Lido, also described as Parcel 3 herein. 15. Paragraph 1 of the Agreement provides as follows: "1. A boardwalk for reasonable public access bayward of a portion of Parcel 2 ("the boardwalk"), extending forty-seven (47) feet southeasterly of Parcel 1 shall be constructed by Koll at no expense to Imperial. The public access referred to herein is pedestrian access." 041A71 -4- 1 2 3 4 5 6 7 8 16. Paragraph 2 of the Agreement provides as follows: 112. Said boardwalk shall be so constructed as to provide a southeasterly extension of the boardwalk proposed for construction by Koll bayward of Parcel 1 and shall be completed within one year following the recordation of the Parcel Map of the Resubdivision. (See plot plan attached hereto as Exhibit "A-1")." 9 10 17. The boardwalk for reasonable public, access referenced at 11 paragraphs 1 and 2 of the Agreement, extending 47 feet southeasterly 12 of Parcel 1 (as described in the Agreement), has been constructed 13 as provided in the Agreement. 14 15 18. Paragraph 3 of the Agreement provides as follows: 16 "3. Imperial shall allow public access to the 17 boardwalk over a portion of the concrete sidewalk 18 located bayward of the two-story building on Parcel 19 2. Imperial shall allow access to the concrete 20 sidewalk over the parking lot located on Parcel 2. 21 Access from the concrete sidewalk to the boardwalk 22 shall be constructed by Koll at no expense to 23 Imperial." 24 25 19. The access from the concrete sidewalk over the parking lot 26 to the boardwalk, as provided in paragraph 3 of the Agreement, and 27 all other avenues of public access across Parcel 2 have been 28 blocked. Plaintiffs allege on information and belief that public 041A71 -5- I access across Parcel 2 has been blocked by Defendants Olen, 2 Olenicoff, and Does 1-5, inclusive. 3 4 20. Paragraph 4 of the Agreement provides as follows: 5 "4. If the concrete sidewalk is ever utilized by 6, Imperial, or its successor -in -interest, to expand the 7 two-story building now located on Parcel 2 or to 8 construct another building in its place, the rights 9 of the public to access to the boardwalk across the 10 concrete sidewalk shall terminate." li 12 21. The two-story building which is described in paragraph 4 13 of the Agreement has not been expanded, nor has another building 14 been constructed in the place of said building since the date of the 15 Agreement. 16 17 22. No notice of revocation of the California Civil Code 18 Section 813 Notice has been recorded in the office of the Recorder 19 of Orange -County, as provided in paragraphs 5, 7, and/or 10 of the 20 Agreement. Plaintiffs allege on information and belief that no 21 Section 813 Notice (as described in paragraph 5 of the Agreement) 22 has been mailed to either the City of Newport Beach or to Koll 23 pursuant to paragraphs 5, 7, and/or 10 of the Agreement. 24 25 23. A controversy currently exists between Plaintiffs and 26 Defendants Olenicoff and Does 1-58 inclusive. Plaintiffs allege on 27 information and belief that said Defendants contend that a 28 "boardwalk" currently exists bayward Parcel 3; and that therefore, 041A71 -6- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in accordance with Defendants' interpretation of paragraph 9 of the Agreement, Plaintiffs must, as a successor -in -interest to Roll, provide public access over parcel 3. 24. Plaintiffs dispute said -Defendants, contentions, and allege that no "boardwalk" exists bayward of Parcel 3, and that therefore Plaintiffs have no responsibility to allow public access over parcel 3. Accordingly, Plaintiffs further contend that said Defendants are required to continue to provide public access over Parcel 2 (3366 Via Lido, Newport Beach, California), and to remove the blockage of such public access across Parcel 2. 25. Plaintiffs desire a declaration of their respective rights and duties and those of Defendants Olenicoff and Does 1-5, inclusive, with respect to public access over parcels 2 and 3. 26. A judicial declaration of the parties' respective rights and duties is appropriate at this time. SECOND CAUSE OF ACTION (Mandatory Permanent Injunction Against Defendents Olenicoff, Olen, and Does 1-5, Inclusive) 27. Plaintiffs refer to paragraphs 1 through 10, inclusive, and to paragraphs 12 through 22, inclusive, of this Complaint and Incorporate the same herein by this reference. 041A71 -7- 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 28. No adequate remedy exists at law for the matters alleged herein, and Plaintiffs will suffer great and irreparable injury unless the Defendants, and each of them, are enjoined as hereinafter set forth. 29. Plaintiffs are entitled to a mandatory permanent injunction ordering Defendants, and each of them, to maintain public access across Parcel 2 and to remove the current blockage to such Public access. THIRD CAUSE OF ACTION (Slander of Title Against Defendants Olen, Olenicoff, and Does 6-10, Inclusive) 30. Plaintiffs refer to paragraphs 1-lo, inclusive, and paragraph 19 of this Complaint and incorporate the same herein by this reference. 31. On or about February 25, 1988, Olenicoff, on behalf of himself, Olen, and Does 6-10 inclusive, sent a letter (the "Olenicoff Letter"), a true and correct copy of which is attached hereto marked Exhibit "E", to Mr. Peter Carlson, Assistant Code Enforcement Officer of the City of Newport Beach. 32. The letter attached hereto as Exhibit "E" disparages �laintiffsl title to 3336 Via Lido. 041A71 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 33. The following statements made in the Olenicoff Letter are among the statements made in the Olenicoff Letter which are false and were false at the time they were made: A. A 'boardwalk" has been built bayward of 3366 Via Lido, Newport Beach, California (Parcel 2). B. The Agreement did not intend to provide public access through the Defendants' property (Parcel 2). C. The intent of the Agreement has always been that public access would be through the property owned by Plaintiffs (Parcel 3). D. That the City should enforce public access through Plaintiffs' property (Parcel 3). 34. Defendants have subsequently reiterated the aforesaid false statements described in paragraph 33 before Carol Korade, Assistant City Attorney for the City of Newport Beach. Plaintiffs allege on information and belief that subsequent to February 25, 1988, Defendants have reiterated some or all of the aforesaid false statements described in paragraph 33 to others. 35. The aforesaid false and disparaging statements described in paragraphs 33 and 34 were made without privilege. 36. The aforesaid false and disparaging statements described to paragraphs 33 and 34 were made by the Defendants with the intent .o harm Plaintiffs. 041A71 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 37. By reason of the Defendants' aforesaid false and disparaging statements described in paragraphs 33 and 34, and the Defendants' blockage of public access over Parcel 2 (as alleged at paragraph 19 0£ this Complaint), the City of Newport Beach has made demands upon Defendants and Plaintiffs that the public be allowed access over Parcel 2 or over Parcel 3. 38. By reason of the foregoing, a cloud has been placed over the Plaintiffs' title to Parcel 3 and Plaintiffs have encountered extreme difficulty and monetary damages in their attempt to sell Parcel 3. Plaintiffs allege on information and belief that Olen, Olenicoff, and Does 6-10, inclusive, and each of them, are aware of the fact that Plaintiffs are attempting to sell Parcel 3 and that Plaintiffs' have encountered extreme difficulty in doing so by reason of the cloud which has been placed over Plaintiffs' title to Parcel 3. 39. Plaintiffs have sustained damages by reason of the foregoing in an amount to be determined at time of trial but within the jurisdiction of the Superior Court. 40. Defendants actions were undertaken willfully and with the malicious intent to cause harm to Plaintiffs, and Plaintiffs are entitled to an award of punitive damages in the sum of $500,000. 041A71 -10- I FOURTH CAUSE OF ACTION 2 (Publication of Injurious Falsehood Against Defendants 3 Olen, Olenicoff, and Does 6-10, Inclusive) 4 41. Plaintiffs refer to paragraphs 1 through 10, inclusive, 5 paragraph 19 and paragraphs 31 through 40, inclusive, of this 6 Complaint and incorporate the same herein by this reference. 7 8 42. The false and disparaging statements made by Defendants 9 (described in paragraphs 33 and 34) were harmful to the interests 10 of Plaintiffs. 11 12 43. Plaintiffs allege on information and belief that at the 13 time the Defendants made the aforesaid false and disparaging 14 statements, Defendants and each of them recognized that it was 15 likely that these statements would, and did, result in pecuniary 16 loss to Plaintiffs. 17 18 44. Plaintiffs allege on information and' belief that at the 19 time the aforesaid false and disparaging statements were made, 20 Defendants knew that such statements were false. 21 22 45. By reason of the foregoing, Plaintiffs have sustained 23 damages in a sum to be determined at time of trial within the 24 jurisdiction of the Superior Court. 25 26 46. Defendants I actions were undertaken willfully and with the 27 malicious intent to cause harm to Plaintiffs, and Plaintiffs are 28 entitled to an award of punitive damages in the sum of $500,000. 041A71 -11- 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, Plaintiffs pray judgment as follows: 1. For a declaration that Plaintiffs are not required to provide public access across their property at 3336 Via Lido, Newport Beach, California (Parcel 3), and that such public access must be provided by Defendants Olenicoff and Does 1-51 inclusive across Defendants' property at 3366 Via Lido, Newport Beach, California (Parcel 2). 2. For a permanent mandatory injunction to enforce public access across Defendants' property at 3366 Via Lido, Newport Beach, California, as provided in the Agreement. 3. For damages in a sum to be determined at time of trial within the jurisdiction of the Superior Court. 4. For punitive damages in the sum of $500,000. 5. For costs of suit herein incurred. 6. For such other and further relief as the Court deems proper. Date: a P ry J C hen, Esq. for PSON;H FFMAN i PANCIONE 041A71 -12- The Northwesterly 25.00 feet of Lot 4 and all of hots 5, 6 and 7 except the Northwesterly 20.00 feet of Lot 7 of Tract No. 2622. Exhibit "A" Parcel 2, 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 "B" February 25, 2988 Mr. Peter Carlson Asst. Code Enforcement Officer City of Newport Beach P. 0. Box 1768 Newport Beach, Ca. 92658-8915 SUBJECT PROPERTY: 3366 via Lido, Newport Beach, Ca. Dear Mr. Carlson: We are in receipt of your letter sent to Ms. Lynn Jaxon of Imperial Savings, our tenants on the above -referenced property, a copy of which is attached for your ease of reference. We have been aware of the "reasonable public access" condition as approved by the City of Newport Beach in ccnjunetion with the development of the Lido village Marina. After having our counsel again carefully review the language, ve_dc not believe that we are in any way in violation of those conditions. Specifically, the City adopted a resolution requiring that a public accessible boardwalk be built bayward of our parcel. That, in fact, has been done and is in existence. This condition did not imply or intend The to provide public access, to that boardwalk through our property. Would be intent thr ugh thehas pr pertythat theublic Southaccess no north Ofthat our parcel. Specifically, the apartment project to the south of our parcel. the access point to the tenants. and boardwalk, and furthermore, Provided the required restrooms for the use of the marina tenants. When that property owner chose to close off the public access through his' property by construction of a gate, this forced all of the public access previously stated, thto the marina through our pro. As is was not the intent and we toleratedy public access minimal through our property, but found that after the required public access to the adjacent property was closed off, we could not, and had no requirement to, allow a access being through our property. ll of the public The Marina operators have allowed their slip tenants to park in Parking lot, dump marina trash into our trash bins, and our parking lot, load and unload food, beveragea, and gear from our hold public Parties on the land bayward of our building adjacent to the public boardwalk. Our inabilitythe limited control publ c this acctype of activity caused access we were willing to tolerate previously. The public access, and more specifically, the VQ91 Co, -van, Irvine, Colifornia g2714-b 47(:14) 863-1163- Mr. Pater Carlson Page 2 abuse of our parking our tenants' facilities by marina tenants, has disrupted use of the premises which they lease from us. Z would suggest, that the City enforce the Public access through the Lido Marina Village and the adjacent apartment project complex adjacent to our property where a was always intended and required by City ordinance. . Furthermore, ve believe that the restroom facilities which were planned and constructed a one time in the .apartment complex be reopened for lack of restroom facilities for marina tenants has sfurther ucaused unnecessary problems for us. I have personally parking lot being used tenants of the marina. for restroom facilities witnessed our by quests and Without creating an ongoing obligation, we would be happy to discuss providing limited public access through our property for pedestrian use if the Lido Marina security guard, or other means of keepiVillage operators placed a ng out unauthorized vehicles and curtailed the use of our parking lot facilities by marina tenants. Barring such assurances, we cannot alloy our rights to non -gquiet enjoyment of our property to be disrupted by unauthorized and - eneral public use of our property. We would be happy to meet with all related parties to see if a resolution of this matter can be achieved. Sincerely yours, OLEt(NIROPAIZIRTZORP. I9or"!Sl Ole nicoff President IMO:dr Encl. 1 C—Yo"�, "r ,47 6—J1 gen.#wJ1( na.'�vl.V1101; NO. 8249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTIM, OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH, IMPERIAL SAVINGS & LOAN ASSOCIATION, AND DONALD M. KOLL. FOR BOARDWALK AND PUBLIC ACCESS IN CONNECTION WITH RESUBDIVISION NO. 433 WHEREAS, there has been presented to the City Council of the City of Newport Bear_i a certain agreement between the City of, Newport Beach, Imperial Savings iI Loan Association, and Donald M. Koli, for boardwalk and public access in connection with Resubdivision No. 433;• and WHEREAS, the City Council has considered the terms and conditions of said 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 access agreement above described is approved, and the Mayor and City Clerk are hereby authorised and directed to execute the same on behalf of the City of Newport Basch. ADOPTED this 13th day of May, 1074. I ATTEST: I� • City Clerk ►Ij',�� 'Ct, Ti7, 1 A9 RM C'JGINAI 6iA1' iId CER1 AS A E � CO►t cm eta a r,u ear a wtwroet I 5/10/74 1 /t trAIVZA U:, cryr, C.•3 3:f::CC�i -u4ACH 1461 t14$ m 6 J ... � pV OF77GAL FREE 1' o%o�GE cW"'. C.0 C8 B*5 n"4• MAY 21 X74 AGREEt+.ENT /.Mr1JEtMl►q[ Ccu1 4 6c:otdu This Agreement is made and effective this & day of�111. , 1974, between I1LPERIAL SAVINGS AND LOAN ASSOCIATIO,,"mperial")DONALD " ;C. % and the ITY OF NEWPORT BEAC8 ("ti2ie'City") with reference to the fol- : ,•: lowing facts: Imperial is the . ,•:•� • •;� " :,;,,,::....• ..Imperial owner of that certain real ., • • :. property i.described'in Exhibits • �•- A ("Parcel 10) and "8" ("Parcel 20) at -hereto and by this reference made a part hereof. • ' ' � . ':=, -.' •`••�.8 • 'Koll is the o • caner of that certain real property des- cribed in Exhibit'"C" ("Parcel`3") attached hereto and by this reference made a part hereof. Co Imperial has agreed to sell Parcel 1 to xoll pursuant to an Agreement of Purchase and Sale of Real Property between ~ Imperial and Koll. D. The Planning.Commission of the City has approved a Resubdivision ,(Resubdivision No. 433) allowing the sale of the property to Koll on condition that prior to the recording Of a Parcel Hap, Imperial shall furnish the City with an agree- ment satisfactory to the.Director of Community Development and the City Attorney guaranteeing the construction of a boardwalk for reasonable public access bayward of a portion of Parcel 2. THEREFORE, the parties hereto agree as follows: .1- et 1 T 149K ! 4,z i 1. .A boardwalk for reasonable public access bayward of a potion of Parcel 2 ("the boardwalk"), extending forty-seven (47) feet southeasterly of Parcel 1 shall be constructed by Koll at no expense to.Imperial. The public access referred to herein is pedestrian access. r;� ": •,' 2. 'Said boardwalk shall be so constructed as to .M a southeasterly extension of the boardwalk Provide proposed or construc- °�'' by .!Coll ba and ro sed f Yw of -Parcel 1 and shall be completed within one .... year following the recordation of the Parcel Kap of the Resub- .0 ;;division. (See plot 1 P an -attached hereto as Exhibit r ., . •: ,' r?r : Ynspetial shall allow public access to the boardwalk r :over a portion of the concrete sidewalk located baywarQ of the g on 2 ..two-story building Parcel . • Imperial shall allow access to the concrete sidewalk over the parking lot located on Parcel 2. Access from the concrete sidewalk to the boardwalk shall be con- structed by Koll at no expense to Imperial. :•: �. If the -concrete sidewalk is ever utilized by Imperial, Or its successor -in -interest, to expand the two-story building now located on Parcel 2 or to construct the building in its place, the rights of the public to access to the boardwalk across the concrete sidewalk shall terminate. 5. This Agreement shall be recorded in the Office of the Recorder of orange County, together'with the following notice specified in 5813 of the California Civil Code: -2- 49pz 1453 ,;The right of the public or any person to•make any use whatsoever of the above described land or any por- tion thereof (other than any use expressly allowed by I written or recorded map, agreement, deed or dedication) is by permission,•and subject to control, of owner: Section 813, Civil Code." Upon commencement of any expansion or construction on the area now utilized as a concrete sidewalk, a notice of revocation of the S813 notice shall be recorded b • y Imperial in the Office of the Recorder :of Orange County, A copy of such notice shall be mailed 1M1:; .by �mPerial to the City Attorney of Newport Beach and to troll. :.. The aotice of revocation shall state that the rights of the public to:bccess over the concrete sidewalk are terminated but that the :rights of the public to accesstothe extended boardwalk over .the parking lot located on Parcel 2 shall continue as provided in this Agreement. 6- In the event of such termination, Roll agrees to con_ . struct an extended boardwalk southeasterly of the boardwalk bayward Of Parcel 2 as may be required by the City. Construction of such extended boardwalk is not a condition precedent to the termination of the right of public access across the'concrete sidewalk. 7- The rights of the public to access over the concrete sidewalk shall be terminated upon construction of a boardwalk extending southeasterly of the presently proposed boardwalk bayward Of Parcel 2, whether or not the concrete sidewalk still exists. If such a boardwalk is ever constructed by Imperial, Roll or any .3- �C '149►,,1454 othez person or entity,•then Imper_ial'may record•a notice of re- vocation as provided in Section 5 hereof And •the right of public access over the concrete sidewalk shall immediately terminate. u j A copy of such notice shall be mailed by Imperial to the City Attorney of Newport Beach and to Koll. - 8- Upon construction of an extended boardwalk southeasterly of the boardwalk to be constructed bayward of Parcel 2 Imperial shall allow public access to the boardwalk over the parking lot ='r located on Parcel 2. Access from the ,•',••:,. •,:•;, parking lot on Parcel 2 to the extended boardwalk shall be constructed by Koll at no expense to Imperial.''The location of such access shall be de- signated by Imperial. boardwalk bayward of Parcel 3, Koll covenants and agrees to allow public access to -such boardwalk over Parcel 3. Koll's agreement to allow public access over Parcel 3 to any boardwalk constructed bayward of Parcel 3 is a covenant made expressly for the benefit of Parcel 2 and is intended by Koll and Imperial to be a covenant running with both Parcel 2 and Parcel 3 as provided in Civil code* Section 1468. Said covenant effects the use of Parcel 2 and is expressly made binding upon successive owners of Parcel 3 for the benefit of Parcel 2. 10. Upon construction of -a boardwalk bayward of Parcel 3, Imperial may record a notice of revocation of the 5813 notice, Provided for in Section 5 hereof, in the Office of the County Recorder of Orange County and sail a copy of such notice to the -4- SKI 1 t�grc 1 a ,5 City Atiorney•of Newport Beach and Koll: Said notice shall state that all rights of the p'U*Dlic to access over the parking lot on Parcel 2 and all public access across Parcel 2 provided under the terms of this Agreement is terminated. 11- Nothing contained herein shall be construed as an express or implied dedication of any rights to the boardwalk or of any easement or access rights, or any other rights over the ;property 'of Imperial or.Koll, to the public and no common law dedication of access or easement rights, or any other rights ;over the property. of Imperial or Koll or over the board- walk shall arise by virtue of the terms of this Agreement. 12. Nothing contained herein shall be construed.as:an express or implied grant or dedication of any right of the public to park vehicles in the parking lot located on Parcel 2. Parking privileges in that lot shall continue to be reserved for invitees of Imperial or its successor -in -interest. 13. Imperial may take such reasonable safety and security measures as it deems necessary to protect its business or property including restricting public access to portions of Parcel 2: provided, however, that the public shall Act there- by be denied reasonable access to the boardwalk as long as this Agreement is in effect. 14. Koll is presently leasing from Imperial the property bayward of Parcel 2. Therefore the boardwalks and any extension thereof, bayward of Parcel 2 shall be maintained and repaired by Koll. -5- ec! 1 1,49n145S 15. 'This Agreement is to b• :,: — e executed by the,C'tY Pursuant to a duly adopted resolution oMayor of the f the City Council Of Newport Beach. 16. This Agreement and every covenant and condition con- tained herein shall be binding upon and shall inure to the benefit p,> parties hereto, their heirs, personal representatives, successors or '`"°'' assigns. 17• The parties hereto may '` • `' ' ' '•'�" y seek injunctive junctive or other appro_ relief to *' "* • •: �, l8. In the ,force the terms of .this Agreement. event that'anY party hereto shall institute an '•' legal action or proceeding Against the y of the other's failure other party on account - dr iefusal to perform or fulfill an Of the terms of this Agreement on his Y or fulfilled agreed tor its Part to be Performed eeding•the p then it is that in any such action or pro- crevailiri g Party shall be entitled to its reasonable costs therein and such further , attorne s' and additional sum as and for its Y fees as the court in such action or proceeding clay adjudge to be reasonable. 190 Whenever possible, each shall Provision of this Agreement be interpreted in such manner as to be valid under appli- cable law, but, if any provision of this Agreement shall be deemed invalid or prohibited thereunder, such provision shall be ineffective to the extent of such which shall not invalidate the remainder of Prohibitionandd invalidating � Provision or the remainin q provisions of this Agreement. .6- STATE OF CALIFORNIA rntlu-.• OF—Sar ;C� "S5. itOn Inr•LP 19 1074 1 4RR4 Wore me. the rndenitned. • Aobq PrLhe in and br said GuOry and Surc. Pentonolit aPPeared HWLA H. Ho.GthudEM known to one to be the naa¢ H. Huoh¢e Pnoidmt ana G AA . I known is one le IK Samoa or eke ev"nalion that atesled the wuhin Inuramen4 known 10 Me Is be the persons who aerated the wuhin In,trament M behalf of the ce porslrsn therein ecute the aekno•ledted u ane that weh arpontion aasevted the within blot dieselm. e". Wnssnt u 1y bf.yws or a resolution of it$ board of _ 11 Natarr tailie L, and be saw Cwnq at d State St 1 t -191C 1458 rum nOTARY SLAL OR STAMP --------------- O:frtC14 ;Ewl Orf:Gr la so Woo muntv 4fr CommlttH Er -wet Ito. IS. 1917 palieidasq I STATE OF CALIFORNIA O MUNTY OF ORIWCE SS. ! 0a ADtil 30 1g7� !} &064i+rswUr apwtd DONALD H OLL wadani�nad, a Natsy I•nuie ka aM IM rid 1 to 4 l4 pursues �� orhon rn,e it known o0 are a soa the � � jam 1I and ohm, sekMwMlktaiksd I Mdid he I 1 of hand and aisial rsr. Orflew MAL OI7MY P J. HARTFORD I 4Nl ;�, _ IID7ASY /V:N.Kr.Y.t10lIst �A.rep/K CWr= tN OWtNE A. NARTFORO ON"= s'O�TM hb Cwtn+ission Expires April E9, IM Nnr ETppd w hWe11 fresh no, ow •arar o•tr4,.w 0 February 2, 1989 Gary J. Cohen Gipson Hoffman a Pancione 1888 Ce -1fr­y\iPCaark East, Suite 1777 Los An ales, rtfoms�ia 90067 Re: Via Lido Public pOcess Dear Mr Cohen: / Thank you for your January 30, 1989 letter. Q `' ✓Ec Et'� ED Ct1t i�1' 31g8 ' CL�,©SY OF Ne�N�'rea aen�� I am unaware of any "lack of cooperation" with you, your client, or the City of Newport Beach, by anyone. In fact, in my opinion, all parties have seriously tried to find a resolution to the problems created by your client's unilateral termination of public access across his property. My client most certainly would "immediately" withdraw an "spurious, disparaging, and libelous claims and demands against Mr. Schultz and his property", if you would be so kind as to identify any such false claims or demands. To the extent that there is a "dispute", in so far as Olen is with he seeksrt destablishspublic saccess tacross yOlen'sof wproperport each, which and not you or your client. Most cordially, DONALD E. STUDER Attorney at Law DES:em cc: Igor Olenicoff Carol Korade, Esq. Thomas Levyn, Esq. (flrpnnin D ua-i�MK .i FE80'g79es � F c, 17991 Cowan, Irvine, California 92714-6047 (714) 863-1163 DON AUGUSTINE VINCENT H. CHIEFFO GARY J. COHEN ROBERT E. GIPSON KENNETH L. KRAUS COWARD S. LABOWITZ DIANNE CAPLAN LEBOVITS BRUCE StJ LILLISTON GERALR. ICIER 1 E. NCIO C PETER R. PAN CIO NE r ETR. SIDLE J' BRU V BRUCE P. ANN 1. CHARLES AHN 1 -" LAWRENCE R. BARNETTT PAMELA J. BARON • —1 GREG S. BERNSTEIN_vl JACK BRANDON — G.'RAYI, F. GROSS SCORT 'ONO RINGTOf1 RONALD W. LYSTER 'I JOHN R. MCH ALE STEVE ROGERS MARK S. ROBENBERG JANINE A. SMITH SHEILA L. SPARKS ROBERT H. STEINBERG LAW OFFICES GIPSON HOFFMAN Bc PANCIONE A PROFESSIONAL CORPORATION 1888 CENTURY PARK EAST SUITE 1777 LOS ANGELES, CALIFORNIA 900(37 %'\ 12131 556-4660 -tit FIEBU 8 ]989 AW "^SaIA'fM'ff�Tl(�i�n ry 30, 1989 Donald E. Studer, Esq. 17991 Cowan Irvine, California 92714-6047 \ 11ECEIVED c11 Y ATTURttrr HES 0 21989 +� city OF of COUNSEL RICHARD S. BRAWERMAN' PETER M. HOFFMAN MARK J. RICHARD50N MICHAEL O. ROTENBERG STEPHEN E. SCHERER ALLEN SHAPIRO STEPHEN L. 50LOMON TERRY A. TEGNAZIAN P PR0IC901ONA6 CORVONALION TW% 9104902531 GHSTLAW TELECOPIER (2131 556-694S OUR FILE NO: S89.3.1 Re: Olen Properties Corp.; 3366 Via Lido, Newport Beach Dear Mr. Studer: I last wrote you on September 21 1988 with respect to the public access problem at 3366 Via Lido, Newport Beach, California. As you will recall, your September 6, 1988 response to my letter was simply: "Your letter of September 21 1988 has been received. I refuse to engage in a letter writing war and will simply observe that all of your comments, observations and accusations are rejected." On September 22, 1988, you, I, Thomas S. Levyn, Esq. and Carol A. Korade met at Ms. Korade's offices to discuss this issue.. At this meeting, various solutions were proposed and we agreed to discuss the matter and advise Ms. Korade of the status. In spite of Ms. Korade's repeated reminders to all of us, the matter has not been resolved and the City of Newport Beach has threatened to bring suit to have the access your client blocked restored to the public. As your client knows, Mr. Schultz wishes to sell his property adjacent to your client's. The false accusations made by your client in his letter of February 25, 1988, at meetings with the Newport Beach City Attorney and your continued lack of '^ LAW OFFICES GIPSON HOFFMAN 8c PANCIONE A PROFESSIONAL CORPORA710H Donald E. Studer, Esq. January 30, 1989 Page 2 cooperation with us and with the City of Newport Beach have made �t impossible for Mr. Schultz to obtain a fair price for his property. Under these circumstances, we have no choice but to seek redress in a court of law. Please be advised that unless your client immediately withdraws his spurious,'disparaging, and libelous claims and demands against Mr. Schultz and his property, and restores the public access he has denied, we will file suit for a declaration of rights and for redress of all damages sustained by our client including (but not limited to) the diminution in value of his property, damages sustained as a consequence of the loss of the sale of his property, attorneys fees incurred in connection with his efforts to clear the title to his property, and exemplary damages. Please give this matter your immediate attention. Suit will be filed if we don't hear from you within the next ten (10) days. RWL/lk cc: David Schultz Carol Korade, Esq. Thomas Levyn, Esq. Igor Olenicoff r_ OFFICE OF THE CITY ATTORNEY January 20, 1989 TO: Jim Sinasek and Peter Carlson, Planning Department FROM: Carol A. Korade, Assistant City Attorney RE: 3366 Via Lido On January 18, 1989, I received a call from Kim Mills of Gary Cowen's Office. Gary Cowen is the attorney for David Schultz. She informed me that Mr. Cowen intended to promptly commence an action against Olenicoff to resolve the public access question. He stated there would be no need for the City to commence litigation. I will calendar this for three (3) weeks to follow up and will advise you of the commencement of any litigation. Carol A. UadaeA2= Assistant City Attorney_ CAK/mll i RECEIVED Plnnronu .. JAN231989 a. CITY u. NEWPORTk ACK 4 CALIF. �y FEB Nfi rr i February 25; 1988 Mr. Peter Carlson Asst. Code Enforcement Officer City of Newport Beach P. O. Box 1768 Newport Beach, Ca. 92658-8915 SUBJECT PROPERTY: 3366 Via Lido, Newport Beach, Ca. : Dear Mr. Carlson: We are in receipt of your letter sent to Ms. Lynn Jaxon of Imperial Savings, our tenants on the above -referenced property, a copy of which is attached for your ease of reference. We have been aware of the "reasonable public access" condition as approved by the City of Newport Beach in ccnjunction with the development of the Lido Village Marina. After having •our counsel again carefully review the language, we do not believe that we are in any way in violation of those conditions. Specifically, the City adopted a resolution requiring that a public accessible boardwalk be built bayward of our parcel. That, in fact, has been done and is in existence. This condition did not imply or intend to provide public access, to that boardwalk through our property. The intent always has been that public access to that boardwalk would be through the property to the south and north of our parcel. Specifically, the apartment project to the south of our parcel was the access point to the tenants. and boardwalk, and furthermore, provided the required restrooms for the use of the marina tenants. When that property owner chose to close off the public access through his property by construction of a gate, this forced all of the public access to the marina through our property. As previously stated, this was not the intent and we tolerated minimal public access through •our property, but found that after the required public access to the adjacent property was closed off-, we could not, and had no requirement -to, allow all `of the public access being through our property. The Marina operators have allowed their slip tenants to •park in our parking lot, load and unload food, beverages, and gear from our parking lot, dump marina trash into our trash bins, and hold public parties. on the land bayward of our building adjacent to the public boardwalk. Our inability to control this type of activity caused us to ,terminate the limited public access we were willing to tolerate previously. The public access, and;more specifically,,the 17991 Cowan, Irvine, California 92714-6047 (714) 863-1163 Mr. Peter Carlson Page 2 abuse of our parking facilities by marina tenants, has disrupted our tenants' use of the premises which they lease from us. I would suggest, that the City enforce the public access through -the Lido Marina Village and the adjacent apartment project complex adjacent to our property where it was always ihtended and required by City ordinance. Furthermore, :we believe that the restroom facilities which were planned and constructed at one time in the apartment complex be reopened for public use, because the lack of restroom facilities for marina tenants has further caused unnecessary problems for us. I have personally witnessed our parking lot being used for restroom facilities by guests and tenants of the marina. Without creating an ongoing obligation, we would be happy to discuss providing limited public access through our property for pedestrian use if the Lido Marina Village operators placed a security guard, or other means of keeping out unauthorized vehicles and curtailed the use of our parking lot facilities by marina tenants. Barring such assurances, we cannot allow our rights to quiet enjoyment of our property to be disrupted by unauthorized and non -general public use of our property. We would be happy to meet with all related parties to see if a resolution of this matter can be achieved. Sincerely yours, GLEN kROP7ERTIES CORP. Igor Ma Olenicoff President IMO:dr Encl. Y . MEMORANDUM OFFICE OF THE CITY ATTORNEY July 1, 1988 TO: Jim Sinasek, Code Enforcement and Peter Carlson, Code Enforcement FROM: Carol A. Korade, Assistant City Attorney RE: 3366 Via Lido, Newport Beach Please review the letter and paragraph 10 of the Agreement and discuss with me Tuesday at 3:30 P.M. Thank you. Carol A. Korade Assistant City Attorney CAK/mlh attachment ena n�FO Z J1 /40 °/tn,cnr .119 oRT � k. C44/ . 'q0& iC�, June 29, 1988 Donald M. Roll 4343 Von Karman Avenue Newport Beach, California 92663 and City Attorney City of Newport Beach P.O. Box 1768 Newport Beach, California 92658-8915 Re: 3366 Via Lido, Newport Beach, California Dear Sirs: As provided in that certain Agreement between the City of Newport Beach, Imperial Savings & Loan Association, and Donald M. Roll, referred to in the enclosed Notice, Olen Properties Corp. is recording Notice of Revocation of the Civil Code Section 813 in accordance with the provisions of Section 10 of said Agreement, which provides, inter alia, that "Upon Construction of a boardwalk bayward of Parcel 3, Imperial may record a notice of revocation of the Section 813 notice...". Since the "boardwalk bayward of Parcel installed, Section 10 of the Agreement Olen Properties Corp. as successor in Savings & Loan Association. Most,cordially, l -d -,, /C.' � j / DONALD E. STUDER Attorney for Olen Properties Corp. DES/em Enclosure cc: Thomas S. Levyn, Esq. Agapay, Levyn & Halling 3" has been completed and is being implemented by interest to Imperial 17991 Cowan, Irvine, California 92714-6047 (714) 863-1163 0 Recording requested by: Attorney and when recorded return to OLEN PROPERTIES CORP. 17991 Cowan Street Irvine, CA 92714 NOTICE OF REVOCATION OF CIVIL CODE SECTION 813 NOTICE Pursuant to the terms and conditions of that certain Agreement dated May 16, 1974, between IMPERIAL SAVINGS AND LOAN ASSOCIATION, DONALD M. KOLL and the CITY OF NEWPORT BEACH, recorded in the Office of the County Recorder of Orange County on May 21, 1974, Instrument Number 21486, Book 11149, Page 1451, and paragraph 10 thereof, OLEN PROPERTIES CORP., successor in interest to IMPERIAL SAVINGS AND LOAN ASSOCIATION and owner of that certain real property described in Exhibit "B" attached thereto, as follows: The northwesterly 20 feet of Lot 7, all of Lots 8, 9, 10, 11, 12 and 13 except the northwesterly 30.75 feet of Lot 13 of Tract 1622, County of Orange, as shown on the Map recorded in Book 47, Page 39 of Miscellaneous Maps, filed in the Office of the Recorder of said County.", also described as: "Parcel 2, 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.", HEREWITH GIVES NOTICE that the notice pursuant to Section 813, Civil Code, recorded in the'Office of the County Recorder of Orange County on June 24, 1976, Instrument Number 26320, Book 1180, Page 1939, providing, inter alia, m "The right of the public or any person to make any use of the above described land or any portion thereof (other than the use expressly allowed by the agreement referred to above) is by permission, and subject to control of the owner: Section 813, Civil Code." is hereby revoked, and all rights of the public over the parking lots on said real property and all public access across said real property provided under the terms of said Agreement are terminated. DATED: June ail 1988 OLEN PROPERTIES CO BY: U IGOW OIXNICOFF, President I STATE OF CALIFORNIA )as. COUNTY OF 0ran4e i ,t Juj}�Z�, before me, the undersigned, a Notary Public In and for O coff and said State, personally appeared I or Oleni personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within Instrument .Presldenl and__— tracrafary'mn behalf Olen Pronerties Corp. —, 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 �(nd'officlal senl.� ( e Signature aOFFICIAL SEAL DONALD E.STUDER Notary Public-Callforala SAN DIEGO COUNTY Comm Exp. Jima 18, 1991 (This area for official notarial seal) RESOLUTION NO. 8249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH, IMPERIAL SAVINGS & LOAN ASSOCIATION, AND DONALD M. KOLL, FOR BOARDWALK AND PUBLIC ACCESS IN CONNECTION WITH RESUBDIVISION N0. 433 WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain•agreement between the City of Newport Beach, Imperial Savings & Loan Association, and Donald M. Koll, for boardwalk and public access in connection with Resubdivision NO. 433, and WHEREAS, the City Council has considered the terms and conditions of said agreenieut and :found them to be fair and equitable, and in the best interests of the City; 1VOW, TLL;REFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said access agreement 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 13th day of May, 1974. ATTEST 0 Cl: City Cler',c r' 1 CEP Tir"ED AS TI•:M O'IGIINQAL "`.................... t .r.. • cITYn CLZcLCR:<or• TH: ctr�••..•• �.•� r•• rl MAY I I I DATE,................o.,n.,mu,:,nnsva•:r•tt: CERT I AS A T UE C CT COPY �• CITY CLERK Of THE CITY Of NNEEWP�OR�(Ty'nn E DATE, .f....—. mh 5/10/74 RECOROlive /LA EA1r P.-TURN Jo, REQUEST "-' FD gY L'.tAL..0=5•, CIFY CL@?K TYCO NCWPOr 'T C,L'LEVARD • trCiYFv,d LEACH, CALIF. 92660 214.436 ) :1 .,,: ,FREE .... AGREEMENT RECOROEO IN OFFICIAL, RE0nBQ OF ORANGE COUNTY, CAIJFO,RNIA 9:05 A.M. MAY 21 IV4 L ME CAP,LM County Recorder This Agreement is made and effective this day of�• 1974, between IMPERIAL SAVINGS AND LOAN ASSOCIATIO ("Imperial"), DONALD M. ROLL ("Roll") and the (CITY OF NEWPORT BEACH "the City") y ) with reference to the fol- :,,t lowing facts: ;:'•A. :Imperial is the owner of that certain real property %desaribedin Exhibits "A" ("Parcel 1") and "B" " ( Parcel 2 ) at- :;,'_:',.tached hereto and by this reference made a part hereof. :'•' :.;,:;`.`s;:B. 'Roll is the owner of that certain real property des- , ' .. . ....:. . .... .. .cribed in Exhibit' "C" ("Parcelf3") attached hereto and by this -reference made a part hereof. C. Imperial has agreed to sell Parcel 1 to Roll pursuant to an Agreement of Purchase and Sale of Real Property between Imperial and Roll. D. .The Planning Commission of the City has approved a Resubdivision .(Resubdivision No. 433) allowing the sale of the property to Roll on condition that prior to the recording of a Parcel Map, Imperial shall furnish the City with an agree- ment satisfactory to the Director of Community Development and the City Attorney guaranteeing the construction of a boardwalk for reasonable public access bayward of a portion of Parcel 2. THEREFORE, the parties hereto agree -as follows: Mc 0 9K 1 1 149pt 1452 1.. .A boardwalk -for reasonable public access bayward of a portion of Parcel 2 ("the boardwalk"), extending forty -:seven (47) feet southeasterly of Parcel 1 shall be constructed by Koll at no expense to Imperial. The public access referred to herein is ;pedestrian access. .r ,2. `Said boardwalk shall be so constructed as to provide ' a southeasterly extension of the boardwalk proposed for construc- tion „+;;.,,••, .; • ; ;'•„+.• y Koll ba yia bard of Parcel 1 and shall be completed within one :.:c '-,,;;,year following the recordation of the Parcel Map of the Resub- division. (See plot plan attached hereto as Exhibit "--A-1") • -'t3. '' Imperial shall allow p public access to the boardwalk ;over a portion of the concrete sidewalk located bayward Qf the two-story building on Parcel 2. Imperial shall allow access to the concrete sidewalk over the parking lot located on Parcel 2. Access from the concrete sidewalk to the boardwalk shall be con- structed by Koll at no expense to Imperial, 4. ;If the concrete sidewalk is ever utilized y Imperial, or its successor=in=interest; to exp the two=stosy'bui`lding snow located on Parcel_ 2 -or to -construct anotheribuiading in7 pits place, the rights_of the public to access_to the"boardwalrk across the aoriciete side`vialk shall terminate. 5. This Agreement shall be recorded in the Office of the Recorder of Orange County, together with the following notice specified in 5813 of the California Civil Code: -2- C-- Bx t ! 149Fc 1453 "The right of the public or any. person to -make any use whatsoever of the above described land or any por- tion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to control, of owner: Section 813, Civil Code." Upon commencement of"any any or construct on on the ', . • ;area now utilized- as a co e�sidewalk-,-a,_n_otice _.of _rego.c.ati Sf "the §813 notice shill b rded-by-Imperial iri the Office of_fhe - •' corder of Orange County. A copy of such notice shall be mailed %`P''.•'Yby Imperial to the City Attorney of Newport Beach and to Koll. The notice of revoca£io'n shah state that the rights of the publ t to access over the concrete sidewalk are terminated but that the • rights_of`-tfie public to access o fe e'x`tena—da-boardwalk oyes the parking lot boated on Parcel 2 shall continas ue provi3edj this. Agreement, 6.' In the event of such termination, Koll agrees to con- struct an extended boardwalk southeasterly of the boardwalk bayward of Parcel 2 as may be required by the City. Construction of such extended boardwalk is not a condition precedent to the termination of the right of public access across the -concrete sidewalk. 7. The rights of the public to access over the concrete sidewalk shall be terminated upon construction of a boardwalk extending southeasterly of the presently proposed boardwalk bayward of Parcel 2, whether or not the concrete sidewalk still exists. If such a boardwalk is ever constructed by Imperial, Koll or any -3- ., 149Fc 1454 other person or entity,. -then Imperial: -.may. record,a notice of re- vocation as provided in Section 5 hereof and the right of public access over the concrete sidewalk shall immediately terminate. A copy of such notice shall be mailed by Imperial to the City Attorney of Newport Beach and to Roll. - 8. Upon construction of an extended boardwalk southeasterly of the boardwalk to be constructed bayward of Parcel 2 r1mPeryizi_1`1 shall allow ^public access to the boardwalk over the parking lot? located on Parcel 2? Access from the parking lot on Parcel to the extended boardwalk shall be constructed by Roll at no expense to Imperial. The location of such access shall be de- signated by Imperial. 9. tIf Roll or his successor -in -in' terest constructs ai boardwalk�bayward,_of Parcel 3,, Roll ,covenan±s,--and agrees to sallow public access• to-.such-=boar-dwalk- ove-r Pa-rcel 3 ? Roll's agreement to allow public access over Parcel 3 to any boardwalk constructed bayward of Parcel 3 is a covenant made expressly for the benefit of Parcel 2 and is intended by Koll and Imperial to be a covenant running with both Parcel 2 and Parcel 3' as provided in Civil Code Section 1468. Said' covenant effects the use of Parcel 2 and is expressly made binding upon successive owners of Parcel 3 for the benefit of Parcel 2. 10. Upon construction of a boardwalk bayward of Parcel 3, Imperial may record a notice of revocation of the 9813 notice, provided for in Section 5 hereof, in the Office of the County Recorder of Orange County and mail a copy of such notice to the -4- • . sit11 1�9PE44�5 City Attorney -of Newport Beach and Koll. Said notice shall state that all rights of the public to access over the parking lot on Parcel 2 and all public access across Parcel 2 provided under the terms of this Agreement is terminated. 11. Nothing contained herein shall be construed as an w express or implied dedication of any rights to the boardwalk or of any easement or access rights, or any other rights over the.property'of Imperial or'Koll,,to the public and no common '> law dedication of access or easement rights, or any other rights over the property of Imperial or Koll or over the board - `,walk shall arise by virtue of the terms of this Agreement. 12. Nothing contained herein shall be construed.as!an express or implied grant or dedication of any right of the public to park vehicles in the parking lot located on Parcel 2. Parking privileges in that lot shall continue to be reserved for invitees of imperial or its successor -in -interest. •• 13. Imperial may take such reasonable safety and security measures as it deems necessary to protect its business or property including restricting public access to portions of Parcel 2; provided, however, that th_ e public shall __not tere Sj be_denied_reasonable access to_the Soa-rdwalk-as—long-ws'-tEis Teemenf_is in effect. 14. Koll is presently leasing from Imperial the property bayward of Parcel 2. Therefore the boardwalk, and any extension thereof, bayward of Parcel 2 shall be maintained and repaired by Koll. -5- er ! 1 f 49sc 1456 15. This Agreement is to be executed by the Mayor of the City pursuant to a duly adopted resolution of the City Council of Newport Beach. 16. This Agreement and every covenant and condition con- tained herein shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, personal representatives, ••art. :' ;t, ;• .;: .. .: .,. •. •w; o:iq;' ... - .-. successors or assigns. 17.,• The parties hereto may seek injunctive or other appro- priate relief to enforce the terms of this Agreement. 18. In the.event that any party hereto shall institute any legal action or proceeding against the other party on account of the other's failure or refusal to perform or fulfill any of the terms of this Agreement on his or its part to be performed or fulfilled, then it is agreed that in any such action or pro- ceeding the prevailing party shall be entitled to its reasonable costs therein and such further and additional sum as and for its attorneys' fees as the court in such action or proceeding may adjudge to be reasonable. 19. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be valid under appli- cable law, but, if any provision of this Agreement shall be deemed invalid or prohibited thereunder, such provision shall be ineffective to the extent of such prohibition and invalidating which shall not invalidate the remainder of such provision or the remaining provisions of this Agreement. a STATE OF CALIFORNIA COUNTY OF San Di ao SS. e »/ u On AnhiR 19. 1974 before me, eo the undersigned, a Notary Public in and for said County and State, personally appeared Hamy H. HoB,th.wsen , known to me to be the President, and Ghaee H. Htlghed , known to me to be Wi t1'anx 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. _ ivame vrwea or rrinteal • Notary Public in and for said County and State BX 1 1 1 49?t 1458 FOR NOTARY SEAL OR STAMP ` OFFICIAL SEAL 7 .-. ;,., COrIIS.'>, L. I•Itl:ixECi: � 1101—AB't PUBLIC • CLLiF"'..::@ ; P%UICIPAL OFPC? IN yMy Sail DIEGO COUNTY r Commission Expires Feb. 15, 1977 5 r ��...�..rxv.,nrvlsvr�rstiti'tinvs.+vier TO 447 e (Individual) STATE OF CALIFORNIA l COUNTY OF ORANGE J SS. On April 30, 1974 before me, the undersigned, a Notary Public in and for said State, personally appeared DONALD M. KOLL W W ' S W J < [to he the person _ whose name is subscribed to the within instrument and acknowledged that he 1 executed the same. Jlllr WITNESS my hand and official seal. Signature NESQRW . 1 J DIANNE J. HARTFORD Name (Typed or Printed) known to me O llnnnnnummxnnnnmm�imnnnunnmu Smnmmumnumm�uniLL OFFFICIALFICIAL SEAL 0410. DIANNE J. HARTFORD NOTAW PUBLIC-^4LIFORNIA PR.NCIPA.L OFFICE IN _ ORANGE COUNTY My Commission Expires April 19, 1975 mnmmninnwuxnminnumm�unnnmm�nnnnnnmuuumm�nxinnniunnnnmmun (This Area far emelal notarial call ,\9\p,\9\y\�y\NA\�\ ROLL GALL \N < N y to Mav IR. 1e74 IAMICY !i CONSENT CALENDAR: Motion I x The following items were approved by one motion affirm - Ayes x x xlx x x ing the act one on the Consent Calendar: NJ 1. The following ordinance was introduced and set for public hearing on May 28, 1974: Proposed Ordinance No. 1562, being, AN ORDINANCE Dist , F THE CITY OF NEWPORT BEACH REZONING Map 4 f P OPERTY ANDAMENDING DISTRICTING MAP 0-1562 NO. 4, Planning Commission Amendment No. 431, rezo 'ng property located at 212 Riverside Avenue, on the outheasterly side of Riverside Avenue northerly} o£ Avon Street, adjacent to Newport Heights, from an R District to the C-1=H District. (A report from Comm ity Development Department was ! i ! presented. ) 2. The following res lutions were adopted: ding a contract to Sully- Resolution No.. 824\authorizing Ford Rd ! Miller Contractingr strdet resurfacing, Ford Bayeide I Road and Bayeide 973-74, Contract No. 1614. Resur£ac• i I (A report from Pubka Director was presented.) I ing R-8245 Resolution No. 824ing contract to Consoli- Automoti\ dated Constructionfor co truction of addition Parts 1 to the Automotive arehous Contract No. Warehous 1572. (Areport froc Works 'rector was R-8246 j I presented.-) Resolution No. 824rizing executio of an HB Water agreement between the City ofNewport Be h and Line Covington Brothers in connection with the dill i osition Easement j I of water pipe across certain real property loc ted in R-8247 the City of Huntington Beach and further authors ing I the execution of a Quitclaim Deed relinquishing th\p\ City's interest in said property. ( A report from I I Public Works Director was presented. ) Resolution No. 8248 authorizing execution of an i I amendment to lease between the City of Newport Beach and The Irvine Company extending the term \R-824 I of the ground lease of the temporary storage yard at I Fifth and Dahlia Avenues. (A report from Public Works Director was presented. ) Resolution No. 8212 authorizing execution of an Lido agreement between the City of Newport Beach, Imper- Village ! I is. Savings and Loan Association and Donald M. Koll, R-8249 for boardwalk and public access in connection with Resubdivision No. 433. (A report from ,Community evD` elopmen�rtment was presented. ) 0 Present Absent X X :R'egular::Piadning';Commissiari Meet Place:': City, Council•,,Chamb'ers Time:' 3:'30 P.M. February 21,•;1g74 *Arrived at 7:00 P.M.' R. V. Hogan, mmunity Development Director David R. Baade, stant City Attorney• Benjamin B. Nolan, C ngineer e. - STAFF MEMBERS James D. Hewi'cker, Assistant D�irbci�61. - Hilliam R. Foley, Senior Planner Shirley L. Harheck, Secretary MINUTRS . ing Item A-' Request to create two parcels of land where 7 lots RESUB- and portions of 2 other -lots now exist., DIVTSrir Location: Lots.8`through'14 and portion's of Alf .�3' Lots 7 and 15, Tract 1622-, located APPROVI at 3366 Via Lido, on:the north- MTO—I— easterly side of• Via• Lido,. south-' TTOWL7L'- easterly of Via•Oporto,'.:in the Lido :Village Area. Zone: C-1-H• Applicant: Don Koll Company, Newport Beach . Owner: Imperial Savings and Loan.Associa- Lion', j San. Diego , r Engineer: Raub,. Bein,..Frost & •Assoc., . Newport Beach Community Deveiopment"Director•Hogan•reviewed and clarified Condition No. 5 as recommended by the staff -which will-insur6;p6bllc access: -adjacent to the••Bay by_means.of,a,.boardvalk and. -walkway. Publ is h'e'ar1n9"*as, opened;.in 'connection -with: this T,i„?`'Stra'der,;`�.V•ic'e P'resideht°.,ofrpori:;'Ko11 Compnriy;:, -'apgeere,d before':; theg.;P,lanning;;CommJJ,O,on RESUBDIVISION APPLICATION No. 435 'CITY OF NEWPORT BEACH Fee $125.00 Department of Community Development Zoning and Ordinance Administration Division 3300 Newport Boulevard Phone (714) 673-2110 Applicant Don Ko11 Compary Phone 833-3030 Mailing Address1901 Dove Street, Newport Beach, California Property Owner Same Phone Same Mailing AddressSame 3 3 Sj A 3 3 6 Location of Property Involved Northeasterly of Via Lido and southeasterly of Via Oporto. Zone C-1-4 Present Use Commercial Legal Description of Property•Involved (if too long, attach sheet) The northwesterly 20.00' of lot 7, the southeasterly 40.00' of lot 15 and all of lots 8 through 14 of Tract 1622, as shown on a map recorded in Book 47, Page 39 of M.M. recordsTof Orange County, California. List any exceptions requested .from standard subdivision requirements of Owner 11, 1974 gna ure of Applicant or Hgeni; XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXxxxxxxxXXXXXXXXXXX DO NOT COMPLETE APPLICATION BELOW THIS LINE Date Filed I-Iq--7`I Fee Pd. i1,25- Receipt No.`77--�a9 P.C. Actio to Q-Qi-7 i Appeal filed by Date _ C.C. Hearing. -.C. C. Action,______. __ _ June 29, 1988 Donald M. Koll 4343 Von Karma Newport Beach, and n Avenue California 92663 City Attorney City of Newport Beach P.O. Box 1768 Newport Beach, California 92658-8915 Re: 3366 Via Lido, Newport Beach, California Dear Sirs: As provided in that certain Agreement between the City of Newport Beach, Imperial Savings & Loan Association, and Donald M. Koll, referred to in the enclosed Notice, Olen Properties Corp. is recording Notice of Revocation of the Civil Code Section 813 in accordance with the provisions of Section 10 of said Agreement, which provides, inter alia, that "Upon Construction of a boardwalk bayward of Parcel 3, Imperial may record a notice of revocation of the Section 813 notice...". Since the "boardwalk bayward of Parcel installed, Section 10 0£ the Agreement Olen Properties Corp. as successor in Savings & Loan Association. Most.cordially, 1 DONALD E. STUDER Attorney for Olen Properties Corp. DES/em Enclosure cc: Thomas S. Levyn, Esq. Agapay, Levyn & Halling 3" has been completed and is being implemented by interest to Imperial 17991 Cowan, Irvine, California 92744-6047 (714) 863-1163 � IA Recording requested by: Attorney and when recorded return to OLEN PROPERTIES CORP. 17991 Cowan Street Irvine, CA 92714 NOTICE OF REVOCATION OF CIVIL CODE SECTION 813 NOTICE Pursuant to the terms and conditions of that certain Agreement dated May 16, 1974, between IMPERIAL SAVINGS AND LOAN ASSOCIATION, DONALD M. KOLL and the CITY OF NEWPORT BEACH, recorded in the Office of the County Recorder of Orange County on May 21, 1974, Instrument Number 21486, Book 11149, Page 1451, and paragraph 10 thereof, OLEN PROPERTIES CORP., successor in interest to IMPERIAL SAVINGS AND LOAN ASSOCIATION and owner of that certain real property described in Exhibit "B" attached thereto, as follows: The northwesterly 20 feet of Lot 7, all of Lots 8, 9, 10, 11, 12 and 13 except the northwesterly 30.75 feet of Lot 13 of Tract 1622, County of Orange, as shown on the Map recorded in Book 47, Page 39 of Miscellaneous Maps, filed in the Office of the Recorder of said County.", also described as: "Parcel 2, 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.", HEREWITH GIVES NOTICE that the notice pursuant to Section 813, Civil Code, recorded in the Office of the County Recorder of Orange County on June 24, 1976, Instrument Number 26320,.Book 1180, Page 1939, providing, inter alia, u F u "The right of the public or any person to make any use of the above described land or any portion thereof (other than the use expressly allowed by the agreement referred to above) is by permission, and subject to control of the owner: Section 813, Civil Code." is hereby revoked, and all rights of the public over the parking lots on said real property and all public access across said real property provided under the terms of said Agreement are terminated. DATED: June gy, 1988 OLEN PROPERTIES CO SY: IGO 0 NICOFF, President I STATE OF CALIFORNIA )as. COUNTYOF Orange 1 •r.., — IQ 1 Q R R _, before me, the undersigned, a Notary Public in and for said Stale, personally appeared — ---- personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within Instrument as ___President and Secrmtar9,-on behalf of�. Olen Properties Corp. the corporation therein named, and acknowledged to me that such corporation axe instrument pursuant to its EAL TUDER by-laws or a resolution of its board of directors. am allternl3 �OUNTYWITNESS my hand 7 ofliclalsealll..ne 19, 1991 ���� (This area for official notarial seal) Signature u ESOLUTION NO. 8249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT i BEACH, IMPERIAL SAVINGS & LOAN ASSOCIATION, !„ AND DONALD M. KOLL, FOR BOARDWALK AND PUBLIC ACCESS IN CONNECTION WITH RESUBDIVISION No. 433 WHEREAS, there has been presented to the City Council of the City of Newport Be,V11 a certain agreement between the City of.Newport Beach, Imperial Savings & Loan Association, and Donald M. Kol1, for boardwalk and public access in connection with Resubdivision No. 433; and WHEREAS, the City Council has considered the terms and conditions of said 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 access agreement 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 13th day of May, 1974- 0 ATTEST: City Clerk CCRTM ED AS TN.' O'IGI14AL '—'�.,.?.:�.......-.'..-d.-:fir- ....�/.,.'.•:�,-�`:- CITY cECR c or 183 Cut MAY , I;r � DATfi --- u.o,vu,:uunm:,ma••^et: C7A=-(�Vp/C CT COPY CITY CLERK OF THE CITY OF NEWY0R�Ty'�7 DATE, mh 5/10/74 /tAURA RECO;?OIAJ EA.L� C:TUIIN TD, REQUESTED B U.G', CITYCLERKT00 NEYIP0.,'T C=LaVARD ' t4ayFC1'-7'LBACH, CALIF. 92660 zr�l.ss� AGREEMENT .• ..•.. .. • ••. 01 0 . . x 1 1 149Pc 145 t RECORDED IN OFFICIAL RE00;ZOS OF ORANGE COUNTY, CAIJFC)RNIA 9:05 A.M. MAY 2I 1974 J. WYLIECAP,LYLE, CGunty Recorder This Agreement is made and effective this day of W, 1974, between IMPERIAL SAVINGS AND LOAN ASSOCIA= ("Imperial"),'DONALD M. ROLL ("Roll") and the CITY OF NEWPORT BEACH ("the•City") with reference to the fol- lowing facts: i Z. "'''•'A. Imperial is the owner of that certain real property .. t,' ••yp. ' a 'f� �•' ;;described in Ekhibits "A" ("Parcel 1") and "B" ("Parcel 2") at - :tacked hereto and by this reference made a part hereof. ;I';'.`•:B. 'Roll is the owner of that certain real property des- , •.,•:. dribed in Exhibit"C" ("Parcel'3") attached hereto and by this ..reference made a part hereof. C. ' Imperial has agreed to sell Parcel 1 to Roll pursuant to an Agreement of Purchase and Sale of Real Property between \ I ' Imperial and Roll. D. -The Planning Commission of the City has approved a Resubdivision JResubdivision No. 433) allowing the sale of the property to Roll on condition that prior to the recording of a Parcel Map, Imperial shall furnish the City with an agree- ment satisfactory to the,Director of Community Development and the City Attorney guaranteeing the construction of a boardwalk for reasonable public access bayward of a portion of Parcel 2. THEREFORE; the parties hereto agree -as follows: -1- I. .A boardwalk•for reasonable public access bayward of a portion of Parcel 2 ("the boardwalk"), extending forty -:seven (47) feet southeasterly of Parcel 1 shall be constructed by Koll at no expense to Imperial. The public access referred to herein is ;pedestrian access. ,. 2..•'.Said boardwalk shall be so constructed as to provide a southeasterly extension of the boardwalk proposed for cons-Eruc- tby.Koll of'Parcel 1 and shall be completed within one •, .r•...ion b Koll ba p "r x.�':, ;, •'year following the recordation of the Parcel Map of the Resub- division: (See plot plan attached hereto as Exhibit 4' ""'; +`.'a" • r3. Imperial shall allow public access to the boardwalk ;over a portion of the concrete sidewalk located bayward•gf the two-story building on Parcel 2. Imperial shall allow access to the concrete sidewalk over the parking lot located on Parcel 2. Access from the concrete sidewalk to the boardwalk shall be con- structed by Koll at no expense to Imperial. 4. If the concrete sidewalk is ever utilized by Imperial, or its successor -in -interest, to expand the two-story building now located on Parcel 2 or to construct another building in its place, the rights of the public to access to the boardwalk across the concrete sidewalk shall terminate. 5. This Agreement shall be recorded in the Office of the Recorder of Orange County, together with the following notice specified in §813 of the California Civil Code: -2- bX I I:149PG 1453 "The right of the public or any.person to -make any use whatsoever of the above described land or any por- tion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to control, of owner: Section 813, Civil Code." Upon commencement of any expansion or construction on the area now utilized as a concrete sidewalk, a notice of revocation of the §813 notice shall be recorded by Imperial in the Office of the ;•�;•y:• Recorder of Orange County. A copy of such notice shall be mailed " by Imperial to the City Attorney of Newport Beach and to Koll. The notice of revocation shall state that the rights of the public to^access over the concrete sidewalk are terminated but that the rights of the public to access to the extended boardwalk over t the parking lot located on Parcel 2 shall continue as provided in this Agreement. 6. In the event of such termination, Koll agrees to con- struct an extended boardwalk southeasterly of the boardwalk bayward of Parcel 2 as may be required by the City. Construction of such extended boardwalk is not a condition precedent to the termination of the right of public access across the -concrete sidewalk. 7. The rights of the public to access over the concrete sidewalk shall be terminated upon construction of a boardwalk extending southeasterly of the presently proposed boardwalk bayward of Parcel 21 whether or not the concrete sidewalk still exists. If such a boardwalk is ever constructed by Imperial, Koll or any -3- M 1' 1 149Ft 1454 j other person or entity, -then Imperial:..may: record,a notice of re- vocation as provided in Section 5 hereof and the right of public access over the concrete sidewalk shall immediately terminate. A copy of such notice shall be mailed by Imperial to the City Attorney of Newport Beach and to Koll. - B. Upon construction of an extended boardwalk southeasterly ,•a of the boardwalk to be constructed bayward of Parcel 2 Imperial shall allow public access to the boardwalk over the parking lot N located on Parcel 2. Access from the parking lot on Parcel 2 to the extended boardwalk shall be constructed by Koll at no expense to Imperial.' The location of such access shall be de- signated by Imperial. 9. If Koll or his successor -in -interest constructs a boardwalk bayward of Parcel 3, Koll covenants and agrees to allow public access to such boardwalk over Parcel 3. Koll's agreement to allow public access over Parcel 3 to any boardwalk constructed bayward of Parcel 3 is a covenant made expressly for the benefit of Parcel 2 and is intended by Koll and Imperial to be a covenant running with both Parcel 2 and Parcel 3 as provided in Civil Code Section 1468. Said covenant effects the use of Parcel 2 and is expressly made binding upon successive owners of Parcel 3 for the benefit of Parcel 2. 10. Upon construction of a boardwalk bayward of Parcel 3. Imperial may record a notice of revocation of the 9813 notice, provided for in Section 5 hereof, in the Office of the County Recorder of Orange County and mail a copy of such notice to the -4- .--,W I I `. 1 l 1493145:5 ; City Attorney -of Newport Beach and Koll.' Said notice shall state that all rights of the public to access over the parking lot on Parcel 2 and all public access across Parcel 2 provided under the terms of this Agreement is terminated. 11. Nothing contained herein shall be construed as an I: express or implied dedication of any rights to the boardwalk or of any easement or access rights, or any other rights over the.property of Imperial or.Koll, to the public and no common law dedication of access or easement rights, or any other rights over the property of Imperial or Koll or over the board- walk shall arise by virtue of the terms of this Agreement. 12. Nothing contained herein shall be construed.asian express or implied grant or dedication of any right of the public to park vehicles in the parking lot located on Parcel 2. Parking privileges in that lot shall continue to be reserved for invitees of Imperial or its successor -in -interest. •• 13. Imperial may take such reasonable safety and security measures as it deems necessary to protect its business or property including restricting public access to portions of. Parcel 2; provided, however, that the public shall not there- by be denied reasonable access to the boardwalk as long as this Agreement is in effect. 14. Koll is presently leasing from Imperial the property bayward of Parcel 2. Therefore the boardwalk, and any extension thereof, bayward of Parcel 2 shall be maintained and repaired by Koll. -5- .Off l f 43fc 1456 i - 15. This Agreement is to be executed by the Mayor of the City pursuant to a duly adopted resolution of the City Council of Newport Beach. 16. This Agreement and every covenant and condition con- tained herein shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, personal representatives, successors or assigns. 17. The parties hereto may seek injunctive or other appro- priate relief to enforce the terms of this Agreement. '18. In the.event that any party hereto shall institute any >,•; legal action or proceeding against the other party on account of the other's failure orrefusal to perform or fulfill any of the terms of this'Agreement on his or its part to be performed or fulfilled, then it is agreed that in any such action or pro- ceeding the prevailing party shall be entitled to its reasonable costs therein and' such further and additional sum as and for its attorneys' fees as the court in such action ction or proceeding g may adjudge to be' reasonable.' ' 19. whenever possible, each provision of this Agreement shall be interpreted in such manner as to be valid under appli- cable law, but, if any provision of this Agreement shall be deemed invalid or prohibited thereunder, such provision shall be ineffective to the extent of such prohibition and invalidating which shall not invalidate the remainder of such provision or the remaining provisions of this Agreement. STATE OF CALIFORNIA COUNTY OF San � SS. . 111 On Ah�P 19. 1974 before me, °e lice undersigned, a Notary Public in and for said County and State, personally appeared Hcuucef H. HoZtAuaen known to me to be the President, and GAaee H. HuAheh known to me to be o Wi4taVt Secretary of the corporation that executed the u 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 lite within instrument pursuant to its by-laws or a resolution of its board of directors. Notary Public in ped or Printed) for said County and State az E ! l 49?t 1458 FOR NOTARY SEAL OR STAMP OFFI♦CI AL SEAL D NDTARY PUBLIC C:.LIF::'tas V"st'r1 P'INCIPAL OFF:CE IN SAN DIEGO COUNTY My Commission Expires Feb. 15. 1977 TO 447 O (Individual) STATE OF CALIFORNIA l COUNTY OF ORANGE } SS. On April 30, 1974 before me, the undersigned, a Notary Public in and for said State, personally appeared DONALD M. KOLL W C W x J known to me < to he the person _ whose name is subscribed to lite within instrument and acknowledged that he O executed the some. IDinnnnnnmryxnnunnunnxannunnunininnnnuuuuannnnwannunnnnmm�nna OFFICIAL SEAL = WITNESS my hand and official seal. DIANNE J.HARTFORD - _ !!i NOTA iY PUSLIC-CALIFORNIA Signature ____ _ 41. +' PR.N'1PAL OFFICE IN — �4•. �O� ORANGE COUNTY DIANNE J. HARTFORO L I My Commission Expires April 19, 1975 _ mmnwnnnuxnxnnnnumunnnnunminunmunninuuumnunuunnnmunnnnnnm Name (Typed or Printed) , (This area for athcial satirist eat) I : 1 7-- ^ 42 c mom` oT ndU BALL May 13, 1974 INDEX I I CONSENT CALENDAR: �\ Motion i j x The following items were approved by one motion affirm- Ayea Ix x xlxl x x ing the actions on the Consent Calendar: 1. The following ordinance was introduced and set for public hearing on May 28, 1974: Proposed Ordinance No. 1562, being, AN ORDINANCE Dist F THE CITY OF NEWPORT BEACH REZONING Map 4 P OPERTY AND AMENDING DISTRICTING MAP 0-1562 NO. 4, Planning Commission Amendment No. 431, rezo 'ng property located at 212 Riverside Avenue, on the outheasterly side of Riverside Avenue inortherl of Avon Street, adjacent to Newport Heights, I from an R District to the C-l-H District. (A report i from Comm ity Development Department was ! I I presented. ) i 2. The following red lutione were adopted: Resolution No.; 8245 warding a contract to Sully- Ford Rd, Miller Contracting Co. for street resurfacing, Ford Bayside I Road and Bayside Drive, 1973-74, Contract No. 1614. Resurfac was presented.)I (A report from Public Wo\contract ing R-8245 Resolution No. 8246 awaract to Consoli- Automotil dated Construction Corp. tion of addition Parts to the Automotive Parts Wontract No. Warehous 1572. (A report from Publrector was R-8246 presented.•) Resolution No. 8247 authotio of an HB Water agreement between the City of Newport Be h and Line Covington Brothers in connection with the di osition Easement I I of water pipe across certain real property loc ted in R-8247 the City of Huntington Beach and further authori ing I the execution of a Quitclaim Deed relinquishing t City's interest in said property. ( A report from Public Works Director was presented.) Resolution No. 8248 authorizing execution of an i i amendment to lease between the City of Newport Beach and The Irvine Company extending the term \R-824 of the ground lease of the temporary storage yard at I I Fifth and Dahlia Avenues. (A report from Public Works Director was presented.) Resolution No. 8249 authorizing execution of an Lido agreement between the City of Newport Beach, Imper- Village ial Savings and Loan Association and Donald M. Koll, R-8249 for boardwalk and public access in connection with Resubdivision No. 433. (A report from Community eve opment Department was presented. ) )r INDEX Present X 1 X X *Arrived at 7:00 P.M.: Absent X E Z ICID MEMBERS R. V. V. Hogan, mmunity Development Director David-R. Baadej stant City Attorney Benjamin 8. Nolan, C ngineer STAFF MEMBERS James D. Hewicker, Assistant 4tfrbc6`h ning William R. Foley, Senior Planner Shirley L. Harheck, Secretary, Item A-' Request to create two parcels of land where 7 lots RESUB- and portions of 2 other lots now exist.. Vrn,5T7 . - I . Location: 'Lots-8"thriough'14 and portion' of * ' Abe d3 Lots 7 and 15,.Tract 1622-, located APPROVI at 3366 Via Lido, on:the north- CONDI- easterly side of-Via-L16,.south- TIONALL*- of Vla.Oporto,'An the Lido Village Area. Zone: C - fril Applicant: Don Kell Company, Newport Beach Owner:- Imperial Savings and Loan.Associa,- tion'O f San. Diego', Engineer: Raubo Bein, Frost & Assoc., Newport Beach" Community Develo�m�ent'Direcior,Hoga , n-reviewed and clarified Condition No. 5 as recommended by the staff which willilnsure;ptibllc access. ' adjacent to the--Bay.by.mean s., o f,, a.b.oardwalk and-walkway.-: Public' Ic- h'biHw nj:-,wopenedJ*n­ connection •wfth..this matter,;. .4 T1,.W, Strad6r.o`,.V,16'e,-Presl'dertt,,of, Uon':;.Ko I I Company,,. L, .,'appeared',bef6ri;-the �Plenning,�. om-misstone'and, oncurrendltion(i= Aa COmmended'- 1pysr. oI RESUBDIVISION APPLICATION No. ' CITY OF NEWPORT BEACH Fee $125.00 Department of Community Development Zoning and Ordinance Administration Division 3300 PhoneNew(714)t673-2110rd Applicant Don Koll Compary Phone 833-3030 Mailing Address1901 Dove Street, Newport Beach, California Property Owner Same Phone Same Mailing AddressSame 33SjA r4- 33 6 Location of Property Involved Northeasterly of Via Lido and southeasterly of Via Oporto. Zone C-1-H Present Use Commercial Legal Description of Property•Involved (if too long, attach sheet) The northwesterly 20.00' of lot 7, the southeasterly 40.00' of lot 15 and all of lots 8 through 14 of Tract 1622, as shown on a map recorded in Book 47, Page 39 of M.M. records'of Orange County, California. List any exceptions requested from standard subdivision requirements gnature o 11. 1974 Signature o pp cant or gent uaze xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx DO NOT COMPLETE APPLICATION BELOW THIS LINE Date Filed I - /q--7 `/ Fee Pd. /a�� Receipt No.i7--1 P.C. Actio to Q-QlLl t Appeal filed by Date C.C. Hearing ___ C. C. Actio I June 29, 1988 Donald M. Koll 4343 Von Karman•Avenue Newport Beach, California 92663 and City Attorney City of Newport Beach P.O. Box 1768 Newport Beach, California 92658-8915 Re: 3366 Via Lido, Newport Beach,. California Dear Sirs: As provided in that certain Agreement between the City of Newport Beach, Imperial Savings & Loan Association, and Donald M. Koll, referred to in the enclosed Notice, Olen Properties Corp. is recording Notice of Revocation of the Civil Code Section 813 in accordance with the provisions of Section 10 of said Agreement, which provides, inter alia, that "Upon Construction of a boardwalk bayward of Parcel 3, Imperial may record a notice of revocation of the Section 813 notice...". Since the "boardwalk bayward of Parcel 3" has been completed and installed, Section 10 of the Agreement is being implemented by Olen Properties Corp. as successor in interest to Imperial Savings & Loan Association. Most,cordially, DONALD E. STUDER Attorney for Olen Properties.Corp. DES/em Enclosure cc: Thomas S. Levyn, Esq. Agapay,'Levyn & Halling fo� 17991 Cowan, Irvine, California 92714-6047 (744) 863-1163 Recording,requested by: Attorney ' and when recorded return to OLEN PROPERTIES CORP. 17991 Cowan Street Irvine, CA 92714 NOTICE OF REVOCATION OF CIVIL CODE SECTION 813 NOTICE Pursuant to the terms and conditions of that certain Agreement dated May 16, 1974, between IMPERIAL SAVINGS AND LOAN ASSOCIATION, DONALD M. KOLL and the CITY OF NEWPORT BEACH, recorded in the Office of the County Recorder of Orange County on May 21, 1974, Instrument Number 21486, Book 11149, Page 1451,,and paragraph 10 thereof, OLEN PROPERTIES CORP., successor in interest to IMPERIAL SAVINGS AND LOAN ASSOCIATION and owner of that certain real property described in Exhibit "B" attached thereto, as follows: The northwesterly 20 feet of Lot 7, all of Lots 8, 9, 10, 11, 12 and 13 except the northwesterly 30.75 feet of Lot 13 of Tract 1622, County of Orange, as shown on the Map recorded in Book 47, Page 39 of Miscellaneous Maps, filed in the Office of the Recorder of said County.", also described as: "Parcel 2, 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.", HEREWITH GIVES NOTICE that the notice,pursuant to Section 813, Civil:Code, recorded in .the Office of the County Recorder of Orange County on June 24, 1976, Instrument Number 26320, Book 1180, Page 19391- providing, inter alia, 0 It 'The right of the public or any person to make any use of the above described land or -any portion thereof (other than the use expressly allowed by the agreement referred 'to above) is by permission, and subject to ;control of the owner: Section 813, Civil 'Code." is hereby revoked, and all rights of the public over the parking lots on said real property and all public access across said real property provided under the terms of said Agreement are terminated. DATED: June 9, 1988 OLEN PROPERTIES CO BY: U M IGOIV 01XNICOFF, President I STATE OF CALIFORNIA Iss. COUNTY OF Orange I before me, the undersigned, a Notary Public in and for sold Stale, personally appeared Igor Olenicoff and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within Instrument _President and zrecmMr7,'0n behalf Olen Pronerties COrg. the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to Its bylaws ore resolution of its board of directors' WITNESS my hand pfndF'onllicial se :l. Signature. 'I n OFFICIAL SEAL DONALD E.STUDER Notary Public—Caltlarnia SA DIEGO COUNTY ?- My Comm Exp. June 18. 1991 (This area for official notarial seat) r 0 ti MF A CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 The Koll Company Mr. Sydney E. Buck Vice President 4343 Von Karman Avenue Newport Beach, CA 92660 Mr. David N. Schultz CPM, President 715 N. Central Avenue Suite 300 Glendale, CA 91203 Tom Levyn, Esquire Agapay, Levyn & Halling Fourth Street 10801 National Boulevard Los Angeles, CA 90064-4184 Dear Sirs: (714) 644-3131 August 17, 1988 Paul Hegness, Esquire 5000 Campus Drive Newport Beach, Ca 92660 Olen Properties Corporation Mr. Igor M. Olenicoff President 17991 Cowan Irvine, Ca 92714-6047 Enclosed is a copy of the report from the Marine Department analyzing the dock/boardwalk question. Please review prior to our next meeting which is currently scheduled for 10:00 A.M. on August 25, 1988 in the City Attorneys Office. You may contact Tony Melum, Tidelands Administrator at (714) 644-3044 if you have any questions. Thank you. V ry truly yours, ,Q 4)aL�_ Carol A. Korade Assistant City Attorney CAK/mlh attachment cc: Peter Carlson, Planning Department 9 Tony Melum, Marine Department �ECEu�dE>M �' fl'Jam7�' AiiG181988 � CITY of ► EWWPOP,T BEACK CRLIF. 3300 Newport Boulevard, Newport Beach '�Z CITY OF NEWPORT BEACH Marine Department August 15, 1988 TO: CAROL KORADE, CITY ATTORNEY FROM: Marine Department SUBJECT: KOLL PROPERTY/BOARDWALK AT IMPERIAL SAVINGS BANK LOCATION At the last meeting regarding the above topic, the Marine Department agreed to review our files and put together a letter outlining our understanding of the boardwalk and docks bayward of the Koll property at this location, also referred to as the Imperial Savings Bank location. Our files indicate that there were two Staff Reports that pertain to this particular situation. One includes a drawing and minutes of the Planning Commission meeting of December 14, 1972 and was written on May 29, 1973. The other, including a drawing, was written on January 28, 1974. Both of these Staff Reports are attached. The first Staff Report of May 29, 1973 was written to allow the property owner to build a marina bayward of his property and, as the drawing indicates, the marina included a headwalk immediately adjacent to the bulkhead running the full width of the property. In that Staff report as background, it was pointed out that in the Planning Commission minutes of December 14, 1972? the applicant was required to provide a public easement along his property adjacent to the bulkhead. This public easement would typically be landward of the bulkhead. Becuse at this particular site in one location the buildings are very close to the edge of the bulkhead it was impossible to have the easement run 'the full width of the property on the applicant's property.' As a result of that situation, it was necessary for the applicant to come back to the City on January 28, 1974 and request a revision of the marina that had been approved on May 29, 1973. The nature -of this revision was to allow the applicant to take the existing headwalk, which had been adjacent to the bulkhead and move it bayward, thus providing room to build a pile supported boardwalk in that area where there was not sufficient upland property to provide the easement. The reference on Page 2 of the Staff Report of January 28, 1974: "The proposed boardwalk will be similar in nature to that designed for the Rhine Wharf Park", was to inform the City Council that there was a precedent for this type of boardwalk -supported access for the public within the harbor. After the Staff Report -of January 28, 1974, it would be the Marine Department's position that the public easement ran on the private property of the applicant until approximately the s(�itherly side of Lot 16F and at,that point, the easement then went out over State Tidelands on a pile supported boardwalk approximately 160 feet south, then terminated and came back onto the applicant's private property. Nothing in our files suggests to us that the easement was ever proposed to be down on the floating headwalks of the docks. It was to be either on the applicant's upland property and/or over that specific section of the boardwalk described in the Staff Report of January 28, 1974. I hope this sheds some additional light on this problem. If you have questions give me a call. / ��-- Tony Melum Tidelands Administrator MARINE SAFETY DEPARTMENT . 70 Netwport P,i-ar January 28, 1974 TO: MAYOR AND CITY COUNCIL FROM: Marine Safety Department SUBJECT: HARBOR PERMIT APPLICATION 11124-3400`BY DON KOLL CO. TO REVISE AN EXISTING PERMIT TO INCLUDE A 7' WIDE PILL: SUPPORTED WOOD WALK BAYWARD OF THE BULKHEAD LIOV AT IMPERIAL SAVINGS AND LOAN. Recoilimendat.ion If desired, approve the appl;cation subject to the auprova-1-of the Army Corps o9 Lncci.neers, and the South Coast Regional zone ^-onser.vation Commission and following special conditions: 1. That the walkway be open to the public 2. That 'lie structure be maintained by.the permittee Discussion This opplication rriquires City Council approval under Section 5 paragraph B and C••3 of the City's Harbor permit Policies which state: B. Prior approval of the Ctty Council. will be required !:,afore the Marine Safety Department may issue any permit t%at does not conEorm to the Standard Harbor Drawings and the adopted Harbor Permit Polic•i.es." 11c. Pri.ur approval of the City Council will also be required before issuing a permit for shore -connected structures when: J. ;Phe obuttinq upland property is zoned commercial." Tho Uun Koll Com;nmy wished to construct the subject board walk. to proviclr a soutlic'.ly extension to a 6' wide_ walkway easement. northerly or Imporial Savings and Loan as :shown on the attached drawing. This casumunL was roquirecl is a condition of approval on the Koll Compan!•'s original harbor par.nit approved•by the City Co•mcil on May 29, 1973, and Chu planning Commission's Usu Pr,.rmit 11163U approved December '4, 1972. gq�jj�l�tg4�t..d.N}'1��+lX�Stt13iU�"iAittl'fAfMvsr�'uti& l#�iV:lf�t}:feti�k`V,'F,�i�1��F�I' i1�lS#i��LS�SSY3'1Yi�li1�:.:174't56YlY1+B0.FA5tiUW.f+�".�tiUSUars+.c Page 2. 71:e Marii : Safety Department staff has conferred with the Community Dm;vel.opment Department on this application and it is felt that this' boardwalk is a logical extension of the public easement required by the prior actions of the City Council and Planning Commission. The proposed boardwalk will be simil-ir in nature to that designed for W.c Rhine Wharf Pa+:x, giving the public additional access to the tidelands. The reas•)n the walk cannot be built landward of the bulk- head .line at this lccation is that the Imperial Savings & Loan Builc- ing was constructed with limited bulkhead line setback. The headwalk of the float structure approved on May 29, 1973, will be modified, as shown on the attached drawing, to accomodate t}:e piling for the boardwalk. R. E. REED, DIRECTOR D. llarshbarger, Captain f.wrine Safety Department DN : GE1! : l f Attachments y gg t— x C S l =E L.+/CO Lv GK j i A ,r.r, •, •,Y ^� �n[ Wes,)• ,I•.s n� O V c 4fwn S VICINITY 8?iCTCCIocCn'`1:• t�.\ 5ws7vs nc avr.C:_r. .z:cr ac /cnr_ • 4:sn•5 /1D.1 Y..:.1\ Li xn My 4.^•(L �. Y.J>�^):..^: Lar Csl'u1.15.<� Ya Y.M i�Y.IY. R' /VYb.� y� � ' s— i .�_ is _ �i !� :; II � �i_ ,� •;i ' ;► I i? \ �i 4� it 'I I i; it jI �i � � R ) t i r I• ? 0 i F I rLIU -- - __ '`-_ __ -� __ _ __r_ • _--_=.. -- � FFes— _____ J ��__ _ __ -_- _ �- -I �..POr e•s[aa _wa.oxu•G.�- ! �'- ._fa:Lk,:fCG/7 �El,'1.5T• to •��/'l i� � /G�' 1 � ! I -T— C1_8'7• 2! 20 ' • 19 t 1$ t � _ _ - 1 $�''n S /•• ) _ !7 I Yn !Mr^{•,_�.CL /hG_t{_ �yGN •• ? i 6 -- - ' ii,r 7- NO. i,;Fja , C17Y O; Ncli!•%Gli':� --'- :3L-fClf --._ !]!7 L9.a2 L F.J L.( ^•• �r<c:x�scu t?OARDWF+L 1� r May 29, 1973 TO: FROM: SUBJECT: MARINE SAFETY DEPART14ENT 70 Newport Pier MAYOR AND CITY COUNCIL Marine Safety Department ITEM NO. H-9 (b) HARBOR PEP14IT APPLICATION #124-3400 (LLATTERAS MARINA) Request to permit the construction of a public marina facility encompassing 840 linear feet of bay frontage containing 55 slips and 18 side -ties for a total of 73 docking spaces. LOCATION: Bayward of Via Oporto and Via Lido (in Central Newport) encom- passing the bay frontage from 370 feet North of Imperial Savings & Loan, including the entire 340 feet of Imperial Savings & Loan Bay Frontage, to 130 feet South of Imperial Savings & Loan. APPLICANT: Eastman-Koll Company, Newport Beach Application. This application involves three considerations. Specifically, the applicant requests: 1. A harbor permit to permit construction of a consolidated marine facilit which when rebuilt will contain 55 slips and 18 side -ties for a total y, of 73 docking spaces. 2. Combine the five (5) existing harbor permits for the subject bay frontage into one (1) harbor permit to be held by the Eastman-Koll Company. 3. Permit slip construction to extend 20' bayward of .the U. S. Pierhead Line to the U. S. Project Line in accordance with Section 23J of the Council's Harbor Permit Policies. Project Description This harbor permit application is indi::ectly connected with the Lido Village upland redevelopment. The basic concept of the upland project is to construct a multi -story commercial parking structure in conjunct- ion with the remodeling of a number of existing bayfront structures and the addition of one new structure fronting on the bay. The marina t• ( Page two portion of the project consists of redesigning the slips and side -ties bayward of approximately 500' of bay frontage and constructing slips bayward of Imperial Savings & Loan,.whhre'none exist at the present time. 1, SLIPS - Currently, within the subject tidelands zone, there are five separate harbor permits, four of which are held by Mr. Koji and one by Imperial Savings & Loan. Combined within these permit zones, are 26 sli,ps, 15 side -ties, for a total of 41 docking spaces. The proposed reconstructed marina, including new slips bayward'of the Imperial Savings & Loan property, would accomodate slips for 55 tenants and spaces for 18 side -ties. The total increase in docking spaces would be .22. 2. RESTROOMS - There are three (3) men and women restroom facilities Plus one toilet and wash basin within the proposed marina zone. To meet the requirements of the harbor permit policies, the one toilet and basin facility would need remodeling to accomodate men and women separately. 3. PARKING - The existing off-street parking is limited and serves both the slip tenants as well as the contiguous apartments and commercial businesses abutting the tidelands. The staff was unable to ascertain the number of off-street parking stalls alot- ted to the existing harbor permits within the proposed project zone. The original harbor permits were approved in the early 1950's prior to the adoption of the Council's Harbor Permit Policies. To meet the requirements of the harbor permit policies the appli- cant proposes to provide 55 parking stalls for the proposed marina. It is the staff's understanding that 25 stalls will be located in the upland parking garage and 30 stalls will be provided conti- guous to the proposed marina. Background 1. The City of Newport Beach Planning Commission on December 14, 1972, in summary, approved the following: a. Use Permit #1636, for the parking structure, subject to 16 conditions. Two of the conditions of approval indirectly relate to the harbor permit. These are: 1. "That the applicant make an irrevocable offer to dedicate a public easement adjacent to the bulkhead for the entire 360 feet of bay frontage, and at least one easement extend- ing from via Oporto to the bulkhead. Said easements shall be designed and located in a manner meeting the approval of the Director of Community Development. These offers shall be exercised by the City upon completion of the remodeling or March 1, 1974, whichever occurs first." 2. "That approval of this use permit does not include any approval of plans for the proposed expansion of the adjoining marina facility." C Page Three b. Accepted the E.S.R. (E.I.R./NB-72-020) and approved the following findings: 1. That the report addresses itself to the six areas specifically referred to in Section 21100 of the Public Resources Code. 2. That the basic land use is compatible with surround- ing land uses. 3. That the major adverse environmental impacts created by this project will be increased traffic volumes and a change in the scale of structures in the area. 4. That these impacts will be off -set by the creation of new public access to Newport Bay and will be minimized by the Conditions of Approval of Use Permit Application No. 1636. NOTE: The E.I.R.•did not directly address the marina portion of the project. The staff in turn has reviewed the proposed marina regarding construct- ion with reference to the California Environmental Quality Act and can find no significant adverse environmental impact, at this time, by construction of this project. 2. The Joint Harbor Committee on May 8, 1973, on a three to one vote recommended approval of the harbor permit applicauion subject to the following conditions: a. Conditions recommended by the Marine Safety Department staff as restated under "Recommendations". b. That a sewer pump -out system be provided in accordance with adopted City policies and/or ordinances subject to future Joint Harbor Committee review. C. That the proposed public walkway be 8' in width. (Identified by the Planning Commission Condition #7). d. That there shalltbe no live-aboards within the marina. Recommendation If desired, the staff recommends approval of the Harbor Permit Application #124-3400, subject to the approval of the U. S. Corps of Engineers and following conditions recommended by: A. Staff I. Proposals for the control of debris shall be submitted to and approved by the Marine Safety Director prior to the demolition and/or removal of the existing slips. 2. That sewer services necessary for a pump -out station or stations be provided in a•manner satisfactory to the Public Works Depart- ment. Page Four 3. That a commercial fire protection system'be installed in accord- ance with plans approved by the Fire Department. 4. That any domestic water services and/or electrical service revi- sions and new installations on the slips be installed under a permit obtained from the Department of Community Development. 5. That no dredging be allowed 'unless a separate "Dredging Permit" has been approved by the City, U.-S. Corps of Engineers, and Santa Ana Regional Water Quality Control Board. 6. That the proposed project comply with Sections 17, 18, and 19 of the Council's Harbor Permit Policies detailing the parking require- ments, safety requirements, and sanitary requirements. �B. Joint Harbor Committee 1. That a sewer pump -out system be provided in accordance with adopted City policies and/or ordinances and shall be subject to future Joint Harbor Committee review. 2. That the proposed public walkway be 8' in width. 3. That there shall be no live-aboards in the marina. (Discussion 1. The prior approval of the City Council is required on this appli- cation because: a. The proposed harbor permit application abutts upland property that is zoned commercial. b. More than one slip or float is requested bayward of a single parcel. C. The proposed slips will extend 20' channelward of the U. S. Pierhead Line. NOTE: Section 231 (Page 11) of the Councilb Harbor Permit Policies states, "U. S. Bulkhead Sta. No. 122 to 125- Piers or boat slips may be permitted to extend 20 feet channelward of the U. S. Pierhead.Line." (The Marina project is within these identified bulkhead zones.) 2. Application to the U. S. Corps of Engineers will be made if the City approves the harbor Permit Application. Page Five 3. The applicant intends to construct the redesigned proposed•marina in phases so as to avoid displacing as few slip tenants as possible. DH:lf ....'1 D. IIarshbarger, Captain Marine Safety Department I �Plu 14 jr, ILI Nlr) ^,Pp rl 1-1 .R QUALITY ORi-GI:NAL (S) of -----,.�,..�...�•„�.�u�em�aacwTvunuc:9uti64i8iT�.Y]1idYk Ii:earl i10. �,•• PLANNING C01,11•IISSIO1l APPRdVL••D USE PERMIT APPLICATION No. l;i3c ON DECEMBER 14, 1972, SUiIJECT TO THE FOLLOWING CONUITMNSI : 1. The applicant shall inter into an agreement with the City of'i•lewport Beach to ijile the necessary parcel map, 2. That the existing wader and sewer lines crossing the situ be removed where the;% conflict with• new building construc- tion, and that the snubs be revised as necessary to sorva the new building or ble terminated in a manner satisfactory to 'the Public Works DJepartment. 3. That the easements or portions thereof from which the utility lines have been removed be vacated and abandoned. 4. That all construction work affecting the plater and setier lines, and the street improvements within the public right- of-way, be shot -in on a standard plan prepared by a licensed civil engineer. 5. That the applicant enter into an agreement with the City of Newport Beach guaranteeing that the proposed remodeling of the existing commercial and residential structures between Via Oporto and Newport Bay will substantially conform to theplans and statements �ubinitted as part of this application, and that the remodeling be completed prior to March 1, 1974. This agreement shall be prepared in a manner satisfactory to the City Attorney and shall be executed prior to theissuance of any building perm! s. 6. Prior to the 'Issuance of building per)nits for the proposed remodeling, the Uepar ment of Community Uevelopmen't.D•irector shall review the plans to ensure that the intent of this use permit is fulfilled. 1 7. That -the applicant make an irrevocable offer to dedicate a public easement adjacent -to the bulkhead for'the entire 3GC •;'::, of bay frontage, and dt least one easement extending from Via Oporto to the bulkhead. Said easements shall be desirined and located in a manner meeting the approval of the Director of Community Development! These offers shall be exercised by t1h: City upon completion of the remodeling or )•larch 1, 1974, vih•ichever occurs first. £i. • That approval of this use permit does not - include in.ap(71 oYi) i of plans for the proposed expansion of the adjoining marina facility; however, 25 parking spaces for the marina expansion have been provided. 51. That the applicant shall prepare' plans for spucial stror,tscjpr., •treatinont along Via Oporto. Said plans shall be rev•ir!c-ied ari;i approved by -the City staff and the City Cotmcil. 10. That the parking structure be constructed it! ;ubStanti7l ra;:l- pliTlnce with the plans submitted. '11. That the private alley behind the existingl shops front••in�; oil i''(il Lido t}�J 17e designed gil i•!(} in such way astU 1)1'OY7 SI t.! it :l i!((l.l :l is ): delivery space.to the shops. a Itew NO. A-2 12. That a validation system shall be implemented which will provide short-term cu tomer parking for the existing shops on Via Lido and all n w shops and offices. 13. That none of the park1ng spaces shall be reserved. 14. That the public curb parking spaces, not be removed until the parking structure is'completed. 15. That the applicant initiate a request to extend a center median in Via Lido ac oss Central Avenue. 16. That left turns onto Via Lido from the Via Lido exit be prohibited. .. • /rldb 12-'15- 72 CITY OF NEWPORT BEACH Marine Department August 15, 1988 TO: CAROL KORADE, CITY ATTORNEY FROM: Marine Department SUBJECT: KOLL PROPERTY/BOARDWALK AT IMPERIAL SAVINGS.BANK LOCATION At the last meeting regarding the above topic, the Marine Department agreed to review our files and put together a letter outlining our understanding of the boardwalk and docks bayward of the Koll property at this location, also referred to as the Imperial Savings Bank location. Our files indicate that there were two Staff Reports that pertain to this particular situation. One includes a drawing and minutes of the Planning Commission meeting of December 14, 1972 and was written on May 29, 1973. The other, including a drawing, was written on January 28, 1974. Both of these Staff Reports are attached. The first Staff Report of May 29, 1973 was written to allow the property owner to build a marina bayward of his property and, as the drawing indicates, the marina included a headwalk immediately adjacent to the bulkhead running the full width of the property_. In that Staff report as background, it was pointed out that in the Planning Commission minutes of December 14, 1972, the applicant was required to provide a public easement along his property adjacent to the bulkhead. This public easement would typically be landward of the bulkhead. Becuse at this particular site in one location the buildings are very close to the edge of the bulkhead it was impossible to have the easement run the full width of the property on the applicant's property. As a result of that situation, it was necessary for the applicant to come back to the City on January 28, 1974 and request a revision of the marina that had been approved on May 29, 1973. The nature of .this revision was to allow the applicant to take the existing headwalk, which had been adjacent to the bulkhead and move it bayward, thus providing room to build a pile supported boardwalk in that area where there was not sufficient upland property to provide the easement. The reference on Page 2 of the Staff `'report of January 28, 1974: "The proposed boardwalk will be similar in nature to that designed for the Rhine Wharf Park", was to inform the City Council that there was a precedent for this type of boardwalk -supported access for the public within the harbor. After the Staff Repgr t-of January 28,,1974, it would be"the Marine Department's position that the public easement ran on the private property of the applicant until approximately'the southerly side of Lot 16, and at that point, the easement then went out over State Tidelands on a pile supported boardwalk approximately 160 feet south, then terminated and came -back, onto the applicant's " private property. Nothing in our files suggests to us that the easement was ever proposed to be down on the floating headwalks of the docks. It was to be either on the applicant's upland property and/or over that specific section of the boardwalk described in the Staff Report of January 28, 1974. I hope this sheds some additional light on this problem. If you have questions give me a call. Tony Melum Tidelands Administrator i. MARINE SAFETY DEPARTMENT ?0 ti(_wport_P'ar----- January 28, 1974 TO: MAYOR AND CITY COUNCIL I''RO`7: Marine Safety Dopartment• SUBJECT: HARBOR PERMIT APPLICATION 11124-34001BY DON KOLL CO. TO REVISE•' AN EXISTING PERMIT TO INCLUDE A 7' WIDE " PILE SUPPORTED WOOD WALK BAYWARD OF THE BULKHEAD LIOE AT IMPERIAL SAVINGS AND LOAN. Reconuncr:da t.ion If desirod, approve the appl;cation subject --to the-auprova-1 of -the -- — Ti -S. .4rrny Corps of E•'ngi.neers# and the South Coast Regional Zone Conservation Commission and following special conditions: 1. That the walkway be open to the public 2. That the structure he maintained by. the permittee Disr.ussion This .11:plication rnnuires City Council approval under Section 5 paragrAph B and C-3 of the City's Harbor Permit Policies which state: "B. Prior appr-)val of the -City Council. will be required F)nforo the Marine Safety Department may issue any Permit t'rat does not conEorm to the Standard Harbor Drawings and the adopted llvrbor Permit Polivi.es." "C. Pri.cr approval of the City Council will also be required Fiefore issuing a permit for shore-connecto6 structures when: 3. TIM obULLinq upland property is zoned commercial." The Ion Koll Company wishes to construct the subject board walk to provido a soul:hezl, %Ixtensiari t2 a 6' wide walkway easement northerly of lmpurial Savings .ind Loan as shown on the at .ached drawing. This eas::r,:ent was required Is a cond.iLion of, approval on the Koll Companp's original harbor. pc:r.nit .approved by the City Council on May 29, 1973, and the Planning Commission's Use Pr.rmit 01630 approved December 14, 1972. , .orsa�ei�iii�Hl&fir;ik'r�lci�3ta',�Ic�r•cs; 9 Page 2. �Ihe Marine Safety Department staff has, conferred with the Community Dovel.opment Department on this application and it is felt that this boardwalk is a logical extension of the public easement requi.red'by the prior actions of the City Council and Planning Commission. The proposed boardwalk will be sir::1-ir in nature to that designed for t•!.e Rhine ,Nharf Pa.Yx, giving the public additional access to the tidelands. The reas')n the walk cannot be built landward of the bulk- head .line at this lccation is th.xt the Imperial Savings & Loan Buile- ing was constructed with limited bulkhead line setback. The headwalk of tree float structure approved on May 29, 1973, will be modified, as shown on the attached drawing, to accomodate the piling for the boardwalk. R. `E. RE131), DIRECTOR 1). ilarshbarger, Captain Marine Safety Department DH : GEl7 : l f Attachments i 0 f-:'•uoc� - Sr7-c--. .7 .•ter• 3y.� q T RK,1:" lt, 0VICINITY SgCT(—�l t{. i r�L•U.%:ice »J, C(.[t_:tir9 • :ra ys nr cvrr5 ;::; w nVa C... loom c—.nl5 n-,.-. rAN [cvun c..W vD.tr: r7srrrM+: r+r_ eszvira<� or r.!.3 xrnerr a nova" a.:r El�-:;�3� :.®" ..a. .".�: ...��3��.b v+i° Y � IE-r �i��.y-a'_�'•r" ..^-•a _f-/J--Y-�i�.iL�/.'1 7 ��Cf� ' dr<s r, 11 2-5 19 12 !7 Ya /Mr'{_�'CLt & �CST.GS t: L:Kr/V 17 6 • 1! �xu Drrc- rn�r-. • '�liCi N7 !C-?2 C!i?' O' NL�f:}tr/�-' r�QCCf �-I.�QZ'YJ_ F:.`1-73 n�nc.�+,.;-r •o �^ =1, �:�:-; May 29, 1973 TO: FROM: SUBJECT: MARINE SAFETY DEPARTMENT 70 Newport Pier MAYOR AND CITY COUNCIL Marine Safety Department ITEM . O. H-9 (b) HARBOR PERMIT APPLICATION'##124-3400 (LLATTERAS MARINA) Request to permit the construction of a public marina facility encompassing 840 linear feet of bay frontage containing 55 slips and 18 side -ties for a total of 73 docking spaces. LOCATION: Bayward of Via Oporto and Via Lido (in Central Newport) encom- passing the bay frontage from 370 feet North of Imperial Savings & Loan, including the entire 340 feet of Imperial Savings & Loan Bay Frontage, to 130 feet South of Imperial Savings & Loan. APPLICANT: Eastman-Koll Company, Newport Beach Application. This application involves three considerations. requests: specificaliy, the applicant 1. A harbor permit to permit construction of a consolidated marine facility, which when rebuilt will contain 55 slips and 18 side -ties for a total of 73 docking spaces. 2. Combine the five (5) existing harbor permits for the subject bay frontage into one (1) harbor permit to be held by the Eastman-Koll Company. 3. Permit slip construction to extend 20' bayward of the U. S. Pierhead Line to the U. S. Project Line in accordance with Section 23J of the Council's harbor Permit Policies. Project Description This harbor permit application is indirectly connected with the Lido Village upland redevelopment. The basic concept of the upland project is to construct a multi -story commercial parking structure in conjunct- ion with the remodeling of a number of existing,bayfron-t structures and the addition of one new structure fronting on the bay. The marina 1 Page two portion of the project consists of redesigning the slip' and side -ties bayward of approximately 500,' of bay frontage and constructing slips bayward of Imperial Savings & Lban, where none exist at the present time. 1. SLIPS - Currently, within the subject tidelands zopp , there are five separate harbor permits, four of which are held .by 4r. Koll and one by Imperial Savings & Loan. Combined within these permit zones, are 26 slips, 15 side -ties, for a total of 41 docking spaces. The proposed reconstructed marina, including new slips bayward of the Imperial Savings & Loan property, would accomodate slipsfor55 tenants and space's for 18 side -ties. The total increase in docking spaces would be '22. 2. RESTROOMS - There are three (3) men and women restroom facilities plus one toilet and wash basin within the proposed marina zone. To meet the requirements of the harbor permit policies, the one toilet and basin facility would need remodeling to accomodate men and women separately. 3. PARKING - The existing off-street parking is limited and serves both the slip tenants as well as the contiguous apartments and commercial businesses abutting the tidelands. The staff was unable to ascertain the number of off-street parking stalls alot- ted to the existing harbor permits within the proposed project zone. The original harbor permits were approved in the early 1950's prior to the adoption of the Council's Harbor Permit Policies. To meet the requirements of the harbor permit -policies the appli- cant proposes to provide 55 parking stalls for the proposed marina. It is the staff's understanding that 25 stalls will be located in the upland parking garage and 30 stalls will be provided conti- guous to the proposed marina. _ Background 1. The City of Newport Beach Planning Commission on December 14, 1972, in summary, approved the following: 11 a. Use Permit #1636, for the.parking structure, subject to 16 conditions. Two of the condit-ons of approval indirectly relate to the harbor permit. These are: 1. "That the applicant make an irrevocable offer to dedicate a public easement adj5cent to the bulkhead for the entire 360 feet of bay frontage, and at least one easement extend- ing from Via Oporto to the bulkhead. Said easements shall be designed and located in a manner meeting the approval of the Director of Community Development. These offers shall be exercised by the City upon completion of the remodeling or March 1, 1974, whichever occurs first." 2. "That approval of this use permit does not include any approval of plans for the proposed expansion of the adjoining marina facility." Page Three b. Accepted the'E:1.R. (E.I.R./NB-72-020) and approved the following findings: 1. That the report addresses itself to the six areas specifically referred to in Section 21100 of the Public Resources Coda. 2. That the basic land use is compatible with surround- ing land uses. 3. That the major adverse environmental impacts created by this project will be increased traffic volumes and a change in the scale of structures in the area. 4. That these impacts will be off -set by the creation of new public access to Newport Bay and will be minimized by the Conditions of Approval of Use Permit Application No. 1636. NOTE: The E.I.R. did not directly address the marina portion of the project. The staff in turn has reviewed the proposed marina regarding construct- ion with reference to the California Environmental Quality Act and can find no significant adverse environmental impact, at this time, by construction of this project. 2. The Joint Harbor Committee on May 8, 1973, on a three to one vote recommended approval of the harbor permit application subject to the following conditions: a. Conditions recommended by the Marine Safety Department staff as restated under "Recommendations". b. That a sewer pump -out system be provided _n accordance with adopted City policies and/or ordinances subject to future Joint Harbor Committee review. c. That the proposed public walkway be 8' in width. (Identified by the Planning Commission Condition #7). d. That there shall'be no live-aboards within the marina. Recommendation If desired, the staff recommends approval of the Harbor Permit Application,, #124-3400, subject to the approval of the U. S. Corps of Engineers and following conditions recommended by: A. Staff 1. Proposals for the control of debris shall be submitted to and approved by the Marine Safety Director prior to the demolition and/or removal of the existing slips. 2. That sewer services necessary for a pump -out station or stations be provided in a'manner satisfactory to the Public Works Depart- ment. Page Four 3. That a commercial fire protection system be installed in accord- ance with plans'approved by the Fire Department. 4. That any domestic .water services and/or electrical service'revi- sions and new installations on the slips be installed under s permit obtained from the Department of Community Development. 5. That no dredging be allowed unless a separate "Dredging Permit" has been approved by the City, U. S. Corps of Engineers, and Santa Ana Regional Water Quality Control Board. 6. That the proposed project comply with Sections 17, 18, and 19 of the Council's Harbor Permit Policies detailing the parking require- ments, safety requirements, and sanitary requirements. � B. Joint Harbor Committee 1. That a sewer pump -out system be provided in accordance with adopted City policies and/or ordinances and shall be subject to future Joint Harbor Committee review. 2. That the proposed public walkway be 8' in width. 3. That there shall be no live-aboards in the marina. (Discussion 1. The prior approval of the City Council is required on this appli- cation because: a. The proposed harbor permit application abutts upland property that is zoned commercial. b. More than one slip or float is requested ba;ward of a single parcel. c. The proposed slips will extend 20' channelward of the U. S. Pierhead Line. NOTE: Section 231 (Page 11) of th-) Council's Harbor Permit Policies States, "U. S. Bulkhead Sta. No. 122 to 125- Piers or boat slips may be permitted to extend 20 feet channelward of the U. S. Pierhead Line." •• y (The Marina projeYct is within these identified bulkhead zones.) 2. Application to the U. S. Corps of Engineers will be made if the City approves the Harbor Permit Application. r Page Five 3. The applicant, intends to construct the redesigned proposed marina in phases so as to avoid displacing as few slip tenants as possible. 0 DH:lf D. Iiarshbarger, Captain Marine Safety Department r. 3 71i ��}'� aAae RaKn S- ti 'au;I� MLU_ a_ _ VICINITY SIN=- W SGnivy: 3i" Uiz C�:.15 IIL'W M ['� �'•9'Jd Li W 1 I II i ij - ", R r r�aorc u. c s- - �• i .��-.( i� �. it i� j - i' t i - 0.S C!!tia }Y� C -< sd IIi1LL . _ n tl 1.+.._'+s,�` s --_.r �• �-. _ __ _ _ _ arc —__ 'n " . ..q c 2_-'. 20 - 19 1 77 '� _ ----�lv?�.?.CL SS1i1/•nGJ'_ (_� 'N __ 7 G 5 4'J G {1 G'Ci !VQ /Gz2 C!T' Or" GLICL( 1 Ii:ett ilo. �,•• PLANNING COPIMISS•ION APPROVED USE PERMIT APPLICATION tlii. 15,36 ON DECEI-IBER lh, 1972, SUIJECT TO THE FOLLOWING CONDITIONS: I. The applicant shall IInter into an agreement •with the City of NewGeach toile the necessary parcel map. 2. That the existing wa er and sewer fines crossing the sit:: be removed where the conflict with new building construc- tion, and that the s,�ubs be revised as necessary to serve the new building or b,e terminated In a manner satisfactory to"the Public Works Department. 3. That the easements orb portions thereof from which the utility lines have belen removed be vacated and abandoned. h. That all construction work aFfecting the water and se:•ier lines, and the street improvements within the public right- of-way, be shown on a standard plan prepared by a licensed civil engineer. 5. That the applicant en Newport Beach guarani the existing commerci Via Oporto and Newpor plans and statementp and that the remodel! This agreement shall the City Attorney and of any building permi ,er into an agreement with the City of eing that the proposed remodeling of 1 and residential structures bet:ieen Bay will substantially con Form to the ubmitted as part of this application, g be completed prior to March 1, 19711. e prepared in a manner sat'isFactory -to shall be executed prior to the issuance S. 6. Prior to the -issuance of building permits for the proposed remodeling, the of Community Dev�alopment Directorshall review the plans to ensure that the intent of this use permit is fulfilled. i - 7. That -the applicant ma public easement adjac of bay frontage, and Oporto to the bulkhea located in a manner m Community Development City upon completion whichever occurs firs e an irrevocable offer to dedicate a nt -to the bulkhoad for the entire 36C -(,I;,t least one easement extending from Via Said easements shall be designed Inc! eting the approval of the Director- of These offers shall be exercised by the F the remodeling or March 1, 19'•It, 8. 'that approval of this fuse permit does not•'inciude any approval of plans for the proposed expansion of the adjoining marina facility; however, 25 parking spaces for the marina expansion have: been provided. E1. That the applicant shall prepare' plans for special straetsrc:;rr. treatmcan t along Via Oporto. Said plans shall be rev-! ewad anti apProved by •the City sjtaff and, the City Council. 10. That the parking structuro be cons-truc;ted 'in substantial rom- pl�iance with the plans submitted. ' 11. That the private alley behind the existiind shops •front•ing on Viii Lido be designed ill such a way as to pr'ovirk! adirtiva%e del -ivory space•Y.o the shops. Pe.gn .1 rip. I Item Flo. ' y-2 12. That a validation system shall be implemented which1ri11 provide short-term customer parking for the existing shops on Via Lido and all n m shops and offices. 13. That none of the park ng spaces shall be reserved, 14. That the public curb parking spaces _not be removed until the parking structure lis"completed. 15. That the applicant initiate a.'request to extend a center median in Via Lido across Central Avenue. 16. That left turns onto Via Lido from the Via Lido exit be prohibited. 0 C c 0 /ddb 1L-I5-12 DON AUGUSTINE VINCENT H. CHIEFFO GARY J. COHEN ROBERT E. GIPSON KENNETH L. KRAUS EDWARD S. LABOWITZ DIANNE CAPLAN LEBOVITS BRUCE ST.J LILLISTON GERALD E. LUNN. JR. SCHUYLER M. MOORE PETER R. PANCIONE KENNETH 1. SIDLE BRUCE P. VANN CHARLES AHN LAWRENCE R. BARNETT PAMELA J. BARON GREG S. BERNSTEIN JACK BRANDON PATTI C. FELKER G. RAYMOND F. GROSS SCOTT D. HARRINGTON JOHN R. MCHALE RICHARD R MAN SON STEVE ROGERS JANINE A. SMITH SHEILA L. SPARKS ROBERT H. STEINBERG LAW OFFICES (iIPSON HOFFMAN & PANCIONE A PROFESSIONAL CORPORATION Ia6B CENTURY PARK EAST SUITE 1777 LOS ANGELESr CALIFORNIA 90067 (Z131 5S6-4660 September 2, 1988 Carole A. Korade, Esq. Office of the City Attorney P.O. Box 1768 Newport Beach, California 92658-8915 Dear Ms. Korade: OF COUNSEL RICHARD S. BRAWERMANR ROBERT BRENNER PETER M. HOFFMAN MARK J. RICHARDSON STEPHEN E.SCHERER ALLEN SHAPIRO TERRY A. TEGNAZIAN •A PRoressiO AL CORPOM ON TWX 9104902531 GHSTLAW TELECOPIER (213) 556-6945 R FILE NO: F 'RlE(CE11vvb X-A Iftnnlr, IDeTro;trrl�nt , r_. L SEPOS1988 Crry nI= NEWPO CALIF. EACH, 7 " David Schultz and I would like to thank you and your staff for taking time to meet with us last Thursday morning. I have reviewed my notes of the meeting, a copy of Olen Properties' letter to Peter Carlson of February 25, 1988, and the other material concerning the denial of public access across the Imperial Savings & Loan property owed by Olen Properties. I was particularly stunned to see the February 25, 1988 letter from Olen Properties to Peter Carlson. The assertions in that letter are so far beyond any comprehensible interpretation of the facts that it is essential that I respond on Mr. Schultz's behalf. The 1974 agreement provides that access is to be maintained across the Imperial parking lot to the concrete sidewalk as long as the concrete sidewalk is available for public use. Furthermore, even if Mr. Olenicoff were to construct a boardwalk bayward of the Imperial Savings & Loan property (which his attorney, Mr. Studer, volunteered to do at a cost of $100,000), this would still not reduce the need for access across the Imperial parking lot as is set forth in Paragraph 8 of the 1974 agreement. Indeed, only at such time as the owner of parcel 3 (currently Mr. Schultz) builds a boardwalk in front of his parcel is the owner of parcel 3 required to provide public access. There is no requirement that the owner of parcel 3 provide bathroom facilities on parcel 3. The operator of the marina provides toilet facilities as required and, after conversations with Peter Carlson and the other individuals involved, we have learned that the toilet facilities are available elsewhere north- west of parcel 2. LAW OFFICES GIPSON HOFFMAN & PANCIONE A PROFESSIONAL CORPORATION September 2, 1988 Carole A. Korade, Esq. Page 2 In the February 25, 1988 letter Mr. Olenicoff asserts that Mr. Schultz haq denied public access across his property. Mr. Schultz stated that there is no lock on the gate and that access is provided at all times to users of the docks in front of parcel 3. Access through the Schultz property is not intended for the general public and, indeed, there is no easy access from parcel 3 to the concrete sidewalk or the boardwalk at the end of the ' Imperial Savings property other than by traversing the floating docks. As was pointed out in the meeting, the docks are unsuitable for heavy public use (i.e., they may -pitch and roll in rough swells, there are no hand rails, boats are tied up nearby and so forth). At the meeting you said that the City would merely interplead between Mr. Schultz and Olen Properties in an attempt to provide the access required pursuant to the 1974 agreement. However, you also shared with us the City's view that floating docks are not boardwalks. Thus an interpleader action is inappropriate. An interpleader implies that opposing positions are being asserted by claimants to a fund. In this case we only have one claimant, Olen Properties, which has concocted the theory that through the passage of time the floating dock has somehow magically transformed itself into a boardwalk. Olen Properties is in violation of the 1974 agreement with Newport Beach and it is not appropriate that Mr. Schultz be dragged into a fight which he did not start, in which he supports the City's position, and which no one (other than in an untenable claim by Olen Properties) has asserted is Mr. Schultz's problem. I wish to once again set forth Mr. Schultz's desire to cooperate with the City in every way. He is even willing to dedicate a public easement along the northern boundary of his property adjacent to the Imperial Savings & Loan property to provide for public access to either a newly constructed boardwalk or an extension of the concrete sidewalk bayward of the Imperial parcel. While this would be a substantial increase in the burden to which Mr. Schultz's property is put, it would once and for all settle any potential concerns that his neighbors may have regarding access. On behalf of Mr. Schultz I request that the City take whatever action it believes necessary to convince Mr. Olenicoff to live up to the 1974 agreement and re-establish historical access. Should he wish to discuss a way of limiting br controlling the access across his property by providing for the LAW OFFICES GIPSON HOFFMAN & PANCIONE y A PROFESSIONAL CORPORATION September 2, 1988 Carole A. Korade, Esq. Page 3 mutual easements that we discussed Thursday morning, we would be glad to do so. However, for Mr. Schultz to be interpleaded with Olen Properties would be an unfair burden on Mr. Schultz and an abdication of the City's responsibilities. In closing, I remain available to discuss any of these problems with you at any time and to cooperate in every way with the City of Newport Beach in providing public access to the concrete sidewalk and boardwalk at the Imperial Savings property. Mr. Schultz and I look forward to seeing you on September 22, 1988. Thank you for your cooperation. GJC:sus GJC44 cc: David N. Schultz Peter Carlson ./ Tony Melum Jim Sinasek Ronald W. Lyster, Esq. aA _1� CITY OF NEWPORT BEA OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-891 (714) 644-3131 October 14, 1988 Thomas S. Levyn, Esquire Agapay, Levyn & Halling 10801 National Boulevard Suite 400 Los Angeles, CA 90064-4184 Don Studer, Esquire 17991 Cowan Irvine, CA 92714-6047 Re: 3366 Via Lido, Newport Beach Dear Sirs: G� Gary J. Cohen, Esquire Gipson Hoffman & Pancione 1888 Century Park East Suite 1777 Los Angeles, CA 90067 As you may remember, we met on September 22, 1988, to discuss various options pertaining to the public access problem at 3366 Via Lido. At that meeting, various solutions were proposed and I was advised that the parties would discuss the matter and would advise as to its status. This is the three week follow-up reminder letter. It would be greatly appreciated if I could be advised of the status on this problem. Thank you for your time and attention. Very truly yours, Carol A. Korade Assistant City Attorney CAK/mlh cc: Tony Melum, Marine Department Jim Sinasek, Planning Department Peter Carlson, Planning Department Craig Arthur, City Attorney Office David Schultz Igor Olenicoff Sidney Buck C. Michael Maher 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 October 31, 1988 Thomas S. Levyn, Esquire Agapay, Levyn & Halling 10801 National Boulevard Suite 400 Los Angeles, CA 90064-4184 Don Studer, Esquire 17991 Cowan Irvine, CA 92714-6047 Re: 3366 Via Lido, Newport Beach Dear Sirs: Gary J. Cohen, Esquire Gipson, Hoffman & Pancione 1888 Century Park East Suite 1777 Los Angeles, CA 90067 Attached is a copy of my (still unanswered) letter of October 14, 1988, requesting the status or resolution of the problem. Please contact me at your earliest convenience. Thank you. ry gord yours, • r6t-41,4 Assistant City Attorney CAK/mll enclosure cc: Tony Melum, Marine Department Jim Sinasek, Planning Department Peter Carlson, Planning Department Craig Arthur, City Attorney Office David Schultz Igor Olenicoff Sidney Buck C. Michael Maher NAP 3300 Newport Boulevard, Newport Beach i CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Thomas S. Levyn, Esquire Agapay, Levyn & Halling 10801 National Boulevard Suite 400 Los Angeles, CA 90064-4184 (714) 644-3131 November 18, 1988 Gary J. Cohen, Esquire Gipson, Hoffman & Pancione 1888 Century Park East Suite 1777 Los Angeles, CA 90067 Don Studer, Esquire 17991 Cowan Irvine, Ca 92714-6047 Re: 3366 Via Lido, Newport Beach Dear Sirs: As you are aware, the problem at 3366 Via Lido remains unresolved. To my knowledge, there has been no progress and I have not been advised of the status or resolution. Please be advised that if this matter is not completely resolved on or before January 2, 1989, I will have no alternative but to seek authorization from the City Council to commence litigation seeking compliance with the public access requirements. Your prompt attention to this matter is required. Vert trulyppp yours, t � Carol A. Korade Assistant City Attorney CAK/mll cc: Tony Melum, Marine Department Jim Sinasek, Planning Department Peter Carlson, Planning Department Craig Arthur, City Attorney's Office David Schultz Igor Olenicoff Sydney Buck C. Michael Maher J REOEIVF. Plann pen�r t NOV181988 , N�PORT b / CkIF. W t;H 3300 Newport Boulevard, Newport Beach /' k x CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, GA 92658-8915 Thomas S. Levyn, Esquire Agapay, Levyn & Halling Fourth Street 10801 National Boulevard Los Angeles, CA 90064-4184 Gary J. Cohen, Esquire Gipson, Hoffman & Pencione 1888 Century Park East Suite 1777 Los Angeles, CA 90067 Re: 3366 Via Lido Dear Sirs: (714) 644-3131 August 31, 1988 Don Studer, 17991 Cowan Irvine, CA Esquire 92714-6047 PU�'3�1�8 A meeting has been rescheduled. The meeting that was scheduled for September 20, 1988, at 10:30 a.m. has been changed to S_entember 22 1988. at 10:30. The meeting will be held in the City Attorney's Office. If you have any questions, please do not hesitate to contact me. Thank you. 6 ry trul o os, WOV- i(auk Assistant City Attorney CWmlh cc: Tony Melum, Marine Department Jim Sinasek, Planning Department ✓Peter Carlson, Planning Department Craig Arthur, Law Clerk David Schultz, David N. Schultz, Incorporated Igor Olenicoff, Olen Properties Corporation Sydney Buck, The Koll Company 3300 Newport Boulevard, Newport Beach 4,A* CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Thomas S. Levyn, Esquire Agapay, Levyn & Halling Fourth Street 10801 National Boulevard Los Angeles, CA 90064-4184 Gary J. Cohen, Esquire Gipson, Hoffman & Pencione 1888 Century Park East Suite 1777 Los Angeles, CA 90067 Re: 3366 Via Lido Dear Sirs: (714) 644-3131 August 29 1988 Don Studer, 17991 Cowan Irvine, CA Esquire 92714-6047 A meeting has been scheduled for September 20, 1988, at 10:30 a.m. in the City Attorney's Office regarding 3366 Via Lido. If you have any questions, please do not hesitate to contact me. Thank you. M truly Vrau'' Assistant City Attorney CAK/mlh cc: Tony Melum, Marine Department Jim Sinasek, Planning Department ✓feter Carlson, Planning Department David Schultz, David N. Schultz, Incorporated Igor Olenicoff, Olen Properties Corporation Sydney Buck, The Koll Company .J 3300 Newport Boulevard, Newport Beach TO: CITY OF NEWPORT BEA OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 Donald M. Koll 4343 Von Karmen Newport Beach, CA 92663 Tom Levyn, Esquire Donald E. Studer, Esquire Agapay, Levyn & Halling Igor M. Olenicoff Fourth Street Olen Properties Corporation 10801 National Boulevard 17991 Cowan Avenue Los Angeles, CA 90064-4184 Irvine, CA 92714-6047 Re: 3336 & 3366 Via Lido Dear Sirs: As you are aware, there continues to exist a serious problem pertaining to public access over a portion of Parcel 2 and Parcel 3 at approximately 3336 and 3366 Via Lido, Newport Beach. The following question remains unanswered: Is the construction bayward of Parcel 2 and Parcel 3 considered docks or boardwalk? if the construction is considered boardwalk, then public ingress and egress is required over Parcel 3. If the construction is considered dock (and not a boardwalk), then public ingress and egress must be continually maintained over Parcel 2 until such time as the boardwalk extended bayward of Parcel 3. It is the City's current position that the construction bayward of a portion of Parcel 2 and Parcel 3 must be considered docks. We would like to resolve this without the necessity of litigation. To that end, an office conference has been scheduled for Monday, July 18, 1988, at 3:30 p.m. in the City Attorney's Office. Failure to attend will result in the City filing a lawsuit, based upon available information. V y t i6yo s, Carol A. Korade, Assistant City Attorney CAK/mlh cc: Jim Sinasek, Code Enforcement Peter Carlson, Code Enforcement Tony Melum, Tidelands Administrator 3300 Newport Boulevard, Newport Beach June 17, 1988 Thomas S. Levyn, Esq. Agapay, Levyn & Halling Fourth Floor 10801 National Blvd. Los Angeles, Ca. 90064-4184 RE: Lido Village Marina Access Dear Tom: Yesterday, I received a phone call from Craig Arthur of the City of Newport Beach, inquiring about an update on the access issue in Lido Marina- I have not had a response to my letter of May llth, requesting your clients cooperation in solving this matter. I believe that the City has been cooperative and patient with us and it is important that we provide them with an answer at the earliest possible time. Would you please respond to both the City and myself on your client's position on this issue? Sincerely yours, OL N PROPERTIES CORP. Igor M Olenicoff President IMO:dr J bc: Mr. Craig Arthur, City of Newport Beach Y 17991 Cowan, Irvine, California 92714-6047 (714) 863-4163 May 11, 1988 Thomas S. Levyn, Esq. AGAPAY, LEVYN & BALLING Fourth Floor 10801 National Blvd. Los Angeles,. -Ca. 90064-4184 RE: Lido Marina Village.- Public Access Dear Tom: a, CITY OF t4NlPORJ pLACH, I have today received a letter from Mr. Craig Arthur of the ""City of Newport Beach. I have enclosed a copy -of his letter, which..is.self-explanatory. As you can see, Mr. Arthur wants to have a resolution of this matter within the next seven days. I would appreciate your conferring -with Traweek and gaining their concurrence that the public may. continue to proceed down the ramp to the floating.'dock/boardwalk,adjacent to our seawall to the easterly border of our property. If Traweek concurs with this position, this will alleviate any need to make any physical changes in the project as it now sits. The public in fact does have access to this area of boardwalk since the little gate at the top of the down ramp has never been locked and at times has been missing. Alternatively, I think that this could turn into a real mess for .all parties since I have no 'intention of allowing the Marina residents' and visitors to access the Marina through my property.• I feel that it is incumbent upon the Marina operator to provide such access and at the far end of the Marina, namely, in and through Lot 31 there is a recorded easement'to allow the public access to the Marina. I feel this is the ,better alternative for all concerned since it will provide the ".-Marina­residents access directly to the street, which they, now don't, have. The new owner of Parcel 3, the apartments, has blocked off that access and it will be incumbent upon the City of - Newport: Beach• to enforce and keep open the access through Parcel 3. I look forward to hearing from you, or feel free to contact the.City of Newport Beach directly. Sincerely yours, OLENNPPROPERT;ES CORP. Igo�`/M Olenico#f " IMO:dr President Encl. a/cc: Mr.,Craig Arthur, City of• Newport Beach 47994 Cowan, Irvine, California 92714-6047 (714) 863-1463 Y CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 May 9, 1988 Mr. Igor M. Olenicoff Olen Properties Corporation 17991 Cowan Avenue Irvine, CA 92714-6047 Re: 3366 Via Lido, Newport Beach, California Dear Mr. Olenicoff: At our office conference on April 20, 1988, it was decided that you and Tom Levyn would discuss the matter regarding public access over the above -referenced property. It has been over two (2) weeks since that meeting and we have not heard from you. Please inform us within seven (7) days of the date of this letter what your intentions are in solving this problem. Your anticipated cooperation is greatly appreciated. Very truly yours, (, tax y acz" Craig Ar ur Administrative Law Clerk CA/jc cc: Mr. Peter Carlson 3300 Newport Boulevard, Newport Beach April 21, 1988 Thomas S. Levyn, Esq. AGAPAY, LEVYN & HALLING Fourth Floor 10801 National Blvd. Los Angeles, Ca. 90064-4184 RE: Lido Marina Village - Public Access Dear Tom: Pursuant to our telephone conversation yesterday, this letter will explain my position in regard to public access across my property to the Lido Marina Village boardwalk which exists in front of the City National Bank Building. The City of Newport Beach is insistent on maintaining the right of public access to that boardwalk, which was a condition of the original development plan as approved by the City for developer Don Koll. Specifically, the City. of Newport Beach, Don Koll and Imperial Savings and Loan entered into an agreement which, among other things, provided for the right of public access to the boardwalk/tidelands, which agreement is dated May 16, 1974. For your ease of reference,, I have enclosed a copy of -the agreement. The purpose of the agreement is set forth in Paragraph D on Page 1, which was "to guarantee the construction of a boardwalk for reasonable public access bayward of a portion of Parcel 2." Until such time as a boardwalk was constructed. bayward of Parcel 21 connecting the boardwalk in front of Parcel 1 to the contemplated boardwalk in front of Parcel 31 Imperial agreed to allow public access through its parking lot to the boardwalk in front of Parcel 1. Furthermore, it was Don Koll's� responsibility, or his successor's, to construct such a boardwalk at no expense to Imperial Savings and Loan. Don Koll's plan for development of Lido Marina Village was approved on that basis. Once the contemplated boardwalk was constructed bayward of Parcel 31 Imperial's obligation to provide public access across its parking lot could be terminated (See Paragraph 9 and 10 of the enclosed Agreement.) In fact, you will find that Don Koll did construct a boardwalk bayward of Parcel 3 and Parcel 2 which connect to the boardwalk in front of Parcel 1. For your ease of reference, Parcel 1 is the City National Bank Building, Parcel 2 47991 Cowan, Irvine, California 92714-6047 (714) 863-1163 Thomas S. Levyn, Esq. Page 2 is my property formerly owned by Imperial Savings and Loan, and Parcel 3 is the apartments adjacent to my property to the southeast, formerly owned by Bob Glasser. You will find that the issue of public access across Parcel 3 was formerly disputed and resolved that it was, in fact, a condition to the development of the marina. Not only was the public access provided through that property, but also certain required restroom facilities were installed therein, immediately adjacent to the public access driveway. The only issue is whether the section of floating dock/boardwalk which connects the boardwalk attached to the bulkhead in front of Parcel 1 is the extension of the public access boardwalk between Parcel 1 and Parcel 3. Originally, Don Koll contemplated attaching the boardwalk to the bulkhead in front of Parcels 2 and 3 similar to what existed in front of Parcel 1. However, after having his engineers studied the matter, it was clearly evident that by attaching the boardwalk to the bulkhead,. he would lose 2 slips adjacent to the bulkhead in order to provide room for the boardwalk. By making the dockwalk and the boardwalk one of the same, would save approximately 10 feet of Newport Bay waters for use as slips. Don Koll then applied to the Harbor Department for a modification of his permit for the construction ,of the marina. The Harbor Department approved this modification and so informed. the City of Newport Beach that it would allow the "proposed boardwalk to be similar to in nature to that designed for the Rhine Wharf Park, giving the public additional access to the tidelands." (See attached memo from Marine Safety Department to Mayor and City Council of Newport Beach, dated January 28, 1974.) The letter further goes on to say that "the reason the walk cannot be built landward of the bulkline at this location is that Imperial Savings and Loan building was constructed with limited.bulkhead line setback," and this alternative would "give the public additional access to the tidelands." The floating structure that was previously approved then was modified to allow a ramp from the fixed boardwalk in front of Parcel 1 down to the floating boardwalk which was constructed within one foot of my property's bulkhead. Physically, there would be no room to construct a boardwalk attached to the bulkhead because it would be directly over the floating bulkhead. This alternative then solved everybody's concerns, namely, a boardwalk connecting Parcel 1 to Parcel 31 providing public access between the two. I have'a set of plans in my possession, obtained from the City records that show the boardwalk modification, from attached to bulkhead to floating. Should you wish to view them, please let me know. The reason this issue has arisen now is because Olen constructed a gate between the fixed -to -the -bulkhead boardwalk and my property, preventing public access through my property to the docks. If you review our settlement agreement, you will find that the cost of installing that gate was -borne equally Thomas S. Levyn, Esq. Page3 i between Traweek and Olen. The reason I closed off our parking lot was because the boat slip tenants were using the parking lot for parking, and a loading and unloading staging area for the boat slips. Furthermore, trash generated by the boaters was being deposited into the trash bin on my property. When the boaters went shopping, they would bring the groceries back in the shopping carts from the market across the street and leve the carts in my parking lot. Some of this is still continuing, however, since I blocked off the access, it has been at a tolerable level. I believe that the City of Newport Beach would be satisfied if the small swinging gate at the top of the ramp, which leads from the fixed to the bulkhead boardwalk down to the floating boardwalk, was removed so that the public would not be intimidated from proceeding down to the floating boardwalk in front of Parcel 2 to Parcel 3. Thereafter, I see it as the City's responsibility to obtain access through Parcel 3 to the street which has now been blocked off by that new owner. I see that as being an improvement in your client's current situation on the dock where the public and the slip tenants have no access out of the marina area except to walk all the way back through the village, northwesterly of Parcel 1. The present condition creates a 'bottleneck at the end of the marina. The open public access through Parcel 3 would alleviate this condition. I would appreciate your gaining your clients' concurrence that the public can traverse on the floating boardwalk in front of Parcel 2. I believe that this condition is already part of the agreement entered into between Koll, Imperial, and the City of Newport Beach. Best regards, OLEN PROPERTIES CORP. Igoenicoff President IMO:dr Encls.: Agreement/Don Koll, Newport Beach, Imperial Savings dated 5-16-74 Memo from Marine Safety Dept. to Mayor & City Council of Newport Beach, dated 1/28/74. cc: Carol A. Korade, Asst. City Attorney, Newport Beach Peter Carlson, Asst. Code Enforcement Officer, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT, BEACH, CA 92658-8915 (714) 644-3131 April 5, 1988 R P41 f, C (kAl Mr. Igor M. Olenicoff R 619g8 Olen Properties Corporation 17991 Cowan Avenue �C4t CAC& Irvine, CA 92714-6047 Re: 3366 Via Lido, Newport Beach, California Dear Mr. Olenicoff: This office has been informed by our Planning Department that you are in violation of an agreement associated with Resolution No. 8249 regarding public access over the above -referenced property. The most recent letter sent to you on March 22, 1988 requested that you provide public access to the boardwalk; remove both of the gates and any signs stating that this area is restricted to private use; and contact Peter Carlson, Assistant Code Enforcement Officer, on or before April 2, 1988 for a reinspection appointment. Since you have not cooperated with the request, this matter has now been referred to this office for further action. In an effort to resolve this matter without resorting to court action, an office conference has been scheduled for April 25, 1988 at 3:30 P.M. in our offices. Failure to appear, as scheduled, or to promptly notify this office of an alternative date and/or time for the office conference, will result in this office initiating appropriate legal action, based upon available information. Should you have any questions regarding this matter, please contact Craig Arthur, Administrative Law Clerk, at 644-3131. Thank you for your anticipated cooperation. V truly yours, m / Carol aKorade Assistant City Attorney CAK/jc cc: Peter Carlson 3300 Newport Boulevard, Newport Beach March 11, 1988 Mr. Peter Carlson Asst. Code Enforcement Officer Planning Department City of Newport Beach P. O. Box 1768 Newport Beach, Ca. 92658-8915 Re: 3366 Via Lido, Newport Beach, Ca. Dear Mr. Carlson: We are in receipt of your letter dated March regarding the above -referenced property. I appreciate information which you forwarded to us, however, after such information with our corporate counsel, we have a opinion about our obligations to provide public acce boardwalk through our parking lot. 8, 1988 all the reviewing differing ss to the I am hopeful that you will not interpret this letter, namely, as an obstinate and unjustifiable refusal to provide public access when we are obligated to do so. On the contrary, we are prepared to provide the public access if we are obligated to do so, even though we believe it to be contrary to our interest. To that end, however, we will require additional information and ask that you consider the following facts before renewing your demand for us to provide public access: 1. A copy of the Resolution #8249 which you provided us, as well as the attached Agreement which is undated, was not executed by the Mayor of Newport Beach in 1974, which makes both the Agreement and the Resolution of no force or effect, pursuant to the language in the Agreement. The copy provided also shows no signature of Mr. Donald Koll, also an integral requirement of the Agreement. If a fully executed copy exists, I would appreciate receiving a copy of such document. 2. Your letter states that the boardwalk does not extend beyond Parcel 2 to Parcel 31 the apartment house complex. I would disagree with this position because if you investigate the City of Newport Building and Planning files, as we have done, you will find that the boardwalk was extended via the dock, as opposed to a boardwalk attached to the bulkhead. This modification was approved by the City Planning and Building 17991 Cowan, Irvine, California 92714-6047 (714) 863-1163 Mr. Peter Carlson Page 2 March 11, 1988 staff at the time of construction. Pursuant to this modification and extension of the boardwalk, our obligation to provide access ceases, assuming we have a fully executed agreement. Specifically, I would refer you to Paragraph 7 and 9 of the Agreement. 3. I would further disagree with your position that a boardwalk was not constructed bayward of Parcel 3. In fact, that boardwalk was constructed and has been in existence, and was for years used as the major access point to the docks. It has been only during the past two years that access point was closed of by the owner. Additionally, your letter makes no mention or response to my position that restroom facilities on Parcel 3, as well as access, were an integral part of the Koll development as approved by the City of Newport Beach and the Harbor Department. Again, I would draw your attention to the Harbor Department permit and the plans for the development in the City records. 4. The Agreement also provides for reasonable safety and security measures to be taken by Imperial, or their successors, to protect its business and property. I believe that we are taking just such steps in restricting public access because we have not been provided with any liability insurance from either the City of Newport Beach or the successors to Koll and can not expose ourselves to the potential liability claims we could be faced with by providing public access through our property. I would again request that you consider our position in regards to the public access which you request be provided through our property. Sincerely yours, OLEN PROPERTIES CORP. C) ao� a 4 ��t/ Iggo M. Olenicoff President IMO:dr March 11, 1988 Mr. Peter Carlson Asst. Code Enforcement Officer Planning Department City of Newport Beach P. O. Box 1768 Newport Beach, Ca. 92658-8915 Re: 3366 Via Lido, Newport Beach, Ca. Dear Mr. Carlson: We are in receipt of your letter dated March 81 1988 regarding the above -referenced property. I appreciate all the information which you forwarded to us, however, after reviewing such information with our corporate counsel, we have a differing opinion about our obligations to provide public access to the boardwalk through our parking lot. I am hopeful that you will not interpret this letter, namely, as an obstinate and unjustifiable refusal to provide public access when we are obligated to do so. On the contrary, we are prepared to provide the public access if we are obligated to coo so, even though we believe it to be contrary to our intetest. To that end, however, we will require additional information and ask that you consider the following facts before renewing your demand for us to provide public access: 1. A copy of the Resolution #8249 which you provided us, as well as the attached Agreement which is undated, was not executed by the Mayor of Newport Beach in 1974, which makes both the Agreement and the Resolution of no force or effect, pursuant to the language in the Agreement. The copy provided also shows no signature of Mr. Donald Koll, also an integral requirement of the Agreement. If a fully executed copy exists, I would appreciate receiving a copy of such document. 2. Your letter states that the boardwalk does not extend beyond Parcel 2 to Parcel 31 the apartment house complex. I would disagree with this position because if you investigate the City of Newport Building and Planning files, as we have done, you will find that the boardwalk was extended via the dock,,_as opp=ed.—to a boardwalk atta�.e to tip h ead. This (modification, —was approved by the City Planning and Building 17991 Cowan, Irvine, California 92714-6047 (714) 863-4163 Mr. Peter Carlson Page 2 March 11, 1988 staff at the time of construction. Pursuant to this modification and extension of the boardwalk, our obligation to provide access ceases, assuming we have a fully executed agreement. Specifically, I would refer you to Paragraph 7 and 9 of the Agreement. 3. I would further disagree with your position that a boardwalk was not constructed bayward of Parcel 3. In fact, that boardwalk was constructed and has been in existence, and was for years used as the major access point to the docks. It has been only during the past two years that access point was closed off by the owner. Additionally, your letter makes no, mention or response to my position that restroom facilities on Parcel 3, as well as access, were an integral part of the Koll development as approved by the City of Newport Beach and the Harbor Department. Again, I would draw your attention to the Harbor Department permit and the plans for the develop em ntin—the City records. 4. The Agreement also provides for reasonable safety and security measures to be taken by Imperial, or their successors, to protect its business and property. I believe that we are taking just such steps in restricting public access because we have not been provided with any liability insurance from either the City of Newport Beach or the ,successors to Koll and can not expose ourselves to the :potential liability claims we could be faced with by providing public access through our property. I would again request that you consider our position in regards to the public access which you request be provided through our property. Sincerely yours, OLEN PROPERTIES CORP. a4�69& Ig��ff M. Olenicoff President IMO:dr CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (714) 644-3216 March 22, 1988 Igor M. Olenicoff Olen Properties Corporation 17991 Cowan Irvine, CA 92714-6047 SUBJECT PROPERTY: 3366 Via Lido, Newport Beach, California Dear Mr. Olenicoff: We are in receipt of your letter dated March 11, 1988 regarding public access over the subject property. In your letter you stated four arguments opposing our request to provide public access over the subject property. Here is our response to each of your arguments: 1. Enclosed is a copy of the signed agreement. 2. In your letter you stated that "the boardwalk was extended via the dock, as opposed to a boardwalk attached to the bulkhead." The docks are not considered public -right-of-way and therefore cannot be considered an extension of the boardwalk. 3. The issue of the restroom facilities located on Parcel 3 is an issue that is mutually exclusive of our request to provide public access. This is an important issue and can be dealt with separately with the Harbor Department and Planning Department. 4. Granted, the agreement does provide Imperial with the right to provide for reasonable safety and security measures. It even allows Imperial the right to restrict public access to portions of Parcel 2; provided "however, that the public shall not thereby be denied reasonable access to the boardwalk as long as this agreement is in effect." Unless you can provide substantial proof which would terminate the agreement associated with Resolution No. 8249, there would still be a violation of this agreement. Therefore, within ten days from the date of this letter, you are to: 1. Provide public access to the boardwalk; 2. Remove both of the gates and any signs stating that this area is restricted to private use: 3300 Newport Boulevard, Newport Beach Igor M. Olenicoff 17991 Cowan Page 2 3. Contact the undersigned on or before April 2, 1988 for a reinspection appointment. Thank you for your help in resolving these problems. However, should you choose to ignore our request, this matter will be referred to the Office of the City Attorney for appropriate action. Also enclosed for your convenience is a copy of your letter of March 11, 1988. To discuss this matter, you may contact the undersigned between the hours of 7:30 and 8:30 a.m. or 4:00 and 4:30 p.m. at the above phone number. Very truly yours, PLANNING DEPARTMENT JAMES D.H) KER, Director Peter Carlson Asst. Code Enforcement Officer PC:11 Enclosures xc: Craig Arthur, City Attorney's Office CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 PLANNING DEPARTMENT (714) 644-3216 March 8, 1988 Igor M. Olenicoff - Olen Properties Corporation 17991 Cowan Irvine, CA 92714-6047. . SUBJECT PROPERTY: 3366 Via Lido, Newport Beach, California Dear Mr. Olenicoff: Pursuant to your letter of February 25, 1988, the City is aware that the boardwalk has been extended 47 feet southeasterly and bayward of Parcel 2 as referenced in Condition No. 5 of Resubdivision No. 433. However, public access has not been provided to this boardwalk. As stated in the Agreement of Resolution No. 8249 (enclosed), Condition No. 3 states that "Imperial shall allow public access to the boardwalk over a portion of the concrete sidewalk located bayward of the two-story building on Parcel 2. Imperial shall allow access to the concrete sidewalk over the parking lot located on Parcel 2." In your letter you expressed two main concerns. One was that the apartment complex to the south must also provide public access to the boardwalk. This is not possible since the boardwalk does not -extend past Parcel 2, so there is not a point where access could be obtained from the apartment complex to the boardwalk. The second concern expressed •in your letter discussed the use of the parking lot by marina operators. Condition No. 12 of the enclosed agreement states that in no way is Imperial required to grant rights to the public to use the parking lot. - However, it- is the responsibility of Imperial to enforce 'this provision. Therefore, -according to Resolution No..8'249 and=its accompanying agreement, you are to; 1. Provide public access to the boardwalk; 2. Remove both of the gates and any signs stating that this area is restricted to private use; 3. Contact the undersigned on or before March 23, 1988 for a reinspection appointment. Thank you for your help in resolving these problems. However, should you choose to ignore our request, this matter will be referred to the Office of the City Attorney for appropriate action. 3300 Newport Boulevard, Newport Beach Iger M. Olenicoff 17991 Cowan Page two To discuss this matter, you may contact the undersigned between the hours of 1:30 and 8:30 a.m. or 4:00 and 4:30 p.m. at the above phone number. Very truly yours, PLANNING DEPARTMENT. JAMES D.. HEWICKER, Director By / Peter Carlson Asst. Code Enforcement Officer PC:1L Enclosures xc: Craig Arthur, City Attorney's Office Building Department i Mn�� February 25, 1988 Mr. Peter Carlson Asst. Code Enforcement officer City of Newport Beach P. O. Box 1768 Newport Beach, Ca. 92658-8915 SUBJECT PROPERTY: 3366 Via Lido, Newport Beach, Ca. Dear Mr. Carlson: We are in receipt of your letter sent to Ms. Lynn Jaxon of Imperial Savings, our tenants on the above -referenced property, a copy of which is attached for your ease of reference. We have been aware of the "reasonable public access" condition as approved by the City of Newport Beach in ccnjunction with the development of the Lido Village Marina. After having our counsel again carefully review the language, we do not believe that we are in any way in violation of those conditions. Specifically, the City adopted a resolution requiring that a public accessible boardwalk be built bayward of our parcel. That, in fact, has been done and is in existence. This condition did not imply or intend to provide public access, to that boardwalk through our property. The intent always has been that public access to that boardwalk would be through the property to the south and north of our parcel. Specifically, the apartment project to the south of our parcel was the access point to the tenants. and boardwalk, and furthermore, provided the required restrooms for the use of the marina tenants. When that property owner chose to close off the public access through his property by construction of a gate, this forced all of the public access to the marina through our property. As previously stated, this was not the intent and we tolerated minimal public access through our property, but found that after the required public access to the adjacent property was closed off, we could not, and had no requirement to, allow all of the public access being through our property. The Marina operators have allowed their slip tenants to park in our parking lot, load and unload food, beverages, and gear from our parking lot, dump marina trash into our trash bins, and hold public parties on the land bayward of our building adjacent to the public boardwalk. Our inability to control this type of activity caused us to terminate the limited public access we were willing to tolerate previously. The public access, and more specifically, the 17991 Cowan, Irvine California 92714-6047 (714) 863-1163 Mr. Peter Carlson Page 2 abuse of our parking facilities by marina tenants, has disrupted our tenants' use of the premises which they lease from us. I would suggest, that the City enforce the public access through the Lido Marina Village and the adjacent apartment project complex adjacent to our property where it was always intended and required by City ordinance. Furthermore, we believe that the restroom facilities which were planned and constructed at one time in the apartment complex be reopened for public use, because the lack of restroom facilities for marina tenants has further caused unnecessary problems for us. I have personally witnessed our parking lot being used for restroom facilities by guests and tenants of the marina. Without creating an ongoing obligation, we would be happy to discuss providing limited public access through our property for pedestrian use if the Lido Marina Village operators placed a security guard, or other means of keeping out unauthorized vehicles and curtailed the use of our parking lot facilities by marina tenants. Barring such assurances, we cannot allow our rights to quiet enjoyment of our property to be disrupted by unauthorized and non -general public use of our property. We would be happy to meet with all related parties to see if a resolution of this matter can be achieved. Sincerely yours, OLEN ROPERTI CORP. Igo Ma Olenicoff President IMO:dr Encl. 8 fin A��;�s February 9, 1988 City of Newport Beach P. 0. Box 1768 Newport Beach, CA 92658 SUBJECT PROPERTY: 3366 Via Lido, Newport Beach, California Dear Mr. Carlson: I am in receipt of your letter of recent date regarding subject property being in violation of Condition No. 5 of Resubdivision No. 433; i.e., not providing "reasonable public access bayward of Parcel 2." Imperial Savings is not the owner of the subject property, nor do we have keys to unlock the gates mentioned in your letter; therefore, we have forwarded your letter, plus enclosures to: OLEN PROPERTIES 17991 Cowan Irvine, California 92714-6047 (714) 863-1163 Cordially, Lynn Jxon Branch Sales Manager LJ/blw cc: Olen Properties Newport Beach Office • 3366 Via Lido • Newport Beach, CA 92663 • Telephone (714) 673-3130 A SUBSIDIARY OF IMPERIAL CORPORATION OF AMERICA L t. CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (714) 644-3216 February 8, 1988 Lynn Jaxon Imperial Savings and Loan Association 3366 Via Lido Newport Beach, CA 92663 SUBJECT PROPERTY: 3366 Via Lido, Newport Beach, California Dear Ms. Jaxon: It has come to the attention of this department that at the subject property there is in violation of Condition No. 5 of Resubdivision No. 433, by not providing "reasonable public access bayward of Parcel 2." This condition was agreed to be met as a provision of Resolution•8249, issued on May 13, 1974. :. •:: •....... Therefore, immediately upon...receipt of this letter, please unlock both of the gates so as to provide public access bayside of the subject property. To discuss this matter, you may contact the undersigned between the hours of 7:30 and 8:30 a.m. or 4:00 and 4:30 p.m, at the above phone number. Thank you for your anticipated cooperation in helping us to resolve this matter. Very truly,yours, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By/ ' - ; •G Peter Carlson Asst. Code Enforcement Officer PC:11 Enclosures 3300 Newport Boulevard, Newport Beach 1W .r. RESOLUTION NO.89 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH, IMPERIAL SAVINGS & LOAN ASSOCIATION, AND DONALD M. KOLL, FOR BOARDWALK AND PUBLIC ACCESS IN CONNECTION WITH RESUBDIVISION No. 433 WHEREAS, there has been presented to the City Council of the City of Newport Beach•a certain agreement between the City of Newport Beach, Imperial Savings & Loan Association, and Donald M. Koll, for boardwalk and public access in connection with Resubdivision No. 433; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable, and in the best interests of the Cil:y; NOW, - THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said access agreement 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 13th day of may, 1974. Mayor ATTEST: City Clerk ;, ,1/,•, ). �ir w J' �i:.:� A4i%:� �4yM1'rn! :r; J:dtil ;;•;,Y�S-: T This Agreement is made and effective this day of , 1974, between IMPERIAL SAVINGS AND LOAN ASSOCIATION ("Imporial"), DONALD M. KOLL ("Koji") and tho CITY OF NEWPORT BEACH ("the City") with reference to the fol- lowing facts: A. imperial is the owner of that certain real property described in Exhibits "A" ("Parcel 111) and "B" ("Parcel 2'11) at- tached hereto and by this reference made a part hereof. B. Koji is the owner of that certain real property des- cribed in Exhibit "C" ("Parcel 311) attached hereto and by this reference made a part hereof. C. Imperial has agreed to sell Parcel 1 to Koji pursuant to an Agreement of Purchase and Sale of Real Property between Imperial and Koji. D. The Planning Commission of the City has approved a Resubdivision (Resubdivision No. 433) allowing the sale of the property to•Koll on condition that prior to the recording of a Parcel Map, Imperial shall furnish the City with an agree- ment satisfactory,to the Director of Community Development and the City Attorney quaranteeing the construction of a boardwalk for reasonable public access bayward of a portion of Parcel 2. THEREFOREt the parties hereto agree as follows: .'�.i.9.':�1,�1J��dNY.4!��f.11�;�k��h�1�11W Z:;1�N)•R��Yl:'�'ft'.: 7,'a..i v,ftitti 4.t`rtn��_.. ....t :t �. n�..,. .n'..:,� .� � :It '�, �: f.t,'-^�`:{yr YS;S ".v� Tnau,�a !'iiLi\O�l�h hnYli.°f%'r,{ lli.P.-�2).iii: `i•�i6a:%i'.Y'���V...�N �i'F: •��'�'•„�.^'ai•..�Y�?'i. i:Yii:�••�1. .. .: C, V'.I ,P_r`n'i(.,�,�. iv�5'4t1•^ur �h:%�; I, ,:i',�B.,•::`��iC.„rn= l••' �, ., tl r�:'Sx^ t.• ylu i, y1^ !' :�, . '' ' ,� �A, � Y�� N1. �'.• 1�J'••I„ 11y� �R ' .Y�':J '`r�l ': t� q •� '3�w, •�. {��. Y.t Y .a' � .''{'•�.'.r.':.w`.ry.''+��ii�,.S.7 �,,•dp �rr: �"'�'^3 Y,�,, rail;"r ;r, .�,•�,,5'.�;: :.i 'v,,, •.;t „ q•t •' ,.' �' •�#�!�' �•,; F ,.,: bayward.,of � • ', .2. .AJibardwalk.,for' reasonable:;'pt�}i] ie:' access„o a,portion'of Parcel%2, ('"the boardwalk"j,'extending,forty-seven a• ; (47) feet southeasterly Parcel 1 shall be constructed by Koll at no expense to Imperial. The public access referred to herein is pedestrian access. 2. said boardwalk shall be so,constructed as to provide a southeasterly extension of the boardwalk proposed for construc- tion by Koll bayward of Parcel 1 and shall be completed within one year following the recordation of the Parcel flap of the Reb•.ib- division. '(see plot plan attached hereto as Exhibit "A-1") 3. Imperial shall allow public access to the boardwalk over a portion of the concrete sidewalk located bayward of the two-story building on Parcel 2. Imperial shall allow access to the concrete sidewalk over the parking lot located on Parcel 2. Access from the concrete sidewalk to the boardwalk shall be con- structed by Koll at no expense to Imperial. 4. If the concrete sidewalk is ever utilized by Imperial, or its successor -in -interest, to expand the two-story building now located on Parcel 2 or to construct another building in its place, the rights of the public to access to the boardwalk across the concrete sidewalk shall terminate. S. This Agreement shall be recorded in the Office of the Recorder of Orange County, together with the following notice -specified in S813 of the California Civil Code: }�; �.`;,.^ , .i:++ i"'•',d't., Yt!'y'"'.�v2_ 'fy. ,It�j • .i,�'ff �4 V" j+a >�. r 1 �r rYr�; $1' .H. 7+' R ! Y. .k ,. ,r �, Y'I'1��: h1•' ' i'!� 1't 4� �':ff'� ���t•. 1 •: tA.y.t �RC'�i� t t..YI i 7; �,4t r, �'�C. 1, {;.r ��.. �{;. ` q• lrrl it ' n' i Y I i r Ni;ig�, t�i. r. r ryg�� �1f+kx.. �: �.'.d' , }J• �l1 '.,,��' ,1r:.t'�:.'�it�l��s�'.i�ll..^e+:���tys,"�SM?��tf'ir� ih4•�i'� ,'.�;1i�'�ilEt'1�tiCaiGS�s�.{4'l�r�v}�i!�',��ihCte°���9 TES Y s 0 ry�•*�z slur: g ; g Ran Y- _ n ^ram/'>( J+••S`•'l vt °ii°••, D"'.:.i� "•t':'. N, ".'�ii; r.. . lb.4llA ` .t .ir :::' '''ar �. ra [r 1 y !• '� , ., ? ,ruit.•v J1r .:•G:n:A 4•e P J�',. , n .{; ••' c �••.,� ;/•4'i TYt.�h •..i'•:•Ii M.}�P 1::'i� } •t ..1.; � -l$�1 :i...a .,,a/; r'S`'!i'r�, i f�.]7pe ' •7.'h'.ul::rvj'rS f! :1 ab br �. r -1,+1'i: rx.'C: r�,^i:�'`, i'f•.+{�'L. �;'p; �.Yai.:,` i,, '� S•!rh?,.S=;cep+k�r?;� ��rarLtrti ,�ht,,,.j..,. r,l�4li• d ., ... ,.• ..•- •,�r. ht;of:the public or-Any•person"to make any whatsoever:''of':the6'Above described'•land or any por •:tionnthereof (other than ;any use expressly allowed by ...a written or recorded map, agreement, deed or dedication) .is by'•permission', and subject to control, of owner: 'Section 813, Civil Code." Upon commencement of any expansion or construction on the area now utilized as a concrete sidewalk, a notice of revocation of the 5813 notice shall be recorded by Imperial in the office of the Recorder of Orange County. A copy of such notice shall be mailed by Imperial to the City Attorney of Newport Beach and to Koll. i The notice of revocation shall state that the rights of the public to access over'the concrete sidewalk are'terminated but that the rights of the public to access to the extended boardwalk over the parking lot located on Parcel 2 shall continue as provided .in ..this. ,Agreement. 6. In the event of such termination, Koll agrees to con- .` struct an extended boardwalk southeasterly of the boardwalk bayward a of Parcel 2 as may be .required by the City. Construction of such i extended boardwalk is not a condition precedent to the termination ,r of the right of public access across the concrete sidewalk. 7. The rights of the public to access over the concrete sidewalk shall be terminated upon construction of a boardwalk extending southeasterly of the presently proposed boardwalk bayward of -Parcel 2, whether or not the concrete sidewalk still exists. If puch a boardwalk is ever constructed by Imperial, Koll or any +-3- ' iTi.S?SE •. 1 - i, fk*'ICE.^ V7 {rl�nf •.1a Sa of`` +7.�.�vF .w Q>:,W'l•' r.�N fi Tr'' T!•� 7,`P7" i:. litvCJ '{: ?Jf 'l.i Yf'. .flr i•F 4. t, C. :C. '• :}. •. a t .4 Jx' A., t • M.Mv.. '(a , Th.. { :;,} . 1 .. d,l . i .S• ,• a i.• 1 7. r \n i. k•:iit 'LS'^ :.•: �.h`'." .'l 'yi !Yy t... Y •.�,, $! :•ti° I' f8 �Lll=3'%:Aa 1•;fF:.lC.',{'h,. � l C' �l%n 4'•• I•. ...' �• c' !'thamtiinperiai',mayf'reaord.;a;';notice'oiz.re=,' ',e'T.•other:"petson0r:e'ri1. ;n .�' '. et. •'{'i-:yi i.lr•w..a.ap?'Iyys �f4,.t1 .•�..; .t ..It i�"•n.... y^sY,'s. vocation..as iih:i;Section'.;b. hereoE';and,• the ,right of';public. •provid'ed :,. 1 the `.I oncrete,sidewalk• shall' immediately; terminate. accessoverf A copy,o;:such noticeJshill mailed by imperial to the City Attorney .be of Newport Beach,and'to Koll. 8. Upon cchstruction of an extended boardwalk southeasterly of the boardwalk to be constructed bayward of Parcel 2 Imperial shall allow public access to the boardwalk over the parking lot r located on Parcel 2. Access from the parking lot on Parcel it. 2 to the extended boardwalk shall be constructed by Koll at no expense to Imperial. The location of such access shall be de- signated by Imperial. 9. If Koll or his successor -in -interest constructs a I ,S? rc boardwalk bayward of Parcel 3, Koll covenants and agrees to � allow public access to such boardwalk over Parcel 3. •f4'. Koll's agreement -to allow public access over Parcel x' 3 to any boardwalk constructed bay;aard of Parcel 3 is a covenant made expressly for the benefit of Parcel 2 and is intended by Koll and Imperial to ',ae a covenant running with both Parcel , 2 and Parcel Vas provided in Civil Code Section 1468. Said A covenant effects the use of Parcel 2 and is expressly made binding upon successive owners of Parcel 3 for the benefit of .1 Parcel 2. 10. Upon construction of a boardwalk bayward of Parcel 4 c 3, imperial may record a,notice of revocation of the S813 notice, provided for in Section,S,hereof, in the Office of the County F� y 'Re order of',Cj`e aunty'a:j&mail`a copy of; such :notice ;to'the .' nil4tl + •M.K. !x Y:sr ,! r.;rOrany,�Y.14n��A'if.'�..rirt'%/i, �Yt�:G';'1'.i,�;lt ror,`^•,%�,:k''i ;'A;:l, 'ir ''�f"+.f. •ry:.r :fP ve.•. i�V;"t'S ra'r„ q'YJri4r 41'�... ye nA'9;dr vtww •op t.rr ,�V n:,.�: _ i.. :a'•..iJ "' t!• of r .. ,.� ,`•• ..,.�i I,x if,,h k,r, : •'• �c7; A„ 5 ':11 e''"N � � 4 '�fj'L. Pt .:�;.,a• •.r rJ9 t�+' f } Y�P6r,• C•' ,'. " i. Tp. �. i;{ ta•:f :t '} Said- noti'ce"sHaT7', ;, city,..AtozrieYt.d'f;,i�ewport,+D@ach';;and µ;, state+•.that''sail riyhts'�:ofth'•, .,• Ficcess„ove;r,,•, •the, pa'rkinge-:w •ubl c'%to;{t ,• lot • on. Parcel' 2 an d¢'all public access 'across Parcel`.2• provided ' under.•the terms of this Agreement•is terminated. ' 11. Nothing contained herein shall be construed as an express or implied dedication of any rights to the boardwalk or of any easement or access rights, or any other rights over de property of imperial or Koll, to the public and no common law dedication of access or easement rights., or any other rights ; over the property of Imperial or Koll or over the board- }< ,x walk shall arise by virtue of the terms of this Agreement. 12. Nothing contained herein shall be construed as an x express or implied grant or dedication of any right of the i� ..public .to..park vehicles -in the -parking lot .located on Parcel 2. �w ;= �. Px.rking privileges in that lot shall continue to be reserved for invitees of Imperial or its successor -in -interest. i �h 13. Imperial may take such reasonable safety and security -, measures as it deems necessary to protect its business or property including restricting public access to portions of :f Parcel 2; provided, however, that the public shall not there- by be denied reasonable access to the boardwalk as long as this Agreement is in effect. 14. Koll is presently leasing from Imperial the property bayward of Parcel 2. Therefore -the boardwalk, and any extension, thereof, bayward of Parcel 2 shall be maintained and repaired by !"n i Koll. q ',. .iYY •e , tr'`� 1. ' `"4i t^,'1'l r}}f�' �1•rp e4 Gt �1• t ,: !r {Z�n.l frti lYlytir, yV:.+j�.'', .'tlr lrl. •' 4 � 'j..� Y i ,•�is'�.' �'•d 1 r, 1' 1 +1'c d f4 w r 1 n„: f.i r '•!''•' ��.. �r ( y 4t"`i•,v ��ilfLil1N ►/:i:r=1,dZAFtlYI� tl. Jl's.. .. •' �� 751 1:2 bhSP .a x•a .3. i ! i• S / r - q 'i �'„ ('•• Lr\' h"•; S'4 `` •� i 3 Sat I � QJ�r'� IY rhl'"Li �rxxr�r 11 i'YI I� ii�i1:YC *., , ,'f "r'.L 1' •/. 1 .S •!! 1+i; r'{ \ 1• E tM S i:%, y 1, �' ' t'!� t '?f;, •f'�rti: ';f 1 -�,'; .F,+ l+'FMr,i�r•,, f, 'AA;rn•, +,+Flyp•rh:'I iY., rp r}1 F r k S Ov,j fi'a ^'rtth' /S 1' .ti, .... 7'.:''•y .4f. li?yyf' •"l%ra ' a i `}•.'x.,. � '3; it �: r'. sr S. I �` executeds;b• theMaof `the • '''�' 15.;y�;Thi�sYAgreement••is'u.tof,be;' Y • .'i.+ •i .I .:r �•, r. .�i :,F1 :},'x:{,W�1S�:`:s 'i�'Fr"iat a.. �'iy 5..; ';., .5;. �},r,..r, .w. .. '. , a§olutiori"of the City Council City purseanti},to�'a.:d`uly?adopt'ed,"r of.*,Newport'Seach. 16:'1 ThiseAg"•reement and'every covenant and condition con- tained herein shall be binding upon and shall inure to the Denefit of the. parties'.heseto,•dtheir heirs, personal representatives, successors or.assigns. 17.'. The parties,%hereto may•seek injunctive or other appro- priate relief to enforce the terms of this Agreement. 18. In the event that any party hereto shall institute any legal action or proceeding against the other party on account of the other's failure or refusal to perform or fulfill any of the terms of this Agreement on his or,its part to be performed or fulfilled, then it is agreed that in any such action or pro- ceeding the prevailing party shall be entitled to its reasonable costs therein and such further and additional sum as and for its attorneys' fees as the court in such action or proceeding may adjudge to be reasonable. 19. .Whenever possible, each provision of this Agreement shall be interpreted in such manner as to'be valid under appli- cable law, but,'•i£ any provision of this Agreement shall be deemed invalid or prohibited thereunder, s+ich provision shall be ineffective to the extent of such prohibition and invalidating which shall not invalidate the remainda: of such provision or the remaining provisions of this Agreement. , � 'I :.,f4 jt`i: }Iq •;R? p•y' r '' ,1. • ,ra t . � •ZC ' •'til ''S r';x li�i•' ,f �oi�� I. 'Fr�l.iir''!'3�i; :; .r i,i.�'i� '�'r r.�".. �: .' `1', .1'oi. 1'Sr#1}'p it i }r :c5 i. ilc.ri..'fs 'a.',G :�s�... �tal..,. .`a.. l.:5•. w'_ � .,..'S •,�...�i r.l, nr.r... '_i: ..�J. ,.y. a :. 141.r4Qt i'".... i .+�@ A�:W"I`lfR;'�'t'�rJ/fS+'�.ti1�'W�{�n�.F„1'tj!1i�A`ir.?:f'M1{yT.+.rr�,�yfl:;'.rµ:i:}':•t"i•7'%ySN•v'y�{•'�:i': J:ir ti �'i- Ti• � , •ft n , f .. ,'. :. .'.� �i,.: f: �,`f: ..``..j.f �'r.v. :.`.'i.i .. °,... M1(a fti+`.•.: �. f, •.i. IN WITNESS:YIHEREOI i..'tihe;parties',hereto haye.,executed "this ement on,the d'ay''and .year• :First .above 'written.;'. IMPERIAL SAVINGS & LOAN ASSOCIATION. DONALD pi. KOLL ' By Dona M- Y,o yr CITY OF NEigPORT BEACH By Mayor OVED BY: :�tor o Commun ty Development A torney -7- ':v�'"'i:'! •/P+;N'1d;:Kw L cilr p'' p&;N!�;� �a"1,! 1, !I!?: vt- t': t•rj n ! C tU' }` :. "..•..'I ,y t � i;1;,1'1 � w !t , 1' i 1 .13 t ' � r n i,,.r. t'1-:% o•�' r :..., '•! ! i fq ;ti: •t�'„ 't .�(; F t M" r +1 i�•. a. "'a^�Q •,i. ,��1i,..yF V61, Y7:`. .• "f t. t i1> My+'i.1 }'Y�'. S :t:t �• ywk4•y i}}.. 1�.!•�y �Xiii111�1}i,� 'ti 1irl i''+ �I •, • v! 1 .%t, xr� `T`c .nth .1. I (�:tN (y�i}iy SP f ,� t'•i'�:,• .:�1� •y,�;. , • "t. �t J1�� •l .. ::i "..I + 1'�til: Jt .>4 rl>k. o.•:�.•1�5:., H, :'•, j••' :.X, C � tF'S+'� IgJi' I:': , t, t I'�-.1 •;` •' i '• - v+�y�hv j�'3L+kt.:.:^e i.,�A4t .'�4. Ni:. �'=J it'. a'f it teil;4'• f,sv�7''.,r ., .•; {+� zXFiTHIT.",A" .. °r-Y :',;yt ; .C°r "'c' ',ti �,•'''-•' .',,r: •°'. ' ,•, yF •' N, 1;• 1. ' lit DESCRIPTION:OF PROPERTY 1. The southeasterly 40 feet of Lot 15, all of Lot 3.4 and the northwesterly 30.+75 .feet of -'Lot 13 of Tract 1622, County of Orange, according to map recorded.in Book 47, Page ; 39 of Miscellaneous Maps;•Records,of said Orange County.. tip•,'' .• ..I.��:,.:�;;,�.:I. •' I .. •. , ,.� j�.t� !`.'ti!� I}1.'iiitN�i:M114�t�d�f%Y��lr'�i�LTM4Y�� q ., .5,i a' y1 . t • ti+A '" k,: s:'Yf;;::i::i,U:r4�.>Pn,d';>jii•u;: ryr,iq r�T,�+:"'ik"u•;•k` s,Frr-a�.r�,.,aiiFtL"n7�`,(4r�m;k v,y. Ke{.i �Yi •'Y,itaH ti'i: v;e, :rme �'i:;i», :xr.t(.•v_�.'�itY i^,+i•"',; r:ia .rI; -iS r•r.,:��^•.l'}'i;FtF:'ir:a�'h•, �'F `i''?P''•.i �,1"4'X. yr,,�.La 7rryfI }MCut.3.F4�i;"[C;c�--i'�' h,�v,OEc,�'� 0}?E:Rrj'Yir`;bn y,�ETIQ�i. RO I. ``t•,t''-"•'S`, :mot'.'^, ;,µ 3 >a�v3•b•;t+.p'i:?ry4G DE/SCK „ita.,i: ,r-,•{1i•. •�"'.:i�(.,i `r-^.�� 1 .} ,.��..yti: •�i ;;r,;r :�'"� :/,. i.. � }•�y. t.ai%ir;,tr.%%.++;•,i; C.:6_. v:'�, m.•r•• 't • •.y` `5 .:2;+rt ,F, i��it'�.•k�r; .rrn,�:�i•e,A.L'"nt:.�y,�{.l}r ,.... ,.yy ya'}-,r�.Ni1N' _, , ,.k �Ij'r .a;::vcy 'F:i+FS .:Z":v;: ;rw'i tC�r::;�ti.,, rY,44,"itt$• `;`'n.' ',r....-; '•'�•-O£ LOtS $'+ i+ r , �` - � , . > . ".•i•:Srs.,,.tt<:� -,. ,.:'•,• hOt' all, 's`• sterJ. �' 20'c:£eet�''o�f'.`� ,. orthtae �:r' 30 feet of,Lot " northw.esterl} j2'.and 13 eicCept .tHe.. `q • . �3 .o£.xraot'',16?2+'County' o£ ;Orange, as sho: n' on the dap 9'o£.tiisc in Bellar; so Maps, filed in xecordedQ .,,pk: �7,` ;Pag?:',3, .,.,' •. , ' the;OfEipe•;of the ;Recorder'., of, said .County.. •iA'' _ R�a�'•.a '�`••�. ^.'S,:.r': :�t`,t.'„-.•+r"x^ry;Y l't:F, �,\c�.i-.r;�l�q�;ti�^.i�' �4r': -- •'i'•r;$'t, :�J-.. ,)l'-M• 4 r.�'•c\44 :44 yM}'i14\i/p; Gt%, Y: y.^'•.• 1 ti„yKi- iy5 ';��•� '`%f"�L9:'r. :y!,. _ � ait}: N.�;r,• ,�.:ej:.�, �; ,�•r,:• <<>�iafi{.;.y ';'^,: 4:aE•' 6� i ?.� :o-, �.; :. - ,�4.`<%��; i'• ,?••i.p T %l>. Ji�. 'rr'=.;`n$i :r'1'i'ii/;K.ij�ret w,Rri.t•s'"R Jn#':' •�:. .4- + °r'F'O?,: i''r�rSJy $•: 5, .�,v'� 4�'.' � �7. �r,. •$•6:'i'+'.t' v'�'�i :$RYY J:34 X��:I'El�,a y,, A-a� oC', j.';'T�e k•J�.�•. i., rS,::+i :iP...°C.-$.:%•q'rvL••• ''•\•'., `t, v a.; >6� v : •' � ., k h ir' "l r 7`t:.,,Xu p yy :.7` •5'; t ;'- •S' .;^4.s �,. C; a'' r, it r. }� r{3,�` j+��p $C C., . ytl 9 1 ��` c. �:•� �1r^• •t y �`}",.. ,y{' •i}i•ry et..$� { '7 :s.: 4 'ii�i%(L� 5:�'^�`ti "�. •}ari.��� V � j, Tr�� �]::�iiJ i''.'',�i �if" (,1y,� ,,yt I�t , )��-vrG�'�`1R t �,' .� Nc wb. , N'•y'• YO 14z �J'r 41+ )rn , • n,'tl,1i•ul^". _ .,.r'4 n'i• fiY `%'•�:% •�h:� a + $t'iF.u[:�(i 4:t•:�i�"e�Slel:U6''�ria5:.c;1n•!r..irci�'n,��{�.�•,riP,±.,s,�i/.�:5'N, w�'.ss.`•._1�^cS.,x..Y,'iv1. f,l,�h'a, Ba6i�,..'r'.'.;� r �Wl` MM "jkPvRIAL; S4YjjjqS, &-LOAN ASSOCIATION nt_SecAetahY ugh6 �izta DON KOL. B 0 ATTEST: CITY OF ;qLp7PORT BEACH By Mayor APPROVE D Vec0ZrCo ity,.,Dev.. pment a. e ROVED AS. FORM! As%.tC3.ty Attorney' —7— i 1 PLANTCT- YTFA r is QC�S � G I < w/TOPER 4 ! N/ �� )r 1 J!L � / ' PL ANTC.. R(A i� l r w < e _ 0 k � O k V I f I � o V � O t v 1] I \ � ✓Np • 1 Z so S� l i r � Lf Vf� F t J V' IGy� •Y' ;.I. tt ,: { t ♦ VU ♦ 11 '. G 4 t G t to � ♦> - G qg 't 3 U.f. ..V'R /{%<KMYAD 6/rvJ IV ------------------- May 8, 1974 TO: City Council FROM: Department of Community Development nd Loan SUBJECT: Proposed Association, eDonald ement bM. Koll, etween mand �the Scity ga of Newport Beach, providing for a boardwalk and reasonable public access bayward of Parcels 1 and 2 of Resub- Division No. 433. Recommendation If desired, adopt resolution authorizing execution of the proposed boardwalk and public access agreement between Imperial Savings and Loan Association, Donald M. Koll, and the City -of Newport Beach. Background At its meeting of February 21, 1974, the Planning Commission approved Resubdivision No. 433 of the Don Koll Company, subject to the five conditions of approval as set forth in the excerpt of the Planning Commission's minutes which is attached hereto. Resubdivision No. 433 is a proposal of the Don Koll Company to divide the exist- ing Imperial Savings and Loan Association facilities located at 3366 Via Lido into two parcels. Parcel 1 is the site of the existing five -story building which will be purchased by Don Koll. Parcel 2 is the existing two-story structure which will continue by -Imperial Savings and Loan As to be owned and maintained socia- tion. Copies of the staff reports from the Planning Commission meetings of February 7 and 21, 1974, are also attached. Condition No. 5 of Resubdivision No. 433 provides: "That prior to recording the Parcel Map, the property owner shall furnish the City an agreement satisfactory to the Director of Community Development and the City Attorney guaranteeing the construction of a boardwalk for reasonable public access bayward of Parcel 2. Said boardwalk shall be constructed so as to provide a southerly extension of th-e boardwalk proposed for construction by the applicant bayward of Parcel 1 and shall be completed within one year following the record- ing of the Parcel Map." Pursuant to the above noted condition, a three-way agreement has been prepared and executed by Imperial Savings and Loan Association and Donald M. Ko11. This agreement has been reviewed by the City Attorney and the Director,of Community Development and found to comply with the requirements imposed by the Planning Commission. Execution of the agreement by the City is recommended. Respectfully submitted, DEPARTMLt4T OF COMMUNITY DEVELOPMENT R. V. HOOAN, Direc or Bytchnts � ssis n Director - anning JDH/kk Att far Council Only: rpt of Planning Commission Minutes dated 2/21/74 c 4 ,f;, 0n ran �^tr rf.l t nr1 91'i i 7 A Pn ri 9 JQ1 /7-1 'C1�L MARINE 'SAFETY DEPARTMENT 70 Newport.. Pier January 28, 1974 TO: MAYOR AND CITY COUNCIL FROM., Marine Safety Department SUBJECT: HARBOR PERMIT APPLICATION 11124-3400 BY DON KOLL CO. TO REVISE AN EXISTING PIPPI4IT TO INCLUDE A 7' WIDE PILE SUPPORTED WOOD WALK BAYWARD OF THE BULKHEAD LIVE AT IMPERIAL SAVINGS AND LOAN. Recommonda t.ion If desired, approve ti:e application subject to the approval of tl:e U. S. Army Corps of Engineers, and the South Coast Regional Zone Conservation Co:anission and following special conlitions: 1. That the walkway be open to the public 2. That the structure be maintained by the permittee Discussion This -application rr.quires City Council approval under Section 5 paragraph B and C-3 of the City's Harbor Permit Policies which state: "0. Prior approval of the Czty Council. will be required before the Marine Safety Department may issue any permit t':at does not conform to the Standard Harbor Drawings and the adopted Harbor Permit Poli0.es." 11c. Prior approval of the City Council will also be required before issuing a permit for shore -connected structures when: 3. The abutting upland property is zoned commercial." Tho Don Koll Col"pany wishes to construct the subject board walk to provide a southezly ,extension to a 6' wide walkway easement northerly of Imperial Savings and Loan as ;shown on the attached drawing. This casument• was roqu i-ted as a condition of approval on the Kell Company's origi.na.l harbor. permit .approved by the City Council on May 29, 1973, and Lhe Planning Commission's Use Permit N163G approved December 14, J.972. M .n•��i14`A�+�.���ilAW�t�f:f�71�C� L{lnr 's'.��l�ali��l!�r .. a Page 2. I 1.11 Mari Safety Department staff has conferred with the Community Dovelopment Department on this application and it is felt that this boardwalk is a logical, extension of the public easement required by the prior actions of the City'C•ouncil and Planning Commission. The proposed boardwalk will be similar in nature to that designed for t).d Rhine Wharf Parx, giving the public additional access to the tidelands. The reas•)n the walk cannot be built landward of the bulk- head .line at this lccation is that the Imperial Savings & Loan Suile- ing was constructed with limited bulkhead line setback. The headwalk of the float structure approved on May 29, 1973, will be modified, as shown on the attached drawing, to accomodate the piling for the boardwalk. R. E. REED, DIRECTOR D. Harshbarger, Captain Marine Safety Department DH:GEW:lf Attachments i s r� i� ' +•i'�ti"•":ar} '„•�., pr":•01•,,, `ui�••,: ',:.; �l;d.'iy. `i7 � {. ,+d�*,+.ci'. �.�" t:; • . i.t ..,.: , • , ,. + �At*TLe1. �... hk� �4' .� , .� r sn4 •.y ,. :ht: PRO PLANNING COIN -MISSION APPROVED USE PERNrT APPLICATION MO. 1530 ON DECEMBER 14, 1972, SUBJECT TO THE FOLLOWING CONDITIOPIS: 1. The applicant shall enter into an agreement with the City of Newport Beach to file the necessary parcel map. 2. That the existing water and sewer fines crossing the situ be removed where they conflict with new building construc- tion, and that the stubs be revised as necessary to serve the new building or be terminated in a manner satisfactory to 'the Public Works Department. 3. That the easements or portions thereof from which the utility lines have been removed be vacated and abandoned. 4. That all construction work affecting the water and sewer lines, and the street improvements within the public right- of-way, be shown on a standard plan prepared by a licensed civil engineer. 5. That the applicant enter into an agreement with the City of Newport Beach guaranteeing that the proposed remodeling of the existing commercial and residential structures between Via Oporto and Newport Bay will substantially conform to the plans and statements submitted as part of this application, and that the remodeling be completed prior to March 1, 19711. This agreement shall be prepared in a manner satisfactory 'to the City Attorney and shall be executed prior to the 'issuance of any building permits. 6. Prior to the 'issuance of building permits for the proposed remodeling, the Department of Community Development Director shall review the plans to ensure that the intent of this use permit is fuifilled. 7. That,the applicant make an irrevocable offer 'to dedical.en a public easement adjacent to the bulkhead for'the entire 360 ft. of bay frontage, and at least one easement extending from Via Oporto to the bulkhead. Said easements shall be designed and located in a manner meeting the approval of the Director o'f Community Development. These offers shall be exercised by the City upon -completion of the remodeling or March 1, 1974, whichever occurs first. 8. That approval of this use permit does not -include any approval of plans for the proposed expansion of the adjoining warina facility; however, 25 parking spaces for the marina expansion have been provided. <). That the applicant shall prepare' plans for special stractsc:!pe treirftm!.n'i along Via Oporto. Said plarls shall be re%,'ifn-1 ;:d and api:roved by theCity staff and the City Council. '10. Th::t the parking strncturc be constructed I 7UbStanLia1 ca;n - pl'iance wi th tho plans sulim'i ttod. 1 l . That the private alley behind the existing shops fron t••i n�; on ri'i i! L•i C,0 be doSigned in such a way as 'tu pr'ovidC1 adereli•.i%e delivery space to the shops. --r _6 Item No. ;-2 12. That a validation system shall be implemented which will provide short-term customer parking for the existing shops on Via Lido and all new shops and offices. 13. That none of the parking spaces shall be reserved. m That the public curb parking spaces not be removed until the parking structure is completed. 15. That the applicant initiate a request to extend a center median in Via Lido across Central Avenue. 16. That left turns onto Via Lido from the Via Lido exit be prohibited. /ddb 12-1542 C(&AMISSIONERS CITY OF NEWPORT BEACH rr 4 Regular Planning commission Meeting MlrourEs mpAo ` Place: city council Chambers X,1m Time: 3:30 P.M. r_�...... 01 107A INDEX avu a.�u T� r • ✓ — ` Present X X X * *Arrived at 7:00 P.M. Absent I X E)- ICIO MEMBERS R. V. Horan, mmunity Development Director David R. Baade, stant City Attorney Benjamin B. Nolan, C ngineer STAFF MEMBERS \^_ James D. Hewicker, Assistant Director - Wing William R. Foley, Senior Planner Shirley L. Harheck, Secretary Item A-1 Request to create two parcels of land where 7 lots RESUB- DrMTON and portions of 2 other lots now exist. Location: Lots 8 through 14 and portions of Lots 7 and 15, Tract 1622, located APPROVED at 3366 Via Lido, on the north- DI - easterly side cf V+a Lido, south- TTONTLY easterly of Via Oporto, in the Lido Village Area. Zone: C-1-0 Applicant: Don Koll Company, Newport Beach Owner: Imperial Savings and Loan Associa- tion, San Diego I Engineer: Raub, Bein, Frost & Assoc., Newport Beach Community Development Director Hogan reviewed and clarified Condition No. 5 as recommended by the staff which will insure public access adjacent to the Bay by means of a boardwalk and walkway. Public hearing was opened in connection with this matter. Tim Strader, Vice President of Don Koll Company, appeared before the Planning Commission and concurred with the conditions as recommended by the staff. Pegg 1... ' ^" ,.. �, s Ye r ,•'ern, �:.,{�'� ;;, :, .:'3 c'. Ji•;i,1', K •.i (, �1 a1fl v'd•••iS4• ',,..: ;.`.�:' ife 4%•q . ... , ., .�1 . CUMIMISSIONERS CITY OF NEWPORT EACH MINUTES ROLL f.', 1 m1p p February 21, 1974 INDEX Planning Commission discussed the boardwalk and Public access to the Bay. There being no others desiring to appear and be heard, the public hearing was closed. Motion IX IX Following discussion, motion was made to approve No. 433, subject to the following Ayes XI X X Resubdivision Absent X X conditions: IX 1. That a Parcel Map be filed. 2. That prior to recording the Parcel Map the applicant shall furnish the City an agreement satisfactory to the Building Official and the City Attorney guaranteeing that all require- ments of the Uniform Building Code shall be met within six months following the recording of the Parcel Map. 3. That all existing on -site and building identi- fication signs of Imperial Savings and Loan Association on Parcel 1 shall be removed at such time as Imperial Savings and Loan Associa- tion no longer occupies or conducts a substan- tial portion of its business from the existinq structure on Parcel 1. The size and location of all new signs on Parcels 1 and 2 shall con- form to the current requirements of the Sign Code. 4. That the pile supported boardwalk proposed for construction bayward of Parcel 1 and providing a southerly extension of the proposed 6 foot wide public walkway easement to the north shall be constructed as authorized by Harbor Permit No. 124-3400. 5. That prior to recording the Parcel Map the property owner shall furnish the City an agreement satisfactory to the Director of Community Development and the City Attorney guaranteeing the construction of a boardwalk for reasonable public access bayward of Parcel 2. Said boardwalk shall be constructed so as to provide a southerly extension of the board- walk proposed for construction by the applican bayward of Parcel 1 and shall be completed within one year following the recording of thel Parcel Map. Page 2. s AGMMI NT z311TiXS AGREE14EliT, made by and between the CITY OF NEIIPURT BEACH, a 4Ij and NEi•IPORT BALP.OA SAVINGS I municip::l corporation, hereinafter called Cit;:++ , 5Ii I ALH1 L•"•%=I ASSOCXATIO�, a corporation, hereinafter called "Associ:+tion , is 6 I; 7 �I .8 I 1011. 11 jI 12 II 13 l 14 15 1GI 17 18 19• .20 21 predicated upon the following: RFC_ ITALS Assaciati�n proposes Co erect an add:tion to an existing building at 33b6 Via Lido in the City of Newport Beach i:id has applied for a variance king required by the Newport Beach permitting the reduction of off-street par Dlunicipal Code and in lieu thereof has proposed installation of an off -site automobile parking area to be established and maintained for use in connection with said existing building and proposed addition. The property on which the City said addition will be situated is all that certain real property in of Na•.+port Beach, County of Orange, State of California, described as follows: 7 all Of '}{1C 33U1 LI1NLS tt211y 2V :,ceat of * .•.� ! y� to L4, inclusive, and the southeaster rely corded fin eaL I of Lot 15, Tract 162 , as c P p Records Book 47, page 39, of Miscellaneous Maps,! of Orange County, California, �I1 aad is hereinafter referred to as "Parcel A". The property on wbich.said i� ll thaC certain real property is IIoff -site parking lot is to be situated is a rnia, described rhn City of Newport Beach, County of Orange, State of Califo 22 I 23 24 26 26 27 28 29 30 31 ^o No., as follows: " T 00 feet of Lots 23 to Bloc ik 530 ve The Northerly 77. and the 1lestarly 17.74 faeC of Tot 22, Block 530, Lancasters Addition to Newport Beach; 14 shownof onllaneous map tilAaoezdorecorded n9 OrnnSanCounty,ok 1Cnlifornia, and that Mapn, PWnhinj;ton Avanun an portion of 32nd StrcotI fortaarlY shown on said 1.1:p and more particularly described as follows: Dcbinning aC tho Nazbhwootarly aornar Of pUt'41:ly 30, Block 530 of Lancasters Addition, ;lortherly prolongation of the Westerly line along the of said Lot 30, a distance of 11.00 ?cot to the beginning of a curve concave to the Southeast, having a radius of 15 feat; thence alol:o said cur�adn�cecseatoe of 23.56 feet throu3h a central angle Of degrees o a point, said point bzi:10 in a line 25 xi�hC angles :iortaur1; of nad parallel to the Northerly line of angles 30; t-'1": a Eastarly along said parallel line rYrITRTT. C. Al• S.:5 .`�c v I 1 �I 2 II 3� 41 5' II 7I 81 �I 10 11 12I 13� 14 15 SG 17 18 19 20 21 22 23 24 25 26 27 28 29 to an intersection with the northerly prolongation Of the I:aateriy line of the "astcrly 17.74 feet of l.ot 22 of Laid Block 530; thence Southerly along said Northerly prcicngation 26.00 fret 5o the northerly line of said Lot 22, thence Nesterly along the Noxtherly 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 Begivaing, and is hereinafter referred to as "Parcel B". Both of said parcels are osmed by the Association and the Association is entitled to the immediate possession and use thereof. City, by and through its duly constituted Planning Com.•nisaion, has granted Variance No. 555 authorizing the reduction of parking on Parcel A upon the coadition:that Parcel B shall be used to provide the number of parking spaces presently required by the ilewport Beach liunicipal 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 follows: 1. On or before the date the addition proposed to be built on Parcel A is completed, Parcel B will be Oct ablislied 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 spauco of atandord size. 3: Said parking lot on Parcel B shall bu maintaivad to providu the number of spades herein agreed upon for as long as Parcel A and the buildings and iisprovamento asciatins tl%urcon, and to bo arocted thornon,, shall be used for any purpose which, under the laws and ordinances of the City, requiresthat such amount of automobile parking be provided in is understood and agreed that Association connection with such use. IC shall provide parking on Parcel A which, together with the parking to be provided on Parcel B, shall meet the present Newport Beach ebaniciPal Code 5 I1 4•:J tJ�V ..i l.% in.. %.. I 1 ],I! A and t.:Aat any subsequent changes in said Code or other laws or ordinances II 2 I1 shal!.:.%)t operate to require the association to provide additional parking 3`1 for th.: present use -and said proposed addition, it is agreed, however, that d_I1 . the Ci.ty is not hereby restricted from legislative, administrative, executive 511 or qua:;i-judicial action with respect to either parcel of property as such 6 j action may now or hereafter be authorized. Should a change in use or 7 j additional use of either parcel be proposed, the regulations applicable at 8ii the time shall apply. I 9II k. This agreement and the covenants herein contained are made upon 101fiI1I the condition that if, is the future, the Association with the approval of 11 the City Council as to locati.a shall provide a substitute parking area, plan 121! or system, at least equal in number of spaces to that to be provided on 13parcel B, then this agreement and the covenants herein set forth Shall cease I 14 I and terminate and be of no Further force or effect, and the City shall 15 I thereupon execute a quitclaim releasing.all claims and interest it may have 16 i in said Pcrcel B ar created by this agreement. ' 17 i 5. This agreement shall run with the lands herein described and 10 , ahall bind the uuceeaooro of the prasont owners tharoof and shal]be recorded 19Ii is the Office of the County Recorder of Orange County. 20 �I Executed January _ T _, 1960. 21 1 22 017Y Ok' NEWPORT B'LACII, NEWPORT BAI.BOA SAVINon AND LOAN a mu:icipaT corp `at n ASSOCIATION, a California +� 241 B - � Prao�.duak • •' . I; Mayor 25 26 Attest: By *r; , S r ,! I 1 City Clerk ccreta:y. 27 �I 28 •.I II rg II .. • ���• , I !. I 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 l OF CtUIFORNIA ) ss C: {;;TY OF Oi ANG£ ) 9 On this /y`~ day of January, 1960, before me, the undersigned a Notary Public in and for said County ar.1 State, personally appeared P. A, Palmer and Florence Earl, known to me to ue 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 $ublic•in and for ~ said County and State " h y Crylil LIS Ji JI{ C lv i:J IIC , 6, i�::1 . I 1 1. STATE OF CAhIF03xYIA ) II''r+nir,iA t S as , COUi`PPY OF ORANGE ) On this /6 t4 day of January, 1960, before me, the undersigns a Notary Public in and for said County and State, personally appeared 1111CS , B. STODDARD and MARGERY SMMOUDER, known to mn to be the Hayor and the City Clerk, respectively, of the CITY OF NEWPORT BEACH, tho municipal corporation that executed the within instrument, and acknowledged to me that said municipA corporation executed the same pursuant to a resolution of its City Council. WITN1:SS my hand and official seal. Notary Pub is is and for', said County and State Nly Co•T^.++.0ii CnB'in:!:i Q. 17.•I , %:.J:, RECORDZDAT RCQ:J-'rrY1 IN OF'FIC:nL OF 7'2 nr: , ram• i :lY r ,.t - e14vY.a�c 1 USOLB:ION i 5147 2 A R SCLM'10N OF TYM CIS;. 40MMIL _0 ;:iEC1 TTX_ OFii...'1 ..r�2 .J •u: �i 11 at �1A.�,.Ae_.. l.tYl! A�1� .lilt L•Ui�A t�' 3 A 1;.1I.BOA SAVIciGS Aril 4 2211�c1 3371nss and Loan Association G 141ad application• for variance NO. 555 seeld g peraiss':ca to ry rcc:ce t a off-stxeae pa=' :g req--red at 3356 Via Lido in tie gl City of. F,2_x7port Beach; and 9 Iyriu t�� , .,n:.d A3sociat•ina offer3d to provide file full 10 a=•.—t of off-straet par'.cing req.u.x:.d for use in connection with 11 the business building at 33L6 ilia ':Lido:by i q=ving a parcel of 12 pxopexty consisting of a portion of Biceic 53 , Lancasters Addi•- 13 tion, at 500 tlu•ough 516 - 342nd Street in NeWpoxt Beach; cad 1Y� [Ts_• 'i,E.q.S, the'Planning Co=islion approved Variance tvo. 15 555 on condition that th. applicant• eater a cd.n=act: with the 16 city vLr Nsvpctt Beach ,u u3 ,?COL'ed in t.0 OCy.C^GL .l, VJLl.j 17 Recorder of Orange County in -which the AssociaLon would guarantee 18 to con ti^ue t..e use: of t1tF: o cf-site aa:ta�oi7 a Ya= sa ag area to 19 provid.a the amount of par"_cing regoA red for as long an such at=-nt 20 of pa. -king is required for the building at 3366fi7ia Lido under 21 the laws and ordinances of the City; and 22 S, said .Association has executed such a contract 23 and it tc.:uld oil 'in the i:,terasts o:. the Ci*y to approve said 2h contract; to raquira avid ar,vai to bn uoad for pnrtcins cja 03ro0d; 25 NW, TIMMWOS.:4, BE IT R:.fMVED that tho City Council 26 aeraby appro•res said a;_ea :eat am! the •.isyor and City .Cler'.c ara 27 nuthari,.od and dixoctud to e2;acut,) ohm name on boh,nlf of the City 2$ oc ii•3;rport B-:ach. ! 29 r., r ^ ^T^OUVED f:'''lt the City Clark is autaoriaed ,�,. T i iJttiT.La ,.,..... .., .. 30 ind directed to record said agrs=c-it and axacute any certifiecta 31 ` mceasazy Tr0 the T^CQr'.'l:'.1g. 3' Tn1.3 r:2.101131: CM 1718 e ann •d by Hn tr t`T Cnit ­i1 ;l; ,;',•n city o:E 11'erport Beach , at a ram ia,-n-2eting oz.the llt: Pal of i ^ 2I Jzn ry, 195+�, by tna ,ail�aing :* ot--a to Wi.t: ' • AYES, Ct7 .iCT_T.i`1~iJ: Atkinson, T;,,'�i=, Stodda..-Cd 'cart, 'Lorenz, Sons..s °,•; ., ., T.. None I 5.�.t,,'. Kin -slew , A35^:�J Tm J 10 I•ja,, or , 1.1 • 1.3 141 18 l 1. PO 22 24 25 y 26 27 28 WNrr MARINE SAFETY DEPARTMENT 70 Newport Pier January 28, 1974 TO: MAYOR A14D CITY COUNCIL FROM: Marine Safety Department SUBJECT: HARBOR PERMIT APPLICATION #124-3400 BY DON KOLL CO. TO REVISE AI4 EXISTING PERMIT TO INCLUDE A 7' WIDE PILE SUPPORTED WOOD WALK BAYWARD OF THE BULKHEAD LINE AT IMPERIAL SAVINGS AND LOAN. Hecomme� nd_ a _lion If desired, approve the application subject to the approval of the U. S. Army Corps of Engineers, and the South Coast Regional Zone Conservation Commission and following special conditions: 1. That the walkway be open to the public 2. That the structure be maintained by the permittee Discussion This application requires City Council approval under Section 5 paragraph B and C-3 of the City's Harbor Permit Policies which state: "B. Prior approval of the City Council will be required before the Marine Safety Department may issue any permit that does not conform to the Standard Harbor Drawings and the adopted Harbor Permit Policies." ty ouncil w1,11 also be "C. Prior beforeaissuing approval fpermit the ifor Crequired shore-connected structures when: 3. The abutting upland property is zoned commercial." 'I'Ln Don Koll Company winhes to construct thn subioct board walk to provida a southarJy uxtunslon to a 6' wide walkway aanamont nor.thar.ly of Imperial Savingn and Loan as shown on the ,attdchod drawing. 'thin easement was required e:s a condition of approval on the Koll Company's original harbor permit approved by the City Council on May 291 1973, and the Planning Commission's Use Permit #1636 approved December 14, 1,972. ... ... a�.:.i,. ��� .''�. ,'l���YT.*. �{i.l..{.i.'.� �l:..L�14i:�.na`.yS Ji..:)d 4?}'��.r. J..�•)a �'..i'� 1}._i. l.. Page 2. The Marine Safety Department staff has conferred with the Cominunit:y Development Department on this application and it is felt that this boardwalk is a logical extension of the public easement required by the prior actions of the City Council and Planning Commission. The proposed boardwalk will be similar in nature to that designed for the Rhine Wharf Park, giving the public additional access to the tidelands. The reason the walk cannot be built landward of the bulk- head wasi�constructedlocation limitedthat bulkheadImperial setbacks & Loan Build- headwalk as shownlonttheructure attachedpproved drawing,ntoaaccomodate,will of the the piling for the boardwalk. R. E. REED, DIRECTOR D.(1 Iiarshbarger, Captain Marine Safety Department DH:GEW:1f Attachments ' S +.i0'1 ��If +��•�Jr �t ,, ��4 �t �il� 5+, ,+ •'4 ..4�� i L;S'i Y '4 p'';'�a�ii•:'1••4 :,•$}; 1 '�',�t 'J ZY6. tl"I �ut'..`.'.�ttt "+ e 'yi.. i•� ..i V ndti. b4f tt C ++ 7Tk0,S`i' SM�, • ,ytt. �,'6� � �i�i I)Iann7fig 1.ufilmiSS lull I'lu:LIlly It=u. 1"' CITY OF NEWPORT BEACH February 15, 1974 Ii;em No. A-1 TO: Planning Commission FROM: Department of Community Development SUBJECT: Resubdivision No 433 (Public Hearing) Request to create two parcels of land where 7 lots and portions of 2 other lots now exist. LOCATION: Lots 8 through 14 and portions of Lots 7 and 15, Tract 1622, located at 3366 Via Lido, on the north- easterly side of Via Lido, southeasterly of Via Oporto, in the Lido Village Area. ZONE: C-1-H APPLICANT: Don Koll Company, Newport Beach OWNER: Imperial Savings and Loan Association, San Diego ENGINEER: Raub, Bein, Frost & Assoc., Newport Beach Background This application was continued from the Planning Commission meeting of February 7, 1974, by applicant on behalf of the property owner. In the interim period the staff has met with the Don Kell Company and Imperial Savings and Loan Association to discuss .their concerns related construction 9offapboardwalk lanned tbaywardsofoParcel 2. existing structures andresult of these discussions the staff recommends the approval of Resubdivision No. 433 subject to the folloivi^g conditions: 1. That a Parcel Map be filed. 2. That prior to recording the Parcel Map ttl9 applicant shall furnish the City an agreement satisfactory to the Building Official and the City Attorney guaranteeing beametlwithinisixents of the months fc%llowingrtheuilding recordingdofshall the Parcel Map. 3. That all existing on site and building identification signs of Imperial Savings and Loan Association on Parcel ns and Loanall be Association onoalonger occupies t; such time as loroconducts rial ia9sub- stantial portion of its business from the existing structure on Parcel 1. The size and location of all new signs on Parcels 1 and 2 shall conform to the current requirements of the Sign Code. 4. That the pile supported boardwalk proposed for construction bayward of Parcel 1 and providing a southerly extension of the proposed 6 foot wide public walkway easement to the north shall be constructed as authorized by Harbor Permit No. 124-3400. TU: Planning Commission - 2. 5. That prior to recording the Parcel Nap the property m:°er shall furnish the City an agreement satisfactory t<: the Director of Community Development and the City Attorney guaranteeing the construction of a boardwalk for reasonable public access bayward of Parcel 2. Said boardwalk shall be constructed so as to provide a southerly extension of the boardwalk proposed for construction by the applicant bayward of Parcel 1 and shall be completed within one year following the recording of the Parcel Map. The balance of the staff report dated February 1, 1974 is still applicable and is attached. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By , 1 , , f .. , ,( . ' —3iimes D. He -wicker, At:sistant Director - Planning JDH/sh Attachments: Staff Report dated February 1, 1974 with Vicinity Map February 1, 1974 TO: Planning Commission FROM: Department of Community Development SUBJECT: Resubdivision No. 433__Public Hearin Request to create two parcels of land where portions of 2 other lots now exist. LOCATION: 'LONE: APPLICANT OWNER: Lots 8 through 14 1622, located at 3 side of Via Lido, Lido Village Area. and portions of Lots 366 Via Lido, on the southeasterly of Via C-1-H Don Koll Company, Newport Beach Imperial Savings.and Loan Association, San Diego lots and 7 and 15, Tract northeasterly Oporto, in the ENGINEER: Raub, aein, Frost & Assoc., Newport Beach Application This application requests approval of a resubdivision creating two sites wheringle w exits. sion proceduresearesoutlined vinoSection pment o19.12.040 ofathe nNs Newport Beach Municipal Code. Environmental Significance This project has been reviewed, and it has been determined that it will not have any significant environmental impact. Subject Property and Surrounding Land Use, The Imperial Savings Building and a portion of its required parking spaces are located on the subject property at,, present. To the north, are commercial buildings within "Lido Village; to the east, is Newport acrosshViarLidommareial and commercialiuses. uses; Analysis and Rommenda_tion The existing building on the site consists of a 5 ttory wing (with office space on the first three floors, an employees cafeteria and kitchen on the fourth floor, and a glass'screened promenade deck" and equipment rooms on the fifth floor) and a two story wing with office and banking areas. The property owner intends to relocate all of 'Its operatibns within the two storg and sell the strructure tonthethe storwin fDonevollldinCombuipany. Therefore, iaeresubdivisionf is necessary. Parcel 1 has an area of 0.323 acres, and consists of the 5 story portion of the existing building and 20 parking spaces. Parcel 2 has an area of 0.496 acres, and consists of the two story portion of the building, and 22 parking spaces. TO: Planning commission - 2. It should be mentioned that the unusual configuration of the common property line between the two parcels adjacent to Newport Bay is necessitated by the requirement that the existing fire escape on the five story portion of the structure be enclosed within Parcel 1. The Uniform Building Code also requires that there be no openings between the two portions of the structure with this proposed resubdivision. The existing eave overhang of the two story wing encroaching onto Parcel 1 will also have to be removed. Parkin At its meeting of August 20, 1959, the Planning Commission approved Variance No. 555 to allow the expansion of the subject building and to permit a portion of the required parking spaces to be located on a separate parcel, subject to the condition that an Off -site Parking Agreement be recorded, stipulating that said parking area will "always be used to provide the amount of parking being waived at the building site." The Off -site Parking Agreement was recorded on January 15, 1960, and states that the subject parking lot, located at the south - least easterly corner o 3(Seventyesixnparking stallshexistall oonathein asubject 71 parking spaces. property at present.) It should be mentioned that the Off -site Parking Agreement: also states that "this agreement shall run with the lands herein described and shall bind the successors of the present owners thereof." Since the property owner and the applicant will have joint use of the subject parking lot as well as the parking areas adjacent to the existing ry e Assistant tAttorney ingeemen has agrtdetermined that it is not necessatoamendthe exisingpark Signs At its meeting of January 21, 1971, the Planning Commission approved Modification No. 266 to permit Imperial Savings to install a 391 sq. ft. identification, wall sign on the easterly (waterside) facade of the five story portion of the structure (to replace the former onethernortherly5elevationiof)theubuildingebeihat the reduced tootheelegaln dimension of 200 sq. ft. Other conforming s'iclns on the building were also changed to reflect the new identity of the "Imperial Savings" Building. It should be mentioned that all of the "Imperial Savings" signs located on the five story portion of the building will have to be removed when the Parcel Map is recorded or when the current: property owner no longer conducts a substantial portion of its tiankinR business within permitvansoff-sitelsignponntheupremisese Municipal Code will not Public WaLk Easements At its meeting of January 28, 1974, the City Council approved Harbor Permit Application #124.3400, revising an oxinting pormlt of the Don Koll Company, to permit a 7 foot wide pile supported, wooden public walkway, bayward of the bulkhead line in front of the five story portion of the subject building (i.e. Parcel 1 of this application). It should be mentioned that the applicant desired to construct the subject boardwalk to provide a southerly extension to a 6 foot wide walkway easement northerly of the subject property that was a condition of structureaino"Lido Village". Af Use Permit No. 6condition Koflapproval ofoUse dparking Permit No. 1636 was to dedicate a public easement adjacent to the bulkhead for the entire 360 feet of bay frontage of Koll's property, as well as •q(, rigninPnt from Via Oporto to thn bulkhead.' W 40 TO: Planning Commission - 3. The Marine Safety Department has suggested that a 6 foot wide public walkway easement be dedicated adjacent to the bulkhead line on Parcel 2 of this resubdivision, and an access easement across Parcel 2 be required to provide access between Via Lido and the 6 foot wide public walkway cited above. It should be mentioned that the subject public walkway could be dedicated landward of the bulkhead line at this location, since a minimum 7 foot wide concrete sidewalk exists between the bulkhead and the two story portion of subject building. Staff concurs with the Marine Safety Department's recommendation since a public easement adjacent to the bulkhead of .Parcel 2 is a logical extension of the other public easements proposed along Newport Bay, as well as an easement through the parking area from the 6 foot wide ease.. ment to Via Lido. Staff recommends approval of Resubdivision No. 433, subject to the following conditions: 1. That a Parcel Map be filed. 2. That all requirements of the Uniform Building Code be met prior to the recording of the Parcel Map. 3. That all existing identification signs of Imperial Savings shall be removed from Parcel 1 (including the signs attached to the five story portion of the building) at such time Imperial Savings no longer conducts a substantial portion of its business in the subject structure, or prior to the recording of the Parcel Map, whichever occurs last. 4. That prior to the recordation of the Parcel Map the property owner shall dedicate a minimum 6 foot wide public walkway easement adjacent to the bulkhead on Parcel 2 so as to connect with the proposed boardwalk bayward of Parcel 1. That prior to the recordation of the Parcel Map the property owner shall dedicate a public walkway easement across Parcel 2 to provide acces,: between Via Lido and the 6 foot wide easement requires: in Condition No. 4 above. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By (N,[ �1"fl-1 am R. aycocV Senior Planner WRL/sh Attachments: Vicinity Map Tentative Parcel Map cOh%MISSIONERS' Present IX X X Absent X , U, '' 1`Y t riSi. s'*;•4 ,:a `,'-'-f ,.r'}�-w�!;F:, i°i'iii,:�lit`biP" ,1., r•..t ..:.r. . Ja+M s ,•x 2v 6k•i 211 ,7 �?' !—.Jj•.1a � z y'bs.ne• �S;J ryry t`.. it ii � ili�V•: 1' iY Y t A'^r •t, . �• :.;., _ 1 •'1'• t ..le:��{ �, V kj,'�tiY.'.A JIR+ t�•.�i�•r h•1}��k:,�... .r. �t '• y:1 ��.:fi%art �3;u; ':Fij��Id::^'�+tt;.yJ.. c�:� �µ .. -• i '11"CITY OF'•'NEWPO�ZT ACW Regular Planning Commission Meeting MINUTES Place: City Council Chambers 3.30 P.M. Time: February 21, 1971 INDEX *Arrived at 7:00 P.M. R. V. Hogan, mmunity Development Director Benjamin B. NoR. lan, Cstantngineerttorney STAFF MEMBERS James D. Hewicker, Assistant Director - ning William R. Foley, senior Planner Shirley L. Harheck, Secretary Item A-1, Request to create two parcels of land where 7 lots RESUB- and portions of 2 other lots now exist. Location: Lots 8 through 14 and portions of 15, Tract 1622, located is APPROVED" Lots 7 and at 3366 Via Lido, on the north--' TT6rZACLY easterly side of Y1a Lido, south- in the Lido' easterly of Via Oporto, Village Area. Zone: C-1-11 Apalicant: Don Koll Company, Newport Beach Owner: Imperial Savings and Loan Associa- tion, San Diego Engineer: Raub, Bein, Frost & Assoc., Beach Newport Community Development Director Hogan reviewed and 5 recommended by the clarified Condition No. as staff-whichinsure publicaccess adjacent to teaybymans ofabordwalkand walkway Public hearing' Was, opened in connection with this matter. � Ti:,r,'Strader,,;;,Vic'el Presi-dent,of Don• Koll ,Company, i ap�iedred,,'before;'the^P,�anninghCommissl'on.and ;•.b ''o.101:ions',as'4r r eclimmo ded, y ., ;ihe' ,y!�, •;'conu'rre ;wii h:lr�.<>,ivt"1 •.' .. •^i �: `Fi4 aJ.'.,xM,;I�R`dCWt':R..L•d'u 41'Y;�M. ilr��'iG:an , it9F; t. •ii ,,.; .'t .?'.l;'�.u!A9 0.1 cOMMISSIONERS 1CITY & NEWPORT 'EACH MINUTES February 21, 1974 Planning Commission discussed the boardwalk and public access to the Bay. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Following discussion, motion was made to approve Ayes X X X X X X Resubdionsion No. 433, subject to the fallowing Absent X 1. That a Parcel Map be filed. 2. That prior to recording the Parcel Map the applicant shall furnish the City an agreement satisfactory to the Building Official and the City Attorney guaranteeing that all require- ments of the Uniform Building Code shall be met within six months following the recording of the Parcel Map. 3. That a1.1 existing on -site and building identi- fication signs of Imperial Savings and Loan Association on Parcel 1 shall be removed at such Associa- tion nomlonger e ds moccupies perial aornconducts gs and oansubstan- tial portion of its business from the existing structure on Parcel 1. The size and location of all new sins cud rrent requirementsof theln Sign formtothe Code. 4. That the constructionpile baywardted of ParcelI andproposed roviding a southerly extension of the proposed 6 foot wide public walkway easement to the north shall be constructed as authorized by Harbor Permit No. 124-3400. 5. That prior to recording the Parcel Map the property owner shall furnish the city an agreement satisfactory to the Director of Community Development and the City Attorney guaranteeing the construction of a boardwalk for roasonable public access bayward of Parcel 2. Said boardwalk shall be constructed so as to provido a southerly extension of the board- walk proposed for construction by the applican bayward of Parcel 1 and shall be completed within one year following the recording of the Parcel Map. LI o . EDGAR A LUCK 1001•1... THOMAS M KAMILTON MICHAEL ISS OONZALCS JACAW CRUMLCT nOREMT C M101NNIB PORCRT P SIMPSON C MILES HARVEY UINCC A OCn PT OrHALO S DAVCL J MAPA RIIOAOS C DOUOUS ALIOPD JERRY W NONPOC CBIC T LUDOE PIPIIABD W SWEAT JOHN D COLLINS GREGORYA POST JOHN C SIISBA MICHAEL I. KIRBY ERNEST E WIDEMAN ROBERT U COrr IN EIIOCHC J SILVA WILLIAM M SCHINDLER STCPIILII R BROWN CNA5.11 FORWARD r TUDOR SCRIPPS. Jn ILW wl C1'OLR A LUCK,JR. MARSHALL L.IORCMAR.JR ROCCO, a DOT70MLCY ROBERT a.SIDRrR WILLIAM M MCSLNIIL.JR nOCLIr J MAROCR30H JAMCS M OORT THEODORE W ORPHAN JOHN W CROCE& JR WILLIAM L HOCSr JAMCS A CCANAMN RICHARD L.KIHtZ LOUIS C O005CL SRUM O MONAGHAN DONALD L,5ALCM STEVEN S WALL ANN PARDOC LEE R RTMLCH THOMAS M MURRAY J STEPIEN CRAOTRCE DAVID J. NOONAN LAW OFFICES LUCE, FORWARD, HAMILTON &SCRIPPS 1"00 THE RANK OF CALIPORNIA P AEA 110 WEST A STREET SAN DIEOO, CALIFORNIA 92101 714/Z.10-1414 April 9, 1974 Mr. James Hewicker Community Development Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 JOHN R IICILANO O. COUN RLL LA JOLLA OrrICC 1705 a1nAR0 AVCNUC LA JOLLA, CALIFORNIA U2001 714 /450-4011 Dear Mr. Hewicker: Enclosed is a copy of the revised Agreement regarding access over Imperial's property to the boardwalk to be con- structed bayward of Imperial's Newport Beach property. Please review the Agreement and communicate any comments which you may have to me as soon as possible so that we can have the Agreement executed by all parties and obtain a hearing date before the City Counsel to approve the signature of the Mayor. TMM:js Encl. .F very truly yours, LUCE, FORWARD, HAMILTON & SCRIPPS / /41 By Thomas M. Murray ® 01 AGREEMENT This Agreement is made and effective this day of -, 1974, between IMPERIAL SAVINGS AND LOAN ASSOCIATION ("Imperial"), DONALD M. KOLL ("Koji") and the CITY Or NEWPORT BEACH ("the City") with reference to the fol- lowing facts: A. imperial is the owner of that certain real property described in Exhibits "A" ("Parcel 111) and "B" ("Parcel 2") at- tached hereto and by this reference made a part hereof. B. Koji is the owner of that certain real property des- cribed in Exhibit "C" ("Parcel 311) attached hereto and by this reference made a part hereof. C. Imperial has agreed to sell Parcel 1 to Koji pursuant to an Agreement of Purchase and Sale of Real Property between Imperial and Koji. D. The Planning Commi:.sion of the city has approved a Rppuildivi,pion (Ranubdivi.aion No, 433) allowinir the sale of the property to Koll on condition that prior to the recording of a Parcel Map, Imperial shall furnish the City with an agree- ment satisfactory to the Director of Community Development and the City Attorney quaranteeing the construction of a boardwalk for reasonable public access bayward of a portion of Parcel 2. THEREFORE, the parties hereto agree as follows: -tl- ��i I PW S 1. A boardwalk for reasonable public access bayward of a portion of Parcel 2 ("the boardwalk"), extending forty-seven (47) feet southeasterly of Parcel 1 shall be constructed by Koll at no expense to Imperial. The public access referred to herein is pedestrian access. 2. Said boardwalk shall be so constructed as to provide a southeasterly extension of the boardwalk proposed for construc- tion by Kell bayward of Parcel 1 and shall be completed within one year following the recordation of the Parcel Map of the Resub- division. (See plot plan attached hereto as Exhibit "A-1") 3. Imperial shall allow public access to the boardwalk over a portion of the concrete sidewalk located bayward of the two-story building on Parcel 2. Imperial shall allow access to the concrete sidewalk over the parking lot located on P rcel 2. Access from the concrete sidF•,alk to the boas:?;alk shall be con- structed by Koll at no expense to Imperial. 4. If the concrete sidewalk is ever utilized by Imperial, or its successor -in -interest, to expand the two-story building now located on Parcel 2 or to construct another building in its placo, the rights of tho public to Accesn to the boardwalk across the concrete sidewalk shall terminate. 5. This Agreement shall be recorded in the Office of the Recorder of Orange County, together with the following notice specified in 5813 of the California Civil Code: t -2- • 2��bx��iei4`d'.�1'ry,�'J.,j �tt�i;yn yl!r.N wia,.?.•-3N�Y;. ���� � .,r d. .. •v, M AChIIdA Aft "The right of the public or any person to make any use whatsoever of the above described land or any por- tion thereof (other than any use expressly allo%4ed by a written or recorded man, agreement-, deed or dedication) is by permission, and subject to control, of owner: Section 813, Civil Code." Upon commencement of any expansion or construction on the area now utilized as a concrete sidewalk, a notice of revocation of the §813 notice shall be recorded by Imperial in the Office of the Recorder of Orange County. A copy of such notice shall be mailed by Imperial to the City Attorney of Newport Beach and to Koll. The notice of revocation shall state that the rights of the public to access over'the concrete sidewalk are terminated but that the rights of the public to access to the extended boardwalk over the parking lot located on Parcel 2 shall continue as provided in this Agreement. 6. In the event of such termination, Koll agrees to con- struct an extended boardwalk southeasterly of the boardwalk bayward of Parcel 2 as may be required by the City. Construction of such mxte ndod boardwalk is not a condition praaadant to the termination of the right of public access across the concrete sidewalk. 7. The rights of the public to access over the concrete sidewalk shall be terminated upon construction of a boardwalk extending southeasterly of the presently proposed boardwalk bayward of•Parcel 21 whether or not the concrete sidewalk still exists. If such .. boardwalk is ever constructed by Imperials Kell or any -3- ' .. other person or entity, then Imperial may record a notice of re- vocation as provided in Section 5 hereof and the right of public access over the concrete sidewalk shall immediately terminate. A copy of such notice shall be mailed by Imperial to the City Attorney of Newport beach and to Noll. 8. Upon construction of an extended boardwalk southeasterly of the boardwalk to be constructed bayward of Parcel 2 imperial shall allow public access to the boardwalk over the parking lot located on Parcel 2. Access from the parking lot on Parcel 2 to the extended boardwalk shall be constructed by Roll at no expense to Imperial. The location of such access shall be de- signated by imperial. 9. If Noll or his successor -in -interest constructs a boardwalk bayward of Parcel 3, Noll covenants and agrees to allow public access to such boardwalk over Parcel 3. Noll's agreement to allow public access over Parcel 3 to any boardwalk constructed bayward of Parcel 3 is a covenant made expressly for the benefit of Parcel 2.and is intendad by Roll and Imperial to be a covenant running with both Parcel 2 and Parcel 3 as provided in Civil Code section 1460. Said covenant effects the use of Parcel 2 and is expressly made binding upon successive owners of Parcel 3 for the benefit of Parcel 2. 10. Upon construction of a boardwalk bayward of Parcel 3, Imperial may record a notice of revocat.-.,n of the S813 notice, provided lar in Floction 5 horoof, in tho Office of thu County Recorder of Orange County and$ mail a copy of such notice to the 0 7i 7 City Attorney of Newport Beach and.Y.oll. Said notice shall state that all rights of the public to access over the parking lot on Parcel 2 and all public access across Parcel 2 provided under the terms of this Agreement is terminated. 11. Nothing contained herein shall be construed as an express or implied dedication of any rights to the boardwalk or of any easement or access rights, or any other rights over the property of imperial or Koll, to the public and no common law dedication of access or easement rights, or any other rights over the property of Imperial or Koll or over the board- walk shall arise by virtue of the terms of this Agreement. 12. Nothing contained herein shall be construed as an express or implied grant or dedication of any right of the public to park vehicles in the parking lot located on Parcel 2. Parking privileges in that lot shall continue to be reserved for invitees of imperial or its successor -in -interest. 13. Imperial may take such reasonable safety and security measures as it deems necessary to protect its business or property including restricting public access to portions of Parcel 2; provided, however, that tha public shall not there- by be denied reasonable access to the boardwalk as long as this Agreement is in effect. 14. Yoll is prEsently leasing from Imperial the property bayward of Parcel 2. Therefore the boardwalk, and any extension thereof, bayward of Parcel 2 shall be maintained and repaired by Koll. t• r , ENO' •),v .. r.'. .: 1, �.�{.fir.,. .:•I� I: h,. {iF,fl i•,,r{� •i•i.i�a �t•i Cl: a i:l 1,'. •11 ! }, l� •I I: �t'y A''" f i k,(�$J( •1 ��'1 :ft 1 f1. F�. •^'11 p.. �� i i }1. 1 14tf Ii5 Y 't'�" , ' i{1,r lr i' �)y 1 t l'�j' 1;,. 1: .•�;..�; • ) f1t 15 1 \,4��� tll.•t'•.���I��rit!�����.14N!���'�1`��5�1��Cu,�'L�� '' , M��n��}a4i'.WS,��NJl��)71 �j 21 15. This Agreement is to be executed by the Mayor of the City pursuant to a duly adopted resolution of the city Council of Newport Beach. 16. This Agreement and every covenant and condit.on con- tained herein shall be binding upon and shall inure to tha benefit of the parties hereto, their heirs, personal representatives, successors or assigns. 17. The parties hereto may seek injunctive or other appro- priate relief to enforce the terms of this Agreement. 18. In the event that any party hereto shall institute any legal action or proceeding against the other party on account of the other's failure or refusal to perform or fulfill any of the terms of this Agreement on his or its part to be performed or fulfilled, then it is agreed that in any such action or pro- ceeding the prevailing party shall be entitled to its reasonable costs therein and such further and additional sum as and for its attorneys' fees as the court in such action or proceeding may adjudge to be reasonable. 19. Whenever possible, each provision of this Agreement Shall be interpreted in such manner as to be valid under appli- cable law, but, if any provision of this Agreement shall be deemed invalid or prohibited thereunder, such provision shall bo ineffective to the extent of such prohibition and invalidating which shall not invalidate the remainder of such provision or the remaining provisions of this Agreement. 1• 0 r;' K] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: City Clerk i1 " IMPERIAL SAVINGS & LOAN ASSOCIATION DONALD M.NOLL Bye/i /G /• 7=�---- — Don- CITY OF NEWPORT BEACH By Mayor -7- AGREEMENT THIS AGREEMENT is made and entered into this �1 day of February, 1974 by DONALD M. KOLL ("KOLL"). WITNESSETH WHEREAS, KOLL is the developer of certain real property located in the City of Newport Beach, County of Orange, State of California, more particularly described as: Lots 8 through 14 and portions of Lots 7 and 15,•Tract 1622 more commonly known as 3366 Via Lido located on the northeasterly side of Via Lido, southeasterly of Via Oporto; and WHEREAS, KOLL was granted Resubdivision No. 433 by the Planning commission of the City of Newport Beach on February 21, 1974 which permitted the combination of seven (7) lots and portiona of two (2) other lots into two (2) parcels for development; and WHEREAS, the Planning Commission attached, among others, tha Co].1nwlnq rondil,icn to tho Sirnnting of )aid nonubdivinions "That prior to recording the Parcel Map the applicant (KOLL) shall furnish the City an Agree- ment satisfactory to the Building Official and the City Attorney guaranteeing that all requirements of the Uniform Building Code shall be met within six (6) months following the recording of the Parcel Map." NOW THEREFORE, IN CONSIDERATION of the City's approval of Resubdivision No. 433, and in satisfaction of the above described M condition, KOLL does hezeby agree as follows: That within six (6) months following the recordation of the above mentioned parcel Map all Uniform Building Code requirements applicable to KOLL's development upon said Resubdivision shall be satisfiecl,`'� IN WITNESS WHEREOF, KOLL has executed this Agreement as of the day and year set forth above. DONALD M. KOLL • ITEM No. H-9 (b) May 29, 1973 TO: MAYOR. AND CITY COUNCIL FROM: Marine Safety Department SUBJECT: HARBOR PEPJ4IT APPLICATION #124-3400 (LLATTERAS MARINA) Request to permit the construction of a public marina facility encompassing 840 linear feet of bay frontage containing 55 slips and 18 side -ties for a total of 73 docking spaces. LOCATION: Bayward of Via Oporto and Via Lido (in Central Newport) encom- passing the bay frontage from 370 feet North of Imperial Savings & Loan, including the entire 340 feet of Imperial Savings & Loan Bay Frontage, to 130 feet South of Imperial Savings & Loan. APPLICANT: Eastman-Koll Company, Newport Beach Application This application involves three considerations. requests: A harbor permit to permit construction of a consolidated marine facility, which when rebuilt will contain 55 slips and 18 side -ties for a total of 73 docking spaces. Combine the five (5) existing harbor permits for the subject bay frontage into one (1) harbor permit to be held by the Eastman-Koll Company. Permit slip construction to extend 20' bayward of the U. S. Pierhead Line to the U. S. Project Line in accordance with Section 23J of the Council's Harbor Permit Policies. 1 2. 3. specifically, the applicant Project Description This harbor permit application is indirectly connected with the Lido village upland redevelopment. The basic concept of the upland project is to construct a multi -story commercial parking structure in conjunct- ion with the remodeling of a number of existing bayfront structures and the addition cf one new structure fronting on the bay. The marina portion bayward bayward 1. of the,,project<;con sr sts,or�=reutgry.,�...J � ���.--.�-.�,., of approximately 5'00.,,,Of%bay, frontage and•}COif#ructing;:slip's• ' of Imperial Savings & Loan, where none exist at•.the,present time. SLIPS - Currently, within the subject tideland's 'zone,•there are five separate ha"rbor permits, four of which are held by Mr. Koll and one by Imperial Savings'"& Loan. Combined within these permit zones, are 26 slips, 15 side -ties, for a total of 41 docking spaces. The proposed reconstructed marina, including new slips bayward of the Imperial Savings & Loan property, would accomodate slips for 55 tenants and spaces for 18 side -ties. The total increase in docking spaces would be 22. 2. RESTROOMS - There are three (3) men and women restroom facilities plus one toilet and wash basin within the proposed marina zone. To meet the requirements of the harbor permit policies, the one toilet and basin facility would need remodeling to accr,..iodate men and women separately. 3. PARKING - The existing off-street parking is limited and serves both the slip tenants as well as the contiguous apartments and commercial businesses abutting the tidelands. The staff was unable to ascertain the number of off-street parking t•,a_ls alot- ted to the existing harbor permits within the proposed project zone. The original harbor permits were approved in the early 1950's prior to the adoption of the Council's Harbor Permit Policies. To meet the requirements of the harbor permit policies the- appli- cant proposes to provide 55 parking stalls for the proposed marina. It is the staff's understanding that 25 stalls will be located in the upland parking garage and 30 stalls will be provided conti- guous to the proposed marina. Background 1. The City of Newport Beach Planning commission on December 14, 1972, in summary, approved the following: a. t,se Permit #1636, for the parking structure, subject to 16 conditions. Two of the conditions of approval indirectly relate to the harbor permit. These are: 1. "That the applicant make an irrevocable offer to dedicate a public easement adjz4cent to the bulkhead for the entire 360 feet of bay frontage, and at least one easement extend- ing from Via Oporto to the bulkhead. Said easements shall be designed and located in a manner meeting the approval of the Director of Community Development. These offers shall be exercised by the City upon completion of the remodeling or March 1, 1974, whiahover occurs first." 2. 0,1'hat approval of thin uua permit does not include uny cplproval f Plan" for , tho ity�iroposod expanuion of the a b. Accepted the E.I.R. following findings: t 1. That the report addresses itself to the six areas specifically referred ,to in Section 21100 of the Public Resources Code. 2. That the basic land use is compatible with surround- ing land uses. 3. That the major adverse environmental impacts created by this project will be increased traffic volumes and a change in the scale of structures in the area. 4. That these impacts will be off -set by the creation of new public access to Newport Bay and will be minimized by the Conditions of Approval of Use Permit Application No. 1036. NOTE: The E.I.R. did not directly address the marina portion of the project. The staff in turn has reviewed the proposed marina regarding construct- ion with reference to the California Environmental Quality Act and can find no significant adverse environmental impact, at this time, by construction of this project. 2. The Joint Harbor committee on May 8, 1973, on a three to one vote recommended approval of the harbor permit application subject to the following conditions: a. Conditions recommended by the Marine Safety Department staff as restated under "Recommendations". b. That a sewer pump -out system be provided in accordance with adopted City policies and/or ordinances subject to future Joint Harbor Committee review. c. That the proposed public walkway be 8' in width. (Identified by the Planning Commission Condition V). d. That there shall be no live-aboards within the marina. Recommendation If desired, the staff recommends apprdval of the Harbor Permit Application #124-3400, subject to the approval of the U. S. Corps of Engineers and following conditions recommended by: A. Staff 1. Proposals for the control of debris shall bo submitted to and approvorumovalq Mdr aoaxlatinODallpa(.r )'rior to tha damalition tations z at sewer serrovided inves aomanneressarsatisfactoryfor A ptopthetPublicon or worksa bepDepart- ment. b' .i�x 'C 'G'J'•'e"%" �.}Y tgrc x•',: `-;`Fur rrrar-U'h4"'�S'r':•p ,r ( ��i i'r .'.evyj ' {l1", � .t; fi• fRWiS i 7!' Y �4i+.+h {j .}s.,., P4.}( 9'e�` p LS q •., .•�}- ,b�.•M`f i" .'§fq" `"�;• Y: es4"�PJA. �wrii$'�.'\ r•., �?: n-?'ss"�"%i'''-r.r:�\Lf+ {b•�•: " +��s5''r�+wy 5.tif�t r. t, .:rv; ..f. ?{••�j�;t n.R ,, .t:Ai �f�4i• �� t. 11r'.FM"3r u.• �+�%3�^T6a...�:�:h ,iv :v'> Y, ' R,�S?. 'F`{' ;etti:'!: M e. ta�'?S,fi.; { x�i a � •�),K;f '�, .'?'•t•�t i�r �•'r1;,Y:'':,,:5)�::��$a''�'i!....t l:ivr��.'fh{Z•N�:iry:''1�:,� rotection s stem.'aieE�rligt llsd'iiv' accor37,,,.r' 3. That a commercial fire„p Y ante with plans approved by the Fire Dep'artment.�'" 4. That any domestic water services and/or electribal service ievi•- sions and new installations on the slips be installed under a permit obtained from the Department of Community Development, 5. That no dredging be allowed unless a separate "Dredging Permit" has been approved by the City, U. S. Corps of Engineers, and Santa Ana Regional Water Quality Control Board. G. That the proposed project comply with Sections 17, 18, and 19 of the council's Harbor Permit Policies detailing the parking require- ments, safety requirements, and sanitary requirements. B. Joint Harbor Committee ith 1. That aosewer Elicies and/ortordinances stem be andvshal lided lbeasubje ct towfuture City opted jointHarborCommittee review. 2. That the proposed public walkway be 8' in width. 3. That there shall be no live-aboards in the marina. Discussion 1. The prior approval of the City Council is required on this appli- cation because: a. The proposed harbor permit application abutts upland property that is zoned commercial. b. More than one slip or float is requested bayward of a single parcel. c. The proposed slips will extend 201 channelward of the U. S. Pierhead Line. 11) of the Council. Harbor Permit NOTE: Section 23J (Page Policies states, "U. S. Bulkhead Sta. No. to to 125- Piers or boat slips may be permitted to extend 20 feet channelward of the U. S. Pierhead Line." (The Marina project is within these identified bulkhead zones.) 2, Application to the U. S. Corps of Engineers will be made if. the City approves the Harbor Permit Application. 'd i ' 'marina intends"c6n x ct�—the,re as gne- a" p6siia op 3. The applicant . displacir'-�q-'�as'few to slip --tenants as po6sib in phases so as aVOI a /1 /q�� USE PERMIT APPLICATION l/ No 16.36 CITY OF NEWPORT BEACH Fee $150.00 Department of Community Development Zoning and Ordinance Administration Division 3300 Ne wport rd 673-2110 Applicant Dastman-Koll Phone 833-3030 Mailing Address 1901 Dove Street Newport Beach, California _ Property Owner Don Koll company, Inc. Phone 833-3030 Mailing Address 1901 Dove Street, Newport Heach, California 92660 Address of Property Involved various addresses on Via Oporto & via Lido Par attached survey - Purpose of Application (describe fully)_ To constructtparkinc structure to accomodate 367 care. ,.+ -- a lone c Present Use Pnrkina *e! -- Legal Description of Property involved (if too long, attach sheet) 1N Lot 1, Tract No. 1235 and a ortion of Lot 2, Tract No. 1117, .. Newport H al f r a ! 1 25, 1972 • t cant or Agen Signature or uwner - xxxxxxXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX%XXX%X%XXXXX%XXX%XXX% DO NOT COMPLETE APPLICAT;ON BELOW THIS LINE S7 0, Data Filed 9��%2 Fae Pdr''ffyy0^ Rocelpt No. Hearing Date io Publication Date �0 rl 1 Posting Date all Date_ 1 P• C. Actio Date Appear, c. c. Hearing C.c.Acti Oats I E COMMISSIONERS MINUTES, December 14. 1972 (e) An increase in air pollutants, noise and water bleThatifhese the vacantsportions ofto mthis9site vd are to be developed in any manner. That all of these impacts and potential mitiga- ion measures have been reviewed and considered i cor,!unction-with the adoption of the Planned Comm ity Text, and in conjunction with Tentati Map 7953 (Revised). That develop nt standards have been included in the Planned mmunity Text and conditions hiti aten toaaedegrethe theTentative adverseMimpactswhich ofil m g this project. Although the E.I.R. assumes re station servi from a site in Newport Place w cn may be deleted, the City recognizes that ire service is a necessity and will be provided. airman Glass complimented the staff on their p ntation of findings on E.I.R.'s which has cilitated the Commissioners' consideration. quest to permit the construction of a public irkinithingtherage 26/35hat footxceeds heighttlimitationezone,limit and ne acceptance of an Environmental impact Report. IR/NB 72-020 Lot 1, Tract 1235, and a portion of Lot 2, Tract 1117, located northerly 4f Via Lido, easterly of Newport Boulevard, and southerly of Via Oporto, in Central Newport. C-1 1A licant : Eastman-Koll Company, Newport Beach h't! wner: Don Koll Company, Newport Beach Pi hairman OtaE� rovlcwed: ph�.applicotion, � , ;,t^�!j�in a•....,y. � i ca•'C`�, Yrti. r. � l.r in �..r �•t�r ' :> n •1ri, .,J...','1'.,,1YJ.�y�{•b''L'1`!�C w" 'vP?:'�:�r,,, t.;' .:r�.,• y.'\.' +�,„ COMMISSIONERS ` . ' ° �'7lff'Y, OF =N ••� f•- `'���'"s .5• \\>.c me m ; o %'Pt'(!;,`. t. �';:; :'.�^' .• MINUTES N n9N ,+9�AN \\\mm\\A December 14, 1972 INDEX Assistant Community Development Director Hewicker stated that the report did not cover the provision for .76 structureptoeaccommodaer teithehexpansiond'Ifathen9 existing marina facility. He further stated that investigation of leases and building permits indi- cateownerspinking the Lidots of Shop Aireabank and and thatetherenwashap proposal to remove on -street parking due to street - scaping and landscaping. in response to the Planning Commission, Senior Planner Foley answered questions regarding the present existing parking spaces and proposed re- quired parking spaces, indicating same on proposed site plan. A lengthy discussion followed on history of parking permitted by bulding permits, leases, and H factor in effect; parking in excess of code requirements or number of extra parking spaces provided by ex- ceeding height limitation; parking required now and parking requirements of the future; and lessor's obligation to provide parking. In response to Planning Commission's question re- garding impact of traffic flow through the area and undesirable left turn situation, Senior Planner Foley stated he had a verbal report from Traffic Enginsionseer reachedeinhthe9reed trafficth all of the c lu- study summarized in. the someEdelays inich leftere turnncrease in movements ontofic Viaflow and Lido which could be accommodated without undue delay. :hairman Glass opened the Public Hearing. Don Ko11, Applicant and Owner, appeared before the Planning Commission to answer questions in regard to this request. In response to the Planning Commission, Community Development Director Hogan stated that reasons for justifying additional height are (1) provision of (2)nimprovedhaetheticsnof therareaproviding ce riaddise nd Itional view and access to the water. Hal Hagen, Co -Owner of the Bay Lido Building on (Central Avenue, appeared before the Commission and spoke in favor of this project. 4 1, •;nd';ditS);!;Pa�h�,lla it +' ,r •'.j;'., y!r', r,l COMMISSIONI Motion Ayes Absent Motion Ayes X Noes Abstain Absent Motion IX Motion Ayes Noes Absent Motion Ayes N it NN an �:;�ar, �qf'i i``�d:.Y ���'4?'�FF�,µY')`'ti k�`i�'N�k�.O• �+ii.3Y-• 'i.:,I.yiY�'' ��I 'e : ! � � •�'�t �F �.i`, ;,: `-�"•,Y�;OF'.NE�!(.PORT�:B� ,�„ ; . •, � • :�,, . _, �" •;n", ' 'MINUTES DecembeP 14, 1972 INDEX Tim Strider, one of Don Koll's partners, appeared before the Commission and requested that Condition No. 1 be changed so that this zoning exception be approved based upon Applicant's agreement to pro- cess the necessary parcel map. Further discussion fo11•owed on Conditions Nos. 5, 7, 8, and 13. 1 A lengthy discussion followed on public walkway access and easements. There being no others desiring to appear and be heard, Chairman Glass closed the Public Hearing. X The X X findings nof9approved Commission EnvironmentalImpact ReportoEIR/NBg 72-020: a) That the report addresses itself to the six areas specifically referred to in Section 21100 of the Public Resources Code. b) That the basic land use is compatitle with sur- rounding land uses. c) That the major adverse environmental impacts created by this project will be increased traffic volumes and a.change in the scale of structures in the area. d) That these impacts will be off -set by the cre- ation of new public access to Newport Bay and will be minimized by the Conditions of Approval of Use Permit Application No. 1636'. ' X Discussion followed on Height Limitation Ordinance ix X X exception and the Planning Commission approved Height Ordinance Finding that total project does meet the four criteria for exceeding basic height limitation. Motion was made to approve Use Permit Application i No. 1636 subject to the 16 conditions as revised. X Following discussion, a motion was made to amend X Condition No. 7 to substitute "Planning Commission" X for "Director of Community Development". Motion failed to carry. Following further discussion the Planning Commis- X XX Von ttlptheefo17oWPermiho.Conditlitca ion No. 1636 sub- onsl • ,, ,,,, • • , Page?96{ n�, ,,, ,..f'!d5'''rJ�QA"ll�lAaYi,ia.l'h�11. ,'54 ,�i WJ'i{��:�'._ _•Jd _ _ COMMISSIONERS t y, December 14, 197.2 1. The applicant shall enter into with the City o Newport Beach necessary parcel map. MINUTES an agreement to file the 2. That the existing water and sewer,lines crossing the site be removed where they conflict with new building construction, and that the stubs be revised as necessary to serve thbuile new dto9or be the publicmWorksdin a Department. satisfac- tory 13, That - the easements or portions thereof from Which the utility lines have been removed be vacated and abandoned. 4. That all construction work affecting the water I and sewer lines, and the street improvements within standardhplanbpreparedlic tbyfawlicenseday, be hcivil own n a engineer. 5. That the applicant enter into an agreement with the City of Newport Beach guaranteeing that the proposed remodeling of the existing commercial and residential structures between Via Oporto and Newport Bay will substantially conform to the plans application,tandnthatuthetremodelingted as tbe� this completed prior to March 1, 1974. This agree- ment shall be prepared in a manner satisfactory to the City Attorney and shall be executed prior to the issuance of any building permits. 6. Prior to the issuance of building permits for the proposed remodeling, the Department of Community Development Director shall review the plans to ensure that the intent of this use permit is fulfilled. 7. That the applicant make an irrevocable offer tc dedicate a public easement.adjacent to the bulkhead for the entire 360 ft. of bay frontage and at least one easement extending from Via Oporto to the bulkhead. Said easements shall be designed and located in a manner meeting th approval of the Director of Community Develop- ment. These offers shall be exercised by the cityMarchup, completion, of 1974, whichever toccurs he odeling or first. s not B. approval ofis use planseforte That theproposed expansion of the adjoining, marina facility, Pa 0 r.e¢,{', y�l•j'�.d',�: ;.i; ,;AiIQ„ISAz'!f.*i�'I%04j,l:l.e•�: 'n R1 •, COMMISSIONERS:•'r, R5 ', p T � m ittl T m 7 N Y A N T R N T a A T \A (� December t L MINUTES " 1979 however, 25 parking spaces for the marine ex- pansion have been provided. 9. That the applicant shall prepare plans for spe tial streetscape treatment along -Via Oporto. Said - plans shalt be reviewed and approved by the City staff and the City Council: 10. That the parking structure be constructed in substantial compliance with the plans submitte 11. That the private alley behind the existing shops fronting on Via Lido be designed in such a way as to provide adequate delivery space to the shops. 12., That a validation system shall be implemented which will provide short-term customer parking for the existing shops on Via Lido and all new shops and offices. 13. That none of the parking spaces shall be re- served. 14. That the public curb parking spaces not be re- moved until. the parking structure is completed, 15, That the applicant initiate a request to ex- tend a center median in Via Lido across Central Avenue. 16, That left turns onto Via Li•Ic from the Via Lido exit be prohibited. lanning Commission recessed at 10:05 p.m and re- onvened at 10:10 p.m. • * w x x * x * fr fr uest to create two parcels of land for develop- t. tion: Portion of Block 50, Irvine'' Sub- division, located on the south- PPROV westerly side of Quail Street be- ONBI- tween Westerly Place and Spruce I L Avenue in "Newport Place". P-C Page 7. Planning Commission Meeting December 14, 1972 Agenda Item No. A-2 CITY OF NEWPORT BEACH December 13, 1972 TO: Planning Commission FROM: Department of Community Development SUBJECT: Use Permit Application No 1636 (Cont Public Hearing) Reqingugarage thatiexceedsconstruction heightplimit park - an thewithin the acceptance 3offantEnvironmentataImpactoReheight limittion porta (EIR/NB 72-020) LOCATION: Lot 1, Tract 1235, and a portion of Lot 2, Tract 1117, located northerly of Via Lido, easterly Oirvsoutherly ofVia Oporto, CentralNewport. ZONE: C-1 APPLICANT: Eastman-Koll Company, Newport Beach OWNER: Don Koll Company, Newport Beach Background This item was continued from the Planning Commission meeting of December 7, 1972. The staff has had a further meeting with the ., applicant and has prepared the following additional information:. Hight - The concerns regardingftheijustificationsofethetincreasediheigumber of height: a) Special treatment of public right-of-way. The appli- cant has not prepared any detailed plans at this time. Final plans for any special treatment of the public right-of-way will have to be coordinated with the Department of Community Development and the Public Works Department, and ultimately will, have to be approved by the City Council. b) Remodeling of existing structures. The plan showing the proposed Public Visual Open Space on Page 14 of the EIR thebuildings. Thesesfootprintsdgenerallyfloororeflectothehe existing situation,, however, one new structure is proposed and certain portions of existing buildings will be removed. In addition, there are existing second floor "bridges" over a number of,the passageways which would remain. c) Provisions for guajrjan�t�l1aeaeIng continued public access. n. ditiap orng ofeAPPPOVAI�wR ahprequlrahfUlUr4 P41MOWng Item No. A-2 0 Planning Commission - 2. TO: to conform to the plans as submitted. In addition, irrevocable offer to dedicate the staff feels that an a public easement adjacent to the bulkhead and access thereto should be required. s d) The scale of the propposed building. The applicant a number of existing has indicated that there are in the area which are nearly as high or The appli- structures as high as the proposed parking structure. of ral rupttbulk cant also ropesedebuildingls that twillhe rhelpetoubreak the the prop the apes - and redu,e its visual state. In addition, that in order to reduce,the overall height cant st,:.:s of the strugture to comply with the basic height spaces limit of should red. itfsho would havewtotbesreduced�byhoneohundtal be noted that this is true only if the total amount increasingthe of shopthemparkingrspace f te retailfice spacepand e ing the height the and on parking. reducedfandtstillsprovideladequateaparki e) The posed structure on the existing impact of the pro though the surface parking lot is not t open space. Even open space," it does provide open i defined ce uEven development, "air, space" in this area. However, any an d affect9thisutou'somerdegreerernative enproposed bevitothe } i park�inQ As the previous staff report states, there are approxi- in this area (including curb maLely 256 parking spaces currently parking and private and public off -proximately twenty but iof the cthe urbt Approximately i ing residential garage spaces). Thisved andcreand placed6with 367 spaceseinfthetproposedcstructurebe (including of p46 ublic aces resultThis would would81 tivate 9 oin sttotal reet, and427 be a net increase of 190 spaces in the area. ( The .resent parking requirements in this area are difficult to the existing commercial uses catcutate. It appears that all of o in regard to parking although several of the 17l private are nonconforming uses do provide some parking. (All.of;the existing The proposed retail space in the off-street spaces are used.) parking structure would require 720 spaces, and the new building Via Oporto would require an and the remodeled buildings across Thus, while the total number of parking additional 108 spaces. spaces is being increased by 190 spaces, an additional demand of it should be noted -that 228 spaces is being created. However, th requirements o•f this project are being met- Further- 1) The medical of the parking more, two additional factors must be considered: while this building does not meet the building will be removed and parking rface ingeQotrisanotorequirnximateld 25 parkit sCode pacesequ2)emThesexor suin be redeveloped at any time. parking and could In response to the staff's concerns relating to the operation of the applicant has stated that they intend the parking structure, the new shops andPofficesaasoweiitasvthedexistingsshopsoaiong Item No. A-2 TO: Planning commission - 3. Environs act Report (EIR/NB 72-020) A) Open Space - On Page 7 of the EIR, the open space figures presented include•the area devoted to the private alleys. If this area (8100 sq.ft.) is deleted, the figures would change as follow: Total Land Area = 50,380 Total Open Space = 3,210 % Open Space 6.4% B) Height - See above C) beenr rdiscussed inTthe he tEIRwo mare r1)lthe nredevelopment atives which hofet the surface parking lot into new retail space with parking for only the new space. The major impact of this type of de- velopment would be the elimination of existing parking. And 2), the redevelopment of the existing residential and commercial structures into condominium or apartment structures. The applicant, however, does not feel that this is feasible within the density guidelines which are would bettolprec1UdeTany chancemofCpublichaccasternothee bay. Conclusions and Recommendations inPconjunctionswithttheeremodelingsed pofkthe existingecommercialsandred residential uses across Via Oporto, will help to will of acreate a pleasant and viable commercial area with a nmenities, including thelstaffcmekesotheefollowing recommendationsParking. Therefore, l mmission makes the ffotlowingdfindings s that hinpregardgtolaninotheSEIR: a) That the report addresses itself to the six areas specifically referred to in Section 21100 of the Public Resources Code. b) That the basic land use 1s compatible with surrounding land uses. c) That the major adverse environmental impacts created by this project will be increased traffic volumes and a change in the scale of structures in the area. d) That these impacts will be off -set by the creation be public access to Newport tBay and will minimizedbythe Condtionsof Approval of Use Permit Application No. 1636. The further recommends ellcation No. 1636 beapprovedsubjectto thefollowingconditions: 1. That a resubdivision application be processed and a parcel map be filed. Item No. A-2 T0: Planning Commission - 4. 2. That the existing water and sewer lines crossing the they fstubs lict wbehnew i ld- be reoved revised as ingeconstruction�,hand that the ere terminated necessary to serve the new building or be to the Public Works Department. in a manner satisfactory eof mhave oremoved rtions tbervacated mwhich and abandoned, utilityelines been 4. That all construction work affecting the water and improvements within the sewer lines, and the street public right-of-way, be sfiown on a standard plan prepared by a licensed civil engineer. S. That the applicant enter into an agreement with the Beach that the proposed City of Newport guaranteeing remodeling of the existing commercial and residential structures between Via Oporto and Newport Bay will conform to the plans and statements substantially submitted as part of this application, and that the ft rh 1, 1974. This remodeling be completed prior to agreement shall be prepared in a manner satisfactory to the Attorney ermits11 e executed prior pnd issuanceiof 6. to rmits for pp posed the Departmentg0f Community Develop- remodetInguance sha to that thetintenttor of thisluseview permiteislfulfilled. 7. That the applicant make an irrevocable offer to dedicate the.bulkhead for the a public easement adjacent to entire 360 ft. of bay frontage, and at least one ease- Said ment extending from Via Oporto to the bulkhead. easements shallbe designed and located in a manner De - nbyithe0e- tshahe of meeting Thesevoffers llrbetexercised 1, City upon completion of the remodeling or March 1974, whichever occurs first. B. approvaRrofaplanstfor the proposedoexpansioncofdtheny adjoining marina facility. 9. That the applicant shall prepare plans for special treatment along Via Oporto. Said plans streetscape shall be reviewed and approved by the City staff and the City Council. 10. That the parking structure constructed in substantial sbe with he plans complian 11. That the private alley behind the existing shops front- to ing on Via Lido be designed in such a way as provide adequate delivery space to the shops. 12 That a validation system shall be implemented which the will provide short-term customer parking for shops and existing shops on Via Lido and all new offices. Item No. A-2 TO: planning Commission - 5. sed 13• That no term morean es be monthly basis. 14. That untilthe thepublic parkingurb structuregispaces not completed. removed nt iate a to 15. That the medianinViatOporto acrosstCentrale nd aAvenue. 16. That left turns onto via (.ido from the parking structure DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director ,I c1 By �i�! X �� taM I ` �r``� WILLI M R. 0 E —^ Senior Planner 0 WRF/kk u Item No. A-2 X: l MARINE SAFETY DEPARTMENT - 70 Newport Pier May 29, 1973 ITEM NO. H-9 (b) TO: FROM: SUBJECT: MAYOR AND CITY COUNCIL Marine Safety Department HARBOR PERMIT APPLICATION #124-3400 (LLATTERAS MARINA) Request to permit the construction of a public marina facility encompassing 840 linear feet of bay frontage containing 55 slips and 18 side -ties for a total of 73 docking spaces. LOCATION: Bayward of Via Oporto and Via Lido (in Central Newport) encom- passing the bay frontage from 370 feet North of Imperial Savings & Loan, including the entire 340 feet of Imperial Savings & Loan Bay Frontage, to 130 feet South of Imperial Savings & Loan. APPLICANT: Eastman-Koll Company, Newport Beach Application This application involves three considerations. Specifically, the applicant requests: 1. A harbor permit to permit construction of a consolidated marine facility, which when rebuilt will contain 55 slips and 18 side -ties for a total of 73 docking spaces. 2. Combine the five (5) existing harbor permits for the subject bay frontage into one (1) harbor permit to be held by the Eastman-Koll Company. 3. Permit slip construction to extend 20' bayward of the U. S. Pierhead Line to the U. S. Project Line in accordance with Section 23J of the Council's harbor Permit Policies. Project Description This harbor permit application is indirectly connected with the Lido Village upland redevelopment. The basic concept of the upland project is to construct a multi -story commercial parking structure in conjunct- ion with the remodeling of a number of existing bayfront structures and the addition of one new structure fronting on the bay. The marina 1, Page two portion of the project consists of redesigning the slips and side -ties bayward of approximately 500' of bay frontage and constructing slips bayward of Imperial Savings & Loan, where none exist at the present time. 1. SLIPS - Currently, within the subject tidelands zone, there are five separate harbor permits, four of which are held by Mr. Koll and one by Imperial Savings & Loan. Combined within these permit zones, are 26 slips, 15 side -ties, for a total of 41 docking spaces. The proposed reconstructed marina, including new slips bayward of the Imperial Savings & Loan property, would accomodate slips for 55 tenants and spaces for 18 side -ties. The total increase in docking spaces would be 22. 2. RESTROOMS - There are three (3) men and women restroom facilities plus one toilet and wash basin within the proposed marina zone. To meet the requirements of the harbor permit policies, the one toilet and basin facility would need remodeling to accomodate men and women separately. 3. PARKING - The existing off-street parking is limited and serves both the slip tenants as well as the contiguous apartments and commercial businesses abutting the tidelands. The staff was unable to ascertain the number of off-street parking stalls alot- ted to the existing harbor permits within the proposed project zone. The original harbor permits were approved in the early 1950's prior to the adoption of the Council's Harbor Permit Policies. To meet the requirements of the harbor ppermit policies the appli- cant proposes to provide 55 parking stalks for the proposed marina. It is the staff's understanding that 25 stalls will be located in the upland parking garage and 30 stalls will be provided conti- guous to the proposed marina. Background 1. The City of Newport Beach Planning Commission on December 14, 1972, in summary, approved the following: a. Use Permit #1636, for the parking structure, subject to 16 conditions. Two of the conditions of approval indirectly relate to the harbor permit. These are: 1. "That the applicant make an irrevocable offer to dedicate a public easement ada�cent to the bulkhead for the entire 360 feet of bay frontage, and at least one easement extend- ing from Via Oporto to the bulkhead. Said easements shall be designed and located in a manner meeting the approval of the Director of Community Development. These offers shall be exercised by the City upon completion of the remodeling or March 1, 1974, whichever occurs first." 2. "That approval of this use permit does not include any approval of plans for the proposed expansion of the adjoining marina facility." Page Three b. Accepted the E.T.R. (E.I.R./NB-72-020) and approved the following findings: 1. That the report addresses itself to the 'six areas specifically referred to in Section 21100 of the Public Resources Code. 2. That the basic land use is compatible with surround- ing land uses. 3. That the major adverse environmental impacts created by this project will be increased traffic volumes and a change in the scale of structures in the area. 4. That these impacts will be offset by the creation of new public access to Newport Bay and will be minimized by the Conditions of Approval of Use Permit Application No. 1636. 140TE: The E.I.R. did not directly address the marina portion of the project. The staff in turn has reviewed the proposed marina regarding construct- ion with reference to the California Environmental Quality Act and can find no significant adverse environmental impact, at this time, by construction of this project. 2. The Joint Harbor Committee on May 8, 1973, on a three to one vote recommended approval of the harbor permit application subject to the following conditions: a. Conditions recommended by the Marine Safety Department staff as restated under "Recommendations". b. That a sewer pump -out system be provided in accordance with adopted City policies and/or ordinances subject to future Joint Harbor Committee review. C. That the proposed public walkway be 8' in width. (Identified by the Planning Commission Condition #7). d. That there shall be no live-aboards within the marina. Recommendation If desired, the staff recommends approval of the Harbor Permit Application #124-3400, subject to the approval of the U. S. Corps of Engineers and following conditions recommended by: A. Staff 1. Proposals for the control of debris shall be submitted to and approved by the Marine Safety Director prior to the demolition and/or removal of the existing slips. 2. That sewer services necessary for a pump -out station or stations be provided in a manner satisfactory to the Public Works Depart- ment. %M1 Page Four r 3. That a commercial fire protection system be installed in accord- ance with plans approved by the Fire Department. 4. That any domestic water services and/or electrical service revi- sions and new installations on the slips be installed under a permit obtained from the Department of Community Development. 5. That no dredging be allowed unless a separate "Dredging Permit" has been approved by the City, U. S. Corps of Engineers, and Santa Ana Regional Water Quality Control Board. 6. That the proposed project comply with Sections 17, 18, and 19 of the Council's Harbor Permit Policies detailing the parking require- ments, safety requirements, and sanitary requirements. B. Joint Harbor Committee 1. That a sewer pump -out system be provided in accordance with adopted City policies and/or ordinances and shall be subject to future Joint Harbor Committee review. 2. That the proposed public walkway be 8' in width. 3. That there shall be no live-aboards in the marina. Discussion 1. The prior approval of the City Council is required on this appli- cation because: a. The proposed harbor permit application abutts upland property that is zoned commercial. b. More than one slip or float is requested bayward of a single parcel. c. The proposed slips will extend 20' channelward of the U. S. Pierhead Line. NOTE: Section 231 (Page 11) of the Councils Harbor Permit Policies states, "U. S. Bulkhead Sta. No. 122 to 125- Piers or boat slips may be permitted to extend 20 feet channelward of the U. S. Pierhead Line." (The Marina project is within these identified bulkhead zones.) 2. Application to the U. S. Corps of Engineers will be made if the City approves the Harbor Permit Application. / Page Five 3. The applicant intends to construct the redesigned proposed marina in phases so as to avoid displacing as few slip tenants as possible. DH:lf 4--4 D. 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', E:' : : •,.: ,,; a; t• N!N/.RtT /IOCN C/t/JO.tr//.. • '•' •`y- �.i`'�•�,`a t' ^1�,{...,,.''r�"'� .i+4 .:. .. - ]sr .. n•_ a-,_:+utl:::+':'.{Sih:�tC'i,.i:i^:ee(1��e)G'J;n. aS•�7ai�eii�rtadnd:'(rt / /AY/mllJ KW , ^. , � :; � j ; fa if ;4:= � ,,;-• f -,;-• I j ,T • f Y", c� 3>r COMMISSIONERS , fY OF N EWPORT ` BEh_'. H �cmc>mv0 <N Z�ym A snu a Al m necemher 14. 197.9 MINUTES (e) An increase in air pollutants, noise and water runoff. 4. That these impacts are, to some degree, unavoid - ble if the vacant portions of'this site are to be developed in any manner. That all of these impacts and potential mitiga- tion measures have been Neviewed apd considered i conjunction'with the adoption of the Planned Comm ity Text, and in conjunction with Tentati Map 7953 (Revised). 6. That develop nt standards have been included ih the Planned mmunity Text and conditions have been placed the Tentative Map which will mitigate, to a degre the adverse impacts of this project. 7. Although the E.I.R. assumes re station service from a site in Newport Place w 'ch may be J deleted, the City recognizes that ire service is a necessity and will be provided. * * * * * * * * * * Chairman Glass complimented the staff bn their pre- sentation of findings on E.I.R.'s which has facilitated the Commissioners' consideration. tem A-2 Request to permit the construction of a publicE.I.R. parking garage that exceeds the basic height limit 2-020 ithin the 26/35 foot height limitation zone, and the acceptance of an Environmental Impact Report. INDINGS EIR/NB 72-020 APPROVED ocation: Lot 1, Tract 1235,'and a portion of JEIGHT Lot 2, Tract 1117, located northerl R I- 9f Via Lido, easterly of Newport ANCE Boulevard, and southerly of Via -Oporto, in Ceptral'Newport. INDING P:PROVED one' C-1 SE ]icant: Eastman-Koll Company, Newport Beach IERMIT 636 wner: Don Koll Company, Newport Beach PPROVED hairman Glass reviewed the application. ONDI- LY Page 3. COMMISSIONERS �_.TY OF NEWPORT' BEC H ��m� vmy0 r..•.. ..... m A nnrnmhnn •1a. IQ77 MINUTES wnev Assistant Community Development Director Hewicker, stated that the report did not cover the provision for .76 spaces 'per slip .in the proposed parking structure to accommodate the expansion of the existing marina facility. He further stated that investigation of leases; and.building permits indi- cated parking rights of the -bank and existing'shop owners in the Lido Shop Area and that there was a proposal to remove on -street parking due to street- scapi'ng •and landscaping;. In response to the Planning Commis§ion, Senior Planner Foley answered questions regarding the present existing parking spaces and proposed re- quired parking spaces, indicating same on proposed site plan. A lengthy discussion followed on history of parking permitted by bulding permits, leases, and H factor in effect; parking in excess of code requirements or number -of extra parking spaces provided by ex- ceeding height limitation; parking required now and parking requirements of the future; and lessor's obligation to provide parking. In response to Planning Commission's question re- garding impact of traffic flow through the area and undesirable left turn situation, Senior Planner Foley stated he had a verbal report from Traffic Engineer Jaffe who agreed with all of the conclu- sions reached in the traffic study summarized in. the E.I.R., which were increase in traffic flow end some delays in left turn movements onto Via Lido which could be accommodated without undue delay. Chairman Glass opened the Public Hearing. Don Koll, Applicant and Owner, appeared before the Planning Commission to answer questions in regard to this request: In response to the Planning Commission, Community Development Director Hogan stated that reasons for justifying additional height:are (11 provision of open space that would not be required otherwise and (2) improved aethetics d.f the area provi'ding addi- tional view and access to the water: Hal Hagen, Co -Owner of the Bay Lido Building on Central Avenue, appeared before the Commission and spoke in favor of this project. Page 4. COMMISSIONERS TY OF N EWPORT BEL A snu nu, m nnremlio b. IIa79 MINUTES Tim Strader, one of :Don Koll's partners, appeared before the•Commiss•ion and requested that Condition No. 1 be changed so that,this zoning exception be approved based upon Applicant's agreement to pro- ' cess the necessary parcel map. Further discussion follow.ed on Conditions Nos. 5, 7, 8, and 13. A lengthy discussion,followed•on public wa.lkway access and easements. There being no others desiring to appear and be heard, Chairman Glass closed the Public Hearing. Motion X The Planning Commission approved the following Ayes X X XX X X findings of Environmental Impact Report EIR/NB Absent X 72-020: a) That the report addresses itself to the six areas specifically referred to in Section 21100 of the Public Resources Code. b) That the basic land use is compatible with sur- rounding land uses. c) That the major adverse environmental impacts dreated by this project will be increased traffic volumes and a change in the scale of structures in the area. I d) That these impacts will be off -set by the cre- ation of new public access to Newport Bay and will be m-inimized by the Conditions of Approval of Use Permit Application No. 1636•. Motion X Discussion followed on Height Limitation Ordinance Ayes X X X X exception and the Planning Commission approved Noes X Height Ordinance Finding that total project does Abstain X meet the four criteria for exceeding basic height Absent X limitation. Motion X Motion was made to approve Use Permit Application No." 1636 subject to the 16.conditions as revised. (Motion X Following discussion,,a motion was made to amend Ayes Noes X X Condition No. 7 to substitute "Planning Commission" "Director Absent X X X X X for of Community•Development". Motion failed to carry. 'Motion Ayes X X ' Following further discussion, the Planning Commis - Noes K X X X sion approved Use Permit Application No. 1636 sub - ject to the following conditions: Absent X Page 5. COMMISSIONERS ( Y CC NEWPORT 7f" Nos% Zmm A December 14, 1972 BEA�-' ( MINUTES INDEX I 1. The applicant shal:l enter into an agreement with the City of Newport Beech to file the I' necessary parcel map. 2. That the existing water and sewer •lines crossi.n the site be removed where they conflict with new building construction, and that the stubs be revised as necessary to serve the new building or be. terminated in a manner satis.fac- 1 i I tory to the Public Works Department. �3. That - the easements or portions thereof from which the utility lines have been removed be vacated and abandoned. i 4. That all construction work affecting the water and sewer lines, and the street improvements within the public right-of-way, be shown on a standard plan prepared by a licensed civil engineer. 5. That the applicant enter into an agreement.with the City of Newport Beach guaranteeing that the proposed remodeling of the existing commercial and residential structures between Via Oporto and Newport Bay will substantially conform to the plans and statements submitted as part of this application, and that the remodeling be completed prior to March 1, 1974. This agree- ment shall be prepared in a manner satisfactory to the City Attorney and shall be executed prior to the issuance of any building permits. 6. Prior to the issuance of building permits for the proposed remodeling, the Department of Community Development Director shall review the plans to ensure that the intent of this use permit is fulfilled. 7. That the applicant make an irrevocable offer to IL C jl i dedicate a public easement.adjacent to the bulkhead for the entire 360 ft. of bay frontage and at least one easement extending from Via Oporto to the bulkhead'. Said easements shall be designed and located in a manner meeting the approval of the Director of'Community Develop- ment. These offei,s shall be exercised by the City upon complet'on of the remodeling- or- March 1, 1974, whichever occurs first. 8. That approval of this use permit does not'in- clude any approval of plans for the proposed expansion of -the adjoining marina facility; Page,6. ' ,. ,CPMMISSIONERS '-'Y C' NEWPORa BEAT+ MINUTES ' IE .�•u mp p C 0- however,'25 parking 'spaces for. the marine•ex- pansion have been provided. 9. That the -applicant shall prepare'plans for spe vial streetscape treatment along -Via Oporto. Said plans shall b'.e reviewed and approved by the City staff and the City Council. 10. That the parking structure be"constructed in substantial compliance with the plans submit.te . 11. That the private alley.behind the existing shops fronting on Via Lido be designed in such a way as to provide adequate delivery space'to the shops. 12.• That a validation system shall be implemented which will provide short-term customer parking for the existing shops on Via •L•ido and AM new shops and offices. 13. That none of the parking spaces shall be re- served. 14. That the public curb parking spaces not be re- moved until. the parking structure is completed. 15. That the applicant initiate a request to ex- tend a center median in Via Lido across Central Avenue. 16. That left turns onto Via Lido from the Via Lido exit be prohibited. * * * * * * * * * * Tanning Commission recessed at 10:05 p.m and re- onvened at 10:10 p.m. Item B=1 Request to create two parcels of land for develop- ON 1 Por.tion'of Block 50; Irvine's Sub- kSUment. division,', located on the south- ED westerly, sAdd of Quail Street be'- tween Westerly Place and Spruce LY Avenue i'n "Newport Place". one P-C Page 7, 3 ^�1'. al. rtj"2,�iY.eCIFC�3J •Ye •r p1`'�A�.X .h1 R'•1 ya`p'v^{<iAii:�:i%tY SSNd\tl �1�i,`' ?lt;.�•..-i.} :o.�:n?b. � 't +�`, tj::....k::�. l.!.i. ;1' S''i}:ar.3h'�>h4,1".'e.� jFnh<. ,R,..:s'•c `-*RN •• +.F f:_^,.".' x`i ��,.�, � S:i;^•;.' . ..f.li ..�^� :t�.: *i � `.ty,;,"�a�'is>�;;:t •,-.r-vy� .1• rq;a�F via'' ;�t;�p'•r�"-•e:N�•: 't+i f.,. . .. :�i `�'> '" ,%"�=tv i >A2'ef 37�i4::�..l=ir a1 F S' =`r\.r} .•} �. �.y-:..� - :v.' r:}�6: �:• g4h'Y,I �..pi:�., t:. � t;. J'„��y��t. . 0 � .MJtII• 3 • \ OU/GOING p e MO/No • iiscrt s ; .ti :J/i vi r !/nrt Nan/r/ Nrof, Gie!%..+rviw EX1-'//B/T RCCrCN /NGM'/NO FxloriNa AW-1 L[aJtO/Y/L.0 /ND 6wrz f //OrlemA C /OlAIlNr /D pf, /4LKN/OJP 11 L d!/N6 fN/ N.!• LY </N/ of //!L'!/L / /N/ / AlIlr//.v Of //A</L /. • , �` '• N!/r.4lT_ /f/ C/N%/.INN::.:!i'1.r7 a '!," \- (•;tpy 'k� •.i ri. 5.:))i�,^.... �; \r: �.�r;Y1'hl,.l'\'� 'h it° �i'.� Yi";�l''i+-Rz A ' '=r�'il'i'4 {'l:•7',.. S}t � �h., •��t/ �'�, Y'rW tiM tE` �q TO: FROM: SUBJECT: MAYOR AND CITY COUNCIL Marine Safety Department 'HARBOR PERMIT APPLICATION #124-3400 BY DON KOLL CO. ,TO REVISE AN EXISTING PERMIT TO INCLUDE A 7' WIDE PILE SUPPORTED WOOD WALK BAYWARD OF THE BULKHEAD LINE AT ,IMPERIAL SAVINGS AND LOAN. Recommendation If desired, approve the application subject to the approval of the U. S. Army Corps of Engineers, and the South Coast Regional Zone Conservation Commission and following special conditions: 1. That.the walkway be`cpen,to the public 2, That the structure be mairitained by the-permittee Discussion This application requires City Council approval under Section 5 paragraph B and C-3 of the<City's Harbor Permit Policies which state "B. Prior approval of.the City Council will be required before the Marine Safety Department may issue any Permit that 'does 'not conform to the Standard Harbor Drawings and the -adopted Harbor Permit Policies." ".C. Prior approval of the City Council will also be required before issuing a permit for shore -connected structures when: ` 3. The abutting upland property is zoned commercial. The Don 'Koll Company wishes to construct the subject board walk to provide a southerly extension to a;6' wide walkway easement northerly of Imperial Savings aril Loan as shown on the attached drawing. This easement was required .aa condition of;approval 'on the Koll Company's original harbor-permit'a;approved by the City Council on May 29,`1973, and the Planning Commission!s.t7se Permit #1636 approved. December 14, 1972. February 1, 1974 TO: Planning Commission FROM: Department of Community Development SUBJECT: Resubdivision No. 433 (Public__Hearin Request to create two parcels of land where 7 lots and portions of-'2 otherlots now exist. LOCATION: Lots through 14 and portions of Lots and 15, Tract 1622, located at 3366 .Via Lido, on the northeasterly side of Vial Lido,;:southeasterly of Via Oporto, in the, Lido Village`Area:' ZONE: APPLICANT: Don'Koll Company, Newport Beach OWNER:, Imperial Savings and Loan Association, San Diego ENGINEER: Raub, Bein, Frost.& Assod., Newport Beach Application This application requests approval of a resubdivision creating two sites where asingle' development:now exits. Planning Commission procedures are outlined in Section 19.12.040;of, the Newport Beach Municipal Code. Environmental Significance,` This project has been reviewed, and it,has been determined that it will not have any significant environmental impact. Subject Property and' Surrounding Land Use, The Imperial Savings Buildi_ng`and a portion of its required parking"'- spaces are located on the'subject'property_at present. To the north, are commercial,,,buildings within`°.l:ido°Village"; to ,the east, is Newport Bay; to the;;south,.are comicercial`and residential uses; and to the south, across Via Lido, are commercial uses. t AnIalysis'and 'Recommendation The existing building on the` site consists of a 5 story wing (with office space on the first three floors, an employees cafeteria and kitchen on the fourth floor, and a glass screened "promenade deck and _equipment rooms on the fifth floor) and a two story .wing with office and banking; areas. ` The property owner intends torelocate all of its operatibns within the two story wing of the building, and sell the five story wing of the structure to the Don-Koll Company. .Therefore, a resubdivision is necessary. Parcel 1 has an area of 0.323 acres; and consists of the 5 story portion of the existing, building. and 20 parking spaces. Parcel 2 has an area of 0.496 acres, and consists of the two story portion of the building, and>22 parking;spaces. Ttem No. A-3 It should be mentioned that the unusual configuration of the common property line between the two parcels adjacent to Newport Bay is the' necessitated by the,.requirement-that the existing fire escape on 'enclosed within Parcel 1. The `. five story portIon of the structure be Uniform Building Code also requires that '%there,be.no openings between the two portions:of;'the structure. `with :this proposed resubdivision. wing encroaching onto The 'existing '`:eave overhang`of_the,two story Parcel will also have to be,removed. Parkin Rt'its"meeting of August 20 1959;''`the Planning Commission approved . building and,'- Variance No'.;t555 to allow the expansion of the subject to a portion: -of the required parking spaces to ;be located on a permit separate parcel, subject to`the condition that an Off -site ,Parking -that said parking area will "always Agreement be 'recorded, stipulating,' be used to provide the amount of parking'. being waived at the building sIte.'.'s The off -site Parking Agreementwasrecorded on January 15, "that aubject lot, :located -at the south - 1960, and statesthe parking. easterly corner of,32nd St'reet"and,ViIla Way, shall contain ;at least; 71 parking spaces. (Seventy six parking"stalls exist on the subject property at present.:) , It should be' mentioneAgreement also states z that "this 'agreementshall -run with,the :lands herein described and thereof," Since the' sha]1'bind the successors,of,the':present-owners and the applicant:"will have joint use of the subject property owner parking lot as Well, as the'parking`areas;adjacent-to the existing is no' building, theAssistant City.Attorney has determined, that it .Attorney. tos:amend,the .existing;oarking agreement Signs At its meeting of.January,21, 1971;�the, Planning Commission approved flodification No. 266 to pormit Imperial;Savinns'to install a:391 sq.' o (waterside) facade of; ft._identifIcation ,;°wall sign nthe easterly (to' reiplace the farmer the five story portion of the structure" "Newport -.Balboa Savings" sign)y but required i:hat the ,proposed sign" on the northerly elevation 'of ttie';building,be reduced'to the legal building N dimension of 200 sq .ft: .Other,.conforming signs on -the also reflect the new identity of the "Imperial Savings" were changed. to Building. It shouldbe°mentioned that all of the"-Imper�ial Savings" signs located <#!` onthefive story,` portion'of;the building will be be removed when r the,ParcelcMap is,recorded or.when' the current property owner ,no of,its banking business within longer conducts a substantial,,portion the -five story building, inasmuch as the Municipal Code'wi1L not maa ':'„ff-�;rp-elan nnrthe;nremises ruoiic WdIK'na �caocmcn a At"its meeting bf January�28' Permit Application.1N124-3400' Koll Company,-�to: permit walkway„baywardso`.f.; the"bulk' ,portion of :the subject,build It should be'mentibned,that" subject boar(;walk 't"o provide walkway easement:northerly,o of. approval of Use_Permit.NO structure in "Lido, Village" No.:1636.was to dedicate;a;p for the entire 360'feet"of.6 one easement from.Nia Opont'o Y. i. ,'•the`,Ctty Counrcil'approved Harbor >ing;an existing'permit.of the Opn,,' fdel-01 6 sup'oorted -wooden public ine'in front of :the"five story .e. Pa rce V Aof�this,app11cat16h) plicant desired to; -construct the therly exteilsion.to.a fi:foot wide subject property'',that was_a conditioi (i'.e..Ko11.', 'multi -storied parking ndition of approval of Use Permit easement adjacent,to the bulkhead ntage,of Ko'I1's property, as well as 6 bulkhead.) TO: Planning Commis The.Marine Safety 0epar'tiaent h - . 1W n - 3. suggested that a 6 "foot wide public acent,to the bulkhead line on Parcel ccess easement across Parcel 2 be n .Via Lido and the,6 foot wide public ,e mentioned ;that the :'subject public ,rd of the bulkhead line at this wide concretelsidewalk exists between rtion of subject building.' `ety"Oepartment's recommendation"since , buikhead of Parcel 2 is a logical; ,ements;proposed along Newport Bay as iarkingjarea'-from the,6 foot wide ease y ' bdivision No. 433,:subject to the I'ed. f'the Uniform'Building Code be met;. 5f Ahe•Parcel Map. . ' ification signs of,Imperial Savings arcel I (including the signs attached on,of the buiIding)•;at.such,;time . ger conducts a,'substantial..portion'' subject%structure;.or prior_to the`". Map;;whichever,occurs .1ast. 5 dation of the`°Parce]'Map the property 61nimum;6 foot wide::public walkway, — e:-bulkbead, on ,,Parcel `2 so as to ed boardwaW,bayward„of Parcel 1. ,. dai;ion of "the. Parcel Map the property public:' walkway easement across Parcel ween...Via Lido',and the 6 foot wide edition No. 4-above. ENT`.. �$r h Ten tative.Parcel'Map CITY OF NEWPORT BEACH February 15, 1974 I1111 bll '116 P.1 .rYC-YV1I.I YI YMy Y'v: Ya-a.0 euv� •rr� �� ••.^' - � 'c n No. 124=3400. . February 15,'1974 TO: Planning Commission FROM: Department of Community Development SUBJECT: Resubdivision No 433 (Public Hearing) Request to create two parcels of land where 7 lots and portions of 2 other lots now exist. LOCATION: Lots 8 through 14 and portions of Lots 7 and 15, Tract 1622, located at 3366 Via Lido, on the north- easterly side of Via Lido, southeasterly of Via Oporto, in the Lido Village Area. ZONE: C-1-H APPLICANT: Don Koll Company, Newport Beach OWNER: Imperial Savings and Loan Association, San Diego ENGINEER: Raub, Bein, Frost & Assoc., Newport Beach Background This application was continued from the Planning Commission meeting of February 7, 1974, by applicant on behalf of the property owner. In the interim period the staff has met with the Don Koll Company and Imperial Savings and Loan Association to discuss .their concerns related to the timing of planned alterations to existing structures and the construction of a boardwalk bayward of Parcel 2. As a result of these discussions the staff recommends the approval of } Resubdivision No. 433 subject to the following conditions: 1. That a Parcel Map be filed. 2. That prior to recording the Parcel Map thn applicant shall furnish the City an agreement satisfactory to the Building Official and the City Attorney guaranteeing that all requirements of the Uniform Building Code shall be met within six months following the recording of the Parcel Map. 3. That all existing on site and building identification signs of Imperial Savings and Loan Association on Parcel 1 shall be removed at such time as Imperial Savings and Loan Association no longer occupies or conducts a sub- stantial portion of its business from the existing structure on Parcel 1. The size and location of all new signs on Parcels land 2 shall conform to the current requirements of the Sign Code. 4. That the pile supported boardwalk proposed for construction bayward of Parcel 1 and providing a southerly extension of the proposed 6 foot wide public walkway easement to the north shall be constructed as authorized by Harbor Permit No. 124-3400. Itcm No. A-1 • tom' ,� RESOLUTION, NO- 8 24 9 , ` A RESOLUTION OF THE COUNCIL OF THE CITY BEACH AE goRIZING THE EXECUTION OF . I OF NEWPORT AN, AGREEMENT: BETWEEN THE, CITX OF NEWP RT '& LOAN ASSOCIATION, BFACFi, TMPERiATi SAVINGS DONALD M'.- KOLL, FOR BOARDWALK AND PUBLIC NO. 433 AND ACCESS IN CONNECTION WITH RESUBDIVISION has-been presented to the City Counc3'1 WHEREAS , there :..+; v Newport Beach -a certain agreement between the !.M of the City of Imperial Savings & Loan Association, •.,'•,?;• �• City of Newport Beach, .:. •• and Donald M. Koll, for boardwalk and public access in h connection with Resubdivision No. 433; and WHEREAS, the City Council has considered the tezms said agreement and found them to be fair an d ; :.'•:1v and conditions of ' equitable, and in the best interests of the City; I )•r =••; TIiERErORE,_ BE IT RESOLVED by the City Council NOWT Newport Beach that said access agreement above of the City of is approve the Niayor and City Clerk are hereby ' describe3 on behalf of the authorized and directed to execute the same authorized City of Newport Beach: ADOPTED this 13th day of May, Mayor ATTEST: City Clerk '•J CMACt IRS 60REAL[2 , -. MARSH LFTOMLZY M. JACR W. CPVMLLY, ,.. OREMAH 1 tA1V OFFlCC.EI ROBERT 0 RORCRT C M90(MNIS - POBCRT STEINER iY ROLCRS P. A lCIHCR. ... EHTWILLIAM LUCE FORWARD, HAMILTON h SGRIPPS ^' HARIC50N I. C MILES HMVLT .WILLIAM N. M�xENz1E,JR 1 " ER30H 1]00 TNSANK O-F" IK-' PLATA JOIN A. )S G.ERALLDS. DAIZ [ JAREA Md. DO RTT JRHOADS THEODORE W GRAHAM I16, WE3TA STREET G..LMARK C.DOVGLAS ALFORD JOHNW RROO.%JR. .CAIFORN- JLRRY W. MONROE WILLIAM L HOCSC RAN pIEO, CALIFORNIA 02101 Q .LA JOLLS OFFTOE 71e3 GwA.n AVENUt LRILCLODO[ JAM IS L. CCRMANN .p14]2]6�I414 LA JOLLA. CALI FOR NIA 92031 RICHANDW SWEAT; RICNARO 7I4/459-4011 JOHN O,COLLINS LOUTS EAOEGEL GREGORY A POST SRIAN D. MONAGHAry JOHN C STISFA DONALD L. SALEM Marche 18,. 1974 MICHAEL LSIRRY STEVEN 3.wALL CRNCST L WIOEMAN ANN PAROOE ROSCRT R. COFFIN - LEE P.RYDALCH EUGENE J. SN-VA 1H0HAS M. MURRAT WILLIAM M. SCHINDLER USTEPHEN".TRGC STEPHEN R. SROwN DAVID J. NOONAN - Mr. Hewicker CommunityDevelopment Department City of Newport Beach 3300 Newport Boulevard Newport Beach; CA 92660 Dear Mr. Heeicker: c�- -- �"� f 'iU V,.� @ ; `'.; '+ .t,, � � Y`--C#..`✓�..ie," �..CSo.%� G�.� 'f? l.,,s ::1� �. r ... ... .. .. ... ....... ...n..... I . ........ .. ....�.. .... ...,.. , . RFcpROTN. PLEA:[ r,CTI'lIN 10, REQUESTED B LAURA L -0;Cv, C17Y CLERK CliYCr:t:';C:C;7MACH. 3300 KEl"�r^G.;7 SCL'L'VARD i NaypG;:i 3 ',CH, CALIF. 92660 szi ! 14,Pct4�t 21486 RECORDED IN OFFICIAL• REc RDS : ,FREE ' ' ' OF ORANGE COUNTY, CALIFgZN1A CS s:os A.M. hfAY 21 1974 AGREEMENT 1. WYtlE CAPLYLE, CCU Recorder This Agreement is made and effective this 64 day of. 1974, between IMPERIAL SAVINGS AND LOAN ASSOCIATIO ("Imperial"),'DONALD M. KOLL ("Koll") and the • CITY OF NEWPORT BEACH "the. ' Cit " • ( y ) with reference to the fol- a.lowing facts: ' :Imperial is the owner of that certain real property described in Exhibits A (Parcel 1 ) and 'B (Parcel 2•) at- -.tached hereto and by this reference made a part hereof. :;',,,"•,:-B. Koll is the owner of that certain real property des - bed in Exhibit "C" ("Parcel'3") attached hereto and by this ..reference made a part hereof. C. ' Imperial has agreed to sell Parcel 1 to Koll pursuant to an Agreement of Purchase and Sale of Real Property between Imperial and Koll. D. -The Planning Commission of the City has approved a Resubdivision J Resubdivision No. 433) allowing the sale of . the property to Koll on condition that prior to the recording of a Parcel Map, Imperial shall furnish the City with an agree- ment satisfactory to the Director of Community Development and the City Attorney guaranteeing• the construction of a boardwalk for reasonable public access bayward of a portion of Parcel 2. I THEREFORE, the parties hereto agree as follows: -1- Sac .149PC 1452 l 1,. . A boardwalk - for reasonable -public access bayward of a 'portion of Parcel 2 ("the 'boardwalk"), extending forty=seven (4;7) feet southeasterly of Parcel 1 shall.be constructed by Koll at no expense to,Imperial. The public access referred to herein is .'.pedestrian access. : 2. ' Said boardwalk shall be so constructed as to provide a southeasterly extension of the boardwalk proposed for construc- y. b Koll ba yward o£'•Parcel 1 and shall be completed within .one ;,.�;;,.,..,•.......tion ,;;;; :.'year following the recordation of the Parcel Map of the Resub- `s; :,division. (See plot plan attached hereto as Exhibit "•A-1") -•Imperial- shall allow public access to the boardwalk ,over a portion of the concrete sidewalk located bayward of the .'two-story building on Parcel 2. Imperial shall allow access to the concrete sidewalk'over the parking lot located on Parcel 2. Access from the concrete sidewalk to the boardwalk shall be con- structed by Koll at no expense to Imperial. 4. If the concrete sidewalk is ever utilized by Imperial, or its successor -in -interest, to expand the two-story building now located on Parcel 2 or to construct another building in its place, the rights of the public to access to the boardwalk across the concrete sidewalk shall terminate. 5. This Agreement shall be recorded in the Office of the Recorder. of Orange County, together with the following notice specified in 5813 of the California Civil Code: -2- C' 9X 1 IJ�49Pc 14.53 "The right of the public or any -person to -make any use whatsoever of the above described land or any por- tion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission,.and subject to control, of owner: Section 813, Civil Code." Upon commencement of any expansion or construction on the area now utilized as a concrete sidewalk, a notice of revocation of the S813 notice shall be recorded by Imperial in the Office of the :•,. �M.,.,,: -. Recorder of Orange County. A copy of such notice shall be mailed ''` "'•• ..,by Imperial to the City Attorney of Newport Beach and to Koll. The notice of revocation shall state that the rights of the public to access over the concrete sidewalk are terminated but that the 'rights of ttie public to access to the extended boardwalk over the parking lot located on Parcel 2 shall continue as provided in this Agreement. 6. In the event of such termination, Koll agrees to con- struct an extended boardwalk southeasterly of the boardwalk bayward of Parcel 2 as may be required by the City. Construction of such extended boardwalk is not a condition precedent to the termination of the right of public access across the concrete sidewalk. 7. The rights of the public to access over the concrete sidewalk shall be terminated upon construction of a boardwalk 'extending southeasterly of the presently proposed boardwalk bayward of Parcel 2, whether or not,the concrete sidewalk still exists. If such a boardwalk is ever constructed by Imperial, Koll or any -3- e 1 1 149N 1454.) other person or entity,, then Imperial:.may: record,a notice of re--; vocation as provided in Section 5 hereof and the right of public access over the concrete sidewalk shall.immediately terminate: A copy of such notice shall be mailed by Imperial to the City Attorney of Newport Beach and to Koil. - B. Upon construction of an extended boardwalk southeasterly of the boardwalk to be constructed bayward of Parcel 2 Imperial n4?*d •: ?�.0 •'its r•i+t ` ... . , shall allow public access to the boardwalk over the parking lot .1. 4 -located on Parcel 2. Access from the parking lot on Parcel 2 to the extended boardwalk shall be constructed by Koll at no ,, expense to Imperial. The location of such access shall be de- signated by Imperial. 9. If Koll or his successor -in -interest constructs a boardwalk bayward of Parcel 31 Koll covenants and agrees to allow public access to such boardwalk over Parcel 3. Koll's agreement to allow public access over Parcel 3 to any boardwalk constructed bayward of Parcel 3 is a covenant made expressly for the benefit of Parcel 2 and is intended by Koll and Imperial to be a covenant running with both Parcel 2 and Parcel 3 as provided in Civil Code Section 1468. Said covenant effects the use of Parcel 2 and is expressly made binding upon successive owners of Parcel 3 for the benefit of Parcel 2. 10. "Upon construction"of"a boardwalk bayward of Parcel 3, Imperial may record a notice of revocation of the §813 notice, provided for in Section 5 hereof, in the Office of the County Recorder of Orange County and mail a copy of such notice to the -4- Er(1 1 149PG 1455 : City Attorney -of Newport Beach and Koll. Said notice shall state that all rights of the .public to access over the parking . lot on Parcel 2 and all public access across Parcel 2 provided under the terms of this Agreement is terminated.. 11. Nothing contained herein shall be construed as an express or implied dedication of any rights to the boardwalk or of any easement or access rights, or any other rights over the.property'of Imperial or Koll, to the public and no common law dedication of access or easement rights, or any other rights over the property of Imperial or Koll or over the board- walk shall arise by virtue of the terms of this Agreement. 12. 'Nothing contained herein shall be construed.as:an express or implied grant or dedication of any right of the public to park vehicles in the parking lot located on Parcel 2. Parking privileges in that lot shall continue to be reserved for invitees of Imperial or its successor -in -interest. •. 13. Imperial may take such reasonable safety and security measures as it deems necessary to protect its business or property including restricting public access to portions of. Parcel 2; provided, however, that the public shall not there- by be denied reasonable access to•the boardwalk as long as this Agreement is in effect. 14. Koll'is presently leasing from .Imperial the property bayward of Parcel 2. Therefore the boardwalk, and any extension thereof, bayward of Parcel 2 shall be maintained and repaired by Koll. -5- :..... ::i•(o.:•,.i,•;;.,•,>i::4i+8:ig8:aii�:iR:$!::N91 :S:E'3ii::::N;+�•ii•`�'37l�i?;;:';i$;;ge!e+;:' •fi+r!: ••• . 89t 1 D E 43�t 1455 i 15. This Agreement is to be executed by the Mayor of the City pursuant to a duly adopted resolution of the City Council of Newport Beach. 16. This Agreement and every covenant and condition con- tained herein shall.be binding upon and shall inure to the benefit of the parties hereto, their heirs, personal representatives, successors or assigns. ; 17.'• The parties hereto may seek injunctive or other appro- ' priate relief to enforce. the terms of this Agreement. 18. In the event that any party hereto shall institute any ' 7, legal action or proceeding against the other party on account of the other's failure or refusal to perform or fulfill any of the terms of this'Agreement on his or its part to be performed or fulfilled, then it'is agreed that in any such action or pro - needing the prevailing party shall be entitled to its reasonable costs therein and such further and additional sum as and for its attorneys' fees as the court in such action or proceeding may adjudge to be�reasonable. . 19. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be valid under appli- cable law, but, if any provision of this Agreement shall be deemed invalid or prohibited thereunder, such provision shall be ineffective to the extent of such.prohibition and invalidating which shall not invalidate the remainder of such provision or the remaining 'provisions of this Agreement. C• STATE OF CALIFORNIA COUNTY OF S�AO SS. . »1 On AAi�'7— 0 19, 1974 before me, [lie undersigned, a Notary Public in and for said County and State, personally appeared HaAity H. Hotthuaen known to me to be the President, and G)taee H. HaIghm known to me to be AAAxi7Llt—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. e Signature 1. Name Milled or Printed) Notary Public in and for said County and State eK E t i 49PD {458 FOR NOTARY SEAL OR STAMP OFFICIAL SEAL cd"Sm' IIOTART PUBLIC CLLiK'N14 • ,st� PTU:CIPAL OFF:i,E IN ' i rmy SAN DIEGO CCUNIY i j Commissicn Expires Feb. 15. 1977 TO ..T e (Individual) STATE OF CALIFORNIA COUNTY OF ORANGE } SS. tOn - April 30, 1974 before me, the undersigned, a Notary Public in and for said State, personally appeared DONALD M. KOLL Y c W x W J In be the person _ whose name 1S subscribed e to the within instrument and acknowledged that he executed the same. WITNESS may\hand and official seal. Signature- n1ANNE J. HARTFORD Name (Typed or Printed) known to me u amm�mnnmxnmwmuimxmnnmunmm�mm�unmunnn«...... 11nINIxIIn W xnlLL OFFICIAL SEAL DIANNE J. HARTFORD E •v NOTAW PUSLIC•C4LIFORNIA '> PR.NWAL OFFICE IN ORANGE COUNTY a My Commission Expires April 19, 1975 mnmwmwuxn.nmxmn«munmunnnnnnmumm�mmnmwixmnmwmiwmmim (This area Or official ..tuial less) 13. 1974 Motion Aye s 1 1 i i E CONSENT CALENDAR: The following items were approved by one motion affirm- ing the actions on the Consent Calendar: 1. The following ordinance was introduced and set for public hearing on May 28, 1974: Proposed Ordinance No. 1562, being.' AN ORDINANCE F THE CITY OF NEWPORT BEACH REZONING P OPERTY AND AMENDING DISTRICTING MAP NO. 4, Planning Commission Amendment No. 431, rezo 'ng property located at 212 Riverside Avenue, on the outheasterly side of Riverside Avenue northerl of Avon Street, adjacent to Newport Heights, from an R District to the C-I-H District. (A report from Comm ity Development Department was presented.) 2. The following resolutions Resolution No., 8245 warding a contract to Sully - Miller Contracting Co. for street resurfacing, Ford Road and Bayside Drive, 1973-74, Contract No. 1614. (A report from Public Woks Director was presented.), Resolution No. 8246 awarding contract to Consoli- dated'Construction Corp. for co truction of addition to the Automotive Parts Warehous Contract No. 1572. (A report from Public Works rector was presented.-) Resolution No. 8247 authorizing executioik of an agreement between the City of Newport Be h and Covington Brothers in connection with the di oeitior of water pipe across certain real property loc tad in the City of Huntington Beach and further authori ing the execution of a Quitclaim Deed relinquishing t City's interest in said property. ( A report from Public Works Director was presented.) Resolution No. 8248 authorizing execution of an amendment to lease between the City of Newport Beach and The Irvine Company extending the term of the grokind lease of the temporary storage yard at Fifth and Dahlia Avenues. (A report from Public Works Director was presented. ) Dist Map 4 ' 0-1562 Ford Rd & Bayside Dr Resurfac- ing R-8245 Automoti %, •: Parts Warehous,. R-8246 HB Water Line Easement R-8247 9 Resolution No. 82 9 authorizing execution of an Lido agreement between the City of Newport Beach, Imper- Village ial Savings and Loan Association and Donald M. Koll, R-8249 for boardwalk and public access in connection with Resubdivieion No. 433. (A report from Community Development Department was presented.) :. �:R'egu�`ar'.P1dnni•ng'�`Commlssi•on'Meetiirg �' Place:'' .City,Council••.Chamb•ers':• Time: 300 P.M. ' MINUTES .•• •.n.a r , reuruar n ci INDEX Present X I X * *Arrived' at 7:00 P.M.' Absent X E r--lD.0 ICI0 MEMBERS R. Y. Hogan, mmunity Development Director David'R. Baade, stant City Attorney Benjamin B. Nolan, C ngineer STAFF MEMBERS James D. Hewicker, Assistant - ning Hilliam R. Foley, Senior Planner Shirley L. Harheck, Secretary- Item A-' Request to create two parcels of land where 7 lots RESUB- and portions of 2 other lots"now exist. BTVTSI : ;; .. ; A 3 Location: Lots ;$ through'14 and portions of Lots 7 and 15,•Tract 1622, located APPROVt 'at 3366 Via Lido, on.•>the•north- DI - easterly side of Via -Lido, south- TTift CL'- easterly of Via Oporto,'..1n the Lido •Village Area. Zone: C-1r11 Applicant: Don Koll Company, Newport Beach owner:, Imperial Savings, and Loan:Associa- tion, .;San.Dlego: Engineer: Raub,.Bein,-.Frost & Assoc., Newport Beach' Community Devel.opment'Direcior-Hogan-reviewed and clarified Condition No. 5 as recommended by the staff'which wit.1:•insure•public.access•adjacent to the --Bay by.•means.of,,a.boardwalk•and•walkway.. h•d Public' opened,Aconnection'•with..this 'hearing:'•wns.; matter. T•iI,' Strader:; .Vice:•.P'resIdent'..of .Don "Co ;. :. ::., .:;Ko1I appeared`,'before",theelenning: Comm�ssion:,and;:js:: _ :• 1 .., .,� :�•• 'hv t •t 4• )li '•i, ,. r.'� �..j'f l ,,: ,- ;ry {t '{ 7 M ;concurreE' wi.thatih'e":ond1•tlons a's: r`ecommendeda ;. ' •.; ' " " Y . i.y �.}1 {�. •! I / •Q J 4 y"•• L ly •.� N{Y ! • � % }, .y✓ 4 � � t if.}1 V I.I. f.' •{, ira "stnrf�tr' ,:•�. � � , ,q� �yyff� • T .I' �/� �yn,1+..: ti . Y `�%�>: '41f ! ! 1 •4"i '4' �i` •r . '` �~f �• i Si'. r� p t' � . 'tl �•�.:� h 4 . i 1 � ;�•(l• &;11i$r �''�+�il• r �` � r M � � ,.... eYt s t RESUBDIVTSION APPLICATION No. CITY OF NEWPORT BEACH Fee $12_5.00 Department of Community Development Zoning and Ordinance Administration Division 3300 Newport Boulevard Phone (714) 673-2110 Applicant Don Koll Compary Phone 833-3030 Mailing Address1901 Dove Street, Newport Beach, California: Property Owner Same Phone Same Mailing AddressSame 33G Location of Property Involved Northeasterly of Via Lido and southeasterly of Via Oporto. Zone C-1-H Present. Use Commercial Legal Description of Proper'ty•Involved (if too long, attach sheet) The northwesterly 20.00' of lot 7, the southeasterly 40.00' of lot 15 and all of lots 8 through 14 of Tract 1622, as shown on a map recorded in Book 47, Page 39 of M.M. records of Orange County, California. List any exceptions requested from standard subdivision requirements Signature of wner Date 11. 1974 Tf gnature of Applicant or Agent Ua6a XXXXXX'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX DO NOT COMPLETE APPLICATION BELOW THIS•LINE Date Filed I - 1 q--7 1 Fee Pd. k7T Receipt No.i7,Aa9 P.C. Actio — UT" A ` r to Q-Q I-`it4� Appeal filed by Date C.0 Heari ng._ ._._ C. C. Actio •7♦I.••11•Y111(,YS:,.'.dR 4ti1.'llJl:dualSlFh.IY�/�A�{��4�ilyi}�1{�'li�.•'Q��T'iWcl(w1:•i4�s�11`/tl(.. ..Twt.. �u �.•li�l�d}d.•3���:�4�M�•Y•w1nl.JN.1:Ws'.un RACH C(o-AMISSIbNERS CITY or- NWPORT 1>tw.3,1, a P m Regular Planning Commission Meeting MlNutss m % Place: City Council Chambers Time: 3:30 P.M. ROLL CALL t r February 21, 1974 _ INDEX Present X X••• X X * *Arrived at 7:00 P.M. Absent I ; X Su ICIO MEMBERS R. V. Hogan, mmuwfty'Oeve lepment Director i David R. Baade, stant City Attorney ,Benjamin B.,N01:46, .0 '�ngineer STAFF,tJMBE.RS' James .D.,Hewicker, Assistant Director-'P43��ing �Fdh'y;+' P1Ahne'r ' W'i 11� jam •R: °eH.i'or Shirley L. Harheck, Secretary Item A-1_ !Request to create twoparcels of land where 7 lots RESUB- DIVISION and portions of 2 othdr lots now exist. j i I Location: Lot§ 8 through 14 and portions of Lots, 7 and 15, Tract 1622, located APPROVED I at 3366 Vi'a Lido, on the north- C DI - easterly side of U a Lido, south- TT ffrLLY easterly of Via Oporto, in the Lido Village Area. Zone: C-1-II I Applicant: Don K,oll Company, Newport Beach Owner: Imperia-1 Savings and Loan Associa- tion, San Diego Engineer: Raub, pzt�n, Frost & Assoc., Newport Beach I Community De'v,el;o,pment .Director Hogan reviewed and cta'rifted•Cond'ltion No.'5 as recommended by the staf.f_whI,ch •,wi:l,ll insure public access adjacent to —t•h•e•=Bay'-bey-means• of-a•boa•rdwal-k and walkway. ;Pg0,lid_ he.ar.,iqg,'1as•opened in connection with this mat'td'r. Tu4 S,trader-,,.,V.ipe President of Don Koll Company, Appeared bdfo're'the Pl-anning Commission and concurred with the.conditions as recommended by th'e, staff. Pape 7. - , .. ,. ,... ,':1._ .._"[:7, `�^--"'w..e,ww„i•u.,wev�wnrsM} • r. :af•x2y,72� Recording,requested by: Attorney • • and when recorded return to OLEN PROPERTIES CORP; 17991 Cowan Street Irvine, 'CA 92714 NOTICE OF'REVOCATION OF CIVIL CODE'SECTION 813 NOTICE Pursuant to the terms and conditions - of than certain Agreement dated May 16, 1974, between IMPERIAL SAVINGS AND LOAN ASSOCIATION, DONALD M. KOLL and the CITY OF NEWPORT BEACH, recorded in the Office of the County Recorder of Orange County on May 21, 1974, Instrument Number 21486, Book 11149, Page 1451,,and paragraph 10 thereof, OLEN PROPERTIES CORP., successor in interest to IMPERIAL SAVINGS AND LOAN ASSOCIATION and owner of that certain real property described in Exhibit "B" attached thereto, as follows: The northwesterly 20 feet of Lot 7, all of Lots 8, 9, 10, 11, 12 and 13 except the northwesterly 30.75 feet of Lot 13 of Tract 1622, County of Orange, as shown on the Map recorded in Book 47, Page 39 of Miscellaneous Maps, filed in the Office of the Recorder of said County.", also described as: "Parcel 2, 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.", HEREWITH GIVES NOTICE that the notice•pursuant to -Section 813, Civil :Code, recorded in the Office of the County Recprder of Orange County on June 24, 1976, Instrument Number 26320, Book 1180, Page 1939, providing, inter alias 0 W w 0 y c r�a E '"The right of the public or any person'to make any use of the aboye'described land or -any portion thereof (other than the use expressly allowed by the agreement referred 'to above) is ljy permission, and subject to ;control of the owner:, Section 813, Civil Code: is hereby 'revoked, and all rights of -the public over the parking lots on said real property and all public!access across said real property provided under the terms of said Agreement are terminated. DATED: June a, 1988 OLEN PROP RTIES CO BY: IGOW O NICOFF, President I STATE OF CALIFORNIA Iss. COUNTYOF Oran e "nm a 2 R . 1988, , before me, the undersigned, a Notary Public in and for said State, personally appeared Igor Olenl COLT _ and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Aacrelaq.-Cn behalf of Olen Properties Corp. the corporation therein named, and acknowledged to me that suchcorporalion executed thewithin Instrument pursuant to Its OFFICIAL SEAL by-laws or a resolution of Its board of directors. DONALD E. STUDER / , Not'WDIEGlc-CallNTY WITAESS my hand ¢nd official seal. � SAN OIEGO COUNTY ( My Comm Exp. June 18.1991 Signature. o/ (This area forofficial notarial seal)