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Home My WebLink About20 - 191 Riverside - HandoutWotwj •M Z pva' 4p d� .r 2 rj AV9N 'SVmsvC �4)1U71NC��'S HXNIv'%r A•I AIWA 41N6 � � �NVw,rss �ASC�icxr PA[IFtiG GOMT vkyl �I 1 WALDEN & ASSOCIATES, Inc, : VKH16Vr Ri mot n Avenue. Sdte B Sants Ana, Col JOrNa p�,G, 4ARAT10N E.5TAr74l'�N I W G� 91701 AWL4S Au0 9ARKtNt 1 GA9te�tEaT 7 (711) i19.0.R19 1! Si all 0 —i m m d- z O m . v n D N _q G) m _ D I� z v D m z m v F ;•' }'lj9 v�isC.o- i � L P:1, ;.1 r r �:,: � :fir.. V k:.... .. ... ., .. . • M.. sl ... . ., � 4 ; Y ;� {r ^� —.'k ?,Y'x F.�.kG ., 1,, 31=0RA+iED COPT RECORDING REQUESTED BY: Recorded in Official Records, Orange County Hu h Nguyen, Clark-Recorder II WHEN RECORDED RETURN TO: I IIII IIIIII II VIII IIIIIIIIII IIIIIIIIII IIII�IIIIIIIIII IIIIIIIIII IIIIIIII 12m Mariner's Center M2, LLC "$ R 0 0 0 6 3 2 e t t 9$ 660 Newport Center Drive, Suite 200 2013000632365 3:16 pm 11/15/13 Newport Beach, CA 92660 -6403 48 0 0. 001 F13 2 v'P OA0 0.00 0,00 0.00 3.00 0.00 0,00 0.00 Attention: Gary Jabara Space above this line for Recorder's Use TERMINATION OF SECOND AMENDMENT TO DECLARATION ESTABLISHING ACCESS AND PARKING EASEMENTS This TERMINATION OF SECOND AMENDMENT TO DECLARATION ESTABLISHING ACCESS AND PARKING EASEMENTS (the "Termination"), dated for reference purposes as of October / 9 , 2013, is made by MARINER'S CENTER M2, LLC, a California limited liability company ( "M2 "). RECITALS: A. Riverpoint Properties, Ltd., a general partnership ("Riverpoint ") and John P. Hooten and Janet Hooten, husband and wife ( "Hooten ") entered into that certain Declaration Establishing Access and Parking Easements dated December 21, 1979, which was recorded on January 29, 1980 in Book 13484, Page 726 of the Official Records of Orange County, California (the "Original Declaration "). The Original Declaration was amended by that certain Quitclaim of Easement and First Amendment to Declaration Establishing Access and Parking Easements dated as of August 30, 1985 by and between Riverpoint and WB II Properties, a California general partnership ( "WB "), successor -in- interest to Hooten, which was recorded on September 26, 1985 as Instrument No. 85- 369000 in the Official Records of Orange County, California (the "First Amendment "). Mariners LLC, a Delaware limited liability company ( "Mariners "), successor -in- interest to Riverpoint, and WB entered into that certain Second Amendment to Declaration Establishing Access and Parking Easements dated January 8, 2008 and recorded on January 18, 2008 as Instrument No. 2008000027296 in the Official Records of Orange County, California (the "Second Amendment"). The Original Declaration, as modified by the First Amendment and the Second Amendment, is sometimes collectively referred to herein as the "Declaration ". B. Pursuant to Section 3(b) of the Second Amendment, M2, as the successor -in- interest to Riverpoint and Mariners, intends to redevelop or substantially reconfigure its Parcel and has now elected to terminate the Second Amendment. C. Any terns not defined herein shall have the meanings ascribed to them in the Declaration. 2611025318 -0119 6211458.1 .10/03/13 -1- NOW, THEREFORE, incorporating the foregoing Recitals of Fact and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, M2 hereby declares the following: 1. Termination of Second Amendment. Pursuant to Section 3(b) of the Second Amendment, the Second Amendment is hereby terminated, subject to the terms and provisions of Section 4(a) of the Second Amendment which provide that the designation of the Postal Service Parking Spaces shall continue in full force and effect, notwithstanding this Termination. 2. Full Force and Effect. Except to the extent set forth in this Termination, the Declaration shall continue in full force and effect. IN WITNESS WHEREOF, M2 has executed this Termination of Second Amendment to Declaration Establishing Access and Parking Easements as of the date first set forth above. State of California ) County of ff ("'u- �GI On oAll�ri(_ personally appeared MARINER'S 0 Gary M2, LLC, a California ACKNOWLEDGMENT before me, (here insert name and title of the officer)' a- f G Notary Public, who proved to me on the basis bf satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument, and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ban a-nd, of Aal seal. Signature tX/�✓� E `�- 2`��µ� a,i it 9 ✓.° a9'^ T�- caw++.�e..;f.'ca- S++:vgnTY^. -a. Fi-+, - n.�.'i1. 2671025319 -0119 6211458.1 .10103/13 -2- Wednesday, July 16, 2014. _,6:50 AM Pacific Daylight Time Subject: Project File No: PA2013 -210; 191 Riverside Land Use and Zoning Amendments Date: Wednesday, July 16, 2014 9:56:18 AM Pacific Daylight Time From: Bradley Wong To: cityclerk @newportbeachca.gov CC: Alford, Patrick, ddrasler @newportbeachca.gov To City Clerk of Newport Beach, This letter is in reference to the proposed change in land use category for the property located at 191 Riverside Avenue in Newport Beach, CA from Public Facilities (PF) to Mixed -Use Horizontal (MU -H1) and an amendment to the Zoning Code to change the zoning from Public Facilities (PF) to Mixed -Use Mariners Mile (MU -MM). I, as the General Partner of WB II Properties (WB II), who is the owner of the property located at 2902 W. Coast Highway, vehemently opposes this land use change on the basis that it would result in huge negative impact on the parking availability in the existing retail center. WB II Properties is one of four buildings located in this retail center along with 191 Riverside Avenue (191). Attached is a site plan showing the location of WB II (referenced as Building #4) and the other three buildings, including 191 (Building #3), which are owned by Mariner's Center M2, LLC (M2). The parking in this retail center is governed by that Declaration Establishing Access and Parking Easements (Original Declaration) (copy attached) which in summary provides reciprocal parking privileges to each Parcel owner. In addition, WB is entitled to seven (7) reserved parking spaces and M2 is entitled to twenty-four (24) reserved parking spaces. I have also attached a portion of an e -mail between myself and my attorney, Tom Aplin, dated July 14, 2014 who has read the Original Declaration and confirms that `both owners (and their tenants) have an equal right to all of the parking spaces except for the reserved spaces "and that "any interference with this reciprocal easement in actionable." I bring this to your attention only because the owner of M2 does NOT seem to recognize and /or want to follow the rules of this Original Declaration. The tenants and subtenants of WB II have complained to me on multiple occasions that the owner of M2 has hired a security guard to prevent my tenants /subtenants and their customers from parking anywhere in the center. In addition, the owner of M2 has even had my tenant's personal car towed right in front of her space! I realize that this may be a private matter between WB Ii and M2, however, the point is that there is clearly already a strained parking issue in this retail center. By allowing the change of land use from Public Facilities to Mixed Use for 191, this will only put more strain on the limited number of parking spaces in the retail center. Whether it be retail, office or any other allowable mixed use, the parking demand will only increase if you allow the land use change. 'There is already a parking shortage in this center; please don't exacerbate it. If you have any questions and /or require additional information, please feel free to call me. Thank you in advance for your consideration. Page 1 of 2