AGREEMENT TO PROVIDE SHARED PARKING FOR MULTIPLE USES ON SEPARATE PARCELS

Transcription

1 AGREEMENT TO PROVIDE SHARED PARKING FOR MULTIPLE USES ON SEPARATE PARCELS The Municipality of Anchorage (hereinafter the Municipality ) and (hereinafter the Owner(s) ) and (hereinafter the Neighbor(s) ) enter into the following AGREEMENT TO PROVIDE SHARED PARKING FOR MULTIPLE USES ON SEPARATE PARCELS (hereinafter this Agreement ) which shall become effective on the date the Agreement is fully executed. This Agreement shall run with the land and shall be binding on the Owner(s) and Neighbor(s) and their heirs, successors, and assigns. The Owner(s) is/are a(n), and execute(s) this Agreement on behalf of the Owner(s) in the capacity of and warrant(s) he/she/they has/have authority to execute this Agreement on behalf of the Owner(s). The Neighbor(s) is/are a(n), and execute(s) this Agreement on behalf of the Neighbor(s) in the capacity of and warrant(s) he/she/they has/have authority to execute this Agreement on behalf of the Neighbor(s). The Owner(s) own(s) a parcel of real property described as: Parcel ID #, Street Address per plat, located in the Anchorage Recording District, Third Judicial District, State of Alaska, shown on the map attached hereto as Appendix A. The Neighbor(s) own(s) an adjacent parcel of real property described as: Parcel ID #, Street Address per plat, located in the Anchorage Recording District, Third Judicial District, State of Alaska, shown on the map attached hereto as Appendix A. The abovementioned parcels (hereinafter the subject parcels ) are developed with multiple principal uses as defined and regulated by the Anchorage Municipal Code. The uses on the subject parcels are: Page 1

2 Use 1: Legal Description: Parcel ID #: Hours of operation: Parking Calculation: Number of required parking spaces (considered separately): Use 2: Legal Description: Parcel ID #: Hours of operation: Parking Calculation: Number of required parking spaces (considered separately): Use 3: Legal Description: Parcel ID #: Hours of operation: Parking Calculation: Number of required parking spaces (considered separately): Use 4: Legal Description: Parcel ID #: Hours of operation: Parking Calculation: Number of required parking spaces (considered separately): The Municipality and the Owner(s) and Neighbor(s) agree that a total of off-street parking spaces are required by Section of the Anchorage Municipal Code to serve the uses specified above at their respective hours of operation specified above. The Owner(s) and Neighbor(s) covenant and agree that they shall provide shared offstreet parking spaces on the subject parcels for the use and benefit of the above-described uses. This reduction is approved in accordance with the shared parking study demonstrating the feasibility of the proposed reduction and attached herewith as Appendix B. The Owner(s) and Neighbor(s) further covenant and agree that neither the above-described uses, nor their respective hours of operation, nor the parking configuration shown on Appendix A shall be altered, changed or revised in any manner without the prior written consent of the Municipality Page 2

3 and amendment of this Agreement. The Owner(s) and Neighbor(s) covenant and agree that he/she/they shall be responsible for the maintenance of the parking facility on the subject parcels. This Agreement shall terminate (1) on/in (not less than ten (10) years from the date this Agreement is fully executed), or (2) upon cessation of any of the above-described use of the subject parcels, or (3) upon the recording of a written release issued by the Municipality of Anchorage, whichever occurs first. The Owner(s) and Neighbor(s) covenant and agree that upon termination of this Agreement, they shall either (1) meet the off-street parking requirements of the Anchorage Municipal Code by other means or (2) reduce the scope of the above-described uses of the subject parcels to the extent necessary to comply with the off-street parking requirements of the Anchorage Municipal Code. The Owner(s) and Neighbor(s) specifically understand and acknowledge that reducing the scope of the above-described uses of the subject parcels to the extent necessary to comply with the off-street parking requirements of the Anchorage Municipal Code may have severe negative impacts on those uses and may render the uses not economically viable. The Owner(s) and Neighbor(s) understand and agree that violation of this Agreement constitutes a violation of Title 21 of the Anchorage Municipal Code, and will be subject to all the penalties and remedies provided by law for such a violation. The Owner(s) and Neighbor(s) specifically understand and acknowledge that they may be liable for any violation of this Agreement by a tenant or lessee. OWNER Signature: Name: Title: OWNER Signature: Name: Title: NEIGHBOR Signature: Name: Title: NEIGHBOR Signature: Name: Title: Page 3

4 STATE OF ALASKA 20, by, the Planning Director of the Municipality of Anchorage or his/her designee, on behalf of the Municipality of Anchorage. Notary Public in and for Alaska STATE OF ALASKA 20, by, the Traffic Engineer of the Municipality of Anchorage or his/her designee, on behalf of the Municipality of Anchorage. Notary Public in and for Alaska STATE OF ALASKA 20, by, in the capacity of. Notary Public in and for Alaska Page 4

5 STATE OF ALASKA 20, by, in the capacity of. Notary Public in and for Alaska Page 5

6 The shared parking study per Anchorage Municipal Code F.16 or the alternative calculation method per Anchorage Municipal Code F.16.c is hereby accepted. This Agreement is hereby approved as to form and content. MUNICIPALITY OF ANCHORAGE By: Name: Hal H. Hart, AICP Title: Planning Director By: Name: Stephanie Mormilo, P.E. Title: Traffic Engineer STATE OF ALASKA 20, by, in the capacity of. Notary Public in and for STATE OF ALASKA 20, by, in the capacity of. Notary Public in and for Alaska After recording return to: Municipality of Anchorage, Planning Department Attn: Sonnet Calhoun, Land Use Plan Reviewer P.O. Box , Anchorage, AK Reference Building/Land Use Permit: Page 6

7 INSTRUCTIONS FOR COMPLETING AN AGREEMENT TO PROVIDE SHARED PARKING FOR MULTIPLE USES ON SEPARATE PARCELS 1. This agreement is required by law (Anchorage Municipal Code F.16) 2. Agreements will only be accepted on the form provided by the Municipality. If there are more than 4 uses on the parcels, contact MOA Development Review for a customized agreement form. 3. There is an administrative fee of $ for each Agreement. 4. The minimum review time for a shared parking agreement is 15 working days. 5. A site plan must accompany the agreement. It must meet the following standards: The site plan must be labeled Appendix A. The plan must not be larger than 8½ x 14 (legal size paper). There must be a 1 (2.5 cm.) clear margin on all sides of the document. Plans and text must be clear, legible, and reproducible. The site plan must show the entire parcel, including all structures, parking and loading spaces, traffic lanes, and abutting rights-of-way. 6. A contingency plan must be provided in conjunction with AMC F.1.b. It must meet the following standards: The contingency plan must be labeled Appendix B. The plan must not be larger than 8½ x 14 (legal size paper). There must be a 1 (2.5 cm.) clear margin on all sides of the document. Plans and text must be clear, legible, and reproducible. If the contingency plan shows alternate parking locations, a site plan showing the entire parcel, including all structures, parking and loading spaces, traffic lanes and abutting rights-ofway must be provided. 7. Parking calculations must be provided on a separate sheet. Total required parking is the greatest number of spaces required for all uses. 8. A parking study is required for all shared parking agreements. If the parking provided is adequate based on the shared parking table (AMC ) an hourly study may not be required. See example sheet provided. 9. All property owners shown on Municipal tax records must sign the agreement. 10. If the property is owned by a husband and wife, both must sign as tenants by entirety. If both sign at the same time, before the same notary, the same notary block may be used; otherwise, a separate notary block is needed for each signature. 11. If anyone other than the president or registered agent of a corporation executes the agreement, he/she must submit proof that he/she is authorized to bind the corporation. DO NOT RECORD THIS PAGE

8 12. Persons must sign using their full legal name as given in the body of the agreement. 13. Persons signing the agreement must fill in their titles as given in the body of the agreement (individual, tenant by entirety, president, etc.). 14. Interlineations and hand-written corrections must be avoided, and shall be cause for the Municipality to reject the agreement. 15. The agreement must be filled out in ink, and all signatures must be in ink. 16. Include the building or land use permit number, if applicable. EXAMPLE Parking Study Format Table : Shared Parking Credit Weekday Weekend Land Use 7a-6p 6p-1a 1a-3a 3a-7a 7a-6p 6p-1a 1a-3a 3a-7a Residential 65% 100% 100% 100% 75% 90% 100% 100% Religious Assembly 25% 50% 0% 0% 100% 50% 0% 0% Health Services 100% 30% 5% 5% 100% 0% 0% 0% Assembly 100% 50% 5% 5% 100% 50% 5% 5% Fitness Center (Health Club) 90% 100% 60% 60% 100% 100% 80% 80% Movie Theater 60% 100% 0% 0% 80% 100% 0% 0% Bar or Nightclub 40% 100% 90% 0% 50% 100% 90% 0% Restaurant 80% 100% 50% 50% 85% 100% 25% 25% Restaurant - Fast Food 100% 90% 15% 15% 100% 80% 15% 15% Office of Financial 100% 10% 0% 5% 15% 0% 0% 0% Retails Sales/Services 100% 80% 0% 0% 100% 60% 0% 0% Visitor Accomodations 75% 100% 100% 100% 75% 100% 100% 100% Using the table above, multiply the number of required spaces (determined using the parking calculations found in table ) by the hourly percentage required and fill in the hourly requirement. Total all calculations, a fraction of.4 or less shall be rounded down,.5 or more shall be rounded up. The total parking that must be provided shall be the largest required parking total. DO NOT RECORD THIS PAGE

9 Shared Parking Calculations EXAMPLE FORMAT Uses Weekday Weekend # of Required Spaces 7a-6p 6p-1a 1a-3a 3a-7a 7a-6p 6p-1a 1a-3a 3a-7a Residential Religious Office Totals Rounded Total parking required when considered separately = 15 spaces Total parking required when shared = 10 spaces DO NOT RECORD THIS PAGE

10 Control Sheet for office use only Agreement to Provide Shared Parking For Multiple Uses on Separate Lots Applicants Name: Date Accepted By: Invoice #: Date Taken to Recorder s office: CC Scanned to City View Mailed CC Date Original Returned: Contact Person: Telephone: Name and address to send recorded copy to: Dominant Parcel: Owner: Subservient Parcel: Owner: Parking Study and calculations completed and attached? Site plan (appendix A) provided with Dominant and Servient parcels labeled, parking spaces clearly identified and all site information shown? Contingency plan (appendix B) provided? Distance between parking and entrance to building on dominant parcel identified? Correct legal descriptions, tax ID and site address, corresponding with MOA Tax database? Original notarized signatures? All fields completed including the expiration date for agreement, or N/A on the blank line? One inch margins clear of printing? Recording format met? Any existing agreements? If yes please explain Building Safety Permit number? DO NOT RECORD THIS PAGE