HomeMy WebLinkAbout22-04-29 Sherman Email Request for Transfer and DenialFrom: Sherman Stacey <sstacey@gaineslaw.com>
Sent: April 29, 2022 11:15 AM
To: Miller, Chris
Cc: Christy Lucia; Scott Lucia; lizshea6@gmail.com; edshea3@gmail.com; John.morrissey@jfshea.com; Rebecca
Thompson; Kimberly Rible
Subject: Applications for Pier Transfer, 320 Buena Vista
Attachments: 320 Pier Transfer App - BS.pdf; 322 Pier Transfer App - BS2.pdf; 320 Pier Transfer App - SS.pdf; 322 Pier Transfer
App - SS.pdf
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Chris,
On behalf of Christy Rogers Lucia and Jennifer Gayle Rogers, successor co-trustees of the Rogers Family Trust, as transferor, and John C.
Morrissey, trustee of the SNC Trust, as transferee, I have attached Harbor Permit Transfer applications for (1) pier permit 115-320 jointly held by
the owners of 316-318-320 Buena Vista (of which the transferor holds the 320 Buena Vista interest), and (2) the pier permit 115-322 associated
with 322 Buena Vista. I request that you insert the correct pier permit number on each of the Applications as I received them as pdf’s which I
cannot edit.
The Applications have been fully signed by the parties and I am advised that the fees associated with the Applications have previously been
paid. Please advise me if there are any unpaid fees and I will direct the payment of such fees.
The transferor is the seller and the transferee is the buyer of the merged property currently designated by the street address of 320 Buena Vista,
having prior to the merger been designated as 320 Buena Vista and 322 Buena Vista. The Department of Public Works will not approve the
transfer of both pier permits to be associated with the merged property. The transferor and the transferee wish to appeal the Department’s
decision.
Therefore, the transferor and the transferee request that if the Department will only approve the transfer of one of the pier permits, that the
Department approve the transfer of the interest of 320 Buena Vista in the 316-318-320 Buena Vista shared pier, and not approve the transfer of
the interest of the 320 property in the 322 Buena Vista pier. The transferor and the transferee intend (1) to appeal the decision of the
Department to the Harbor Commission (and if necessary to the City Council), and (2) make an application for a variance from t he strict
application of Title 17 of the Newport Beach Municipal Code to the disapproval of the transfer of both pier permits.
At the time that you provide written notice to the transferor and transferee of the decision of the Department to approve and to not approve
the pier permit transfers as described above, please provide a copy to me. The appeal and application for variance will be submitted prior to the
end of the appeal period from the Department’s decision.
If the result of the appeal and application for variance should not be in favor of the transfer of both pier permits to the transferee, the transferee
reserves the option to surrender his interest in the 316-318-320 Buena Vista pier permit and to request that the City issue a pier permit for the
existing 322 Buena Vista pier to be associated with 320 Buena Vista.
Thank you very much for your prior consideration of this matter and we look forward to a constructive process which will ultimately result in the
transfer of both pier permits to the transferee.
Sherman L. Stacey
Gaines & Stacey LLP
3197-A Airport Loop Dr.
Costa Mesa, CA 92626
Tel: 949-640-8999
Fax: 714-434-1111
John C. Morrissey, Trustee of the SNC Trust
DocuSign Envelope ID: C4A0EF67-D5B5-4DB2-813F-BC3B54B46B8A
909-594-9500
655 Brea Canyon Road, Walnut, CA 91789
John C. Morrissey, Trustee of the SNC Trust
DocuSign Envelope ID: 35F370F6-4A24-459D-BB43-AE7D8E8E9450
DocuSign Envelope ID: 35F370F6-4A24-459D-BB43-AE7D8E8E9450DocuSign Envelope ID: 8F4189C3-37DB-4BEE-8A0B-8261573B6577
DocuSign Envelope ID: 35F370F6-4A24-459D-BB43-AE7D8E8E9450