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HomeMy WebLinkAbout22-04-04 Sherman's Evidence for Two Bayward LotsFrom: Sherman Stacey <sstacey@gaineslaw.com> Sent: April 04, 2022 2:46 PM To: Miller, Chris Cc: Jung, Jeremy; Christy Lucia; Steve High; Kimberly Rible Subject: 320-322 Buena Vista Attachments: TRACT MAP_4-51.pdf; lot line merger.pdf; plat.pdf; 203-95 OR.pdf; legal description.pdf [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Chris: Thank you for speaking with me last Friday about the pier permits associated with 320 and 322 Buena Vista. I wanted to bring certain facts to your attention which may affect your decision. I have copied Deputy City Attorney Jeremy Jung by using an email address which I have presumed would be his. If it my address is in error, please forward this email to him. We discussed Municipal Code Section 17.35.020(A)(7) which limits each parcel or lot to only a single pier and slip. You have been asked to transfer a pier permit which had previously been shared by 316, 318 and 320 Buena Vista to the owners of 316, 318 and a new owner of 320. You declined such transfer as the property at 322 Buena Vista was merged with 320 Buena Vista, which has its own separate pier permit. We have researched the merger approved by the City in 2016 and discovered that only the portions of 320 and 322 Buena Vista which are east of the sidewalk were merged. These lots were originally created as Lot 157 and 158 of Block A East Newport as per map recorded in 1906 in Book 4 page 41. I have attached a copy of the original 1906 recorded map. I have attached a copy of the Lot Line Merger approved by the City in PA2016-158 and recorded on September 21, 2017 as Instrument No. 2017000401498. Exhibit “A” to the Lot Line Merger shows clearly that the only property merged was Lots 157 and 158 (APN 048-031-16 and 048-031-18). The drawing attached as Exhibit “B” similarly shows that the property east of Buena Vista is the only property identified as merged. On the west side of Buena Vista remain two separate lots which are identified as APN 048-031-15 and APN 048-031-17. I have attached the current Assessor’s Parcel Map book 048 Page 031. As you can see, after the merger, the merged lots (APN 048-031-16 and 048-031-18) were renumbered as a single parcel 048-031-41. All of these separate parcel number come up on the City’s GIS mapping. The west side of Buena Vista was not recognized as privately owned until a 1928 Judgment recorded at Book 203 Page 95, OC Records. (Copy attached) The judgment recognized separate parcels on the west side of Buena Vista to the mean high tide line. These separate parcels were assigned APN 048-031-15 and APN 048-031-17 and remain as two separate parcels although enlarged by the City’s 2015 abandonment of a portion of Buena Vista for which use was restricted. Three separate tax bills are sent to the owner. Two of these tax bills are the separate tax bills for APN 048-031-15 and APN 048-031-17. A copy of the current legal description provided by Chicago Title Company is attached. The legal description describes the three parcels which are identified by the APN numbers I have noted. Since two parcels remain on the west side of Buena Vista, the pier permit associated with 320 Buena Vista is in fact associated with APN 048- 031-015 which is a separate parcel from 048-031-017 or 048-031-041. The shared pier between 316, 318 and 320 is shared with APN 048-031- 015. The shared pier permit as well as the pier permit associated with merged 320 and 322 are associated with different parcels. Therefore, both pier permits can be transferred to the new owner without conflict with Municipal Code Section 17.35.020(A)(7). On behalf of the current owners, I respectfully request that your office approved the application for transfer of the owner’s interest in the shared pier permit. If you wish to discuss this matter, I am available at 949-500-6326 today and tomorrow. After tomorrow, please contact Kim Rible of my firm at 818-933-0207. Thank you. Sherman L. Stacey Gaines & Stacey LLP 3197-A Airport Loop Dr. Costa Mesa, CA 92626 Tel: 949-640-8999 Fax: 714-434-1111 EXHIBIT "A" Legal Description CLTA Preliminary Report Form - Modified ((11/17/2006))Printed: 03.08.22 @ 03:41 PM 3 CA-CT-FWKO-02180.055860-SPS-1-22-58602201014 For APN/Parcel ID(s):048-031-15,048-031-17 and 048-031-41 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOTS 157 AND 158 OF THE SUBDIVISION OF BLOCK A EAST NEWPORT, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 51 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID LAND IS SHOWN AS PARCEL 1 OF LOT MERGER NO. LM 2016-009, RECORDED SEPTEMBER 21, 2017, AS INSTRUMENT NO. 2017000401498, OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF BUENA VISTA BOULEVARD WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF LOT 158 OF THE SUBDIVISION OF BLOCK A EAST NEWPORT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 51 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE OF BUENA VISTA BOULEVARD TO ITS INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 158; THENCE NORTHWESTERLY ALONG THE LAST MENTIONED PROLONGATION TO THE LINE OF ORDINARY HIGH TIDE OF THE PACIFIC OCEAN IN NEWPORT BAY, AS DESCRIBED IN THE JUDGMENT RENDERED IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE, CASE NO. 24080, A CERTIFIED COPY OF WHICH RECORDED SEPTEMBER 19, 1928 IN BOOK 203, PAGE 95, OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG THE SAID TIDE LINE TO ITS INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT 158; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF BUENA VISTA BOULEVARD VACATED BY RESOLUTION NO. 2014-89 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, RECORDED MARCH 9, 2015, AS INSTRUMENT NO. 2015000119954, OFFICIAL RECORDS, LYING BETWEEN THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY AND SOUTHWESTERLY LINES OF SAID LOT 158. PARCEL 3: THAT PORTION OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF BUENA VISTA BOULEVARD WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF LOT 157 OF THE SUBDIVISION OF BLOCK A EAST NEWPORT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 51 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE OF BUENA VISTA BOULEVARD TO ITS EXHIBIT "A" Legal Description CLTA Preliminary Report Form - Modified ((11/17/2006))Printed: 03.08.22 @ 03:41 PM 4 CA-CT-FWKO-02180.055860-SPS-1-22-58602201014 INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 157; THENCE NORTHWESTERLY ALONG THE LAST MENTIONED PROLONGATION TO THE LINE OF ORDINARY HIGH TIDE OF THE PACIFIC OCEAN IN NEWPORT BAY, AS DESCRIBED IN THE JUDGMENT RENDERED IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE, CASE NO. 24080, A CERTIFIED COPY OF WHICH RECORDED SEPTEMBER 19, 1928 IN BOOK 203, PAGE 95, OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG THE SAID TIDE LINE TO ITS INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT 157; THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF BUENA VISTA BOULEVARD VACATED BY RESOLUTION NO. 2014-89 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, RECORDED MARCH 9, 2015, AS INSTRUMENT NO. 2015000119954, OFFICIAL RECORDS, LYING BETWEEN THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY AND SOUTHWESTERLY LINES OF SAID LOT 157. This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted.Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon.