The URL can be used to link to this page

Home My WebLink AboutM2009-0003Worksheet for Building Combo Permit Application City of Newport Beach - BuildinHA"MRESOURCES DIV. Please prifit 3 copies U Eier f7Building r— Grading F -Drainage PT�0EWPQ9 BEACH 1. Project Address (Not Mailing address) ��U_r-o_ Suite No S% L) F77 # Units (if Residential) Tenant Name(if Applicable) ......... ........................................... ....... ...... ...... . .............. ... .................................. ... .................................... 2. Description of Work —d .,E ............. ......................... ......................... Exist House SF 1777 Exist Gar SF F77 r7 New [-.� Add ck ADDror)riate Box for 3. Owner's Name .................................................................................... . ......... ........................................................... ........................................... ................ Demo House SF Add/Reconstruct House SF F77 Demo Garage SF Add/Reconstruct Garage SF ...... . ........................................ . ...... ....... TOTAL HOUSE SF F—.Demo F .. . .......... .......... TOTAL GARAGE SF Last First .. ................... ................... .................................. Owner's Address ......................... ................................................................................................................................... ....................................... City _W po pr- �BER6 State . ......... .. .......... Use Valuation $ # Stories 17 Cu Yd Cut F77 Cu Yd Fill F7 Owner's E-mail Address F ..................................................................................... .......................................... � ...... ........ Zip Telephone ............... ; 4.75_1-,..�?el .......... ; ...... .............. .. .................. . F7 4. Arch itect/Designer's Name Last First Lic. No. ........................................................................................................ I ........................................................... Architect/Designer's Address ......... .............. ........................... ....................................................................... ..................................................................... city State Architect/Designer's E-mail Address Telephone zip F .................... ............ .......... ........................................................... 5. Engineer's Name Last 1,01a_01y) !girnPgad 'A�: Lic. No. ............................. .................................................................................. ............................................................. Engineer's Address . . ... ....... ............................ .... .... .... ............ .. .... ............ ............ ........................ ... . ...... . . City I L-0 AE Fje)k EL-�T State ........... ................................ ; ...................................... ....................... _J F�7 Engineer's E-mail Address ............................. ....... . . ............ . ......................... ......... .... .......... ............... .... ...... . zip Jq,2J, �30 Telephone ................. ......................... .................. ..... .......... ......................................... . ..... ................... ........... .................... 6. Contractor's Name Last JeH,5LLMi9K6)e First Lic. No. Class Contractor's Address A) '7 TWq7_1e1E_1EET ... ....... ............... ....... ......... ........... .... ..... ....... ....... . ...... city State 0) ............................................................... ; .............................. F��7 OFFICE USE ONLY ENERGY P/C FEE $ GRADING P/C FEE $ Rev 1118107 ELEC/MECH/PLUM P/C Contractors E-mail Address ..... ..................... ......................... ............................................................................................. ........................................ ....... zip Telephone PERMIT NO. PLAN CHECK NO. PLAN CHECK FEE $ TPE RILE, ARE AS FOLLOW : OMBINATIONS : PILE LENGTH. TOTAL 36.0 2.5 N.T.S. I a SCOPE OF WORKi 1. TO REPLACE THE EXISTING FAILED 12" SQ CONCRETE PILES AT THE FLOATING DOCK WITH NEW CONCRETE PILES PER( 9. BOR RESOURCES DIV. F NEWPORT BEACH NOTE TO THE BIDDERS, AFTER THOROUGHLY EXAMINING THE CONSTRUCTION DOCUMENTS AND THE SITE, t NOTIFY THE ARCHITECT AND/OR THE ENGINEER IN WRITING, REGARDING ALL DISCREPANCIES REQUIRING CLARIFICATION, PRIOR TO THE "BID SUBMITTAL". 2. IF THE ARCHITECT AND/OR THE ENGINEER IS NOT NOTIFIED, AS REQUIRED PER ITEM #1 ABOVE, IT SHALL MEAN THAT THE CONTRACTOR HAS CONSIDERED ADEQUATE CONTINGENCY IN HIS BID TO COVER ALL COSTS TO COMPLY NTH THE MOST STRINGENT CONDITIONS. ANY ADDITIONAL COMPENSATION 3. THE CONTRACTOR SHALL NOT BE ENTITLED TO FOR ANY DISCREPANCY DISCOVERED AFTER THE "CLOSE OF THE BID". (E) WO DECK b (E) GANGWAY (E) 12" SQ GONG PILE TO REMAIN (PER THE OYMER'S REQUEST) 3' 0" (E) BOAT NTH MAXIMUM LENGTH OF 25' OURCIS DW. 0" o (E) FLOAnNG DOCK TO REMAIN FA&ED 12" So CoNC PILE TO BE (E) FAILED 12" 50 GONG PILE TO E REPLACED W/(N) CONC PILE PER A _ CEO W/(N) GONG PILE PERrQ 4'-0" 18'-0" fAl NOTE I PER THE OYMER'S REQUEST. PILING ps W REPLACEMENT HAS BEEN DESIGNED P2 00 FOR A RECREATIONAL BOAT WITH MAXIMUM 25 FEET OF LENGTH. -------- 'T, --T ro V. :k) H, Z; v 1 Cc> I CL lu 32 u — CIO -S2 U2j r- 41 E 8 1 It P --a r- � CD -E fn 9388 OL 0 cl 8-444 3 uj LL ? abed !69:6 (30--V�-Uor ! S[PSOVS 6V6 LL —CL Ll LL CN, C3, ww 4* CO ta LL r- Lt. LL co a CL 0 M it g w w .j t; 2 W 0 cql --o lu 90 u — CIO -S2 U2j r- 41 E 8 1 It P --a r- � CD -E fn 9388 OL 0 cl 8-444 3 uj LL ? abed !69:6 (30--V�-Uor ! S[PSOVS 6V6 LL —CL Ll LL CN, C3, ww 4* CO ta LL r- Lt. LL co a CL I LU Co LIJ (1) w !OUI JOABWTTOqS :AO TUOS 0 M it g w w I LU Co LIJ (1) w !OUI JOABWTTOqS :AO TUOS 1. --Submit'application in quadruplicate --,on cards provided by the Tidelands Administrator. DO NOT REMOVE CARBON FROM CARD SETS. Complete the following information on cards: a Name: Na:me of 'new owner b. Address: Stree't address of facility C. Mailing address of new owner d. Telephone number of new owner e Fee: $260.00 Application 'portion: (1) Fill in permit number if known. If not known, leave blank and the number will be supplied by the Marine Department. (2) Type or print tames of sellers and buyers. .(3) Obtain -signatures of sellers, buyers and joint___owner,-,_ if appropriate. 2. When approved, the applicant will receive a copy of the appli- cation signed by the Tidelands.Administrator. Any special con- ditions pertaining to the facility will be listed on the card and the dates or previously issued permits or approvals by -other agencies will be indicated. 3. If the new owner desires a copy of the drawing of the facility, he may purchase one from the Tidelands Administrator for $1.00. )ear Ms. Amick: :ie can transfer the pier permit to you from your mother, except for the .�act that we also need the signature of the joint owner. We show hat the joint owner recently acquim�ed the property from Grundy. The .:ame of the new owner is Rich -Snyder and you should have him sign on .he line indicated. Please return the card(si to us after you have :)btained the signature and we will then transfer the permit. .,y db h/1 BUYERS' NAM (s) Ki!q E / ADDRESS.0 FACILITY- PERMIT 4mo <-/ SeId.D L 913 Ij MAILING ADD TELEPHONE NO* FIEE CHECK N V/9 p f ;a"o 7 �3o5 MeARRovo APPROVED BY: 'DATE /:a 02 APPLICATION S HEREBY MADE TO TRANSFER HARNR PERMF V!, a6tee_ OCHD Af1A_e.og& ENG SELLERS' NAME(S) IABOVE NAMES TO Y-IVYPED) COUNCIL PUBLIC WORKS SIGNATURE OF SEELER SIGNATURE OF BUYER DEPT. ESCROW SIGNATURE OF SELLER SIGNATURE bF BUYER INSPECTION SIGNATURE UP JOINT OWNER APPLICATION APPROVEED (DATE) CITY HARBOR COORDINATOR SPECIAL CONDITIONS: TH S PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WIT TITLE: 17 OF THE MUNICIPAL Cor)"ll 4�:5p, eP-44NZ4 oecew,7e.p ITCITY OF NEWPORT BEACH. CALIF. PO CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 March 7, 1989 Robe�rta Amrick 4305 Park Arroyo 'Calabasas, CA 91312 Dear Sir: A check of the City Harbor Permit files has shown that the permit for the pier and float at 813 via Lido Soud, Newport Beach, Newport Beach, is registered to Beven. A transfer application must be completed and a transfer fee paid each time the permit has changed ownership. Chapter 17.24.030 of the Municipal Code addresses the transfer of a pier permit and rpads-as follows: "No person shall transfer a permit for a pier, float or similar structure granted under the provisions of this chapter without prior written approval of the City." Failure to pay the transfer fees can be grounds for revocation of the Harbor Permit in accordance with Chapter 17.24.090 of the Municipal Code. Your cooperation in bringing this permit up to date will avoid any action by the City. Yours truly, Tony Me m. Tidelands Administrator Telephone: 714-644-3044 TM: db 3300 Newport Boulevard, Newport Beach / 7z- -8�3 Sam Trautwein called and wanted us to send a copy of Hennings permit, at Mr. Hennings request. tsk tsk. What to do??? 3/16/88 I cvr 54alatawda Buawu WATERFRONT CONSTRUCTION Tony Me.lum Tidelands Administrator Marine Department City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: Maintenance Permit 831 Via Lido Soud Dear Tony; 2410 Newport Boulevard Newport Beach, California 92663-3798 Telephone (714) 673-1960 Contractors Vicense No. 45)559 May 1, 1987 In regard to the above referenced, we did not change the configuration oil the dock. We reconstructed the pier plat- form to conform to the City Standard and extended the dock seven (7) feet bayward to accept the existing ramp. Sincerely, TRAUTWEIN BROTHERS WATERFRONT CONSTRUCTION Samuel F. Kniss cc: Ed,Hennings Tony Melum Tidelands Administrator Marine Department City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92658-8915 / 7,5 -X�rl April 25, 1987 Re: Maintenance Permit 831 Via Lido Soud. Dear Mr.Melum, In response to your letter of April 24, 1987, we were very careful during the maintenance not to change the configuration of our dock at 831 Via Lido Soud. The configuration remains the same. The dock is U-shaped on the same lines as before. The dock was extended toward the pier (7 feet), to reduce the size (length) of the pier to comply with the City of Newport Code. This is the only change and does not represent a reconfiguration of the dock. More importantly with the prevailing southwest winds the finger of the slip on the property line represents the only protection between the boats of 831 and 827 Via Lido Soud and is of direct benefit to the property owners at 827 Via Lido Soud. In the consideration of the above, we feel we are in compliance with Harbor Permit 172-831 dated October 22, 1984. However, per our telephone conversation, April 24, 1987, 1 have been trying to contact Mr. Mendoza to assure him that he has not lost any of the benefits that he has enjoyed in the past, such as the right to cross tie to our dock and the assistance it provides when he attempts to moor his boat. Please feel free to contact us, as it is our hope this matter can be easily resolved. Sincerely, Mr.& Mrs. Ed Hennings 831 Via Lido Soud Newport Beach, California 675-8895 cc: Trautwein Brothers PO CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 April 24, 1987 Ed Hennings 831 Via Lido Soud Newport Beach, CA 92663 Re: Maintenance Permit for the structure at 831 Via Lido Soud Dear Mr. Hennings: On March .26, 1987 Trautwein Brother Waterfront Construction Company submitted an application for a Maintenance Permit to rebuild your dock at 831 via Lido Soud. The permit depicted a revision to your dock increasing the size of the slip by 8 feet and changing the shape of the pier. Because this structure had no set back adjacent to the property at 827 Via Lido Soud I attempted to contact that property owner to ascertain if they had any concerns relative to this rebuilding and configuration change. Before I had a chance to contact them I was contacted by Mrs. Mendoza who indicated she was the property owner at 827. She told me at that time that the work had already been completed on the dock and that the rebuilding and configuration change had already taken place. As I am sure you are aware, when the permit was issued for this structure by the City Council on October 22, 1984, there were a number of conditions attached to the permit. One of the conditions, specifically condition number two, stated nThat should future configuration changes be approved for the slip and or pier at 831 Via Lido Soud, the applicant would re-establish the five foot set back bettween 827 and 831 Via Lido Soudn. If the property owner at 827 had no objection to the rebuilding and reconfiguring of your dock the Marine Department could make the recommendation to the Council that this condition be waived at this particular time and that the dock be allowed to remain on the common property line. However, we have received a complaint from the property owners at 827. They do object to the configuration change and they do object to th( fact that the float is still on the common property line. 3300 Newport Boulevard, Newport Beach We have no alternative, in light of the facts that exist, to request that your float be removed from the common property line and that the five foot setback be maintained between 827 and 831 Via Lido Soud. If you have questions in this regard please contact me at 644- 3044. Sincerely, b � ti�dela`nds Administrator Tony �067M-1, NAME Ed Henaing sl---,_ MAILING ADDRESS 831 Via Lido Soud APPROVED BY: DATE SPECIAL CONDITIONS ADDRESS OF PROPOSED FACILITY PERMIT 4F A ES S �F 'P R 0 P �SED FA C I L'TY P; a 0 d -.2-31 Via Lido. Soud TELEP ONE NO.. FEE cH.cK NO. OAT E 67 8895 5. 12438R APPLICAT ION IS HERE ADE FOR A HARBOR PERMIT TO T By M M a3_ nt ain a _C5lN3-MLTC-r/ITE`VlTE"A aintain a dock & pier AT THE ABO�E LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING BY Trautwein Bros. Waterfront Cowst,, DATED- 3/26/87 DATE 3/26/87 - I I SIGNATURE CITY OF TF-WPORT BEACH, CALIF. WX FORM 60-1010 OCHO ENGR COUNCIL -PUBLIC WORKS DEPT. -ESCROW E] D INSPECTION 0 El SPECIAL CONDITIONS ADDRESS OF PROPOSED FACILITY PERMIT 4F A ES S �F 'P R 0 P �SED FA C I L'TY P; a 0 d -.2-31 Via Lido. Soud TELEP ONE NO.. FEE cH.cK NO. OAT E 67 8895 5. 12438R APPLICAT ION IS HERE ADE FOR A HARBOR PERMIT TO T By M M a3_ nt ain a _C5lN3-MLTC-r/ITE`VlTE"A aintain a dock & pier AT THE ABO�E LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING BY Trautwein Bros. Waterfront Cowst,, DATED- 3/26/87 DATE 3/26/87 - I I SIGNATURE CITY OF TF-WPORT BEACH, CALIF. WX FORM 60-1010 AbDftE8S -6F'P06' ED FACILITY' PERMITTV Ed Hanning4—, 31 Via Lido 0 �'MAiul,IG ADDRESS TiLEPHONE NO. FEE C NO. T. 831 Via U o So, 675-8895 -I�ADE -j�- 12 .4 3 21/87 -'APPROVED BY: DATE APPLICATION IS HEREBY FOR A HARBOR PERMIT TO Mqintaj�n a dock & pier 'OCHD AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF ENGR NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING El B Y Trautwin gros. Waterfrout.gMUA-N Y !.-COUNC�u 3/26/87 iPUBLIC WORKS DEPT. DATED 3-/26/87 DATE �-ESCROW i NSPECTION SIGNATU R E F1 ,.SPECIAL CONDITIONS'. CITY 0 F NEWPORT BEACH. CALIF. WX FORM 6e.iolo rN t -7i . 411nd L L -- AO .20 30 �1154 , Ilej. 0 _5-,o -,14'> 41 9�� 90 7 /'Vl 307 -3 J FF ,�,v 0 YZIP ov 441 -A 17 43 1121 /jy*oj Wad? ja7ry lr,4 Lr TC �'j /2Z A.Al ciqAP141C 6eA4Z I h/ F,5�F- T T4) I -e AJ C', 7;70 �- 2 A tZAr' 1, :1,; 74 c r b -'k j� PERMISSION 19 HEIREBY TC' C"Sy"O"T AM MAANTAIN T -HE 7ACV4ArV AT THE SITE UNWM' 09 a.EPxH fiA TFS HARBOU PrmUMA-Y ANY SPEMAL. q1:u'r-.N r,UWSZNT Oi ._�MPAMJ-: ')VO "VAT)PO-1 IS NOT TRAIN" I E C-4eY HAWL UN U RIGH'hS Q';':Vk!N PEYVkRn-s1w Omi:'� AND THIS PEPINW-4 MAY 0� �_tv Nm.�.. CITY torlikhr-IL IN ACCORDANCE WUN TME 11 or- TME jU-U'f"WtPAL CODE. n'� -V/ PERM—IT NO-. IYY . HAR130iF —COORDIWA—TOR ('10 DAR SEE K-ITACHIED SHEIT GPEVAL co,rp�z Oranng'e County Fermdt Men '77 DATE 1 . The approval of the U. S. Army Corps of Engineers. 2. Should either property owners request the return of their float to the original location, both floats shall be relocated to comply with City Harbor Permit Policies. 3. Should either property owner sell his property, both floats shall be made to comply with City Harbor Permit Policies by the owners. CITY OF NEWPORT BEAC MEMORANDUM: From To ----- Vcm-� ------- klwh . . ............... ------------- q�zo ....... 19.3.4 C-QL& Reply wanted [:] Reply not necessary NS -20- 13Y--------------------------- .................................... MEMORANDUM OFFICE OF THE CITY ATTORNEY April 14, 1987 -TO: Carol A. Korade, Assistant City Attorney FROM: Robert H. Burnham, City Attorney RE: Reconstruction of Boat Slips at 831 Via Lido Soud On April 10, 1987, 1 received a phone call from Wanda Mendoza (673-8930)..- Wanda complained about the reconstruction of a residential pier at 831 Via Lido Soud. She 'contends Tony issued an."As Built Permit'? in violation of condi-tions imposed by the City Council. According to Mendoza, the City Council, on October 22, 1984 (Agenda Item- F-23), approved a variance for a resident,ial-pier with the proviso that the pier should be made to conform to City standards in the event of any reconstruction. The City Council typically � reviews requests relative to nonconforming piers and according to Mendoza, prior to reconstruction, the pier was constructed up to the prolongation of the property line and within the five (5) foot setback. Typically Tony is very cautious about issuing permits on non -conforming piers that have been approved by the City Council. Please check with him, review the Council action and, once you and Tony have agreed what should be done, advise Mendoza of our conclusions. Robert H. Burnham City Attorney RHB/mlh RHB 14 AGENDA -ITEM NO. F-23 CITY OF NEWPORT BEACH Marine Department October 22, 1984 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 172-831 BY JEANETTE HENNINGS TO REMOVE CONDUTION #3 FROM THE ABOVE PERMIT. Recommendation: If desired, approve the application. ni-,rimqi nn - At its regularly scheduled meeting of August 27, 1984, the City Council, upon recommendation of the Tideland Affairs Committee, allowed a non- conforming float bayward of 831 Via Lido Soud to remain in its current configuration, subject to three conditions. These were: 1. That the property owner of 827 Via Lido Soud be ' allowed to cross tie a single vessel between his finger float and the west side of the slip at 831 Via Lido Soud. 2. That should future configuration changes be approved for the slip and/or pier at 831 Via Lido Soud, the applicant would re-establish the 5' setback between 827 and 831 Via Lido Soud. 3. That should the property at 831 Via Lido Soud be sold, the City Council would again review the 5' setback Harbor Permit Policy req u i reme n t. The current property owner, Jeanette Hennings, has taken exception to condition #3, and has filed a law suit against the previous property owner, Harry Roe as a result of the imposition of that condition, among other things. To assist the previous and current property owners to resolve this dispute, the staff is recommending the removal of condition #3. In discussions with the City Attorney, it appears that the condition can be removed without denying the City Council its power to review it if it so desires. The distinction would be that this review would not be a listed -condition on the permit and appear as a mandatory review. David Ha�rshb�ar er, Marine Director Tony Melum, Ridelands Administrator TM: db CITY OF NEWPORT BEACH Marine Department AGENDA ITEM F-12 August 27., 1984 TO: MAYOR AND CITY COUNCIL FROM: Tidelands Affairs Committee SUBJECT: HARBOR PERMIT APPLICATION 172-831 BY JEANETTE HENNINGS TO PRESERVE A NON -CONFORMING FLOAT BAYWARD OF 831 VIA LIDO SOUD. R6Eommendation: If desired: Allow the float to remain in its current position subject to the f6llowing conditions: 1. That the property owner of 827 Via Lido Soud be allowed to cross tie a single vessel between his finger float and the west side of the slip at 831 Via Lido Soud. 2. That should future configuration changes be approved for the slip and/or pier at 831 Via Lido Soud, the applicant would re-establish the 5' set back between 827 and 831 Via Lido Soud. 3. That should the prop&ty at 831 Via Lido Soud be sold, the City Council would again review the 5' set back Harbor.Permit Policy requirement. Background: At the City Council meeting of -August 13, 1984, the above item was referred to the Tidelands Affairs Committee for review and report back. On August . 17, 1984, Mr. and Mrs. Hennings and their attorney Creighton Mills met with the Tidelands Affairs Committee to discuss the non -conforming float. The Hennings indicated that at the time of purchase, they were unaware of the condition on the permit, and it was noted that the escrow had closed prior to a request for a Marine Department pier transfer inspection. This is significant, in that this inspection would have disclosed the condition in the permit to the new buyers prior to a finalization of the purchase. It was also brought to the attention of the committee that the adjacent propetty owner at 827 Via Lido Soud, Mr. Allen Fainbarg, has submitted a letter to the Marine Department indicating that he sees no problem with the non -conformity. 0/ Ll I O -f Based on this information, and a review of the permit drawings and correspondence, the Tideland Affairs Committee makes the above recommendation. Mayor Pro Tem Philip Maurer Councilwoman Ruthelyn Plummer DH:db 0 STATUS SHEET HARBOR PERMIT TRANSFER LOCATION -PERMIT NO.) Seller —Buyers-_ 4-x Date Application Received: Date Fee Received: Request for Inspection made by: Escrow Co. Date Escrow Officer Escrow No. Address Phone: Date Inspection made. t!–?/— Deficiency Letter sent: Transfer completed: Date Inspection: 1. Location 2. Pl.umbing: 3. Electrical: 4. Structural: A- rv, 5.OTHER.:_ REMARKS: Inspected by: Deficiency corrected: aao C., at jw WWI C, �L. VICINITY SKETCH NoLwpporr OAV, CAL-l"MMIA AM Of~ ancle /0 2a 30 =0=9_650A= A'feNwe? daww- iow WaAev-. -Afax.-;&vv" eavvjw 4w Alaw --,O-Ox.*.wQAr/Y /0-Aret. Acy'-bar aw 'en t"Ve Secjo4v? Oxho(Opwaryl JA/ A4947, Aar. 1111A Z/470 RZ7 couth Coast RegiOna- 40, a' __w0W_ commission 1131PROM 7 Permit /2Z AA1 304- 307 --------------- 3 Rijn J_ —4. Id m. 7 7,o 1,, iY7 `0�" 'po move ev. o&c-k- ve C -X. pacm- T ;ra kv A Lu /,0 CAJ cz. I.Jq A L-1 D '111 9 CA -7 3o8 74.4 c 21 Aw 'r-67 egoi 44 4 M eAJ fS /7 - ly(ole - Q 1�j aao C., at jw WWI C, �L. VICINITY SKETCH NoLwpporr OAV, CAL-l"MMIA AM Of~ ancle /0 2a 30 =0=9_650A= A'feNwe? daww- iow WaAev-. -Afax.-;&vv" eavvjw 4w Alaw --,O-Ox.*.wQAr/Y /0-Aret. Acy'-bar aw 'en t"Ve Secjo4v? Oxho(Opwaryl JA/ A4947, Aar. 1111A Z/470 RZ7 couth Coast RegiOna- 40, a' __w0W_ commission 1131PROM 7 Permit /2Z AA1 304- 307 --------------- 3 Rijn J_ —4. Id m. 7 7,o 1,, iY7 `0�" 'po move ev. o&c-k- ve C -X. pacm- T ;ra kv A Lu /,0 CAJ cz. I.Jq A L-1 D '111 9 CA -7 3o8 74.4 c 21 Aw 'r-67 egoi 44 4 M eAJ fS /7 - ly(ole - CITY OF NEWPORT BEACH MARINE DEPARTMENT August 13, .1984 ITEM NO.: F22 TO: MAYOR -AND CITY COUNCIL FROM- Marine Department SUBJECT: HARBOR PERMIT APPLICATION Z-�83;1B> JEANETTE B. HENNINGS M� 72 TO PRESERVE A NON-CONFOR BAYWARD OF 831 VIA LIDO SOUD Recommendation: If desired (1) deny the application for the reasons listed in the Staff Report and (2) Refer the application to the Tidelands Affairs Committee forreview and report back to the City Council. Discussion: In 1977 the City Council approved a variance and revision to the docks bayward of 827 and 831 Via Lido Soud. The variance consisted of allowing the dock at 831 to be moved over to the property line rather than maintaining a five (5) foot set back. (See attached drawing). The variance was conditioned such that "should either property owner sell his.property, both floats shall be made to comply with City Harbor Permit Policies by the owners". In 1982 the property at 827 sold and the above condition was overlooked and the docks were not made to conform. In 1984 the property at 831 was sold. At that time the above condition was noted and the new property owner, through the seller, was asked to bring the docks into conformance. The new property owner at 831, Jeanette B. Hennings, is asking that the dock be allowed to remain in its current location and that the above condition be removed from the permit. DAVID HARSHBARGER, MARINE DIRECTOR Tony Melum, Tidelands Administrator TM:ng. Attachment. �11,4 lAov.- ev. A Abwpaw q r PM 4cv it c% "Oro VICINITY SKETCH AM No;vvPvwr iSAr, C^wrv"i^ 1"Iw� LEE 20 30 A;V A~ anCyl CARnoplo 0:,061.1� 6*A= "'O%V,7 dtowm- dow wcrAp-. lo ~t. 6XAPjV1 id �5erA i. a qstakhImbed h? AAMs %veriodi;V? Oe,*WQOr;# Agay. ,A, A49 W r V I / /, , ., - f 14 2 1L."� y� Z/00 ZAO w 9Z7 ! S-31 qouth Coast RegiOna-11 - - commission - APPROVAL 4t No rl7l-&u 0 140 2D '30 4 -0 LIT 726 I 4FA Ir 1� '- 4 -f Tor:? eJ,:b, 7 Ao4.,Z 967 967 -7,4,v c 7, /07 d.0 a 14- �14M/ AeAJ Jeanette B. Hennings 831 Via Lido Soud Newport Beach, California 92663 July 10, 1984 Mr. Harry P. Roe 611 Lido Park Drive, No. 2E Newport Beach, California 92663 Dear Mr. Roe: When we recently purchased the house at 831 Via Lido Soud from you, it was our understanding that the pier and float were in compliance with all applicable requlations and harbor policies'. As you know, we were quite surprised to discover that the Newport Beach permit for the pier was subject to conditions which may now require a 'substantial reduction in the size or even a change in the configuration of the float U. We very much want to keep the pier and float in their as is" condition. 'Ihis aspect of the house was very important to us when we decided to buy it. If we can be of L any assistance to You in your efforts to ensure that we can keep our pier as is, please do not hesitate to contact us. Cy CIVIII c) 2,7 CREIGHTON D. MILLS July 10, 1984 Mr. Harry Roe 611 Lido Park Drive, No. 2E Newport Beach, California 92663 Re: 831 Via Lido Soud New2ort Beach, California Dear Mr. Roe: WASHINGTON. D.C. 600 NEW HAMPSHIRE AVENUE. N.W., SUITE SOO WASHINGTON, D.C. 20037 (202) 466-2222 Please let this letter confirm our meeting of July 5, 1984 regarding the captioned property. It is our under- standing from this meeting that you intend to resolve the problem concerning the dock and float, as set forth in Mr. Thomas Malcolm's letter to vou dated June 28, 1984, by having Mr. Ed Warmington obtain a new variance from the City of Newport Beach for the dock, which variance will be to the Hennings' satisfaction and shall provide, without limitation, that the dock may remain in its present size and configuration. This variance shall be valid both for the Hennings and any subsequent purchasers of the property. The Hennings are hopeful that your and Mr. Warmington's efforts to obtain such a variance will be successful. They are ready to assist you and Mr. Warntington in any reasonable manner. In this regard, enclosed pursuant to your request is a letter from Mrs. Hennings to 'you indicating 'their desire to have the,dock and float remain as is. The Hennings are also willing to attend any hearings or meetings with Newport Beach officials concerning the harbor permit, insofar as their schedules permit. In fact, they would appreciate being notified of all such hearings or meetings as far in advance as possible. They expect to be kept advised of your and Mr. Warmington's progress on a regular basis. LAW OFFICES WYMAN, BAUTZER. ROTHMAN, KUCHEL & SILBERT �OS AJNGELES A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS TWO CENTURY PLAZA. rOURTEENTH FLOOR 4100 MACARTHUR BOULEVARD 2040 CENTURY PARK EAST LOS ANGELES. CALIFORNIA 90067 NEWFIORT BEACH, CALIFORNIA 92660 12131556-8000 1213)879-8000 (714) 760-9300 CABLE ADDRESS: WYBAROK CREIGHTON D. MILLS July 10, 1984 Mr. Harry Roe 611 Lido Park Drive, No. 2E Newport Beach, California 92663 Re: 831 Via Lido Soud New2ort Beach, California Dear Mr. Roe: WASHINGTON. D.C. 600 NEW HAMPSHIRE AVENUE. N.W., SUITE SOO WASHINGTON, D.C. 20037 (202) 466-2222 Please let this letter confirm our meeting of July 5, 1984 regarding the captioned property. It is our under- standing from this meeting that you intend to resolve the problem concerning the dock and float, as set forth in Mr. Thomas Malcolm's letter to vou dated June 28, 1984, by having Mr. Ed Warmington obtain a new variance from the City of Newport Beach for the dock, which variance will be to the Hennings' satisfaction and shall provide, without limitation, that the dock may remain in its present size and configuration. This variance shall be valid both for the Hennings and any subsequent purchasers of the property. The Hennings are hopeful that your and Mr. Warmington's efforts to obtain such a variance will be successful. They are ready to assist you and Mr. Warntington in any reasonable manner. In this regard, enclosed pursuant to your request is a letter from Mrs. Hennings to 'you indicating 'their desire to have the,dock and float remain as is. The Hennings are also willing to attend any hearings or meetings with Newport Beach officials concerning the harbor permit, insofar as their schedules permit. In fact, they would appreciate being notified of all such hearings or meetings as far in advance as possible. They expect to be kept advised of your and Mr. Warmington's progress on a regular basis. V, Mr. Harry Roe Page Two After meeting with you, the Hennings are confident that you will be able to resolve this matter to their satisfaction. However, please be advised that they are not waiving any of their rights in this matter. If any developments occur in this matter and you are unable to contact the Hennings, please contact me directly. Thank you for your attention in this regard. Very t ly yours, D. Mills for WYMAN, BAUTZER, ROTHMAN, KUCHEL & SILBERT CDM/pkm enc. cc: Mr. & Mrs. Hennings Thomas R. Malcolm, Esq. LAW OFFICES WYMAN, BAUTZER, ROTHMAN, KUCHEL & SILBERT LOS ANGELES A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS WASHINGTON, D.0 TWO CENTURY PLAZA, FOURTEENTH FLOOR 4100 MACARTHUR BOULEVARD 600 NEW HAMPSHIRE AVENUE, N.W,,SUIFE 580 2049 CENTURY PARK EAST WASHINGTON, D.C. 20037i NEWPORT BEACH, CALIFORNIA 92660 L05 ANGELES, CALIFORNIA 90067 (2021466-2222 1213) 556-8000 (213) 879-8000 (714) 76 0-9300 CABLE ADDRESS� WYBAROK CREIGHTON D. MILLS September 12, 1984 OFFER IN SETTLEMENT: NOT ADMISSIBLE AS EVIDENCE Mr. Harry P. Roe 611 Lido Park Drive, No. 2E Newport Beach, California 92663 Re: Hennings v. Roe Dear Mr. Roe: Pursuant to our telephone conversations today, I am writing to confirm our clients' position with regard to the resolution of the captioned action. Predicated upon the opinions of appraisers we have received, our clients have suffered a diminution in value in their property because of the uncertainty over their ability -to transfer the property to a subsequent purchaser with the pier and float in its present configuration in the approximate amount of $50,000. We believe this figure would be substantiated by the evidence. In addition, the condition of the pier and float must be brought into compliance with applicable code standards. Based on recent estimates, the amount to repair the pier and float equals approximately $12,500. Finally, the Hennings have incurred substantial fees and expenses, not to mention expending large amounts of their time, in efforts to resolve this matter. In connection with an immediate settlement of this action, they require $5,000 in payment of said fees and expenses. Subject to our clients' approval, which we expect to receive, upon the total elimination of condition Number 3 to the Harbor Permit (as described in my letter to you dated September 10, 1984), your payment to the Hennings of $17,500 (representing the amounts discussed in the third and fourth paragraphs of this letter), would result in a full satisfaction of the disputes between the Hennings Mr. Harry P. Roe Page Two and you with respect to the pier and float and would result in the Hennings' dismissal of the captioned action. This settlement offer is made solely for purposes of settlement of this matter; it may not be construed as an admission of the extent of liability or claims herein. Further, this offer may not be used in any way or for any purpose other than that as stated herein. This letter is written without waiver of any of our clients' rights or remedies in this matter, either at law or in equity, all of which are hereby expressly reserved. V t ly yours, re' hton D. Mills for WYMAN, BAUTZER, ROTHMAN, KUCHEL & SILBERT CDM/pkm cc: Mr. and Mrs. Edward Hennings Thomas R. Malcolm, Esq. LAW OFFICES WYMAN, BAUTZER, ROTHMAN, KUCHEL & SILBERT LOS ANGELES A PARTNERSHIP INCLUOING PROFESSIONAL CORPORATIONS TWO CENTURY PLAZA, FOURTEENTH FLOOR 4100 MACARTHUR BOULEVARD 2049 CENTURY PARK EAST NEWPORT BEACH. CALIFORNIA 92660 LOS ANGELES, CALIFORNIA 90067 (213) 556-8000 (213) 879-8000 (714) 760-9300 CABLE ADDRESS: WYBAROK CREIGHTON D. MILLS September 10, 1984 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Harry P. Roe 611 Lido Park Drive, No. 2E Newport Beach, California 92663 Re: Henninqs v. Roe Dear Mr. Roe: WASHINGTON, D.C. 600 NEW HAMPSHIRE AVENUE, N.W.. SUITE 580 WASHINGTON, D.C. 20037 (202) 466-2222 The Newport Beach City Council took action with respect to Harbor Permit Application No. 172-831 ("Application") at its regularly scheduled meeting on August 27, 1984. This Applica- tion concerned the pier and float for the property located at 831 Via Lido Soud which was recently purchased from you by Mr. and Mrs. Hennings. As you know from my letters to you dated June 28, 19804and July 10, 1984 and from our meeting of July 5, 1984 and various telephone conversations, this Application sought to enable the Hennings to maintain the pier and float in its present configuration and to transfer the property at some future date with the pier and float "as is" to subsequent purchasers. You are probably aware that the City Council gave its approval to the Application; however, the permit granted was made subject to several conditions. These co nditions include the following: 1. That the property owner of 827 Via Lido Soud be allowed to cross tie a single vessel between his finger float and the west side of the slip at 831 Via Lido Soud; 2. That should future configuration changes be approved for the slip and/or pier at 831 Via Lido Soud, the applicant would re-establish the 5' set back between 827 and 831 Via Lido Soud; and Mr. Harry'P. Roe Page Two 3. That should the property at 831 Via Lido Soud be sold, the City Council would again review the 5' set back Harbor Permit Policy requirement. Despite having granted you opportunities to resolve this matter, the Hennings are left with a permit which is subject to the foregoing conditions. They may retain the current configuration of the pier and float only if they comply with the conditions on the new permit, and there is no certainty that they can transfer the property to a subsequent purchaser without having to modify the float configuration to comply with the five foot set back requirement. As this matter has not been resolved to the Hennings' satisfaction, please accept this letter as a formal revocation of the open extension of time to respond to the complaint filed in the above -captioned action, which complaint was originally served on you July 12, 1984. The Hennings are currently in the process of ascertaining the exact measure of the damages caused them by the actions set forth in the complaint. In addition, the Hennings are obtaining an estimate for repair work required to be performed to the pier and float as contemplated by the holdback of funds in escrow pursuant to the supplemental escrow instructions dated May 3, 1984. We will contact you as soon as the total amount due is determined. Pending resolution of this matter, the Hennings are with- holding payments under the promissory note secured by the second deed of trust as offset because of their damages. Please be advised that if you initiate any foreclosure proceedings under said second deed of trust before this matter is resolved, the Hennings will take action to enjoin any such proceedings and will seek any additional damages caused thereby, including, without limitation, their costs and attorneys' fees. If you have any questions with regard to the foregoingt please contact me at your convenience. Mr. Harry P. Roe Page Two This letter is written without waiver of any of our clients' rights or remedies in this matter, either at law or in equity, all of which are hereby expressly reserved. Very truily yours, d!)g'h2 Cr ghton D. Mills for WYMAN, BAUTZER, ROTHMAN, KUCHEL & SILBERT CDM/pkm cc: Mr. and Mrs. Edward Hennings Thomas R. Malcolm, Esq. CITY OF NEWPORT BEACH Marine Department August 27, 1984 AGENDA ITEM F-12 TO: MAYOR AND CITY COUNCIL FROM: Tidelands Affairs Committee SUBJECT: HARBOR PERMIT APPLICATION 172-831 BY JEANETTE HENNINGS TO PRESERVE A NON -CONFORMING FLOAT BAYWARD OF 831 VIA LIDO SOUD. R6dommendation: If desired: Allow the float to remain in its. current position subject -to the f6llowing conditions: 1. That the property owner of 827 Via Lido Soud be allowed to cross tie a single vessel between his finger float and the west side of the slip at 831 Via Lido Soud. 2. That should future configuration changes be approved for the slip and/or pier at 831 Via Lido Soud, the applicant would re-establish the 5' set back between 827 and 831 Via Lido Soud. 3. That should the property at 831 Via Lido Soud be sold, the City Council would again review the 5' set back Harbor Permit Policy requirement. Background: At the City Council meeting of August 13, 1984, the above item was referred to the Tidelands Affairs Committee for review and report back. On August 17, 1984, Mr. and Mrs. Hennings and their attorney Creighton Mills met with the Tidelands Affairs Committee to discuss the non -conforming float. The Hennings indicated that at the time of purchase, they were unaware of the condition on the permit, and it was noted that the escrow had closed prior to a request for a Marine Department pier transfer inspection. This i§ significant, in that this inspection would have disclosed the condition in the permit to the new buyers prior to a finalization of the purchase. It was also brought to the attention of the committee that the adjacent propefty owner at 827 Via Lido Soud, Mr. Allen Fainbarg, has submitted a letter to the Marine Department indicating that he sees no problem with the non -conformity. 172-831 8/27/84 Based on this information, and a review of the permit drawings and correspondence, the Tideland Affairs Committee makes the above recommendation. Mayor Pro Tem Philip Maurer Councilwoman Ruthelyn Plummer DH: db C"ITY OF NEWPORT BEACH COUNCIL MEMBERS PAI I irAl August 27, 1994 MINUTES I I'M STMAIA 9. STAFF AND COMMISSION REPORTS: For Council information and app roval (a) Copy of letter from the City Offshore Attorney in response to the County Oil/Outr of Santa Cruz for financial Cntntl Shlf participation in OUTER CONTINENTAL (87) SHELF LOCAL GOVERNMENT COORDINATION PROGRAM. (b) Re port from the Planning Department Plng/Studio regarding letters from Perry Cafe McLelland and John Harrison (68) protesting LIVE ENTERTAINMENT AT THE STUDIO CAFE in Corona del Mar. (c) Memorandum from Executive Assistant Arts Cmsn/ regarding ARTS COMMISSION OFFICERS '84-85 bfcrs FOR FISCAL YEAR 1984-85. (24) 10. PUBLIC HEARING SCHEDULING - For September 10, 1984: (a) ' USE PERMIT NO. 3048 (Revocation) U/P 3048(R) Report.from the Planning Department regarding a recommendation of the Planning Commission on August 9, 1984, to consider the revocation of USE PERMIT NO. 3048, which permitted the establishment of a temporary handwashing, waxing, and auto detailing facility in portable structures on property located at 2166 East Coast Highway on the northerly side of East Coast Highway between Newport Center Drive and MacArthur Boulevard, in Newport Village; zoned P -C. 11. BAYFRONT BULKHEAD SEALING, SIDEWALK AND Bayfront PAVEMENT GROUTING (C-2448) - Approve the Bulkhd Slg/ plans and specifications; and authorize Sdwlk Pvmt the City Clerk to advertise for bids to Grtg be opened at 11:00 a.m. on September 13, C-2448 1984. (Repor ' t from Public Works (38) Department) 12. HARBOR PERMIT APPLICATION #172-831 Harbor, Perm Allow the float to remain in its current #172-831 position subject to the conditions (51) imposed by the Tidelands Affairs Committee for application by Jeannette B. Hennings to preserve a nonconforming float bayward of 831 Via Lido Soud. (Report from Tidelands Affairs Committee) Volume 38 - Page 272 CITY OF NEWPORT BEACH COUNCIL MEMBERS Rni i rAi August 27, 1984 MINUTES 13. HARBOR PERMIT APPLICATION #124-3400 - Harbor Perm Approve the application subject to the #124-3400 conditions listed in the staff report (51) for application by Duncan McIntosh to temporarily revise a section of the commercial docks at Lido Village. (Report from Marine Department) 14. PLANNING COMMISSION - Accept with Planning regret, resignation of Jerry King from Cmsn the Planning Commission, effective (24) September 1, 1984 (Clerk's office to post vacancy notice). 15. BUDGET AMENDMENTS - For approval: (25) BA -019 - $60,000 Increase in Budget Appropriations for replacement of totally damaged packer; General Services -Refuse Fund. BA -020 - $10,000 Increase in Budget Appropriations and Revenue Estimates to provide for construction of sewer main through Begonia Park/Contribution from Gfellet Development Company (Fernleaf Avenue Storm Drain/bahlia Avenue Sewer Replacement C-2431); Contributions Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Planning Department Cannery recommending the Mayor and City Clerk be Vlg/McFdn authorized to execute an,agreement with Sq Spcfc Pln consultant for the preparation of the & Arroyo Grp CANNERY VILLAGE/MCFADDEN SQUARE SPECIFIG C-2460 AREA PLAN, was presented. (38) In response to questions raised by Council Member Heather, the Planning Director stated that the consultant for this project was selected on the basis of the proposal which was submitted and the presentation which was made to the Planning Department staff, including a reference check. He stated that there were seven proposals submitted, and that this proposal was not the lowest. Council Member Heather stated that she will abstain from voting on this item because of her concerns. Motion x Motion was made to authorize the Mayor Ayes x X X. x X and City Clerk to execute an Agreement Abstain X with Consultant for the.preparation of the CANNERY.VILLAGE/MCFADDEX SQUARE SPECIFIC AREA PLAN. Volume 38 Page 273 P U �ugust 21, 1984 CITY OF NEWPORT BEACH Jeanette Hennings 831 Via Lido Soud Newport Beach, CA 92663 Dear Sir: The City of Newport Beach has received an application to transfer pier permit # 172-831 for the property located at831 Via Lido Soud Newport Beach, California. The structure was inspected on 8/21/84 at which time it was determined that the following deficiencies exist: 1. An anti -syphon deviee is needed on the dock, on the wAter-line bayward of the bulkhead.. 2. We recommend that additional flotation be added under to dock to support the ramp where it connects to the float. 3. 5. In accordance with Section 10-D of the City Harbor Permit Policies: "All structural deficiencies must be corrected......", it will be necessary for these to be corrected. A permit for any electrical or plumbing work must be obtained from the Building Department of the City. All other work requires a Harbor Permit. Please advise this department when the above deficiencies have been corrected. If you have any questions, please contact me at 640-2156. Thank you for your cooperation. Sincerely, .., �1� - IAM�,o VV -1 04�- Tony Mel7m, Tidelands Administrator City Hall - 3,300 Newj)ort Boulevard, Newpi-t Beach, C-1111-m-nia 9266,3 C51 W_ S MONS UM (CITACION JUDICIAL) NOTICE TO DEFENDANT: (Aviso a Acusado) HARRY P. ROE, an individual;. DOES 1 through 10, inclusive YOU ARE BEING SUED BY PLAINTIFF: (A Ud. le estj demandando) JEANETTE B. HENNINGS, Trustee of the JEANETTE B. HENNINGS Revocable Trust U/D/T Dated June 22, 1983 FOR COURT USE ONLY 15010 PARA t/50 Of 1A CORTI) You have 30 CALENDAR DAYS after this sum- Despu6s de que le entreguen esta citaci6n judicial usted mons is served on you to file a typewritten re- fiene un plazo de 30 DIAS CALENDARIOS paral presentar sponse at this court. una respuesta escrita a miquina en esta corte. A letter or phone call will not protect you; your Una carta o una Haniada telef6nica no le ofrecerd typewritten response must be in proper legal protecci6n, su respuesta escrita a m4quina tiene que form if you want the court to hear your case. cumplir con las formalidades leoles apropiadas si usted If you do not file your response on time, you may quiere que la Corte escuche su caso. lose the case, and your wages, money and pro- Si usted no presenta su respuesta a dernpo, puede perder perty may be taken without further warning from el casqr.� y le pueden quitar su salariq su dinero y otras cosas the court. de su propiedad sin aviso adicional por parte de la corte. There are other legal requirements. You may Existen otros requisitos legales. Puede que usted quiera v.fdnt to call an attorney right away. If you do not liamar a un abogado inmediatamente. Si no conoce a un know an attorney, you may call an attorney refer- abogado, puede llarnar a un servicio de referencia de ral service or a legal aid office (listed in the phone abogados o a una oficina de ayuda legal (vea el directorio book). telefkinico). The name and address of the court is: (El nombre y direccidin de la Corte es) SUPERIOR C OURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE 700 Civic Center Drive West Santa Ana, California 92701 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney; is: (El nonphre. la dire-ciri6n y el n6mero de tel&bno del abogado del demandante, o del demandante que no tiene abogado, es) .WYMAN, BAUTZER, ROTHMAN, KUCHEL & SILBERT 4100 MaCArthur Boulevard Newport Beach, California 92660 (714)760-9300 ig" LEE A. BRANCH DATE: Clerk, by MARY MAL K Deputy ift.,-hi) (Actuario) (Delegado) NOTME TO THE PERSON SERVED: You are served 1. m1h L_r-t.4 as an individual defendant. 2. F-1 as the person sued under the fictitious name of Ispecify): 3. E::] on behalf of (specify): under: Form Adopted by Rule 982 Judicial Council of Cal'IOTM8 9821a)(9) Way- January 1. 19841 CCP 416.10 lcorporation) CCP 416.60 (minor) CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (association or partnership) CCP 416.90 (individual) other personal delivery on (date): (see reverse for Proof of Service) SUMMONS CCP 412 7n A PROOF OF SERVICE — SUMMONS I served the (USL aparate proof of service for each person serv.-I) a. summons = complaint = amended summons amended complaint completed and blank Case Questionnaires Other (specify): b. on defendant (name): c. by serving defendant other Iname and title or relationship to person served) d. = by delivery = at home = at business (1) date: (2) time: 13) address: e. by mailing (1) date: (2) place: 2. Manner of service (check proper box): a.- Personal service. By personally delivering copies. (CCP 415.10) b. Substituted service on corporation, unincorporated association lincluding partnership), or public entity. By leaving, during usual office hours, copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(a)) C. Substituted service on natural person, minor, conservatee, or candidate. By leaving copies at the dwelling house� usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of the office or place of business, at least 18 years of age, who was inforryied of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415-20(b)) (Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence in first attempting personal service.) d. Mail and acknowledgment service. By mailing (by first-class mail or airmail, postage prepaid) copies to the person served, together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid, addressed to the sender. (CCP 415.30) (Attach completed acknowledgment of receipt.) a Certified or registered mail service. By mailing to an address outside California (by first-class mail, postage prepaid, requiring a return receipt) copies to the person served. (CCP 415.40) (Attach signed return receipt or other evidence of actual delivery to the person served.) Other (specify code section): = additional page is attached. 3. The "Notice to the Person Served" (on the summons) was completed as follows (CCP 412.30, 415.10, and 474): a. as an individual defendant. b. as the person sued under the fictitious name of (specify): C. on behalf of (specify): under: CCP 416.10 (corporation) CCP 416.60 (minor) other: CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (association or partnership) CCP 416.90 (individual) d. by personal delivery on (date): 4. At the time of service I was at least 18 years of age and not a party to this action. 5. Fee for service: $ 6. Person serving: a. CaWornia sheriff, marshal, or constable. f. Name, address and telephone number and, if applicable, b. Registered California process server. county of registration and number: c. Employee or independent contractor of a registered California process server. d. Not a registered Califor ria process server. Exempt from registration under Bus. & Prof. Code 22350(b). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (SIGNATUREI 982(a)(91 iRev. isnu&ry 1, 19841 (For California sheriff. marshal, or constable use only) I certify that the foregoing is true and correct. Date: iSIGNATURE) 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 LAW OFFICES WYMAN, BAUTZER, ROTHMAN, KLICHEL & SILBERT A Partnership including Professional Corporations 4100 MAC ARTHUR BLVD. NEWPORT BEACK CALIFORNIA 92660 (7141 760-9300 Attorneys for Plaintiff JEANETTE B. HENNINGS, Trustee of the JEANETTE B. HENNINGS Revocable Trust U/D/T Dated June 22, 1984 (SPACE BELOW FOR FILING STANIP ONLY) k* SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE JEANNETTE B. HENNINGS, Trustee of the JEANETTE B.-HENNINGS Revocable Trust U/D/T Dated June 22, 1983, Plaintif f , VS. HARRY P. ROE, an individual; DOES 1 through 10, inclusive, Defendants. CASE NO. -3 7,:2- 62 COMPLAINT FOR DAMAGES FOR FRAUD, BREACH OF CONTRACT, BREACH OF IMPLIED WARRANTY UNDER GRANT DEED; REQUEST FOR SETOFF AND ISSUANCE OF TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION Plaintiff, for causes of action against defendants, and each of them, alleges as follows: FIRST CAUSE OF ACTION (Fraud) 1. Plaintiff JEANETTE B. HENNINGS, Trustee of the JEANETTE B. HENNINGS Trust U/D/T Dated June 22, 1983 ("HENNINGS") is the owner in fee simple abso-Lute of that certain real property described in Exhibit "A" attached hereto and incorporated herein by reference and more commonly known as: 831 Via Lido Soud, Newport Beach, California ("the property"). 1 2. HENNINGS is informed and believes, and thereon 2 alleges, that at all times herein mentioned defendant HARRY P. 3 ROE ("ROE") was and is an individual residing in the County of 4 Orange, State of California. Z) 3. The true names and capacities, whether individual, 6 corporate, associate or otherwise, of defendants DOES 1 through 7 10, inclusive, are unknown to HENNINGS, who therefore sues such 8 defendants by such fictitious names and will seek to amend this 9 complaint to insert the true names and capacities of such defen- 10 dants when the same have been ascertained. 11 4. The causes of action hereunder set forth relate to and J 0 Vi .2 10 '1� 0 12 arise out of acts, omissions and/or transactions made, entered ca N _j OW LU < > i 13 into or to be performed in the County of Orange, California. �om (r 0 e-.2 ir 0 0 W;i _J 0) 14 5. At all times herein mentioned each defendant was and 42M W 0 3: 6 Sc u ly: 15 is the agent of each remaining defendant, and in doing the acts < cc.<< _j d -3 'IZ W r� Uj_S0 (0 N -90 16 complained of herein, acted within the scope and course of such 0 3: 17 agency, and at the specific request, direction and approval of CL W z 18 each remaining defendant. 19 6. On or before May 8, 1984 ROE was the owner in fee 20 simple absolute of the property. 21 7. On or about March 19, 1984, and from time to time 22 thereafter, ROE, with the intent to defraud HENNINGS and to 23 induce HENNINGS to buy the property for the sum of 24 $1,400,000.00, represented to HENNINGS that: (1) ROE held title 25 to the property and all fixtures, improvements and/or appur- 26 tenances located thereon free and clear of all claims, liens, 27 encumbrances and/or restrictions of whatsoever nature, except as 28 thereafter disclosed to HENNINGS in a preliminary title report 2. 1 2 3 4 5 n. rA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 prepared by TICOR Title Insurance Company dated March 19, 1984; and (2) no claims, liens, encumbrances and/or restrictions of whatsoever nature would affect HENNINGS' intended use of the property including, but not limited to, HENNINGS' use of the private boat docking facility adjoining the property and made a part thereof after HENNINGS' purchase of the property from ROE. 8. The foregoing representations made by ROE were in fact f alse. The true facts were that at all times herein mentioned the private boat docking facility adjoining and made a part of the property was and is subject to a conditional use permit issued by the City of Newport Beach Harbor Authority, which con- ditional use permit requires HENNINGS to modify and reduce the size of the private boat docking facility to bring it into compliance with municipal code regulations. 9. HENNINGS is informed and believes, and on that basis alleges, that when ROE made the foregoing representations he knew them to be false, and these representations were made by ROE with the intent to defraud and deceive HENNINGS, and with the intent to induce HENNINGS to act in the manner herein alleged. 10. HENNINGS, at the time these representations were made by ROE, and at the time HENNINGS took the action herein alleged, was ignorant of the falsity of the foregoing representations and believed them to be true. In reliance on these representations, HENNINGS was induced to, and did in fact enter into a written --26 contract with ROE for the purchase of the property and paid to Li- .-�.ROE the sum of $1,400,000.00 as the purchase price for the prop -'J 28-11 would not have entered into the written contract 6 7 8 9 10 19 20 21 22 23 24 25 26 27 28 and would not have paid the purchase price to ROE for the prop- ertv, except in reliance upon the foregoing representations made by ROE. 11. As a proximate result of ROE's fraud, HENNINGS,has sustained damages in aft amount not yet fully ascertained, but which amount represents, among other things, the diminution in the present market value of the property from that of the purchase price of $1,400,000.00 paid by HENNINGS to ROE, and HENNINGS' expected out-of-pocket costs in modifying and/or reducing the size of the existing boat docking facility on the property to bring -it into compliance with municipal code regulations. SECOND CAUSE OF ACTION (Breach of Contract) 12. HENNINGS realleges and incorporates by reference paragraphs 1 through 11, inclusive, of this complaint as though fully set forth herein. 13. On or about March 4, 1984 HENNINGS, on the one hand, and ROE, on the other, entered into a written contract whereby HENNINGS agreed to purchase and ROE agreed to sell the property for the total sum consideration of $1,400,000.00. Pursuant to the written contract, ROE agreed to deliver to HENNINGS upon the close of escrow title to the property in fee simple absolute free of all claims, liens, encumbrances and/or restrictions of any nature whatsoever, except as otherwise disclosed to HENNINGS in a preliminary title report prepared by TICOR Title Insurance Company dated March 19, 1984. 14. HENNINGS has performed all the covenantst terms and 4. Uj M � J , 0 Fn.S? 0 7i 0 12 -a LU < Hx- > 13 , D ��M M 0 (n -le .2 0! 0 0 4 0 0 0.� U Fj 10 C� W - 0 Nao, 16 0 17 a. W < Z 18 19 20 21 22 23 24 25 26 27 28 and would not have paid the purchase price to ROE for the prop- ertv, except in reliance upon the foregoing representations made by ROE. 11. As a proximate result of ROE's fraud, HENNINGS,has sustained damages in aft amount not yet fully ascertained, but which amount represents, among other things, the diminution in the present market value of the property from that of the purchase price of $1,400,000.00 paid by HENNINGS to ROE, and HENNINGS' expected out-of-pocket costs in modifying and/or reducing the size of the existing boat docking facility on the property to bring -it into compliance with municipal code regulations. SECOND CAUSE OF ACTION (Breach of Contract) 12. HENNINGS realleges and incorporates by reference paragraphs 1 through 11, inclusive, of this complaint as though fully set forth herein. 13. On or about March 4, 1984 HENNINGS, on the one hand, and ROE, on the other, entered into a written contract whereby HENNINGS agreed to purchase and ROE agreed to sell the property for the total sum consideration of $1,400,000.00. Pursuant to the written contract, ROE agreed to deliver to HENNINGS upon the close of escrow title to the property in fee simple absolute free of all claims, liens, encumbrances and/or restrictions of any nature whatsoever, except as otherwise disclosed to HENNINGS in a preliminary title report prepared by TICOR Title Insurance Company dated March 19, 1984. 14. HENNINGS has performed all the covenantst terms and 4. 2 3 4 5 6 7 8 9 10 I. - cc 11 W Do J 0 12 13 0 0 X _J M 14 n. it U 00 0 U 10 < CC 5 < < _J CEFZ 2 W W -so 16 0 a. 17 z 18 19 20 21 22 23 24 25 conditions to be performed on her part under the written contract, except for such performance as has been excused by the conduct of defendants, and each of them, as hereinafter set forth. I 15. ROE, DOES I through 5, inclusive, and each of them, breached the written contract by failing to deliver to HENNINGS upon the close of escrow title to the property in fee simple absolute free of all claims, liens, encumbrances and/or restric- tions, except as disclosed to HENNINGS in the preliminary title report prepared by TICOR Title Insurance Company dated March 19, 1984. Specifically, the title that ROE, DOES 1 through 5, inclusive, and each of them, conveyed to HENNINGS upon the close of escrow is presently subject to a claim by the City of Newport Beach Harbor Authority restricting and/or terminating HENNINGS' right to use and/or maintain the existing boat docking facility adjoining and made a part of the property. 16. Pursuant to the express terms and provisions of the written contract, ROE is obligated to pay HENNINGS any and all costs, claims, demands, liabilities and damages (including attorneys' fees) arising out of or proximately caused by ROE's above-described breach of the contract. 17. As a direct and proximate result of the above- described breach of the written contract by ROE, HENNINGS has sustained other damages in an amount not yet fully ascertained, but which amount represents, among other things, the diminution of the present fair market value of the property from that of the purchase price of $1,400,000.00 paid by HENNINGS to ROE, and HENNINGS' expected out-of-pocket cost in modifying and/or 5. 1 2 3 4 5 6 7 8 9 10 19 20 21 22 23 24 25 26 reducing the size of the existing boat docking facility on the property to bring it into compliance with municipal code regulations. THIRD CAUSE OF ACTION (Breach of Implied Warranty Under Grant Deed) 18. HENNINGS realleges and incorporates by reference paragraphs 1 through 11, inclusive, of the First Cause of Action and paragraphs 12 through 17, inclusive, of the Second Cause of Action of this complaint As though fully set forth herein. 19. On or about March 15, 1984, for consideration received, ROE executed a grant deed conveying title to the prop- erty in fee simple absolute to HENNINGS. See, Exhibit "A" attached hereto and incorporated herein. The grant deed was recorded in the official records of the County of Orange, State of California and delivered to HENNINGS on or about May 8, 1984. 20. In executing and delivering the grant deed to HENNINGS, ROE impliedly warranted that the property was, at the time of ROE's execution of the deed, free from any. claim, encumbrance and/or restriction done, made or suffered by ROE, his agents, representatives and/or employees, which might impair or impede HENNINGS' use and beneficial enjoyment of the 11 property. 21. On or about May 8, 1984 ROE breached the above- described implied warranty of fitness for use and beneficial enjoyment by failing to deliver to HENNINGS upon the close of escrow title to the property in fee simple absolute free from all claims, liens, encumbrances and/or restrictions made, done or suffered by ROE, his agents, representatives and/or V. LU ca J 0 0 12 _J LU < 13 ,2>, M ��M M 0 Ir 0 0 14 Ir 0 15 0 u CC UJ 0 M 16 0 or 0 w c IL r M 3: 17 2F a. W < Z 18 19 20 21 22 23 24 25 26 reducing the size of the existing boat docking facility on the property to bring it into compliance with municipal code regulations. THIRD CAUSE OF ACTION (Breach of Implied Warranty Under Grant Deed) 18. HENNINGS realleges and incorporates by reference paragraphs 1 through 11, inclusive, of the First Cause of Action and paragraphs 12 through 17, inclusive, of the Second Cause of Action of this complaint As though fully set forth herein. 19. On or about March 15, 1984, for consideration received, ROE executed a grant deed conveying title to the prop- erty in fee simple absolute to HENNINGS. See, Exhibit "A" attached hereto and incorporated herein. The grant deed was recorded in the official records of the County of Orange, State of California and delivered to HENNINGS on or about May 8, 1984. 20. In executing and delivering the grant deed to HENNINGS, ROE impliedly warranted that the property was, at the time of ROE's execution of the deed, free from any. claim, encumbrance and/or restriction done, made or suffered by ROE, his agents, representatives and/or employees, which might impair or impede HENNINGS' use and beneficial enjoyment of the 11 property. 21. On or about May 8, 1984 ROE breached the above- described implied warranty of fitness for use and beneficial enjoyment by failing to deliver to HENNINGS upon the close of escrow title to the property in fee simple absolute free from all claims, liens, encumbrances and/or restrictions made, done or suffered by ROE, his agents, representatives and/or V. 1 emplovees. Specifically, the title that ROE conveyed to 2 HENNINGS upon the close of escrow is presently subject to a 3 claim by the City of Newport Beach Harbor Authority restricting 4 and/or terminating HENNINGS' right to use and/or maintain the 5 existing boat docking facility adjoining and made part of the 6 property. 7 22. As a direct and proximate consequent of ROE's breach 8 of the above-described implied warranty, HENNINGS has sustained 9 damages in an amount not yet fully ascertained, but -which amount 10 represents, among other things, the diminution in the present cc 11 market value of the property from that of the purchase price of W M _J 1 0 Fn �2 �D to N 12 $1,400,000.00 paid by HENNINGS to ROE, and HENNINGS' expected < (2 > 13 out-of-pocket cost in modifying and/or reducing the size of the CC 0 -�--200 2 Z, < 6 14 existing boat docking facility on the property to bring it into Cr U 3-cauu 15 compliance with municipal code regulations. cc C W__0 N -L� 0 16 FOURTH CAUSE OF ACTION 0 C a. 17 (Setoff) a. W 4 < Z 18 23. HENNINGS realleges and incorporates by reference 19 paragraphs 1 th rough 11, inclusive, of the First Cause of 20 Action, paragraphs 12 through 17, inclusive, of the Second Cause 21 of Action, and -paragraphs 18 through 22, inclusive, of the Third 22 Cause of Action of this complaint as though fully set forth 23 herein. 24 24. In accordance with the express terms and provisions of 25 the parties' written contract, on or about May 4, 1984 ROE 26 became the beneficiary under a Trust Deed and accompanying 27 Installment Note encumbering the property. See, Exhibits "B" 28 and "C" attached hereto and incorporated herein as though set 7. 1 2 3 4 5 6 7 8 9 10 Cr 11 W co J 0 12 -5 N _J W 13 0 0 Y-2 it 0 0 w 14 a. 0: 0 'D 0 X < . , -, 15 3 5- u ; CC 5< < - J dZI W I- W S 0 W 0 16 0 m iL 17 W 40- < Z 18 19 20 21 22 23 24 25 26 27 28 forth in full. Pu rsuant to the terms and provisions of the Trust Deed and Installment Note -F HENNINGS is obligated to pay the principal sum of $577,809.49 to ROE in monthly installments of $5,502.57 or more until 1994 or paid in full. 25. HENNINGS is entitled to a setoff of the damages prox- imately caused and sustained by reason of ROE's above-described fraud, breach of contract and breach of the implied warranty of fitness for use and beneficial enjoyment against future payments as they become due and owing to ROE under the Trust Deed and Installment Note. FIFTH CAUSE OF ACTION (Temporary Restraining Order and Preliminary Injunction) 26. HENNINGS realleges and incorporates by reference paragraphs 1 through 11, inclusive, of the First Cause of Action, paragraphs 12 through 17, inclusive, of the Second Cause of Action, paragraphs 18 through 22, inclusive, of the Third Cause of Action, and paraqraphs 23 through 25, inclusive, of the Fourth Cause of Action of this complaint as though fully set forth herein. 27. HENNINGS will suffer immediate and irreparable injury and will have no adequate remedy at law in that her right to a setoff in the amount of damages proximately caused and/or sustained as a result of ROE's above-described fraud, breach of contract and breach of the implied warranty of fitness for use and beneficial enjoyment will be forever destroyed if ROE is permitted to transfer the Trust Deed and Installment Note described in paraq raph 24 above to a third party bona fide purchaser for value without advance notice to HENNINGS. For M. this reason, HENNINGS requests that the Court cause a temporary 2 restraining order and preliminary injunction to issue enjoining 3 ROE, his respective agents, representatives and/or employees 4 from selling, transferring and/or in any way divesting ROE of 5 his rights as a beneficiary under the Trust Deed and Installment 6 Note attached hereto as Exhibit "B" and "C", respectively, 7 without giving HENNINGS at least two weeks' advance notice of 8 the name, address and present whereabouts of the intended 9 purchaser and/or transferee of ROE's rights under the Trust Deed 10 and Installment Note. cc 11 WHEREFORE, HENNINGS prays for judgment againt defendants, Ui 03 J 0 Z-3 'D 12 and each of them, as follows: _J a 01 UJ 80 < 5?> . i 13 ON THE FIRST, SECOND AND THIRD CAUSES OF ACTION :) Ir 0 U) �d 0 0 14 For general and consequential damages in an amount not yet 2L U0 :,c I'D 0 , < - �:O.gU6; 15 fully ascertained, but which amount represents, among other < G� -R I <. � .0M_ 16 things, the diminution in the present market value of the prop - 0 CL 3: 17 erty from that of the purchase price of $1,400,000.00 paid by 0- La Z 18 HENNINGS to ROE, and HENNINGS' expected out -of-pocket cost in 19 modifying and/or reducing the size of the existing boat docking 20 facility on the property to bring it into compliance with muni - 21 cipal code regulations; - 22 ON THE SECOND CAUSE OF ACTION ALONE 23 For reasonable attorneys' fees and costs incurred herein; 24 ON THE FOURTH CAUSE OF ACTION 25 For a setoff in the amount of the damages awarded under the 26 First, Second and Third Causes of Action against the unpaid 27 remaining principal and interest due and owing to ROE under the 28 terms and provisions of the Trust Deed and Installment Note 9. 1 2 3 4 5 attached hereto as Exhibit "B" and "C", respectively; ON THE FIFTH CAUSE OF ACTION For an order requiring ROE, his agents, representatives and/or employees to show cause, if any, why they should not be enjoined as hereinafter set forth during the pendency of this 6 11 action; 7 8 9 10 19 20 21 22 23 24 25 26 27 28 For a temporary restraining order and preliminary injunction enjoining ROE, his respective agents, representatives and/or employees from selling, transferring and/or in any way divesting ROE of his rights as a beneficiary under the Trust Deed and Installment Note attached hereto as Exhibits "B" and "C", respectively, without giving HENNINGS at least two weeks' advance notice of the name, address and present whereabouts of the intended purchaser and/or transferee of ROE's rights under the Trust Deed and Installment Note; and ON ALL CAUSES OF ACTION For interest on any damages awarded as allowed by law; For costs of suit incurred herein; and For such other and further relief as the Court may deem just and proper. DATED: July 10, 1984 WYMAN, BAUTZER, ROTHMAN, KUCHEL & SILBERT Thomas R. Malcolm, P.C. Creighton D. Mills David A. Robinson By s K.—M41colm, P.C. Attorneys for Plaintiff JEANETTE B. HENNINGS, Trustee of the JEANETTE B. HENNINGS Revocable Trust U/D/T Dated June 22, 1984 10. 0 12 Ch W60< 11?> , J 13 D 0,M cr 0 Y-2 Er 0 0 14 U 0. 0 3: < 3: 0.8U FJ 10 < a: 5,�( < Ce -5 2 W a W 0 M N ao 16 0 A S (L 17 z 18 19 20 21 22 23 24 25 26 27 28 For a temporary restraining order and preliminary injunction enjoining ROE, his respective agents, representatives and/or employees from selling, transferring and/or in any way divesting ROE of his rights as a beneficiary under the Trust Deed and Installment Note attached hereto as Exhibits "B" and "C", respectively, without giving HENNINGS at least two weeks' advance notice of the name, address and present whereabouts of the intended purchaser and/or transferee of ROE's rights under the Trust Deed and Installment Note; and ON ALL CAUSES OF ACTION For interest on any damages awarded as allowed by law; For costs of suit incurred herein; and For such other and further relief as the Court may deem just and proper. DATED: July 10, 1984 WYMAN, BAUTZER, ROTHMAN, KUCHEL & SILBERT Thomas R. Malcolm, P.C. Creighton D. Mills David A. Robinson By s K.—M41colm, P.C. Attorneys for Plaintiff JEANETTE B. HENNINGS, Trustee of the JEANETTE B. HENNINGS Revocable Trust U/D/T Dated June 22, 1984 10. OrderNo. 664159 585 Escrow No. Loan No. WHEN RECORDED MAIL TO: Jeanette B. Hennings 831 Via Lido Soud Newport Beach, CA 92663 Recotded at the fiMuest 01 TICO2 TITLE INS. CO. Of CALIF - SURVEY MON. FUND FEE sio.00 8:00 mAy 81984 km. 011,c,ai Record% orange counly C11111forme $4.00 (:>�� a r �� Recovdtf SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $.47-2-2� Same as above PAID ...... Computed on the consideration or value of property conveyed; OR XX. Computed on the consideration or value less lions or encumbrances DOC TRANSFER TAX remaining at time of sale. LEEA. BRANCH ORANGE CO RECDRDM The Undersigned Grantor Signature of Declarant or Agent determining tax — Firm Name FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HARRY PIERCE ROE hereby GRANT(S) to JEANETTE B. HENNINGS, Trustee of the Jeanette B. Hennings Revocable Trust U/D/T dated June 22, 1983 the real property in the City of Newport Beach County of Orange State of California, described as The Westerly 31 feet of Lot 309 of Tract 907, in the City of Newport Beach, County of Orange, State.of California, as per map recorded in Book 28, pages 25 to 36 inclusive of Miscellaneous Maps, in the office of the County Recorder of said County. Dated March 15, 1984 lz� Harry Pierc4 Roe I ST AT Or- CAkLi-ro- N i A COUNTYOF U�ange On March 15, 1984 before me, the undersigned, a Notary Public in and for said State, per- sonally appeared Harry Pierce Roe ();-FK'!AL SEAL personally known to me (or proved to me on the basis of satisfactory TCf!'I AGILI-ke-11 C TZ OT. I evidence) to be the personcs) whose name�s) is/�roe subscribed to the C,LiFC1,NjA FFICE IN N"'ITY within instrument and acknowledged to me that he/i�tX&t�CX executed I - the same. V 1 98F WITNESS my handwo official seal. --Z (This area se ji) Signat6re 0 n KollwiV n 1002 (6/82) MAIL -"TAX STATEMENTS AS DIRECTED ABOVE E HIBIT A --,)TE- 1 When paid, this note and the of Trust must be DO NOT DESTROY T( i surrendered to the First American Title Insurance Company w th request for reconveyance INSTAA LLMENT NOTE (INTEREST INCLUDED) $ 577,809.49 Tustin May 4, 1984 California, In installments and at the times hereinafte . r stated for value received JEANETTE B. HENNINGS, Trustee of the Jeanette B. Henhings Revocable' Trust U/D/T dated June 22, 11983. promise__� to pay to HARRY P. POE, an unmarried man 0. or order, a ignated by Beneficiary the principal sum of. Five Hundred Seventy Seven Thousand tight Hundred N ' ine and lollars, with interest from— . date endorsed on the amounts of principal remaining from time to time unpaid, until said principal sum is paid, at the rate o Eleven (11%) per cent, per annum. Principal and interest due in monthly installments of__Zi d Two and 5//100 ------- ------ Dollars, Lve Thousand Five Hundre ($ 5,502.57 _), or more on the same day of each and every month, beginning on the d . ay of 19— and continuing monthly thereafter until 9 1994, at which time the entire unpaid principal balance, plus any accrued yet unpaid interest, shall become immediately due and payable in full. Payor may prepay the outstanding principal balance due here . under, in whole or in part, at any time prior to maturity without penalty. This note is subject to Section 2966 of the Civil Code which provides that the holder of this note shall give written notice to the trustor, or 'his successor in interest, of prescribed information at least 60 and not more than 150 days before any balloon payment is due. -k=kmr�:pir�AT ANY TIME, THE PRIVILEGE IS RE- SERVED TO PAY MORE THAN THE SUM DUE. Each payment shall be credited first, oh the interest then due; and the remain- der on the principal sum; and interest shall thereupon cease upon the amount so credited on the said principal sum. Should default be made in the payment of any of said installments when due, then the whole sum of principal and interest shall become immediately due and payable at the option of the holder of this note. Should suit be commenced to collect this note or any portion thereof, such sum as the Court may deem reasonable shall be added hereto as attorney's fees. Principal and interest payable in lawful money of the United Siates of America. This note is secured by a certain DEED OF TRUST to DHCTrr- a corporation, as I 1079 (4f72) T -%/q DOD E�crow No. Loirhlo. WHEN RECORDED MAIL TO: Harry P. Roe 611 Lido Park Drive #2E Newport Beach, Ca 92663 SPACE ABOVE THIS LINE FOR RECORDER— tJr,;: DEED OF TRUST WITH ASSIGNMENT OF RENTS (SHORT FORM) This DEED OF TRUST, made May 4, 1984 between JEANETTE B. HENNINGS, Trustee of the Jeanette B. Hennings Revocable Trust U/D/T dated June 22, 1983 herein called TRUSTOR, whose address is 831 Via Lido Soud, Newport Beach, California (Number and Street) (city) (State) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and HARRY P. ROE, an unmarried man WITNESSETH: That Trustor grants to Trustee in Trust, with P:)wer o f Sale that pro herein called"BENEFICIARY,* Beach perty'in the City of Newport County of Oran& State of California, described as: The westerly 31 feet of Lot 309 of Tract No. 907, in the City of Newport Beach, as per map rec . orded in book 28, pages 25 to 36 of Miscellaneous Maps, : in the office of the County Recorder of said county. Together with the rents, issues and profirts thereof, subject, however, to the fight, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. For the Purpose of SecuringM payment of the surn of$ 577,809.49 with interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of Beriefliciary, and extensions or renewals thereof; and (2) the performance of each agreement of Trustor incorporated by reference or contained herein (3) Payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision 8 of the fictitious deed of trust recorded in Orange County August 77, 1964, and in all other counties August 18, 1964, in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, namely: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 1288 556 Kings ass 713 Placer 1028 379 Sierra 32 187 Alpine 3 130-31 Lake 437 110 Plumas 166 1307 Ameclor 133 438 Lassen 1912 367 Riverside 3773 347 Siskiyou 506 762 sulte 1330 513 Solano 1287 621 Los Angeles T-3273 874 Sacramento 5039 124 Sonoma 2067 427 Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaw$ 1970 56 Colusa 323 391 Marin 1849 122 San Bernardino 6213 768 Sutter 655 $as Contra Costa 4684 1 Mariposa 90 4S3 San Francisco A-804 596 Tehama 457 183 Del Norte 101 549 Mendocino "if 99 San Joaquin 2855 283 Trinity 108 595 El Dorado 704 635 Merced 1"0 753 San Luis Obispo 1311 137 Tulare 2530 log Frts"o 5052 623 Modoc 191 93 San Mate 4778 Glenn 4169 76 Mona 69 302 0 175 Tuolumne 177 160 Humboldt Santa Barbara 2065 alill Ventura 2607 237 so 1 83 Monterey 357 239 Santa Clara 6626 6" yolo Imperial 1189 701 Napa 704 742 Santa Crum 1638 607 Yuba 769 16 Inyo 165 672 Nevada 363 94 Shasta 398 693 Kom 3756 690 goo 633 Orange 7182 Is San Diego SERIES 5 Book 1964, Page 149774 shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said subdivision A and 8, (identical in all counties, and printed on the reverse side hereof) are by the within reference lherelo, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefor does not exceed the maximum allowed by law. Th- un r : J s gne Irustor, requests that a COPY Of any notice of default and a STATE OF CALIFORNIA COUNTY 0 On beto . re me, the undersignect a Notary Public in and for said State, per- sonailyappeared_�.a�nette B. HenningS personally known to me (of proved -to me on the basis of satisfactory 4avidence) 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. WITNESS my hand and official seal. (Thk area for Offic;al ncifor;al seal) 1158 (6/82) VERIFICATION STATE OF CALIFORNIA, COUNTY OF ORANGE I have read the foregoing— COMPLAINT FOR D GES and know its contents. N CHECK APPLICABLE PARAGRAPH 1 am a party to this action. The matters stated in it are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. I am 0 an Officer 0 a partner Eya the Trustee ofthe JEANETTE B. H NNINGS geynnahl�- 1rust U/D/T Dated June 22, 1983. a party to this action, and am authorized to make this verification for and on its behalf, and I make this verification for that reason. I have read the foregoing document and know its contents. The matters stated in it are true of my own knowledge except as to those matters which are stated on information and belief, and as. to those matters I believe them to be true. I am one of the attorneys for a party to this action. Such party is absent from the county of aforesaid where such attorneys have their offices, and I make this verification for and on behalf of that party for that reason. I have read the foregoing document and know its contents. I am informed and believe and on that ground allege that the matters stated in it are true. July .— at- Newport Beach —California.: Executed on , lo84 I declare under penalty of perjury under the laws of the State of California Wt the foreg ,P� Wrue and correct. Sigodre"B. HENNINGS, ACKNOWLEDGMENT OF RE 1p U Trustee C (other than summons 7and cojainrt Received copy of document described as - on 19— Signature PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF I am employed in the county of State of California. I am over the age of 18 and not a party to the within action; my business address is - On 19_ 1 served the foregoing document described a% in this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at: addressed as follows: (BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at California. (BY PERSONAL SERVICE) I -caused such envelope to be delivered by hand to the offices of the addressee. Executed on 19— at . California. (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. STUART'S EXIBROOK TIMESAVER (REVISED 7/81) Signature (may t* used m Csidorn* SWO or Fed�l Courts) 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 After recording, return to: LAW OFFICES WYMAN, BAUTZER, ROTHMAN, KUCHEL & SILBERT A Partnership Including Professional Corporations 4100 MAC ARTHUR BLVD. NEWPORT BEACH, CALIFORNIA 92660 (714) 760-9300 Thomas R. Malcolm, P.C. Creighton D. Mills, Esq. David A. Robinson Attorneys for Plaintiff JEANETTE B. HENNINGS, Trustee of the JEANETTE B. HENNINGS Revocable Trust U/D/T Dated June 22, 1983 (SPACE BELOW FOR FILING STAMP ONLY) SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE JEANETTE B. HENNINGS, Trustee of the JEANETTE B. HENNINGS Revocable Trust U/D/T Dated June 22, 1983, Plaintiff, VS. HARRY P. ROE, an individual; DOES 1 through 10, inclusive, Defendants. CASE NO. NOTICE OF PENDING ACTION (CCP §409) NOTICE IS HEREBY GIVEN that the above action concerning and affecting real property as described herein was commenced on July 11, 1984 in the above -entitled Court by JEANETTE B. HENNINGS, Trustee of the JEANETTE B. HENNINGS Revocable Trust U/D/T Dated June 22, 1983 ("Plaintiff") against HARRY P. ROE, DOES 1 through 10, inclusive ("defendants"). The action is now pending in the above -entitled Court. The action affects the title of real property situated in the City of Newport Beach, County of Orange, State of California, 1 and is more particularly described as follows: 2 The westerly 31 feet of Lot 309'of Tract No. 907, in the City of 3 Newport Beach, as per map recorded in Book 28, pages 25-36 of 4 Miscellaneous Maps, in the office of the county recorder of said 5 county, and is commonly known as 831 Via Lido Soud, Newport Beach, 6 California. 7 The object -of plaintiff's complaint is to obtain damagesi 8 a setoff and injunctive relief against defendant HARRY P. ROE 9 ("ROE") for fraud, breach of contract and breach of the implied 10 warranty of fitness for use and beneficial enjoyment of the 11 property based on the City of Newport Beach Harbor Authority's 0 12 enforcement of a conditional use permit under which the private W x?�.i 5 13 boat docking facility adjoining and made a part of the property 0 .0 0, z I x :i (� 14 was originally constructed and maintained. The complaint alleges W 22�-< 0 U, 0 3: 64 u 15 that ROE, among other things, defrauded plaintiff by failing < UJ - 0 N ao 16 to disclose the existence of the conditional use permit prior 0 0. W 17 to his sale of the property and delivery of a grant deed to Z 18 plaintiff. The complaint seeks, among other things, a setoff 19 of plaintiff's damages against plaintiff's obligation to pay 20 ROE monthly installments on the purchase price of the property 21 under that certain rrust Deed and accompanying Installment Note 22 23 24 25 26 27 28 -2- 1 attached hereto and incorporated herein as though set forth 2 in full as Exhibits "A" and "B". 3 DATED: July 11, 1984 4 WYMAN, BAUTZER, ROTHMAN, KUCHEL & SILBERT Thomas R. Malcolm, P.C. 5 Creighton D. Mills, Esq. Da A. Robinson, Esq. 6 BY: 8 Thomas R. MalccYlm,VP.C. Attorneys for Plaintiff JEANETTE B. 9 HENNINGS, Trustee of the JEANETTE B. HENNINGS Revocable Trust U/D/T Dated 10 June 22, 1983 LU ca J C 0 V5.2 0 -a 12 -j 0 0-0 w 13 0 0" 2 zC 21:5 T 14 U. 0 0 < 3: 0-905; 15 < MO, 16 0 a. w 17 Z 18 19 20 21 22 23 24 25 26 27 28 -3- I 1-041-1 IN 0. WHEN RECORDED MAIL TO: Harry P. Roe 611 Lido Park Drive #2E NewDort Beach, Ca 92663 SPACE ABOVE THIS LINE FOR RECOROER---, tMr. DEED OF TRUST WITH ASSIGNMENT OF RENTS (SHORT FORM) This DEED OF TRUST, made May 4, 1984 between JEANETTE B. HENNINGS, Trustee of the Jeanette B. Hennings Revocable Trust U/D/T dated June 22, 1983 4 herein called TRUSTOR, whose address is 831 Via Lido Soud, Newport Beach, California ' (Number and Street) (City) (State) FIRST AMERICAN. TITLE INSURANCE COMPANY, a California corporation, hereincalled TRUSTEE, and HARRY P. ROE, an unmarried man herein calied'BENEFICIARY,' WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale that prop�erty'in the 'City of Reach County of Orang� Newport State of California, described as: The westerly 31 feet of Lot 309 of Tract No. 907, in the City of Newport Beach, as per map recorded in book 28, pages 25 to 36 of Miscellaneous Maps, in the office of the County Recorder of said county. Together with the rents, issues and Profits thereof, subject, however, to the right, Power and authority hereinafter given to -and conferr . ed upon Beneficiary to collect and apply such rents, issues and profits. For the Purpose of Securing (1) payment of the sum of S 577 , 809 . 49 with interest thereon according to the terms of a promissory note or notes of even date herewith made by Truvor, payable to order of BeneFuciary. and extensions or renewals thereof; and (2) the performance of each agreement of Trustor incorporated by reference or contained herein (3) Payment of additional sums and interest thereon which may hereafter be loaned to T,.slor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To Protect the security of this Deed of Trust, and with respect to ?he property above described. Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and ail of the terms and provisions set forth in subd;vision A. and it is mutually agreed that each and all of the terms and Provisions set forth in subdivision a of the fictitious deed of trust recorded in Orang e County August 77, 1964, anti in all other counties August 18, 1964, in the book and at the page of Official Records in the office of the county recorder . noted below Opposite the name of such county, namely: f the county where said property is located, COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PACE Alameda 1233 556 Kings ass 713 Placer 1023 379 COUNTY BOOK PAGE Alpine 3 130-31 Lake 437 110 plumas 166 Sierra 39 187 Arnador 133 433 Lassen 1307 Siskiyou 506 762 tutte 1330 $13 Los Angeles 192 367 Riverside 3778 347 Solano 1287 621 calaveras T-3878 874 Sacramento $039 124 Sonoma 2067 427 Its 338 Madera 911 136 San Bon;to 300 405 Va islaus 1970 56 Colusa 323 391 Marin 1849 122 San Bernardino 6213 768 Stnter 655 Sas Con0a Cost# 4684 1 Mariposa 90 453 Son Francisco A-804 596 Teharria 457 183 Del None, 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity Ica 595 21 Dor&do 704 635 Merced 11"0 - 753 San Luis Obispo 1311 137 Tulare 2530 To& Fresno $052 623 Majoc 191 93 San Mateo 4778 175 Glenn Q`9 76 Man* Tuolumne 177 160 "urn"cit .69 302 Santa Barbara 2065 Sol Ventura 2607 237 801 03 Monterey 357 239 Santa Clara Imperial 1199 701 Napa 704 742 Santa Cruz 6626 664 yola 769 16 Inyo 165 672 Nevada 363 94 Shasta 1638 607 Ywba 398 693 Kern 3756 690 Orange 7182 13 Un Diego too 633 SERJES 5 1964, Page 149774 &hall inure IQ and bind the Parties hereto, with respect to the property above described. Said agreements, terms and Provisions contained in said subdivision A and 8, (identical in sit counties. and printed an the reverse side hereof) are by ?he within reference thereto, incorporated herein and made a par? of this Deed Of Trust for all purposes as fully as if set forth at length herein, and Beneficiary rnay charge for a statement regarding the obligation secured hereby, provided the Charge therefor does not exceed the maximum allowed by law. The . undersigned Trustoro requests that a COPY of any notice of default and any notice of so . le ��Under be mailed to him at his a'd4pess hereinbefore set forth. STATE OF cALIFORNIA COUNT'Y OrL— before me, thp undersigned. a Notary Public in and for said State. per- 50nallY appear,,d -Ttlans,tte R. IJCnni 2SS personally known to me (Or Proved to ,,, on the basis of -)lisfactory evidence) to be IhO PWSon(-�) whO,%e name(s) is/are subscribed to the wtth.n inslium-rif and acknome 19'�'d to me that he/shetlht�y executed the same. WITNESS iny hand and official seal SO)nature E p Xlu!Z FIT.. n (7�4� .1.0 to, ".1p 1153 (6/82) DO NOT DESTROY THIS "TE. : When paid, this note and the Dee ' --)f Trust must be surrendered to the First X. -rican Title Insurance Company with reque icr reconveyance. I I "E"'T KInTC (INTEREST INCLUDED) $ 577 809-49 Tustin California, 'May 4, 1984 In installments and at the times hereinafter stated, for value received JEANETTE B. HENNINGS, Trustee of the Jeanette B. Hennings Revocable' Trust U/D/T dated June 22, 1983. promise- S to pay to HARRY P. ROE, an unmarried man or order, at____a�nplace so designated by Beneficiary the principal sum of - Five Hundred Seventy Seven Thousand Eight Hundred Nine and 49/100-- Dollars, with interest from— date endorsed n the amounts of principal remaining from time to time unpaid, until said principal sum is paid, at the rate of Eleven (117-) and per cent f—'r annum. Principal and interest due in monthl installments of Five Thousand Five Hundred Two 57/10 Dollars, ($_5,50V. 57 _), or more on the same day of each and every month, beginning on the day of—, 19 and continuing monthly thereafter until 1994, at which time the entire unpaid principal balance, plus any accrued yet unpaid interest, shall become immediately due and payable in full. Payor may prepay the outstanding principal balance due hereunder, in whole or in part, at any time prior to maturity without penalty. This note is subject to Section 2966 of the Civil Code which provides that the holder of this note shall give written notice to the trustor, or his successor in interest, of prescribed information at least 60 and not more than 150 days before any balloon payment is due. AT ANY TIME, THE PRIVILEGE IS RE SERVED TO PAY MORE THAN THE SUM DUE. Each payment shall be credited first, oil the interest then due; and the remain- der on the principal sum; and interest shall thereupon cease upon the amount so credited on the said principal sum. Should default be made in the payment of any of said installments when due, then the whole sum of principal and interest shall become immediately due and payable at the option of the holder of this note. Should suit be commenced to collect this note or any portion thereof, such sum as the Court may deem reasonable shall be added hereto as attorney's fees. Principal and interest payable in lawful money of the United States of America. This note is secured by a certain DEED OF TRUST to the FIRST AMERICAN TITLE INSURAUCE COMPANY, a California corporation, as TRUSTEE. r us t "'L. L 2079 (4/72) EXAP, I R, IT.. "A. VERIFICATION STATE OF CALIFORNIA, COUNTY OF I have read the foregoing and know its contents. N CHECK APPLICABLE PARAGRAPH I am a party to this action. The matters stated in it are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matiers I believe them to be true. I am 0 an Officer 11 a partner . 11 a 0 a party to this action, and am authorized to make this verification for and on its behalf, and I make this verification for that reason. I have read the foregoing document and know its contents. The matters stated in it are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. 1 am one of the attorneys for a party to this action. Such party is absent from the county of aforesaid where such attorneys have theiroffices, and I make this verification for and on behalf of that party for that reason. I have read the foregoing document and know its contents. I am informed and believe and on that ground allege that the matters stated in it are true. Executed o —, 19— at alifornia.: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature ACKNOWLEDGMENT OF RECEIPT OF DOCUMENT (other than summons and complaint) Received copy of document described on 9_ Signature PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the county o State of California. I am over the age of 18 and not a party to the within action; my business address is - 41()n Mnr-Art-hlir Boulpyard., Newport Beach., California 92660 On .-Tii I 3Z 1 1 1034, 1 served the foregoing document described a, NOTICE OF PENDING ACTION (C -CP 4 n C) ) -on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at: Newport Reach, Calif,rirni;zi - certified mail, return re -c �1 requested addressed as follows: See attached mailing list. (BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Newport Beach — California, (BY PERSONAL SERVICE) I -caused such envelope to be delivered by hand to the offices of the addressee. Executed on Julv 11 1 9_� 4 at Newport Beach _, California. [3X(State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (Federal) I declare that I am employed in the office of a member of the bar of this c urt at whose direction the service was made. I/ r(Z -4 STUART'S EXBROOK TIMESAVER (REVISED 7/81) / Signattire (May be umd in Caldornia SIM@ of Fec*al C�r%) TERESA LANGFO MAILING LIST Jeanette B. Hennings Revocable Trust U/D/T Dated June 22, 1983 Jeanette B. Hennings, Trustee 2555 Vista Drive Newport Beach, CA 92663 Home Savings of America 2923 Bradley Street Pasadena, CA 91107 Loan No. 260444 Harry P. Roe 611 Lido Park Drive, #2E Newport Beach, CA 92663 Serrano Reconveyance Co. 3731 Wilshire Blvd. Los Angeles, CA 90010 Attn: James E. Cornwall First American Title Insurance Co. 114 East Fifth Street Santa Ana, CA 92701 Attn: Oscar H. Beasly LAW OFFICES WYMAN, BAUTZER. ROTHMAN, KUCHEL & SILBERT LOS ANGELES A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS TWO CENTURY PLAZA. FOURTEENTH FLOOR 4100 MACARTHUR BOULEVARD 2049 CENTURY PARK EAST NEWPORT BEACH, CALIFORNIA 92660 LOS ANGELES, CALIFORNIA 90067 (213) 556-8000 (213) 879-8000 (714) 760-9300 CAEILE ADDRESS: WYBAROK CREIGHTON D. MILLS July 10, 1984 Mr. Harry Roe 611 Lido Park Drive, No. 2E Newport Beach, California 92663 Re: 831 Via Lido Soud Newport Beach, California Dear Mr. Roe: WA�HINr,TnN n ('_ 600 NEW HAMPSHIRE AVENUE, N.W., SUITE 580 WASHINGTON, D.C. 20037 (202) 466-2222 Please let this letter confirm our meeting of July 5, 1984 regarding the captioned.property. It is our under- standing from this meeting that you intend to resolve the problem concerning the dock and float, as set forth in Mr. Thomas Malcolm's letter to you dated June 28, 1984, by having Mr. Ed Warmington obtain a new variance from the City of Newport Beach for the dock, which variance will be to the Hennings' satisfaction and shall provide, without limitation, that the dock may remain in its present size and configuration. This variance shall be valid both for the Hennings and any subsequent purchasers of the property. The Hennings are hopeful that your and Mr. Warmington's efforts to obtain such a variance will be successful. They are ready to assist you and Mr. Warmington in any reasonable manner. In this regard, enclosed pursuant to your request is a letter from Mrs. Hennings to you indicating their desire to have the dock and float remain as is. The Hennings are also willing to attend any hearings or meetings with Newport Beach officials concerning the harbor permit, insofar as their schedules permit. In fact, they would appreciate being notified of all such hearings or meetings as far in advance as possible. They expect to be kept advised of your and Mr. Warmington's progress on a regular basis. Mr. Harry Roe Page Two After meeting with you, the Hennings are confident that you will be able to resolve this matter to their satisfaction. However, please be advised that they are -not waiving any of their rights in this matter. If any developments occur in this matter and you are unable to contact the Hennings, please contact me directly. Thank you for your attention in this regard. Very t 1 y yourst .4 6 'h D. Mills for WYMAN, BAUTZER, ROTHMAN, KUCHEL & SILBERT CDM/pkm enc. cc: Mr. & Mrs. Hennings Thomas R. Malcolm, Esq. J.3 OXAY L'./nr A -e eq / -) -� - F,-3 / CITY OF NEWPORT BEACH I- A I T]QnDMT A City Hall 3300 W. Newport Blvd. �Area Code 714 640-2156 february 3j 1977 J1 a r ry Aawe 831 Via Lido Soud Newport Beacho CA 92663 Dear Sir: Pier Permit # 172-831 for the pier and slip facility located at 831 Vi a Li do Soud is registered to Howard Eichen. The annual pier administration billing was returned to our office. Upon checking with the City's Finance Department, the above property is listed to you. If you have purchased the property, we will need a harbor permit transfer application and corresponding $150,00 fee as required'by City ordinance 17.24.030. At your earliest convenience, please advise this office if you have acquired this property so that the necessary transfer can be accomplished. Sincerely, I f4.e 31 e &n Tidelands Administrator Marine Department GEW-.11 -t/-// /7 7 WARMINGTON DEVELOPMENT9 INC. 1641 I-ANGLEY AVENUE, IRVINE, C -Al IvORNIA 927`14 Telephoii. 014) 657 M ay 23, 1977 City of Newport Beach Community Development Dept. 3300 Newport Blvd. Newport Beach, CA 92663 TO WHOM IT MAY CONCERN: We are the owners of Lot 308 and Lot 309 in Tract No. 907, and are requesting relocation of our docks eliminating the required 5' setback to the property line. If either properties are sold, we agree to move our docks back to the 5' setback, as required. However, if the new owner requests that the docks remain, omitting the setback, they shall remain as we are requesting. Sincerely, Harry Roe 831 Via Lido Soud. Lot 309 E. G. Tiarmingtof�,3 827 Via Lido Soud Lot 308 WARMINGTON DEVELOPMENT, INC. NGLEY- AVENUE, IRVINE, CALIFORNIA 02714 Telephone (714) 657-6511 May 5, 1977 To -Whom It May Concern: We are the owners of 827 and 831 Via Lido Soud, Lot 308 and 309, Tract 907. We wish to move the dock on Lot 308, Tract 907, from 5'0" to 8'0" from the westerly property line and on Lot 309, Tract 907, to move the dock five feet shoreward and to increase slip width 5'8" to 17'411 by moving dock to westerly property line and maintaining the 5'0" set back to the easterly property line. This action eliminates the unusable 10'0" between docks and provides side tie for Lot 308 boats on Lot 309 dock. We agree that if for any reason either property owner wishes to return one or both of the docks to their ex- isting location, we will comply. E. G. Warmington, r Lot 308, Tract 907111 8Z-7 VeA- L(po 50or.-) See exhibit "A" H.P. Roe, Owner - Lot 309, Tract.907 8:3;1 t/jX_ .70�c�p MARINE DEPARTMENT May 23, 1977 ITEM NO.: H-15 TO: CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION NO 172-827/831 BY E. G. WARMINGTON AND HARRY ROE REQUESTING A VARIANCE FOR THE REVISION AND RELOCATION OF EXISTING FLOATS RECOMMENDATION If desired, approve the application subject to: 1. The approval of the U.S. Army Corps of Engineers. 2.. Should either property owners request the return of their float to the original location, both floats shall be relocated to comply with City Harbor Permit Policies. 3. Should either property owner sell -his property, both floats shall be made to comply with City Harbor Permit Policies by the owners. DISCUSSION This application is being brought to Counci 1 for review and action in conformance with Section 5 B of the Harbor Permit Policies which reads as follows: I "Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the standard. harbor drawings and the adopted Harbor Permit Policies." The proposed location of the float bayward of 831 Via Lido Soud will not conform to Section ZOA of the Policies which reads as follows: "All piers and floats for residential properties shall be set back a minimum of five (5) feet from the projection of the property line." The applicants desire the revision to provide more adequate mooring for their boats. Attached is a letter from the applicants agreeing to Condi- tion Number 2. Should Council approve the permit, the Marine Department will require the applicants to provide an addendum to their letter indica- ting their agreement to Condition Number 3 prior to issuance of the -permit. PAGE TWO WARMINGTON, POE HARBOP PERMTT May 23, 1977-" The Lido Isle Community Association has been contacted for their comments on the application and have no objection to the approval of the permit. D. HARSHBARGER MARINE DEPARTMENT e5�Gl en E. W Tidelands Administrator GEW:nn q'i Ze r zj* Do' MQ viol ml vNe E Tc.).., . ......................... 1-0 2" 3o I A/ aXU' V47tcf411'17bOQ( 1;7 7-4,10 411A Z/00 _5_(Oa� 507 '30.6 JV YJ move ev. Ooe-k- e,;F CK. 1w_ A C1. y I lb 1:, d"y J-4— _ul /2Z A Al C-0 ;-e Aj _. 7 70.1� _;, 1//,A Z-1 0 o Lj._ Ij 0 -#P — 'C' u P J Y r, .......... .... CJYY OF NEWPORY BEACH -f ,%C '. 11 ' 7N LL) 0, 7 F -T pr 'S" U'r;T ANU RrAjc�613�4 IS 14EPERY r-: MAINfAlt4 TLiz AT THE SI'M Ul-(.Vif;A��:��. —ov-SION3 OF THE V, ARBOR "T UE'^ -CM A%! ANY SPEML IS NOT TWk;VXCRAi±LE T 3 NCIL. TH- THE CLTY "-AFZ2-0;; 0-1 RIGH-�'s 0.,JLTN uNE3;:-:1 AND 7, MIZ PEP,%+1 -- MAY C IN ACCORDAMCF- WITH -eITLE 17 or -.NF MUN-1--;?AL CIDDE. /�') 451 PERMIT NO. ITY HARBOR COORDINATOR DATE @MC-4,AL Corp -a of Other: Se 1. The approval of the U. S. Amy Corps of Engineers. 2. Should either property owners request the return of their float to the original location, both floats shall be relocated to comply with City Harbor Permit Policies. 3. Should either property owner sell his property, both floats shall be made to comply with City Harbor Permit Policies by the owners. hnA 01- LOS ANGELES TWO CENTURY PLAZA. FOURTEENTH FLOOR 2049 CENTURY PARK EAST LOS ANGELES. CALIFORNIA 90067 (213) 556-8000 (213) 879-8000 THOMAs R. MALCOLM, P. C. PARTNER CERTIFIED MAIL LAW OFF710ES WYMAN, BALITZER. ROTHMAN, KUCHEL & SILBERT A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 4100 MACARTHUR BOULEVARD NEWPORT BEACH, CALIFORNIA 92660 (714) 760-9300 CABLE ADDRESS: WYBAROK June 28, 1984 Mr. Harry P. Roe 611 Lido Park Drive, No. 2E Newport Beach, California 92663 Re: 831 Via Lido Soud Newport Beach, California Dear Mr. Roe: WASHINGTON, D.C. 600 NEW HAMPSHIRE AVENUE, N.W., SUITE 580 WASHINGTON, D.C. 20037 (202) 466-2222 We represent Mr. Edward and Mrs. Jeanette Hennings in connection with their purchase of the above -captioned property ("Property"). The Hennings have informed us that they have been notified by the City of Newport Beach that there is a problem with the boat slip or float for the Property ("Slip"). Newport Beach has informed the Hennings that the Slip is not in conformance with Section 20A of the Harbor Permit Policies which requires that all "floats for residential properties be set back a minimum of five feet from the projection of the property line." We have received a copy of Harbor Permit No. 172-831 which you submitted in 1977 (along with Mr. Warmington, an adjacent property owner) to Newport Beach for its approval ("Permit"). This Permit shows that in its present configuration, the Slip is not set back at all from the adjacent property located at 827 Via Lido Soud. In connection with your application for the Permit, you sought a variance from the standard Harbor Permit Policies to eliminate the setback requirement. The Permit reflects that the City Council of Newport Beach approved your request for a variance on May 23, 1977. However, this approval was subject to three conditions. of importance here is the third condition which provides: "Should either property owner sell his property, both floats shall be made to comply with City Harbor Permit Policies by the owner." The Hennings indicated that neither you nor your agents disclosed the existence of this condition prior to the close of escrow for the sale of the Property. Compliance with Harbor Permit Policies will require substantial modifications to the Slip, resulting in Mr. Harry P. Roe June 28, 1984 Page Two either a significant decrease in the width or even a fundamental change in the configuration of the Slip. As you are aware, the existence of the Slip in its present configuration was a material consideration for the Hennings in their purchase of the Property. As the availability and condition of slips is generally of substantial concern to purchasers of waterfront properties, your failure to disclose the condition to the Permit was a breach of your duty to reveal to the Hennings matters relating to the Property. The Hennings have indicated that the current situation is not acceptable. They expect you to implement immediate action to allow them to maintain the Slip as is. Failing this, the Hennings expect you to resolve this situation in a manner satisfactory to them. We are advised that you have so far been unwilling to cooperate with the Hennings. Accordingly, please accept this letter as a formal demand that you immediately contact this office to schedule and attend a meeting with the Hennings concerning this matter. Your failure to respond to this letter by July 6, 1984 to arrange for an immediate meeting will result in the Hennings pursuing all of their available remedies. This letter is written without waiver of any of our clients' rights, either at law or in equity, all of which are hereby expressly reserved. --V6rytruly�yours, ---------- T "oas R. Malcolm of WYMAN, BAUTZER, ROTHDIAN, KUCHEL & SILBERT TRM:bsi cc: Mr. and Mrs. Hennings z 0o 0 o o N N Lr) 00 Lr) m 0 fT) o� w U Fmw rc Wwrc N OWOO z U cu aN$ 3 w M z o xq U) O UI w a F U W .-1 i4 N 0 FeF 0 o � a m Za z 9 U Wdg W Z H ir F �Z o LL b U) m 0 r. , =ww = L7 x •ri r4fou U t a W N G N 'd o=W w a o x00 a u .0 cd aa- PCI 00 \ .Lr) z a � _ Z +-) +., W Cr) S4 N 'd 00 p rl N z o x h r4 U 0 N 4-J 44 P N O U] N X 1 0 a (1) �4 o H W M W W V N W J a w w +- z a w D 0 �t N U) LU 00 N 00 z ul SPECIA L I CONDITION5i,,THIS PERMIT IS REVOCA, OF THE MumciPAL COpE.- CITY OF SIGNATURE OFISELLER SIGNATURE OF BUYER FIT BE,gkdH, CALIK WX FORM 84-1013 REV. P D �,,r ESCR, INSPECTION API I 'C SPECIA L I CONDITION5i,,THIS PERMIT IS REVOCA, OF THE MumciPAL COpE.- CITY OF SIGNATURE OFISELLER SIGNATURE OF BUYER FIT BE,gkdH, CALIK WX FORM 84-1013 REV. WARMINGTON DEVELOPMENT, INC. 1641 LANGLEY AVENUE, IRVINE, CALIFORNIA 92714 Telephone (714) 657-6611 May 5, 1977 To Whom It May Concern: We are:the owners of 827 and 831 Via Lido Soud, Lot 308 and 309, Tract 907. We wish to move the dock on Lot 308, Tract 907, from 5'0" to 8'0" from the westerly property line and on Lot 309, Tract 907, to move the dock five feet shoreward and to increase slip width 518" to 1714" by moving dock to westerly property line and maintaining the 5'0" set back to the easterly property line. This action eliminates the unusable 10'0" between docks and provides side tie for Lot 308 boats on Lot 309 dock. We agree that if for any reason either property owner wishes to return one or both of the docks to their ex- isting location, wewill comply. E. G. Warmington, r H.P. Roe, Owner Lot 308, Tract 907111 Lot 309, Tract 907 Z_ 7 V,(Al- L i P o 5-0 uo 83;1 tIlk i -(DZ 50'4�D See exhibit "A" Qz �11A Z/00 ,; 04 ;LO, 7c �* -4p, i�j AW ZO VOCINO-ry SKu-rcH NMVV9'�0,11-y al'A'f, CALir-CIFINIA qA s z 7 -5;��640 7- -9 7 307 -308 3 0 a v e CW. Ooe—k— /no VdF C -X. PaLv— /2Z A/,./ 2,51 �)O 40 50 ELH :ME= I ,�QAP141C 5-eAl-E i A/ F5a T To a 0c,, 7 7o �--, 2 kAO-aY ol V/ 3 :1, C� 9 C. 9 7 71 0/2 3o nctujff� :;i � -", 4XAP,914 A/ �11A Z/00 ,; 04 ;LO, 7c �* -4p, i�j AW ZO VOCINO-ry SKu-rcH NMVV9'�0,11-y al'A'f, CALir-CIFINIA qA s z 7 -5;��640 7- -9 7 307 -308 3 0 a v e CW. Ooe—k— /no VdF C -X. PaLv— /2Z A/,./ 2,51 �)O 40 50 ELH :ME= I ,�QAP141C 5-eAl-E i A/ F5a T To a 0c,, 7 7o �--, 2 kAO-aY ol V/ 3 :1, C� 9 C. 9 7 R lk U k, UCr ON CONS CITY OF NEWPORT BEACH DATE ------ H A R B 0 R P E §FNINT I T SEE ATTAC ED SHEET PERMISSION 19 -HEREERY GRANTED TO CO-NSTRUCT AW , 6.. � —"., — -15z� MAINTAIN THF, FACftATY SVOWA —�n) AT THF SITJ,: THE HARD02 PERvH't, A -24F, ANY SPE-CFA.j. IS NOT TIRM w—M MWHT�,5 AND T�-AF, V —N& IN' Wlyl-9 -VITLE' 17 16W Ufff-fi-iQliff VjF,. -- b 7ff ff Fk2 0. RMIT MO. DATE SPECIAL CONDITMI'Man. Corps ol lEngl, naers pai-h-ulf // -,:2 - Grange County Permit Qctober 24, 1973 Mr. Howard R. Eichen �305 N. Harbor Fullerton, Calif. Dear Mr. Eichen: 431 CITY OF NEWPORT BEACH CALIFORNIA MARINE SAFETY DEPARTMENT City Hall 70 Newport Pier 3300 W. Newport Blvd. Area Code 714 673-2110 The City of Newport Beach has received an application to transfer pier permit # 172-7-831 for the property located at 831 Via Lido Soud, Newport Beach. The structure was inspected on 10-23-73 at which time it was determined that the following deficiencies exist: 1. The water system needs an anti -siphon device between the bulkhead and the nearest water outlet. 2. 3. 4. 3 -_7 5. In accordance with Section 10-D of the City Harbor Permit Policies "All structural deficiencies must be corrected...." A permit for this work must be obtained from the Community Development Department. Would you please advise this department when this requirement has been met. If you have any questions, please contact me at 673-2110t Ext. 291. Thank you for your cooperation. SincArely" D. Harshbarger, Captain Marine Safety Department DH:GW:lf STATUS SHEET HARBOR PERMITS TRANSFER Location (5,31 Vle- /ze� :5�41W Permit # Date Application Received Z6-11-73 Fee Re. c" d ,-GT-a=r Request for Inspection Escrow Co. Date b-�-7`73 Date Inspection Made /o -r. Date Deficiency Letter Sent (if applicable) Date Deficiency Corrected (if applicable) - Date Orange County Notified (if applicable) -7-4-Date Transfer Completed ? A Al ESCROW RECEIPT 6, A N K 0 FAMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION Newport Beach Branch To: City of Newport Beach Date: October 10, 19;73 3300 Newport Boulevard 202-3434 Newport Beach, California Escrow No. 831 Via Lido Soud Newport Beach M,.Attention; Marine Safety Division We enclose: Escrow Statement (X Cashier's Check # 63302 payable to your order for -59M Policy of Title Insurance No. for —,dated 119— issued by: No te for dated 19—, executed by, in favor of interest adjusted to. 19— Insurance policies as follows: Amount Company Number Expiration date Other Items: Pier permit transfer form from Xoran.t,o Eichen Please forward transfer fo rm, to Mr. Howard R. Eichen The County Recorder's Office will mail you: 305 N. Harbor Blvd., Fullerton, California Deed Deed of Trust Very truly yoqrs�,,, Es&ow Department scrox ,�?Janice E. Haines -E -7 Officer Receipt of the above enclosures is hereby acknowledged. Please return the signed copy of this form to the Escrow Department of this branch and retain the other copy. TRU-240 11.72