HomeMy WebLinkAboutM2007-0060",IF0 It
June 15, 2012
Mariners Escrow
Fax 949.721.8157
CITY OF NEWPORT BEACH
829 Harbor Island Drive, Newport Beach, CA 92659
949-644-3044/Fax 949-723-0589
Re: Pier Permit #105-2495
2495 Ocean Blvd.
Escrow # 42856 -BF
Dear Mariners Escrow,
F4Q.-RD
The Harbor Resources division has received the completed, signed application
and fee for the pier permit transfer. The pier inspection performed by our office
has determined that it meets City standards. The billing of the pier permit fee will
transfer when the buyer transfers the Municipal Services (water) in to their name.
Thank you for your help.
For further assistance in this matter, please contact this office at 949.644.3044.
Sincerely,
1-1�a A&V
Lisa Walters
Harbor Resources
HARBOR PERMIT
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
Date of Application: May 10, 2012 Permit Number. /05-7-qq 6
Property Address: 2495 Ocean Boulevard, Newport Beach [ Corona Del Mar Am 1, CA 92625
Buyer's Names: Brian L. Shmhy and Ross Yusteln, Trustees of the Carnation Cove Trust
Billing Address:
Telephone No.: 4 A I
V/** Buyers Signatures: M�
V
V
Seller's Names: The 4ohn R. McIntosh Revocable Trust, dated March 23,1988
Seller's Signatures:
Joint Owner Signature:
** Escrow Company: Mariners Escrow Gorporadon
Address 1100 NewportCentar Drive, Suite 200, Newport Beach, CA. 92660
Escrow Number: 42856 -BF ** Fax Number., 949-721�8167
Escrow Officer: Brian Foxcroft Phone Number: 949-640-6040
Closing Date (Estimated): June12,2012
"STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS.
. . . . . . . . . . . . . . . . . . . .
— — — — — — — — — — — — — — — — — — — —
InspectionDate: Renspection Date: F)L6ilp-
Fee Paid: Check No.:
Application Completed: f
Harbor Resouttes 314naturelVate
Special Conditions: This permit is revocable by the City Council
In accordance with Title 17 of Newport Beach Municipal Code
May 31, 2012
Mariners Escrow
Fax# 949.721.8157
CITY OF NEWPORT BEACH
829 Harbor Island Drive, Newport Beach, CA 92659
949-644-3044/Fax 949-723-0589
Re: Pier Permit# 104-2495
2495 Ocean Blvd.
Escrow #42856 -BF
Dear Mariners Escrow,
The City of Newport Beach has inspected the above pier and found it to meet
City standards. Once we receive the application signed by the buyer the
pier will be transferred.
Thanks for your help and if you require further assistance in this matter please
call 949.644.3044.
Sincerely,
Zl�a Wal&^e
Lisa Walters
Harbor Resources Division
W 111-14y�'
CITY OF NEWPORT BEACH
Harbor Resources Division
T-� >C�!� "VOW 829 Harbor Island Drive, Newport Beach, CA 92659
949-644-3044/Fax 949-723-0589
IIFOE04
May 10, 2012
Mariners Escrow
Fax #949.721.8157
Re: Escrow# 42856 -BF
2495 Ocean Blvd.
We were unable to locate the backflow device during our field visit for the
property transfer. Please call me and let me know of its location.
If there is not a testable backflow prevention device, one will need to be installed
prior to pier transfer.
Thank you,
.�L.6a Waltet.6
Lisa Walters
Harbor Resources
Harbor Resources Department
Date: 151 1 1,z_
Inspection Requested By: U -�:, C,
inspector.
Pier Address: 2495 Q(Can'e+6'14,
Pier Transfer
Reinspection
GFI Present Yes Need None Needed Yes Need
Anti -Siphon Backflow Present
Other Comments
Eelgrass
Date Time Eelgrass Within 15' of Project
Eelgrass Within 15' - 30' of Project
F1 No Eelgrass in Project Area
P�ump Out
Pier Location
Yes No
Operational
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
Worksheet for Building Combo Permit Application
City of Newport Beach - Building Department
Please print 3 copies KBuilding Grading tRBOR RESOURCES
F -,,.Drainage r-, Elec r- Me
1. Project Address (Not mailing address) %dl 'A VF FJoor Suite No
Tenant Name(if Applicable) X/ # Units (if Residential)
...... ..... ... .......... .. ......
2. Description of Work Use
................................................ Valuation
ExIst House SF Demo House SF Add/Reconstruct House SF
F
.............. E7,
Demo Garag Ad # Stories
Exist Gar SF .............. eSIF E71 d/Reconstruct Garage SF
TOTAL HOUSE SF
Cu Yd CutF
0, New A d d F- Alter
r-lDemo
Nd�
(7�\_07�j i A , TOTALGAR'AGESF Cu Yd Ffl,
[-, 3. Owner's Name Last FirstF777k��
Owners Address Owner's E-mail Address
7
...... .. Telepho, n , a ... .... . .... ..........
city t State Zip
LIC.. No.
4. Architect/Designer's Name Last
First
r ............. ........................... .................... ...... ..................... . .........
Architect/Designer's. Address Architect/Designe.5�,�r-Address
.. . . .... . ..... . .....
Zip Telephone
City State
F."..__7 . ... . ... . ............. . ... ........ . . ........... .......... .... :
Engineer's Name Last
First
Lic. No.
........... - ........... .................. ........... ...... .... ... F77:77
Engineer's Address Engineer's E-mail Address
............ ... ................. . ........... .............
............ ....... . ................................................. .... ........ ......
city State Zip
Telephone
I .............. ............ -1- . . .............................................. . ...... ... .......... ... E77
rl 6. Contractor's Name Last First Lic. No. lassl/-f
F7777 [�� ..................... ..
Contractoft Address Contractor's E-mail Address
... ........
...........
city State zip Telephone
OFFICEUSEONLY ENERGYP/CFEE$ PERMIT NO.
GRADING PIC FEE $ PLAN CHECK NO.
Rev 7178107 ELEC/MECH/PLUM P/C PLAN CHECK FEE $
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May 10, 1976
TO. -
FROM:
MARINE DEPARTMENT
MAYOR AND.CITYCOUNCIL
Marine Department
ITEM NO.: H�14,
SUBJECT!:. HARBOR:PERMIT: I APPLICATION #105-2501 13Y CARL Q I UAND . T I TO
REPLACE AN EXISTING PIER AND FLOAT AT 2501 OCEAN BOULEVARD
Recommendation
�.If desire�di, approve the application subject to the following. conditions:
The approval of theU. S. Army Corps of Engineers.
That revisions or additions to the,new ramp and float be
prohibited until such time as.the rough plumbing is installed
for any upland structure.
3. That no additional material be placed in the water to form a
base for the ramp.
4. �Th.at shouldfuture uplanddevelopment require a harbor perm I it
the pier and float under consideration be reviewed for"
compatibility with the proposed development.*
.Discussion
This application is being brought to the*Council f . or -the following
reasons:
The City.Harbor Permit Polici es., Section 23-T states:
"U. S. Bulkhead Station 104�106. Piers shall be subject to
special permits approved by City Council".
2. Designated Harbor Lines are bayward of the proposed float.
3. The proposed float does not.conform to the Standard Drawings.
4. The upland1property is presently vacant. Section 19. of the
Harbor Permit Policies states:
"A permit.for a pier, dock or float shall hot be issued unt 11
the rough plumbing for the dwelling unit .... has been installed
and approved by the.City Building Inspector".
The Joint Harbor Committee reviewed the application at their March 24
1976meeting and recommended.that City Council approve the permit.subject.
to those conditions listed by staff.
PAGE TWO
APPLICANT: CARL QUANDT
The Upland property is vacant as a result of a Resubdivision (#274) of
.the original property. Parcel 1 of that Resubdivision includes the
residence to which the Harbor Permit was originally registered. The
applicant subsequently sold Parcel 1 and retained Parcel 2 with the pier
and float attached.
The applicant proppses to replace the existing unsafe sub -standar . d.facility
..with.a single slip float at this time. The additional 52' x 6' 'floating
walk is proposed to.provide.for future addition at such time as
'is d the Upland
eveloped:for multi -family use. condition #2 is recommended to allow
a facility.to remain at this location in the interim and to.insure con-
formance with the Harbor Permit Policies with regards to future additions
While this proposed float will not conform to the Standard Drawings in
configuration it will. conform structurally.
Condition #3 is recommended to prohibit any filling of the waters,of the
Bay.
Preliminary discussions with the applicant regarding future I development
of the uplands have revealed the possibility of piling being i
used to
support buildings because of the topography of the'site� Staff has
notified the applicant that this concept will require additional approval
by City Council. At that time, the overall project including Upland
development and piers and floats would be evaluated for potential impact
on the marine environment, hence Condition #4 recommended by staff.
D. HARSHBARGER, DIRECTOR
MARINE. DRARTMENT
G71 lden
Tidelands operations Coordinator
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CITY OF NEVTK�`OP1 SE -'ACM
HARBOR, PERMIT
PERMISSION It HEREBY C.RpPJT�p T03 CONSTRUCT AMC)
MMINITAM THE FACMITY SHOMM ON THE M`V�RRSE HEREOF,
AT THE SITI: W'=ZC-; TO Oa
THE HARBOR PER','A�7 PCU-�,"'ES O� ENIVACH AN5
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rNIM PERMIZ
IS N OT
THE CITY HARROD
C�;VEWIJ UNIVI'M I I,�is 'T ARE Rja as, I'VE: op"IL
AND THIS PERMIT 06AY RFvGp;,
couNct,
IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL GODE.
E 7ofy—IFAii—Soff —CU -6W61 fi;�Ydfi
FE—RMIT NO.
C"'NSTRUCTY
_tON PEJI�/jjrj,
DATE .... 7 G
SEE ATTACHED SHEET
AUTHor%ZW By CITY COUNCIL
ow !�- - r,6 - 7 cz
SPECNAL C0?409TIotdb:
COVPS Of Engineers Permit �2 6-7
orange p-ounty Permit
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MARINE DEPARTMENT
may 10f 1976. ITEM NO H�14
to- MAYOR AND.CITY COUNCIL
FROM:. Ma rine Department.
SUBJECT: HARBOR:P.ERMIT,.APPLICATION #105-2501 BY CARL QUAN
DT TO
REPLACE AN EXISTING PIER AND FLOAT AT 2501 OCEAN BOULEVARD
Recommendation
If desiredi' approve the application subject to the . following.c
onditions:
The approval of theU. S. Army Corps of Engineers.
That revisions or additions to the,new ramp�and float be
prohibited until such time as the rough plumbing is installed
for any upland structure.
3. That no additional material be placed in the water to form a
base for the ramp.
4. �That shouldfuture upland development require a harbor permit
the pier and float under consideration be reviewed for
compatibility with the proposed development.
Discussion
This application is being brought to the Council for -the following
reasons:
The City Harbor Permit Policies, se ction 23-T states:
"U. S. Bulkhead Station 104-106* Piers shall be subject to.
special permits.approved by Cit� Council".
2. Designated Harbor Lines are bayward of the proposed float.
3. The proposed float does not.conform to the Standard Drawings.,
4. The upland property is presently vacant. Section 19. of the
Harbor Permit Policies states:
A permit for a pier, dock or float shall hot be.issuod until
,the rough plumbing for the dwelling unit .... has been'installed,
and approved by the City Building inspector".
The Joint Harbor Committee reviewed the application at th I eir March 24
1976.meeting and recommended.that City Council approve the permitsubject
to those conditions listed by.staff.
PAGE TWO
APPLICANT: CARL QUANDT
The upland property is vacant as a result of a Resubdivision #274) of
the original property. Parcel 1 of that Resubdivision includes the
residence to which the Harbor Permit was originally registered. The
applicant subsequently sold Parcel 1 and retained Parcel 2 with,the pier
and float attached.
The applicant proposes to replace the existing unsafe sub-standard.facility
with a single slip float at this time. The additional 521 x 61 floating
.walk is proposed to. providefor future addition at such time asthe upland
is developed for multi -family use. Condition #2 is recommended to Allow
a facility to remain At this location in the interim and to insure con-
formance with the Harbor Permit Policies with regards to future additions.
While this proposed float will not conform to the Standard Drawings in.
configuration it will conform structurally.
Condition #3 is recommended to prohibit any filli*
Bayj ng of the waters.o,f the
Preliminary discussions with the applicant regarding future development
,of the uplands have revealed the possibility of piling being used'to:
support buildings.because of the topography of the site. Staff has
,notified the applicant that this concept will require additional . approval I
by City Council. At that time, the overall project including,upland
development and piers and floats would be evaluated for potential impact
on the marine environment, hence Condition #4 recommended by staff.
D. HARSHBARGER, DIRECTOR
MARiNEIDUARTMENT
1(�den
Tidelands operations Coordinator
GEW:ll
C1 r K or NdWP0*7r .5,CA4C
/trIFY,
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SPLCO—N
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES, CALIFORNIA 90053
Mr. Carl H. Quandt
21990 Highway 79
San Jacinto, California 92383
Dear Mr. Quandt:
26 July 1976
Reference is made to your request of 10 June 1976 (76-123). Upon
the recommendation of'the Chief of Engineers and under the provisions
of Section 10 of the River and Harbor Act of March 3, 1899 (33 U.S.C.
403), you are hereby authorized by the Secretary of the Army to
remove an existing pier, ramp, float and piling; and construct a
new ramp, float and piling at 2501 Ocean Avenue, Lots C and D, Block
D, Tract Corona Del Mar, in Newport Bay, Pacific Ocean, Section
1, Township 7 South, Range 10 West, City of Newport Beach, Orange
County, California, as shown on the attached drawing and subject
to the attached conditions (a) through (v).
Notice of the commencement of the activity must reach this office
at least 5 days before the activity actually starts. Please use
the inclosed forms.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
12
1 Incl
Work Status Forms (dupe)
Irlor HUGH G. ROBINSON
COL, CE
District Engineer
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CITY OF
HARBOR pimnaiMfl
PERMISSION 1. "F.Rcv'v TO .4
MAINTAIN THE FACMITY mpr"�,�q 00�'STRUCT ANP
Hzin.
AT THE ss'm �,iltni-CAT'ro, OF,
THE HARIDWT MNS of
ANY SPECJAi� c -F,
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LE 2.�r ojF
. ft.., up -RC rpill. CODE,
-�-b 1 6 —"ry—h' kh-a a —gic
4�cil ii N 0. --u'�-y-
CONSTRUCTION PERMIT
DATE ---- 0
(�TE ATTACHED SHEET
AuruwmzeD By C11 -y COUNCIL
on (13 — 7 G
SPECIAL C0M0lTtGN&-
can-p-, of Englnnors pormit 6 -),G -7G
coku�t.y PeMlit
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COASTAL ZONF. CONSEFIVA.TION! COMMISSION
co
�,OUJ"F[ COASI PEGIONAL COWAISSION
t,'6 E. (X:UJ,I P�DUUVARO, SUITE 3107
P10. i%ox 14110
V
IONG EP,CH, CALIKONIA 90,,'01 C,
(213) (714) 046XJ643
590-5071 1
7P, )I-
ADMIINISTRATIVE PEM,11T
Application 1,Tu - mb e r A-5-28116-8000
1�
Rape of Applicants, Carl H. Quandt
2191)0 Hwy._�.Z2_, 3an Jadinto, CA 92383
Development Location z
CorcnaLP,�j
Development Description- _Reconstruct existing -2�.2L,.and float with newramp
4nd fj. t slip for a singleLfami -ling.
1, In accordance with Section 27422, Public Resources Code, the ExIscytQ,--�
Director on behalf of the South Coast Region -a. -J. Goi�nissj.on finds Lhat
said development will not have a substantial adverse or
ecological effect and is consistent with code, Sections 27003-1. and 27302.
2. Wherefore, agmipistrativa permit Q"5-28-760obo
id approjed.
& That this permit shall not bqcome effpctivo until the attached
verification of permit has been returned to the South Coast
Regional Mmission noon which copy all peraittees have acknowl-
edged that jhey have received a copy of MY pernij-t and.
its contents, Said acknowledgment should be rcturncd ,�ithin tell
warkin,,.�. days fo-11.1,oi-J.ng issI�nnce of �th--Ls P"n:'Ynit�
Executed at.Long Beach, California
Da t 6
M
250
Exccutivo Director
ss
STATUS SHEET
HARBOR PERMIT TRANSFER
Oil^
LOCATION PERMIT NO.
Sel I er —�Buyer
Date Application Received: Date Fee Received:
Request for Inspection made by:
Escrow Co. Date
Escrow Officer Escrow No
Address Phone:
Date Inspection made:
Deficiency Letter sent:
Transfer completed: Date
Inspection:
1. Locatio
Deficiency corrected:
2. P 1.umbi ng:
3. Electri
4. Structural:
5.OTHER:------
R E MA R KS : 63'at V, rk Uj ok
Inspected by:
I
il
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VICIMITY SKETCH
tj,Wpogr aAY, CALIPO�NIA
are exorc esed am
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VICI IV I TY SkETCH
NgWPV� DAY, CAL 4#04WA
S'Oz,nd,"95 are ex,�Cffseof e� yroe� ony C/0�0/&
oe�,'As below Weo� Lowd,� Low Waytee.
ronpe O�r hcy" roxl"WieyX /OY16-0-A Al*lh*e /1;7e5
are esioble'shei,0110;, 7�h;s . secla"
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emr-,C4D '04 e 4;) 7ocA cr
A OD ess. 6 cOA Ai AV C. C-PAIMAC role. 5;�m KIV, 5.5 C'An,�ISJ364
c1>*4,u.A P,�O-
14,
Cff WPOPT BEA&i
PERM 5"r
HARM",,�
PCRWJS�HON 4S HEQEl3-,f ANV
WWNYMN TIM FAMt.tTY
AT THE S172 Ul,,Mlc.lVrED, fl;ua�.U,:.;A T,',�
THE HARBOR PERIPT POWAS OP h . M 1 TKIM' 1114F
AN't-f PER.0i
IWE MTV koggoff "DOWWOW W cy" Boj20T. 01.
RIGHTS Q;VEA us4ut.-u'-1 k--z.'JlkT
AND THIS PERMU MAY UE'
IN ACCORDANCE %lylvi; 'Wil -E ��,yw wimmum" con,
A o ;14
ILA
"My
A MEMBER OF "E SEARS FINANCIAL M�AI,
RESIDENTIAL RE At ESTATE SERVICES
March 25, 1985
Mr. L. Howard
3345 Wilshire Blvd #1100
Los Angeles, CA 90010
Dear Mr. Howard:
216, �N JOAQUIN HIL�S ROAD
NEWPORI BEACH. CA 92660
(714) 544-9061
Your client, Carl Quandt sold his vacant lot at 2501 Ocean Blvd., to
John McIntosh in Decenber 1983 for $1,200,000. Carl demanded a 24 hour
escrow (to save him a great deal of money in taxes) and insisted on a
escr(A%T and title company in Riverside. Since they were not familiar with
Newport Beach laws, they neglected to have Carl sign the dock transfer (en-
closed) .
After a lot of time and money spent by Mr - McIntosh in getting approval from
the Coastal Ccnrrassion he is ready to start building. He called Carl to
ask him to move the three boats he has generously allowed Carl to keep there
for over a year. Carl told him he sold him the lot but CArl kept the dock
which he will now sell hirn for $100,000! Carl's position is not only in-
credible, it is illegal.
As you know, by Real Estate law, the sale of a lot includes anything appurtenant
to the land unless specifically excluded fran the sale. The dock is attached
to the land and was not excluded (enclosed escrow instruct -ions) . Also the
Harbor Regulations (enclosed) clea ly state that.
"No person who was granted a permit for a pier shall retain any right of use
in such pier after having divested himself of the ownership of such real
prcq,Dertv". The reguEations also state that grounds for revocation of a pelanit
are. "The pernittee has breached or failed to canply with the terms or conditions
contained in the permit or upon which the permit was granted. " Since Carl
has refused to transfer the dock when he sold the lot, he has "failed to
comply with the teims of the pezmit".
Carl can sign the enclosed dock -transfer or we can have his pennit revoked or
we can sue Carl, his escrow company and his title company. Mir. McIntosh is
ready to start construction next week and any delay will be VERY expensive.
F.rJERAIPT.Rrm W
March 25, 1985
Page 2
If v& sue
Carl it will be for a large amount -
actual dainagres and punitive
damages.
Mr. McIntosh paid
top price all cash
and met all Carls deTands and
it is hard to blackmail him
a year later.
Smcerely,
P,--rb---a Gothard
Residential Specialist
7-10 -ky�
Enclosures
/" ,�WX /
Av-- A4n&47
7le 'Wo4w,-7e,
/C)6-^ .,-,? 5- ; 1�
COUNCILMEN CITY OF NEWPORT BEACH MINUTES
c�
0
oni I rAi i M�y i n 1 Q 7 r
deteriorated concrete coping on the Balboa Island
Grand Canal bulkheads from Annual Street and Alley
Program to Repair Coping Balboa Island Bulkheads,
General Fund. (Report from the Public Works Director)
BA772,$500 increase in Budget Appropriations and in
Revenue Estimates for funds for Community Development
Citizens Advisory Committee established as part of
the HUD Block Grant Program of Newport Beach; funds
will be reimbursed by HUD.Grant, from Unappropriated
Contingency Reserve and Federal Grants to Community
Development, S - pecial Departmental Supplies, General
�Fund.
BA.73,$1,500 increase in Budget Appropriations for
City's share of expense for construction of a bandstand
in Pier Park, from Unappropriated Surplus to
Bandstand Pier Park and Recreation Fund.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the Public Works Director
Ensign
regarding Ensign View Park, Phase One, Contract No.
View
1860.
Park
Councilman Barrett made a motion to approve the lans
P
and specifications with only one flag pole instead of
the three shown.
Motion
x
Mayor.Pro Tem Dostal made a substitute motion to
Ayes
x x
x]
xj
approve the plans and specifications and to authorize
Noes
x x
the City Clerk to advertise for bids to be opened at
10:30 A.M. on June 2, 1976, which motion carried.
/ e 5- - -'- 0"
2 9X
I % -<�
CARL QUANDT RANCH
r r
0
0 0 �11600\1
C30 \i.
:4. '40 Zoo
�0
May 17, 1985
Tony Melum, Tidelands Administrator
City of Newport Beach
P. 0. Box 068
Newport Beach, Ca 92658
Re: Pier 105-2501
I received your May 10, 1985 letter yesterday concerning the
Code and Policies regarding piers and permits. While I had no
intention of violating policies and codes regarding piers when
I divested most of my ownership in the upland property upon which
the Dier fronts, I do feel that I must explain my Interest.
When I sold the nronerty to Mr McIntosh, I discounted my sale price
to him as he had no interest in using nor having the pier. Thus,
after recordation of the Deed I continued to pay the permit fees
assuming I retained ownership.
When I transferred the proDerty, I did retain ownership of certain
rights in the. -property, one of which I felt was the pier and float.
I offered to settle with McIntosh regarding this matter but he had
no interest in my offer.
Having reviewed the Section cited in your letter concerning divesting
of ownership, I feel that by having retained an interest in the property
I would also have the right to continued use and ownership of the Pier,
since all my intqr-est wag--i�ot _d-lyested.
Sincere
Carl H a�
1047 NORTH STATE STREET SAN JACINTO, CALIFORNIA 92383 714-654-2691
MILFORD W. PAUL' KIILI.. �. WY.AD1
MARY M_ NC�IH
JAMES R. M..NF.
..ITUDI. 1. TURN
R M�.URNN,
V.UX. I—C.0 DALLAS
Ll A. .. EL'
Sl�,.N A.
..AD. A. OUROU".
Y-DNIA I P.OK.H.T..
A. KA.EEL'
DAVID A IC P1.1
,CO. A �IJEL ULIR.'
.1LNOC A.C.��
N, C.AEL . 1.8 M SLL'
WILLIAM T. ELIOROULOS
MILI.F. I A�L, J I.-
ERIC .. NEW—
THE .... C , WALLACE, JR.'
RANDALL N. BASSIJLOH
ROMALO R A RR'NOTOK.
XWN.Y L ROSE.
RICHARD R �N`. -
TIMOTHY S�
MARSHALL N. REARLM11
AVDT N. D.D.DF.
RC.EF1 D. ..AOH'
A. D. FRAZIER
..ED A. AR AOL Do
XAAN I
EDWARD C S TOE"A. JR.'
HEATHER A. MAHOOD
THOMAS S. OALNDE�'
STEFC. I RA.A.
BARRY R. LAD.I....
WA.SL� -L 1..RSYCDC
ACRID', W ALDERDS
.� XAY.DRURS JEN...
DAVID C. LARSCK.
DAWN C. -0.1�1OVEIL
CLIFFORD E, FPI�UE�P
DLH. 1. MANN
ARTHUR C N.
ANDY L. MACLACHLAN
MICHAEL D. U8N'
DAVID A. 1USNR..N
IRA .. RVI.-
IRCK I- DUD
1.11.DY M. ...RMA'.
CAROL I FILYND
JOA�PM D CARRDTH
SCOTT R_ 1.HS.MC
.TA. W.L�OTT4
DI.N E..ONAILO
ROBERT S. BOWER'
D..PA. ..
MARC�A A. ED R5YT .
RICHARD G. MONTEVIDEO
WILLIAM M. MARTICO.D.A
KAREN 1. OUD.
WILLIAM V SCHM 07
DAVID .- C.S.R.1E
A..E I.LR.N LANRDAR
MARK SMITH FLYNN
WILLIAM J. C^'LA"
I ... M_ WRAT
N.C.A�l I " ORNAK
CAROLS
JANICE L. DELOPH
LEE M. SINADO
PHILIP D. K OHN
DANE I.
JOEL .. ..�E'5CRG
XATT�y .. '...AT.
.�ITM W ... WIND
., TOO. RTED,
L.A. AR.�. NYTH
CERTIFIED MAIL
RUTAN & TuCKER
ATTORNEYS AT t_AW
A PARTNERSHIP INCLUDING PROFESSIONAL
CENTRAL BANK TOWER, SUITE 1400
SOUTH COAST PLAZA TOWN CENTER
Elf ANTON BOULEVARD
POST OFFICE BOX J950
COSTA MESA. CALIFORNIA 92628-1950
July 17, 1985
Mr. Carl Quandt
1047 North State Street
San Jacinto, California 92383
Re: Pier 105-2501
Dear Mr. Quandt:
A. W. FCTA.
JAMES B� TUCKER. SF.DD-I%OO)
M. ...00R ..WELL
TELEPHONE (714) 541-SIOO
(213) 625-7585
TELECOPIER (714) 546-VO35
TELEX 910 596-1583
CABLE ADDRESS RUTAN TUC CSM�
IN REPLY PLEASE REFER TO
We represent John McIntosh. It is our understanding
that Mr. McIntosh purchased a waterfront lot located at 2501
Ocean Boulevard, in the city of Newport Beach, from you on
December 30, 1983 and that you are now taking the position
that the pier and float which are appurtenant to the lot
were not transferred as a part of said sale of the
residence.
The pier and float in -question are appurtenant to and
affixed to the lot purchased by Mr. McIntosh. As a fixture
or an appurtenance to land, the pier and float were
transferred with the real property to which they were
affixed, unless specifically excepted or reserved. See Cal.
Civ. Code §§ 658, 660, 662, 1013, 1084; Trask v. M6-o—re, 24
Cal. 2d 365, 370 (1944) ; Frah v. Whittier, 58 Cal. 126, 130
(1881). You did not res-erve any rights to either use or
remove the pier and f loat nor did you retain any rights of
access across Mr. McIntosh's lot to reach same. Therefore,
any interest you held in the pier and float was transferred
by the grant deed to Mr. McIntosh.
RUTAN & TUCKER
ATTORNEYS AT LAW
Mr. Carl Quandt
July 17, 1985
Page 2
There is case law which supports a finding that the
state or subpart thereof owns the portion of the pier beyond
the low water mark. See Coburn v. Ames, 52 Cal. 385 (1877).
If this is so, only—the- state can determine who has the
right to use that portion of the pier. The City of Newport
Beach has granted Mr. McIntosh a harbor permit. Therefore,
Mr. McIntosh has the right of ownership and the right of
use. You do not have any rights with respect to the pier
and float.
Furthermore, the Newport Beach Municipal Code
reinforces this conclusion in that Section 17.24.030 of the
Code quoted to you in the May 10, 1985 letter from Tony
Melum, Tidelands Administrator of the City of Newport Beach,
expressly provides that a person who is granted a permit for
a pier or similar structure as an abutting upland owner may
not retain any right or use in the pier after divesting
himself of the ownership in the real property. After such
divesting, the right of use vests in the City until a use
permit is granted to another person. The City has taken the
position that as you are no longer an upland owner of the
real property, you are no longer a permittee and must either
effect the transfer of the pier and float to Mr. McIntosh or
remove it from the tidelands.
The City's letter assumes that you retained ownership
rights to the pier and f loat. As discussed above, this is
not the case - all of your rights of ownership were
transferred to Mr. McIntosh together with the lot. Although
you indicated in your letter to Tony Melum of May 17, 1985
that you retained ownership of certain rights in the
property, including the pier and the float, we find no
evidence of such retention. The only rights you retained in
the Property were subsurface mineral and oil rights. We
fail to see how rights 250 feet below the surface of the
property without the right to use the surface could possibly
lead you to believe that you have any right to the pier and
float or rights of access across the property to reach the
pier and float.
It is our understanding that you have kept, or allowed
to be kept, three boats docked to the pier since the
consummation of the purchase and sale of this transaction.
You have previously been requested to remove these boats.
Mr. McIntosh is hereby granting you a license of one 12 -hour
RUTAN & TuCKER
ATTORNEYS AT LAW
Mr. Carl Quandt
July 17, 1985
Page 3
period to be used within ten (10) days of the receipt of
this letter to enter onto his property for the sole purpose
of removing any and all boats owned by you or allowed by you
to be docked at this pier. If these boats are not removed
within the next ten (10) days, Mr. McIntosh shall take
immediate action to cause their removal. Any entry by you
onto our client's property, including the pier, excepting
entry pursuant to the license granted herein, shall be
considered trespass for which Mr. McIntosh will take
immediate legal action.
We suggest that you discuss this matter with legal
counsel. If you or your counsel have any questions, please
do not hesitate to contact me.
Very truly yours,
RUTAN & TUCKER
6a,r,a 2,�
Anne Net -son Lanphar
ANL: cmh
cc: Barbara Gothard Miles
Tony Melum —
Robert Burnham
Robert McIntosh
Richard A. Curnutt
Lori Sarner Smith
CLIA FINALMOM-4,11._ -6-4^M I
MOS -0
X 1-4 'ES tj P- A� N C' r. C, 0 M F.2. A N y
.1
SCHEDULE A
Premium
Amount of in�v rance i
Date of Policy 4 December 30� 1983 at 6300 A -M.
Number 11 27iQS—a
J. Name of Insured,
Sam F. McIMIOSSH AND AUDREY MrINTOSH
2. The estate or intorewt referred to herein is at date of thiz
policy vested int
JOHN R. McINTOBA's AND AUDREY hclNTO;'-:,H, Husband and Wife, as Joint
Tenants
3� The estate or, interest in the land described or referred to in
Schedule c covered by this policy is - A Fte
SCHLDULE B
This policy does not jp*ure against loss or da.NQge, nor against
costs, attovney&' fees or eXpenses, and or all of which arise by.
reason of the follpwinq�
Part I
All matters set forth In paragraphs numbered i (one) A* 11
(eleven) inclusive on the inside Cover sheet of this POLICY
under the heading Schedule V Part 1,
Part 11
j, $ecqnd Installment general and special Counly and City taxes for
CLTA 2
The fiscal year i983—M4 in the asiount of $873.13 plus penalty
and costs of *873.1a
For proration purposes only,
First Installment has been paid in the amount of $None Shown
Homeowners Excoption; $7,,000.00. Code Area 07001 Parcel No.
052 013 32 .
The lien of supplemental iaxes�, if any� assessed pursuant to the
pro.'�Asions of Chapter 498' Statutes of MZ of the State of
California.
The righTs 04' wak" along the roads. and highwayi& shown and
designated upon said map for road purposes, pipe lines eleclf-ic
rtailrood or anv, other form of rail transportation and for
telephone and telegraph lines to the lands of The Irvine Cotipqny
lyina to the Fast of the Wbove described larjd� as reserved by
The irvine Company in a Dt�ed recorded December 12� book
`104, pol;e 1601 Deedzi
Covenants, Conditions dOO Restrictions as set forth An
Declaration recorded in book 424� page ZV, Official kecordi4.
-Bui deleting resirictions� if any, based on race, color,
religion or nctional origin,O
Said covenonts,, conditions and restrictions PPOY!de thot 0
violation thereof %hall not defeat nor rendcr Invalid ifie lien
of any mortga9c or Deed of Trust rude in good faith and for
va.'Ve.
Covenonts, conditions ane� Restrictions as set forth it,
re_,corded in book iZ37� page S&t Official Rerords,
-But deleting restrictionS2 if GnYk based on race� color?
religion or national Qrjqin.N
Said covenants, conditions cod restrictions provide that a
y1u,�ction thereof shall not defeat nor render invalid the lict)
of any mortgage or Deed of Trust made in good faith and for
vjj�
Aue.
An easement for storm drain and incidental purposes as provided
in the dead recorded in book 959T, page 643,, Official Records
I over, the portion of said land described a5
follows:
CLTA 1-64,FAGE 3
Beginning at the intersection of the
Southeasterly line of %aid Lot D with the
Easterly line of that certain land being an
abandonment of a portion of Ocean Boulevard of
said Corona Del Mar, as described in Resolution
No. ?43, adopted April 6, 1?36 by the City Of
Newport beach City Council and recorded in book
S?S, page t72, Official Records records of said
Orange Countyp California thence along said
Easterly line South V degrees 16' K" East 5.Z6
feetj thenc* leaving said Easterly line Somth 52
4eqreer 33, 20, West 23.01 feet; thence South U
deVreez 301 00" West S.S2 feet to 0 Point
distant 5O-uth SZ degrees 33' W Uest KA7 feel
from the Northeasterly terminus of that certain
course shown as having a bearing and distance o+
'South SZ degrees 331 20, West 24402 feet" as
shown on a map recorded in book 76, paq* 331 of
Record of Surveys records of said Orange County,
California thence along the boundary line of
sail Record of Surveys map North S2 deppees 30
20" East U07 feet to the point of beqinning
Rights and easements for commerce, navigation and fishery, as to
those portions of said land covered by the Waters of the Pacific
Ocean in Newport Bay.
Terms, provisions and reservations contained in the Submerged
Lands Act of May 22, 1?% Gh,6S ('17 Stot, 2V, 43 U,SX-&
jJ010) as to those portions of said land covered by the Waters
of The Pacific Ocean in Newport Bay,
Any rights in favor of the public which Any exist on sud land
for access, parking, beach or recreational u*es, if said land *r
parvions thereof were at any time used by the public for such
purposts.
An easement for the sole purpose of the continued existence of a
patio encroachment over the Southeasterly portion of said land
for the benefit of the abutting property owner, as rendered in
that certain jodgAent after trial by Courtp Orange COOnlY
Superior Court, Case 4X -24-K. filed in said Court on December
9, 1?81 and an discioned by an inspection.
The terms, conditions and provisions of that certain 'Deed
Re5trictionV, dated June 28, 19UZ executed by and between Carl
H. Quandt and the California Coastal Commission, recorded June
28, 1703 as Instrument No, 83-27hiSS
ELTO FDALjHQO08-o,i, _ i -84,H"
iZ. A lien for unsecured property taxes in favor of
Collector, County
amount of $38.07
February 4� MO
of Qranqe� against Mc lntosh�
Year/Account No. 1979—MO
as Instrument No. 41T2
the Tox
john R. in the
04242 recorded
CLIA
SCHEDULE C
L� 1--G A L- X> E: U3 Q- R 1. P -T' 3. 0 N
Those portions o -r Lots C. aF�d D of Corona Del Mar, in the City of
Newpori Beach era shown on a map thereof recorded in book 3"
p4��qes 41 afkd 42 of Miscellaneous Maps records of Orange County,
California as sho;�,n oti Par,cl 2 on a Parcel Map filed Aln took 36j
Page 3- of Parcel Maps In the Office of the County Recorder of
said Orange Coun'tp
EXCEPT therefrer, all oil, gas, minerals and other hydrocarbon
substance% lying below a depth of 250 feet fr011 the surfQcQ Of
said property, but with no right of surface entry, as provided
in deed recorded December 30, 1963
!N-TRUCTIONS B U Y E R
N;d
TO: TRANS -CAL TITLE COMPANY
Riverside 854
kive - r - s - i - de OFFICE. ESCPOW NO ............ - ...................
....... ------ ----- I .......................... ............................ California .. .... Dec ... 83
----- ------------ ---------
On or before .... R��cember ... 3 o._,_ �9 8 3 ...... I will hard .U-..-t.h-.e ---- sum ---- of ........................
.......... ....... I ------ --------- -- -- ---
MEMO
I 1 26010 0.00
.. . .............. .......... ------ --------------
nb,.n�e, at Re�.,d
Ev�um a
1 7,0 -0 -, -0 -d 070 U
and any additional funds and instruments, reuvired from me jo ara��Ie ou to comply with these i.xt,�cfions which you are to use provided instruments have been
filed for record entitling you to procure ......... T . r.a_n__s_-.C.a ........ Ti.tie Co
.. .. . . .... ....... .... .. Owners or Joint Protection policy of title insurance with title company liability
the amount of total consideration on real p,.perfy in the County of ....... OraLnge ............................. .............. ................ ................................. state of California
Desc,ibed as� ---- Tlag§ie ... pprtions of Lots C and D Of Corona Del Mar, as shown by Map thereof
recorded in B . .......... . ...... I ................
....................................... qqk 2gjad ..... 12 of Miscellaneous Maps, Records of Oranqe Co.
California as shown as Parcel 2 of ---- P - a . r - c . e - 1 ---- M . a .. p .... f i - I - e . d _ i .- n ... B . o . o - k ---- 3 .. 6 ................................... . . ........ ...
A�- --- ------ - - c ---- d ... o f .... 0 . r . a . n g . e .... C - o - u . n - t . y ........ C .. a -I.. i __ f .. o - r n .. i . a ........ .............. ... ...... ................
sgips,,Re or s ... .. .... page --- 3_qf ... Parcel
,Ow s: ------------------------------------------------- -----------------
31howirtg title vested r . John R. McIntosh - -an d_'A_'u'_ d- --- -- - --- ---- .. . .... -- --- - ---- ----
- --- --------- ------------- .................................................. ... M!�_Intosh (vestinq to follow)
- --------- --------------------------------------------------- ---------------------
�ne. of encumbrances except:
i) 2Rd --- h4if ------------------------------- General and Special Taxes for fiscal year 19 -------- R3 ----- 19 ------ 84 ...... and taxes which are not yet due: includirg Personal
".perty 'a,.s I cry f.r,er and spaci,!_district levies, 'whose Payment -4 included in and collected with such undue taxes.
2) Covenants. conditions. restrictions. nxser�atrons, rights. rights of way, and ease m&nfs, ..� Of record. if any --------------------------------------------------------------------------------
:3) Trust Deed securing an indebtedness as per its forms. no- of record, the terms of which indebtedness and said trust dead I am familiar with and hanaby
,n r.n,e. no further approval necessary. Lender's statement to show an unpaid balance of principal of $. ----------------------------------
P ........ .. but f Sam % 0
" h Jd show 1.
3e more or less t6n said amount. than you are to keep the total consideration the same as shown above. by accordingly adjusting the Cash Througi, Escrow.
4) Usual Form of Dead of Trust securing Note for
. ................... ---------
(if straight note) ................ ............. .... in favor 'T,
�a,.bi. at ----- ----------------------------------- California, interest f'on,_ ------------------------_----- --- -------------- at rate of.. ---------- per cent per annum.
"incip.1 and interest payable $ .................................... or more on th ..................... --day of each month, beginning on the ............
,f ---------------------- -------------------- __ ..... I? ............ .�.C.ned by so,. named Grantee
** DEED TO CONTAIN THE FOLLOWING: "Reserving unto the grantor, all gas, Cil,
minerals and other hydro -carbon substances lying 250 feet below the surface
of the land, but without the right to use the surface of said land.
In the event escrow is not closed and recorded by 12:00 noon on December 30,
1983, this escrow is automatically cancelled.
6-1
C_
U
'no,.fe TAXES on I--! Property Only, based on Idlest tax bill in your possession or on amount f.,rssh.d by the Title Company. as of ...... Cj_OSe .... Of ... e F C.row
insurance handed you as of ------- n1a ............................ you shall ..urne that each such Policy is in force and that the recessary Premium therefore has been paid.
".,ate nants as of ----------- Rb� ---------------------------------------- based on art statement handed you- Prorate interest on loans of record as of ......... n 1. FL ............. ..........
Qjusf impounds on loan of record by debiting Buyer and crediting Seller.
agree to pay op. demand for recording deed. mortgage clause on insurance, drawing mortgage and/., Trust Deed, drawing. nofarizing and recording any Other
�ocumerts nacessary on my part. and buyer's fee as charged.
t�'—N FARTY S:CN!FS THESE !�:_STPUCT!O�� HAS READ THE ADDITIONAL !!SCROW CONSMONS PROVISION'S AND INSTRUCTIONS ON 'HE ASY"SE
SIDE HEREOF AND APPROVES. ACCEPTS AND AGREES TO BE BO�ND THEREBY AS THOUGH THE REVERSE SIDE HEREOF APPEARED IN FULL AT THIS PLACE.
,ya,'s Buyer's
ignat.r. ------------------------ Signature ----------------------- -----------------------------------
.1 jo-h-n- ------ R*.__ -Mc- --- I n- t 6 sh --- ---- ------------------------ Audrey McIntosh
SELLER
HE FOREGOING TERMS. COVENANTS. CONDITIONS. AGREEMENTS AND/OR INSTRUCTIONS INCLUDING THOSE ON REVERSE HEREOF. ARE HEREBY
,ONCURRED IN. APPROVED AND ACCEPTED. I will hand you .11 instruments and money necessary for ,a to comply therewith, including a dead of the property
e,cribed. wilich You *--a authorized to deliver provided you hold in this escrow for the account of the said grantors, the 1.m of $ ...... -1,2.Q0AA0�90 ..........
.Y of close of escrow any encumbrances necessary to place title in the condition called for and the following:
agree to pay on demand charges and expenses incurred by you for me, including charges for title insurance. to, sending in offset statements and beneficiaries' star.-
,.nf and/., demands, conveyancing charges. recording charges including recording of purchase price encumbrance, and f,.r,sfe,r;rq of fire insurance ifP,.,.ted.*.d
ellar's escrow fee as charged. Affix Documentary stamps in the amount of $ --- ... to my deed.
Sailet's
,,.at�re ..... Carl U." QUandt' -- - ---- . ........... Signature ............. .. ...... ........... ............... ............................ --------- .......
.......... ......... ......................................... ............................. ............................
..................... - --------------------------------- ------------ .... ......
BRAD GATES
SHERIFF -CORONER
SHERIFF -CORONER DEPARTMENT
COUNTY OF ORANGE
Mr. Carl H. Quandt
21024 Highway 79
San Jacinto, CA 92383
Dear Mr. Quandt:
CALIFORNIA
September 28, 1987
The issue which you have raised Concerning the status of the
ownership of the permit for hold off mooring HO -6 is best answered
with an explanation of the purpose of such moorings.
Hold off moorings have been permitted in locations of Newport Bay
which are affected by tidal surge or vessel caused wave action. The
term "Hold Off" describes their purpose and use. The hold off
mooring is used exclusively for the purpose of holding a legally
docked vessel away from a permitted dock or pier so that it will not
rub or chafe against the dock. It is in no way to be considered as
either a shore mooring or an offshore mooring and, therefore, can
not be legally used for the storage of a vessel. Permits for hold
off moorings are only issued to the person who has the adjacent pier
and, due to current pier permit policies, this permittee would be
the owner of the upland property as well.
I sincerely hope that this explanation will assist you in settling
the apparent dispute over the permit for HO -6.
Please contact me at (714) 673-0933 if I can provide more
information or clarification of any part of this permit process.
Respectfully,
BRAD GATES, SHERIFR-CORONER
Capt. Arry G
Harbe'r master
HG/njw
cc: Tony Melum, City of Newport Beach
Mr. John R. McIntosh
19 01 B A Y S I D E D R I V E - C 0 R 0 N A D E L M A R , C A L I F 0 R N I A 9 2 6 2 5 - ( 7 14 ) 8 3 4 - 2 6 5 4
BRAD GATES
SHERIFF -CORONER
SHERIFF -CORONER DEPARTMENT
COUNTY OF ORANGE,
Mr. John R. McIntosh
2495 Ocean Blvd.
Corona Del Mar, CA 92625
Dear Mr. McIntosh:
CALIFORNIA
September 28, 1987
The issue w-hich you have raised concerning the status of the
ownership of the permit for hold off mooring HO -6 is best answered
with an explanation of the purpose of such moorings.
Hold off moorings have been permitted in locations of Newport Bay
which are affected by tidal surge or vessel caused wave action. The
term nHold Off" describes their purpose and use. The hold off
mooring is used exclusively for the purpose of holding a legally
docked vessel away from a permitted dock or pier so that it will not
rub or chafe against the dock. It is in no way to be considered as
either a shore mooring or an offshore mooring and, therefore, can
not be legally used for the storage of a vessel. Permits fo-- hold
off moorings are only issued to the person who has the adjacent pier
and, due to current pier permit policies, this permittee would be
the owner of the upland property as well.
I sincerely hope that this explanation will assist you in settling
the apparent dispute over the perudit for HO -6.
Please contact me at '714) 673-0933 if I can provide more
information or clarification of any part of this permit process.
Respectfully,
BRAD GATES,zg'HERZIF�F-CORONER
Master
HG/njw
cc: Tony Melum, City of Newport Beach
Mr. Carl H. Quandt
19 01 B A Y S I D E D R I V E - C 0 R 0 N A D E L M A R , C A L I F 0 R N I A 9 2 6 2 5 - (714) 8 3 4 - 2 6 5 4
CARL'QUANDT RANCH
October 1, 1987
Capt. Harry Gage
Harbor Master
1901 Bayside Drive
Corona Del Mar, Ca. 92625
Dear Capt. Gage:
Following up on the conversation we had today concerning
my hold -off mooring, HO -6, I am enclosing a copy of the
permit I hold on that mooring.
John McIntosh received a deed to the property, described
on the tax assessors roles as AP#52-013-32 CA7-0001. His
lot goes down to approximately the center of the ramp.
I presently have the ownership of the H06 mooring, plus I
did not deed out any rights to the float or any rights to
the property it sets on. Also, I reserved the rights to
all gas, oil, minerals and other hydro -carbon substances
ly8ng 250 feet below the surface of the land.
There is an easement on the north side of Robert Sprague's
property, a public easement for pedestrians to go to and
from the water.
I hope this will help you to settle this matter.
You-r�-_s t
Carl Quandt
CQ/lr
enc: 1
G: Tony Melum
Mr. John McIntosh
..`GNT,,1AY 79
SAN JACINTO, CALIFORNIA 92383 714-654-2691
.0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
O�-
b,f I I I �0�7
May 10, 1985
Carl Quandt
1047 North State Street
San Jacinto, CA 92383
Re: Pier Permit 105-2501
Dear Mr. Quandt:
As a result of acquiring the abutting upland property, on September 30,
1964 you were transferred the pier permit for the pier and float bay -
ward of 2501 Ocean Boulevard. As you may know, this permit allowed you
to maintain a pier and float on state property. On May 10, 1976
you made application to replace the existing pier and float, which
application was granted and the work was subsequently done.
As a harbor permittee, on two occasions you agreed. first by the
transfer of the permit, and later by doing construction work under
a permit application, to accept the provisions of the Newport Beach
Harbor Permit Policies and the Newport Beach Municipal Code dealing
with structures in the harbor.
The pertinent sections are as follows:
Harbor Permit Policies:
Section 4.A."Acceptance of Provisions: It is understood and agreed
by the Permittee that the doing of any work under the permit shall
constitute an acceptance of all the provisions."
Section 1O.B. "Whenever a permittee sells the abutting upland
property, a request shall be made to the City to transfer the
permit. Forms for this purpose may be obtained from the Marine
Departmnet. Failure to apply for a transfer within 30 days from
the date that the abutting upland property changed ownership
will result in an additional fee by the City."
Newport Beach Municipal Code:
Section 17.24.030. "Transfer of Permit. No person shall transfer
a permit for a pier, float or simi'lar structure granted under the
provisions of this Chapter without prior written approval of the
City. No person who as an abutttng upland owner or lessee of
real property was granted a permit for a pier, float or similar
structure shall retain any right of use in such pier, float or
similar structure after having divested himself of the ownership
3300 Newport Boulevard, Newport Beach
or leasehold interest in such real property.- Upon such divesting
the ownership interest in such pier, float or similar structure
shall remain with the person to whom the permit was granted, but
the right of use thereof shall vest in the City until such time
as a permit for such pier, float or structure is granted to another
person. Except where rights of ownership or use have heretofore
been judicially decreed, no person may heretofore or hereafter gain
any rights of ownership or use of any such pier, float or similar
structure by any purported transfer made without such prior written
approval of the City. The Marine Director is authorized to approve
transfers of permits, or in his discretion may refer the same to
the City Council for approval."
Section 17.24,040. "Application for Permit - Plans - Fee.
A. Application. Application for any permit or the transfer of any
permit required.by this Chapter shall be made to the Marine Director
in writing on forms provided therefor. The permit shall constitute
an agreement by,the perTnittee to comply with all conditions imposed
in the granting of -the permit.
B. Plans. The application shall be accompanied by plans and
specifications setting forth in detail the work to be done.
C. Fee. Each application shall be accompanied by a fee -in an
amount established by the City Council by resolution. Fees shall
not be returnable to the applicaant whether or not the permit is
granted." .
Section 17.24.100. "Structure Without Permit Declared a Nuisance. -
Abatement. Every structure maintained in or over the waters of
.Newport Harbor or the Pacific Ocean without a current Valid permit
existing therefor when required by this Chapter, or maintained in a
manner or for -a purpose other than or different from that provided
in the permit, shall constitute a nuisance and shall be immediately
abated and may be removed. If'upon written notice to remove any
such structure the owner thereof fails, refuses or neglects to do so
within a reasonable time specified in the notice, being not less
than five (5) or more than thirty (30) days after such notice, the
City shall abate or remove it and the cost thereof may be re-
covered from the owner of such structure in a civil action."
On April 26, 19805, Mr. John MacIntosh made application to transfer the
permit bayward of 2501 Ocean Boulevard as a result of his acquiring
the abutting upland property. After inspecting the structure on April 29,
1985 the Marine Department transferred the permit to Mr. MacIntosh.
Mr. Maclntosh has indicated to -the Marine Department that it is your
p "ioh that the pier and float are still yours. If that is the case,
since by virtue of the above quoted sections of the Newport Beach
Municipal Code and the transfer of, the permit you are no longer a
permittee, you must either transfer the structures themselves to the
new harbor permittee or remove them from the tidelands. In the interim,
the right of use has passed to the City and you retain no right of use.
Please communicate to us your intentions in this regard with ten (10)
days, to preclude further action by the Marine Department.
If you have any questions you may call 644-3044.
sincerely
.1 �/A *L ---
Tony M=eum
Tidelands Administrator
cc: L. Howard, Attorney at Law
Bob Burnham, Newport Beach City Attorney
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BRAD GATES
SHERIFF -CORONER
SHERIFF -CORONER DEPARTMENT
COUNTY OF ORANGE
CALIFORNIA
Mr. John McIntosh
Mr. Carl Quandt
Dear Sirs:
November 5, 1987
74&
Our office has had an opportunity to review the letters from both
parties who claim a right to the use of hold off mooring HO -6 as
well as earlier cummunication from the Newport Beach City
Attorney dated May 10, 1985. We have also travelled to the area
where the buoy is located to gain a better understanding of its
current use.
Based on a field evaluation of the current dock/buoy
configuration, this hold off mooring is currently being used
improperly and is in violation of city and county mooring
regulations. For this reason, the mooring permit is hereby
cancelled for mooring HO -6. To prevent loss of your mooring
equipment please remove it by December 1, 1987. Also the vessel
currently on this mooring must be removed immediately or we will
have no alternative other than removal and storage at $25.00 per
day.
Your immediate attention to this matter will be appreciated.
Respectfully,
BRAD GATES, SH
C C apt- a Gac
apt. rry Ga_Ie
rry
or M r
Ha or Master
HG/ml
CC: Mr. Tony Melum, Newport Beach Marine Dept.
Mr. Bob Burk, EMA permits
1 9 0 1 B A Y S I D E D R I V E
C 0 R 0 N A D E L
MAR,
CALIFORNIA
9 2 6 2 5 (7 14) 8 3 4 - 2 6 5 4
I
HAKOUK et--KIVII I APPLICATION (Please print ail information)
Ownery
�Zs_o
Project Address (Street
3. New Construction
4. Fee 35—/
Revision Maintenance
Check No�.2 (2 5-1
it Number
Dredging
Date /_ 4?_ �
5- Brief Description of Proposed Work: 409Y)CO7- f-EPAIR
6. Submit 8 1/2" x 11 " Drawings (3), Include:
1). Location and dimension of proposed structure including piles and location of existing structures.
on adjacent properties.
2). Location of bulkhead, pierhead and project lines,
3). Location of property lines.
4)_ Location of channel markers within 200 feet.
5). Lot sizes and lot numbers, if available -
6). Existing ground profile beneath Proposed structure.
7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W.
8)_ Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W.
9). Any special conditions affecting the construction or affecting boating operations.
1 0).Complete all information required in information block, bottom of sheet. Note that the OWNER.
of the property is the applicant
I 1).Drawing size shall be 8 - 112" x 11
12).Scale shall be adequate to clearly show the above information.
13).Existing structures shall be shown in light dashes, New work shall be shown in heavy solid lines.
7. Owner-BuilderDecfaration
8. Applicant's/Agent's Signature Date -
Joint Permittee Signature ( if appli�ble�
9. Work can begin once the City has received evidence of the following additional approvals and you have
been notified to proceed. If you begin prior to the notice you will be in violation of the NewportBeach
Municipal Code and subject to penallies.
10. Your permit will not be final until we have conducted an on site inspection once construction is
completed as per Municipal Code, Section 1724, if we have not been contacted for a final inspection.
OFFICE USE ONLY
Approval in Concept
Approval of the City of Newport Beach Council.
Approval of the Army Corps of Engineers
Approval of the California Coastal Commission.
Approval of the City's Public Works Department.
Approval of the City's Building Department.
— Approval of County of Orange.
— Electrical and/or plumbing permit (Building Department)
'�_ Issued. (Permit is stamped drawing)
Site Inspection. (call 644-3043 for appointment)
Site Re -inspection
Conditions:
Date
Date
Date
Date
Date
Date
Date
Date
Date 2-1(e
Date J",Ze)
Date
OWNER -BUILDER DECLARATION
I hereby affirm that I am exempt from the contractor's license law for the following reasons:
(Sec. 70-old.5, Business and professions Code). Any City or County widchrequires a permit to
construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires
the applicant for such permit to file a signed statement that he is licensed pursuant to the
provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of
Divisic�n 3 of the Business and Professions Code) or that he is exempt therefrom and the basis
for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit
subjects the applicant to a civil penalty for not more than five hundred dollars ($500).
— — L as owner of the property, or my employees with wages as their sole compensation,
Will do the worl, and the structure is not intended or offered for sale (Sec. 7044, Business and
Professions Code: The Contractor's License Law does not apply to an owner of property who
builds or improves thereon, and who does such work himself or through his own employees,
_-provided that such improvements are not intended or offered for sale. If, however, the
building or improvement is sold within one year of completion, the owner -builder will have the
burden of proving that he did not build or improve for the purpose of sale).
L as owner of the property, am exclusively contracting with licensed contractors to
construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law
does not apply to an owner of property who builds or improves thereon, and who contracts for
such projects who builds or improves thereon, arid who contracts for such projects with a
ContractoT(s) License pursuant to the Contractor's License Law).
I am exempt under Sec. . of Business and Professional Code for fins reason:
Owner's Signature: — Date:
Contracton SLAJ I C--- :)E� 5 Televhone: 99'�7-7-23-S`n-0
Address: -5-00 3 eA 5
License class: -4
,—State Board No. 5V.2-0 9 Z, City License No. 9 7 0 2 7.9S
License Contractor's Dedaration
I hereby affirin that I am licensed under provisions of Chapter 9. (commencing with Section
7000) of Division 3 of th;IZ D f -
effect. _1j, Code, and my license is in full force and
Contractor's Signature. Date: /-,2
NMEMMR OF THE SEARS FINANCML NETWORK
COLDWELLBANKER
RESIDENTIAL REAL ESTATE SERVICE$
2161 SAN JOAQUIN HILLS ROAD
NEWPORT BEACH CA 92660
(7141644 9060
;7 /--0-
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5-61
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RUTAN & TuCKF-FR
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL OO-01,ATI.1
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-LIM. W. WIN.SA
CENTRAL BANK TOWER, SUITE f4DC
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611 ANTON BOULEVARD
FIC ... 0 A. CUP"'OTT'
THOMAS G ..TN71.N.1G.
L..H APO .. A.�Yl-
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POST OPFICE BOX 1950
'.�M IS HURLBUT. IN.'
MAURI..
MICHAEL I I..ELL'
COSTA MESA, CALIFORNIA 92628-IBSO
TELEPM�- 17141 641-5100
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T.FO..RC � WALL.�E. JR�'
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TELECOPIZ� f7141 546-9035
MARSHALL ..
G.K.. M. ..OHNER
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MARK .- FRAYIYA
FIOG�Y A. SRA.1F-
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EOWARG D. SYBESMA. JR.-
HEATHER A. N-OOD
THOMAS S. SALINGER'
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21, 1985
T.� .10 .96-16.3
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WILLIAM J. CAPLAN
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MICHAEL 1. MORMAK
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JANICC L. CELOTTI
LEE M. SI�AU�
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JOEL 0, KUPERSERG
KATHY M. FORBAT"
JUDI�� W GODWAND
L.W' !I.PNEA SMITH
.. I.., ISR.I
John McIntosh
203 Evening Canyon Road
Corona del Mar, California 92625
Re: Carl Quandt: Sale of Property at 2501 Ocean
Boulevard
Dear Mr. McIntosh:
Alvin Howard, Carl Quandt's attorney, contacted us
yesterday in response to our letter to Mr. Quandt of July 17,
1985. Mr. Howard indicated to me that Mr. Quandt's sole
response to our letter was that he would sell you the zier
and float for approximately $12,000.00. 1 asked Mr. Howard
upon what legal basis Mr. Quandt was relying in making suzh a
demand. Mr. Howard indicated that he had not been retafned
by Mr. Quandt to check into the legal issues underlying th-is
situation.
As we have previously discussed, existing California law
would support a position that the pier and float are fixtares
which were automatically transferred to you with the lot- at
the close of escrow. However, there is some indicatior in
the Newport Beach Municipal Code and in case law that the
pier and float could be considered personal property which
would not have automatically been transferred with the lot.
I have asked Bob Whitener of California Counties Tftle
Insurance to have their legal staff check into the matter as
they may have previously dealt with this type of situatiom.
RUTAN & TuCKER
ATTORNEYS AT LAW
John McIntosh
August 21, 1985
Page 2
Thel
you I City of Newport Beach has issued a dock permit to
and cancelled Mr. Quandt's permft. Therefore, you have
t e so I right of use to the dock. The dock transfer card
which Mr. Quandt has previously refused to sign transfers
only the! permit. Tony Melum, Tidelands Administrator of the
City of 'Newport Beach, has advised me- that it would serve no
useful �urpose to have Mr. Quandt sign this dock transfer
card, as the permit has already been issued to you.
There are several alternatives available to you at this
time. The first alternative would be for you to initiate a
quiet title action based on the pre -mise that the dock is a
fixture and was transferred toget:-er with the property.
Another alternative would be to make demand upon Mr. Quandt
to remove the dock from the property and if it is not removed
within a specified period, consider it abandoned. This
approach assumes, of course, that the dock is personal
property and after taking such a position, we could be
required to proceed under the statutes governing abandonment
of personal property. A third alte=tive is to resolve this
matter by offering Mr. Quandt some amount in return for a
release of all rights in the dock.
= final alternative, and
the alternative we recommend, is to simply ignore Mr. Quandt
and proceed as if you have full rig'Lts of use and ownership
to the dock. Our letter of July 17, 1985 to Mr. Quandt puts
youton record as taking the position that you hold all rights
to the dock. This approach would essentially throw the ball
back into Mr. Quandt's court and we could not provide you
with any assurance that Mr. Quanut would not initiate
litigation against you or attempt to interfere with the dock.
Please contact me after you have had an opportunity to
consider the above alternatives. I will keep you updated on
any information we receive from Ca-lifornia Counties Title
Insurance regarding their analysis of this matter.
Yours very truly,
RUTAN & TUCKER
LSS: cm Lori Sarner Smith
cc: Barbara
Richard
Anne N.
Gothard Miles
A. Curnutt
Lanphar
a
City of NexN-port Beach
3300 NEWPORT BOULEVARD STATEMENT IIETAIN FOR YOUR RECORDS
NEWPORT BEACH, CALIFORNIA 92663-3884 OF
FINANCE DEPT 714-644-3121 ACCOUNT
AMOUNT
DTRICT TO ,_-;,,T: (7!4 )644-3�44 ��IDGRING: HO 6
jo
rT, DJi
- FAN'OT
MOU
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32 5
7
6- A L N C'--
!4oTICE: COUNTY
3Y THE mOORING CAFACITY1 I�OT �Y Ti-,-- 3AT 1�00Tt��Eo
Please make check payable to City of Newport Beach. Direct
80AT: CFE03380 all correspondence to Finance Director, City of Newport
QUANOTj CAPL Beach, 3300 Newport Blvd., Newport Beach.
21990 STATE PA" HWY 479 STATEMENT DATE
SAN JACI14TO CA 92333
Reply wanted
Reply not necessary 0 By ..........
AGENDA
REGUIAR TIEETING OF
NEWPORT HARBOR JOINT HARBOR COMMITTEE
DATE: March 24, 1976 TIME: 4:30 PA
ATTENDANCE
1. APPROVAL OF MINUTES of August 26, 1975
?nd
'lays
:otn
2. TRANSFER OF OWNERSHIP OF A PRIVATE PIER LOCATED ON
ad
COUNTY TIDELANDS
ays,
Digest: Martin and Emma Zinsmeyer are thi new
owners of 7 Harbor Island, located on county tide -
lauds in Newport Harbor, and have paid the
required fee for non-commercial use permit.
RECM195DED ACTION: Recommend execution of the
permit transfer by the Director, EMA.
Kotn
3. MAJOR PIER REVISION
2nd
* /0 -5- _�Zs_o
Nays
Digest: Carl H. Quandt proposes to convert a 30'
-float
to three 22' flips, Per enclosed sketch.
i0XSjde'1a'1( 1 00
Condition #11 of county tideland permit specifi
lea
that an improvement ds limited to a single pier
and float or slip bavwards of each parcel or
11r. Quandt.bas-been notified of the Joint Harbor
Compittee meeting in order that be might present
his justificatiou for a waiver P ondi-tion
fill.
RECOMMENDED ACTION: Formulate recommendation.
4. OTHER BUSINESS
lr"A
TRAWY7 ur
ale
7-P 77
7?
STATUS SHEET
HARBOR PERMITS
LOCATION
PERMIT No. J-- P- j—�)
APPLICANT NAME
,CONTRACTOR
Date Rec'v Fee Amt.
Date Reviewed by Marine Deptl.
Approved IDenied
Corection Required - Description
I
City Council: �Approved 47-/0-,76 Denied
Remarks
DATE MATERIAL SENT/APPROVED
C.O. E.
1. Application
2. Consent. LW
3. "Waste'� Ltr.
4. Drawings
5. Staff Report
6.
7.
8.
REMARKS,
DATE FINAL INSPECTION
SCRZCC
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AGENDA
REGULAE ;PFELTING OF
NEI-TPORT HARBOR JOINT HARBOR COMMITTEE
DATE. - Marcli 24, 1976
XTTENDANCE
1. APPROVAL OF MINUTES of August 26, 1975
2, TRANSFFR OF 01,TNERSHIP OF A PRIVATE, PIER LOCATED ON
COUNTY TIDELANDS
DitesT: Martin and Emma Zinsmcyor are the new
CATIlers of 7 Harbor Island, located on county tide-
lands in Newport Harbor, and have paid the
required fee fir non-coillmercial rise permit.
RECOINIENDED ACTION: Recommend execution of the
permit transfer by the Director, EMA.
3. MAJOR PIER REVISION
Digest: Carl H, Quandt proposes to convdrt a 30'
float to three 22' slips, per-enc3osed sketch,
Condition Oil of county tideland permit qPecifies
that an improvement -is limited to a single phr
and float or slip bavwnrds Of each Parcel or lot.
Mr, Quandt.bas been notified of the Joint Harbor'
Committee meeting in order that he might present
his justification for a waiver of permit.condition
oil.
3a. Continued to end of meeting.
4. OTHER BUSINESS,
I. HARBOR PERMIT APPLICATION #1,43-26
C, T. Pfleger was issued by Orange County Harboi
District on April 33, 1971 a permit to relocate
an existing groin locatod over county tjdclands�
City of Newport Bench issued its permit on sub--
ject project April 20, 1971. and because work
could not be compl"ted within? years from date
of issuance, it is necessary for City to reiss"c
There is no change in the original proposal as
Previously approved.
iZECO1*17-_-,MDED ACTION: Recommend to th, Cit
Council. that per _y
1111t 1)(1. approved subject to
U. S. Army Corps of Engineers' approval.
TIME, 4:30 P,M,
App lirnni r r.
ed rnviqion
ing hnrk t" i
approval r--
nd subju,i -_
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D=1W ion ""q- i
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AGENDA
REGULAE ;PFELTING OF
NEI-TPORT HARBOR JOINT HARBOR COMMITTEE
DATE. - Marcli 24, 1976
XTTENDANCE
1. APPROVAL OF MINUTES of August 26, 1975
2, TRANSFFR OF 01,TNERSHIP OF A PRIVATE, PIER LOCATED ON
COUNTY TIDELANDS
DitesT: Martin and Emma Zinsmcyor are the new
CATIlers of 7 Harbor Island, located on county tide-
lands in Newport Harbor, and have paid the
required fee fir non-coillmercial rise permit.
RECOINIENDED ACTION: Recommend execution of the
permit transfer by the Director, EMA.
3. MAJOR PIER REVISION
Digest: Carl H, Quandt proposes to convdrt a 30'
float to three 22' slips, per-enc3osed sketch,
Condition Oil of county tideland permit qPecifies
that an improvement -is limited to a single phr
and float or slip bavwnrds Of each Parcel or lot.
Mr, Quandt.bas been notified of the Joint Harbor'
Committee meeting in order that he might present
his justification for a waiver of permit.condition
oil.
3a. Continued to end of meeting.
4. OTHER BUSINESS,
I. HARBOR PERMIT APPLICATION #1,43-26
C, T. Pfleger was issued by Orange County Harboi
District on April 33, 1971 a permit to relocate
an existing groin locatod over county tjdclands�
City of Newport Bench issued its permit on sub--
ject project April 20, 1971. and because work
could not be compl"ted within? years from date
of issuance, it is necessary for City to reiss"c
There is no change in the original proposal as
Previously approved.
iZECO1*17-_-,MDED ACTION: Recommend to th, Cit
Council. that per _y
1111t 1)(1. approved subject to
U. S. Army Corps of Engineers' approval.
TIME, 4:30 P,M,
App lirnni r r.
ed rnviqion
ing hnrk t" i
approval r--
nd subju,i -_
stnFF ""d
D=1W ion ""q- i
ITIr, I ) � .
DID
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Jt
o 1�
'71
DOLLARS
or
33
City of Newport Beach
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CALIFORNIA 92663-3884 STATEMENT
.FINANCE DEPT. 714-640-2236 OF
ACCO
UNT P LE—A E PETUM WITH PAWAVIT
CARL H, QUANDT
1891
1047 N. STATE STREET 654-2691
SAN JACINTO, CA 92383
16-8
1220
TOTHE
ORDER
� /'Or
OF.
DOLLARS
or
33
City of Newport Beach
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CALIFORNIA 92663-3884 STATEMENT
.FINANCE DEPT. 714-640-2236 OF
ACCO
UNT P LE—A E PETUM WITH PAWAVIT
A MEMBER � TIE MMS F�NC� N�OW
COLDWELL BANKER
RESIDENTIAL REAL ESTATE SERVICES
2161 SAN JOAQUIN HILLS ROAD
NEWPORT BEACH. CA 92660
(714) 644 W60
41
t'�
J�6�14
John R. McIntosh
203 Evening Canyon Rd 0 Corona del Mar, CA 92625,
N.S.G.S.
(DR cvl�
C -m 0'&' — �*x J-uLap"
44�
If
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�F �E SEARS FINANCIAL �EMO.K
RESIDEWIAL REAL ESTA� SERVICES
ILI
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egg
e BUYERS' NAME
ADDRESS OF rACILITy.
PERMIT #
MAILING
.
TELEPHONE
tv"ift ca 4"
No.
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APPLICATION IS HERE PERMIT
OCHD El
iNa 0.
Me Ito %lat"k
SELL.ERS'NAME(S) —BUYER—�—.A�ME(S)
(ABOVE NAMES TO BE TYPED)
COUNCIL
PUBLIC WORKS
SIGNATURE ---SIGNATURE
;DEPT.
OF S,�x
OF A BUYER
4SC ROW El
IGNATURE OF �SELLII ——SIGNATURE �OF.�YER
INSPECTION El
D
SIGNATURE OF
APPLICATION APPROVED (DATE)
SPECIAL CONDITIONS- TH C Ty HARBOR COORDINATOR
OF THE MUNICIPAL EODqEI.S PERMITISREVOCAB EBYTHECI
CITY OF NEWPORT BEACH. CALIF.
11,
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