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DocuSign Envelope ID: B803DD6E-OCCI-4FC2-9B2F-017E14B4E542 HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 ** Date of Application: October 10, 2013 Permit Number: * Property Address: 419E Edgewater A en�uo5 Newport Beach, CA 92661 ** Buyer's Names: Edward Samen and Harry Berkowitz Billing Address: Telephone No.: ** Buyer's Signatures: ** Seller's Names: The Residual Trust created under the Duncan M.cCiaren Stewart and Kathryn Stewart4,1ving Trua av 18. 1973, as amended ** Seller's Signatures: Joint Owner Signature: ** Escrow Company: Mariners Escrow Corporation ** Address: 1100 Newport Center Drive, Suite 200 Newport Beach. CA. 92660 ** Escrow Number: 45920-BF ** Fax Number: 949-721-8157 Escrow Officer: Brian Foxcroft Phone Number: 949-640-6040 Closing Date (Estimated): November 7, 2013 "STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date: ( L) Reinspection Date: Fee Paid: �b Check No.: Application Completed: Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code INSPECTION FORM Harbor Resources Department Date: Inspection Requested By: Inspector: �— Pier Address: Pier Transfer GFI Present Anti -Siphon / Backflow Present Other Comments Eelgrass Yes Need None NeedeGReinspection Yes Need Date Time ❑ Eelgrass Within 15' of Project Eelgrass Within 15' - 30' of Project No. Eelgrass in Project Area Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CIF Number Location on Dock Comments/ Observations Other Request CITY 'OF NEWPORT BEACH Public Works Department Harbor Resources Division 10/31 /13 Mariners Escrow Fax# 949.721.8157 Re: 419 E. Edgewater Ave. Escrow#45920-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 both the buyer and seller the pier will be transferred. Thanks for your help and if you require further assistance in this matter please call 949.644.3044. Sincerely, 1!�8a A/a Lisa Walters 829 Harbor Island Drive, Newport Beach, CA 92660 www.newportbeachco.gov (949) 644-3034 9 417411 �07��'; October 28, 2013 Mariners Escrow Fax # 949.721.8157 CITY OF NEWPORT BEACH Harbor Resources 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 Re: Pier Permit # 112-419 419 E. Edgewater Ave. Escrow# 45920-BF Dear Mariners Escrow, The dock was inspected by the Harbor Resources Division of the City of Newport Beach at the property mentioned above. We cannot transfer the pier permit until the following deficiencies have been corrected and the property has been re- inspected: 1. A GFI (Ground Fault Interrupter) is required on the electrical line to the plug-in outlet on the dock. The Newport Beach City Municipal Code 17.60.030 states: CA. Prior to the transfer of an annual pier permit, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to the transfer of the permit. A fee will be charged for this inspection, established by Resolution of the City Council. Please call 949-644-3044 to request a reinspection. Once the property has passed reinspection and the application is signed by all parties, the dock will be transferred. Sincerely, .C'ba WaPtm Lisa Walters Harbor Resources CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PF MIT APPLICATION (Please print all it iation) Kathryn Stewart 1. Applicant (Property Owner) Address Telephone 419 Edgewater 11 lA 2. Project Address (Street Address) Harbor Permit Number 3. New Construction Revision Maintenance x Dredging 4. Fee $369 Check No. J� Date 5/23/00 5. Brief Description of Proposed Work: Re —deck dock, pier and ramp. 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. 10).Complete all information required in information block, bottom of sheet. Note that the OWNER. of the property is the applicant. 11).Drawing size shall be 8 - 1/2" 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 -Builder Declaration must be co eted ( reverse side of this sheet) 8. Applicant's/Agent's Signature: Date: 3 Joint Permittee Signature (If ap icable): Date: 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 Newport Beach Municipal Code and subject to penalties. 10. Your permit will not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, ,if we have not been contacted for a final inspection. OFFICE USE ONLY Approval in Concept. Date Approval of the City of Newport Beach Council Date Approval of the Army Corps of Engineers Date Approval of the California Coastal Commission. Date Approval of the City's Public Works Department. Date Approval of the City's Building Department. Date Approval of County of Orange. Date Electrical and/or plumbing permit (Building Department) V--- Issued. (Permit is stamped drawing) Date Date �(J Site Inspection. (call 644-3043 for appointment) Date Site Re -Inspection Date Conditions: OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and professions Code). Any City or County which requires 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 Division 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). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, 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). 1, 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, and who contracts for such projects with a Contractor(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason: Owner's Signature: Date: Contractor: Pete Swift/Swift Slil - - Telephone: (949) 631-3121 Address: 2027 Placentia Avenue, Costa Mesa, CA 92627 License class: A State Board No. 5 0 2 0 9 3 City License No. 9 8 0 3 9 9 2 7 License Contractor's Declaration I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Bus' e s and P fessions Code, and my license is in full force and effect. Contractor's Signature Date: 5- -a 3-- 0C CITY NE PORT EACH HARBOR APPLICATION NC., t ::117 'a% ! 4 �i f'i' �i I -'.,j t,' z.( 33'30•� dAG '4 `@o•,p � __.. 1 i � � - jjf4`4` �� � 7ejcjp �� �.. �, Itf ,,,es �,•�.� � a p a CnKo� 1\.\ � )) /� p.;,.� t Tye !' C T 1 ( x f. 'I• V f �r I tV 1! g S k G i C H. wsst lET7'T-I -i •Easr NEWPO RT '5.A CAL IFORI.IIA '1 ngs o.e er�ressad %n feed and denafe depths belowao►7 Larve� Go,M 4so�er.- rl!!ox! rni�vs range of r"c7'C 4+pPrc�X/rnp�aly !O deaf r{grbor A7e5 are esioblr'Sheo !n 7/h:s sec�lon of �ew�oarf BaY Rf Move P..446 nit l j T I ti� i k'�: •':ate � ! I � �. i j � ! { i^ � -.v7 i '+. .rd j �:�. f +`� Q�.�Lf�Kiill �7 •�6e Al It j T 4C7— BLfiC � J o "MISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POULIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON, THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL. THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE REVOKED SY THE CITY COUNCIL. IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE, CITY HARBOR coop DiNAT®R PERMIT NO, DATE eta s e 2fa J l e�lrm`t'(; "��'ti HP�R vit PERMIT APPLICATION15,tY S,,tbr e,e t cir.y of Newport Beach F P Marine Department Newport Beach, CA' 9.2663 Please Print: (Front &`Back) Katie Stewart 419 E. Edgewater., Balboa, CA 673-3657 1. App scant Property Owner e s s Te ep one 419 E. Edgewater, Balboa, CA -112 2. Project ess street a css Har r Permit # 3. New Constructiga, Revision Maintenance X D e ci 4. Fee $60.00 Check No.=26 Date 276/ 7ng 5. Brief Description of proposed Work: replace 2 piles 6. Submit Drawings(3) Include: 1-Location and dimension of Proposed structure 2. Location of bulkhead'3. Location of property lines and lot size 4 Location of channel markers within 200 feet of proposed project 5. Existing ground profile, and area and profile of any dredgipV with elevations showing depth relative to MLLW 6. Elevations of top and bottom of piles and bulkheads with respect to MLLW 7. An,y special conditions affectinV the construction or affecting boating operations. 7. Owner Builder/Contractor Declaration/Insurance ormation 7. Applicant's/A,gent's Signature ,�ee Date 2/26/97 8. Work can begin once the City has received evidence, of the following additional approvals and Xahye been notified to proceed: OFFICE USE ONLY Approval in Concept Date Approval of the City of Newport Beach Council Date Approval of the Army Corps of Engineers. Date Approval of the California Coastal Commission. Date Approval of the C ty's Public Works Department. Date y // 7 Approval of the City s Building Department'. Date County of Orange Date Vssued. (Permit is stained drawing) Date Site Inspection.( r amrointme t) Dated Site no -Inspection. Date � Conditions: OWNER -BUILDER DE aR�TION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec.7031d.5, Business and Professions Code) Any City or County which requires 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,Division'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 pernalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as tier sole compensation, will do the work, and the structure is not intended or offered for sale '(Sec. 7044, Business and Professions Code: The Contractors 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 prupose for sale.) I, as owner of the property , am exclusively contracting wit icensed 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 with a:Contraetor'(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Pro essions Code for this reason: Owner Signature Date Contractor Shellmaker Inc. Telephone (714) 548-5359 Address 875 "B" West 15th Street, Newport Beach, CA 92663 License Class A&B State Board N0.561434 City License No.96002210 LICENSED CONTRACTOR'S DECLARATION I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professsions Code, and l�.c e in full force and effect. Contractor Signature y Date 2/26/97 C� CITY OF NEWPC-- BEACH HARBOR APP�", ATION Na• z u� sroc., CITY �� J r� � •/P•4M.Q -. x i;/ � � f i'a coo r J •fs'•+si ,30' /2, „s?� /S/1-lir,�i Sour?pin95eXptCSS&a 1.7 A.,/ Orloff ddnofd d�pfhs be%w,:yi�on .Gowci Cow Wofcr. Nlor/w.un. / ron P o f >•i d G7.��•�/� �- 9 e O/vprvx/�"Qi'4/r /o 4-rei MQrbor /�d5 Q�e 'es�ob//'ghod J%l >'h;s seefio.a oFNer✓porf Bbr c.fTEMp�cJ iqf-'oio LF Bid N I II I i '� jJli A �o'� /Lki I'I i 1 1 I ♦ 1( 11 1 i P ♦ J I_I i �fz�• ;.I__I ; 1 N Ia' RA-l7P I I l -fi 1 i � S' 11 v ► t e .e 8 R• S w.4 RT • v T�� 2 WAT 6 .' 28 ✓ 40O+QE'�.9 G7.�9 .Ta �i¢ ' C',y+ A E r ,344- 4.R S 7- 7�97 - a4Tdr CITY OF NEWPORT BED";,C v'; HARBOR PERNAIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF. AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR -PERMIT POLICIES OR NEWPORT SEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PEri'MIT IS NOT TPANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CId l HARBOR COORDINATOR OR C17f COUNCIL, THE AIGH%: GIVEN UNDER THIS PERMIT ARE ?F0SSIVE ONRY AND THIS PERMIT MAY BE REVOKED ! T. CITY IN ACCORDANCE Wi' 1i E UNI AL O g cry 4,01soF. CITY OF NE®YPORT BEACH PERM " t•SRMISSI®N IS H RIE i:c`'w.e: z nn 70 e4laZ STMUCT taNO MAINTAIN THE F{PCMIT `. a a + rv�, N71RE'OF, AT THE SITE �z�x � '"�».. > .; THE HAKSO ANY SPEC —SAL I V . 9`C-'� +, u3 " 3 C C4 ; IS NOT THE CITY H��.� �.s..,�ha t" �� I t Jam :. �. C i' ° � '. a... 1M., AND THIS M'Mr S u s �. Sr': �w ! xJ °�,. s'z 1N ACCORDANCE WiTil TiT=7T O gt C-F CODE. PERMIT NO. DATE Marine Consulting k Design fa FILE it _ I 0y I 7 I, I f � I ICL1-/T251D OF IZL sISTANCC woo - CL=J�I7L 130A7- �,ort�D�t' 4 7 ' I ,DOC/<-- TF Hk z ° .� ai .y _ 5u.. Y.y3 'S3 "� 1S iS Y�r�w cY LOW w�8CON�}C+'�` �i+T'@wo §� w ,x'✓,1st'xc" a9�d.o'v..�F.v` 3 J 43 3 e ¢ 4aii""i�.8s 7 d'ei:6• s no lb a4� dire' eo ,�3D - r ti r-1 r-Z r-i $4 J " ' — 12-318" --- a2i Cir. t p - .� • �pix�eil 4-0 n ao 3/4" chamf©r fog 45 bo t to: PRESTRESSED CONCRETE PILES 12" SgUARE a cQn©nt or cubic Zard _6,000si at 28 d poi----�— - 4-►�-R°J__ At Aransfer FAT=IRCA 2R dia., _270K,_uncoeted stress pp_�(Mt(L seven re strand, 4- %TA -I-- 1�Szminal� es3_._.� i ng , in . JUjpa _ strength _ 270 , CnO p s i .6 1int�tre� _-- 1.62,000 nai IQ�aetl_-- 'f'�5,�000—ps1 197�0g0 - 2 Initial for"_,yer strand—_�9��5U lbe Working stress- _ _ T 1b2,'000 Poi WgKking iorce.,per strar,d25,110 lbs _Tpta1 worklog Torco - - - /00,/14Olba 2 UfeotlYO_ pr93tvBgq_..:.--- --G �BvBi t RBOR -PRECAST COMPANY LONG BEACri. CALIFORNIA CHECKED D E • r R r T -N _. __.. C%�17C SCAtC �rrnov[U DWG NO. 02�r® t; September 12, 1978 Mr. Bill Harris Shellmaker, Inc. P.-O. Box 2025 Newport Beach, CA Dear Bill: We have a special problem regarding the attached dredging permit. It seems there is a large bed of eel grass located approximately 30 feet from the bulkhead line. The bed itself is about 15 to 20 feet wide and extends north and south over several lots. During the dredging operation, this bed must be protected. This can be accomplished by placing the spoils high on the beach so as not to cover the eel grass. Could you contact me as soon as you schedule this project so I can be on the site when the dredging is done.. Sincerely, Tony Melum Harbor Inspector Marine Department TM: II City Hall • 3300 Newport Boulevard, Newport Beacb, California 92603 ir,air nEw ZEac &.-.i7D q 4 E tioa At E C7P of-_... � .._.i�..�•- "�. "C" _�`.� uG-•.�...•-y':.ai! a� .<�a� ®m�'.° a � c..., � �.scdm.s �j-`�]j t •,.v +E°yt s... r' 1----`C"".mf=-�--_. �ifa %c�/�i ff d.�, /O J, ( �\ VICIMITY cam- 11 a �,4 g SKETCH WeFP �Ci7i g r? / 1 Nawaorar Ray CAt IFOCaNIA y e Jaerg _-- 5•0U,17 95 caret c,Uress pc? do fecr ca c� ter ar '' c'efs .'h s !a eicsrr ��eo» L a svcr G o aa� b✓o d�r� sFr/aa,�dF�.cr�o ror �e oPr �i'dc c3 <rou/mrs��a/y !O ,rce•f qQr o, /.iF•ng wire esa'O�/r�ghc�en r/hsg S�C>`ior 6/a'"r4��as✓fC^o�-a� ��t�: e E"I rT � � �� Ca" i_6 f� t� ' � j ! i ' t t' t 1 I i s �J• � .G?� ''�'...�!�, 4.1 f i t E p .;egg },� / � C�, i �'^"'+'•-�- ,+ r �,✓p,y�.,.. / +�l a ' am.�.z'm�,�.+�ra.n f :"� � < �' L�...irZ. ;�•-j•-• � 4 �' ,y �'� 5�. A�: � ,w "4<" � � ✓� ' r :��+'p`o' �� �4r �i+.cd vS � � � .�'�.. n �� fi d L� ' "7i.�+w... @'"." � S..-�F�✓ pal P�"`.',j� ���-. �„✓i � !/ Y �,% l' F,e,.Sb -°^� �t" '�f� /r v' PERMIT NO. DREDGING APPLICATION Project Location: 419 E. Edgewater Cubic Yards to be Dredged: 161 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Place material on adjacent beach Method of Material Disposition• Pump through discharge pipe to disposal fill area. Turbidity ControlMethod: Filter screen around discharge site Effect of dredging on contiguous lbulkheading and beaches Will restore depleted beach. I, Wm. L. Harris , hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. McLaren D. Stewart (Applicant -type name 8/11/78 (Date) Shellmaker, Inc. (Contractor -type name) Ljl?'� Signed: �.. Contractor's Representative Pp La. 00 vd•. / t o E ry IR ®ac VICIAJITr SKETCH m r �iwpORi E3Ay CAI. IFORNdld m /6e'rp 1 SoUnp'in�s ore e.rpresxed in {e�f o.sra' car�nofe &"I-!.ks below Freon Lodoer Low Le/ca r, �v?o�i saa rony�e of f�"dc tdpprr�XionC�cQtY !G ��a�� :=�rardaor- fir7�'S # are csiobl sAed en ¢his Seca`"O" o� fY r✓�ara' cz� U F-eci rI r- f IL 6 r 0 ct� r-7— I CITY OF NEWPON-t BEEACI-1 HARS0111 PERMIT PERMISSIOU !S FERERV C42'Al E, '47C MMNTAIN THHI: VACIMU�'V AT THE Stlfg. THE HArW3,vt'kl ANY SFI is ,K"Qe AND jV5 114 ACCOW- Atf�CE' IoW'M4 5 1-07 aTY'NARBOR COORWINATOR PERMIT -WO. DATE SPECIAL Cam bra a? Eng-Ineem, pw=k ,37-- Orange County Parmit _, t3 F'r�RTMENT OF THE ARMY � a LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES. CALIFORNIA 90053 SPLCO-0 21 August 1973 'Mr. McClaren Stewart 419,E. Edgewater Balboa, California Dear Mr. Stewart: Reference is made to your request of 22 January 1973, for permission to install a pier extension in Newport Bay. Upon the recommendation of the Chief of Engineers and under the provisions of Section 10 of the Act of Congress approved March 3, 1899, entitled "An act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes," you are hereby authorized by the Secretary of the Army to install a 4-foot by 10-foot extension on an existing pier bayward of Lot 5, Block 2, Balboa:Bayside Tract, Newport Beach, -Orange County, -California, as shox,n -on the attached drawing, and subject to the attached conditions (a) through (t), BY -AUTHORITY OF THE SECRETARY OF THE ARMY: JOHN V. FOLEY COL, 'CE District Engineer f cF Yn kit lit S`'� t�i=t' iv.Lo�fj�och /n'iJ" t yVqy I ti �- —^�' higwPOA! Vr p O R T O BAGHOA B�• ��40 " A OCG Mq4 r v ff✓ v t r i jjrr , V I i M i T l +.J k E T C wrsr Jerrr Eq,r 1 Newvoar 5"aY1 CAC tFoRNIA a y s Jirry ag y Soundn95 o.e �r/�rCssed /� `eaf and deno/e R deP�hs be%w ti/eor7 Lorver Low Wo/Nr. ✓ cxl,r,um ! ron9e a/ fide opprox/mor(e 1,>y /O beef "N rboe 4. 7C5 y af-e es/ob//'Shed en r<h:s 5CC,-'1o,7 ofNewroorf 6ajr / "r .;r �.� NEr:" ;' ',C. l.. ✓,�.. ,!t �l /f 7a / YY irk 1. 1 c A74,"w'"ter/ `It _Il71, i 1 _ { ✓C7 g4L7t7,,�"E'.'.9 ,a 7 �`-' , ram; ;:a •{�.,..�, c. ___ re4C7- &'GOOK OT (a) That this instrumentdoes not convey any property rights either in real estate or material, or any exclusive privileges;.and that it does not authorize any injury to private property or invasion of private rights, or any infringe- ment of Federal, State or local laws or regulations, nor does it obviate the necessity of obtaining State or local assent required by law for the structure or work authorized. (b) That the structure or work authorized herein shall be in accordance with the plans and drawings attached hereto and construction shall be subject to the supervision and approval of the District Engineer, Corps of Engineers, in charge of the District in which the work is to be performed. (c) That the District Engineer may at any time make such inspections as he may deem necessary to assure that the construction or work is performed in accordance with the conditions of this permit and all expenses thereof shall be borne by the permittee. (d) That the permittee shall comply promptly with any lawful regulations, conditions, or instructions affecting the structure or work authorized herein if and when issued by the Environmental Protection Agency and/or the State water pollution control agency having jurisdiction to abate or prevent water pollution, including thermal or radiation pollution. Such regulations, conditions or instructions in effect or hereafter prescribed by the Environ- mental Protection Agency and/or the State agency are hereby made a condition of this permit. (e) That the-permittee will maintain the work authorized herein in good condition in accordance with the approved plans. (f)'That this permit may, prior to the completion of the structure or work authorized herein, be suspended by authority of the Secretary of the Army if it is determined that suspension is in the public interest.*` (g) That this permit may at any time be modified by authority of the Secretary of the Army if it is determined that, under existing circumstances, modification is in the public interest. The permittee, upon receipt of a notice of modification, shall comply therewith as directed by the Secretary of the Army or his authorized representative. (h) That this permit may be revoked by authority of the Secretary of the Army if the permittee fails to comply with any of its provisions or if the Secretary determines that, under the existing circumstances, such action is required in the public interest.* (i) That any modification, suspension or revocation of this permit shall not be the basis for a claim for damages against the United States. (j) That the United States shall in no way be liable for any damage to any structure or work authorized herein which may be caused by or result from future operations undertaken by the Government in the public interest. (k) That no attempt shall be made by the permittee to forbid the full and free use by the public of all navigable waters at or adjacent to the structure orworkauthorized by this permit. (l) That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by -and at the expense of the permittee. (m) That the permittee shall notify the District Engineer at what time the construction or work will be commenced, as far in advance of:the time of commencement as the District Engineer may specify, and of its completion. (n) That if the structure or work herein authorized is not completed on or before the 31st day of .December 1976, this permit, if not previously revoked or specifically extended, shall cease and be null and void. (o) That the legal requirements of all Federal agencies be met. (p) That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require action by the Congress or other agencies of the Federal Government. q) 'T1�a`t alb "the'"provi`siorts` of "this'"permit' shaT'l -be `b`inding on any assignee or successor in the interest of the permittee. (r) That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be necessary to record this permit with the Registrar of Deeds or other appropriate Official charged with the responsibility for maintaining records of title to and interests in real property. (s) That the permittee agree to make every reasonable effort to prosecute the construction or work authorizedherein in a manner -so as to minimize any adverse impact of the construction or work on fish, wildlife, and natural environmental values. (t) That the permittee agrees that it will prosecute the construction of work, authorized herein in a manner so as to minimize any degradation of water ,quality. *A judgment as to whether or not suspension, modification or revocation is in the public interest involves a consideration of the impact that any such action or absence of any such action may have on factors affecting the public interest._ Such factors include, but are not limited to, navigation, water supply, flood damage prevention, ecosystems, and, in general, the needs and welfare of the° people. z _ t MARINE SAFETY DEPARTMENT 70 Newport Pier January 30, 1973 TO: JOINT HARBOR COMMITTEE FROM: Captain D. Harshbarger, Marine Safety Department SUBJECT: HARBOR PERMIT REVISION APPLICATION #112-419 APPLICATION TO: Construct a 10' pier extension so that the float can be relocated to a position 10' bayward of the U. S. Pierhead Line. 20/ APPLICANT: McLaren Stewart, 419 E. Edgewater, Balboa Q - / may'%✓ may' + �e •iSG Sr - Si��/ RECOMMENDATION: If desired, recommend approval to the Newport Beach City Council, subject to the approval of the U. S. Corps of Engineers. DISCUSSION: 1. Prior approval)of the Joint Harbor Committee is required on this proposed harbor permit revision because the construction would extend beyond the U. S. Pierhead Line, in an area not exempzed by Section 23 of the Council's Harbor Permit Policies. 2. The applicant has an existing harbor per -,it for a pier, ramp, and.,float.that was built ::,etwetr the U. S. Pierhead Line and Edgewater Avenue. •Ihe applicant has proposed a 10' pier extens cn •.:r`ilch would relocate the existing float 10' bayward of the U. S. Pierhead Line. 3. The harbor facility to the immediate Easz _,-f the applicant extends to the U. S. Project Line (20' bayward of the pierhead line). 4. The harbor facility to the immediate West of the applicant extends 10' bayward of the Pierhead Line. 5. The proposed relocation will preclude the . necessity for a maintenance dredging project. Currently at low tide the rear of the float rests on the sand. The proposed relocation will place the float basically in line with existing structures in the general vicinity. D. Harshbarger, Captain Marine Safety Department DH:lf ref C'Ty OF NEWVPO T R;,., y. ,. i • HARBOR PERflmi`iz PERMISSION IS "EREOY CRANTED TO MAINTAIN THE FACILITY SV0'VVH 01i TU AT THE S9TE I Dg Fy S ��� clTo"��se. tea` �rS W �W THE HARBOR �ICM5 y w a`� v , q IS NOT '� 5 THE C PUG9`'�a rp U k,,g.4'En"n �, �'7,�tw^ ELF 3?:„ �' ,�" ',"✓ r I AND +p q�gE9 € Ay BE Fry O cl NA sonVoii�Yt'�1� � s R ;-, ®i DATE