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HomeMy WebLinkAbout115-0320OP lee '/ / �� i r• zx � �:�t.. �/ � f i l� '�- c i` ,; j ZZ �Za le) ae',<, x F 1 .A , 9 d ` W 19 BUYERS' NAM E(S) - ADDR...,j OF FACILITY: PERMIT # MAILING ADDRESS' - y TELEPHONE NO. FEE _ CHECK NO. DATE j APPROVED BY: _ DATE. APPLICATION ISIHEREBY„MADE TO TRANSFER HARBOR PERMIT ` - - OCHD.- _.., f ' _ SELLERS' NAME(S) BUYERS' NAME(S) -. ENG ❑- - (ABOVE NAMES TO BE TYPED) - COUNCIL - I SIGNATURE OF SELLER SIGNATURE OF BUYER PUBLIC WORKS ❑- - -_ - d _ _ -., ESCROW SIGNATURE OF SLLEI} r p SIGNATURE OF BUYER INSPECTIONFJ F/3_, SIGNATURE OF JOINT OWNER APPLICATION APPROVED (DATE) ' —j CITY HARBOR COORDINATOR SPECIAL CONDITIONS: THIS PERMIT IS: REVOCABLE BY THE CI-TY COUNCIL IN ACCORDANCE WITH TITLE -1 7 IF OF THE MUNICIPAL CODE.. - - - -1 CITY OF NEWPORT BEACH, CALIF. Wx FORM 66.1013'Rev. -BUYERS' NAME(S) ADDR-._o OF FACILITY: - PERMIT # MAILING ADDRESS TELEPHONE NO. FhE ,s CHECK N0. DATE j APPROVED BY: DATE APPLICATION IS HEREBY. MADE TO TRANSFER HARBOR PERMIT I. OCHD - I - El' ENG ; 'SELLERS' NAMES) BUYERS' NAME(S) - I'- - _ (ABOVE NAMES TO BE TYPED) El - - ,COUNCIL -- PUBLIC WORKS SIGNATURE OF SELLER ',\ SIGNATURE OF BUYER - - t ESCROW. - SIGNATURE OF SELLER SIGNATURE OF BUYER - - INSPECTION_ _ ' g - - SIGNATURE OF JOINT OWNER' 7-7 APPLICATION APPROVED (DATE)L,7,111 0 CITY HARBOR COORDINATOR - SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE.-1 7 OF THE MUNICIPAL .CODE.- - - - CITY OF NEWPORT BEACH. CALIF. wz FoaM-er•1ota xev, t Mar 6 2012 13:08 P.04 - x -.v R5TURN HARB OR 1p, TRANSFER APPLICATION 829 Harbor bland Drive Newport Beach C•A 92660 Date of AppOcaton; ,>. Permit Number: l i S -3 -o 'Property Address:. .316 Buena. Vista, Newport Bench, . CA 92661 **Bu /errs MaMIDS:. MARX HILBERT AND JANET'M. HIIBERT Billing: Address; 1300 Rr, i ;NTO _ 'Telephone .No.-: 2rn - Q ID Buyer's Signatures:.4/L�� 4Le_�� . Seller's Mimes: PiExxE ANm&E SENIZERG9Es seller's. Signatures.: Joi t Owner Signature: Escrow-14 Company. WEST COAST ESCROW ce7' ti "Address 14o Newport centerDr., #100. Ne!N qrt Beach,. Ca 92660 'TtcroW NuMb6r' **Faz �49 721--5010 Closi ' g Date (Esfirnate). 2=23-1 *STAIRRED ITEMS MUST'BE.COMPL.ETE TO' BEG1N TIDE PROCESS' inspection Date: Re.inspection Date., Fee P. .eckNdt Y Ap lication Complete- Har'bor Resources Sisriafur&Date. - - CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 April 10, 2012 West Coast Escrow 4&54 Fax 949.721-501011 Re: Pier Permit #115-320 O 316 Buena Vista Escrow # ST-04053-J M Dear West Coast Escrow, 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. Thank you for your help. For further assistance in this matter, please contact this office at 949.644.3044. Sincerely, 4;sa A/a&ems Lisa Walters Harbor Resources INSPECTION FORM Harbor Resources Department Date: CjZ 1 Inspection Requested By:¢,__ Inspector: Pier Address: �� W—T -1ti y� 64— Pier Transfer GFI Present Anti -Siphon / Backflow Present Other Comments 4 / ( Reinspection , Need None Needed Yes Need V ✓ I Eelgrass 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 CF Number Location on Dock Comments / Observations Other Request 64- J y .J�,� &,Dar - Map Output Page 1 of 1 http: //www6. city.newport-beach. ca.uslscrvlet/com. esri. esrimap. Esrimap? S erviceName=n... 02/ 14/2012 Mar 6 2012 13:08 P.03 r 4 Ile "a` °1 HARBOR PFRIT.T TRANSFER APPLICATION Vr 829 Harbor'Island: Drive ?New orf $each p CA 92660 at of Appl.ica.ton Q-1 u(D- Permit, Number: :-`. L 'roperty.Address: 316 Buena Vista, Newport Beach,` CA 92661 **buyers Names: MARK HIL,BERT .AND JANErX X. HT-LB. "RT Billing. Address:. Telephone No.: Buyer's Si:griatures: "Seller's Names_ 3ellees Signatures.:. Joi t Owner Signature - "Escrow Company: WEST COAST ESCROW **Address 140 Newport Center Dr. , #100,.:Newpbrt Beach, Ca 92660 Escrow Number: $T-;-04053 LJ- R :11 `*Fax #: '949 721-5010 Clos-i g Date. (Estimate): 2-23-12 . - * *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS, Inspection: Date: Reinspection Date: Fee Paid: Check No: Ap lication Coma plete.: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach municipai Code, Mar 26 2012 17:26 P. 02 TRANSFER APP41CATIOv 829 Harbor Island Drive Newport Beach,'CA 92660 tv *Date of. 11c6fo Q d 1 emit Number. l s.�..v.... ,:.. , ::.:... 'Property "Buyer's Names: NW,, HILBERT AND JANET H. HILBERT Billing Address:: 'Telephone No.: �.-Buyer's: Signatures: ��. '*Seller's Names: Seller's Signatures: oint:Owner Signature.. ....-.. .. •: .._ --..�..:.. ....=: �.: �_.: :.::.ter *Esclrow Company: wEST COAST' ESCROW **Address ' 140 Newport Center Dr. , 140.0; 1Tewport Beach, . Ca. 92660 "Escrow Number: ST,04053-.J Fax 949 721-'-5010 sing Date (Estimate): 2-23-12 RRED.-ITEMS MUST BE COMPLETE -TO BEGIN.. THE .PROCES.S. Inspection Date: Reinspection.D.ate.:. Fee Paid: Check No: ppfication Compleie: Harbor Resources Signagureldate Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport.Beach Municipal 'Code. . Mar 26 2012 17 : 2 6 P. 04 Vill: HARRnR PPI?7tATW TRANSFER APPL ICAHON 929 Harbarlsl an4. Drive o%.g. IZ CA'n;*,r �il. Ti460 X. **Date'of AnDlic'al6h- Der.;I- 'Setlers Names:, Seller's Slanaitures:. ...... ... .. ........ . ... . ... .. . ...... . .......... .. . Joint Owner Signature:, **EscroW'Corhp'any:,I WEST.COPT 13SCROW "Address JAP.vqWP -.4n,:.Newport B P- 50 !!;Ik;. Ca 926r 'Escrow Number: ST Fax' #.,.,..:949. 721- QIosing Date (Estimate):., Z-23tl-�. 7 - *STARRED ITEMS MUST BE COMPLETE TO IB5GIN--,T:HM:PR0CE PROCESS. Insp66fioh Date.-.- ReW;pecrjon Date: Fee Paid: Check No: 'Application Complete: .... ...... .... .. . .... ........ ....... . .. Haf h6j, Reab i� signa hire/Pa re sped4l Conditfons: ThjsP4EV7nff is Mvocablaby the CffyCouncil in accordance with TjU& 1 ?of the Nevspblt -Seaqh Municipal Code. W Po— cq<<FO V, March 12, 2012 West Coast Escrow Fax# 949.122 -'dap Re: Pier Permit #115-320 316 Buena Vista Escrow # ST-04053JM Dear West Coast Escrow, CITY OF NEWPORT BEACH Public Works Department Harbor Resources Division The above dock was inspected by 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. It needs a new testable Backflow Prevention Device installed (please see diagram). 2. All three joint permittees of the pier must sign the transfer document. Please include and identify 318 and 320 Buena Vista. Upon completion of both conditions please contact this office for a re -inspection. Thank ycu for your help and if you require further assistance in this matter please call 949-644-3043. Sincerely, Shannon Levin Harbor Resources Supervisor 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 a www.newportbeachca.gov Mar 26 2012 17:26 P.01 EST COAST ESCROW AX o: City of Newport Beach Harbor Resources Division Fax: 949 723-0589 Date: March 27, 2012 [x ] Urgent [ ] For Review 140 Newport Center Drive #100 Newport Beach, CA 92660 Phone (949) 721-5000 Fax (949) 721-5070 Email:•fulie.mcrnfllanQWestcoaste$croW_com From: CAROLE L SEULKE Pages: 5 Escrow No. ST 04053-JM [ ] Information [. ] Sign. & Return Only 316 Buena Vista Boulevard, Newport Beach, CA 92663 ansfer Application signed by the buyer, seller and two.joint ownesr. ank you, FOR QUESTIONS OR COMMENTS REGARDING THIS FAX, PLEASE CONTACT ME AT (49) 721 -5000 OR FAX TO (949) 721-5010. qC NFIDENTIALITY NOTE: The information transmitted in this facsimile message is intended to be confidential and for the -use of onl the individual or entity named above: Any review, retention, dissemination, distribution or copy of this telaaopy by My person or entity, other than the recipient is strictly prohibited. If you have received this facsimile In error, .please notify us Jrnmediately by left phone and return to us the original facsimile includfng any attachments at the address above via U.S. Postal service without cof ying or disclosing the contents. Thank you. 7. BUYERS' NAME(S) ADDRE- 1F FACILITY: - l9ewport Beach.w PERMIT # / ,.CHECK NO I DAT14, APPROVED BY: DATE APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMITOCHD SELLERS' NAME S) BUYERS' NAK (S) (ABOVE F MES T.O BE TYPED)- ENG El COUNCIL PUBLIC WORKS El SIGXATURE�,dF" SE4LER r dF1AT R OF B DEPT. ESCROW � a INSPECTION SEW PORT ° CITY OF NEWPORT BEACH ,V P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 P <i FORS'/ August 23, 1996 Heritage Escrow 23 Corporate Plaza Place, Suite 120 Newport Beach, Ca. 92660 RE: Harbor'Permit 115-0320-1, for 316 Buena Vista, Newport Beach, California Escrow No. 8661-JM Sirs: Regarding a pier permit transfer for the property located at 316 Beena Vista, the structure was re -inspected on August 23, 1996, at which time it was determined that it conforms to City standards. Once we have the Transfer Application card, with both the buyer and seller signature, and all of the joint permittee signatures, the balance of the transfer fie ($150) , the permit will be transferred. Sincere1 , W s Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach PO °�I e CITY OF NEWPORT BEACH • P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Cq<� Fp RN`P July 23, 1996 Heritage Escrow 23 Corporate Plaza, Suite 120 Newport Beach, Ca. 92660 Re: Harbor Permit 0115-0320-1, for the property at 316 Buena Vista, Newport Beach, Ca. Escrow # 8661-JM Sirs: The City of Newport Beach Marine Department has received a request to transfer pier permit 0115-0320-1 for the property located at 316 Buena Vista, Newport Beach, California. The facility was inspected by a representative of the Newport Beach Marine Division on July 19, 1996. We cannot transfer the pier permit until the following deficiency has/have been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. A City -approved anti -syphon device is required at the water connection for the water supply to the pier and float. A sketch showing the approved type of device and its installation is enclosed. This requirement is in accordance with Title 17 of the California Administrative Code. The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, 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 transfer of the permit." PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE BEEN CORRECTED. P ase call 644-3044 to request a re -inspection. Sincerely, i Wes Armand,"Harbor Inspector 3300 Newport Boulevard, Newport Beach July 15,139O City ofNewport Beach MARINE DEPARTMENT Attn: \NeoArmund BE: Escrow No. 8601 JM Dear Wes, 23Corporate Plaza, Suite 12O Newport Beach, CA 92660 (714)640-2225 Fax (714)720-8012 M-2, 1 "14 7 Please beadvised that vvehave anescrow opened regarding the property known aa 316 Buena Vista Bdu|evard. The current owners are Phillip D. and Mary Rowe, the new owner will be Pierre -Andre Sanizergueu. Escrow io scheduled to close on orbefore September 4, 1886. Enclosed iaacheck for the Marine Department's inspection fee, inthe amount of $150.00. Kindly complete your inspection of the property's pier/dock/slip and send your written report to this office. Feel free tocontact the undersigned ifyou have any questions or are in need of any additional information. Ve�)truly /`Jal|m McMillan Escrow Officer CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 TIDELANDS - PIER PERMIT r ` ROWS, PH IL IP /-A' 316 BUENA VISTA BLVD BALBOA, CA 92661 STATEMENT •---of 7� LOCATION OF PIER: 320 BUENA VISTA BLVD ANNUAL FEES - BILLED OC11311995 PAST DUE PENALTY INVOICE 1995-02 BALANCE DUE TOTAL AMOUNT DUE: PIER NBR: RP11S03201 RUN DATE: 08/11/95 $23.31 11.66 $34.97 $34.97 DIRECT ALL BILLING INQUIRIES TO THE FINANCE DEPT AT (714)644-3121 AND ALL OTHER INQUIREIES TO THE MARINE DEPT AT (714) 644-3044. PENALITIES WILL BE ASSESSED AT 25X OF FEE FOR EACH MONTH DELINQUENT, UP TO AND INCLUDING 100Z, IN ACCORDANCE WITH NEWPORT BEACH MUNICIPAL RESOLUTION #8753. Please detach and return the lower portion of this invoice with your payment .............................................................................. ANNUAL PIER PERMIT DUE DATE: 09/01/95 ROWE, PHILIP TOTAL AMOUNT DUE: PIER NBR: RP11S03201 $34.97 MS.RP11503201 3497 P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 s, 1991 Mariners Escrow 4 Corporate Plaza Newport Beach, CA 982660 Escrow 7652JM Dear Sirs: The City of Newport Beach Marine to transfer pier permit 0115-320 Buena Vista, Newport Beach, CA. 10/1/91. i Department has received a request for the property 'located at 318 The facility was inspected on e' We cannot transfer the pier permit until the following deficiency has/have been corrected: and WE HAVE BEEN NOTIFIED OF THE CORRECTION:' f 1. A City -approved anti -syphon device is required at the water connection for the water supply to the pier and float. A sketch showing the approved type of device and its installation is enclosed. f The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical7and structural requiremenmts, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." A permit for plumbing or electrical work may be obtained from the Building Department of the City. PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE BEEN CORRECTED. When we have been notified, the structure will again be inspected and when the requirements have been met the pier permit will be transferred. Included in requirements for transfer of the pier permit is the $300 transfer fee and the signedtransfer card. t„ 4 You can telephone 714-644-3044 to request a reins. ection of the structure. If you have questions; please call this number. Wes Armand, Marine Department Please note that this is a'joint owners whose signatures must be permit, there are ;two other joint on the transfer card. 5� a <j 3300 Newport Boulevard, Newport Beach 4 J-0 STATUS SHEET HARBOR PERMIT TRANSFER LOCATION c�! v PERMIT NO. C�3 Buyer Seller 2 ye .� Cate Application Received: t7 - _Date Fee Received: 2 7 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. Location 2. Plumbing: 3. Electrical: 4. Structural: 5.OTHER: Deficiency corrected: REMARKS: . A Inspected by' , �! P0�T C,g41 Fo FIN�P CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 January 18, 1991 Philip Ramser 318 Buena Vist Blvd. Balboa, CA 92661 Re: Harbor Permit 0115-0320-2 for property at 320 Buena Vista Dear Sir: The Newport Beach City Finance Department has informed me that the annual Pier Administration Fee for 1990 for your harbor facility has not been paid. The Newport Beach Municipal Code states: 17.22.050. B1Penalty for Failure to Pay Fees. Any owner or permit holder who fails to pay any fee required by this Chapter within thirty (3) days after same is due shall be subject to a penalty in the amount of 25 percent (25%) of said fee on the first day of each month after the due date thereof; provided, however, that the amount of such penalty to be added shall in no event exceed one hundred percent (100%) of the amount of the fee due. Failure to pay the fee plus any accrued penalty within one hundred and fifty days (150) after the fee was originally due shall constitute grounds for revocation of the permit by the City Council (Ord.1801sl (part), 1979; Ord 1667sl, 1976; Ord 1387 sl (part).1971).90 Therefore, you are hereby notified that this 'matter will be referred to the Newport Beach City Council with a recommendation from the Marine Department that the Harbor Permit for your facility be revoked if the fee and any penalties have not been received by the City prior to February 15, 1991. Upon revocation of a Harbor Permit, action may be taken to remove the structure in accordance with Chapter 17.24.100 of the Newport Beach Municipal Code which reads: 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 therefore 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 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 3300 Newport Boulevard, Newport Beach the cost thereof may be recovered from the owner of such structure in a civil action. (Ord. 1090 (part),,.1964; 1949 Code 10404)." If you have any questions regarding the above, please call me at 714-644-3044. Sincerely, Tony Melum Tidelands Administrator, Marine Department MS SET 'ABOR PERMITS 2. Plumbing: 3. Electrical :—n-'L, - - 4. Structural:—(2L I Cf r M. 2 V V oR' NEfYPOtPT BEAC/y 1 h ;i 0 to -*N Jv i yT ML1.4--' NIwMI *^O,R,, Q 0.. Iwt10A D 0.00 PIZ �M lLIN1 V 'I #Boos.TC 1�f •7 t Cif�,tA. �a r- G A= wow isrrr � � /"-so• VICINITY SKETCH i;t cw.l�rr 3l . Newiotrr $•4Y CALWOOLMA y� / Sou�dlnys are IAppersed in feel and d•.►ole dipt/,= below WCQPr Lo„rer Low Wale.. Alfaxen.t/•n \ n9c of lick opProx/moi.Iy /O +/es�f Hor/ior. \` or ealo6/r'5J+ed iir 1�his , secfio s of'VdW, 1 So,. S_/�,C'nTEC�L%./E T_j i • Ju •` )�• Sac Dr ISi c+.v V' �._��• '3/G, nJ /.S� °FAST 4 2. $'r, 3 °. Uf. PA t "Vc- - ✓i°vt,2.r �.lO LoT: /G� BLK.• Z-CA .vT'S.: At)1► /hr�r.�n till. rr•r'.. Cc ADD�BSS 3%%„,?1 �• 3�fl lah.N.d �i",'.l vrArACrC�t: .�:.1;+�'iP('Jk`.au:..�am.a�.M:r:. ryuM1...4o+�MdMY•s,r..R.K?* •.wrv+ir•u- •:•,rywi o,.,.<:. ", C.crf OF RtWP0RT BEACH P£Rt�!lsnlalV I:; PP`r"Sy ..... T T w MA3, +CTAIN F • C'.';jai ..� (f7 7rA+: P; f i� r i kHt~ AT THE S!a THE HAR3 Ii fi Y • [ii. ANY SP C•IlL C* r, ,rtc<< 3. s :, ..t- ��I:S'• ly NOT TP;L??jr•,^ THE fCjr CStt c e C '� 41GF/TS AND THIS, IN ACCORDANCE WITH . tiDL:. /O 3 � - f MITI: Cow 01 Engd.:.;rs Perr.- Ores c6unt, Perm other CI r Y oi' Nzwpayr &,c,4cH Iw U r �o N E w is IrN ,tLAAip p ,. •,. • c � c•e Ifs/'Y O c osc V I C I IV I T,Y .SKETCH wttr "7Tr NfWPOOrr bAY, CAL IsoaMwq jerrr \ SOuhd/ qs are fee/ and dop 0.4 b e/o w Meow Lo rvsr G o w Wo ��r. /vloxr.rrun \ nye of fide opPrvx/nTo�./y /D +/re{ Hor6or /.ices o ��ob/ ' av �h:s , secst/on ofNcwporf SoJ: BA`!� / i �., lJ._�/•%�'07",.=ram L/�n/� � (� rrT i tip r / • ,�, -,, 2A4?P � / � 5f �. d? I � PEE S , � • r�s-Q i Da0 4 J/ S0l3D( rS/oTol� rr3Lc,�l� 'f(/ n 0 /UN/L �Cv u)E, J�f//L /�f11trSE62 /.`.�"csa'� f :; `� sv(3DIVrSru.�J �G /�%tGJf�lr2T CA/�S 64 e, • T/eACT: L/ rCr AODesss : 311- , 31$ � 3?S) (.�96A)A coAl-nmcro.e : s, lie q O-A7 M L Lv-7 - ,�;�. Q SEW Pp�T D CITY OF NEWPORT BEACH , J z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 CgG1 FOFN�P March 21, 1990 Each year the City of Newport Beach sends statements to the holders of pier permits in Newport Harbor notifying them that the annual pier permit fee is due. Two statements have gone to this address and have been returned. We conclude, therefore, that the permitee is not the person or entity shown in our records. The City Council Harbor Permit Policies state: 10. "Permits for harbor structures are issued subject to the condition that any improvements constructed shall not be sold in whole or part, leased, or transferred, without the written consent of the City"., and 4.C. "The permit is not transferrable without the written consent of the City of Newport Beach". 10.D. "At the time of transfer, 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 transfer of the permit." We enclose "Instructions for Pier Permit Transfer". Please contact the Marine Department for further advice on transferring the permit for a pier, if such be necessary. If we need only make an address change, please inform us of the correct address to use. We call attention to the enclosed statement from the Finance Department of the City. If you have questions, please call 644-3044. sincerely, Tony Me m Tidelands Administrator 3300 Newport Boulevard, Newport Beach WATERFRONT CONSTRUCTION City of Newport Beach P. 0. Box 1768 Newport Beach, CA 92658-8915 2410 Newport Boulevard Newport Beach, California 92663-3798 Telephone (714) 673-1960 Controdors Ucense No. 451559 January 18, 1989 Attn: Tony Melum - Tidelands Administrator Re: Revision to 316, 318, 320 Buena Vista Pier and float. Dear Tony: Enclosed please find the revised drawings for the above referenced. Please note that the only changes are the two dimension corrections. Feel free to contact me at any time. Sincerely, TRAUTWEIN BROTHERS WATERFRONT CONSTRUCTION ----------------------- Sa el F. Kniss Cl T y d'cwew rg zogg eoe.4 1w, 1O2a/-�rLc -- / = So U lr` `. _ L l..U---7 Ntwtsn/ *� IfI P G oq; ! TQ O Iw[AOA O. O L� .�/LL fN /StANO D A Iq `�.. C' hcLi� � C, GOfINI VICIMITY SKETCH "r4r1''9rrr Cwse Nrwooar aAY CAL WORNIA t > id-r'Y \ So[!nd/+�qs ore e^rpressed /n Gael and d+nofe diptl+s below peon Lower Low Wofer. Mar.,'"Um n9e of fide opProxi•no�le/Y /O,"eef Harbor 4ices /6. * qr e��lo6/r'shed l.7 .1h:3 . secfion of'Newvael Bob: iv P/GE /h7 t 0' S, 1 I w 1/7liry , o T v � 1 4. Z.'£ Ncwa°v,.2.7" �y/L ,P_o t_aJE., l�///� /•�f)/t,.: L:•<= /:'��i! � 5`� SJaO/VrS/o �J �G, /(/£tlJl''klr?.J' Ap,OL,1CA,L1rS_ A1,4,WA/�n, llo�en,n hf ,.c,.r'.�. G o r: /L n 6 7;2AC7': >'l�r, 1^ 2-o IaJcrN;� r _ ;,iJ C ,crr' ACTot,e • %f/1? �r r) D.A7,C. 9 & .✓ae AeezeSS : 8 3 Li December 7, 1988 Tony Melum Tidelands Administration City of Newport Beach PO Box 1768. Newport Beach, CA 92658-8915 Re: Revision to 316,318, and 320 Buena Vista Pier and Float Dear Mr. Melum, On May 23, 1988, the City Council approved a revision to a pier and float 'located at 320 Buena Vista as referenced by the attached City diagram. This diagram showed that the new float would be located 15 feet from the joint property line of my Lot 161 and Rowe's Lot 160, with a five foot float and 17 feet from the Field's float on Lot 157. I rehired. Mr. Rowe's civil engineer, Donald E. Stevens, to verify the exact location of my float from our joint, property line as outlined in the enclosed survey. This survey shows our float to be 7.22 feet from the property line and their new float is only 10.28 feet, .not the approved 15 feet. It is requested that the float be adjusted to stand 15 feet from our joint property line. There :..ar.e_.now.;three."families� using .;t.his water area. Thank you for your assistance. Sincerely, Ronald P. Merickel 314 Buena Vista 'Balboa, CA 92663 722-1000 cc: Coastal Commission -Permit #5-88-451 Newport Beach City Council PERMIT NO. DREDGING APPLICATI/OjN ,p I Project Location: 216 319 �' � � ��5 �Q/����.• Cubic Yards to be Dredged: o2710 Method of Dredging: Nature of Dredged Material: sa_,'� Disposition of Dredged Material: f!%a c:r_ P� al Method of Material Disposition: Turbidity Control method:_�r� r �CrP�i, ®e^c �c� c7�,ce/6 25e. T l -- Effect of dredging on contiguous bulkheading and beaches I, /_Orf")7�0 C, Alle , 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. App scant-ty e name Contractor -type name) D %d�- Signed: C "t'/P/' (Date) ctor s Representative 1151�31 5/ CI r Y Aomoaer d ewcH , I O'(W 4 ra-gogg ,� S/ TE aa•s� • I . / 114 V y r� e• � I �T � �V1 L Ltw� wwwMi ♦� �w.r � o '�;. Q 0 �wcl•A D \, � G. O o ♦ik, rN +e.�wi Q ' S Y I1, • �wt , Q. `o � 1� I• sw � Q Prof.64 Prot,% a t.�.,►. Q w Est rk d AR � f �. c�� N V I C I N I TY SKETCH Nrwiowr bA'Y CAL iFommiA y Jsr� %als/ rKcr tr; &70 s'ouno"ngs are o rpiessed to row once OfWag/e, di'o"As below Meaq Lower Low Wof�r. MQ,rariww► rryr airamide o /rv�c/h+o�ofy /O +/1rei Horbor /.'yes or a �o6/is�+oo�iii �iriis , s'e4'/ion oPNawlnwf Boj:. TA Ito I ' rSi nw o f ek-c cic 'A / n ,EA S7 N�wrpv�_r /CANTS Aun I.i. ' oT: /do BGK0' %tAcT: 57,& A. ('dMsl-imc7vrs ✓00 AeDzeSs Zo 6agMA ila. sU Ca"r*Aerea; . OATE:./0 /0 88 p�MMISS!,01M. 7 AT 7r,E" T'NE A N A B VY 1, . .. ....... ISSUED SUSS ,"r To I k IATt DREDGE -RIAL e:tjNa HAULED ; 0" SE -A PLA,CED Ol I BTE�ACH V- 7 -2-7- MERICKEL DEVELOPMENT 129 CABRILLO STREET SUITE 200 COSTA MESA, CA 92627 TELEPHONE (714) 722-1000 September 20, 1988 Tony Melum Tidelands Administrator City of Newport Beach P. 0. Box 1768 Newport Beach, Ca., 92658-8915 Re: Revision to 316, 318;&:.320 Buena Vista pier and float Dear Mr. Melum, The reference revision to the pier and float at 320 Buena Vista went before the City Council on May 23, 1988. I am a resident at 314 Buena Vista and would appreciate a copy of the application and condition of approval as accepted by the City. Please let me know if there is any charges for this request. Thank you Ronald P. Merickel 314 Buena Vista Balboa, Ca., 92661 Enc PLANS RECEIVED FROM COASTAL COMMISSION - July 20, 1988 1. Phil Rowe, Phil Ramesir & Norma Miller/Trautwein Brother Waterfront Const. - 5-88-451 316, 318, 320 Buena Vista, Balboa Cl T Y off' Nwiwo/Pr BEAcN Q� � �i�j IL��,�',o Mp.o0 17"v 6 S/ Tom' U wL✓/IAA +o��' N F A G R•'' IwtOoA /Ilt It,�r'y 4 /,LAA/p D c � ce•. p �, _ .0 / Fq N � �R O� L C V I C I N J 1 T Y SKETCHwtsr ICrrr � EAsr „_ D / S r �ic-S' iLr�r a �,���; �ls NLwroar BRAY CALIFORNIA Y� i Soe/ndi" ys ore eXpressed no �Qef and d..so�e - dip s h e%w tireoP7 Lower Low Woyler. MOXM.Ki n nye of fide oPProx/sod./Y /O +GQaf. Horbor /Giles or eaiob/l'shad /s �/+%s , secfioH oPNeW,~l Sor /7 ` New lac r SAL,) ) WS J:a 7 !/ �C`�� fir � �ry�\' J,' I ' I �`� f%' S P/c�� !•IE.t). it 41n/6 'Yw'1Qy'� EPA /�.�1 3'><Lo� T� / ! 2A41P CITY !!ALL 3I B Iro''WF°BBT BLVD.`''� UEWFORT BEACH. CA fl266� 39 /jLVO 3 UT"' �j/ �QYJ ✓`'U%3�f ! $/Old 'A / �`_� ` 3 Ze - •3 ZZ , GUN/L iCOV)E, !�f//L /�/)ltrSEG2 /?'�i, 1 .`;`� SJQOIVrSIt.�nJ vG, /(��rGli'��Jr2y Acr: APPL / G'A.vrS A!J» Afel t?/tt A !ll r. r. r' P.- G o r-: /G n BGk,' TR r1I"2f11..<� 5 r;. (�TCRGc.•t1J (j/' ;r JoB AOD�'ESS : ,a: S,� Al K/.1! r5 O.ATE:3 9 COAlreACro DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS REPLY TO July 1,. 1 goo ATTENTION OF: Office of the Chief Regulatory Branch Trautwein Brothers ATTN: Samuel F. Kniss 2410 Newport Boulevard Newport Beach, California 92663-3798 Dear Mr. Kniss: Thank you for your letter of April 26, 1988 notifying us of your intent to replace an existing pier, dock and ramp in Newport Bay at 316, 318 and 320 Buena Vista Drive, Balboa,.California. Your project has been reviewed and generally conforms to the provisions of General Permit 88-004 for repair and renovation of boat docks in Newport Bay. Providing you have complied with State and local laws you may proceed with the work. Your proposed work has been assigned General Permit No. GP 88-004. If you have any further questions please call Robert Burns, Regulatory Branch, at (213) 894-5606 A copy of the General Permit is enclosed. Sincerely, R)J,- 4LIQ Charles M. Holt, P. E. Chief, Regulatory Branch Enclosure STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 WEST BROADWAY, SUITE 380 LONG BEACH, CA 90802 Date: June 8. 1988 (213) 590-5071 TO: Trautwein Brother Waterfront Const. _ 2410 Newport Blvd. Newport Beach, CA 92663 SUBJECT: Waiver of Coastal Development Permit Requirement/De Minimis Developments -Section 30624.7 of the Coastal Act Based on your project plans and information provided in your permit application for the development described below, the Executive Director of the Coastal Commission hereby waives the requirement for a Coastal Development Permit pursuant to Section 13238.1, Title 14, California Administrative Code. If, at a later date, this information is found to be incorrect or the plans revised, this decision will become invalid; and, any development occurring must cease until a coastal development permit is obtained or any discrepancy is resolved in writing. WAIVER # 5-88-451 APPLICANT:Phil Rowe, Phil Ramesir & Norma Miller LOCATION: 316, 318, 320 Buena Vista BALBOA PROPOSED DEVELOPMENT: Demolish existing residential dock pier and ramp and construct a new dock, pier and ramp to be used by three neighbors. RATIONALE: The project is compatible with the neighboring dock, is proposed with in the U.S. pierhead line and is consistent with the tide land lease agreement; and is consistent with the Commission's previous action. This waiver will not become effective until reported to the Commission at their. July 12-15, 1988 , meeting and the site of the proposed development has been appropriately noticed, pursuant to 13054(b) of the Administrative Code. The enclosed Notice Card shall remain posted at the site .until the waiver has been validated and no less than seven days prior to the Commission hearing. If four (4) Commissioners object to this waiver of permit requirements, a coastal development permit will be required. &t4Ltf. y: CHARLES DAMM South Coast District Director cc: Commissioners/File 6114A May 23, 1988 TO: FROM: SUBJECT: CITY OF NEWPORT BEACH Marine Department MAYOR AND CITY COUNCIL Marine Department HARBOR PERMIT APPLICATION 115-320 BY PHIL RAMSER, PHIL ROWE, AND NORMA MILLER TO REVISE THE RESIDENTIAL PIER AND FLOAT BAYWARD OF 320 BUENA VISTA. Recommendation: If desired, approve the application subject to the following conditions: 1. That the applicant secure the approval of the Army Corpy of Engineers 2. That the applicant secure the approval of the California Coastal Commission 3�. That any plumbing or ele+trical work done on the dock be done under a permit ".pproved by the City of Newport Beach Building Department 4. That any vessel(s) berthed on the west side of the proposed dock be limited in its bayward extension so as to not encroach across the bayward extension of the common property line between 316 and 314 Buena Vista 5. That the applicants acknowledge that this is a joint pies shared by properly owners at 316, 318 and 320 Buena Vista, and that the permit shall provide that all parties shall have equal rights -under the permit and shall be held jointly responsible for all compliance with all rules, regulations and conditions set forth in the permit. Discussion This application is before the City Council as,required by Section 5.B. of the Harbor Permit Policies, which states: 5.B. "Prior approval of the -City Council will be required before the Marine Department may issue anypermit that does not conform to standard drawings and the adopted Harbor Permit Policies." Currently there is a pier and 'float bayward of 320 Buena Vista. Because of the curvature of the U.S. Bulkhead line in this particular location, the pier originates at 320 Buena Vista but encroaches across the water areas bayward of 316 and 318 Buena Vista, as depicted in the attached drawing marked "Exhibit A"."To obtain a more efficient use of the pier and float in this location the applicants are proposing that the pier currently in the name of Norma Miller and located at 320 Buena Vista be relocated bayward of 318 Buena Vista and be designated a joint pier and be available for use by the joint-permittees bayward of.316, 318, and 320 Buena Vista. This configuration would allow additional berthing at the location and a better use of the water area bayward of the three lots. The new configuration of the pier and float is shown on the attaened drawing and marked "Exhibit B". David Harshbarger Marine Director - Tony ,Melum Tidelands Administrator P��T l7 CITY OF NEWPORT BEACH U P.O. BOX 1768, NEWPORT BEACH, CA 92658-891.5 P cq(JF May 13, 1988 Dear Buena Vista Property Owner: On May 23, 1988 at 7:30 in the City Council Chambers,.. in the City of Newport Beach,the City Council will consider an application by Phil Ramser, Phil Rowe, and Norma Miller to revije the residential pier and float bayward of 320 Buena Vista. A diagram of the proposed revision is attached for your information. If you have questions regarding this application, please contact me at 644-3044. Sincerely, Tony Me'lum Tidelands Administrator Iwrl14 cws Lrtvl wjQL wa ocwroof GHAriJFa. I I r' b� 1 I I 1 1 �ELphA16+( WLlaUo G r 0 NOV 22 IRS . `""o'o F,d' `2'i�cr•� • FOWO NAIL 94 O•iV Wh(i Nbt IL Irv.(�W) .-TOPOGRAPHY (PARTIALS • lP, Fwl t F6v. lw " Wf 161. UOU! A )Er <-0-0 s' 1 • tK, W uM ocd,oN 1A•4 aocuo u+ 6[GL,oN twL fA r N Lwe ' Z14 SUENA VIVrA 6lvR pd1%Ib 29L DONALD E. STEVENS, INC. 4 3 uuaI CIVIL ENGINEERS' [617J14t • R 17941 SKY PARK Ct RCLE. STE. • _ IR VINE. CA $2714 714-250-lE4i ' .1"•Ib• 11-it•t58 w.LCA 2S19 STATE OF CALIF(MMIA - GEurtGE &UKffJIAN Governor STATE LANDS COMMISSION 1807 13TH STREET SACACRANiENTfNTO, CALIFORNIA 95814 Trautwein Brothers Waterfront Construction Attn: Mr. Samuel F. Kniss 2410 Newport Boulevard Newport Beach, California Dear Mr. Kniss: RECEIVED MAY 2 3 1988b- �1 City Manager City of New^ott Beach 92663 Subject: New (3) Pier, Dock and Ramp May 10, 1988 File Ref: SD 88-05-02 G 09-02 The staff of the State Lands Commission has received your letter dated April 26, 1988, and attached drawing relative to the proposed pier, dock, and ramp at 316, 318, and 320 Buena Vista, located in the City of Balboa. The tide and submerged lands over which the proposed project will extend are sovereign lands of the State of California that the Legislature granted in trust to the City of Newport Beach pursuant to Chapter 74, Statutes of 1978, and as subsequently amended. Therefore, you need not apply to the State Lands Commission for project authorization. You should, however, apply to all other agencies having approval authority. This action does not constitute, nor shall it be construed as, a waiver of. any right, title, or interest by the State of California in any lands under its jurisdiction. Please contact Nanci Smith, at (916) 322-7193, if you require additional assistance. Very truly yours, LESLIE H. GRIMES, Deputy Chief Division of Land Management and Conservation cc: Robert L. Wynn, City Manager City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92660 57371 EXHIBIT B Cl T Y �� �°��®ter dx.4clv z y. II � •1OOV X r .: AV L T O %l .vXur�a. 11w[Oo / A i e Iy - a lB ` ss•as' 'ic7 CS- er, •i- 1 A Co4e.va r. r V 9 C I M E iY SKETCH Gorr -Sa Nrwmoar DAY, CAL IFOQArfA yq / a Jrrir a �` Sourvdrn9s. ors e.rpicssed /n faeTr and dmrr.9/e y:�dhs below /NICO#7 tawarr Loran b✓ofen h9e aF Rio% Gp�� vz/rrvo�s/r /47 - erav Alorhoe /";IC5 C� es/ob/r'shQd rr� �h:s , sec/"Orr of Mdw,~/ Boj: r 111 r y .—•-- ; /eA WP / � t a� V/ S74 S0'3 rSrosrI o�� :�3LucC� 'fT r 30 J r .5r i :i i ScyQOlalrS/t1 n1 cG. /t%£ttJ►'klr2�' (.IC,4A.1rS s1r1C) /,fnsO,61A Itl, r-c_.r"R'.- %r2/I(�j-t s r1J l5d-0sf —Iola e4o�7 'E S 3 1 - Go,`,•T',p4 crC7 x I Cl T Y off' Ne,, Ja e /o2o��Lc 30, IT-v 8 sr 7E ti r� MLLv� at.rA.fr A, CQ Q 0 /r�Awo eoq d 11 , G'` c C•b.v� p C i ats w+•t wrfr VICINITY SKETCH Jl7T! i J trey N/wiorrr 6AY CAL IF'oaNlA Y� I w \ SOundinys ora e�Xpiessed /» leref and dino�er dip rl+ s below Moor, Lower Low Wo yltr. Moxn►w117 \ n9e of fide OpprvX/�rso��/jam �O •/reef. Horbor /ir,e5 or es�lob//'sherd /n r<his , secfiorr v¢'Ncwpvrf Bob: /sr s /� 13A 5--' --------- 4D!t"T-j I1 I r I /fir ,-11 2AMf r I. if ea �C/ Tur 3c/r !IC, u� l EA ST �jLUO N, ►° Cue _7- -„ � � 3zo• �z2• o s •- ScJQDIVrS�u^J �'re.1 kJ,27 PH/G B41e" 7-0Ae7- SS l88 I�JG,J�1 CoAlrArAC roe ::5/. �i� k'�.�r ,r� O.A71-1 u � FO July 20, 1987 John J. Kendrick Walker and Kendrick Security Pacific Bank Building 4000 MacArthur Blvd. East Tower, Suite 450 Newport Beach, CA 92660 Re: Rowe vs Miller, your file 958-1 Dear Aar. Kendrick: It would be my interpretation of the Harbor Permit Policies, specifically Section 28 Encroaching Piers and Floats, that the" sale of Dot 157 would not trigger a new permit to be approved by the City Council. Therefore, it would not be necessary for us to notify your client of a hearing in that regard. If you have questions regarding the above please contact me at 644-3044. Very truly yours, Tony aim Tidelands Admionistrator E 3300 Newport Boulevard, Newport Beach 'WALKER & KENDRICK A PROFESSIONAL LAW CORPORATION JoSEPH A. WALKER cTOHN J. KENDRICK LAURA A. MYERS GARY WRIGHT ALLAN P. LEGUAY CAROL A. BROWN MARK S. FAULKNER July 10, 1987 Mr. Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663-3884 RE: ROWE v. MILLER Our File No.: 958-1 Dear Mr. Melum: --------'- o OF COUNSEL MICHAEL J. MATLAF My client Phil Rowe has informed me that Lot 157 next door to Mrs. Miller's lot has sold and there will be a transfer of title. It is my understanding that pursuant to Harbor Permit Policy 28(3) "a new permit, approved by the City Council, shall be required upon... (a]ny change of existing ownership of the abutting upland property owned by the permittee ... where existing piers and floats encroach in front of abutting upland property owned by others .. ." We would like to make sure that a public hearing is held concerning the transfer at which my client is allowed to be represented and make a presentation. Thank you for your cooperation in this matter. Very truly yours, WALKER & KENDRICK u OHN J. I{EDRICK JJK:ve cc: Client 33/JJK3 SECURITY PACIFIC BANK BUILDING 4000 MAcARTHUR BOULEVARD EAST TOWER - SUITE 450 NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE: (714) 752-2522-TELECOPIER: (714) 752-0439 (SPACE BELOW FOR FILING STAMP ONLY) 1 2 3 4 5 6 7 8 9` 10 11 12 13 141 15' 16 17� 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 WALKER & KENDRICK A PROFESSIONAL LAW CORPORATION 4000 MACARTHUR BLVD., SUITE 450 INEWPORT BEACH, CA 92660 TELEPHONE (714) 752.2522 4 Attorneys for Plaintiffs PHILLIP,D. ROWE and MARY KATHRINE ROWE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE PHILLIP D. ROWE,,,and MARY ) KATHERINE ROWE, ) ) Plaintiffs, ) ) VS. ) ) ) NORMA MILLER and ) DOES l through 10, Inclusive, ) Defendants. ) ) CASE NO. DECLARATION OF TONY MELUM IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION Date: Time: Dept #: I, TONY MELUM, declare as follows: 1. I am the tidelands administrator for the City of Newport Beach and I have personal knowledge of the facts set forth herein, and if called upon to do so, could competently testify thereto of my own personal knowledge. 2. As tidelands administrator for the City of Newport Beach, I am in charge of maintaining the Harbor Permits files for the Newport Bay area. Attached hereto as Exhibit "1" are true and correct copies from Harbor Permit File No. 115-320. 3. On or about October 12, 1983, I caused a letter to be sent to NORMA MILLER at 320 Buena Vista Boulevard, Balboa, California 92661 regarding the status of the Harbor Permit bayward of her residence; City Permit No. 115-320. (Attached hereto and incorporated by reference herein as Exhibit "2") In this letter I attached a copy of the original permit (A 25/VAL7) -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171 18 19 I 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 issued in 1958 to F'RED H. MILLER. 4. On or about May 18, 1987, I caused a letter to be mailed to PHILLIP ROWE at 316 Buena Vista, Balboa, California 92661 regarding a question he had previously certified to me whether or not there was sufficent water room bayward of his lot to build an additional pier and float. A true and correct copy of this letter is attached herein as Exhibit 'a 3 01 Executed this day of June, 1987, at Newport Beach, California. I declare under penalty of perjury that the foregoing is true and correct. TONY M TJ (A 25/VAL7) -2-. SEW PpR T �n CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 May 13, .1987 Phillip Rowe 316 Buena Vista Balboa, CA 92661 Re: Harbor Permit Application 115-316 Dear Mr. Rowe: The- purpose of this letter is to respond to your question regarding whether or not there is sufficient water room bayward of Lots 157,158 and 159 to build an additional pier and float. Currently there is a pier and float bayward of Lot 158 which' encroaches to some degree in front of Lots 158 and 159 The Harbor Permit Policies, Section 5.A. require that -the prior approval of the City Council will be required before the Marine Department can issue any permit that does not conform to the Standard Drawings and the adopted Permit Policies. Section 5.C. says. that prior approval of the City Council will be required before issuing a permit for shore -connected structures when approved bulkhead lines, pierhead lines or setback lines do not exist. Based on -the above sections of the Harbor Permit Policies, this particular permit must be referred to the City Council for approval. Visits to the site and review of existing aerial photographs suggesst that if the float bayward of Lot 158 were moved over to the common property line between Lots 158 and 157, there would be sufficient water area to construct an additional pier and float. However, it would be staffs position that a pier and float in this.area would require the approval of the property owners of all the above listed lots (157, 158 and 159). I hope I have addressed your questions sufficiently. If you have additional questions in this regard please call me at 644-3044. Sincerely, Tony Me ni Tidelands Administrator 3300 Newport Boulevard, Newport Beach MARTIN McDONOUGH ALFRED E. HOLLAND V. BARLOW GOFF JOSEPH E COOMES, JR. DAVID J. SPOTTISWOOD DENNIS D. O'NEIL RICHARD W. NICHOLS DONALD C. POOLE RICHARD W. OSEN RICHARD E. BRANDT GARY F. LOVERIDGE G. RICHARD BROWN DAVID W. POST SUSAN K. EDLING BRUCEMcDONOUGH WILLIAM L. OWEN DAVID F. BEATTY ALICE A. WOODYARD MICHAEL T. FOGARTY HARRY E. HULL, JR. DENNIS W. DE CUIR ANN O'CONNELL ROBERT W. O'CONNOR JEFFRY R. JONES T. BRENT HAWKINS BRIAN W. CASSERLY STUART L. SOMACH DAWN H. COLE SHARON D. ROSEME SUSAN L. SCHOENIG _AIDES L. LEET ' ADMITTED IN MONTANA ONLY } ADMITTED IN NEW YORK ONLY MCDONOUGH, HOLLAND & ALLEN A PROFESSIONAL CORPORATION MARCIA SCULLY DONALD R. PERSON ATTORNEYS IRIS P. YANG SACRAMENTO OFFICE. DAVID S. SALEM SSS CAPITOL MALL, SUITE 950. VIRGINIA A. CAHILL 404t'MAc ARTHUR BOULEVARD, SUITE 101 HARRIET A. STEINER SACRAMENTO, CALIFORNIA 95814 PATRICIA D. ELLIOTT NEWPORT BEACH,CALIFORNIA 92660 (916)444-3900 MARY POWERS ANTOINE WILLIAM A. L.ICHTIG (714) 851-1180 SETH P. BRUNNER OAKLAND OFFICE, EDWARD J. QUINN. JR. P. 0. BOX 3448 DON E. GREEN OAKLAND, CALIFORNIA 94609 NANCY P. LEE MARK GORTON (415) S47-0106 DEBRA S. MARGOLIS MARY E. OLDEN CATHY DEUBEL SALENKO May 1, 1987 ALAN D. SCHOSTAG BRUCEF. ALLEN ANDREANNA KSIDAKI$ - - --- ------ - - ------ ARTHUR H. BERNSTEIN ROBERT R. RUBIN OF COUNSEL MICHAEL B. EVANS' CARYN CANNER SCHWARTZ Q WILLIAM C. HILSON, JR. PAUL S. SIMMONS t BARBARA L. DOTTA EDWARD J. WRIGHT, JR. ,r q� 2 /L MARCUS J. LO DUCA SUSAN R. HAMLIN t/ MICHAEL K. IWAHIRO MARK A. WASSER MICHAEL j. RANViLL'c Andrew K. Ulich, Esq. Messerve, Mumper & Hughes P.O. Box 7820 Newport Beach, CA 92658-7820 Re: Dock Bayward of Lot 158 Buena Vista, Newport Beach Dear Mr. Ulich: I have been retained over the last couple of years to assist Mr. Phillip Rowe, owner of the residence located on Lot 160, Buena Vista, in working out a plan to provide equitable use of the waterways bayward of his and his neighbor's property. Because of the curvature of Buena Vista in this particular area of Newport Harbor, there are certain limiting factors which restrict the amount of water area available to accept construction of boat docks to serve the adjacent properties. In order to maintain his very valuable property right of reasonable access to the adjacent waterways, Mr. Rowe has been meeting with the City Marine Department represen- tatives to discuss various alternatives to address this situation. Mr. Rowe has agreed in the past to pay all costs associated with the modification or relocation of the Miller dock or construction of a new pier to accommodate the property owners in this area Mr. Phillip Rowe still remains ready, willing and able to work with the City and Mrs. Miller on a reasonable solution to this problem. As you know, on June 10, 1958, the City issued Harbor Permit No. 115-320-to allow the installation of a dock bayward of your client's property constituting Lot 158 Buena Vista. The following condition was attached to the Andrew K. Ulich, Esq. May 1, 1987 Page 2 permit: "Use of the pier is extended to the neighbors occupying Lots 159 and 160. Over the years since the Miller dock was constructed, residents of Lots 159 and 160 have continued from time to time to use this 'dock for mooring of their vessels. In particular, Mr. Phillip Rowe has, since acquiring Lot 160 in 1983, used and enjoyed the Miller dock in furtherance of and to perfect his right and interest in that facility as provided in the City's Harbor Permit. I have researched the City's files pertaining to the history of this permit and there is clear and convinc- ing evidence that it was the intent of the parties that the owners of Lots 15.9 and 160 definitely had legal use rights in the Miller dock. Obviously, that right was extended to those neighbors because construction of the Miller dock would cause a clear infringement on their water rights (see Marks v. Whitney, 6 C3d 251). As a courtesy to Mrs. Miller, Mr. Rowe has, on occa- sion, removed his boat from the Miller dock to accommodate the interim dock needs of Mrs. Miller. In doing so, Mr. Rowe never intended nor was it ever understood that he was in any way diminishing or waiving any of his absolute rights to use the pier as provided in Permit No. 115-320. Your letter to Mr. Rowe, dated April 23, 1987, seems to indicate that your client no longer wishes to cooperate in a reasonable solution to this matter. If this is in fact the position of Mrs. Miller, I must put you on notice that Phillip D. Rowe intends to continue to exercise his full and absolute right to use the Miller dock pursuant to Harbor Permit No. 115-320. Mr. Rowe has in no way, in fact or in law, relinquished or waived in any manner said right or title to the use of this dock facility. Furthermore, any attempt by Mrs. Miller or anyone acting on behalf of Mrs. Miller to remove, impound and/or set adrift any vessel moored on the dock owned by Mr. Rowe as threatened in your letter of April 23, 1987, will most definitely result in affirmative legal action being taken to protect Mr. Rowe's legal rights and remedies to the fullest extent permitted under the law. Very truly yours, Dennis D. O'Neil DDO:dlg cc: Phillip D. Rowe Tony Melum, Tidelands Administrator Harry Gage, Harbor Master C r Y off' /ifwmoapr Bdr-4cH . �v t� Izz, e w, MC. 1.-li-� .vflMNr *l, p � R Id ss•�1' —� �+Ls1� ��� O wsR �IfIM/ /'< f VICINITY SkETCH Nswsarrr SAY, Csu icortwr,a y= � � �`rrr \�• Sounp'i»ys are �.raiess�d /" feele once assay(& diptt,s 6CAClW IWaon Lower [OW Wofrr. IWIVWI-4/1" nye o{ fide oPPrvx/ysp��/y /O ref vYor6pr /srles or es�ob/r',shed i� �A:s , secfion ofNcwp�vrf raj: 1T-1 cC. 2knG II LI-� mac; r?iE�it +uE,v � r I I L u 4-z-'$'r° 41114. 124, fTe xA : cJeOlu"5Yo^1 rs �,4� f �� a x ��' T,C,4C7': ESS : 3!!� . 3r 37 �= u!J'Sc" Ca,crr'eACTO e % �1g 21 , cJr rs 0.4TE::' lZ3�R` CITY OF NEWPORT BEACH Marine Department September 22, 1986 TO: MAYOR AND CITY COUNCIL FROM: SUBJECT: Marine Department AGENDA ITEM NO. F-16 HARBOR PERMIT APPLICATION 115-316 BY PHILLIP ROWE AND PHILLIP RAMSER TO CONSTRUCT A NEW DOCK BAYWARD OF 316 BUENA VISTA Recommendation: If desired, deny the application. Discussion: This applicatiob is before the City Council as required by Section 5.C.(4) of the Harbor Permit Policies, which states: 5.C. (4). "Prior approval of the City Council will be .required before issuing a:permit for shore -connected structures when approved Bulkhead Lines, Pierhead Lines, or setback lines do not exist." And, as required by Section 20.C. 1 and 2, which state: 20. C. "The projection of the property line bayward of the same.bearing from the bulkhead shall generally be:used i.n,determi.n:ng the alTowabl:e setbacks for piers and floats., .Because there are certain physical conditions which preclude the strict application of this policy without prejudice to adjoining properties, Council approval will be.required in areas where precise projections of the property lines have not been determined and the following conditions exist: (1). Where property -lines are not approximately perpendicular to the bulkhead line and (2). Where curves or angles exist is the bulkhead line." In this particular section of Buena Vista, the U.S. Bulkhead line curves. Because of this curve, bayward extensions of .the side property lines to establish permit zones for some properties, create converging pie -shaped permit zones, which eventually eliminate locations for docks. As the attached drawing indicates, the permittees are the upland owners of Lots 159 and 160 on Buena Vista. When the permit to install the dock bayward of Lot 158 was granted in 1958 the following condition was attached•to the permit: "Use of the pier is extended to the neighbors occupying Lots 159 and 160." The property owner of Lot 160, Phillip Rowe, has indicated to the Marine Department that "Unfortunately, the term 'use of the pier' is.not clearly defined, and there is disagreement between the current owners of Lots 158, 159 and 160 regarding this issue today". The owners of. Lots 159 and 169 are now requesting that they be allowed to construct their own dock bayward of Lot 160 and share it as a joint dock; as a result of the loose terms of the earlier permit, Docks have already been constructed on both side of the applicants'. lots and therefore the useable water area has been greatly reduced. As their application drawing. -indicates, the distance•between the existing float bayward of Lot 158,and their proposed float would'be.16 feet. With a vessel tied at either dock, the use of the adjacent dock would be severely impaired, 'or -,total ly--prechuded. F©r'.this"reason t is° the-positfon of the Marine Department that the proposed dock application should be denied as currently configured, because it would eliminate the use of adjacent and already existing structures. The Marine. Department .is.not convinced,that.there is sufficient water area in this location to allow another dock>to be built., There may be, however, some configuration that can.u.se the available water area and . at the same time be acceptable to adjacent property owners. The currently proposed configuration is.unacceptable, however. David Harshbarger, Marine Director Tony Melum, Tidelands Administrator TM:bd August 22, 1986 Tony Melum, Administrator City of Newport Beach Marine Department 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Melum: The undersigned are the owners of lot Nos. 159 and 160, Block A, East Newport Tract, Newport Beach. By way of back- ground, we would like to submit the following information and attachments regarding the subject properties: 1. Lot No. 160 was initially laid out with standard lot water rights and is not a part of the natural curve of Buena Vista Street. 2. In 1957, the owners of lot Nos. 159 and 160 agreed to the construction of a pier by the current owner of lot No. 158 with the provisio, "Use of pier is extended to the neighbors occupying lots #159 and #160." Unfortu- nately, the term "use of pier" is not clearly defined and there is disagreement between the current owners of lot Nos. 158, 159 and 160 today regarding this issue. 3. The ownership of lots No. 159 and 160 have changed several times since 1957 and the pier usage and needs have changed as well over that period of time. 4. The best usage of the water would be for lots No. 157 through 160 to construct a community pier thereby equi- tably sharing the restricted water area resulting from the Buena Vista curve as it affects lot Nos. 158 and 159. In an effort to accomplish the community pier concept. both Phillip D. Rowe and Philip Ramser, owners of lots No. 160 and 159, respectively, have approached the owners of lots No. 157, Mr. Robert Bennett, and No. 158, Mrs. Norma Miller, in an effort to seek agreement for a pier, making it Tony Melum, Administrator August 22, 1986 Page 2 clear that Rowe and Ramser would pay all costs of the con- struction for a new community dock. The following resulted from that effort. 1. Mr. Bennett, the owner of lot No. 157 has a pier with a variance allowing him to be "on his property line" thereby avoiding the five foot set back and therefore is unwilling to give up "such a good advantage." Copies are enclosed of the correspondence evidencing community pier discussions with Mr. Bennett. 2. Mrs. Norma Miller, the owner of lot No. 158 is also unwilling to allow construction of a community pier. Again, see correspondence attached. It should be further noted: 1. Mrs. Miller originally denied Rowe, the owner of lot No. 160, "usage of the float" (she has subsequently allowed Rowe to keep a 13' runabout on the dock with the provisio that said boat must be removed immediately upon Mrs. Miller's request with no notice necessary). 2. Mrs. Miller has also denied Ramser, the owner of lot No. 159 usage of the float on more than one occasion. 3. Mrs. Miller's 12' runabout currently moored on her float, has not left the dock in some eight years. 4. The mooring of any boat on Mrs. Miller's dock larger than the current runabout would totally obstruct water in front of lots No. 159 and No. 160. Prior correspon- dence on this issue by Mr. Jager, previous owner of lot No. 160, is in the city file (a copy attached). 5. Both Rowe and Ramser are current boat owners and active boaters who would utilize the pier and float facilities on a frequent basis. Based on the above information and contentions, we are respectfully requesting the City to take the following action: First, and probably the best solution, would be to revoke the permits for lots No. 157 and No. 158, thereby forcing the construction of a community pier for all four lots (see example I). This solution would accommodate all properties with either a slip or a side tie and could be Tony Melum, Administrator August 22, 1986 Page 3 worked out with CC&R's to make the dock usage equitable. Or, in the event this solution is not acceptable, allow lot Nos. 159 and No. 160 to erect a shared single finger pier so that the needs of lot Nos. 159 and No. 160 could at least partially be accommodated (see example II). Recommendation No. 1 would eliminate the current vari- ances that would have to be approved upon the transfer of either lots No. 157 and No. 158. It is for certain that we would register our concerns at the transfer of any City per- mits on either lot in order to protect our water rights. Recommendation No. 2 would not require any city variances since we will be complying with proper set backs. Any poten- tial for congestion would be highly mitigated by the lack of usage on Mrs. Miller's dock. In conclusion, it does not seem either appropriate or fair that an unused dock constructed 29 years ago should be allowed to restrict other property owners water rights in the area. This point is significant in light of the fact that there is hardly any usage by Mrs. Miller of her pier. In addition, the City should be informed that Rowe and Ramser are willing to fund the entire cost of the project. If you and your staff are not able to give a favorable ruling in this matter, we are hereby requesting that this application be referred to the City Council, Tidelands Affairs Committee for their review and recommendations. We prefer recommendation No. 1 and are requesting said action by the City, however, we would accept as a compromise recommendation No. 2 and the official application filed here- with is indeed for the construction of recommendation No. 2. However, should the City recognize and prefer the advantages of recommendation No. 1, we would be more than willing to withdraw this application in favor of a better solution of the best usage of water by a community pier for all four lots. We have retained Dennis D. matter and Dennis has indicated how he can be of assistance. Sincerely, ip D.,. Rowe O'Neil to assist us in this he will call you to determine cc: Dennis D. O'Neil, Esq. y..NAM E 'i x 7 l d.�..-'� lr� 2 n eol,�q ,- c.�.@., �. _ �} 4 �,I'� . •{d� 1 ?,, y+' CP w.;1'4��e.` � '� 'Y`1 �+. ,r P''^�' r ist.:A �'"�1 l '� '; ��^A.. %�� ,--t..............,.FEE MAILING ADDRESS �} ,_V , I,,' +. 1, ti T,E L,FfP•�IO�N.8 K NO,w - DATE ' AP P ROV ED'B Y; DATE. APPLICATION IS .HEREBY MADE FOR A,. HARBO'.R'PERMIT i0 CONSTRUCT/REVISE A OCH D ^ r AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY Fi ENGR❑. NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING.. �� V B5 `; ;::, "..J' i.;-. COMPANY ^COUNCIL .. .. - ^. PUBLIC WORKS ElDATED PO EPT. .' ❑ .DATE -a "ESCROW ; INSPECTION .SIGNATURE El�u SPECIAL. CONDITIONS: - CITY OF NEWPORT BEACH, CALIF, wx FORM.se:lolo 4 -NAME'.] i�' .u'rC ADDRESS OF PROPOSED FACILITY ®t�tlP si°sct� A��� MAILING ADDRESIG t5�'�"�A v�.Ci� T3DNIO.�CS FEE' :K I If APPROVED BY: DATE APPLICATION IS HEREBY MADE FOR A H RS OCHD El ENGR COUNCIL 'PUBLIC WORKS DEPT. ESCROW INSPECTION El SPECIAL CONDITIONS: PERMIT j A)00- � DATE RMIT ro 2 CO N STR U CT/-RF-WI5-E'-A L' r-r r— /i�ryi7 AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY "�/� NEWPORT yBEACH PERMIT POLICIES AND THE ATTACHED DRAWING COMPANY DATED o 8 DATE i SIGNA 2 CITY OF NEWPORT BEACH, CALIF. Wx FOAMI60.1010 elk h. !7___ 1, FINANCIAL SERVICES 19000 MacArthur Blvd. Ground Floor —Suite 1210 Irvine, California 9271.5 (714) 955-0457 August 11, 1986 Norma Miller 320 Buena Vista Balboa, CA 92661 Dear Norma: As discussed on the telephone I am putting in writing my under- standing of your feelings about a community dock covering your lot, Ramser's lot and my lot. You indicated that after some careful study you didn't feel that the plan as laid out would allow for three boats and that you felt you would be giving up more than you would be getting by joining in the community dock. You also indicated that you would have renewed interest should the Bennett property which is next to yours join in a community dock structure, however, it's been Mr. Dennett's expression to me that he has a dock located on the property line, could never be duplicated and has no interest in doing so. He wouldn't speak for any new owners who might come along since his house is for sale. As I discussed on the phone, Bill Jager, the previous property owner indicated to me that the property has ,rater rights and that a dock could be built, but this all now becomes an issue with the City of Newport Beach. Thanks for your consideration on the matter. Best wishes. BENNETT& BENNETT ARCHITECTS 1205 HILLSIDE ROAD PASADENA. CALIFORNIA 91105 818/799-0015 August 7, 1986 ROBERT E. BENNETT ARCHITECT ANNALYJ. BENNETT DESIGNER Mr. Phillip D. Rowe 316 Buena Vista Balboa, California 92661 Dear Phil: Thank you for your letter of July 30, 1986. When you, Phil Ramser (or the successor owner) and Norma Miller put together your community pier and dock you may be required to circulate the neighbors within a certain number of feet and advise the City. I will not oppose such construction, assuming it will conform to all codes and requirements. I wish you an early concordance and speedy construction. I have found that passage of time brings changes, many which are restrictive, so it behooves those involved to get started. With kindest regards and best wishes to you. Most cordially and sincerely, Robert E. Bennett REB:jl f :• '' 'x . c r Mompo'er- dteri4< z IV X h. ZZ y� jNN f PA L Lu--? s� a loft At F AD At iV O. O a .,ra +a�ry G 1L J1 i �'� "! c+� ��� a •� r i O a► sss r.t VICINITY SKETCH '" •J , i C~ Nrwior dAY CAL 10r.OA NA ! � wJrrrr I. \ SoU�d�n95 ox� aXpierscd rn fart and dino�G dip f-+ s below A-reori LO.Vsr G a w 1►✓o f�� ; !Yloxr.wci.,s \-rp.,9e of fife op�roxr.noidy /O /� HorBor �riies or --sicb1t,5hed in 'Ibis ; secfro,rIL o�f'Ner.rPoif Bar � rr al S 7¢ fj� 110 3 a 50l3DlvlSrt3aJ 3o , —A S7 .11�c ✓.�v�.T Q - sveorvrsro� � N�r�'�' /c•A.vTS Pff�LL/� �w LoT•: /60 BG.K•' fq T,aACT; `` y�►,v rr?/2.D'Sff �% O 3iCe �tJE l e Sz•F A✓rA►ACTO�%SAS4e CckS3 OAT6 �, .•ter .. :: �' '�Irn .C'�A ic'��a4 _, y`""" .w��-.�•. "^'^� m'" :.. �,`'m a.�.. Cf r r- a.sL- Nf*wgvr dr- 4C TY Sv e • y�, ,i 1Vl C. opts i+s+c 'I 0 a •�s art =sa VICINITY SKETCH w,rsrJ, cw:� NM-PaWr SAY, CAC lOronKiA � � Jerrr . w \ 5'04h06ir795 on a.rpressad'/n APA4 and diroia Sop 1-4 s below tit eo,7 tower Cow Wo fci : �t�loxr•wcis, �i.9e of fide Cpprox�rsr,D��I)/ !O �a� Nor6or /ilea it IT jo, 4r es�ob/r'shsd in �osis , secfios afNe�v�aarf� Bof: �aL r! t it ' ► , js! ?c\� ✓/5-74 EjL1fO A;a �r �J / SU13 D'i rSi o a o fly uc. r h E•43� !t%Ce✓�veLT 4 r �$a,r 1�Z.tT' 3 t-` IcA.vts 4,1/2 /20w,5t 7- Cr ; w c r ti► t9�o S ✓ O 3s. , 3� 90 c �/� s r -�- �rr��t c ro e O.� PHILLIP D. ROWE 316 BUENA VISTA BALBOA, CA 92661 714-673-8118 July 30, 1986 Bob Bennett 322 Buena Vista Balboa, CA 92661 Dear Bob: Just a brief note to confirm our mid -July conversation on the dock. If you recall, I offered the opportunity for you to join your property with mine, Pamser's and Mrs. Miller's for the con- struction of a community dock serving all four homes. It was your position after reviewing the idea that you would like to maintain your present dock as is and not join in the community effort. In addition you indicated that you would not oppose the construction of a community dock and for that I am appreciative. Again, thanks for the kind consideration and your words of advice. I'm sorry we won't have the opportunity to work to- gether on a community pier, but I can fully understand and appreciate your feelings. Sincerely, •'1`-"-----t' '.J..� `a..�',z Gam- �'7�--"-`=' -�- e-c�..i''"" �--��` ,b ii CITY OF NEWP0RT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663-3884 41 FO October 12, 1983 T) Noma Miller 320 Buena Vista Boulevard Balboa, CA 92661 Dear Mrs. Miller:' The City of Newport Beach Marine Department has received some inquiries regarding the status of the Harbor Permit bayward.of your residence; City Permit No. 115-320. Attached please find a copy of the original permit issued in 1958 to Mr. Fred H. Miller. As you can see, the permit was conditioned as follows: "Use of the pier is extended to neighbors occupying Lot 159 and Lot 160." While this does not make the permit a joint one with Lots 159 and 160, it does seem to extend to them a right of use and accomodation. If I can be of further assistance or add further information in the matter, please call 640-2156. Very truly yours, Tony Melum Tidelands Administrator TM:db 7 Mr. and Mrs. Jager each phoned. 316 Buena Vista 675-3215 Mrs. Norma kt, r at 320 Buena Vista (permit #11.5-320) is remodelling and changing her pier and �,float. The Jagers are protesting. (Rightly so!) Mr. Jager's story: Glen Welden talked to him about this about 1976. At that time, Glen asked Mr. Jager to let him know if 320 ever made any changes in the float, as it would then be necessary to solve the problems inherent in'the pier. ......"a can of worms" that we won't open until we have to! Looking at the tract map; of the lots, you will note that the bend to the left makes the extensions of the property lines conflict. Many years ago Mr. Mather at 318 had the pie shaped lot. 320 was next door, and.he wanted a pier so he went to Mather and to owner of 316 (now Jager's, then Bud March's) and got them to approve the use of THEIR water from for a pier for his boat. March carried on the arrangement and when he sold the property to Jager, neglected to tell him about it. 320 had by now built a pier...and kept a boat there most of the time. Jager felt helpless when he bought the property, but didn't fight too hard, as he didn't have a boat. Now, however, since the pier is being modified he thinks it is time he stood up for his rights. 320 has only enough waterfront to tie up a row boat —and 3/4 of that old pier is in front of Jager's property. The new float is only inches wider but it a great deal longer than the old float, and it is ALL in Jager's water! I PROMISED Mr. JAGER THAT YOU WOULD CALL HIM FIRST THING WEDNESDAY MORNING. Mr. Jager called again. Mr. Miller originally built the pier. On Oct. 6, 1957, Mr. Mather signed the agreement allowing him to do so. Mather was at 318. On October 4, 1957, Mr. O.W. March signed the agreement. March was renting from L.C. Robertson at the time, and Roberston (owner) signed the agreement on May 10, 1958. They are all dead now. He thinks Trautwein is doing the work. Workmen say they have only rebuilt the floats, that they have added new lumber to the pier, but they have,not changed it appreciably. Mr. Jager will be happy to come to see you tomorrow, bringing all his extensive documentation. CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION From: ,In person Address: Tele'con TO: o Div. No INIT�.-DATE M.S. DIRECTOR ASST.DIRECTOR SECRETARY SUBJECT: -,u File: C _e Date: -ZQ -(2 -7`Z outline 'of Information received given 9. 0 1,K C� All ce ail 7 �j 4 "1' 111 t�,V C 'C' Action Required Person Responsible Date Due: October 11, 1977 318 Buena Vista Balboa, Calif. Mr. Glen E. Welden Marine Department City of Newport Beach 3300 Newport Boulevard Newport Beach, Calif. Subject: Harbor Permit #115-320 Dear Mr. Welden: I am writing in response to your letter of August 18, 1977 requesting information concerning the subject permit. The Permit allowed a single dock to be constructed bayward of lots 158, 159, and 160. Lots 159 and 160 in granting permission to have such a dock constructed in front of their lots were extended the right to use the dock. Until a few months ago Mrs. Miller, owner of lot 158, kept her boat on the subject dock. At that time she sold her boat.leaving the dock vacant. I then put my boat there. (It should be noted that of the three parties having rights to the dock, I am the only one that own;s�., a boat;) I was told by Mrs. Miller that I could only do this on a temporary basis. Mr. Jager, owner of lot 160, also informed me that he did not want my boat left there, In effect both parties were saying I no longer had the right to use the dock. Under the terms of the permit all three parties have the right to use the dock. I see no reason why my boat should not be allowed to stay there on a perminent basis. I will admit that this may not be the best approach to promote a neighborly atmosphere. The situation would even intensify i:f.: twb. ,.owners had =.boats and wanted to use the dock. Under that condition the dock should be shared. But how would this be accomplished? In an effort to provide a better solution, I requested Trautwein Brothers to study the space available and provide their recommendations. The attached dock layout, revision 10/7/77, is the result of their study. I believe their solution of a joint dock has a great deal of merit. It provides advantages which no single lot owner could have. The more important of these are as follows: o Each of the four lots would have their own assigned location exclusively for their boat. o More open space would be provided. The current two sets of piers and ramps, which are only five feet apart, would be replaced by a single pier and ramp. o Maintenance costs for the individual lot owner would be reduced considerably. A low maintenance treated wood dock would replace the current painted docks which usually require annual repainting. Miscellaneous repair costs would be less for any one owner because they would be divided among four people. o The two slips at 13.5 feet wide would be wider than a slip which could be built on a 30 foot lot. The lot owners with the greatest water area in front of their house have been assigned these slips. To date three owners are in favor of my proposal: Mr and Mrs Jager, owners of lot 160; Mr and Mrs Arnold, owners of lot 159; and Mr. and Mrs Bennett, owners of lot 157. In an effort to obtain Mrs. Miller's support I have offered to pay her share of the construction costs, and also allow the walkway to be entirely on my property. This would give her more open space. I think that I am being quite generous in my offers. So far this has not resulted in a positive response. To summarize, there are two choices: First, leave things the way they are. In which case I will leave my boat at the dock. Second, approve the building of the dock proposed. This would benefit everyone Very truly yours , .,.,., David L. Arnold TRAUTWEIIN BRAS. --- -- - -------------- --- Gcncral Engiluering C0ntTG.Ct0rS _ ---GG 2410 Newport Blued Newport Brock, Calif. 92660 ��� ✓� _ z_��C '� rr �� `—A 673.1960 3i o 0 /0 /-o i 15`l A L of i bo Q at 157 � L�oir � 558 V�si ,5zV q 3zo 3zz' SHEETJOB NO— NO•_-`-/--,-OF__/-_-- �CNr�r� > G SY� _ DATE I-!'- 51Z7 CHKD. BY__--__ DATE_-____-_ ----------------------------- �EU/SFi� 9/z -7/77 cc7' el- v. s. %:7/,:�:- [/fit / L/ —,5 2410 Newport Boulevard Newport Beach, California 92660 60 WATERFRONT CONSTRUCTION Telephone License .25897►A Confroctors License No. 258975A Dave Arnold 28th September 1977 318 Buena Vista Newport Beach, California 92663 Re Proposed pier, ramp and dock C 316,318,320 & 322 Buena Vista. Dear Mr. Arnold: The following estimate is based on the drawing revised 9/27/77: Remove and destroy existing pier, ramp and dock. Salvage four (4) anchor pile for new pier., T-head pile for new pier, one (1) ramp to be reused. Build new pier w/4'X28' walkway and 10'X12' platform. Reuse the existing T-head pile from the existing pier. Install one (1) ramp salvaged from old. Build new dock w/2 - 4'X44' finger; 1- 3'X44' finger; 2 - 41X13.5' backwalk 4 - 5'X5' vees Set four (4) anchor pile w/new pile rollers Dock bumper and corner bumper Permits and drawings. ESTIMATED TOTAL $ 16,500.00 If the contemplated work is performed within the next six (6) months I think the estimate should hold. As this finalizes, we will have to look over the items to be salvaged , to be sure that they can be reused. Sincerely: TRAUTWEIN BROTHERS THE UTWEIN BROS. SuSJECT__ JC---------- ---- SHEET NO.----/---OF--`--- General Engineering Contractors pa G� G�q ywc1� ____-- JOB N0.fc�'°'`_�c -------------------�e------------- ------ 2410 Newport Blvd Newport Beath, Calif. 92660 3��� 3� �% � ZO '- � � ` 673-1960 BYE` _ DAT E�1_Z y/ 77 CHKD. BY_--_-_ DATE-_______ ----------------------------- 1�FU/S�O 9/L 7177 City of Newport Beach Newport Beach, California 92663 Tidelands Administrator Marine Department Mt. Glen E.Welden Dear Kr. Welden: September 15, 1977 320 Buena Vista Balboa, California 92661 1-2-00 7 L X Mly intent in writing you this letter is to clarify my position regarding my pier and float located at 320 Buena Vista. . I do not wish any change in my pier or the permit at this timed The Harbor Permit #115-320 was issued to my deceased husband Mr. Fred H. Miller in 1958. We have owned the property, lived on the property and continuously used the pier throughout this period. And, it is in good condition. In 1958, Mr. Miller got the written consent of the adjoining property owners of lots 159 and 160 stating that they had no objec- tion to his putting a pier out in the water. They were not boating people and did not want a pier. Mr. Wm. Jager is the second owner of lot 160 since the written consent was given. He was fully aware of my pier and boat being where it is and he purchased the property accordingly. I feel he is being highly unfair to complain about my pier at this late time, Thank you for your time and attention. Sincerely, Mrs. Norma A. Miller L Pp�T v CITY 0F _NEWPO T BEACH September 12, 1977 ails. Norma Miiler 320 Buena Vista Newport Beach, CA 92663 Dear Ms. Miller: On August 18, 1977, you were sent a letter regarding Harbor Permit Number 115-320 which indicat*d that a report might be presented to City Council on September 26, 1977. Because of,a conflict in City Council meetings this report has been postponed. Preliminary information has been received by the Marine Department from the parties involved in 'this matter. Consequently, the Marine Department would like to have a meeting with all of the parties, preferably during the last week of September. This meeting would be held in the Director's office at the Marine Department building _adjacent to Newport Pier. Please contact me at 640-2156 to establish a date and time for such a meeting. Subsequent to this meeting, a new date will be established for sending the item to City Council. Thank you for your cooperation. Sincerely, S Ile, m ' �?f 4 / Glen E. Welden d '': 63,�ln Tidelands'Administrator� ����� /0 Marine Department �� �C- r✓ GE14:II cc: Arnold, Jager City Hall. • 3300 Newport Boulevard, Newport Beach, California 92663 WILBUR B. JAGER 316 Buena Vista Blvd. Balboa, California 92661 August 30, 1977 City of Newport Beach Marine Department 3300 Newport Blvd. Newport Beach, CA 92663 Attention: Mr. Glen E. Welden Tidelands Administrator Dear Mr. Welden.: Pursuant to your letter of August 18, 1977, indicating that as a result of a change in boats moored at the pier and float bayward of 320 Buena Vista, it is your intention to present to the City Council for their review the history of the permit (115-320),and all of its ramifications. It is my opinion that this is a proper step at this time so that a ruling can be made by the City Council that would be fair to all parties concerned. Since the original permit was issued to Fred H. Miller on June loth, 1958, there have been many changes in the properties involved over the subsequent nineteen years. This was explained to you in detail in my letter of June - 23rd, 1976. There have been even further changes since June 23, 1976, up to the present date of August 30th, 1977. To spell these out, the first of which was the merging of an older pier and float bayward of 312 Buena Vista (lot 162) with a newly constructed pier and float bayward of 314 Buena Vista (lot 161) the end result being that the eastern side of this new float tended.to shrink my water rights bayward of 316 Buena Vista (lot 160) even though this float and pier were perfectly legal, merely because of boats tied up to the float bayward of 320 Buena Vista (lot 158) that were all inside my water as the result of the projection of my eastern property line bayward. Mrs. Norma Miller, the widow of Fred H. Miller, is the owner of the property at 320 Buena Vista and also holds the rights for the original permit for a pier and float issued to her former husband nineteen years ago. She has been the owner of an 18' Bay Boat which is moored at her float but recently sold this boat. When moored before the sale this Bay Boat was entirely in my water. WILBUR B. JAGER 316 Buena Vista Blvd. Balboa, California 92661 2 After her sale of the boat, a neighbor living at 159 Buena Vista, Mr. David Arnold, tied up his boat to Mrs. Miller's float, as he had a right to do so under the terms of the permit. His boat is a 42 foot Cabin Cruiser of much wider beam than the little Bay Boat there before and when tied up to the float at an angle because of the shape of the property, the whole boat was in my water. Between the Warmington pier to the West and the Cabin Cruiser to the East it left me with about eight feet of open water bay - ward of 316 Buena Vista. Even though I understand that Mr. Arnold will not dock there permanently it establishes the fact that there are no limitations mentioned in Miller's permit for the size of boat that can be moored. It is reasonable to believe, depending on the size of the boat moored, I could end up without any open water in front of my home at 316 Buena Vista. I fail to see why it is fair that something that happened 19 years ago under entirely different conditions should b e in effect today and have this type of end result. It may be said that by referring to the maps of the area that lots 158 and 159 are proportioned such that adequate water areas are not available for pier and float construct- ion yet lot 158-has the permit and could control all the water bayward of 320, 318, 316 Buena Vista. On the other hand, lot 160 bayward of 316 Buena Vista, because of the layout of property line, projections, would seem to have a normal permit area but could end up with nothing if this present situation continues'. It further affects property values, particularly when you are talking about Bay Front property. For these reasons I feel the old permit issued to Mr. Miller (now deceased) should be revoked and anew decision passed down that would be fair to:< -all parties concerned. Respectfully submitted, gym.- �� Wilbu- Jager F ' CITY OF NE PO T BEACH August 18, 1977. Norma Sutter 320 Buena Vista Blvd. Balboa, CA 92661 Dear Mrs. Sutter: This department has been requested by Mr. Wilbur Jager to review Harbor Permit #115-320. Mr. Jager originally requested such a review in June of 1976 at which time he was advised that "should any change in the status of that facility (change of boat moored, remodeling, change of ownership, etc.) occur you will be notified...). As a result of a change in boats moored at the pier and float bayward of 320 Buena Vista, Mr. Jager has renewed his request. It is the intent of the Marine Department staff to present to the City Council for.their review the history of the permit, permit area configuration, conditions of approval on the permit, and any other pertinent information that may be made available to the department. Hopefully, this matter could be presented to City Council at their meeting on September 26, 1977. Any information you wish to provide would be appreciated. Also, if you have any questions, please call me at 640-2156. Sincerely, l n E. Welden Tidelands Administrator Marine Department GEW:11 City Hall • 3300 Newport Boulevard, Newport Beach, California 42663 J August 10, 1976 TO: FROM: SUBJECT: MARINE DEPARTMENT CITY MANAGER/TIDELANDS AD HOC COMMITTEE Marine Department REQUEST BY WILBUR JAGER FOR A REVIEW OF HARBOR PERMIT #115-320 w On August 3, the Tidelands Ad Hoc Committee discussed Mr. Jagers request and reviewed a staff report from the Marine Department. The Committee requested that the matter be brought to the City Council at their Study Session on September 27. Subsequently, Mr. Jager was contacted and informed of the date his request would be considered by City Council. Additionally, Mr. Jager was given a copy of the staff report reviewed by the Committee. On August 9, Mr. Jager informed the Marine Department that he had studied the staff report and consulted with his attorney on the matter. Consequently, he has decided to withdraw his request until such time that he formulates a definite proposal for Council consideration. The file for Permit #115-320 will be flagged and upon a change of status of the permit, Mr. Jager will be contacted. G1 'n a den Tidelands Administrator Marine Department ` GEW:ll r a 7 CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION From: In person -r" Address: ��� 9 �` Telecon TO: d l Div.�1, 4 A No INIT'. DATE M.S. DIRECTOR ASST.DIRECTOR SECRETARY SUBJECT '� � ,� ' �� ,r°�� � "r, File Date: Outline of Information received given C-1 M- J /' y''" 1,�,y" ... 4 ,i l; .. W + rN k � ✓l°�!: g t r ,i f ... �. "� J i k r . ac'. /J , t r � w { r ; l Action Required Person Responsible Date. Due: MARINE DEPARTMENT August 3, 1976 TO: CITY MANAGER FROM: Marine Department SUBJECT: REQUEST FROM MR. WILBUR JAGER FOR A REVIEW OF HARBOR PERMIT #115-320 Background In May of this year, Mr. Jager contacted the Marine Department regarding the pier and float at 320 Buena Vista. That float extends into the water area bayward of 318 and 316 Buena Vista as well as 320 Buena Vista. Mr. Jager was researching the history of Permit #115-320 in an effort to ascertain why the float was installed in such a manner and what affect the installation has on any permit rights he may have. In a letter written to the Marine Department on June 23, 1576, Mr. Jager outlines in detail, the history of permit #115-320 (Exhibit A). Briefly summarized, City Council on June 10, 1958, approved a harbor permit, after receiving written consent from the owners of 316 and 318 Buena Vista, with the condition that "use of the pier is extended to neighbors occupying Lot 159 and Lot 160" (318 and 316 Buena Vista respectively). Mr. Jager stated in his letter of June 23 that he feels the present situation may affect the future use and value of his property. He, therefore, requested a review of the existing situation. On.June 29, 1976, Mr. Jager was notified, in.writing, that a copy of his request was inserted in the permit file for #115-320 and the situation would be reviewed upon a change of status of the permit (Exhibit B). Subsequently, Mr. Jager requested that the matter be submitted to City Council for review and action at this time rather than at a future date. After reviewing the subject permit, staff feels that the existing float can realistically accomodate only one vessel and "the use of the pier by the neighbors" for mooring vessels is limited. Page Two As Mr. Jager indicated in his letter, the properties have changed hands since 1958. Apparently, the needs and desires of some of the present owners have also changed from that of the original parties. There appears to be a number of alternative approaches for dealing with the situation. Some of those alternatives are listed below: 1. Reaffirm the existing permit leaving things as they are. 2. Permit the addition of another finger float to the existing float thereby providing an additional mooring space (Exhibit C). 3. Determine that Lots 157 thru 160 could best be served by a jointly owned pier and float.. This would necessitate the property owners agreeing upon a time and method for revising the existing structures or constructing a new one in a mutually agreed upon location with final approval by City Council. (Exhibit D) 4. Determine that Lots 158 and 159 are proportioned such that adequate water areas is not available for pier and float construction. This would necessitate the removal of the existing facility and would leave that water bayward of Lot 160 unobstructed for future construction of a standard pier and float. 5. Redefine the permit areas for Lots 156 thru 167 to try and provide adequate permit area for all the lots. The Harbor Permit Policies, Section 20 C provides for Council adjudication in areas "where curves or angles exist in the bulkhead line." This could necessitate the eventual relocation of five structures in this area to conform with new alignments. In reviewing this situation, staff took into consideration the following elements: 1. a. Lots 157 and 160, because of the layout of property line projections in the majority of cases in this area would seem to have a normal permit area. b. This, however, eliminates any usable permit area for Lots 158 and 159. 2. a. If Lots 158 and 159 are to have usable permit area, some or all of the lots along Buena Vista may have to have their permit areas modified. b. This could mean relocation of existing piers and floats. 3. a. If Lots 158 and 159 are to have usable permit area, what could be done to provide adequate vessel mooring for all four lots. b. How would this affect existing structures in the area keeping in mind that the least change possible is desirous. 4. a. Any decision would probably not receive 100% approvable of those parties involved. Page Three b. Should Council decide to approve a change in the status of the permits involved, agreement between the respective parties will be necessary prior to actual accomplishment of the change. Action If desired, 1) reaffirm .the existing permit or 2)`adopt one of the alternatives 2 through 5. CY, Glen E. Welden Tidelands Administrator Marine Department GEW:ll ' WILBUR B. JAGER 316 Buena Vista Blvd. Balboa, California 92661 July 12, 1976 City of Newport Beach Marine Department 70 Newport Pier Newport Beach, CA 92660 Attention: Mr. Glen E. Weldon, Tidelands Operations Coordinator Dear Mr. Weldon: After reviewing our recent correspondence, my letter to you of June 23, 1976-and your reply to me of June 29, 1976, it is my feeling that the matter in question should be submitted to the City Council of Newport Beach 6or their review and decision, which hopefully would be fair to all parties concerned. Will you kindly therefore set up this matter for an early hearing before the Council and oblige. Yours truI , 9 V-I, UR=' .'JAGER cc: City Manager City of Newport Beach P.S. I will be out of the country from August 28, 1976 through September 15, 1976, therefore any hearing before the Council should be before or after these dates. HENRY T. HAZARD 1878.1921 HERMAN MILLER 1915.1954 FRED�H. MILLER HAZARD & MILLER ATTORNEYS AND COUNSELORS PATENTS AND PATENT CAUSES CENTRAL BUILDING LOS ANGELES 14 Mr. K . L. Carver 1365 Sti Albans Say Marino 9 Calif Dear M' aI TRINITY 3055 =Xx' disov 7-3035 am r t� t to mild a pier to tbs mar due to the fact . has b 'rart 11 live a t piet$, bl hardly b used and 2 in the interest of 11 seta& as much se,. line as possible. As you probably Imm, you do tot have, a permit for our pier registered with thi City n ineer's office. Furl Bove I informed that y „ear now stands if it were in say wad damaged or modiftea that the city would require i pier to be wed from its present location ' from the true,propertyline In diseassing the entire situation with Mr. Webb and Mr,, L . Beebe of the City a , r 1 s offices they info= e sonw0hat as follows, If we =akos joint application for a permit, this will not only function as a permit for your pier to be retained in its present location, but will also enable A departure to 4 lv2- K. L Carver - 2 July it s 1958 CITY OF NEWPORT BEACH CALIFORNIA 92660 City Hall 3300 Newport Blvd. (714) 673-2110 June 29, 1976 Mr. William Jager 316 Buena Vista Newport Beach, CA 92661 Dear Mr. Jager: I have received your letter of June 23 regarding the piers adjacent to your property at 316 Buena Vista. As I mentioned in our telephone conversation, a copy will be placed in the permit file for Lot 158 (320 Buena Vista) for future reference. Should any change in the status of that facility (change of boat moored, remodeling, change of ownership, etc.) occur you will be notified and the permit will be presented to City Council for review and action if they so desire. You indicated in our telephone conversation that the above course of action would be satisfactory. Unless I hear otherwise from you, no action will be taken until such time as a change of status occurs. Sincerely, / Gl E. elden Tidelands Administrator Marine Department GEW:11 WILBUR B. JAGER 316 Buena Vista Blvd. Balboa, California 92661 June 23, 1976 City of Newport Beach Marine Department 70 Newport Pier Newport Beach, CA 92660 Attention: Mr. Glen E. Welden, Tidelands Operations Coordinator Dear Mr. Welden: I am the owner of Lot 160, East Newport, Block "A" and tideland adjoining Lot 160,.East Newport, Block "A", and my street address is 316 Buena Vista Blvd., Balboa, California 92661. 1 have paid taxes on both of these parcels of land ever since acquisition. As of now there is no pier in front of my property. The purpose of this letter to you.is to go on record for the protection of my interests in the water caused by the projection of the property lines of Tidelands Lot adjoining Lot 160,.East Newport, Block "A". On October 4, 1957, a Mr. Fred H. Miller, owner of Lot 158, East Newport, Block "A" and Tideland adjoining Lot 158, East Newport, Block "A", applied for a permit to build a pier. In order to do this, due to the. shape of his property, he had to receive the consent of the property owners of Lots 159 and 160, as the intended pier would overlap onto their properties. On May 10, 1958, Mrs. L. C. Robertson, owner of Lot 160, gave her consent, and as she had been renting this property to a Mr. 0. W. March (who subsequently bought the property, Mr. March gave his consent as a tenant on October 4, 1957. Mr. Harold Mather, owner of lot 159, gave his consent on October 6, 1957. The City of Newport Beach #A-1028 on June 10, 1958, granted the permit to Mr. Miller to erect a pier and float bayward of Lot 158, Block "A", East Newport Tract. They stipulated at that time that "Use of the pier is extended to neighbors occupying Lots 159 and 160". However, this last statement was slightly ridiculous as at no time over the years has there been room enough to tie up more than one boat and that has always been the boat of Mr. Fred H. Miller or his widow Norma Miller. As all of the above occurred back in 1957 and 1958 there has subsequently been many changes over the years. Mr. Miller, who originally applied for the pier permit is dead (survived by his widow Norma). Mr. Mather is dead but prior to his death sold his property (Lot 159) to a Mr. David L. Arnold. Mrs. L. C. Robertson is dead, but prior to her death sold her property to Mr. 0. W. March (Lot 160). Mr. March is dead and prior WILBUR B. JAGER 316 Buena Vista Blvd. Balboa, California 92661 - 2 - to his death sold Lot 160 to me. .Lot 161 to the west of me has just been purchased by a Mr. James Warmington and he has applied for a pier in front of his property. With the erection of such a pier, (to which have no objection)., it would put the squeeze on my available water for a pier due to the fact that Norma Miller's present pier and boat are already in my water, this being something I had no control over. I am herewith enclosing pictures and ammap which will identify the problem. Inasmuch as I might want to build a pier of my own at some future date or could possibly sellmyproperty to someone who would want a pier, and this could substantially affect the financial transaction for the sale of the land, it is my feeling that I should have protection from any future actions on the part of Mrs. Norma Miller, owner of Lot 158 and Tidelands lot adjoining 158, Block "A", East Newport Tract, as far as selling her property to someone who would want to enlarge the float or tie up a larger boat, or make any changes whatsoever that would affect my water, or by herself, her heirs or anyone changing the present pier, float and size of boat to be tied alongside. As all of these piers are permissive only by the City of Newport Beach, approvals that have been granted in the past could be revoked because of changing conditions, and I would like to see a ruling passed down on this matter that would be fair to all but protecting my right to the water enclosed by the projection of my property lines of Lot 160 and adjoining Tidelands lot, Block "A", East Newport Tract. It is my feeling that a decision should be made in this matter so the problem will not continue over the years and become a source of hard feelings and possible legal maneuvers that no one ever really profits from. Yours very truly, 3' C- WILBUR "GER WBJ/j f Enc: cc? City Manager, City of Newport Beach CITY OF NEWPORT ®EACH HARBOR APPLICATION No. C( Q rl Loe Beoeh M Aim° iiQr✓��3Ya� p U /0/ At I'I iM1 /lrL •L7�N /SC AA, D E�• I, s ,o VICItitIT1 SKETCH Wrsr4rr �u o Or2rs'r�6, �v a r C �rrry NfwPORr 6Ay, CAL WoRN1A yf So urnd1n95 ors ex�orcssed In Aral and denole o'ep/hs below Meorr Lower Low Wofer. MOXI"PUm r17179e of fide opprvximq><e/y /O -Peet. Horbor /ii7e5 are es/ob//'shed !iv /his section ofNmwporf ear. � T /3Ar f III � ri �' 60� E /3G� c '',�! „ ARRUC.4Nr:P NAME 500,01 i104 O< faLoCl�- /41. 160 1 • ti 7' w TRACT BLOCK OT G/4 .a' C ', i OF NEWPORT 02=11 Miti R APPLICATION a �( /7I1ojJn�dQ � MI h LI a I� � �� � j h I 7o Lo ' eoch //s•!l' V, o/ Af I I Nfw/ON/ �� p O R r '� BALQOA I��d11 IIII 2 i /V 'isR •f�r� Q /sLwNo D C I �6t N o On2d��6, ai ` V I C 1 Nil T Y J k E T C H N•r•r �crrr � Ewa NfwPoar BAY, CAI,IFORNIA y, / Soc/ndln95 ore e,roressed /n oaed and Ad --node o'epehs 6e%w M(ron Lower Low Wofer. Moel- re.79e of dick QpprvX/MQi4/Y iO Ar@-1 Harbor /.i/es Ore es/Rb//'Shad �n phis SeCfio� ofNewPorf 6or /. . !lI l 12 qle ej � %1P kroe pw ,.....E � h1 3u30' o CIA .� A ppucANr:S NAve 0`7-9 F/6 U - i �'8 /S7 ' 3o i /VE_ A,0-0,eE89 � �T ��/S7' Sa /,d D/✓i3/ w� 3 , .t/E[tN` l�T 06 iy�LoGl�- MI�i. 160 - " e �irJ7tu V IA-/ $/I/2�S G/zI7 L, ��'O OSHA PERMIT #A-1028 4 Zo j A MaM� ISLA oiPOFiLE VICINITY SKETCHHIRWIPOMT DAY. CALIFORNIA �'�'►��, �~ = ZD /�/• ,A.r. egos® w..r.c �c• • r.nec .s®:O/%�%IBy�,� oOtf ldlp��,�S�d i/f AQ`ef �NNy .afS�sp/C �J�r./�I/fs LOB La®e� /�os�i: .�.love4•+ic•in �'onyc of Iei ob ® soipq®/®/y /0 feCl. ifoib®/' L iiss s of C ojrA"A,&Acd %n >/ses ,:�ct�ars of Na.Q-,r►or� Qoy. �.41% Ab � hoed 'r U• S_ I��OTEGT ' L iNE Sao M �o asea� IL � • .�io•,Pa•� ', Oio,',fir PLAN YI STA, Vp 3e I 30' 3a 30 . zZv/ -W/o" O BL C/ EAST ; �NEr✓ R' M/V�B 4, J:'s 5270/a /"-.5o p,�POSEO ,y/E,Q A,�r•/ FL OA T l 32 0 �oienG � s �• Oe�, 4, /9?7 Alcw�orI aPoe-4 HAZARD & MILLER HENRY T. HAZARD 157e-1921 ATTORNEYS AND COUNSELORS HERMA,N MILLER 1915-I954 FREa H. MILLER PATENTS AND PATENT CAUSESA ALLAN D.-MOCKABEE �7 MAdison / J —3055 10�� WEST SIXTH STREET LOS ANG,ELES 14 Oct. 8, 1958 Mr. J.B. Webb City Engineer City Hall Newport Beach, Calif. Dear Mr. Webb: I have never heard from you in response to my letter of August 29, 1958. Since that time I have been forced to go to New York on business. As you probably know, I leave my .home during business days at 7:30 A.M. and ordinarily do not return until after 6 P.M. Consequently, it is rather difficult for me to contact you during your business hours without taking consideraable time off for this particular purpose. I would like to be advised as to the present status of my application to build a pier without the 5' spacing from Mr. Carver's pier. If you prefer to inform me in this regard by telephone in the evening, my home telephone is Oriole 3-0395. Very truly yours, c. HM X�.�. M/ h i : HW HENRY T. HAZARD 1876-1921 HERMAN MILLER. 1915-1954 FeRED H.,MILLER ALLAN D. MOCKABEE HAZARD & MILLER ATTORNEYS AND COUNSELORS PATENTS AND, PATENT CAUSES 108 WEST SIXTH STREET LOS ANGELES 14 August 29, 1958 Mr. J.S. Webb City Engineer City Hall Newport Beach, Calif. Dear Mr. Webb: ImmXXOMX MAdison 7-3055 This will confirm my conversation with you. yesterday afternoon in relation to the following: On June 18, 1958, you. transmitted to me pier permit #A-1028 to construct a pier and float bayward of Lot 158, Block "A' East Newport Tract which is in front of my property at 320 Buena Vista Boulevard, Newport Beach. This permit contemplates the erection of a pier from the beach to the U.S. Pierhead line spaced five feet from the property line as extended defining my property on Lot 158 from that of K.L. Carver on Lot 157. I am reclutant to build the pier in this manner due to the fact that 1) the 5' spacing between my pier and that of Mr. Carver which has been built up to the property line would leave a 5' strip of beach and water area that a)u.ld hardly be used by anyone for any ordinary anti- cipated purpose (5' is too narrow for use by the average boat and no one could be expected to swim in such a narrow channel.) 2) The 5' spacing would seem to be an unnecessary waste of beach line or shoreline. 3) The outer end of the proposed float would unnecessarily extend across the property line between Lots 159 and 160 as projected or extended to the U.S, pierhead line. It is my desire to have my proposed pier built as close to the property line between Mr. Carver's Lot 157 and my Lot 158 asis reasonably feasible and thus overcome all of these objections. If necessary, and if feasible, I Mr. J:B. Webb - 2 August 29, 1958 would prefer to even locate the proposed float shoreward of the U.S, pierhead line so that with my boat attached to the southwesterly side of the float, it will extend over the projection of the property line between Lots 159 and 160 to a minimum, if any, extent. Ih°.'Idiscussing this situation with Mr. L.C. Beebe, Mr. Beebe suggested that a ,joint ownership permit be taken out by Mr. Carver and myself. At the time this suggestion was made Mr. Beebe was of the belief that Mr. Carver had no permit from the City for his pier and that if a joint permit were obtained, this would legitimize Mr. Carver's pier in its present location even though it is a non- conforming pier and would enable me to build my own pier in the manner above outlined without the 5' spacing. I mailed to Mr. Carver on July 11, 1958, a letter, a copy of which is enclosed,and transmitted to him a photostatic copy of the sketch attached to permit A-1028 which is enclosed herewith, copies of the application for permit and prints of my proposed pier which generally conform to the manner in which I wish to erect it except that these prints show the float as extending to the pierhead line. I am in receipt of a letter from Mr. Carver's attorney dated August 20, 1958, a copy of which is enclosed, stating that Mr. Carver feels obliged to decline injoining in this joint application. I am now informed by you, that although your office had no previous record of a permit having been issued for Mr. Carver's pier, that nevertheless such a permit was issued to him authorizing him to erect his pier upto the property line and without the 5' spacing there- from which is the present practice. On the assumption that the City would have permitted the erection of my proposed pier in the manner in which I desire it, if Mr. Carver had joined with me in the joint permit, it is not apparent why any good reason should exist for refusing the erection of my proposed pier on a single permit. As you. were aware, a rather unique situation exists in regard to the property involved. 1) Lots 158 and 159 are sector -shaped lots. 2) Each of the property owners along Buena Vista Boulevard not only has title to their respective lots southerly of Buena Vista fflvd. but also has adjudicated title to land parcels bayward of Buena Vista Boulevard on which they respectively pay taxes. Mr. J.B. Webb - 3 August 29, 1958 3) I have obtained the written consents which are on file in your office from Mr.- Mathers, the owner of Lot 159, and Mrs. Robertson, the owner of Lot 160 to the erection of my proposed pier ifit can be built as close to Mr. Carver's pier as is reasonably feasible so as to avoid encroaching on the shoreline and obstructing the view from the respective houses as little as possible. Under the circumstances, I would like to have permit #A-1028 revised to the extent that it would authorize the erection of a pier in conformity with the enclosed sketch dated June 27, 1958,'rather than in conformity with the sketch dated Oct. 4, 1957, with the possible change therefrom that the outer end of the proposed float be located a short distance shoreward from the U.S, pierhead line so as to extend over in front of Lot 160 as little as possible. Very truly yours, Fred H.-")Miller FBM: HILT Enc. C 0 P Y MACKAY, McGREGOR & BENNION 728 Pacific Mutual Building 523 West Sixth Street Los Angeles 20, 1958 August 20, 1958 C 0 P Y MAdison 6-7722 Mr. Fred H. Miller Hazard & Miller 108 West Sixth Street Los Angeles 14, California Dear Mr. Miller: Returned herewith are the papers sent by you. to Mr. K.L. Carver with your letter of July 11, con- sisting of a photostatic copy of Permit A-1028, two copies of a proposed Application for Permit (Joint Ownership) and accompanying Vicinity Sketches. It would seem that subsequent owners of the properties in question might have cause for misunder- standings and complication's if the pier were constructed in the manner proposed in your permit. I have advised Mr. Carver that in my opinion a "Joint Ownership"` application might place a cloud upon his existing property. I must advise, therefore, that Mr. Carver feels obliged to decline joining with you in this application. Sincerely yours, %s/ ADAM Y. BENNION Adam Y. Bennion of Mackay, McGregor & Bennion AYB : mew Cc: Mr. K.L. Carver Enclosures I S � r CITY OF NEWPORT BEACH CALIFORNIA P E R M I T 5 V � Dh- In compliance with your written request of , 193-7- and subject is all terms, conditions and restrictions written below or printed as general, or special provisions on any part of this form, PERCUSSION IS HEREBY GRANTED TO stractiN ;ls 93,i n,d Mat b,, ^ o, I I/ Lot 1l* in accordance with the plans shown on the drawing attached hereto, entitled SUBJECT TO THE FOLLOWING CONDITIONS General Provisions 1. Acceptance of Provisions: It is understood and agreed by the Permittee that the doing of any work under this permit shall constitute an acceptance of the provisions. 2. Permit from Other Agencies: The party or parties to whom this permit is issued shall, whenever the same is required by law, secure the written order or consent to any work hereunder from the War Department of _ II I 1 the United States or any other public body having jurisdiction, and this permit shall be suspended in operation unless and --until such order or consent is obtained. 3. Transferring Permit: This permit is not transferable with- out the written consent of the Cfty Council of the City of Newport Beach. 4. Notice Prior to Starting Work: The Permittee shall notify the City Engineer at least three 3) days in advance of the date work is. to begin and its completion. 5. Inspection: The work shall be subject -to the supervision and approval of the City Engineer. On work which requires the presence of an employee of the City of Newport Beach as inspector, the salary and other incidental expense of such inspection during the work shall be paid by the Permittee upon presentation of a bill therefore. 6. Protection of Traffic: Adequate provisions shall be made for the protection of the travelling public. Barricades shall be placed on streets, with red lights at night, also flagmen employed., all as may be required by the particular work in progress. The Permittee shall not attempt to .forbid the full and free use by the public of all navigable waters at or adjacent to the work or structure. If the display of lights and signals on any work hereby auth- orized is not otherwise provided by law, such lights and signals, as may be prescribed by Bureau of Light Houses, Department of Commerce, shall be installed and maintained at the expense of the Permittee. 7. Liability for Damages: The Permittee is responsible for all liability for personal injury or property damage which may occur through work herein permitted, and in the event any claim is made against the City of Newport Beach or.any department, officer or employee thereof, through, by reason of, or in connection with such work, Permittee shall defend, indemnify and hold them, and each of them, harmless from such claim. This Permit shall not be effective for any purpose unless and'until.the above named Permittee files with the City of Newport Beach, a surety bond in the form and amount required by the said City, unless specifically exempted on 'the face hereof. 8. Expiration of Permit: If the structure or work herein auth- orized is not completed on or before the et day of � , 19 , this permit, if not previously revoked or specifiezily.extended shall cease and be null and void. -2- PLEASURE PIERS 1. The City of Newport Beach shall never be held liable or obligated for any injury or damage resulting to either persons or property through the erection, use or possession of, private piers. 2. The pier shall be so constructed as not to obstruct, interfere with, or prevent the free use or passage of any sidewalks, street, alley, public way or navigable channel. 3. The -right given for the erection and maintenance of a pier is permissive only and the Permittee shall, upon revocation hereof, remove said pier and appurtenances thereto, within thirty (30) days after date of mailing written notice of the revocation of this permit, which notice may be mailed to the last known address of the Permittee. 4. The City of Newport Beach reserves full right, power and authority to revoke this permit, and in the event the Permittee fails to remove said pier lAthin the time specified, then the City Engineer shall have the right to immediately remove same at the cost and expense of the Permittee. 5. Pleasure piers shall be constructed in accordance with Standard Plan No. �/a J Sr for Pleasure Piers, adopted by the City Counoil. Painting of Piers shall be designated by the City Engineer. 6. The Permittee shall keep the pier in good repair at all times and shall paint the pier when required to do so. Failure to repair or paint pier, when written notice has been given by the City Engineer, shall be cause for revocation of the permit and removal of the pier. 7. The pier to be constructed heroin, shall not be sold, leased, sublet or transferred, without the prior written consent of the City. _3» APRL IGAT°ION FOR PEr. V1IT No. Applicantwill not fill Oct. 4 57 Date ' , 19—. CITY OF NEWPORT BEACH, CALIFORNIA Gentlemen Application is hereby made for permission to erect a filar Vie and ' oa t� along the ter— .. , � �� I (Applicant will describe here fully what he wishes to do and purpose of improvement) land adjoining lot 15 t NeWport Block "A*" The aSe of this i mvt is, to eveble a tle My boat 419ALUSt 0 Si" o the float a0d a ce-sile to the 8 Lot 1 8 O amid black. Use of the pier i also extended to Velshbors 044upyin The 'i la�tl� dose so, ta��"�l to a � � Location: e location of the work he wishes to do) r o the t ln�t state a accurately recl aaRM: Tits d adjoining lot 1 * Y loet NeWports Block " Applicant is Owner Lot , Block Tract The undersigned agrees to do the work in accordance with the rules, regulations and specifications and subject to the inspection and approval of the City of Newport Beach. 138 lb -,� lZ 2D Check_ lr No. F p Signature of .Applicant Rece d Fee $ l Date From Address Application shall be in duplicate. Plans in quadru licate shall accompany all applications. i Application Filed l Referred to Permit Issued . NB-702—I M-6/56 City of Newport Beach Newport Beach, Calif. Gentlemen: I am the owner of lot 160, bloc. 'W,' East Newport, California, and I have been shown the application for permit to erect a finger -type pier of Fred H. Miller to which this letter is to be attached. Mr. Miller has outlined to me the nature of the pier that he proposes erecting. As long as his proposed pier is built as close as possible to his easterly boundray thus avoiding any unnecessary use of the beach or shoreline, I have given my consent and have no objection to this proposal. • Dated: This C dEtq--a , 1958. Z7n-erof Lot 160. City of Newport Beach Newport Beach California Gentlemen: I am the tenant of the house located at lot 160, block "A" East Newport, California, and have been a tenant of this house on a yearly basis for the past ten years. As of the present writing my intention is to continue to rent this property for an indefinite period in the future. Mr. Fred H. Miller has outlined to me the proposed finger -type pier that he proposes erecting along the easterly boundary of his lot and has shown to me his application for permit to do so. So long as this pier is erected as close as possible to the easterly boundary of his property so as not to unnecessarily occupy beach or shoreline, I have no rights to consent but I have no objection to the erection of his proposed pier. Dated: This 4th day of October, 1957• Tenant of lot 160 City of Newport Beach Newport Beach, Calif. Gentlemen: I am the owner of lot 159, block `'W' East Newport, California, and I have been shown the application for permit to erect a finger -type pier of Fred H. Miller to which this letter is to be attached. Mr. Miller has outlined to me the nature of the pier that he proposes erecting. As long as his proposed pier is built as close as possible to his easterly boundary thus avoiding any unnecessary use of the beach or shoreline, I have given my consent and have no objection to his proposal. Dated: This w day of October, 1957. A —/0 ZS j HENRY T. HAZARD 1878-1921 HERMAN MILLER 1915.1954 FRED H. MILLER ALLAN D. MOCKABEE HAZARD & MILLER ATTORNEYS AND COUNSELORS PATENTS AND PATENT CAUSES 108 WEST SIXTH STREET LOS ANGELES 14 October 4, 1957 City of Newport Beach Newport Beach, Calif. Gentlemen: TRINITY 3055 I am transmitting to you herewith an application for a permit to erect a finger -type pier and float along the easterly boundry of my property identified as lot 158, East Newport, Block ''A" and tideland adjoining lot 158, East Newport, Block ''A," both of which parcels I own and on which I have paid taxes since 1941. Because of the shape of my property and its arrangement with respect to adjoining lots 159 and 160 I have explained the proposed pier to the `"_owner of lot 159 and tenant of lot 160, and I attach to the application letters of consent from these parties. The reason why the owner, Mrs. Bess Robertson, has not given to me a letter of consent is due to the fact that she has been for some time and now is on a pleasure trip in Australia and New Zealand. I have written to Mrs. Bess :Robertson requesting such a consent, but a reply has not been received as yet. Her son and daughter-in-law inform me that apparently mail sent recently by them to Mrs. Robertson has not'be-en received by her. However, as she has rented her property continuously for many years past to Mr. March, the consent of Mr. March has been obtained and has been attached to the application for permit. I anticipate under the circumstances there would be no difficulty in obtaining the consent of Mrs. Robertson as soon as mail communication can be established with her. I have been informed that the policy of the City has been to require that a pier be erected no closer than 5' from the true property line, but in this particular instance I respectfully petition that a variance be allowed. Mr. K.L. Carver, the owner of lot 157, already has a pier on his property which has been built up to his westerly City of Newport Beach - 2 October 4, 1957 property line. Consequently, if my proposed pier were built 5to the west of the true property line there would be merely a distance of 5' between the two piers and their respective floats. This distance of 5' between two piers could not be used advantageously by anyone. If the.Carver pier had been built 5' east of his true property line, then there would be some justification for requiring my proposed pier to be built 5' west of my properly line, leaving 10' available between the two piers. However, the Carver pier has not been so constructed and if a mere 5' were left between the two piers this would be, in effect, a mere waste of available bay water and shoreline. Occupants of lots 158,159,160,161,162, and 163 do not have piers at present and utilize more or less in common the shoreline in front of their respective lots. For this reason, I have proposed erecting this pier as close tothe Carver pier as possible so as not to encroach unnecessarily on the shoreline. I have tied my boat to the westerly side of the Carver float for the past year and one-half but for reasons of his own, Mr. Carver has refused to continue to grant this permission. By erecting the proposed pier and float along the property line my boat would occupy almost the same position that ik has occupied the past year and one-half; hence my desire to erect this pier as outlined. Very truly yours, Fred H. Miller, Applicant IA,c-.ipt of a copy of the within and foregoing permit is hereby a'cknow- 1*,44-ed, and in consideration of the issuance of the same, we hereby Vc-.pt all terns, conditions and covenants. Dated and signed this /C­ day of I/ Permittae, Permitted ra Approved by City Engineer Authorize by the City Council of the City of Newport Beach, at a meeting held on the day of:w 19 . City Clark Receipt of a copy of the within and foregoing permit is hereby acknow- ledged, and in consideration of the issuance of the same, we hereby accept all terms, conditions and covenants. Dated and signed this day of , 19 Permittae Permittee 0 tine ,LOS J-'7,110 Fred h. Miller 320 Buena Vista Newport Beach, California Dear Sirs Please find enclosed Fier Permit A�1029 to construct a pier and float bayward of Lot 158, Block 'A. East Newport Tract. Your attention is called to Paragraph IV of the general provisions which provides that this office be notified of the date of beginning and the date of completion of the work.: Would you: please, sign both copies of the permit and re— turn them to this office for the City Clerk's certification. A copy will be returned to you for your files. Very truly yours,., /J. B. T,Jebb Public works Director w Ir ` • IL Cr-I'r ;: `►:A PERVIT No. A,1n?$ . 7•C✓9 JMe 10 19.E '-nnh, "i:i''or^in In compliance -,ith your vrritten request of Cct.. L. , 1957 and subject to all terms, conditions and restrictions written below or printed as general, or special provisions on any part of this form, PERMISSION IS HE Y GRANUD TO Droct n Yicr and float ba,-0.rrrd of Lot 153, Flock A, Fast rort :'snot. D:•o of the pier is oftenc?od to noighbors ocouFy'ng Lots 159 and Lot 3.60 .. Ate. in accordance with the plans shown on the drawing attached hereto,•entitled SLSJECT TO THE, FOLLOWING COYDITIONS Gene-rea Provisions: 1. Acceptance of Prcvisionst It is understood and agreed by the Permittee that the doing of any tiror'r, under this ..permit shall _constitute an acceptance of the provisions. 2. Permit from Other Azenci es t The party or parties to .vhom this pewit is issued shall; :rncnever the same is required by law, secure the mitten order or consent to any work hereunder from the War"Department of _A-/r)7-