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HomeMy WebLinkAboutM2006-0013LAI 7-K U. RES CES D"" N EVII 6 L) Ir A C, 3. PICA EELG NSPECTION wdsr rry No.gE;VGW�_ N 15'OF PROJECT VICIMITY 5KETCH Ngwpoffr &Ay CAL IP-JXNIA 4,� ore W /ttcror7 Lowe, 440 ZF ArI6,-,6o,- ran 9F 11f. 76 1 e_IiC7-b1I"5hIrd A-7 P 4,_ A -lo A 130 2 .05 v Mi� < 411 �e . . . . . . . . . . omm a MOP F�f YfA e - 'p� ew ice N)uth 4 Aj, Y.- AC7-,'40C -B 3 70 ppj. 77 ERMIT c, STATE OF CALIFORNIA THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 10th Floor LONG BEACH. CA 90802-4416 www.coastal.ca.gov Robert Barth 42 Linda Isle Newport Beach, CA 92660 Date: April 17, 2006 Permit No. 5-05-465 Please be advised that the Administrative Permit with the above permit number which was sent to you on March 27, 2006 and was reported to the Commission on Tuesday, April 11, 2006 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, PETER M. DOUGLAS Executive Di ctor r By: MEG VAUGHN Coastal Program Analyst cc: Local Planning Dept. Swift Slip Dock & Pier Builders, Attn: Beth Swift (W CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA - THE RESOURCES AGENCY Arnold Schwarzenegger, Govemor CALIFORNIA COASTAL COMMISSION Permit Application No. 5-05-465 South Coast Area Office 200 Oceangate, Suite 1000 Date: March 23, 2006 Long Beach, CA 90802-4302 Page: 1 of 5 (562) 590-5071 T 3c a ADMINISTRATIVE PERMIT APPLICANT: Robert Barth PROJECT DESCRIPTION: Remove an existing boat dock and replace it with a new dock in the same location with the same dimensions. New boat dock is proposed to be a "U" shaped dock, one finger will be 8' by 92', one finger will be 6' by 60', backwalk is 16' by 23'. Also proposed is re -decking of the existing gangway and pier. No new piles are proposed. PROJECT LOCATION: 42 Linda Isle, Newport Beach, Orange County EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Hotel Mar Monte Tuesday, April 11, 2006 at 10 a.m. 1111 East Cabrillo Blvd. Santa Barbara, CA (805)879-1340 IMPORTANT - Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS Executive irector By: Meg =Vaug Title: Coastal Program Analyst 5-05-465 Barth Page 2 STANDARD CONDITIONS: Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages 4-5 EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as�attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Proiect Description and Background The applicant proposes to remove an existing boat dock and replace it with a new dock in the same location with the same dimensions. The new boat dock is proposed to be a "U" shaped dock, one finger will be 8' by 92', one finger will be 6' by 60', backwalk is 16' by 23'. Also proposed is re -decking of the existing gangway and pier. No new piles are proposed. The subject site is located at 42 Linda Isle in Newport Beach, Orange County. The site fronts on Newport Harbor. The majority of harbor front, residential development in Newport Harbor is surrounded by private recreational boat docks. The proposed dock project is similar in function to other docks associated with residential development in the immediate vicinity. The boat dock will be used solely for boating recreation purposes. The site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of M1 5-05-465 Barth Page 3 the project area. No bottom disturbing activities are proposed, therefore, pre -construction eelgrass and Caulerpa taxifolia surveys are not necessary in this case. Linda Isle is a private community within Newport Harbor. No public access exists at Linda Isle. The nearest public access is located along the public walkway that surrounds Balboa Island, approximately % mile southeast of the subject site. Public access also exists approximately 1 mile south at the public beach along the Balboa Peninsula. The proposed project has received approval in concept from the City of Newport Beach (Harbor Permit No. 133-42). The Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicants have applied for a permit from the U.S. Army Corps of Engineers. B. Recreational Marine Resources The proposed recreational boat dock development and its associated structures do not result in the fill of coastal waters and are an allowable and encouraged marine related use. The proposed dock work will not have any significant adverse effect on sensitive marine resources, such as eelgrass. Therefore, the Commission finds that" the proposed development, which is to be used solely for recreational boating purposes, conforms with Section 30224 of the Coastal Act C. Water Quality The proposed dock work will be occurring on or within coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters and for the use of on-going best management practices following construction. As conditioned, the Commission finds that the development conforms with Sections 30230 and 30231 of the Coastal Act. D. Public Access As conditioned, the proposed development will not have any new adverse impact on public access to the coast or to nearby recreational facilities. Thus, as conditioned, the proposed development conforms with Sections 30210 through 30214, Sections 30220 through 30224, and 30252 of the Coastal Act. E. Local Coastal Proararn The LUP for the City of Newport Beach was effectively certified on May 19, 1982. At the October 2005 Coastal Commission Hearing, the certified LUP was updated. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. F. California Environmental Quality Act (CEQA) As conditioned, there are �no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the. activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to 5-05-465 Barth Page 4 mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: 1. Construction Responsibilities and Debris Removal (a) No construction materials, equipment, debris, or waste shall be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (b) Any and all construction material shall be removed from the site within 10 days of completion of construction. (c) Machinery or construction materials not essential for project improvements shall not be allowed at any time in the intertidal zone. (d) If turbid conditions are generated during construction a silt curtain shall be utilized to control turbidity. (e) Floating booms shall be used to contain debris discharged into coastal waters and any debris discharged shall be removed as soon as possible but no later than the end of each day. (f) Non -buoyant debris discharged into coastal waters shall be recovered by divers as soon as possible after loss. 2. Best Management Practices Pro -gram By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (a) Boat Cleaning and Maintenance Measures: 1 . In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. 2. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized. 3. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (b) Solid and Liquid Waste Management Measures: 1 . All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits shall be disposed of in a proper manner and shall not at any time be disposed of in the water or gutter. (c) Petroleum Control Management Measures: 5-05-465 Barth Page 5 Oil absorbent materials shall be examined at least once a year and replaced as necessary. The applicant shall recycle the materials, if possible, or dispose of them in accordance with hazardous waste disposal regulations. The boaters shall regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. Boaters shall also use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning services as much as possible to clean oily bilge areas and shall not use detergents while cleaning. The use of soaps that can be discharged by bilge pumps is prohibited. . ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: IA/Ve acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature 5-05-465 Barth noEGnoPls bt dk admn 4.06 mv Date of Signing LA c NA' 101 COASTA - COMMISSION EXHIBIT Ar Sp R) PAGE OF. _J kc— 'Al .-.' X., r K, C.�r 4�h�� 0 IC -1 7- -/5 po !-p, EEL G NSPECTION N0.9EL GRASS. N 15! OF PROJECT I EEL I ECTAREA 1�q"so PERWO rr, COASTAL C OMMfSSjopj EXHIBIT # PAGE I —OF� JL L) 4 7- L —c' VIC)MITY SKETCH Nawpowr 15AY, CAL IPCPAWA 5'0U--7d,,nqP5 (2�0 wf�-ecs-SC& orl or4;.?( oma 0'rp YA -T ro,.)Ype, a# -L. e.Tjo61.,'5,4,rd /;? YA;5 secil'o" orr/ve. 41 < �Al ,9,,t pe--�-ecK SKI% 66,17 P- Cl 7-: PoL c Aj rs ,V Co.�� A- c' roC,' b APR -18-2006 12:07 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 TO:7230589 P.2 JAIA-24-2006 11:23 FR0M:SWIFT8LIPD0CK.0011 (949) 631-3122 TO:13102744017 P.2 HARBOR RESOURCES DIVISION 829 Harbor island Drive Newport.Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions November 15, 2005 Property Address: 42 Linde Isle, Newport Beach, CA 92660 With reference to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. 1. The pier parmittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Cocle. The pler permittee understands that the above referenced pier is under the purview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth In this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require now conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property, 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. Your side property lines extend in the water along their same bearing, Vessels 0all not encroach upon. ihe neighbor's property on either side. 6. Vessels may not extend beyond the end of the fingers by more then the width of their beam. 7. The maximum beam of a vessel that is permitted to side tie to the northern end of the headwalk is 15'. Sionature: '4 2-�- 0 -To Mike Ure, Harb4r Re urces Tec clan Date sc`7� k.(Jj e Applic I natu Print ame Da(e Oate Jol 1poMrcant Signature (if applicable) Print Name APR -18-2006 12:08 FROM:SWIFTSLIPDOCK.0011 C949) 631-3122 T0:72305eq COUNTY PROPERTY PERMIT 2006-00291 ENCROACHNIENT PERMIT Ngo, AMy 1"2:49AM County of Orange Permit No: INSPECTION PHONE RESOURCES & DEVELOPMENT MANAGEMENT DEPARTMENT 949-923-2250 ' County Property Permits Effective Date: Inspection office shall be notified at least Main Office: 300 North Flower Street, Room 122 TWO (2) WORK DAYS PRIOR to Santa Ana, California 92703-5001 Expiration Date: commencing permitted use. FAILURE or P.O. Box 4048, Santa Ana, California 92702-4048 TO OBTAIN INSPECTION SHALL (714) 834-3432 or (714) 834-5738 VOID THIS PERMIT Fax: (714) 835-7425 PERAUTTEE Robert Barth 42 Linda Isle Newport Beach, CA 92660 310-278-5333 Contact Person Robert Telephone No. 310-278-5333 FACILITY T1" FaCility Name Numbe NEWPORT HARBOR TIDELANDS HAO002 P. 5 Paae I of 2 3/22/2006 2006-00291 3/15/2006 12:00-OOAM 3/14/2007 12'00.00AM IUursd Robert K. Barth and Suzanne C. Barth Wia 03074462 &91= 05/03/2007 PEPMTTED USE: User of County property is hereby authorized as follows, subject to provisions attachcd hcreto: To use and occupy a porton of Orange County Tidelands pursuant to Board Minute Order of November 17, 1998 for the .Sole purpose of operating and maintaining one (1) private recreational pier located within the extension of the Portnittee's side property lines. CEQA Code LOCATION OF WORK: Street Address: 42 Linda Isle Dimension/Type: Dock usage Thomas Brothers: 889;B7 Area: Newport Beach CONSEDERATION: 1= EWM Permit Fges SUrety Penalty 1QW Total Fees: 2.91.00 HP EH68120 291.00 (2085) 0.00(2092) 0.00 291.00 PA):Men . lEva Check Recelp DAte AMoun TotsilPayment: 291.00 Check 3204 R0604001 1/26/2006 291.00 Surety Paid By: TUF Invoice Paid By: PERMTTEEIS ACCEPTANCE: SIGNATURE ON FILE COUNTY APPROVAL: -.1 PERMIT AND APPROVED PLANS SHALL BE MAINTAINED ON JOB SITE. PERNflTTEE SHALL COMPLY WITH REGULATIONS PRINTED ON REVERSE SIDE OF PERMIT AND ATTACHMENTS. ALL UNDERGROUND WORK REQUIRES PRIOR'UNDERGROUND SERVICE ALERT COMPLIANCE. THIS PERMIT IS NON -TRANSFERABLE. Note: Surety will not be refunded until Final Inspection is performed and submitted to County Property Permits APR -18-2006 12:08 FROM:SWIFTSLIPDOCK.COM JAN -24-2006 11:24 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 C949) 631-3122 DEPARTMENT OF THE ARMV LOS ANGELES DISTRICT. CORPS OF ENGINEERS P.0 BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 December 21, 2005 REPLY TO ArFW4TION OF. Office of the Chief Regulatory Branch Robert Barth C/o: Swift Slip Dock & Pier Builders 2027 Placentia Avenue Costa Mesa, California 92627-3405 Dear Mr. Barth: TO:7230589 P.4 TO:13102744017 P.3 Reference is made to your request of November 17,2005 (File No. 200600243-WJC). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to replace existing boat dock, like for like with no new pile andre-deck existing pier and gangway. The dimensions of the dock would be approximately be 1) finger A 8 -feet by 92 -feet, 2) finger B 6- feet by 60 -feet, 3) backwalk 16 -feet by 23 -feet, located bayward of 42 Linds Isle in Newport Bay in the City of Newport Beach, Orange County, California, as shown on the enclosed drawings. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) Indicating that he/she agrees to the work as described and will comply with all .conditions, One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthemore, you are -hereby advised that the Corps of Engineers has established an Administrative Appeal Process which is fully described in 33 CFR Part 331. The complete appeal process is diagrammed in the enclosed Appendix B. Thank you for participating in our regulatory program. Sincerely, Mark Durham ef, South Coast Section ulatory Branch / - Z DATE APR -18-2006 13:03 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 TO:723o5eg P.2 SWIFT SLIP Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 (949) 631-3121 Fax (949) 631-3122 email: bhswlftsllp@sbcglobal.net www.swiftsilodock.com December 27) 2005 Adam Fischer California Regional Water Quality Control Board 3737 Main Street Riverside, CA 92501 Re: Robert Barth Boat Dock 42 Linda Isle Newport Beach (Orange County) Scope of Work: Remove and replace existing boat dock. Re -deck existing pier and gangway. No new DLUpgs Dear Adamt We are requesting clearance to perform the work as noted above and on the enclosed drawing. It appears that the September 29, 2005 Regional Board General Certification applies only to projects involving sheet and dock pile installation. Since this project does not include the installation of any dock pile, is this project exempt from Regional Water Quality Control Board certification? Please contact Brady or me via email me at bhswiftslip0sbcglobal.net or call us by phone at (949) 631-3121 to discuss further. Very truly yours, SWIFT SLIP Dom & PIER BUILDERS Beth Swift Permit Division /brs Enclosures cc: California Coastal Commission WP HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. .General Description of Proposed Development: Remove existi,ng float and install .a new float of same configuration, redeck existing pier & gangway like for like. ,No new pile. County Approval Required Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. jProperty Address: 42 Linda Isle, Newport Beach, CA 92660 1 Legal Description: lHarbor Permit Number: 133-42 IPlan Check Number: 2898-2005 --1 P7p—p Fic—ant: Bob Barth Applicant's Mailing Address: 42 Linda Isle, Newport Beach, CA 92660 Phone Number: (949) 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 Andfind They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and any applicable specific or precise plans or, Ei That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: W/Has been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). o Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources Signature: \_M I &A_ek_�J I'l - t5-- os' Mike Ure, Harbor Resources Technician November 15, 2005 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 /0Y '2: /. *I- - t9, � INSPECTION FORM Hicarbor Resources LDepairtment Date: Inspection Requested By:, Inspector: Don Dut., Pier Address: E Pier Transfer Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon / Backfiow Present Other Comments Eelgrass Yes No Presentl . 1 / //"//o — �- '/ i? 0 Is tr-j Pump Out Pier Location Operational Yes No Recommended Action Eheroachrnenet Address. of Complaining Pafty—_ Boat Description CF Number Location on Dock Comments / Observations Other Request lo -:I-C� -T��J -vo-d-j- THE� IRVINE COMPANY-�)'r LV-1JCe_ a4t- November IS, 2006 Aaron Harp, Esq. Assistant City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 Subject: Underwater Pareels,.Newport Harbor Dear Aaron: Enclosed for Acceptance by the City of Newport Beach are: BYMESSENGER R E (DIE- I V E D NOV 13 2006 CITYATTORNEY'S OFFICE CITY 0 NEWPORT BEACH Quitclaim Deed (Underwater Parcels — Fee Interest); and, Assignment of Easements (Navigation Easements over Underwater Parcels), in favor of the City, fully executed and acknowledged by The Irvine Company LLC. Drafts of these documents were previously reviewed and approved by your office. Once the Acceptance has been signed by the City Manager, please return the documents to me for recording. Thank you for your assistance in processing these documents. If you have any questions or require any further information regarding this matter, please feel free to call me directly at (949) 720-2564 or send me an email at bincmahon:QirvinecoMp��nj.qom. *Sincere Ly Brigid D. McMahon Senior Director, Legal Administration Enclosures (2) cc: Dan Miller, TIC (w/o encls.)- Mary Westbrook, Esq., TIC (w/o encls.) 550 Newport Center Drive, Newport Beach, California 92660-7011 - (949) 720-2000 EEL GFfAS$,INSPECTION NO-EELGRASS !THIN 15,bFPROJECTI EELGRASSINT - PROJECTAREA L ol'tpri uric 44 o 15 PERMIT# 5z. —.A— sow 118 HARBOR CITY OF I 1 1 A W.. P� -7. . %J3 X 0 77 1 V I C i �J I -jr'-K 1-51 k CE T C H 5-0 U,'7 47 5 Ir-) rw.?� 57 //�7�f3 /— / A-1 Z� 'A —,9::- ge. S3' -SA Ajct '7 —lo r, -D F 55 - A �e Mgv-e -� +,,, 0 (1v rV� f 4�� 7�i! A 0 0 03 P-4 ............ 0 pr 9 V) C) C) C14 Lr) cl- P. 1:13 P- CIJ 03 No, IV - 1:10 7E5 ............ 0 pr 9 V) C) C) C14 Lr) cl- P. 1:13 P- CIJ 03 No, MARINERS ESCROW 1100 NEWPORT CENTER DR. SUITE 200 / NEWPORT BEACH / CA / 92660 / USA T 949.640.6040 1 F 949.721.8157 TWWW.MARINERSESCROW.COM May 4, 2005 Lorrie Arcese/Harbor Resources Div. City of Newport Beach 829 Harbor Island Dr. Newport Beach, CA §2659 Re: 28514 -BF RE: Permit #133-42/42 Linda Isle Please find enclosed the completed Pier Transfer application, fully executed by buyers/seller. Please complete transfer. Thank you. Should you have any questions, please call us at the telephone number(s) referenced above. Officer MW Corpo: W1 Po'b it. & L_ .1 � _�h W-PURN o E L 11. - E F 1 - Q%. P I 'I Gi- IN A N U � .1, HARBOR PERWT TRANsf,m "PLICATION 829 Harbor Island Dxive Newport Beacil., CA. 92660 *.*Date of Appilloaton: 417/05 Permit Numbal - wxProperty Address: 47- LUM ISLE nwov BEmz,. c& 97-660 *wBuyer's Names; R013ER2 K.- Ito= & SUZAWE MTH Billing Addross.- 433 NOR= CAMDEN -DR- #1070 S. CA 90210 Telephone No.: Buyees Signatures: WwSellllerls -Names: Seller's Signatures: jolht Owner Signature: *wEscrow Company: 9AREWO "Address I 100 XM= Ca= WTW�_ gloa NWom MACH, CA 97-660 **FaX #:(949) 721-8157 *'&Eacrow Number: 7 -8514 -DI? Closing Date (Estimate): 5102/05 *STARRED ITEMS MUST 13E CONIPLETE TO BEGIN THE PROCESS, inspection Date: Reinspection Date: Fee Paid: Check No. Application Complete: Harbor Resources 51,00 Spedal COnditlonsr.' This permit is rsvocabjr;�,by the city C;ouncff in awordance with TIfie 17 ofthe Newport Beach Municipal COde. 616 'd SDIM -S31M03 YOM Nd��:z sooz'e ef SELLER - SIGN AND REE TURN HARBOR PERAHT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 **Date of Applicaton: 4/7/05 Permit Number: "Property Address: 42 LIMA ISLE NEWPORT BEACH, CA 92660 "Buyer's Names: ROBERT K. BARTH & SUZANNE BARTH Billing Address: 433 NORTH CAMDEN --DR. #1070 Telephone No.: Buyer's Signatures; "Seller's -Names: Seller's Signatures: Joint Owner Signature: BEVERLY HILLS, CA 90210 **Escrow Company: MARINERS ESCROW CORP "Address I I DIU XWQRT CEEM DRIVE, STITTE #100 KMORT -BEACH. CA 92660 **Escrow Number: 28514 -BF **Fax #:(949) 721-8157 Closing Date (Estimate): 5/02/05 *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. Inspection Date: Reinspection Date: Fee Paid: Check No: Application Complete-, Harbor Resources SignaturelOate Special Conditions: This permit is revocable by the City Counoll in accordance with Title 17 of the Newport Beach Municipal Code. L� 1'F 0 p, 5 Mariners Escrow Fax 949-721-8157 CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 Re: Pier Permit #133-42 42 Linda.1sle, Newport Beach Escrow # 28514 -BF Dear Sirs: The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by the buyer and seller the pier will be transferred. Thanks for your help and if you require further assistance in this matter, please call 644-3034. Sincerely, Lorrte Aroese Lorrie Arcese Harbor Resources Division HARBOR PERMIT TRANSFER APPLICATION /33 - V;L, Date of Applicaton: 4WO6 Permit Number: Property Address: Z� ('I'VICIA �17-s Lc WAA,U 00 9-4 OLD .9 Z&40 Buyer's Names: &�-4-14 Billing Address: Telephone No.: Buyer's Signatures: Seller's NamesQ=AA AS Q-pw, -Te us f -a -Q, Seller's Signatures: Joint Owner Signature: Escrow Company: Address Escrow Number: Closing Date.(Esti mate): 2 Inspection Date: Reinspection Date: Fee Amount: Date Paid: Check Number: Application Complete: Harbor Resources SignaturelDa,416 Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. I INSPECTION FORM Harbor Resources Department Date: A Inspection Requested By: Inspector: Don Duffy Pier Address: Pier Transfer Reinspection GFI Present Yes Need Non Need Yes Need Anti -Siphon Backfiow Present -00, Other Comments Tlell e) Eelgrass Yes No Presentl I Pump Out Pier Location Yes No Operationall I Recommended Action. Encroachmenet Address of Complaining Party Boat Description -CF.Number Location on Dock Comments / Observations Other Request Cl r K Nxwpoe,- dxAciv ZE 0/ '4 Af 0( OAAL 'r,4 -J C cl 0 3h *4t& C' 4e- VICIKIITY SkETCH bwawr IjFrry t NEWPOPffr DAY1 CAL 11FOIlLNIA I I.-- RPM— 1— "",ra,7 lolr4ro'.1, A5 -r- A-1 D A t3 --4 AJO IZA,4, fP rz st. .. . ..................................................................... . . K F, ni. 41 Vol US jc �Jo. 7) o 51 5/36/79 !�FA -7---) 7- B 4,t-, 7 -,WA C7--* Al 0A /--s- COAIrMAC roff OAre Z-. /7/791 Cl r K oo� Nwwpogr dxwc�w r L r - Q o, 60 r,4 J. J pie C, Dle4LO / -n 1� / �� 3 - V-.k� 0-6 B 5-1-rzE: Af AD Pie& es.rw //T 107 , 04&40.0 C, 0 ViCiMITY SKETCH 'IV,,, -111rry 148WOPONr ISAY, CAL IFOANIA Soancetnqps cp.-* -AR-lesseof 11r) &6,1 one atonoyle Oh belOW -11?eOl7 Lovpr- Zow 6/0%0�esp-. Moz,mpov," are e.Tjo614f*shwW /." A40's .5eckap Ac- < A- - 4o rv; 41 je 3 A)o. 7c) -r/ I(e B4,,Ic, 7-AEAC7-,'4003 CAA.1'rS 7 Ad Appeps SS 1� -'Z) AJZ%4 1_5.e -,E! CAU7WACrcW; 54m evlrY 0A7S;'ff1717q r - Q Dle4LO / -n 1� / �� 3 - V-.k� 0-6 B 5-1-rzE: Af AD Pie& es.rw //T 107 , 04&40.0 C, 0 ViCiMITY SKETCH 'IV,,, -111rry 148WOPONr ISAY, CAL IFOANIA Soancetnqps cp.-* -AR-lesseof 11r) &6,1 one atonoyle Oh belOW -11?eOl7 Lovpr- Zow 6/0%0�esp-. Moz,mpov," are e.Tjo614f*shwW /." A40's .5eckap Ac- < A- - 4o rv; 41 je 3 A)o. 7c) -r/ I(e B4,,Ic, 7-AEAC7-,'4003 CAA.1'rS 7 Ad Appeps SS 1� -'Z) AJZ%4 1_5.e -,E! CAU7WACrcW; 54m evlrY 0A7S;'ff1717q CITY OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN Oil THE REVERSE HEREOF. AT THE SITE INDICATED, SUEJECY TO THE PROViSIONS OF THE HARBOR PER11411T POLICiES OF NEWPOI-,.'7 BEACH ANU ANY SPECIAL CONWTEGNiS LiSTED TiUs PERMIl IS NOT TRANS FERA13 I.I.E. C09,14SENT 0;� THE CITY HARBOR COORWI'dAT14,R OR CiTY COUNCiL. THi RIGHTS GIVEN UNDER THIS PEr`M5lT'Ard,,:. PERNUSSIVE ONLN AND THIS PERMIT MAY BE REVORED BY THE CETY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. PERMIT NO. CITY HARBOR COORDINATOR DATE SPECIAL CONDITION!91. Corps of Ergincers Permit 15- /-:3 --717 Orange County Permit Other.- �5cle-zcc -,D - F- T CONSTRA-UCT10- IN, _,Trlr DATE .... SEE ATTACHED SHEET BUYERS' NAME(S) ' MAILING ADDRESS - $alto .12 Asipso- wili t T40 APPROVED BY: DATE OCHD El ENG COUNCIL PUBLIC WORKSD DEPT. ESCROW INSPECTION El SPECIAL CONDITIONS: THIS PER OF THE MUNICIPAL CODE. Jl ADDRESS OF FACILrrY- n PERMIT TEL PkdN_ N E 0. EE CHECK No- DATE FILKLUY MADE JO TRANSFER HARBOR PERMIT SELLERS' NAME(S) BUYERS' NAME(S) OVE NAMES TO B -TYPED) SIGNATUFE OF -SELLER SIGNATUiFE OF -]3uyER SIGNATURE OF SELLER SIGNATURE OF -BUYER SIGNATUR APPLICATION APPROVED (DATE) ITY HARBOR CO�O-DJNATO� OUAISLE BY THE C;ITYZOUNCIL IN ACCORDANCE WITH TITLE 17 CITY 0.11 NEWPORT BEACH, CALIF. WX FORM 66.1013 REV. ATf CX CA11"041A r"UFORNIA COASTAL COMMISSION )UTH COAST REGIONAL COMMISSION A I OCIAN bDL#LJVAJkD. Soyl 111)7 NG HACK. CA11".41A ONDI 31 Ito J." I COASTAL DEVELOPMENT PEP,"= PPlication Number: A-79-5762 ime ofApplicant: Robert Eaton 42 Linda Isle, Newport Beach, Cali-fornia 92663 -rmit Type: E]Emergency D Standard 13 Administrative velopment Location: 42 LiD_da-lsle 7"T -- — - -- - velopment Description- Remove existing dock and Pilings, install new dock and pilings, and revise existing ramp in conjunction with existing single-family dwelling. Project has State La'nds and Regional Water �uality Control Board approval. The Proposed development is subject to the following conditions ITTosee Pursuant to the California Coastal Act of 1976: one NIA 'ition/s met on By Page I of 2 Fage 2 o! 2 The South Coast Comm�'- i� i finds that: A. The proposed development, or as conditioned; 1. 'The developments are in conformity with the provisions of Cha�-.er 3 of the California Coastal Act of 1976 and will not prejudice the ability of the local government to prepare a local coas�al program that is in conformity with the provisions of Ch2�-,E-:- 3 of the California Coastal Act of 1976. 2. If located between the nearest public road and the sea o:- 5�--,7C- line of any body of water located within the coastal zone, t�,e development is in conformity with the public access and pul)lic recreation policies of Chapter 3 of the California Coastal A:t of 1976. 3. There are no feasible alter -natives, or feasible mitiga�ion measures, as provided in the California Environmental Act, available for imposition by this Comn.ission under the power granted to it which would substantially lessen any ficant adverse impact that the development, as finally prcD7--� may have on the environment. 11. Urhereas, at a public hearing, held on Huntington Beach number A-79-5762 by a unanimous *�; September 24, 1979 al 'is approved. vote pe=..;.t 'IV. This permit may not be assigned to another person except as provide.' in Section 13170, Coastal Commission Rules and Regulations. V.. This permit shall not become effective until a COPY of this pe=--':: has I . been returned to the Regional Commission, upon whi ch copy all permittees or agent(s) authorized in the perrrdt application have acknowledge� tha� they have received a copy of the per -mit and have accepted its contents. V1. Work authorized by this permit must commence within two years fro7n the date of the Regional Commission vote upon the applic�T—tion. Any exte:�sio-.- of time of said commencement date must be applied for prior to expiration of the permit. 11. Issued on behalf of the South Coast Regional Con-rmission on September 28, f 197 9 . M. J. Carpe(;�ter Executive Director 1, . , permittee/agent. hereby acknowledge Yeceipt of Permit 14uuber A-79-5762 and have accepted its contents. (date) (Signature) ss MARINERS.,- JROW NOW D' " i1WUW FENRRL Y SAVINGS AND LOAN ASSOCIATION IQW DATE: SEPT. 14, 1979 Westcliff at Dover Newport Beach, CA 92663 (714) 645-8111 1024 Bayside Dr. Newport Beacl-4 CA 92660 (714) 673-3322 CLOSE OF ESCROW OWNER CHANGE INFORMATION SHEET / �3 -3 - vz_- 310 Glenneyre St. Laguna Beach, CA 92651 (714) 494-1011 F� 6006 Lake Road Irvine, CA 92714 (714) 559-5501 ASSOCIATION- City of Nexpnrf- 'Reach ASSOCIATION ADDRESS: 3300 Newport Boulevard, Newport Beach, Ca. LOT: 42 TRACT 4003 PROPERTY ADDRESS: 42 Linda Isle, Newport Beach, California BUYER: (full name and vesting) Frederick W. Field, a married man as his sole and separate property MAILING ADDRESS: (if different than property address) SELLER: Jacquelyn Lang Eaton ESCROW COMPANY: Fidelity Federal Escrow ESCROW NO. - DATE OF CLOSINC 2482 051 9-14-79 ESCROW OFFICER _ Dana Periqi SALE PRICE: TRUST DEED HOLDER: jacguelyn Lang Eaton M-ES1424 3M(9-78) LOAN NUMBER: STATE OF CALIFORNIA EDMU G BROWN JR, Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST REGIONAL COMMISSION dp 666 E. OCEAN BOULEVARD, SUITE 3107 P.O. BOX 1450 September 12, 1979 LONG BEACH, CALIFORNIA 90801 (213) 590-5071 (714) 8460648 NOTICE OF PUBLIC HEARING Pursuant to order of the California Coastal Commission, notice of public hearing is hereby given. Said public hearing is scheduled on the - September 24, 1979 Agenda for application for permit, number A-79-5762 *** as submitted by Robert Eaton Remove existing dock and The subject request is to permit ilings, install new dock and pilings, and revise existing ramp in conjunction with existing single-family dwelling. Project has State Lands and RWQCB approval. at 42 Linda Isle Newport Beach, California Said agenda public hearings will commence at 9:00 a.m. on Septenber 24, 1979 at Huntington Beach City Council Chambers 2000 Main Street, Huntington Beach, California During which time all persons either favoring or opposing the application will be heard. Testimony should be related to issues addressed by the California Coastal Act of 1976. Any written corres- pondence regarding the application should be directed to this office prior to the hearing date. All interested individuals who wish additional information may con- tact this office. e �r M. J. r -pe Executive Director FOR APPLICANT ONLY ..... COPY OF THIS NOTICE IS TO BE POSTED ON SUBJECT PROPERTY 3678 TRAUTWEIN BROS. SUMJKCT--/- General Engineering CantranoIrs ------- ------- ?::'0 /t ----------------------- 2410 Newport Blvd. Newport Beach, Calif. 92660 ------ rg eIP- 7- 5fA7-�01L,' ---------------------------------- 673-1960 9W � L -i Lo r 4z .son pdo.-Z-Z�--5-2 ----------- -- ----------------------------- D AT K�/�'/27 CMKD. MY------DATIE-------- 0 ;70, — C -- SPLCO-N DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES. CALIFORNIA 90053 Mr. Sam Kniss Trautwein Brothers 2410 Newport Boulevard Newport Beach, California 92663 23 May 1979 Re: Privately owned boat dock of Mr. Robert H. Grant, 42 Linda Isle, Newport Beach, California 92663 4 Dear Mr. Kniss: Thank you for your letter of 10 May 1979 notifying us of your intent to construct a privately owned boaE--d-o—ck at 42 Linda Isle, Newport Beach, California. Your drawings have been reviewed and generally conform to the provisions of General Permit GP -004 for installation of privately owned 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 004-077 If you have any further questions please feel free to call our Navigation Branch at (213) 688-5606- and refer to this number. A copy of the General Permit is inclosed. 7 Sincerely yours, Z Incl As stated vz�r" R41, 77 ss' =(r*ES' C FL 537 Apr 77 /Rg4iP . E. .P. YO Chief, Construction - Operations Division '-po ,0710,V in Cl r K o,*- Nrvpoe,- 9,r.4clv L rAAJ 0 �JC- 4e r J,5 j3 rl-7-,E— At C, 'cog 0 'ov wasr .1mrry VICIMITY SKETCH 5'o 41--1 dl,? 9p s 42.-4r expressed IP7 &,,;� op)ce cla-0/e eoploAls be/ow 'I'ICO,7 Lowdrp- Low MbAer-. A40jft-vpwpp rooppe o/' /1'ale /0 "drev. A?6rhor- 4�7cs are esio6l.shed /;7 71h"s . secIto? oyc"vewpgW/ 250r. t� 40Q % "AlffP A-10 /2 Ile 101; 41 L C jet- jo t3 A)o. 7,) o 5-t 5/36/79 tj Bf-x, 7-ArAC7-.*400'3 CoAl7wAcrow; 5 -..VM evIry OA71e; �16A -517Z79_ CITY OF IwEwpoft-jr "A%KlS0F? PERINUT PE*M'SS'ON IS HEREaY CRANTED TO CG;'MTRUCT Akr, MAINTAq4 THE FACMITY EHo-tqN 0-4 TPE pEV--2ZR5L AT THE SITE INDICATED,, SLq,?jZCT To yu - r, - HEREOF. THE HAI?lao�T PER7.41T' pOL2C��-.— e- ��CViSIONS IDY ANY SPECIAL -Z7 CC --ACH AM T, IS NOT TRANSFER,4E-:LE PERM THE CITY ONSENT 0: RIGHTS OR 'cIT" COUMC�L. AND TFIS pERMI-r IW Tf ONU AV etz ---Y COUNCIL '7 1' C E " IN ACC . ORDANCE WITH TIFLE 17 OF THE '"l%"-CJPAL CODE. CITY HARBOR C—OORD—IFOATOR VE—R —MI T —ly 0. D TIE SPECIAL CONDITIONS: CoI'.?JS Of Engineers Permit Orange County permit Otheq,. oplo*�� ,S- ?IF, -77 7 ->-</- 7 F -11,T TT CONSTRUCT10,111 c;,v, j DATE ....... ............... SEE ATTACHED SHEET TRAUTWEIN BROS. SUIBJKCT- -,F Genenal Engineering Cont7"tors ----------------- 2410 Newport Blvd. Newport 9..ch, Calif. 92660 ------ L0�7�41",4-1 673-1960 - 5D 14, 4; C7-1 _7 ,,_,4 .. . ....... Lo -r 4Z FA SHEET NO...-Z---OF-.-I/ --- JOB ----------------------------- BY-- --M --- Ie --A'—) fcrJ— D AT K71:i�1127. CHKD. / I , -= 2 c, -------- --- 1,7 rIA 70 , / � 3, - dtft" I LOCATION, PERMIT # FL;j—�L Buyer Selle Date Application Rec'v: Date Fee Rec'v: Oral Request for -In k spection G;7 76 1 70 Escrow Co. Date Escrow Officer Escrow # Date Inspection Made Date, Deficiency Letter Sent (if a pplicable) Date Deficiency Corrected (if,,applicable) Date Orange County Notified (if applicable) Date Transfer Completed 1. Location: 2. Plumbing: 3. 4. REMARKS: (5e--4 a, Inspector's Initials 97 WATERFRONT CONSTRUCTION To: . Mr.. ROert Eaton 42 Linda Isle Newport Beach, CA 92660 Attn: Steve Diiullo Re: No -i dock @49 T.in(9;; T-qlt- Dear Steve 2410 Newport Boulevard Newport Beach, California 92660 Telephone (714) 673-1960 Contractors License No. 258975A For your convenience and to expedite the processing of the permits, etc. that are necessary to the above project, I can sign for you as your agent on all such documents. If this is your desire, please endorse below. Please retain one copy for your files. I authorize you ,tt� A� to act Sincerely, TRAUTWEIN BROTHERS 9a -m Kniss 1-21 ESS) 7WO—RNEN A PARTY WlTH COURT USE ONLY ,,,0 OUT ATTORNEY (NAME AND ADuA TiLEPHONE LE!s !. Hartley (714) 720-8138 610 Newport Center Drive F L E D Suite 1530 Caf NeWAEFY5`�R 1 _if�2660 TTO B%Uha n A NA insert name of court, ivaiciai district or branch court. it any, and post office and street address: ORANGE COUNTY SUPERIOR COURT GARY L. GRAINVILLE, 0ounly Clerk i 700 Civic Center Drive, West By 777�T Santa Ana, California 92701 PLAINTIFF� COTE REALTY & INVESTMENT COMPANY INC. /ii1i"`,iy CITY OF NEWPORT BEACII, rAll Jr DEFENDANT� FREDERICK W. FIELD & DOES 1 through 50 inclusive 1 2719861, U9 Pilp-SVV'Eft CIVIL SUBPENA =COURT EMDEPOSITION CASE NUMBER. ' ' 'I F REW 4 0 3 0 7 8k,�,-- 7, RR DUCES TECUM OTH E R (specify): j� r7 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (NAME) - 7 Custodian of 17"ecords for t`ie 01_' i-,�e'vipc;rt f--arine Ilerartmert I 1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action as follows unless you make a special agreement with the person named in item 3: a. Date: �rii 4, 19 Time: -z . 'z,) = Dept.: Div.- Room: Newiziort Beach, Ca. b. Address:610 Newport Center Driv 2. and you are a. = ordered to appear in person. b. not required to appear in person if you produce the records described in the accompanying affidavit in compliance with Evidence Code sections 1560 and 1561. c. ordered to appear in person and to produce the records described in !he accompanying affidavit. The personal attendance of the custodian or other qualified witness and the production of the original records is required by this subpena. The procedure authorized pursuant to subdivisjor (b) of section 1560, and sections 1561 and 1562, of the Evidence Code will not be deemed sufficient compliance with this subpena. d. = ordered to designate one or more persons to testify on your behalf as to the matters described in the accom- panying statement. (Code of Civil Procedure section 2019(a)(6).) 3. IF YOU HAVE ANY QUESTIONS ABOUT WITNESS FEES OR THE TIME OR DATE FOR YOU TO APPEAR, OR IF YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE ATTORNEY REQUESTING THIS SUBPENA, NAMED ABOVE, OR THE FOLLOWING PERSON, BEFORE THE DATE ON WHICH YOU ARE TO APPEAR: a. Name: b. Telephone number: 4. WITNESS FEES: You are entitled to receive witness fees and mileage actually traveled. as provided by law if you request them BEFORE your scheduled appearance. Request them from the person named in item 3. 5. If this subpena requires your attendance at proceedings out of court and you refuse to answer questions or sign as required by law, you must attend a court hearing at a time to be fixed by the person conducting such proceedings. 6. You are ordered to appear in this civil matter in your capacity as a peace officer or other person described in Government Code section 68097. 1. Date: Clerk of the Court, by De DISOBEDIENCE OF THIS SUBPENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RES14LTING F90M YOUR FAILURE TO OBEY. For Court Use Only March 12, 1986 Dated: Form Adopted by Rule 982 Judicial Council of California Revised Effective January 1. 1982 (Signature 11 erson issuing subpena) Hartley, �/s -f. . ' . . � . I � ............. (Type or print name) Attorney for Plaintiff ( Titl a) (See reverse for proof of service) CIVIL SUBPENA 1-22 PROOF OF SERVICE OF CIVIL SUSPENA 1. 1 served this r7subpena F7subpena cluces tecum and supporting affidavit by delivering a copy personally to the person served as follows: a. Person served (name): (J-lu st o d i an o f rec,)rds for trie City of e _L -t 1; ar b. Address where served: e o r t E e a Ch .ar - n e �ut J Hall 3300 ew-,Drt Livid. C i t., 9 26 63 e,,, 0 r It, �,gach, (�a. c.,,Date of delivery: %rd. Time of delivery: e. Witn.ess tees (check one) were offered or demanded and paid. Amount. . - - $ (2) were not demanded or paid. f. Fees for service . . . . . . . . $ 2. 1 received this subpena for service on (date): 3. Person serving a. Not a registered California process server b. Registered California process server. c. Employee or independent contractor of a registered California process server. d. Exempt from registration under Bus. & Prof. Code section 22350(b). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and cor- rect and that this declaration is executed on (date): . . . . . . . . e.= California sheriff, marshal, or constable. f. Name, address and telephone number and if applicable, county of registration and number: (For California sheriff, marshal, or constable use only) I certify that the foregoing is true and correct and that this certificate is executed on (date): at (place): . . . . . . . California. (Signature) (Signature) ATTORNEY ORFPARTY WITHOUT ATTORNEY (NAME Al� 60RESS) TELEPHONE NO U -IRT USE ONLY Les J.'Hartley 714-720-8138 61b,Newport Center Drive, # 1530 Newport Beach, CA 92660 ATTORNEY BAR ATTORNEY FOR (NaM@) Plaintiff insert narne of court judicial district or branch court it any and post office and street address ORANGE COUNTY SUPERIOR COURT 700 Civic Center Drive, West Santa Ana, Ca. 92701 PLAINTIFF CASE ER COTE REALTY & INVESTMENT COMPANY I 4NOUM380 78 OEFENOANT FREDERICK W. FIELD & DOES 1 through 50, inclusive DECLARATION FOR SUBPOENA DUCESTECUM re DEPOSITION STATE OF CALIFORNIA, COUNTY OF ORANGE The undersigned states: That he is attorney of record for Plaintiff/Defendant in the above entitled action; that the deposition of the Cuistodian of reccrds for trie IN.ar-iie Lept. is noticed for hearing before _r eS T. .0 (J a-, t I e y it 30 o'clock Lrr %I.. inroomNo. 1530 610 Newport Center Drive City of Newport Beach, STREET ADDRESS County of Orange , State of California, on the ZL tl -, day Of -mr)ril , 19 F6 That the above na::,ed de -P nent NAME has in his possession or under his control the following documents: (Designate and name the exact things to be produced) See Exhibit "A", attached hereto and incorporated herein by reference. That said books, papers, and documents or other things are material to the proper presentation of his case, and good cause exists for their production by reason of the following facts: 1. Said documents are in the possession of the above-named deponent and not available to Plaintiff. 2. Said documents are relevant to the issue of whether or not FREDERICK W. FIELD breached his exclusive listing agreement with Plaintiff except as noted below; 3. The documents in categories 8 & 15 are relevant to the issue of bias of one or more witnesses. 4. The documents in catagories 38 & 41 are relevant to the issue of the extent of Plaintiff damages. I declarie under penalty of perjury that the forie going is true and correct and that tho 4declar was executed on M;; -rc-h 1 9 19 86 , at_Newiport Beach, California. (Sig 6tu7e —ofoeclarant) LeA. HartTey Attorney for Plainti—f 1 2 31 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" A. Definitions: 1. The real property located at 42 Linda Isle, Newport Beach, California shall be referred to as the "Field" property; 2. The real property located at 23808 Malibu Road, shall be referred to as the "Bren" property; 3. The'exchange of the Field property for the Bren property in 1982 shall be referred to as "the exchange"; 4. nDeponent" shall mean any individual referred to above, or any person or entity whose custodian of records is referred to hereinabove; 5. The real property to which Judith Field first moved, after vacating the "Field" house, in 1982, shall be referred to as "Judith's next house". B. The following persons and/or entities are referred to as follows: 1 . "Paris"; 2. to as "Rapf"; Paris Moscopdis and Paris Realty are referred to as Carol Rapf and/or Jim Rapf and Associates are referre� 3. The Bank of America is referred to as the "B of A"; 4. Donald Bren, Bren Co., and Marianne Bergschneider aka Marianne Pope, are referred to as "Bren"; 5. Frederick Field, Pat Soldano, and Steve DiIullo, are referred to as "Field"; 6. Tom Baldikowski, Bruce Charles, and the law firm of 4 Baldikowski, Frost, Charles & Collett, and/or any successor 2 thereto, are referred to as "Baldikowski"; 3 7. Susan Klyger and Title Insurance and Trust Co. are 4 referred to as "TI"; 5 8. James R. Morton and/or James Root Morton, & Co., 6 are referred to as "Morton"; 7 C. The documents to be produced are as follows: 8 1. The calanders and/or diaries of all of the depo- 9 nents referred to herein above for 1982; 10 2. "Baldikowskils" Time Sheets for 1982; 3. All documents which reflect or refer to "the 12 exchange"; 13 4. The files of each person referred to in Par. B 14 above, and/or each deponent regarding the exchange; 15 5. All telephone message slips or message pads con - 16 taining telephone or other messges received by each person 17 referred to in Par. B, and/or each deponent referred to above 18 from 6-1-82 to 1-1-83; 19 6. The rolodex or other record of the telephone num- 20 bers of each person referred to in Par. 3 and/or each deponent in 21 1982; 22 7. The telephone bills received by each person 23 referred to in Par. B, and/or each deponent from 6-1-82 through 24 1-1-82; 25 8. The telephone bills received by each person 26 referred to in Par. B, and/or each deponent from 6-1-82 through 27 the present; 28 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91. All notes of any person referred to in Par. B, and/or each deponent which refer to any conversation with Plaintiff, or any other person referred to in Par. B, or any other deponent, from 6-1-82 through 1-1-82; 10. All notes of any person referred to in Par. B, and/or each deponent which refer to any conversation with Plaintiff, or any other person referred to in Par. B, or any other deponent, from 6-1-82 through the present; 11. All correspondence between any person referred to in Par. B, or any other deponent, and any other person referred to in Par. B, or any other deponent, that refer to the "Field" property, and/or the "Bren" property, and/or the "exchange"; 12. All records of any person referred to in Par. B, or any other deponent regarding "TI" Escrow No. 644 644 SK and/or "TI" title insurance Order No. NB 91633, and/or "TI" Order No. 78011; 13. All files of the Irvine Co. regarding Residential Lot 42 of Tract 4003, in the City of Newport Beach,'State of California; 14. All cancelled checks of any person referred to in Par. B, and/or any deponent, payable to or on behalf of any other person referred to in Par. B, or payable to or on behalf of any other deponent from 6-1-82 to 1-1-83. 15. All cancelled checks of any person referred to in Par. B, and/or any deponent, payable to or on behalf of any other person referred to in Par. B, or any other deponent from 6-1-82 to the present; 6 16. Any and all written communications in 1982 by or on 2 3 behalf of any person referred to in Par. B, or any other person 4 to the Environmental Management Agency ["EMAn] of the County of orange for regarding any and all proposed Tidelands Use and 5 6 Occupancy Agreement for the "Field" property, in 1982 and any and 7 all responses from the "EMA"; 8 17. All "B of A" files regarding the making of any and 9 all loans on either the "Bren" or the "Field" properties 10 including "B of A" loan No: 1101-401-00265, and/or 401-000256, 11 and/or 1341-401-060042, and/or 401-024372 and or 0600-2, and all documents proposing or relating or referring to any substitution 12 13 of liability for any or all of said loans; 14 18. All records which reflect the address of "Judith's 15 next house" and the last known address and telephone number of 16 Judith Field and/or Alison Christler; 17 19. All notes, correspondence, and/or telephone messa- 18 ges respecting any communications between any person referred to 19 in Par. B, and/or any deponent, and any other person referred to 20 hereinabove, or any other deponent, and/or Alison Christler, 21 respecting any search or other effort made, by or on behalf of 22 Judith Field to find "Judith's next house", from 6-1-82 through 23 1-1-83, including any and all communications with moving com- 24 panies, real estate brokers, and/or the sellers, lessors, and/or 25 o wners of "Judith's next house"; 26 20. All notes, correspondence and other communications 27 between any person referred to in Par. B, and/or any other depo.- 28 nent and Ray"s Exterminator Co. in 1982, regarding the "Field" 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 property and/or any other structural pest control operator in 1982, regarding the "Field" or the "Bren" properties, or "Judith's next house". 21. All notes, correspondence or other communication between any person referred to in Par. B, and/or any other depo- nent regarding any insurance company and/or insurance agent con- cerning actual and/or proposed insurance for either the "Bren" or the "Field" properties,,and/or "Judith's next house", in 1982, including but not limited to the Chubb Group of Insurance Companies, Frank B. Hall, Fireman's Fund Insurance Co., and/or Lance & Co. 22. The names, and last known addresses and telephone number of all persons who participated in the inventory, in 1982, of the personal property locted at the "Bren" property; 23. All notes, correspondence, or other communications between any person referred to in Par. B, or any other deponent and the person or persons who inventoried and/or prepared any inventory of personal property between 6-1-82 and 1-1-83 at the "Bren" house; 24. All notes, correspondence, or other communications between any person referred to in Par. "B" and/or any other depo- nent, in 1982, with any representative of the Linda Isle Community Association regarding, the "Field" property, or the City of Newport Beach regarding the pier and slip contiguous thereto. 25. All notes, correspondence, or other communications between any person referred to in Par. "B", and/or any other 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 deponent, and any C.P.A. or other tax advisor, in 1982, regarding the proposed exchange and/or subject of whether or not the "exchange" was a tax-free exchange; 26. Any and all notest correspondence or other com- munications with "B of A", and/or R.L. Gabel, and/or J. Tantges, regarding the "Bren" or the "Field" properties, or "Judith's next house", in 1982; 27. Any and all notes, drafts, calculations, estimates, or projections, or other communications made by or on behalf of Defendant Frederick W. Field, and/or Donald Bren, by any person referred to in Par. "B", any other deponent, or any other person or entity regarding any sums to be paid any real estate broker, as a commission, finders fee, or otherwise, in connection with "the exchange". 28. All matters Frederick W. Field considered and/or relied upon in deciding to send Plaintiff a letter dated 11-1-82 regarding the purported rescission by Frederick W. Field of the exclusive right to sell agreement listing the "Field" property with Plaintiff. 29. All appraisal reports, policies of fire insurance, or other documents evidencing the value of the "Bren" house since 6-1-82 to and including the present. 30. All documents reflecting the membership in 1982 of Donald Bren in the Balboa Bay Club. 31. All documents reflecting the receipt by Donald Bren and/or "Bren", of the Bay Window Magazine or other publications of the Balboa Bay Club in 1982. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32. All documents reflecting the receipt by any person referred to in Par. "B", and/or any other deponent of a magazine known as Unique Homes in 1982. 33. All notes, correspondence or other documents reflecting the dates, from 6-1-82 through 12-1-82, when the "Field" property was on the market and/or not on the market. For purposes hereof, "on the market" means offered for sale or exchange. 34. Any and all notes, correspondence, or other docu- ments considered or relied upon by "Field", and/or Judith Field, regarding any plans of Judith Field to move from or not move from the "Field" house from 6-1-82 to 1-1-83. 35. Any and all notes, correspondence and/or other com- munications reflecting any disclosure by "Field" to Plaintiff of the identity of any persons or entities that "Field" believed .were interested in acquiring the "Field" house between 6-1-82 and 1-1-83, including but not limited to "Bren". 36. Any notes, correspondence or other communications in 1982, or at any time thereafter , between Frederick w. Field, and/or "Field", and Donald Bren, and/or "Bren", or any one else on behalf of "Bren", regarding Plaintiff, by name, or otherwise. 37. All notes, correspondence, or other communications between "Bren" and "Field", or any of their representatives, in 1982 regarding any actual or potential claims for real estate brokerage commissions, and/or finders fees based on the "exchange" and/or the negotiations leading up to the "exchange". 38. Any and all notes, correspondence, or other docu- 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ments reflecting the payment of real estate commissions and/or finders fees by "Bren" and/or the Irvine Company, since 10-1-82 to and including the present, including but not limited to any such payments made in connection with the "Field" property. 39. All documents reflecting the names, last known addresses and telephone numbers of all persons to whom any person in par. "B" and/or any other person any deponent has spoken with or had any other communication about Plaintiff. If any such com- munication was in writing, all such documents, since 6-1-82, to and including the present. 40. All documents reflecting any proposed or actual transaction involving "Field" and either "Bren" and/or the Irvine Company, since 6-1-82, to and including the present. 41. The names and last known addresses of all persons known to "Bren" who have expressed interest in purchasing real property within a thirty (30) mile radius of the City of Newport Beach, California, since 10-1-82, to and including the present. 42. All bills sent by the Regency Club to "Field", "Bren" and/or the Irvine Company, in October, November, and/or December of 1982. 43. All communications between Field, or any one on his behalf, and Judith Field, or any one on her behalf, regarding the proposed conveyance of the "Field" property to Judith Field in 1982. 44. All appraisals, and all documents requesting or referring to all appraisals, which refer to either the "Field" property or the "Bren" property, from 6-1-82: 45. All correspondence or other documents which refers 2 3 to either or both of the appraisals referred to in Item No. 44, above. 4 5 46. All offers, counter-offers, deposit receipts, agreements to purchase, sale or exchange, escrow instruction, 6 7 including all amendments thereto, deeds, notes deeds of trust, 8 assumptionagreements, preliminary title reports, binders, poli- cies of title insurance, policies of fire and/or other property 9 10 insurance, in 1982, regarding either the "Field" property or the 11 "Bren" property, including all drafts thereof. 12 47. All written communication or notes and/or other 13 memorandum of all oral conversations, between Defendant, or on 14 behalf of Defendant, or between Donald Bren, or on behalf of 15 Donald Bren, with any existing or proposed lender, respecting 16 any or all of the above described real properties in 1982. 17 48. All written communication or notes and/or other 18 memorandum of all oral conversations, between Defendant, or on 19 behalf of Defendant, or between Donald Bren, or on behalf of 20 Donald Bren, with any existing or proposed real estate broker or 21 agent, respecting any or all of the above described real proper - 22 ties in 1982. 23 49. All written communication or notes and/or other 24 memorandum of all oral conversations, between Defendant, or on behalf of Defendant, or between Donald Bren, or on behalf of 25 26 Donald Bren, with any existing or proposed escrow holder, 27 respecting any or all of the above described real properties in 28 1982. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 50. All written communication or notes and/or other memorandum of all oral conversations, between Defendant, or on behalf of Defendant, or between Donald Bren, or on behalf of Donald Bren, with any existing or proposed title insurer, respecting any or all of the above described real properties in 1982. 51. All written communication or notes and/or other memorandum of all oral conversations, between Defendant, or on be half of Defendant, or between Donald Bren, or on behalf of Donald Bren, with any existing or proposed property insurer, respecting any or all of the above described real properties in 1982. 52. All written communication or notes and/or other memorandum of all oral conversations, between Defendant, or on behalf of Defendant, or between Donald Bren, or on behalf of Donald Bren, with any existing or proposed occupant, respecting any or all of the above described real properties in 1982. 53. All written communication or notes and/or other memorandum of all oral conversations, between Defendant, or on behalf of Defendant, or between Donald Bren, or on behalf of Donald Bren, with any existing or proposed tenant, respecting any or all of the above described real properties in 1982. 54. All written communication or notes and/or other memorandum of all oral conversations, between Defendant, or on behalf of Defendant, or between Donald Bren, or on behalf of Donald Bren, with any existing or proposed Mover, Movers, or Moving Company, respecting any or all of the above described real 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 properties in 1982. [As used hereiny Mover, Movers, or Moving Company means any person or entity engaged in the packing, and/or transporting, and/or unpacking of personal belongs to or from either of the above-described real properties]; 55. All written communication or notes and/or other memorandum of all oral conversations, between Defendant, or on behalf of Defendant, or between Donald Bren, or on behalf of Donald Bren, with any existing or proposed telephone and/or uti- lity companies, respecting any or all of the above described real properties in 1982. 56. All copies of cancelled checks, cashiers checks, certified checks, deeds, notes, deeds of trust, received by Defendant and/or Donald Bren, in connection with the exchange of the above described real properties in 1982; 57. All documents, including any and all telephone bills, telephone message slips or pads, calendars, diaries, notes, correspondence, automatic logs, or other documents which reflect any written or oral communication between "Field" and "Paris", "Paris" and Rapf", "Rapf and Bren", or "Field" and "Bren" in 1982 which in any way refers or relates to the marketing, in any manner, of either the "Field" or "Bren" proper- ties, or both of said properties. 14 tT- CITY 0111'NENATORT BEACH MARINE DEPARTMENT 640-2156 I)ecember 20, 1982 Frederick W. Field J2 Linda Isle New�ort Beach, CA 92660 Dear Siri The City of Newport Reach has received an application to transfer pier permit 1 144-042 for the property located at 42 Linda Isle, Newport Beach. The structure was Inspected on 12/17/82 at which time it was determIned that the following deficlences existj I. Electrical conduit to docks needs repair in several places. 2. -Several electrical outlets need to have waterproof covers replaced. 3. 4. 5, In accor�auce with Section 10-D of the City Harbor Permit Policies# "All structural deficiencies must be corrected..." A permit for this work must be obtained from the Building Department, Would you please advise'this department when this requirement has been met, If you have any questions, please -contact me at 640-2156. Thank you for your cooperation. Sincerely, T o n y �Xe �ltiir Tidelands Administrator TM:ak CHY I Lill - 3300 Newport Botdc%-ard, Ncwport Bc.ich. California 92663 STATUS SHEET HARBOR PERMITS LOCATION g�— 2— Z -4m efgG. New Revision Dredging Date Rec'v— Fee Amt. Fee Processed Date Reviewed by M.S.D. Approved Denied Correction Req1d. - Desc. City Council: Approved Denied Remarks DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCD J.H.C. Or.Co. T.I.C. Application Consent Letter 79/ 5 - "Waste" Letter Drawings Staff Report REMARKS STATUS SHEET HARBOR PERMITS TRANSFER Location_ �2 /S/C-- Date Application Received / - 2- - 7 Oral Request for Ins ection Escrow Co. 6�t" '/ Permit # / 3 1 - // -1- Fee Recldz��_ Date 5�_ /2—?6'-?q]Date Inspection Made — ----Date Deficiency Letter Sent (if applicable) ,.---Date Deficiency Corrected (if applicable) ,--Date Orange County Notified (if applicable) Y� Pate, Transfer Completed 0. SECURITY PACIFIC NATIONAL BANK Newport Beach —BRANCH P. 0. Box 1847 New -port Beach —CALIFORNIA -92663 DATE December 31, 1974 City of Newport Beach ESCROW No. 72-894 Pier permit dept. Re: 42 Linda Isle City Hall 3300 Newport Blvd. Newport Beach Newport Beach, Ca 92660 L Gentlemen: Enclosed is the application for transfer of the existing pier permit to Jacquelyn Lang Eaton and escrow check in the amount -of $100.00 as per the inspection and report from Glen Weldon of your Harbor Safety Department. The new owner of the facility at 42 Linda Isle is Jacquelyn Iang Eaton and her mailing address for the next 30 days.is 77 Linda Isle, Newport Beach. Please issue your new pier permit to Mrs. Eaton. ou3?b s'ncer ly tj C� '1 1, i ispx'e 41 a6l ow ? CC/hs Senior Escrow ficer cc: file 02800-1 11-73 * too I oY Escrow Department Letterhead NUE1UPOTT RUC.�lj HARPOR PEROWSSRE01"! is N FACWTV AT Tom sjy,j G'F -Any SP20AL is ammy f v,. THE CITY HARECST conlynhiloo oil (Q!vjj:L, Tt": GNcN L: J _1�5757 M 14 '69 SPEEMAL C 0 D B2,1710M S1. fEB 14 M By C;Ty COU14CM FEB 24,69 --------------------------------- CITY FROM: TOi