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ERMIT
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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
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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
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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
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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,
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SPLCO-N
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT. CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES. CALIFORNIA 90053
Mr. 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
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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.
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�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
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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
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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
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3
4
5
6
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10
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25
26
27
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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
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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.
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24
25
26
27
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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
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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23
24
25
26
27
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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
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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
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AT Tom sjy,j
G'F
-Any SP20AL
is
ammy f v,.
THE CITY HARECST conlynhiloo oil (Q!vjj:L, Tt":
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SPEEMAL C 0 D B2,1710M S1.
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By C;Ty COU14CM
FEB 24,69
---------------------------------
CITY
FROM:
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