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HomeMy WebLinkAbout133-0073Aa a,yjv PORT IFMTAC',A EKARBOR PUM, PEIsMamHEREsy �,�ARAK'FrD Tfv, A?m MWNTAMI, '",E FACILIVY Si=VxtNrl O.N 7�1-�1,I,l :., ZVZ' E'S USMFOF ;77 'C',HE SME UIDICMED, SUUMCT TO TOOT PAWY5510PIS of" rMS HARBOR PEW`,,,MT PC%3t"-- EZE.ACl Aw, ANY WAMAL U 1 4r. t K'11"s k"IM12 AND 1IMS PERMS MAY EEl'kCIIIIIEE� E�,v vvi'�, ccwi%4f,, C C 0 R n- A N C� E V1 1" 'Z-a 1't Zi SA 7- G. `OHM A W A L C 0 0 K 13 . . . . . . . . . . . . . . r c g3TY MAI ............ 3 —0 - -,rdtp 7 71 F] $ cVm. Vtl DATE ........... - 71 ?; 1017 001 LEFgm,,;naebs2 Pe7.1frA Orange coura".v Permit Otber CITY OF NEWPORT REACH ARBOR PERMIT PERMISSION IS HERKBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE PEVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THZ P ROV;SIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT REACH ANC ANY SPECIAL CONDITIONS LISTED HERECN. THIS PERIWIG" IS NOT TRANSFERABLE WIT:#OUT THE d9 METTEN CONSENT C., THE CITY HARBOR COORDINATOR OR CIVY COUNCIL. TH RIGHTS GIVEN UNDER THIS. PERMIT ARE PERR71SSIVE OUL. AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNC&, . IN ACCORDANCE WITH TITLE 17 OF THE MUNZCI L CODE. CITY HARBOR COO+RDINAT 33- 3 SEP 25 1969 PERM 1 DATE P S ECIAL CONDITIONS: Corps of Engineers Permit Orange County Kermit TRANSFERRED Z21==w MOM: ta: //) G Lo'j J 07/29/2003 13:39 9497215435 CARR TEAM- PAGE 02 JUL-24-2003 13:06 STRADA PROR. 949 721 5010 P.01/01 W p��P��r'".� HARBOR PERMIT TRANSFER APPLICATION Date of Applicaton: Permit Number: Property Address: 7 Buyer's Names: Billing Address: Telephone No.: Buyer's Signatures; Seller's Names: Seller's Signatures: Joint Owner Signature: Escrow Company: a 4-1 Escrow Number. Fax Inspection Date: Reinspection Date: Fee Amount: Date Paid: Check Number: Application Approved: _ Harbor Resources Signawre/pars Special Conditions: This permit is revocable by the City Council In accordance with Tile 17 of the Newport Beach Municipal Code. TOTAL P.01 CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 9LIFOR� Strada Escrow Fax 949-721-5010 Re: Pier Permit 133-73 73 Linda Isle, Newport Beach, CA 92660 Escrow # 2158-R Dear Sirs: The City of Newport Beach has inspected the above property and found that it meets City standards. We will transfer the permit. For the information of the buyer, please inform them that the board at the end of gangway at the float is loose. If you require further assistance in this matter, please call 644-3034. Sincerely, 11 r—'Lo rie Arcese Harbor Resources Division HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island ]Drive Newport Beach, CA 92660 **Date of Applicatuna /03, Permit Number - "Property Address: "Buyer's Names: Billing Address: Telephone No.: Buyer's Signatures - "Seller's Names: Seller's Signatures: Joint Owner Signature: **Escrow Com "Address "Escrow Number: Closing Date (Estimate): 0 *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. so y��el �r�BO/ Oi�i�Ors� s��/es-POs�/s 9d/iee� mmr0 �6 o0A'Ieo o1!®A®CVO• Inspection Date: Reinspection Date: Fee Paid: r &ck No: 1 b 4 N I Application Complete: Harbof Resources Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. SIGN AND RETURN SEW POR -_- T IJ CITY OF NEWPORT BEACH V P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 cgtiFo�N� July 11, 2002 Mariners Escrow D 4 Civic Plaza #100 Newport Beach, CA 92660 Fax # 729-0199 Re: Permit #133-73, Escrow #2-3654-DJ 73 Linda Isle, Newport Beach, CA Dear Sirs: The City of Newport Beach Marine Department has received a request to transfer the above mentioned pier permit. The facility was inspected on July 10, 2002. We cannot transfer the pier permit until the following deficiency has been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. It needs an update GFI, ground fault interrupter on the electrical line to the dock. The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." Please call 644-3043 to request reinspection. Once the property has passed the reinspection, and we have signatures of both buyer and seller on the application and the second half of the transfer fee, the dock will be transferred. Sincerely, Wes Armand, Harbor Inspection Division of Harbor Resources 3300 Newport Boulevard, Newport Beach CMARINERS IVIC PLAZA CROW City of Newport Beach Marine Division 829 Harbor Island Drive Newport Beach, CA 92660 Attn: Wes Armand Re: 73 Linda Isle, Newport Beach, CA 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone (949) 729-0199 Fax (949) 729-0190 Date : July 10, 2002 Escrow No. : 2-3654-DJ Enclosed a check in the amount of $171.50 for the Dock Inspection on the above reference property. Please note this is a 15 day escrow so please process ASAP. Thank you. Should you have any questions or need any further assistance, please do not hesitate to contact the undersigned. Thank you. JJ 77 z I Im"EACH ARRID-Fi. APPIL N' T I xv, e-a ely- 01-1 aav ,47 77777 -u7g. FF T,� .1 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 October 28, 1994 Coast Newport Properties 4 Civic Center Plaza, Suite 260 Newport Beach, Ca. 92660 Attention: Mary Ellen Weglarz Sirs: This is notification that Pier Permit ## 0133-0073-1 for the pier and float bayward from the residence at 73 Linda Isle, Newport Beach, has been transferred from Earl & Sallie Schafer to Boris & Ann Ackerman. Please call 714-644-3044 if you require more information regarding this matt -. Sincere y, des Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach �—BUYERS' NAME(S) HD 1J — ADDRESS OF FACILITY: P'>;RM7T PHO CHECK NO. DATE ." d �PLICATION IS HEREBY MADE TO TRANSFER HA�qR,BOR PERMIT CITY OF NEWPORT BEACH n - P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 October 25, 1994 Producers Escrow 9328 Civic Center Dr. Beverly Hills, Ca. 90210 Re: Harbor Permit 0133-0073-1 for # 73 Linda Isle, Dear Sirs: Newport Beach Regarding a pier permit transfer for the property located at #73 Linda Isle, Newport Beach, the structure was inspected on October 25, 1994, at which time it was determined that it conforms to City standards. The permit will be transferred to Boris and Ann Ackerman. Sincerely Wes ::I Harbor Inspector 3300 Newport Boulevard, Newport Beach -73 -17 '1 to A rR- m C 4, P P I lxr"4 T--7. 7172-7 /,--- -cr 'ova, 41-1 /14-/ C-) 1.61 / z; <-- ;-a,. .5/ , 73 -7- t; Lw� 41, � SEW �p,QT CITY OF NEWPORT BEACH U P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C9</ Fo Q��P October 21, 1994 Producers Escrow 9328 Civic Center Dr. Beverly Hills, Ca. 90210 Re: Harbor Permit 0133-0073-1 for 73 Linda Isle. Dear Sirs: The City of Newport Beach Marine Department has received a request to transfer pier permit 0133-0073-1 for the property located at 73 Linda Isle, Newport Beach, CA. The facility was inspected on October 14, 1994. We cannot transfer the pier permit until the following deficiency has/have been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. A backflow prevention device to protect the domestic water system from being contaminated by sea water. The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, . all harbor structures shall be inspected for compliance with the City' s minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." A permit for plumbing or electrical work may be obtained from the Building Department of the. City. PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE BEEN CORRECTED. When we have been notified, the structure will again be inspected and when the requirements have been met the pier permit will be transferred. Included in requirements for transfer of the pier permit is the $300 transfer fee and the signed transfer card. You can telephone 714-644--3D44 to request a reinspection of the structqr,e. I u have esttIons, please call this number. AMarine--D—e�Wes partment 3300 Newport Boulevard, Newport Beach 9328 Civic Center Dr. Beverly Hills, CA 90210' (310)/278-3611,. PRODUCERS ESCROW CORP City of Newport Beach Marine Department P.O. Box 1768 Newport Beach, CA 92659-1768 Attn: Wes Armand Re: 72 Lind'Isle Newport Beach, CA 92660 Dear Wes: Enclosed please find a check in the amount of $300.00 representing the fee for the doc inspection for the above mentioned property. The present owners are Earl and Sallie Schafer. The buyers are Boris and Ann Ackerman. Please order inspection as soon as possible. The escrow closing date is November 2, 1994. If you have any questions, please call me at the above number. Thank you, 3acque Spivak Escrow Officer CITY OF NE JPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 February 11, 1988 John H. Siroonian 74 LInda Isle Newport Beach, CA 92600 Re: Harbor Permit 133-74 Dear Mr. Siroonian: On"becember 14, 1987 we met with your attorney, John J. Kendrick, to discuss a resolution of the problem dealing with your vessel's encroachment between numbers 73 and 74 Linda Isle. There has been no dispute that the vessel berthed at your pier does, in fact, encroach into the permit zone of #73 Linda Isle. As I recall, at our meeting Mr. Kendrick felt that there were legal theories upon which you could rely to establish your right to continue encroaching into the water of the property owner at #73. Mr. Kendrick proposed to immediately pursue some type of civil remedy to establish those rights. Mr. Kendrick asked if your boat could remain in its present location. City staff indicated that we could `not allow an exception to the permit, policies, which is what Mr. Kendrick was proposing, but we would delay enforcement of the policies pending the filing of your legal action. It has now been two months since our meeting and it appears to us that nothing has changed. In that regard we are again -asking that the vessel berthed at #74 Linda Island be brought into conformance with the Harbor Permit Policies Section 21. A which states: 21.A. "Boats moored at private or public docks shall not extend beyond the projection of the property lines of the property to which the dock facility is connected.` If conformance to the permit policies does not occur within the next fifteen days, it will be necessary for us to go to the City Attorney's office and ask that either an injuction be filed relative to the encroachment and/or a request be made of the City Council that the Harbor Permit for #74-Linda Isle be revoked for violation of the Harbor Permit Policies. If you have questions in this regard please contact me at 644- 3044. Sincerely, Tony P e0, 1 elands d inistrator 3300 Newport Boulevard, Newport Beach 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 29 30 31 32 33 34 35 36 gle( I33 "7,1; JOHN SIROONIAN adv. EARL SCHAFER ADMINISTRATIVE HEARING BRIEF 1. INTRODUCTORY STATEMENT. This matter involves the water rights existing between two neighbors, Mr. John Siroonian and Mr. Earl Schafer, both residing on Linda Isle in Newport Beach, California. ,The factual underpinnings of the matter are as follows. On or about July 28, 1986, Mr. Siroonian directed correspondence to. Mr. Schafer, a copy of which is attached hereto as exhibit "A" and incorporated 'herein by this reference, wherein Mr. Siroonian indicated to Mr. Schafer that it was his intent to purchase a 42' motoryacht. Mr. Siroonian further indicated that the motoryacht might extend beyond his water line and onto Mr. Schafer's water space and requested permission from Mr. Schafer with regard to the use of this water space. Mr. Schafer did not reply to Mr. Siroonian's written inquiry. Thereafter, on November 14, 1986, Mr. Siroonian again directed correspondence to Mr. Schafer with regard to the fact that he was contemplating final negotiations for purchase of the motoryacht and requested that Mr. Schafer contact him with regard to the permission which he was requesting for use of the water space needed for his vessel. A copy of this correspondence is attached hereto as exhibit "B" and is incorporated herein by this reference. Again, Mr. Schafer did not respond to Mr. Siroonian's correspondence. Mr. Siroonian proceeded to purchase the motoryacht reasonably assuming that, since Mr. Schafer had not responded in any manner to his requests that he, therefore, had no objections to Mr. Siroonian's minimal use of his (p03/F) -1- 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 29 30 31 32 33 34 35 36 water space. However, on August 18, 1987, upon his return from an extended vacation, Mr. Siroonian discovered that Mr. Schafer had attempted to contact him by telephone with regard to the motoryacht. A copy of correspondence dated August 18, 1987, from Mr. Siroonian to Mr. Schafer, in response to Mr. Schafer's telephone message is attached hereto as exhibit "C" and incorporated herein by this reference. As is apparent by this correspondence, Mr. Schafer failed to raise any concerns over Mr. Siroonian's purchase of the motoryacht until approximately one year after he was initially notified of Mr. Siroonian's intended purchase of the motoryacht and his permission was requested in connection with this purchase. - Thereafter, on or about August 27, 1987, Mr. Lawrence R. Resnick, counsel for Mr. Schafer, directed correspondence to Mr. Siroonian wherein he indicated that his client did, in fact, receive Mr. Siroonian's. correspondence of July 28, 1987, but allegedly did not receive the correspondence dated November 14, 1986. Thus, Mr. Resnick's correspondence to Mr. Siroonian clearly indicates that Mr. Schafer was aware of Mr. Siroonian's initial request to use his water space which was conveyed via correspondence dated July 28, 1987. Nevertheless, Mr. Schafer did not respond believing that Mr. Siroonian would not proceed with the purchase of the motoryacht without Mr. Schafer's "express consent However, Mr. Siroonian's letters to Mr. Schafer clearly indicated Mr. Siroonian's intent and requested that Mr. Schafer respond, in one manner or another. Nevertheless, Mr. Schafer did not respond and, instead, stood passively by while Mr. Sirronian purchased his motoryacht. Consequently, the instant proceedings ensued. 2. LEGAL ARGUMENT. (p03/F) -2- 1 2 A. Laches. In the instant matter, Mr. Schafer is 3 precluded from asserting any claim to water rights based 4 upon the doctrine of laches. This equitable doctrine 5 provides that those who neglect their rights may be preclud- 6 ed from obtaining relief in connection therewith. 7 Witkin, 7 Summary of California Law, 8th Edition, Section 14, page 8 5239. Laches will only operate as a bar to another party.'s 9 claim where it can be demonstrated by the party asserting 10 the defense that the claimant's delay in asserting his claim 11 has forced the defending party to his disadvantage or 12 prejudice. Prejudice is established where a plaintiff or 13 claimant, with full knowledge of another's intent, does not 14 protest until the defendant has mistakenly, but in good 15 faith, expended a substantial sum in carrying out his 16 intent. Vesper v. Forest Lawn Cemetery Association (1937).20 17 Cal.App.2d 157; Gutknecht v. Paul (1948), 83 Cal.App.2d 356. 18 Significantly, the court may take into account delay during 19 litigation, as well as delay prior to filing of the 20 complaint. Tustin Community Hospital v. Santa Ana Community 21 Hospital Association (1979) 89 Cal.App.3d 889. 22 23 In Vesper, the owner of a cemetery plot sought to 24 enjoin the party owning the cemetery from undertaking the 25 mortuary business. The plaintiff did not file his complaint 26 until almost two years after the execution of a lease which 27 provided for the building of a -mortuary, of which he had 28 complete and total knowledge. Thereafter, the plaintiff 29 stood by passively while the defendants constructed the 30 mortuary and still did not file his complaint until approxi 31 mately one year after the mortuary was completed. Based 32 upon these facts, the trial court held that the plaintiff's 33 complaint was barred by the doctrine of laches as the 34 plaintiff had passively stood by while defendants had 35 constructed and occupied a large mortuary building and had 36 expended large sums of money in connection therewith. (p03/F) -3- 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 29 30 31 32 33 34 35 36 Similarly, in Gutknecht, the plaintiff brought an action to enjoin the defendant from violation of a covenant not to engage in a competing business in a particular area. The trial court found for the defendant based upon a finding of laches, where the plaintiff had been present at a hearing conducted in relation to the plaintiff's application for a use permit for. his business and had made no objections. Thereafter, the plaintiff had, on several occasions, visited the premises where the defendant was constructing his business and made no objections. The courtfound that, since the plaintiff had stood by without protest while the defendant in good faith proceeded to construct his business, and to expend huge amounts of money in connection therewith, that the plaintiff was precluded from asserting his rights to the matter. In the instant case, the exhibits attached hereto demonstrate that Mr. Siroonian attempted to contact Mr. Schafer on at least two occasions during the span of one year prior to proceeding with the purchase of the motor craft in question. After receiving no response from Mr'. Schafer, Mr. Siroonian proceeded, in good faith, to purchase the motorcraft believing that Mr. Schafer had no objections to him doing so. In the event Mr. Siroonian is required to sell the Riva motoryacht he will sustain a loss of $100,000.00 as the motoryacht was purchased for approximately $300,000.00 and a quick sale of the yacht will only produce a sale price of $200,000.00. Attached hereto are copies of an Agreement of Sale, reflecting the purchase price of the Riva Motoryacht and a letter dated December 7, 1987 from John F. Martin to . Mr. John Siroonian indicating the amount that a quick sale of the motoryacht will produce, both of which are attached respectively_ hereto as exhibits "D" and "E and are incorporated herein by this reference. (p03/F) -4- I 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 29 30 31 32 33 34 35 36 Applying the foregoing legal principles to the factual situation herein, reveals that Mr. Schafer's claim is barred by the doctrine of laches. As is demonstrated by the documents attached hereto as exhibits "A" and "B"t Mr. Schafer stood by passively while Mr. Siroonian informed him of his intent to purchase the motoryacht. In reliance upon Mr. Schafer's passive conduct, and failure to object to the contents of the correspondence directed to him with regard to the purchase of the motoryacht, Mr. Siroonian went forward with the purchase of the motoryacht. In the event that Mr. Siroonian is required` to sell the motoryacht, he will substain substantial hardship as he will be forced to endure a loss of $100,000.00 in the sale of the vessel. 3. HARBOR PERMIT POLICIES. Since Mr. Siroonian would be forced to endure substan- tial financial hardship in the event he is required to sell the motoryacht in question, this substantial hardship properly places Mr. Siroonian in the position of an appli- cant requiring exception to the Harbor Permit Policy rules, pursuant to Harbor Policy Permit Provision no. 24 which provides in relevant part the following: "The city counsel may approve exceptions to any of the requirements and regulations set forth if there are special circumstances or conditions affecting the harbor installations that would impose undue hardship on the applicant or if it would be detrimental to the best interest of the City." (emphasis added) While Harbor Permit Policy Provision no. 24 does not provide a definition as to what constitutes "undue hardship", the case law set forth herein aptly demonstrates that undue or substantial hardship is generally recognized as a situation whereby a party will be forced to undergo (p03/F) -5- l 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 29 30 31 32 33 34 35 36 tremendous financial strain or loss. Accordingly, Mr. Siroonian's potential loss of $100,000.00 , constitutes an undue hardship within the meaning of Harbor Permit Policy Section 24. 4. CONCLUSION In light of the foregoing, Mr. Siroonianrespectfully requests that the administrative body herein ,find that, compliance with the Harbor permit policies will impose an undue hardship on him and that he is, thereby, excepted from complying with the Harbor Permit Policies pursuant to Provision no. 24. WALKER & KENDRICK A PROFESSIONAL LAW CORPORATION BY: J. E DRICK OL A N DEAN (p03/F) -6 July 28, 1986 Earl Schafer 73 Linda Island Newport Beach, CA 92660 Dear Earl: 1 am intending to purchase a forty-txo,foot Riva motoryacht very soon. The boat would tie on the south side.of my dock which is adjacent to your property. The Riva is'approximately twelve feet nine inches wide and would protrude a few feet into your water space. Simply stated, would you allow me the use of some of your outer space? _. I have enclosed a diagram that shows the approximate dimensions and relationship of both of our docks with the boat in place. Mr. Jon Martin of Riva West wiII bring the boat to my dock so that you may see the actual situation. Please. iet me know when you will be available to do this. thank you in advance for your+ktrid consideration and attention to this reque _ --= Since el - -. - -r -, o Siroonian - _:.j i i E,ft"h C-t-> ✓ Properties Limited 2750 N. PARKWAY DRIVE. FRESNO, CALIFORNIA 93711 (209) 275-1110 /�' �" ���� //�'C1C �/1�4� � � l— � `,•.�T i t 0 � SM>'�T 11+.�L�� Cp�. _ 54�J GC: AY -T CONS 2ucT}C#4 ?Gt9 ptm<.pat O-L PA. P.+ h.ed. CoIH. 77dA7 e7 DAB �fldd LT7-tire �r v� ti1/�LI�U o+xo. n DATE 3�Ah, �AAA .W - f iD2/1-FT R 31 74 V . t' / VGe / 7 November 14, 1986 Earl Schafer 73 Linda Isle Newport, CA 92660 Dear Earl, I am in final negoiations in buying a 42 foot Reva Motoryacht and hope to close soon. I wrote you a letter back on July 28, 1986 with a diagram enclosed showing the dimensions of, the yacht. Mr. Jon Martin from Reva West ,has been kind enought to leave the yacht parked at.the slip for quite some time. In the last thirty days, I have taken the opportunity to look at many of the boat docks at Linda Isle and observed them in order to establish if there were infact any .similar situations. I found several occasions where boats would protrude a few feet into the neighbors water space. The 42 foot Reva has been in my dock for quite some time and I know you have had the opportunity to see it here. Please let me know if this will create a problem for you. n ly, John Siroonian JS/bh Properties Limited --' p 2750 N. PARKWAY DRIVE, FRESNO, CALIFORNIA 93722 (209) 275-1110 August 18, 1987 Farl Schafer 73 Linda Isle l�wport, CA 92660 Dear Earl, I am writing you this letter in response to a telephone message that ,I received in July while I was on vacation in the Orient I have been back since the first part of August and have been trying to catch up. Mike Stevens who helps me with all my boats returned your call on my behalf while I was gone and informed me that your were concerned about the 42 foot Reva Motoryacht that was parked at my dock at 74 Linda. We were surprised to hear that you had raised a concern that the yacht was protruding in.your water space. Both Jon Martin from Reva West and myself wrote you letters infonning'you of the situation. Also since purchasing the yacht in Decenber of 1986, it has been parked. at the dock for over six months on a permanent basis. Jon Martin fran Reva West wrote you a letter along with a diagram on July 28, 1986, q4=Ddmately one year ago on my behalf that I signed. I also wrote you a letter on November 14, 1986 and heard no objections. In talking with Peter lodgers thatis i.s doing the work an your ' house many t1Tf1AS in the past to see if you.were infact picking your mail lip and .caning by 7.3 Linda Isle cn a regular -basis. He assured me several time - r that you were catring by regularly. I am enclosing ies of the i or two 1 -� �9 �P prior letters that we sent you rrnrt-a, m ng r "'to this matter. S hope this does not cause an inconvenience. Please feel free to cmtact.me at 1-800-742-1968 which is my Fresno office with any questions:' lY John Si rocnian JS/hh enclosures Exhibit Properties Limited 2750 M. PARKWAY DRIVE, FRESNO, CALIFORNIA 93722 {209) 275-1110 4 t_ido Yacht Anchorage Headquarters 717 Lido Park Drive, Suite A 720 West 17th Street Newport Beach. CA 92663 ORDER ACKNOWLEDGEMENT Costa Mesa, CA 92627 (On the Gold Coast) AND 714-650-0743 714-675-8092 AGREEMENT OF SALE Telex No. 298853(RVAW-UR) Riva West agrees to order for (if necessary) and sell to: Buyers Name John Siroonian Date 12116186 Home Address 74 Linda Island CityNewport Beach Phone (714)673-8383 Business Address City Phone (hereinafter called BUYER), and BUYER agrees to purchase from RIVA WEST the following described vessel YEAR MODEL ENGINES DESCRIPTION SERIAL # PRICE 1984 Mal ibu i=ins74 555 202237 42' Riva Motoryacht01100511 $283, 000.00 Place of Delivery: Neuport Beach, CA Approximate Delivery Date: See remarks below ACCESSORIES: The boat described above will be delivered with all standard equipment and the accessories described below and those described on the OPTIONAL EQUIPMENT LIST which Is/ts not attached to this Agreement and incorporated by reference OPTIONAL EQUIPMENT ICOM M-80 (Installed) Antenna 5206 w1336 mount i w stainless steel rods n avninc V--Berth filler w/cushion Transformer w/shore cord Fix fiberglass dings: Combing stb side, bridge & misc. small TOTAL OPTIONAL EQUIPMENT $ Included $ Included TOTAL SELLING PRICE $ 283, 000. 00 SALES TAX $ 16,980.00 . TOTAL $ 299, 980.00 REMARKS: See AddltionaI Terms and Conditions attached X� DEPOSIT ON ORDER $ 100, 000. 00 1/3 DUE March 15,' 1987 $ 100, 000.00 BALANCE DUE June 14, 1987 $ 99, 980.00 THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS ON REVERSE SIDE. Please read these provisions carefully: This agreement shall not be binding on RIVA WEST unless signed by a Partner of Riva WEST. tSjalesman Buyer's,Signature Approve iAIVA WEbfT l / WHITE — CUST{ �-do RNP0,14L .rcT December 7, 1987 Mr. John Siroonian 74 Linda Island Newport Beach, Ca. 92663 Dear John: Per your request I have inspected your Riva 42' Malibu and havedetermined that a reasonable value ( selling price ) for a quick sale ( 30 days ) to be at two hundred thousand dollars. If I can be of further assistance please don't hesitate to call me. Sincerely, Martin Riva West JFM/jad E-X1i"b5,t Riva West Headquarters • 720 West 17th Street • Costa Mesa, CA 92627.714-650-0743 LAW OFFICES KIMBLE, Ae��ITCHA EL UPTON JOSEPH C. KIMBLE 1910-1972 PROFEµ51^.JNAL CORPORAT70N TELEPHONE (209) 275.5200 THOMAS A. MACMICHAEL JON WALLACE UPTON 4201.WEST SHAW AVENUE, SUITE 100 . ROBERT E. FSERGIN JEFFREY G. BOSWELL. MOST OFFICE BOX 9489 TELECOPIER (209) 276-7625 ROEVEN D. WARD F"RESNO, CALIPORN 41A 937S2--948+9 ��yy --yy y ROB4R7 C. WARD. File n 2 349 ..32 JOHF1, P. ELEAZARIAP�! DAVID D. DOYLE MARK D. MILLER .. s,, pry� MICHAEL. F. TATHAM September 30,. 1879 W. RiCi�A.,RO LEE D.TYLEP THARPE CARLTON R. ERICSON E.ALEXANDRA DELATEUR MARY ANN BLUHM ' Lawrence R. Resnick, Esq. De. Castro, West, Chodorow & Burns 38th Floor 10960 Wilshire Boulevard Los Angeles, CA 90024-3804 Re: Nos. 73 and 74 Linda Isle Dear ` Mr. Resnick: We have had several conversations about the water rights relating to Nos..73 and 74 Linda. Isle in Newport Beach, and I thought it would be appropriate to share with you a drawing which shows t'Cie respective property lines, the dock locations and the Reva motorvacht which has been the subject of our discussions As you can see, only a. small portion of the port side of the motoryacht protrudes, across into the weer where your client has an easement. I am also enclosing two photographs of the both of 'which show the alignment Jof the houses and the position of the ±espective _*'cks and boats. '-No. 74 Linda Isle, the resW Bence of Mr. John Siroons.an, is the white bu' ld.,+ gag with the rec file roof. No. 73 Linda isle, your clie? t ` s residence, is brick and glass structure with the shingle roof. ?t is ro_ parent from these photographs that the two houses are parallel, that is, that they do not face the sage direct —ton. No. 73 Linda Isle faces a more westerly direction, while No. 74 Linda Isle faces a more southerly direction. Because the shoreline curves in a sharp bend _right at No. 74, the lots are roughly pie -shaped rather than be-Irg rectangular. The same problem exists between No. .7 5 and 21o. 76 and there is an enc oachmer:. :between those two: lots . The bay side of the lots, are smaller while the street side of the lots are larger. As a result, the property line extension of No. 74 angles across the water through what would otherwise be a substantial portion of No. 73's water. If the survey diagram is accurate, No. 73 is a KIMBLE, _MAcMICHAEII & UPTON Lawrence R. Resnick, Esq. Page 2 September 30, 1987 trapezoidal -shaped water easement which is 45 feet in width at the shore and 23 feet, 4 inches in width.at the bay side of the property line extension. The significance of the off -shore property line extensions is that even if the Reva motoryacIlt were entirely parked within the water allocated to No. 741 it would still extend across 17 linear feet of water eirectly off shore of No. 73. - My point in bringing this to your attention is to illustrate that regardlesswhatcourse events may take between our respective clients, we are discussing only a very small displacement of the motoryacht, not whether or not the motor - yacht is moored off shore of No. 73 and is part of the off- shore view from the residence. 1 am also enclosing copies of correspondence from Mr. sirooni.an_ to fir. Schafer. I am 'doing so in order to provide you with 'a full and complete record of the contacts between them. Judging from your letter of August 27, 1987, 1 assume you are 'aware of.the correspondence between our respective clients, but one aspect 1 would like to point out is that Mr. Siroonian made the investment decision to purchase the Reva motoryach.t after having formally requested permission from your client to moor the motoryacnt in the position indicated. A mutual accommodation between the parties would certainly be the most desirable solution. I would like to Point out that Mr. Siroonian sought to accommodate Mr. Schafer's moving of his dock. Several: months ago, Mr. Schafer snored his boat dock approximately six feet :owarr? Mr. Siroonian's` dock. gar. Siroon fan responded by moving his dock away `from Mr. Schafer's dock so there would be clear water available for use of both parties between the docks. As you can see from the diagram, the relocation of Mr. Schafer's dock now leaves only 7 feet, 4 inches of water available from the extended` property line to his dockat the west side. As W discussed with you in our initial conversation, a mut ua`_ combination of cross -easements may be workable. in such a manner, Mr. Siroonian coin.:: switch the two boats and place the one with a lower silhouette at the dock nearest No. 73 and continue to spoor his boats. fir. :chafer could sty 1 approach and depart the west side of his cock. 1 would also like to point out this problem is not a new one. Prior to hearing from Mr. Schafer, Mr. Siroonian' s boat had been in the same waters for almost a ;rear prior to August 18, 1987 Earl Schafer 73 Liryda s-sle Nowport, CA 92660 Earl., m. writing you. this letter in ruse to a. telephone -message that 1 received in July while l was or. vacation in the Crient. Z have been back since the first part of August and have been trying to catch up. Mike Stevens who helps me will th all m' boats returned yc call on my behalf wiule 1 was gone and info=Ded ne that ycur were concerned about the 42 foot Rena ?foxyacht that was parked at my c k a't 74 Linda. We were surprised to hear that you had raised; a concern that the yacht s protruding in your water space. Both Fora fizz Rava Get and myself •Arote you letters info sag you of the situation. Also size poxchasing yacht in December of 1986), it has beer. parked, at t:he d=-k for over six _. M'n.ths cn a pe=mient basis. .yam _ g ... _.:_ Jcn Mu -tin fez Feva West wrote a letter aloe with a (i agram on July 28, 1986, tely me year ago on ry bdk:-Lllf that Lr signed. I ,. also wrote you a letter cn Nbvembeer 14, 1986 mod heard no abjec-tcos. Mn talking with Peter Rcy-gerw= that is doing the w=k cn y= house, any thnes in the past to nee if you. a ; fact pi i ng you it ��p and *; crag by 73 1�6 le_ Y a ar Sys. a s� e ., veo l t -- s 3,t y were qcming rr x .::fi..e��.'�,`m , «t... d .:.. . � ... -� ..—• . .gx, .vi"��rn,.ai •LS ro "'� .`+. o he prior two letters t eat z *zt 1 z Ong �"J , Ty n ryyv matter. �. fp�- ypy cause �y pq y��yq qg �,seW ppertc� / d.bYLY.t7er. Thop �.J.ts 4.�Lr`'a n.W.�wt Ow�W.tluse nn ."a1�4`aa�'t..FS a'W��.�.S.yience• :�11ea e .5WW�n1"✓'i.:ln �:.oTWT Is4 ry 4tl I • ,.1ow �.ce:A `y r ti' a yWy { ♦�� /+Yy}q s my�ry. a �; •� pa Y� y �` y� W /y ^�•• y¢Vvpw "7. �Cw `SrE'n1i .WZ. ary.., �i! W1 �aw n6. o✓. ,v� tl'Oitur:wi� f-5'W rvhJ.:Y.��.�Y Cr.l.l+Tuv4�w: �AG`w. �w� G��i .'��9p `U'. Ywi✓1i i3.r".:.fa"9 ® 1 f d �y�, ..rt . - _ � rim �� e„,•+''� / 9.3E 8 enclosures . Properties Limited 2,750 N. PARKWAY DRIVE, FRE,13NO, CALIFORNIA 93722 (209) 275-I & 10 November 14, 1986 Earl Schafer 73 Linda Isle Newport, Chi 92660 Dear Early l am in final negoiations in buyin$'a 42 foot Reva Motoryacht and hope to close soon.. I wrote you a letter back on July 28, 1986 with a diagram enclosed shoring the dimensions of the yacht. Mr. Jon. Martin from Reva West has been kind enought to leave the yacht parked at the slip for quite some time. In the last thirty days, I have taken the opportunity to look at many of the boat docks at Linda Isle and observed ahem in order to establish if there were intact any similar situations. I found several occasions where boats would protrude a few feet into the water space The 42 foot Reva has been in my dock for quite some time and I know you have had the opportunity to see it here. Please let me know if this will create a problem cr you. n _ly& t John S roo ian JScbh ` r - ✓ Properties Limited ---- 2750 N. PARKWAY DrUVE, FRESNO, CALIFORNIA 93722 (209) 2'5-1a a0 July 28, 1986 Earl Schafer 73 W rZa Island Newport Beach, C 92660 Dear Earl I am intending to purchase a forty-tv foot Riva motoaycacht vet soon.. Me boat could tie on the south side of my dock vhich is cdfacent to your property. TAe Riva Is approximately t-wVZ•Ve feet °sae rSch s �aa e.a au�d r°otr° de a few feet In4o your ter space. Sinply stated, u�d you dA' rye -he use of sane of mvoa�r vzter space? 7.7 ..r have enclosed as diagram that sh-ovx the approx1mate ddmensions amj' relationship of both of our docks with the boat fn place. °. fora Martin of est I l r�� 'the boat to dock so that ®�a mny see the actual s t�sat or9. ?lease.let m6 J'aloIAa Caen You H be c 11able to, do 21,h S. you In advance for your co'ns'derat lore =Z attent fora g h ✓-- fad 10:7 - •�i.� W.,° Properties Limited 2750 N. PARKWAY DRIVE. RESNO, CALIFORNTA 937! 1 ??t14.'a 275-It 9 10 v 3 l ,,,+• "s �S.f' . " . r .. Y .... 'fin. 0"^. �[ p@°••x 1 �+ w,+'roF Ta A: ice. w .-'4 7 �NJ� u'' •x..w^. uaan.�reu i Ore r y _ % � O ice' ,✓ ! � E �m.. _., m_.,.... _ ...,.A ,�,T.__. _.....____.:__..�.�._..�.. .u�.m,.=,M, , _�. ;per P7E*r MIS MIN F, HIE III,nC . a "ET) ",,; .ew:,:'e"w^rtiR4 AML MA%gWgl° NNI THE F CE":ifLV 'J" ON n ,,.-. F v3c°/C.r�.. �i�!�''±ff�I"ti F I(8��"�' .rd'-� a �:.33ryry, : e=., ..� G� �' �Hf:NY::T'�.�R Y-�E:� .A,.I':NUT qi"M.,+i ::v Tl�i� �.i � Aw..,.u.Y. ,��: � s:.r.UM1���pO+ 1•l�Y \. '. P+�.1 '! � .�S++L. i+CJ 4'. �x J"+�@'1a' E :.. � ._�.n ham._ ..., �., i. �•V%/�*:y:I YbC.:�iy,{:.�. THE TE, F3NM� THIS ?^`..:t!aa" a >'aa.v �. �I r.... dam,'&"«' Ct;4U'NC stp IF GFtii? --------- .................. It rT's`',� ,/� �! may, q � p� cLryA� WHOFFICES {-�,p.. O qF� � y� � t �, � . HUGO D. De CASTRO Dl-: 4.+AS.TL'RO. Y�£ST, I�..IiVD"�.JR07,Y Bv7^:N-5. YNC.. ILTON CHOD0. BURNS EIGHTEENTH FLOOR RNS ROW MARVIN G. BU. ROBERT S WEST '. RETIREO SAUL L.G-ESSLER 10960 WI,LSHIRE.E30ULEVARO ' JE:ROME A. RAEiOW � � - r,l NEILCARREY LOS ANGELES. CALIFORNIA 90024-38D4 PICHARD H. HICKS LAWPCNCE R. RESNICK TELEPHONE '213I 478-2541 BRUCC S. GLICKFELO CABLE ADDRESS 'TAXINC EUGENE D. SILVERMAN BUDDY EPSTEIN ?ELECOPI E>a 1213I 473 0j23 JAMES A. GINSBURG TELEX 67-4A3B EDMUND S. SCHAFFER 'TA%INC LSA' SHARON L. KERTON MENASCHE M. NASS %11CllAEL W. LUCAS August 27,.. 1987 NONA J. NlccPHERSON OUR FILE NUMBER DAVID C. RUTH MICHAEL R. WHITE JONATHAN I: REICM `SCOTT M. MENDLER - . SUSAN B. FRIEND.... Mr. John Siroonian c/o Siroonian Properties Limited 2750 :No. Parkway Drive Fresno, California 93722 Mr. John Siroonian 74 Lima isle Newport, California 92660 Rea rater Rights_/73 Linda Isle Dear Mr. Siroonian Our law firm represents. Mr. Earl H. Schafer. Our client has asked us to respond to your august 18, 1987 letter. Our client firs?: learned that you wanted him to consent to your use of his water space after he received the letter which you state was written by Jon Martin of R.eva pest ' and signed by you. The envelope in which that letter r arrived was �ad r�eyyssed anc de' �,verecs' been c1:_ent' s .4os' Angeles residence and C��.�i��-: I�:.r�. �:J to have a +v'le 4'."'n raa t...e 4'bk) ""�J a areal estate troker unrelated o yoc,l or c" 4.rtin m Eased on your statements in that letter dated July 28, 1987, our client .believed �.`,a;, you ��o�� _d not proceed to appropriate his water r spy'—1 e w.w shout his express consent and that he w'ou.,.d be on -a .ed p u-rs.r l r 'to, see ate.Y c. the extent of the proposed use of his water space. Our client never received she ? e„9 te.:- dated 14 ® ; 986 therefore, he had no optporW��spa 4 :��q�°�yt�� ryes'�ondgrs to it itryand h�:� continued g..�.in Cd 4: d C. o believe, tzian t y�ti..�u .. o�'I.d. Wq.d not- DrVJ'ir... iv"S..'w6r' 1�C o appropriate his water space without his express consent. When our client became: aware that your boat's encroachment into his water space would interfere with s own use of that eater space for ? second boat, he called CnSTRO, V'EST CHODOROWW-6 BT-TR S, NC. Mr. John S roonian August 27 1987, P ge -2- you and left a message. Later., he received a call from someone who said that you were on vacation: and that you would call him as soon as you returned. When our client did not hear from you., he called again. That call was not returned. Instead, our client received your August 18, 1987 letter. As you are aware, our client has the exclusive right to use the water space within his property lines projected to the 'end of his dock. Unfortunately, the extent to which your boat encroaches in our client's water space effectively deprives our client of any use of his own water ria"hts on the westerly side of his dock. Under the circumstances, our client will not consent to the encroachment or to the use of his water space for ingress or egress to your dock. Wherefore, please have your boat moved on or before ten (110) days from the date of this letter. We'trust that you will be able to comply with this demand and that our client will not be compelled to take further steps to :'.a!ble him to utilize his .own water rights Very truly yours, Lawrence R. Resnick of DE CASTRO, WEST, CHODOROW & BURNS g INC. M1. %YYYV-dN pyYgK '', 1 w}µry`x a -•P�ez,c�-. � a G, � !ems 29 s3"111 13113 L Uj?9USj;iJ l ii CUM 3 CUM N WIC Z LO 3 00 00 LO (6 � ol m 1 O U x x UJ I R0 CL m co U p.- zIxdc 3 Mcil U z a , o m O a a� z 0 )3UYERS NAMES) M;• Al' S p;FACILI7 I PERMIT », .11 IrI11IL1NG",ADDRESS 3 TELEPHONE N0. FIE^ C'HEC�CDKT� �4-2tI N pr pi.P�PR��f'ED BY. 0 E APKICA�10N IS HEREBY`MdDE 70 TRANSFER HARBOR PERMIT 4"t, rerr3 twt3 k'A �aAk➢ N NAMES) 1' itx��6 � ,� rh " x �, '°� s SELLE1kS N�1MEiSi w. !, a � o � ➢ s� ��s r y ) � ➢ r �� � ti � + ,;��"�"" var � �$OYE I�IAME5 TO: BE; }TYPED r � s,N+ � � '���➢, i��'A^ a , �' , a�'urst dap i sa �QyUNCIL i i � i u k r a �� S t,� � jry y a� 1 W+ v' �� M� t ➢k•n s Y i , '� � b➢� � v�;,�' L �1 i; ��W r a�4 i i ���ra" r' a`3�� � �R,�� SNA'C1TRE 7�r=�i� tii�➢ �'��+n7�3� r��+de'C�11(i�e rr ���n ➢��`� xrB 7 t � 4 L �+ �� u ° F � w � .� v %"� In ➢ `i� •aM �°� `� ��^:' 4a; ti Y ?x ,+ `M ➢ ��;:➢ i)'k,+s,�k [.� `R f +s "' s� >i'� y�q r 3S a atn� q�R y r ➢ 1 s +n�'�e�a' ' 4 �� ah%.� I r KtLYBtrdC�IV'QRK$t ,➢ r r w r r. . 8 �t�w ,.,, ""C'"fi' � r �',» �'!, try ➢� t �ti� yam "+� � aw i " ➢kt i 14 Ss+I i x h^ � � �u�' n r ,� ;"[f�d�i s� Y➢ k �'IS�" � �.�1P, z'� �, : yy'%'��� "� �➢ yr, ➢1� 1 Y��n;7M tYv t t� ' it r � M.�� sir ➢ �:v ��"�h a "� a W �u��� � �r'4 ;, ➢'s'�^�, a e�� . 6�IIIS`PECTION stY+, vht1 yS� ri W1 t h b e^9 �'$YG dTl1'tY'E��OF' •)'NT fNNif".S�'` fF'"i+q��r'4➢' tSf!`t h�ul n�. {, >, �r�.+c-Ys, �*' p`�,✓�'�a� .�; rti,'�J#TIC]N�AI*1R01u�Fb'h�iri�'i',.' �� ' r�+ ww gut p 4 a CJ Y HARBOR COORDINATOR. ^ GIL IN ACCORD�4NCE liI/ISH CITLE � � s t ,SPECIgC. C©{}'YTION'9' 7H15 PERMIT IS REX� �LE•B,X'THE`CIT.Y C;GII.#N. �x ors n s OF T HE;MtjN1CPAL VdDE i r CITY OF NE PORT BEACH. CALIF. WX FOIt iN YOf3 REV; gym. 0 , 4 SEW POR - T CITY OF NEWPORT BEACH U $ P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C��7pp �P November 18, 1987 Earl H. Schafer 73 Linda Isle Newport Beach, CA 92660 Dear Mr. Schafer: In reviewing our files of pier permits we note that on 3/5/86 request was made to transfer pier permit 133-73 at 73 Linda Isle, Newport Beach. The pier permit at this address was not transferred from Unity Savings and Loan to Schafer for the following reasons: A city approved anti -syphon device is required at the water connection to the pier and float. The old electrical service to ther dock should be removed. The Newport Beach Harbor Permit Policies require that the pier 'permit be transferred upon the sale of. the abutting upland property. Failure to transfer will result.,.in additional fees and revocation of the pier permit. City requirements must be met before the permit can be transferred. Please contact this office to let us know if the above requirements have been completed. At your request we will re -inspect the facility. If the requirements have been met we will then transfer the pier permit. If you have questions, I can be reached at 644-3044. Si , rely, Tony Melum Tidelands Administrator 3300 Newport Boulevard, Newport Beach SEW PO T `, CITY OF NE�UI'ORT' BEACH U P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 c� October 15, 1987 '3 Earl Schafer 13037 San Vicente Blvd. Los Angeles, CA 90049 Re: Harbor Permit 133-73, for property at 73 LIndz? Isle Dear Mr. Schafer: On March 25, 1987 we contacted Unity Savings and Loan by letter, indicating to them that a number of things must be done prior to the transfer of th'', pier permit at the above address. A copy of that letter i.s attached for your information. We have received the transfer card signed by you and we have received the necessary transfer fee; however, we have not received any indication that the three items detailed on the attached letter have been taken care of. When these matters have been resolved, the _City will re -inspect the dock and then transfer the pier permit into your name. If you have questions.regarding the above, please contact me at 714-644-3044. Sincerely, #1 d4-t- Tony Me l/dm Tidelands Administrator 3300 Newport Boulevard, Newport Beach JOSEPH C. KIMBLE 1910-1972 THOMAS A. MACMIC HAEL JON WALLACE UPTON ROBERT E. BERGIN JEFFREY G. BOSWELL STEVEN D. McGEE ROBERT E. WARD JOHN P. ELEAZARIAN DAVID D. DOYLE MARK D. MILLER MICHAEL F. TATHAM W. RICHARD LEE D. TYLER THARPE CARLTON R. ERICSON E.ALEXANDRA DELATEUR MARY ANN BLUHM LAW OFFICES KIMBLE, MAcMICHAEL & UPTON A PROFESSIONAL CORPORATION 4201 WEST SHAW AVENUE, SUITE 100 POST OFFICE BOX 9489 FRESNO, CALIFORNIA 93792-9489 November 3, 1987 Mr. Tony Melum Tidelands Administrator City of Newport Beach P. 0. Box 1768 Newport Beach, CA 92658-8915 Re: Nos. 73 and 74 Linda Isle Dear Mr. Melum: TELEPHONE (209) 275-5200 TELECOPIER (209) 276-7625 File #2349.32 Thank you for your letter of October 22, 1987, regarding the water use at Nos. 73 and 74 Linda Isle. I am enclosing a copy of a letter to the attorney for Mr. Earl Schafer, indicating that this situation does not appear to be merely a simple encroachment. I do trust the parties can work things out between themselves so as not to further involve either of the attorneys or your office. Thank you for information regarding the anti -syphon device on water line to the dock. Your office will be notified and approval will be sought for the City approved anti -syphon device. Thank you for your courtesy and cooperation. Sincerely, ,,q Robert E. Ward REW/lp Enclosure cc: John H. Siroonian [iN [oui Ct N I t R 1430 LINC❑LN BLVD. • VENICE, CALIFORNIA 911291 • Mr. Tony Melum Tidelands Administrator City of Newport Beach P. 0. Box 1768 Newport Beach, CA 92658-8915 re: 73 Linda Isle Dear Tony, 213/B70-5B92 213r396-311 November 2, 1987 I have enclosed copies of the letters that have been exchanged between my father's attorney, Larry Resnik, and Mr. Siroonian's attorney, Robert Ward. If you have any questions or require any further information, I may be contacted at (213) :396 2430. Sincerely, Sheila M. S hafer STATUS SHEET HARBOR PERMIT TRANSFER LOCATION— t e 4,,. PERMIT NO. Seller Buyer U Date Application Received: 'Date Fee Received: Request for Inspection made by: Escrow Co. Date Escrow Officer Escrow No.v :-'s Address Phone: Date Inspection made. Deficiency Letter sent: Deficiency corrected: Transfer completed: Date, Inspection: 1. Location 2. Plumbing: A 3. Electrical: D / C 2 -�u 47"C 4. Structural: 5.OTHER: REMARKS: Inspected by: .Q. r P. r-,A, , — - I ( A (4&A 4. 1 PO CITY OF NEW PORT BEACH r n cq/r Fo aNNV' - 3/25/86 Unity Savings .and Loan 8501 Wilshire Blvd. Beverly Hills, CA 90211 escrow 2032-60 Dear Sir: The City of Newport Beach has received an application to transfer pier permit # 133-73 for the property located at 73 Linda Isle, Newport Beach, California. The structure was inspected on 3/25/86 at which time it was determined that the following deficiencies exist: 1. A City -approved- anti' syphon (.backflow preventive)devi'ce is required at water connection to pier and float. 2. The old electrical service to the dock should be removed. 3. Fascia'on dock should be•repaired. (this i`tem:will not impede transfer of the pier permit). 4. 5. In accordance with Section 10-0 of the City Harbor Permit Policies: "All structural deficiencies must be corrected......", it will be necessary for these to be corrected. A permit for any electrical or plumbing work must be obtained from the Building Department.of the City. All other work requires a Harbor Permit. Please advise this department when the above deficiencies have been corrected. Another inspection will be made, and if the deficiency is solved; it will then be possible to transfer the pier to the new owner. If you have any questions, please contact me at 644-3044. Thank you for your cooperation. Sincerely, /* 4 Tony Mel 7, Tidelands Administrator ('itN. Hall - 3 300 NcNvport lio idevard, Nc�Nvport Beach. C:rlilmlii,r �1`?(i(i;3 f DATE TO: O MAYOR' Il FIRE 0 COUNCIL E:l GENERAL SERV. 0 MANAGER 0 LBRARY 0 ASST. TO MGR. CARINE ED EXEC. ASST. 0 PARKS & REC. C: ATTORNEY El PERSONNEL O BUILDING E . PLANNING 0 CITY CLERK 1:1 POLICE 0 DATA PROCESS. 0 PUBLIC WORKS O DUPLICATING 0 PURCHASING E] FINANCE E:l TRAFFIC 0 UTILITIES FOR: ❑ AC CON & DISPOSITION L,FI'L 11 INFORMATION ❑ REVIEW & COMMENT ❑ RETURN July 15, 1985 Mr. Larry Fields 73 Linda Isle Newport Beach, CA 92660 RE: 73 Linda Isle, Newport Beach Dear Mr. Fields: We have been informed by the Marine Departmentthat a vessel, the TOdyssey", is being moored at -the float' of the above -mentioned property in violation of Section 21.A of the Harbor Permit Policies. Section 21.A provides that boats moored at private docks shall not extend beyond the projection of the property lines of the property to which the dock facility is 'connected. A letter was sent to you on June 7, 1985 requesting your cooperation in resolving this matter. Since the violation still exists, thismatter has now been referred to this office for further action. In an effort to resolve the matter without resorting to court action, an office conference has been scheduled for you to meet at the office of the City Attorney, Friday, July 26, 1985� at 9:30 a.m. Please bring all pertinent d co mentation-to-the office conference. You or your authorized representative may appear at= the office conference. Your failure to attend; or to provide this office with proof of correction on or before Tuesday, July 23, 1985, will leave us no alternative but to.pursue legal action. Very truly yours, "ro r a "- Assistant City Attorney CAK:pv cc: Robert Lind Anne McWilliams ny Mel 3300 Newport Boulevard, Newport Beach CITY OF NEWP®RI° BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 July 2, 1985 Larry Fields 73 Linda Isle Newport Beach, CA 92660 Dear Mr. Fields: On June 7, 1985 the Newport Beach Marine Department corresponded with you regarding a violation of the Harbor Permit Policies, Section 21.a. at your residence at 73 Linda Isle. (copy attached). It is my understanding that as of this date the violation continues to exist. To avoid further action by this department, the offending vessel must be relocated or brought into compliance with the above referenced section. If you have any questions in this regard, please call Tony Melum at 644-3044. Sincerely, Carol Karade Assistant City Attorney cc: Marine Department 3300 Newport Boulevard, Newport Beach 6 R, P�`�� CITY OF NE PORT BEACH U x P.O. BOX 1768, NEWPORT BEACH, CA 9265E-891.5 c�c� FORN�P. June 7, 1985 Larry Fields 73 Linda Isle Newport Beach, CA 92660 Dear Mr. Fields: The City of Newport Beach ha' received a complaint regarding the use of your residential float at 73 Linda Isle. Specifically, the complaint -is that a vessel, the "Odyssey" is being moored at your float in violation of Section 21.A. of the Harbor Permit Policies which states: Boats moored at private or public docks shall not extend beyond the projection of the property lines of the property to which the dock facility is connected in accordance with Section 20-C." To preclude further action by the Marine Department, the above vessel must be relocated. If you have questions in that regard please call me at 644-3044. Sincerely Tony Niel m Tidelands Administrator TM:db 3300 Newport Boulevard, Newport Beach /3-3L -73 Pp� , CITY OF NEWPORT LEACH n P.U. 13UX 1768, NEWPORT BEAC:Ii, CA 92063.3884 c� l FOVO4\1` January 16, 1985 Larry Fields 177f Riverside Ave. Newport Beach, CA 92663 Dear Sir: A check of the City°s Harbor Permit files has revealed that the permit for the pier and float at 71 Linda Isle, Newport. Beach is registered to Bruce McLoud. A transfer application must be completed and a transfer fee paid each time the permit has changed ownership. Chapter 17.24.030 of the Municipal Code addresses the transfer of a permit and reads as follows: "No person shall transfer a permit fora pier, float or similar structure granted under the provisions of this chapter without prior written approval of the City". Failure to pay the transfer fees can be grounds for revocation of the Harbor Permit in accordance with Chapter 17.24.090 of the Municipal Code. Your cooperation in bringing this permit up to date will avoid any action by the City. Yours truly, Tony Melumi Tidelands Administrator TM:db 3300 Newport Boulevard, Newport Beach -� -7 CITY OF 1 E PORT BEACH P.O. BOX 1768, NEWTORT BEACH. CA 92663-3884 November 19, 1984 Larry Fields 177-F Riverside Avenue Newport Beach, CA 92663 Dear Sir: A check of the City's Harbor Permit files has revealed that the permit for the pier and float at 73 Linda Isle, Newport Beach is registered to Bruce Mcloud. A transfer application must be completed and a transfer fee paid each time the permit has changed ownership. Chapter 17.24.030 of the Municipal Code addresses the transfer of a permit and reads as follows: "No person shall transfer a permit for a pier, float or similar structure granted under the provisions of this chapter without prior written approval of the City". Failure to pay the transfer fees can be grounds for revocation of the Harbor Permit in accordance with Chapter 17.24.090 of the Municipal Code. Your cooperation in bringing this permit up to date will avoid any .action by the City. Yours truly, Uy/o �a`�✓ Tpny Melum Tidelands Administrator TM:db 3300 Newport Boulevard, Newport Beach PO CITY OF NEWPORT BEACH v �- MARINE DEPARTMENT c'�ci Fo aN�� 640-2156 July 7, 1980 B. H. McLoud 7.3 Linda Isle Newport Beach, CA 92660 Dear Sir:. The City of Newport Beach has received an appli- cation to transfer pier permit #133-73 for the property located at 73 Linda Isle. The structure was inspected on July 1, 1980, at which time it was determined that the permit drawing on file withtheMarine Department is not accurate and must be updated. 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 assistance. Sincerely, Tony Me um Tidelands Administrator Marine Department TM:ak City Hall 3300 Newport Boulevard, Newport Beach, 'California 92663 VPp { CITY OF NEWPORT BEACH CALIFORNIA 92660 FOR�''P MARINE DEPARTMENT City Hall 640-2156 3300 Newport Blvd. (714) 673-2110 April 4, 1980 Mr. Bruce H. McLoud #73 Linda Isle Newport Beach, California 92660 Dear Mr. McLoud: The Annual Pier Administration billing for #73 Linda Isle was re- turned to us by you indicating you now own the property. According to Title 17.24.030 of the Newport Beach Municipal Code, a transfer of the harbor permit must.be accomplished. The enclosed material describes the transfer of pier permits. The fee for the transfer, as established by City Council, is $165;00. At your earliest convenience, please contact this office so that the necessary transfer can be accomplished, Sincerely, Tony Melum Marine Department TM:la Enclosure Ac-foa Jizc. 621 LIDO PARK DR. Al NEWPORT BEACH, CA. 92663 (714) 673-3117 AX Date: Inspection Requested By: Inspector: INSPECTION FORM Harbor Resources Department 0 �1,P/D 3 _'�DTonDuffy Pier Address:% 9 Io Pier Transfer =Reinspection GFI Present Yes Need None Needed Anti -Siphon / Backflow Present Other Comments Eelgrassl Yes No Present Pump Out Pier Location -- Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request ('1/e7- T)v ,ter 0 ��� 5 V f � � Y�� � v,. i.: + ... ^ .. ik 1.:� cQlrY 0ir NEWPORT SEACH' HARBOR APPLICATION No.'13L) - -;13 2P < I) 019BA4,90A 77. BpE�Q- ----- Ico'ea-4 h VEZ -4,C VICI M I TY SKETCH Foprr 5AY CAI I Przr4ofA Fo (-/.-7 0,/ 1-) 9 5 0,-e c -AIW-C ES Cd feel 01)0' 0%nole &L-/O "'A 5 belOW 1�-7COr7 �V107Z&e. r0,752e o/' ?1,. /0 1 Harbor/1�7&5 Ore CS4� )�eol (;7 7(h '5 oirAlewoorl' 00r., Ca IN, IV ARRUC41Vr�9 A1,404' S L 6*16S 1Z-,W,4WA1 RY CITY March 31, 1977 Mr. Gaylord Wagner Permit #133-73 73 Linda Island Newport Beach, CA 92660 Dear Mr. Wagner: A check of the City's Harbor Permit files has revealed that the permit for the pier and float at 73 Linda Isle is still registered to C. E. Graham. As indicated in my previous letters, a transfer application must be completed and a transfer fee paid for each time the permit haschanged ownership. Chapter 17.24.030 of the Municipal Code addresses the transfer of a permit and reads as follows: "No person shall transfer a permit for a pier, float or similar structure granted under the provisions of this chapter without prior written approval of the City. Failure to pay the transfer fees can be grounds for revocation of the Harbor Permit in accordance with Chapter 17.24.090 of the Municipal Code which reads as follows: "Grounds for Revocation - Any permit heretofore or hereafter granted for any structure or work in the waters of Newport Harbor or the Pacific. Ocean may be revoked by the City Council upon any of the following grounds: 4. The permittee has failed for a period of sixty (60) days to pay the fee or fees heretofore or hereafter imposed for the occupancy of tidelands filled tidelands or submerged lands upon which such work or structure exists." Your cooperation in bringing this permit up-to-date will avoid any further action at this time. Sincerely �'G1en E. Welden Tidelands Adminstrator GEW:11 �' 9300 NewT)ort Boi.ilevnrd, Newport Beach, calirora,iI 99 CITY OF NEWPORT BEACH CALIFORNIA City Hall C"11-/Fp�3300 W. Newport 'Blvd. Area Code 714 640-2156 March 8, 1977 Gaylord Wagner 73 Linda Isle Newport Beach, CA 92660 Dear Mr. Wagner: On .February 3, 1977 r a letter was sent to you regarding a 11arbor Permit transfer. To date no response has been received by this office. The transfer and fee are still necessary. This permit must be brought into compliance with City Ordinances to avoid revocation of the perm If you have any questions, please contact me at 640-2156. Sincerely, W.CGlnE. Welden Tidelands Administrator Marine Department GEW:nn CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd Area Code 714 640-2156 ,February 3, 1977, -Gaylord Wagner 73 Linda Isle Newport Beach, CA 92660 Dear Sir Pier Permit # 133-0073 for the pier and slip facility located at 73 Linda Isle is registered to C. E. Graham. The annual pier administration billing was returned to our office. Upon checking with the City's Finance Department, the above property is listed to you. If you have purchased the property, we will need a harbor permit transfer application and corresponding $150.00 fee as required by City Ordinance 17.24.030. At your earliest convenience, please advise this office if you have acquired this property so that the necessary transfer can be accomplished. Sincerely Glen E. W&den Tidelands Administrator Marine Department GEW 11 W Q Q I—-} a_ N - ~ - Z , W LU IL �� a o co Q Nco mI lV M ° - i W Nco l co 9, t @ z 1 �_�I Wi CD I O a� sfr JJ ++ p 3 W'cc - m z I z m= 71 i t i OO ca ' S' (1) coa Z �� w¢v Izoz p � 1 ova JoWZ, M Z ll.. r 1 _ m j U L . t- �y. h T O U LL O0 .j (� 1 �U a co _ a- U- 1 twpo CITY OF NEWPORT BEACH <a e CALIFORNIA C1�IFOFtN�r City Ha11 3300 W. Newport Blvd. Area Code 714 640-2156 -February 3, 1977 -Gaylord Wagner 73Linda Isle Newport Beach, CA 92660 Dear Sir: Pier Permit # 133-0073 for the pier and slip facility located at 73 Linda Isle is registered to -C. E. Graham. The annual pier administration billing was returned to our office. Upon checking with the City's Finance Department, the above property is listed to you. If you have purchased the property, we will need a harbor permit transfer application and corresponding $150.00 fee as required by City Ordinance 17.24.030. At your earliest convenience, please advise this office if you have acquired this property so that the necessary transfer can be accomplished. Sincerely .Gle,.-- Tidelands Administrator Marine Department GEW:ll city e'�'p�y�� �°,��- A 3300 Newport Boulevard Newport Beach, Caiiaarnia 92660 714/673-2110 May 19, 1975 Mr, Charles Graham #19 Linda Isle Newport Beach, California Dear Mr. Graham: Enclosed is the application for transfer card you requested. Please sign on the appropriate lines and forward to our office together with the $100.00 transfer fee. Thank you. Sincerely, Glen E. Welden Tidelands Operations Coordinator Marine Department GEW:1f Enclosure city of Newport Beck 3300 Newport Boulevard Newport Beach,"Cal.' fornia 92660 �. �It/673-2110 a v March 28F 1975 Mr. Charles Graham 3 P ei #73 Linda Isle Newport Beach, California Dear Mr. Graham: Pier Permit #133-73 for the slip facilit located at 73 Linda Isle, Newport Beach is registered to Robert Reed. Mr. Reed, after receipt of the pier registration bill- ing, advised this office that the facility had been sold to you. If this is correct, we will need a harbor permit transfer application and corresponding $100.00 fee as required by City Ordinance 17.24.030. At your earliest convenience, please advise this office if you have acquired this property so that the necessary transfer can be accomplished. Sincerely, Glen E. Welden Marine Affairs Aide Marine Safety Department GEW:lf �_ of.33-c�o73�, �7, O C; (0 r, 00 0 w —j < D 0 z�W� 0 W a W j cc z 0 u Cl) w m Z LL LL 00 C%J Ld x �4 AL j u LLI u CO z X- M Ld I— c tU LAJ 09 09 m 0 9x u. z R I-. LU OC r 0 x 0 C) (.0 co CN M co 3 00 0- Z f" Q vi LLI f- LU Cd UA i - LLI 1 Lij� i Al CN CDJ ,. Uj o no �- N �� - t f0. Z•`� Y�+� .04 ooz �m� ���- 3 z Z)� a� m = - l Ewa C O d O'Om W z co ere, Z ..O Zco En C U ca cu • _ - ca Q , U - a co '1 City of Newport Beach. 3300 Newport Boulevard Newport Beach, California 92660 714/673.2110 April 29, 1975 Mr. Charles Graham RE: .133-73 #73 Linda Isle Newport Beach, Calif. Dear Sir: On March 28, 1975, a letter was sent to you regarding a Harbor Permit transfer. To date no response has been received by this office. The transfer and fee are still necessary. This permit must be brought into compliance with City Ordinances to avoid revocation of the permit. If you have any questions, please contact'me at'673-2110, ext. 291. 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