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HomeMy WebLinkAbout135-0101FROM RECORDING REQUESTED AND WHEN RECORDED RETURN TO' Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 (WED) G. 1' 01 8:42/ST. 8:41/NO. 4860040523 P 1 el Lkyy) nt__m Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT 101 Harbor Island Road THIS AGREEMENT is made and entered into this day of by and between 2001, (hereinafter "PERMITTEE" ), and the City of Newport Beach, California, a municipal corporation organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, (hereinafter "CITY"); 9 ` ` WITNESSETH_ WHEREAS, CITY is t owner of certain tide and submerged land^mmediately adjacent to 101 Harbor Island Road (Permit Area) as depicted in Exhibit "A", and the Permit Area is a portion of property authorized for residential use pursuant to the provisions of Chapter 74 of the Statutes of 1978 (Beacon Bay Bill) legally described in Exhibit "B", and referred to as the "PERMIT AREA"; and WHEREAS, PERMiTTEE is lessee of property commonly known as 101 Harbor Island Rcad; and WHEREAS, PERMITTEE wants to repaiWhe bulkhead to ensure the stability of their leasehold at 101 Harbor Island Road, wants to use the Permit Area for residertial purposes ancillary to their lease of 101 Harbor Island Road, and are willing to abide by certain restrictions on the use of the Permit Area as well as acceptance of the responsibility for the cost of repair and expense of maintaining the Permit Area; and WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with CITY'S ability to construct, operate, maintain, and replace CITY and other public facilities and improvements within PERMIT AREA; and WHEREAS, CITY has the right, pursuant to the provisions of the Beacon Bay Bill to allow use of the Permit Area for residential purposes in connection with the lease approval by the City Council and State Lands Commission for 101 Harbor Island Road; and 1 FROM (WED) S. 1' 01 8:43/ST. 8:41/NO. 4860040523 P 2 WHEREAS; the parties hereto desire to execute an agreemert providing for fulfillment of the conditions required by CITY to permit PERMITTEE to construct, reconstruct and maintain said PERMITTED IMPROVEMENTS; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as bulkheads, permanent structural supports for the roof, landscaping, fences, stairways to the beach and appurtenances that will encroach into the Permit Area. The permitted encroachments shall conform to Exhibit "A" attached hereto, as approved by the City Engineer. In addition, the proposed PERMITTED IMPROVEMENTS may vary at the time of construction. Hence, any changes must be approved by the City Engineer and shall be shown on the "AS -BUILT' plans. 2, CITY wi11 permit PERMITTEE to construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within a portion of PERMIT AREA, all in substantial conformance with plans and specifications on file in the CITY. CITY will further allow PERMITTEE to take all reasonable measures necessary or convenient In accomplishing the aforesaid activities. 3, Permiftee may use the Permit Area for residential purposes in conjunction, and in full compliance, with the provisions of the lease for 101 Harbor Island Road, subject to the restrictions on improvements in the Permit Area specified in Subparagraph (1) - (2); 4. Rights granted under this Agreement may be terminated by CITY at any time by giving 60 days' notice, specifying in said notice the date of termination. CITY shall incur no liability whatsoever in the event of the termination of thls Agreement, or subsequent remcval of improvements by CITY. 5. PERMITTEE and CITY further agree as follows: a. PERMITTEE may construct and Install PERMITTED IMPROVEMENTS and appurtenances incidental thereto, in substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department, and as described on Exhibit "A" hereto attached. b. PERMITTEE shall maintain the PERMITTED IMPROVEMENTS in accordance with general prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require PERMITTEE to maintain, replace or 2 FROM (WED) A. 1' 01 8:44,: ST. 8:41/N0. 4860040523 P 3 repair any CITY -owned pipeline, conduit or cable located in or under said PERMITTED IMPROVEMENTS, except as otherwise provided herein. C. If City or other public facilities or improvements are damaged by the installation or presence of PERMITTED IMPROVEMENTS, PERMITTEE shall be responsible for the cost of repairs. d. That should CITY be required to enter onto said PERMIT AREA to exercise its primary rights associated with said PERMIT AREA, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS, as required, and in such event - (I) CITY shall notify PERMITTEE of its intention to accomplish such work, if any emergency situation does not exist. (ii) PERMITTEE shall be responsible for arranging for any renewal or restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iii) CITY agrees to bear only the cost of any removal of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iv) PERMITTEE agrees to pay all costs for renewal or restoration of the PERMITTED IMPROVEMENTS. 6. In the event either party breaches any material provision of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement, and, in the event the breaching party is PERMITTEE, CITY may enter upon the PERMIT AREA and remove all or part of the improvements installed by PERMITTEE. Termination because of breach shall be upon a minimum of ten (10) days' notice, with the notice specifying the date of termination. In the event of litigation commenced with respect to any term of condition of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs Incurred_ 7. PERMITTEE shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when outside attorneys are so utilized), regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of the PERMITTED IMPROVEMENTS. 3 FROM (WED) 8. 1' 01 B:45/BT. 8:41/NO. 4860040529 P 4 8. PERMITTEE shall pay City a fee for the right to use the Permit Area, amortized over a twelve month period. The initial Encroachment Permit Agreement fee shall be $3,500.00 and this fee shall be modified on every twelve month anniversary of this Encroachment Permit Agreement to reflect increases or decreases in the Consumer Price Index (CPI) for the 12 month period preceding the anniversary date for which increases or decreases in the CPI have been reported. The term "CPI" shall mean the United States Department of Labor Bureau of Labor Statistics consumer price index, Los Angeles -Anaheim -Riverside. 9. PERMITTEE agrees that this Agreement shall remain in full force and effect from execution thereof, and shall continue for a term commensurate with the lease for 101 Harbor Island Road. This Encroachment Permit Agreement shall terminate as the lease for 101 Harbor Island road expires on is terminated. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first -above written. CITY OF NEWPORT BEACH, a Municipal corporator APPROVED AS TO FORM: City Attorney ATTEST: City Clerk ag\hrbrisl.cr3 4 By: City Manager PERMITTEE: By: CIVOoJ aNVISI 8Oe8VH aD ma fA ig CD 1nM a00Oy) AS'Z1� 3v�0a m A Q N {P m 0 4 M 5 d 5z50ti0090b 'ONI/ t,:0 'Is✓5il:0 ;0 ,b '0 (QEM) CITY OF NEWPORT BEACH May 22, 2001 Mr. Kenneth Strottman 101 Harbor Island Road Newport Beach, California 92660 Dear Mr. Strottman: I have been reminded by the City's Revenue Division that the property at 101 Harbor Island carries with it substantial leasehold obligations that the City must seek and acquire on behalf of the State of California. In short, part of the property at 101 Harbor Island is owned by the State. We have an executed lease on file (a copy is attached) with the previous owners, Mr. Thomas Ellison and Mr. William Ellison, that directs that they (or the leasehold's assignees) pay the City $1,385.42 per month to compensate the City (as trustee) for the private use of this State land. Further, as is the City's practice regarding private encroachments (docks, bulkheads, and landscaping) on public land, the City has required an annually -renewable Encroachment Permit of $3,500 per year for the encroachments at 101 Harbor Island. Since your purchase of the property in January 1996, our records show no payments to the City associated either with the lease or the encroachment permit. To date, the amounts owed for each of these documents are: Rent ($1,385.42/mo) from January 1996 to May 2001 = $91,437.72 Encroachment Permit(s) Fees ($3,500/year) from 1996 to 2001 = 21,000.00 Amount Due = $112,437.72 I recognize that this is a substantial sum of money. I recognize, too, that there is a possibility that you were unaware of these obligations that came with the property at 101 Harbor Island. However, both the leasehold and the encroachment permit should have appeared in a title report and should have been disclosed by your real estate sales agent and/or the Ellisons upon the sale of this property. You may wish to review your conversations or notes associated with your purchase of 101 Harbor Island, since the City is obligated to seek payment for these amounts. You may also wish to contact the title company you used in January 1996 as a part of your purchase of 101 Harbor Island to inquire as to what they did or did not discover about the property. City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659-1768 Letter to Mr. Strottman May 22, 2001 Page 2 Unfortunately, the City has little leeway in this matter thanks to our role as tidelands trustee - as such, you will begin to receive billing(s) for these amounts. Since I cart help but put myself in your shoes were I to receive this letter, I am at your disposal should you wish to discuss this matter further (949-644-3002). Sincerely, DAVE KIFF Assistant City Manager Attachment: 101 Harbor Island Lease cc: Mr. Homer Bludau, City Manager Council Member Steve Bromberg, 5th District Bob Burnham, City Attorney Mr. Tony Melum, Division of Harbor Resources y Mr. Glen Everroad, Revenue Manager Ms. Seanne Carney, Revenue Division CITY OF NEWPORT BEACH cy May 18, 2001 Mr. Kenneth Strottman 101 Harbor Island Road Newport Beach, California 92660 Dear Mr. Strottman: I have been reminded by the City's Revenue Division that the property at 101 Harbor Island carries with it substantial leasehold obligations that the City must seek and acquire on behalf of the State of California. In short, part of the property at 101 Harbor Island is owned by the State. We have an executed lease on file (a copy is attached) with the previous owners, Mr. Thomas Ellison and Mr. William Ellison, that directs that they (or the leasehold's assignees) pay the City $1,385.42 per month to compensate the City (as trustee) for the private use of this State land. Further, as is the City's practice regarding private encroachments (docks, bulkheads, and landscaping) on public land, the City has required an annually -renewable Encroachment Permit of $3,500 per year for the encroachments at 101 Harbor Island. Since your purchase of the property in January 1996, our records show no payments to the City associated either with the lease or the encroachment permit. To date, the amounts owed for each of these documents are: Rent ($1,385.42/mo) from January 1996 to May 2001 = $91,437.72 Encroachment Permit(s) Fees ($3,500/year) from 1996 to 2001 = 21,000.00 Amount Due = $112,437.72 I recognize that this is a substantial sum of money. I recognize, too, that there is a possibility - maybe even a likelihood - that you were unaware of these obligations that came with the property at 101 Harbor Island. However, both the leasehold and the encroachment permit should have appeared in a title report and should have been disclosed by your real estate sales agent and/or the Ellisons upon the sale of this property. You may wish to review your conversations or notes associated with your purchase of 101 ]Harbor Island, since the City is obligated to seek payment for these amounts. You may also wish to contact the title company you used in January 1996 as a part of your purchase of 101 Harbor Island to inquire as to what they did or did not discover about the property. City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659-1768 Letter to Mr. Strottman May 18, 2001 Page 2 Unfortunately, the City has little leeway in this matter thanks to our role as tidelands trustee - as such, you will begin to receive billing(s) for these amounts. Since I cant help but put myself in your shoes were I to receive this letter, I am at your disposal should you wish to discuss this matter further (949-644-3002). Sincerely, DAVE KIFF Assistant City Manager Attachment: 101 Harbor Island Lease cc: Mr. Homer Bludau, City Manager Council Member Steve Bromberg, 5t11 District Bob Burnham, City Attorney Mr. Tony Melum, Division of Harbor Resources Mr. Glen Everroad, Revenue Manager Ms. Seanne Carney, Revenue Division �n P 1- Iro N� CITY OF NEWPORT BEACH March 19, 1996 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Kenneth Strottman 621 Poinsettia Ave Corona Del. Mar, Ca 92625 Re: Pier Permit 13501011 Dear Mr. Strottman: Mariners Escrow Corporation received notice from this office that the pier permit for the structure bayward from 101 Harbor Island Drive could not be transferred into your name until an anti - syphon device was attached to the water supply to the pier. (letter attached) Please refer to the attached sketch showing the approved type of device to be installed and call 644-3043 when the pier is ready for reinspection. If you have any questions me at above number. nce / Wes Armand in regards to this matter, please call 3300 Newport Boulevard, Newport Beach �w NAME MAILING ADDRESS DATE APPROVED BY: ENGR COUNCIL ❑ n - /® �,� D T• Iri-/Iy/ INSPECTION V �� SPECIAL CONDITIONS: ADDRESS OF PROPOSED FACILITY PERMIT 8 /AAP�/ / FEE CHECK hL TELEPHONE NO'. APPLICATdON IS HEREBY MADE A HARBO PERMITMIT T CONSTRUCTIREVISE A AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF '.. NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING COMPANY BY DATED DATE SIGNATURE CITY OF NEWPORT BEACH, CALIF. WX FORM 68-1010 CITY OF NEWPORT BEACH CITY OF NEWPORT BENCH �Vy / `T� iZj1 pRCIFIC aC ERIV 'VICINITY MRP IEWCRT ERY, Q;.IFMUR WEST JEM \ z� .rim f-7.5- �✓ /1/l�;l • OIL=OG L C/� T' Tr'-r' J PROF I LE 1 = 10' 7'- /0, S SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. Il/sue 17- 7�� a �3-�•3�° !C3� l 1 47/ / 14<1, �20f= cGD COA/C, PLAN VIEW 1' = 40' JAPPLICANT'S NAME lJOB ADDRESS /0/ NAIPSOP /S, C2 NATE 3.6• % 1 The Harbor Permit for this facility shall be conditioned with notes to the effect that the property owner built these improvements for his sole benefit, and as such, they shall likewise be maintained by the property owner at his sole expense. Moreover, the City of Newport Beach has rights to effect maintenance if owner neglects to do so, and to assess costs for such maintenance against owner's property. MY OF NPMORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL. CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUTTHE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE REVOKED W THE CRY COUNCI IN ACCORDANCE WITH TI7LE 17 OF UiE MUNICIPAL COrZ CITY WAABOR COORDINATO 1-55-101 PERMIT NO. DATE CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH NEST j \ /r pRCIFIC oc ERN VICINITY MRP Wf'CRT MY, CRLIFOWR 72up,pm NEWPORT O P�OJLCT pr _ sires f /0. S -f- 7, c ;� PROFILE 1' = 10' SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. /.A;rl-/02 /tor: L X/ST. 1•V00,� /ELK `L \ FS / , � I � I I 471 ,d20i=�SC,D CONC, 2(PL/;CL-``ML,t/i sL/l'G PLAN VIEN 1' = 40' JAPPLICANT'S NAME KS,�//�iL I Lj 577-120; ,W41V I JOB ADDRESS /0/ I-1AR SOP /S, D2 1 DATE 3 • ro • 9/ 1 The Harbor Permit for this facility shall be conditioned with notes to the effect that the property owner built these improvements for his sole benefit, and as such, they shall likewise be maintained by the property owner at his sole expense. Moreover, the City of Newport Beach has rights to effect maintenance if owner neglects to do so, and to assess costs for such maintenance against owner's property. C11Y OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUTTHE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE REVOKED W THE CITY COUNCt IN ACCORDANCE WT;H TITLE 17 OF 'UIE MUNICIPAL CODE: ITY A BOR COORDINATO PERMIT NO. DATE WE S FEngineering a n Arc itecture A. Ross Cash, S.E. Chairman Supervising Project Manager 5772 Bolsa Avenue, Suite 100 Huntington Beach, CA 92649 (714) 895-2072 (310) 426-6145 FAX (714) 895-1291 Mailing Address: P. 0. Box 2715 Huntington Beach, CA 92647 TO: 14V'r DATE ❑ MAYOR ❑ GENERAL SERVICES ❑ COUNCIL ❑ BRARY ❑ CITY MANAGER MARINE ❑ DEPUTY CITY MGR ❑ ARKS & REC. ❑ ATTORNEY ❑ PAYROLL ❑ BUILDING ❑ PERSONNEL ❑ BUSINESS LIC. ❑ PLANNING ❑ CITY CLERK ❑ POLICE ❑ DATA PROCESSING ❑ PUBLIC WORKS ❑ DUPLICATING ❑ PURCHASING ❑ FINANCE ❑ TRAFFIC ❑ FIRE ❑ UTILITIES ❑ TELECOMM. FOR : ACTION & DISPOSITION ❑£ FILE INFORMATION ❑ REVIEW & COMMENT /�j❑�,R. �ETURRN REMARKS: 1 I�'RC�ML. t3AY (4. 41 f$ NeT lme-c upigz-, t0rmrr•Z A4,agE(4 4 4 em, C I - 5-:4 cau 3AZp l c.r E mom: 4v ,W_16/ HARBOR PERMIT APPLICATION City of Newport Beach Fire & Marine Department . Project Address s ss 3. New Construction Revision � Maintenance 4. Fee /749=' Check No . /7/',:,e, -? Date 5 . � Brief Description of Proposed Work: Tjt., qt 0 W-ImMIXMI 6. Submit Drawings(3) Include: 1.Location and dimension of proposed structure 2. Location of bulkhead 3. Location of property lines and lot size 4. Location of channel markers within 200 feet of proposed project 5. Existing ground profile, and area and profile of any dredging with elevations showing depth relative to MLLW 6. Elevations of top and bottom of piles and bulkheads with respect to MLLW 7. Aniy special conditions affectinv the construction or affectiating operations. 7. Owner Builder/Contractor Declaration/ urance-,TrfEormation 7. Applicant' s/Agent's Signature �� Date 8. Work can begin once the City has received evidence of the following proceed-: additional approvals and you have been notified to OF'F= USE ONLY Approval in Concept. Date 4 /ZI� Approval.,of the City of Newport Beach Council. Date ZApproval of the Array Corps of Engineers. Date ZApproval of -the California Coastal Commission. Date _Z"Approval of the City's Public Works Department. Date Approval of the City's Building Department. Date /County of Orange. Date Issued. (Pezmi.t is stamped drawing) Date Site-Inspection.(call 644-3043 for appointment) Date Site Re -Inspection. Date Conditions: OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec.7031d.5, Business and Professions Code) Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant fora permit subjects the applicant to a civil pernalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as tle r sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or throuVh his own employees, provided that such improvements are not intended or offered for sale. If, however, the.,building or improvement is sold within one year of completion, 'the owner -builder will have the burden of proving that he did,not build or improve for the prupose for sale.) I, as owner of the;prcperty , am exclusively contracting wit icensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such proiects with a Contractor'(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Pro essions Code for this reason: Owner Signature Date Contractor 5�uie r.: 7- 'T f c -P Telephone 7d-3 Address 5-�p t9 — ® 4 fr-e -e .. License Class State Board No.�0 �% City License No.r",�- � LICENSED CONTRACTOR'S DECLARATION I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) Division 3 of the Business and Professsions Code, and my is s is in full force and Contractor Signature Date /iffect. "� 1 " 1 6 13 T Y oA- NF`W,=O er :4C W W� Z1 isr `' e=c �' eS31 12-12-1996 01: 42PM ;7ROM SWIFT BLIP DOCK/PIER 91-D. TO 6733356 P.02 500...30.th. tr�..et, eWp'6rt Beach..'.CA,- 92663 TOTAL P.02 MARINERS ESCROW CORPORATION City of Newport Beach 3300 Newport Blvd. Newport Beach,CA. 92663 Attn: TONY or WES/ MARINE DIVISION Gentlemen: 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Post Office Box 8808 Newport Beach, California 92659 Phone (714) 640-6040 Fax (714) 721-8157 Date: December 28, 1995 Escrow No. 11745MS Subject Property Address: 101 Harbor Island Drive Newport Beach, CA Re: ELLISON/ permit No. 135-101 Enclosed is Check No. 88456 for $150.00 for dock inspection application fee for the above referenced property. We will be closing this escrow on or before January 15,1996; Sorry about the RUSH. Please call if any thing else is needed to complete this inspection. Thanks. Sincere ours, ilyn Sauter j1 scrow Officer 13;-10/ Fc— ! T Y of Nat- , W, 3 0 0.� O,Pr BEACf1 III Z �I �I =t I QproP: Q1�K; `� P.irticP tt �X1ST �•011T TM it �r �p�i�ji.M+iGLIl1E,. r to�. -a:aa i Lar eoe,. (� v a t rs 0 rot ♦rlL�r /ewc.ar Q ILAa,p .o e V y.. C/ _� _ •waw•w �w� O C VICINITY SKETCH Nswroar , Bs,Y Cat +coanus► Z GetiMw a ass .wr< wssr �ssrr •, � Cwsr lsTrr r � � ore erpressad rn /aef and d«.ofe Sound n9s ,r? Lower La+� Wofen Moxr...ci�► dppif+s bebelowyea)! !O �ae�4 Horvor ���es tong e v { flde oPP • are ea�o6/r'si,os is /lr,s . secfros of'Nawpa�f Bor G o 4\ T 1240 197. to a ityy� l T 15-LA�.fl CHp+►���' E Po�T�oM ON N•W . I/4 t +ra GT�ON 3�t T.4a24, -�tEtcnnks �.-�-rSoN f� . , f�r rw , M40 Y.Nouw Rs M PCs. �w �5T S ► vE h ppl7ld�, f,0A0d/ uTY tier. roc++ JcB ,QD02E55 I D( 4��>roR �Si.AN� ROAD Ca v7'RAC To AV To (?�o � DATE SEW PO T °�> CITY OF NEWPORT BEACH V P.O. BOX 1768, NEWPORT BEACH, CA 97.658-8915 January 29, 1996 Mariners Escrow Corporation Post Office Box 8808 Newport Beach, Ca. 92658 Re: Harbor Permit 135-0101-1, for 101 Harbor Island Drive, Newport Beach Escrow No. 11745MS Sirs: The City of Newport Beach Marine Department has received a request to transfer pier permit 153-0315-1 for the property located at 101 Harbor Island Drive. The facility was re -inspected on January 26, 1996. We cannot transfer the pier permit until the following deficiency has/have been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. A City -approved anti -syphon device is required at the water connection for the water supply to the pier and float. A sketch showing the approved type of device and its installation is enclosed. The device presently on the water service is no longer an approved backflow prevention device. This requirement is in accordance with Title 17 of the California Administrative Code. The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the CityyIs minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE BEEN CORRECTED. Please call 644-3044 to request a re -inspection. Sincer G ��P�tnand Harbor Inspector 3300 Newport Boulevard, Newport Beach /3� �oI •jl T Lor eotA a � J ~!wool •wcrpA D .o Q lf•1•' "T� /w&�I+ Q•� • � Ger�r� VICINITY SKETCH fJlwioMM SAY Cat iiroa"/sa y! w �strr SOU�7p�inQS Ort• dXprQSScd in �se� and d«.o�e dxpf,+a below tilta*? Gowdr Gow Warr^ tilox�.wv.�. range ,of tide !O ��eA Horhop. /,;lei ore ea�ob/�'sfied as �s,is . JeCj4ioq of'.✓aWpo.� Bob: , ej�,� P <71 d I r WO(LiH IN•40� - � I H�rRROR 1$-LAN t? CHANNEL I - `-FWOD.- G$a i - - - EHG PORTicN ON 3$, T•(o4, 7-5 A/.4�! M(Z . M R4. ?tfCM.45 M • SLW SON R .10 w , S. 3, ��a M , A-LsO ��•louw as ; ,or c W 04'r 5j;V N Pp1"TIOJ, iWAOON ea , U'ri' OF NM 94f, SSS 101 449$49 I19-ANO ROAD COA,,rWA C ro Ar Ta" DATE 5-(a-61 TO: Tony Melum Newport Beach Marine Department P.O. Box 1768 Newport Beach, CA 92659 ATTENTION: DATE: Nov-15-95 C&A PROJECT NO: 94912.00 PROJECT DESCRIPTION: Bulkhead 101 Harbor Island Road, Newport Beach WE TRANSMIT: ❑X FOR YOUR USE El PER YOUR REQUEST El FOR REVIEW & COMMENT VIA: U.S. MAIL FED EX UPS El COURIER ❑X HAND PICK UP ITEM(S) BEING TRANSMITTED: ORIGINAL(S) X DRAWING(S) MEETING NOTES X BLUELINE(S) SPECIFICATIONS CORRESPONDENCE/MEMO SEPIA MYLAR(S) CALCULATIONS PROPOSAUSOQ SEPIA VELLUM(S) SHOP DRAWINGS(S) SF254/SF255 PHOTOCOPIES REPORT(S) OTHER # OF COPIES DATE REV. DESCRIPTION 1 7/3/91 A C1 'Plot Plan and Notes: 1 7/3/91 A S1 'Plan and Details" REMARKS: Thank you for loaning us these drawings! PLEASE SIGN & RETURN COPY FROM: 0 , /L Ca, (ENVELOPE PROVIDED) A. Ross Cash, S.E. WITH COPIES TO: CASH & ASSOCIATES 5772 Bolsa Avenue, Suite 100 WITH COPY OF TRANSMITTAL TO: Huntington Beach, CA 92649 Mail: P.O. Box 2715, Huntington Beach, Ca 92647 (714) 895-2072 (310) 426-6145 FAX (714) 895-1291 * * * * IF ENCLOSURES ARE NOT AS DESCRIBED, PLEASE CONTACT OUR OFFICE * CLIENT COPY c Melum, Tony - Fire/Marine From: Melum, Tony - Fire/Marine To: Delino, Ken Subject: Bulkhead at 101 Harbor Island Dr. Date: Mon, Jul 17, 1995 8:39AM The bulkhead at the above address was constructed about August, 1991. The engineering firm that designed it is out of business due to the death of the owner. It was a wood wall and in conversations with one of their engineers, he indicated it would last , best case 15 to 20 years and any adjacent structures should be held back since it was designed only to retain the yard. Page 1 MARINERS 190 Newport Center Drive, Suite 0 Newport Beach, California 9266660 ESCROWCORPORATION Newport Beach, California 92652658 Phone (714) 640-6040 Fax (714) 721-8157 City of Newport Beach MARINE DEPARTMENT P. O. Box 1766 Newport Beach, CA 92658 Date: January 17, 1996 Escrow No. 11745MS Subject Property Address: 101 Harbor Island Road Newport Beach, CA Re: Transfer In connection with the above numbered escrow, the following items are herewith enclosed: Our check in the amount of $150.00 represents the transfer fee regarding the above property. Transfer application signed by both parties i incere Yours, am Amburgey for Marilyn Sauter Escrow Officer MAY- 2-95 TUE 16:05 NEWP ECH MARINE DEPT 7146733056 P. 02 CITY OF NEWPORT BEACH Marine. Department December 13, 1991 TO: FINANCE DIRECTOR FROM: Marina Director SUBJECTi. BILLING VOR ENCROACKMF.NT PF.RMTT Attached in an' Encroachment Permit for 101 Varbnr Tat anti nri va. This ,permit should be billed to the permittee annually at $3500 per ,year. After you have had a chance to review the permit, please call me and we can figure out how to bill this so it won't be lost in the ohufflo, It should +either be attachad and billed when wo bill the leases for that address, or perhaps a separate system will be necessary. c.� Dave Harshbarger Marine Direc Lor ,�-x' .old •�� . MAY— 2-95 TUE 16:05 NEWP BCH MARINE DEPT 7146733056 P.03 .a This Encroaoment Permit] dated this � � day of 1991-tor purposea of identification, isaUsd by the city cf �"p�xt Beach (1fCityly) to Thomas t. Ellison., ft. and William T. -1�111ison ("Perm,it,teeg") is i.ssi,ed with reference to the, following: A. Permit.tses art lessees of property commanly known i�ix lol Harbor Island Drive, 9. city id thq ovnex of certain tido and a0merged ?a:ftaa immediately adja'bont to 101 Harbor ial4nd Drivo as depi,crted in Exhibit "All, lavally daeoribod in txhibit "D", and referited to as the "Permit Area. a' C. ,Vdrmittaes# or their pred.ecessora, have construoted a bulkhead alvn9 the shorelirte of the permit Agra and have installed iandsoaping, a wood fetid, a concrete driveway, and order improvrmep is in the Per'Mit Area and upland of the bulkhead. u. ne bulkhaaa on city property baS d6t,eViorated to the point that it no longer insures the stability Of the Permit Aripea and failure of the bulkhead could result in erosion of the Flermit Area and consequent deposition of material in the ellannei berisath the Harbor island aridge, thereby afftcting naVigation. E. city hats no preserit intention of igrovinqq the permit Arvaa for use by me"hers Of t•he general pUbl10, butt Wishes to lea9Lntairi the option to do so at AhY time Using come or all cii1f the improvement% iatA'b&11e4 by Permi,tteOhs betord and aftdsx the rf £ectivs date of this Agreenent. F. Per-mittees want to repair the )-?ulkhead to insuz:e the staluility of their leasehold at 101 Harbor Yaland Drive and are wjllling la invur the coots of repair as well as the expend.sa of maintaining the P$rmit Aros without any right to controcoY the Permit Area during a 'tuna certain and oubject to the ether conditidhs of thi0 Agrealnent. 1 MAY- 2-95 TUE 16:06 NEWP ECH MARINE DEPT 7146733056 P.04 NOWT rHSREFORS, the parties agree as follows: following in and adjacentants to therPermit �Area r right to do the (a) Repair and maintain a bulkhead in tho alignment dcjpi.cted on Exhibit "A" t (bj lnstal l r mlint&ln and use land0caping that, with the exception of,tha two mature treea present within the Permit area, d006 not +exceed three feat in height measured frem grade as of the 4fective d4tre8 (c' Maintain end uae thd exiuting concrete driveway and the axiatinq wood fence located on the 0outharly one-third of the Permit Ar6ap and (d) Kaintain a portiQn of the exi,$ting roofed patio ad;jaognt to the atruotura at 101 Harbor Island Drive, provided no more of the et.ructure shall encroach into the Per%14t Aree than is shown on Exhibit 11A, n moo. -we paite/Touft. This Enordachment Agreement, ahilkll be effecti'rt on the date it is executed by the City mAna,er of Chm City of Newport Beech Und shall continue for a period of one (1) year unless earlier terminated as provided iMa this Agraartent. permi.ttees gay apply for a now encroachment pexrit by submitting 6, Natice of rntsr,tion to Reft,6w to the Orine Direot.or within sixty (60) days of the expiration date 3 ► re@a 4iT1 ensn (ai p�axmittee shall pray City a permit fee of $30500 on or ;5 before the effective data of this permit. (b) Fermitteas shall, within �� days after the eff�Ctive date Cif "is fermi,ts • submit piano for the repa;1ir and reconstruotion of the bulkhead, as epePilicd in Eahibit "A"" a uvFRmenCa the repair of trio bulkhead corosistent with, atld withi4 sixty (60) clays after Cfty approval 6.1., the Plans, and diligently pursue aoftstruction to ooMpjjttion,, all in accordance with the approved pleas. 4. ni r h ,w �.��. „�« r per• permi.tt,ees Pihel 1 net sell, Sign, exchange, or Qth*tWisa transfer this Permit to any person, or entity other then the Lessoo of 101 Harbor J;sJ&11d Road. City,a written content shall be required prior t.n any transfer pursuant to this paragraph. Any purported tr-,Ptnsfer 2 MAY- 2-95 TUE 16:07 NEWP ECH MARINE DEPT 7146733056 P.05 or attempt to trAngfer by Permittees shall render this Permit gull and void. 5, Ildemn$ ic4ti ;. Permittees shall defend, ihdiginni fy ek,1114 hold harmless the city " we11 as its Officers, aCjG111Ue and smplc�yeea With reppect to all ClaitnA Or demanda of 4hY bind or mature arising out of, or in any way reiatea, to this Permit or to the use pr 0CGupancy of the Permit Area. pej:�h1i'tte6S eb"gations pUrsuant to this paragraptl spell not apply to any olAim yr demand iarising out of the freudujei,L or tooillful misoonduct, violatlon of law, Or aole negligence of tl,,e City ar its cffiaers, krpjoyooj, egants or repr60Qntatives,. • ne==2 pog•mittees shall o i4t Vexmitteev own Cott and. expense, Pt 'Uro and nat4tain during the torn of this rip-rmit, a broad form comprehensive coverage policy of public liability insurant,Q issu,od by a comr2lny Licensed by the Stitite of Cal'fornia, The polloY shall insure Permitteee and tl,e City egainst lose or IfAkility In any way related to the lase or Occupancy of the Permit Area ley the Parmittees Or any otior VAreQn. Tho poiicy 9f insurance shall, prQvlde coverage in thin f6110wing amounts a tag One trillion Dollars for iAJUrV to or death of on* p,iaroorir and, Five Hundred Theusand Dollaara fox damage � o or destruction of any real or parsonal Property Pervittees shall provide a cOpy Of required ,policies '►rithir, ten (10) days after' the etfeotive date bf this pertttit aild the paXf�caei shall contain a provision that it cannot he oaraceled for any reason unless ten (10) days' prior written mot.ce of c2naelelati" is given td City in the manner required for service of notica. 7, TkUdAdtlQ - CitY 8h&11 have the right to terh1inate this Permit Without cau" lay giving POrmittees writt�eh notice o f 9#s intoagt3can to do Go. Me written notice shall specity the e f feceiVek date of tornihati,on 'Which shall be at least f 1, ftoen (l5) daye after the date an which natico was given. 8. � • t3 Permute" shall US* the PRIe it Arlon in reria+� oomg�,ift"i e with the provisions of this Permit anal any use of thi permit Area other than as $Pecifiad in paral-roph z Oshall invalidate the Permit, 3 MAY— 2-95 TUE 16:08 NEWIP BCH MARINE DEPT 7146733056 P.06 9, Noting. Any Notice required to bo giM pursuant t0 this shall be aacmed givan When and, delivered J1:0 the Pe p6rson(s) specified below/ or when deposited in the United States nail, first class pootago prepaid., and addragized as follows: ��ty re i ,urine biaraotat city of 19owport Bcscb : 39Q Newport Boulevard ' p,Q. Box 1760 Newport Beach, cA% 92659-1768 "PerItml't teez" I Thoaas E, Ellison$ Williala J, V11i9 A 101 Herber 1014nd Newport Beach, CA IN 'FITNESS WHEM? i the partiea have caused this Agr6eIY,,ent to be executed on the clay and year first written above. CT'I Y OF NEWPORT BEACH A Municipal Corporation AT TESTIS Bya ..�.. �.,—. _ . ­ _.-— city manager IIpliJX4 FFFT _au..k APPROVED AS TO FORM-1 By ITY Af,�° c aFY 1.rPar4reao%, apt U aim j���1r R- y -TOTAL P MAY- 2-95 TUE 1 G m 09 NEWP BCC MARINE DEPT 7146733056 P. 07 •� � �- �� � Zr � � � G Pig 9 f -[ � e' r�-a . yy 1 � ems.... ___--- — ' '..�.a_r..�__._..—_ .. .._ _� T.--.+ .. ._,_•..�.. .. . - _..... . , . • � r,'•"M �11fYii Y , � F-�fddA�'A,jppp-f 1+'GPAr�tAat�aP At?:p G!•idayr mm aoA AVOA .' w R4wP 4 r MW AU4 AFL dug Arm 0' A�4 Np ldS�121++V Id�Aif1� SXOld aw%A*'.fiBliti Am Af .'AF&vx4w of AMOW AA/A 0 ANAWOtA/(�AWO f 4r4411F1AWM& 'jF ! apt �" � � Sr t? � �1� �r°9 it �'�'1►' 1h � - t:AY �Awl �Ta.,�r..A�, P�.o0�. a y .i VJ b ►r L.'"ti'� VICa e- 1��a k RICHARD K. SHOGREN & ASSOCIATES Consulting Civil Engineers 12755 Brookhurst St. #203 Garden Grove, CA 92640 (714) 636-1620 SO I L CLIENT JOB NO. 64S PROJECT t- c-, f-7 4— ENGR DATEL-2-0-fl CK DATE 110 11 SHEET NO. OF RKS FIELD CM1A.M0--i!:- co it 7- 71Mb,6P- )21Z,!5 77 75Z 55 3352 &-STeD -TJ4-rs '7 LEt-.L, �167 c-F rim LGA0 for Y7 2 VERY c- L-Vs cf- , MLL�,J 1 '2, kc- c_�)7 AIL . S E P— 1 0— 9 1 T U E S= 3 S P 0 1 61 bN�.-/'�� '�•a �i '��� i4�•..� �,lu �, ,'�.�i' � ,�y�.i. yr; �.. ,�y ^V.�V_S*�"'y,y.�IF/J�-y 19" Y '�5�y`_.��YJ"dW "7�/•ai � '�� "' ICI ,� ` W*,'���t:'•% 'ti•n �`��..:. w:^ ti.;^ �'.ti• . �;✓ 9-4-91 T r r OR LUMBER &TREATINGr INC. AYL PRES SHERID,AN PRESSURE TREATED LU�'�BER I DlvlszoN P. O. BOX 562 • BEAVERTON, OREGON 97005 / ��• This certifies that the foilowiag "4 of material was pressure treated in accordance with f to a £naI minimum retention of 2,0 pounds per cubic foot; �• 3-335-91—s IBEX ENGINEERING VERBAL PRESSURE TREATED CREOSOTE DOUGLAS FIR PILING 72 Pea x5' IO"-15" Butt Charge No. 5332 Charge No. 5348 Charge No. 5360 Assay Results 24.42 PCF Assay Results 20.39 PCF Assay Results 20.87 PCF Charge No. 5363 Charge No. 5365 _ Charge No. 5380 -24.42 Assay Results 24.0 PCF Assay Results PCF Assay Results 27.19 PCF •.M... 1-7 Cgrf f>;rate 499="hers4ip This certifies than Sfraridan Pressurs TTroated Zumter, Inc. is it member in good standing of the American - Wood Preservers institute 2600 Virginia Avenue, N.W."- _ Washington, D. C. 20037 Af;1(2e4wo Certified T`OOD R LUMBER & TREATING. INC. WOOD ;t PRESERVING DYV &1eaeive Mire Praddene ,; sh den Prea'rura Troa a "r, Inc. Peter Ayala, Quality Control Manager 08/26 91 (17: d5 V503 201 2574 TAYLOR LUMBER 444 BOB WRIGHT �001 KN 0wij;E: 3G'Ni�1zT ©ATE - REM TO: - - rayfar Lumb+erT& Treating, Inc. P.O. BOX4,800-17 Past Once Saw 567 BFEA'J1rR70N, GAOON 97076 PORWAIIZJ, Oil 97-208 50LC,U11BEX B*;GItiEP�_\= Sz-�P _Ox ELaISQ'Z 2780 ST TjpU—,5 Ails ArRsor, MR STGN 'll RIT.Z CA. 90806 BEAC:Z, CA @4S700 OUR CRCER NUMBER YOUR ORDEM N'iPoas.A 4HIPPING UAT2 �.R?A:� TER1,13 CAA N, .iBESI ":"' A �.CrTC �rJr;Si';?�ARTO'1 • T1L;C�^iT4r�_r•y�T . /',fir . 1� :JLT.^� T1�T 7 �']�/ }G `P-7A A',3r� l 0{r-�2 5 SPECS. _•'•'t��iJa7''�C2riJJ fi:.=CL �r:1..Sl,/LiLi �`r-a1T»r Z'1'1—n'- �4 is •• ri vV '�.i�V:+ NKYT RE` INT1OX' OF 20- 13S. PER CLB Y 0'0 PEti ni'7rrA L^.-3 &` -= cs1�2P'�CATB RE L' 0R ? jLjyC PRT.R� 1'C Ct?i""1ZG. 72 T ;A-Vr y(11u D. I Cot 15" BUTT RICHARD K. SHOGREN & ASSOCIATES Consulting Civil Engineers (714) 636-1620 25 November 1991 CITY OF NEWPORT BEACH Marine Department 70 Newport Pier Newport Beach, CA 92663 Attn: Tony Melum Tidelands Administrator Re: BULKHEAD REPAIR AT 101 HARBOR ISLAND DRIVE Dear Tony: File No: L1125543 We are in receipt of the Harbor Permit you issued and faxed to us today. The construction for the timber pile bulkhead at 101 Harbor Island Drive in Newport Beach is now complete. This project has been monitored by both Acie Chance, our Senior Structural Engineer (S.E. No. S-3352), and Larry Brenna, our Field Engineer, who were at the site several times each week during construction. In addition, critical points were inspected before they were backfilled, including the depth of pile excavation and the proper placement of piles and geofabric. On 9 September 1991, Mr. Brenna checked the piles and geofabric on the half of the wall near the bridge. He inspected and photographed the remaining section of wall and geofabric on 12 September 1991. Inspection of the final backfilling and checking of pile and geofabric placement was done by Mr. Chance on 17 September 1991. No construction activity occurred between 18 September and 22 October pending the receipt of soil anchors by the contractor. The first soil anchor was installed on 22 October 1991 and witnessed by Mr. Chance. Soil anchors were also installed on 24 October and 28 October, which completed their installation except for the connection of tie rods and the protective wrapping. The attached table (Sheet 1 of 1) shows the length of extensions used and the approximate torque obtained for all six anchors. 12755 BROOKHURST ST. • SUITE 203 • GARDEN GROVE, CA 92640 File No: L1121543 Page 2 The wrapping of the tie rods and PVC pipe sleeves was checked on 5 November 1991. All anchor adapters (soil anchors to tie rods) were wrapped with PVC tape. The wrap started before the connection and continued over the tie rod to the backside of the 1/4 x 6" plate. A PVC pipe sleeve was then placed around the tie rod and the junction between the adapter and the PVC pipe was taped. Also on the same date, the cable wrap (reduced from 3/4" to 1/2") and the 1/4 x 6 (reduced from 1/2" to 1/411) plate was also inspected. Both were found to be in accordance with the attached Field Change. The Material Certification for the treatment of the timber piles is also attached. The piles were treated in accordance with AWPA C-3 and C-18 to 20 lbs. per cubic foot retention of preservative. In summary, we have found this job to be completed in accordance with approved plans and specifications issued by our firm. Yours very truly, RICHARD K. SHOGREN & A Richard K. Shogren, P. Principal APC:MSY:my att: Field Change, dated 11/20/91 Certificate of Quality, dated 9/4/91 cc: (w/attachieents) B. Ellison. T. Ellison J. Slaughter X No. 25045 . Exp.12-31-93 OF CAL RICHARD K. SHOGREN & ASSOCIATES Consulting Civil Engineers CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY September 19, 1991 TO: David Harshbarger, Marine Director FROM: Robert H. Burnham SUBJ: Ellison Encroachment Permit I have completed the first draft of the Encroachment Permit for the property adjacent to 101 Harbor Island Drive. Please review and comment on the Encroachment Permit as soon as convenient. r fi Robert H. Burnham City Attorney RHB:kmc Attachment This Encr 1991 for purpo Beach ("City"). ("Permittees") ENCROACHMENT PERMIT chment Permit, dated this day of , s of identification, issued by the City of Newport ;.o Thomas E. Ellison, Jr. and William J. Ellison s issued with reference to the following: A. Permittees are lessees of property commonly known as 101 Harbor Isl nd Drive. B. City is the owner of certain tide and submerged lands immediatel Iy adjacent to 101 Harbor Island Drive as depicted in Exhibit "A'; , legally described in Exhibit "B" , and referred to as the "Permit Area." C. Permittees; or their predecessors, have constructed a bulkhead along the shoreline of the Permit Area and have installed landscaping, a wood fence, a concrete driveway, and other improvements in the Permit Area and upland of the bulkhead. D. The-bulkhe d on City property has deteriorated to the point that it no longer insures the stability of the Permit Area and failure of the bulkhead could result in erosion of the Permit Area and consequent deposition of material in the channel beneath the Harbor Island Bridge, thereby affecting navigation, E. City has nc present intention of improving the Permit Area for use by members of the general public, but wishes to maintain the option to do so at any time using some or all of the improvements installed by Permittees before and after the effective ate of this Agreement. F. Permittees want to repair the bulkhead to insure the stability of their 1 asehold at 101 Harbor Island Drive and are willing to incur he costs of repair as well as the expense of maintaining the Permit Area without any right to control the Permit Are during a time certain and subject to the other conditions �of this Agreement. 1 NOW, THEREFORE, the parties agree as follows: 1. Scope of Permit. City grants Permittees the right to do the following in and adjacent to the Permit Area: (a) Repair and maintain a bulkhead in the alignment depicted on Exhibit "A"; (b) Install, maintain and use landscaping that, with the exception of the two mature trees present within the permit area, does not exceed three feet in height measured from grade as of the effective date; (c) Maintain and use the existing concrete driveway and the existing wood fence located on the southerly one-third of the Permit Area; and (d) Maintain a portion of the existing roofed patio adjacent to the structure at 101 Harbor Island Drive, provided no more of the structure shall encroach into the Permit Area than is shown on Exhibit "A." 2. Effective Date/Term. This Encroachment Agreement shall be effective on the date it is executed by the City Manager of the City of Newport Beach and shall continue for a period of one (1) year unless earlier terminated as provided in this Agreement. Permittees may apply for a new encroachment permit by submitting a Notice of Intention to Renew to the Marine Director within sixty (60) days of the expiration date.. 3. Fees/Compensation. (a) Permittees shall pay City a permit fee of $3, 500 on or before the effective date of this Permit. (b) Permittees shall, within days after the effective date of this Permit, submit plans for the repair and reconstruction of the bulkhead, as specified in Exhibit "A", commence the repair of the bulkhead consistent with, and within sixty (60) days after City approval of, the plans, and diligently pursue construction to completion, all in accordance with the approved plans. 4. Prohibition Against Transfer. Permittees shall not sell, sign, exchange, or otherwise transfer this Permit to any person or entity other than the Lessee of 101 Harbor Island Road. City's written consent shall be required prior to any transfer pursuant to this paragraph. Any purported transfer Od or attempt to transfer by Permittees shall render this Permit null and void. 5. Indemnification. 'Permittees shall defend, indemnify and hold harmless the City as well as its officers, agents and employees with respect to all claims or demands of any kind or nature arising out of, or in any way related, to this Permit or to the use or occupancy of the Permit Area. Permittees obligations, pursuant to this paragraph shall not apply to any claim or demand arising out of the fraudulent or willful misconduct, violation of law, or sole negligence of the City or its officers, employees, agents or representatives. 6. Insurance. Permittees shall, at Permittees' own cost and expense, procure and maintain during the term of this Permit, a broad form comprehensive coverage policy of public liability insurance issued by a company licensed by the State of California. The policy shall insure Permittees and the City against loss or liability in any way related to the use or occupancy of the Permit Area by the Permittees or any other person. The policy of insurance shall provide coverage in the following amounts: (a) One Million Dollars for injury to or death of one person; and, (b) Five Hundred Thousand Dollars for damage to or destruction of any real or personal property. Permittees shall provide a copy of required policies within ten (10) days after the effective date of this Permit and the policies shall contain a provision that it cannot be canceled for any reason unless ten (10) days' prior written notice of cancellation is given to City in the manner required for service of notice. 7. Termination. City shall have the right to terminate this Permit without cause by giving Permittees written notice of its intention to do so. The written notice shall specify the effective date of termination which shall be at least fifteen (15) days after the date on which notice was given. -8. Use of Property. Permittees shall use the Permit Area in strict compliance with the provisions of this Permit and any use of the. Permit Area other than as specified in paragraph 1 shall invalidate the Permit. 3 9. Notice. Any notice required to be given pursuant to this Permit shall be deemed given when and delivered to the person(s) specified below, or when deposited in the United States mail, first class postage prepaid, and addressed as follows: "City": Marine Director City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659-1768 "Permittees": Thomas E. Ellison, Jr. William J. Ellison 101 Harbor Island Newport Beach, CA 92_ IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. "CITY"• CITY OF NEWPORT BEACH A Municipal Corporation ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY kr/encroach.agt 4 By: City Manager "PERMITTEES": Bv: Thomas E. Ellison, Jr. By: William J. Ellison �'` ,�� /® � �. ��� �' - /1 .�' ��� t �� ` REED BY TH ACCEPTANCE '0 WHOM THIS `HE WRITTEN 4Y OTHER PUS JN UNLESS AN'. :ABLE WITH 'ERVISION A PUBLIC WO BEFORE ITS BE MADE F WITH LIG :;LAR WORK 1 AND FREE U `URE . IF TH _RWISE PROVI _IGHT HOUSES ',E OF THE PE UCT, INTERF LEY, PUBLIC 3'i E: FOR ALL RK HEREIN -P AND IN THE OFFICER, 0 !()RI K, PERMIT CLAIM. S PERMIT A AUTHORITY OVE SAID W TO IMMEDIA IN GOOD R CITY ENGI a^' 7' F R ! � d� a t iE•yy',,Y,, 4 rr °A' ��?, .n rl `{ L �'� * rl�k j xd" � LF � i ,,.,. �: A v r� � '_ ns- �' �' :' Q � o a zz'r4dsh1o� d ° �' 0 .b i N �-` _ � � AItMI�0i1� �'f�' ~.�~►v O R TQ � /sa.�uo D /os C' �• C PIP" 9,0,ICINITY SKETCH'AV '"""`"" NftWmRT ewe CALI A arse t:xApesstad n/� sit Dino/. afvicllY SawxiN7y�s ,� oirye9!/As beAow: Mtrw/ Low+w� Low Walmr. Albarwr✓n, ianpe o! tide oppoxi wotirlr /.0 siert. Naer6av' l�irss _ �, � �af+eb/ilrh d � thva sechor� a!' A�i�Ao►r't B�1!� . - Z r T!, Of - =r r V1 i 31) I! �. X& ^ �6 ' Ili .4/VO ?AiyP jj f EXis rI4 •y.9.2(3bre r54ANO c. N.4wA1. L Ham L2 7-7 ��✓B �•- A 6,V-ACO A.1 , 410 rGKN�A .L/[+llF ReV/SEA r �, N—w/-zoA?T 06 CN { ., qq Nb I 11 I�r ! 11 rq Rd�ld 1� 1 w��n 6 kkY'Ni ✓��� s�� �I"a 1, �;� af�F '�'�9�1�U it i ut�iya �l���pp�`"INh'V4VLi4,. I .j Assembly Bill No. 1422 CHAP'1174 'n- An act relating to tide and submerged 'sands in the City of Nev, ;)ort 11each, and in this connection repealing Chapter 494 of the StIOLItcs of 1919, Chapter 70 of the Statutes of 1927, Chapter 142 of the Statutes of 1929, Chapter 574 of the Statutes of 1929, Chapter 813 of the- Statutes of 1929. and Chapter 200 of the Statutes of 1931, and declar- ing the urgency thereof, to take effect immediately. (Approved by Covernor April 6.1978. Filed %4ith Secretary cf State April 7. ITS.) LEGISLATIVE COUNSEL'S Dici.sr A13 1422, Cordova. City of Ne-wport Beach: tide and suhnierged lands. Chapter 494 of the Statutes of 1919 grants to the City of N'c-,vport Beach all .tide and submerged lands that were within the city's boundaries on July 23, 1919, and bordered upon and were ir, front C, f - ,lie uplalid then owned by the city or such other upland as the CitV might have acquired after that date. Chapter 70 of the Statutes of 19271 grants tide and submerged lands bordering upon, in, and undo Newport Bay and not gTanted to the City of Newport Beach or the County of Orange prior to July 29, 1927, to the city. Both gr.i rits are in'! -t to the conditions that (1) the lands be used for a harbor subject ol related facilities, as specified, for the promotion or accor"I'lrId atif 11 of corninerce and navigation, (2) the lands may be loascd under I)v the City certain ci rc."I ills t;iricf'.S, (3) the harbor be inip, It,., and remain a public harbor, (4) no discrimination be permitted with respect to the harbor and r(-lated facilities, and (5) PL,.bl;c fishing rights be reserved. Chapter 813 of the Statutes of 1929 grants tl-'(, lands, submerged land-,,, and filled lands lying v.-ithin the comorat- I i- Pacific - 'I, lialits OF the city, bordoring,upon, in, and under tLi P ( -C OCca and not granted to the city or county prior to Au4ust 14, 1929, to th-- 6_�-'1), !ojbject to the identical conditions. Chapter .5,74 of the S'tute: of 1929 supersedes a grant to the county made byChapter .526 of 0— Statutes of 1919 and the grants to the city made by Chapter 49.1 (11' the Statutes of 1919 and Chaptc-r 70 of the Statutes of 1927 L,y- author- izing leases for 50, rather th.1n 25. years (Chapter 526, Statutes Cf 1919, however, was amended by Chapter 575, Statutes (,F 1929 1 provide for such 50-year period). Chapter 142 of Jill-- Statutes of and Chapter 200 of the Statutes of 1931 confirm the! line of ordin.ir). high tide in various parts of Newport BaY as Cst3blished in spec(+-W ! . judicial decrees, and Chapter 2(K) (1cclares that certainLln'lS above such hile cor)stitute Ii.,oural, accretion to dc:;.',,Owd 11,,Llnd.Ifld belong to and ,ri-apart thoreol This bill would r'epeal Al of the foregoing pro-, isions of Ch. 74 —2— and would grant in trust to the city.all tide and submerged lands, .hs?�'�i�n .ate' . ^-: �"�''. = whether filled or unfilled, bordering upon and under the Pacific . Ocean or Newport Bay, which were within the corporate limits of the city on July 25, 1919. This grant would be subject to conditions , similar to those to which the aforementioned grants of 1919,1927, and R - 1929 were subject and would also be subject to the following addition- al conditions: = r :..: -• . ,;:: _ (1) "The city would be required to use the lands'for specified recreational purposes and,,facilities and to preserve, maintain, -and enhance the landsintheir natural state. R (2). The city would be authorized to lease specified lots, as de- scribed, with rent therefor to be the fair market rental value of such ' lots as finished subdivided lots: _ (3) The city would be authorized to transfer. granted lands to the state acting through the State Lands Commission for lease to the _ Department of Fish and Game for an _ecological reserve or wildlife refuge, or both, and other compatible uses to be undertaken by the department. (4) The city would be required to establish a separate tidelands . trust fund and to manage and expend tidelands revenues in a speci- fied manner. (5) The city's compliance with the terms of'the grant would be subject to review by the State Lands Commission, and the grant would be subject to revocation under certain circumstances. (6) The city would be required to pay to the state all revenues received from the production of oil, gas, and other minerals derived from, or attributable to, specified real property. Whenever practica- ble, the city would be required to obtain mineral rights in certain real property. :- Further, the bill would require the city to establish a'city tideland .capital fund, intowhichrevenue from the lots mentioned in (2), above, would be required to be deposited. Such revenues would be available only for the acquisition of real property that will further the purposes of the trust created by the bill and only with the approval • of the commission. ' Further, the bill would release the lands consisting of the described lots?.mentioned in (2), above, from the public trust for commerce, navigation, and fisheries upon the city's acquiring or transferring other lands, as approved by the commission, that will further the purpose of the trust. The bill would also specify that the Legislature reserves the right to amend, modify, or revoke, in whole or in part tidelands and sub- merged lands granted and conveyed in trust pursuant to the bill, provided that the state would thereupon be required to assume all lawful transactions and obligations related to such lands. The bill would provide that neither appropriation is made nor obligation created for the reimbursement of the city for avy costs 9. ;ELT incurred by it pursuant to the bill. i. Ch. 74 The bill would take effect immediately as an urgency statute. The people of the State of California do enact as follows.- -portSECTION ,. re is her granted to the City of Ne 1. The the right, title, and interest of the State - - - Beach and its successors all of held by the state by virtue of its sovereignty in and to - - of California tidelands and submerged lands, whether filled - all that portion of the or unfilled, bordering upon and under the Pacific Ocean or Newport _ Bay in the.County of Orange, which were within the corporate limits of the City of Newport Beach, a municipal. corporation, on July 25, 1919; the same to be forever held by the city and its successors in trust for the uses and purposes and upon the following express conditions: " (a) That the lands shall be used by the city and its successors for in which there is a general statewide interest, as follows: _ purposes (1) For the establishment, improvement, and conduct of a public ' harbor; and for the construction, maintenance, and operation thereon of wharves, docks, piers, slips, quays, ways, and streets, and = other utilities, structures, and appliances necessary or convenient -for the promotion or accommodation of commerce and navigation. f'• , -•. (2) For the establishment, improvement, and conduct of public 'bathing beaches, public marinas, public aquatic playgrounds, and similar recreational facilities open to the general public; and for the construction, reconstruction, repair, maintenance, and operation of all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any such uses. (3) For the preservation, maintenance, and enhancement of the lands in their natural state and the reestablishment of the natural state of the lands so that they, may serve as ecological units for scientific study, as open space, and as environments which provide food and habitat for birds and marine life, and which favorably affect the scenery and climate of the area. (b) Except as otherwise provided in this section, the city or its successors shall not, at any time, grant, convey, give, or alienate the lands, or any part thereof, to any individual, firm, or corporation for any purposes whatever; except, that the city or its successors may grant franchises thereon for a period not exceeding 50 years for wharves and other public uses and purposes and may lease the lands, or any part thereof, fora period not exceeding 50 years for purposes consistent with the trust upon which the lands are held by the state and with the uses specified in this section. = (c) The lands shall be improved without expense to the state; provided, however, that nothing contained in this act shall preclude expenditures for the development of the lands for the purposes authorized by this act, by the state, or any board, agency, or commission thereof, or expenditures by the city of any funds received for such purpose from the state or any board, agency, or Ch. 74 — 4 — commission thereof. (d) In the management, conduct, operation, and control of the lands or any improvements, betterments, onstructures thereon, the city or its successors shall make no discrimination in rates, tolls, or charges for any use or service in connection therewith. - (e) The state shall have the right to use without charge any transportation, landing, or storage improvements, betterments, or structures -constructed upon the lands for any vessel or other watercraft or railroad owned or operated by the state. (f) There is hereby reserved to the people of the state the right to fish in the waters on the lands with the right of convenient access to the waters over the lands for such purpose, which rights shall be 'subject, however, to- such rules and regulations as are necessary for the accomplishment of the purposes specified_ in subdivision (a) of this section. . ... . (g) Notwithstanding any provision of this section to the contrary, the city may lease the lots located within Parcels A, B, and C described in Section 6 of this act for the purposes set forth in this section and for a period not to exceed 50 years. The consideration to be received by the city for such leases shall be the fair market rental value of such lots as finished subdivided lots with streets constructed and all utilities installed. The form of such leases and the range of .1 consideration to be received by the city shall be approved by the State Lands Commission prior to the issuance of any such lease. All money received by the city from such existing and future leases of such lots shall be deposited in the city tideland capital fund in , accordance with the provisions of this act. , (h) With the approval of .the State Lands Commission, the city may transfer portions of the lands granted by this act, or held pursuant to this act,_to the state acting by and through the State Lands Commission, for lease to the Department of Fish and Game for an ecological reserve or wildlife refuge, or both, and other compatible uses to be undertaken by the department; provided, however, that if at any time the Department of Fish and Game no longeruses such portions of the lands so transferred by the city to the state for such purposes, the lands so transferred shall revert to the city to be held pursuant to the provisions of this act. Upon approving such a transfer from the city to the state, the State Lands Commission shall lease the lands so transferred to the Department of Fish and Game. The public benefit shall be the sole considerat' in to be received by the State Lands Commission from the Department of Fish and Game for that lease. Any and all income received by the Department of Fish and Game from the lands so leased shall be used only in connection with the department's improvement and administration of the leased lands. . (i) The city shall establish a separate tidelands trust fund or funds in such manner as may be approved by the State Lands Commission, and the city shall deposit in the fund or funds all moneys received C s,• 'y12� �Q'r directly from, or indirectly attributable to, the granted tidelands in .�"(a?� ��`_+i—' -:. •� .'.-• .tip.=:�-''%� .. :3.:�..�..A.the city. In accordance with the provisions of this act, the city, acting either alone or jointly with another local or state agency, may use revenues accruing from or out of the use of the granted tidelands for any or all of the purposes set forth in this act. Such revenues may be } = deposited in one or more reseve funds for use in acco rrdance �tiith the terms and conditions set forth in this act. (k) As to the accumulation and expenditure of revenues for any single capital improvement on the granted lands invoking an amount in excess of two hundred fifty thousand dollars (S230,000) in the aggregate, the city shall file with the State Lands Commission a detailed description of such capital improvement not less than 90 days prior to the time of any disbursement therefor or in connection therewith. Within 90 days after the time of such filing, the State Lands Commission may determine and notify the city that such capital improvement is not in the statewide in and benefit or is not authorized by the provisions of subdivision 6) of this section. The State Lands Commission may request the opinion of the Attorney General on the matter; and, if it does so, a copy of such :.} opinion shall be delivered to the city with the notice of its d • ation In the event the State Lands Commission notifies the. etermin city that such capital improvement is not authorized, the city shall not disburse any revenue for or in connection with such capital improvement unless and until it is determined to be authorized by a final order or judgment of a court of competent jurisdiction. The city is authorized to bring suit against the state for the purpose of securing such an order or adjudication., which suit shall have priority over all other civil matters. Sersce of process shall be made upon the Executive Officer of the State Lands Commission and the Attorney General, and the Attorney General shall defend the state in such suit. If judgment be given against the state in such suit, no costs shall be recovered against it. (1) On June 30, 1978, and on June 30 of every third fiscal year thereafter, that portion of the city tideland trust revenues in excess of two hundred fifty thousand dollars (S250,000) remaining after deducting current and accrued operating costs and expenditures directly related to the operation or maintenance of tideland trust activities shall be deemed excess revenues. However, any funds deposited in a reserve fund for future capital expenditures or any funds used to retire bond issues for the improvement or operation of the granted lands shall not be deemed excess revenue. Capital improvements of the granted lands for purposes authorized by this act, including such,irnprovernents on lands transferred to the state pursuant to subdivision (h) of this section and paid for by the city, Ch. 74 - 6 — with subdivision (k) of this section. The excess revenue, as _ determined pursuant to this subdivision, shall be allocated as follows: - 85percent shall be transmitted to the State Treasurer for deposit in - the General Fund in the State Treasury, and 15 percent shall be retained by the city for deposit in the trust fund for use for any -purpose authorized by subdivision (j) of this section. :o:(m) At the request of the city, the State Lands Commission shall ' , grant an extension of time, not to exceed 30 calendar"days, for filing .• : any report or statement required by this act, which was not filed due ,,.' to mistake or inadvertence. ' (n) In the event that the city fails or refuses to file with the State Lands Commission any report, statement, or document required by any provision of this act, or any extension period granted pursuant to this act, or fails or refuses to carry out the terms of this act, the = Attorney General shall, upon the request of the State Lands Commission, bring such judicial proceedings for correction and enforcement as are appropriate and shall act to protect any - improvements to, or assets situated upon, the granted lands or f diverted therefrom The State Lands Commission shall notify the Chief Clerk of the Assembly and the Secretary of the Senate within 30 days'of the occurrence of such failure or refusal and of actions :`s•'..,:'.. . -- :''='': �.. _-. taken as a result thereof. ;' (o) The State Lands Commission shall, from time to time, recommend to the Legislature such amendments as it may deem necessary in the terms and conditions of this act. .-:(p) The State Lands Commission shall, from time to time, institute a formal inquiry to determine that the terms and conditions " of this act, and amendments thereto, have been complied with in good faith. , (q) On or before December 31 of each year, the,,,State Lands Commission shall report to the Chief Clerk of the Assembly and to the Secretary of the Senate the full details of any transaction or condition reported to the commission pursuant to this act which it deems in probable conflict with the requirements of this act or with any other provision of law. Upon request by resolution of either house of the Legislature, or upon formal request of the State Lands Commission made only after a noticed public hearing at which the city has been given an opportunity to express fully any disagreement with the commission's findings or to describe any extenuating circumstances causing the violation, the Attorney General shall bring an action in the Superior Court in the County of Orange to declare that the grant under which the city holds such tidelands and submerged lands is revoked for gross and willful violation of the provisions of this act or any other provision of lam- or to compel compliance with the requirements of this act and any other provision of law. :.(r) The city shall cause to be made and filed annually with the State Lands Division a detailed statement of receipts and .:- 95 180 expenditures by it of all rents, revenues, issues, and profits in any arising after the effective date of this act from the granted manner lands or any improvements, betterments, or. structures thereon. Game shall establish the funds (s) The Department of Fish and ad by subdivision (i) of this sectioof - �,- and make the deposits required shall prepare and file statements required by subdivision (r) this section as to any lands transferred to the state pursuant to subdivision of this section. = (t) The provisions of Chapter 2 (commencing with Section 6701) of Part 2 of Division.6 of the Public Resources Code shall be . of Section 6359 of the Public applicable to this section. The provisions Resources Code shall not be applicable to this section. Notwithstanding any other provision of this act, the city shall pay to the state all revenues received from the production of oil, g to the real property - Z. . and other minerals derived from or attributable a nd the real roperty acquired by described in Section 6 o f this act P the city pursuant to Section 2 of this act. Whenever practicable, the acquired city shall obtain the mineral rights in real property pursuant to Section 2 of this act. Beach shall establish a city tideland .. SEC. 2. The City of Newport fund one of the funds required by subdivision (i) of Section .=� capital as 1 of this act.. All money received by the city pursuant to the provisions shall be deposited in the of subdivision (g) of Section 1 of this act The may also deposit such other income from the lands fund_ city to the city in trust by this act as the city deems appropriate. granted All money in the fund shall be used by the city in conformity with ' the following terms and conditions: be only for the = . s (a) Expenditures from the fund may made acquisition of real property that will further the purposes of the trust for capital improvements for such purposes, created by this act and the to be constructed on such real property so acquired, and operation and maintenance thereof. - : (b) The city is authorized to make such acquisitions of real including, but not property by purchase, gift, or other conveyance, transfer of city -owned property held in a municipal limited to, the capacity to the trust created by this act. All such real property shall be held by the city in trust pursuant to the provisions of this act. (c) For purposes of this section, acquisitions of real property by lands administered by the the city for purposes of enhancing the Fish and Game pursuant to Chapter 415 of the Department of Statutes of 1515 shall be deemed to be in furtherance of the purposes of the trust created by this act. No expenditure or transfer pursuant to subdivision (e) (d) capital of this section may be made from the fund without the advance approval of the State Lands Commission. (e) The city may expend municipal, to acquire real propert}' for purposed specified in this section. The city may transfer amounts municipal funds for from the city tideland capital fund to reimburse such expenditures, together with an appropriate amount of interest on such funds advanced, if such expenditures of municipal funds are made after the effective date of this act and the State Lands m Comission gives advance approval of such a transaction. SEC. 3. The Legislature makes the following findings and determinations: (a) By Chapter 70 of the Statutes of 1927, as amended, the Legislature conveyed certain tide and submerged lands in trust to the City of Newport Beach for the purposes therein stated, primarily for the promotion and accommodation of commerce and navigation. '(b) Certain portions of such tide and submerged lands have been filled and reclaimed as a result of a plan of improvement of the granted tide and submerged lands, including the development of a harbor facility. Such portions are as described in Section 6 of this act and hereinafter are referred to as Parcels A, B, and C. . (c) Those portions of Parcels A, B, and C, as described in Section 6 of this act, which are shown as numbered lots on the Record of Survey recorded in Book 13, Page 42, and the Record of Survey recorded in Book 9, Pages 42 and 43, both in the office of the County Recorder of the County of Orange, together with those portion's of Parcel A, as described in Section 6 of this act, which are shown as numbered lots on the City Map of East Side Addition to Beacon Bay on file in the office of the City Engineer of the City of Newport Beach, being a relatively small portion of such granted tide and submerged lands, have been divided into lots and leased and are producing income to support the statutory trusts under which such tide and submerged lands are held by the city, and, except for the production of income to support such trusts, are no longer required or needed for the promotion of such trusts. (d) The lots located within Parcels A, B, and C, inclusive, having been filled and reclaimed, are no longer submerged or belt)w the mean high tide line and are no longer needed or required for purposes of navigation, commerce, and fisheries and are freed of the public trust for navigation, commerce, and fisheries, and may continue to be used for those purposes set forth in the existing leases and subleases of such lots, but shall continue to be held in trust by the City of Newport Beach subject to the other terms and provisions of this act and other laws applicable to the tide and submerged lands included in the grant to the city. Further, such lots shall be so held subject to the condition that the revenues derived from the leasing or administration of such tots shall be used as provided in this act. Nothing in this subdivision shall operate to terminate the public trust for navigation, commerce, and fisheries over those portions of Parcels A, B, and C which are streets and beaches of Newport Bay. The determination and finding set forth in this subdivision shall become effective as provided in Section 4 of this act. (e) The release of the lots within Parcels A, fi, and ;C, inclusive, from the public trust for commerce, navigation, and fisheries to the 95 240 W extent expressed in subdivision (d) of this section is in the best . interests of the people of the state. SEC. 4. The findings and determinations in Section 3 of this act . terminating the public trust for navigation, cortirnerce, and fisheries over the lots located within Parcels A, B, . and. C shall become effective upon the city's acquiring or transferring such parcels of real. property, pursuant to Section 2 of this act, as the State Lands Commission shall determine to be appropriate, taking into .'.consideration the size of the area a £fected by the termination, the trust purposes that can -',be accomplished by such acquisition or "transfer, and the value of the real property acquired or transferred and upon the recording of an appropriate document in the Office of. the County Recorder of the County of Orange reflecting the State 'Lands Commission's determination. ' SEC. 5. The lands granted pursuant to Section 1 of this act shall be held by the city subject to the express reservation and condition that the state may at any time in the future use the lands, or any portion thereof, for highway purposes without compensation to the city, its successors or assigns, or any person, firm, or public or private corporation claiming under it; except that, in the event improvements have been placed upon the property taken by the state for such purposes, compensati n shall be made to the person entitled thereto for the value of such person's interest in the improvements taken or the damages to such interest. The provisions of this section shall not be applicable to the lots located within Parcels A, B, and C. SEC. 6. The parcels of real property referred to in this act are prescribed as follows: . PARCEL A Beginning at Station No. 8 in the Line of Mean High Tide per judgment rendered in Case No. 20436, Superior" Court of California, County of Orange, recorded in Boo C 651, page 72 of Deeds, records of said Orange County, said Station No. 8 being at the easterly terminus of that certain course in said Line of Mean High Tide shown as "North 71" 54' 00' 'Vest, 1573.34 Feet" on a map of Tract No. 4003 recorded in Book 188, pages 13 through 19 of Miscellaneous Maps, records of said Orange County, said beginning being a 1'/2' iron pipe as shown on said map of Tract No. 4003; thence along said Line of Mean High Tide, -South 85° 40' 37' East, 606.01 feet to a point in a line parallel with and 100.00 feet easterly from the easterly line of Lot G as shown on a wrap filed in :.-ook 9, pages 42 and 43 of Record of Surveys, records of said Orange County; thence along said parallel line South 160.46 feet to a point in the Ordinary High Tide Line per judgment rendered in Case No. 24026, Superior Court of California, County of Orange, recorded in Book 199, page 275 of Official Records of said Orange County, said point being the True Point of Beginning of this description; thence along said Ordinary High Tide Line the following courses: North 8T 30' 00' "lest, 297.66 feet to an angle point 95 Z70 Ch. 74. —10 — 00z therein; thence South 84° 00' 00' tiVest, 160.00 feeti thence South 57' 00' 00' West, 100.00 feet; thence South 32° 52' 00' East, 243.24 feet to a line -that is parallel with and distant 28.00 feet northerly, measured at right -angles, from the .US. -Bulkhead Line, as show, on U.S. Engineer's Map of Harbor Lines of Newport Bay, dated March 20, 1936, and approved April 28, 1936; thence leaving said Ordinary High 'ride (' � :. ` .. Line and along said parallel line East, 148.00 feet to the southeasterly corner of Lot 19- as shown on a map filed in Book 9, pages 42 and 43 of Record of Surveys, records of said Orange County; thence along the - ,: easterly line of said Lot 19 North 100.00 feet; thence East=40.00 feet; thence South 100.00 feet; thence East 198.10 feet to a line parallel with and distant 20.00 feet westerly, measured at-right angles from that certain course and southerly prolongation thereof, recited as, "South,-160.46 feet"; thence along said parallel line North 132.00 feet; thence East 20.00 feet; thence North 104.64 feet to the True Point of Beginning of this description. ,.Containing 2.694 acres, more or less. '. PARCEL B .:,Beginning at U.S. Bulkhead Station No. 200 as shown on map entitled "Harbor Lines, Newport Bay Harbor, California," Sheet 1 of 2 of File Map No. 958, dated March 20, 1936, and approved April 28, 1936, and on file in the office of the U.S. Engineer, Los Angeles, California, also being on the Ordinary High Tide Line per judgment rendered in Case No. 24026, Superior Court of California, County of - Orange,- recorded in Book 199, page 275 of Official Records of said Orange County, said beginning being a 2' iron pipe as shown on a map of Tract 3867, recorded in Book 301, pages 40 through 46 of Miscellaneous Maps, records of said Orange County; thence along said Ordinary High Tide Line as described in said Book 199 page 275 of Official Records, North 39' 4$' 00` West, ('1 36.44 feet to a point line that is parallel with and distant 28.00 feet -northerly, measured at right angles, from the U.S. Bulkhead Lime as shown on said U.S. Engineer's Map, said point also being the True Point of Beginning of this description; thence continuing :. along said Ordinary High Tide Line,North 39' 48' UO' liJest, - 432.17 feet,; thence leaving said Ordinary High Tide Line, South 56' 56' 29' West, 32.24 feet to a point in a nontangent curve, concave northwesterly and having a radius of 171.63 feet a radial line of said curve from said point bears North 67' 48' 00' West; thence southerly and southwesterly along said curve 70 feet through a central angle of 25' 34' 20' to a point of nontangency with aline that is parallel with and distant 105.32 feet southwesterly; measured at right angles, from that certain course recited above; as ":Korth 39' 48' 00' West, 432.17 feet"; thence along said parallel line, South 30' 48' 00' East, 328.27 feet to said line described T ' above as being parallel with and distant 2,S.00 feet northerly, measured at right angles, from the U.S. Bulkhead tine t as shown on said U.S. Engineer's Map; thence along said parallel line, East, 137.09 feet to the True Point of Beginning of this description. 11 — Ch. 74 Containing 0.925 acre, more or less. ' ;,.3 .._.. > :....,. PARCEL C200 as shown on map eginning at U.S. Bulkhead Station` No•ifo nia Sh et 1 of entitled -Harbor Lines, Newport Bay Harbor,• 2 of File Map No. 958, dated March 20, 1936, and approved April 28, Weer, Los Angeles, r t _ 1936, and on file in the office of the U S. Engineer, x California, also being on the Ordinary High Tide Line per judgment ".' : •: rendered on Case No. 24026, Superior Court of California, County of Orange, recorded in Book 199, page 275 of Official Records of said _ - Orange County, said beginning being a 2' iron .pipe as shown on a rded in Book 301, pages map of Tract No 3367, reco40 through 46 of Miscellaneous Maps, records of said Orange County; then along 7 r' = said Ordinary High Tide Line as described in said Book 199, page ' of OfficialRecords, North 3T 48' 00West, 539.22 feet" to the True Point of Beginning of this description; thence continuing North 39' est along the 4S' 00" West, 146.59 feet; thenceSouth ocertain course described in said southwesterly prolongation of Case No. 24026 as "North 23' ST 30' East, 138.90 feet" a distance of 126.34 feet to a line that is parallel with and distant 113.32 feet southwesterly, measured at right angles, from that certain course recited above as "North 39° 48' 00' West, 146.59 feet"; thence along said parallel line, South 3T 48' 00' East, 137.64 feet to a point in a nontangent curve, concave northwesterly and having a radius of 131.63 feet, said -curve being concentric with and 40.00 feet northwesterly, measured radially, from that certain curve described in Parcel B above as having a radius of 171.63 feet, a radial line of said =`•-;;oint bears North 39' 28' 52' West; thence curve from said p northeasterly and northerly along said curve 74.56 feet through a central angle of 32' 27' 23% thence tangent to said curve, North IT 03' 45" East, 5027 feet to the True Point of Beginning of this description. Containing 0.387 acre, more or less. SEC. 7. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. SEC. 8" Chapter 494 of the Statutes of 1919 is repealed" SEC. 9. Chapter 70 of the Statutes of 1927 is repealed. s repealed - SEC. 10. Chapter 142 of the Statutes of 1929 i SEC. 11. Chapter 574 of the Statutes of 1929 is repealed. SEC. 12. Chapter 813 of the Statutes of 1929 is repealed repealed.. 13. Chapter 200 of the Statutes of 1931 is act, nor any is SEC. 14. No appropriation is made by this act, nor obligation created thereby uudof the Revenue ement of ttion2231 e City of Ne hport Beach Taxation Code, for the reirnb for any costs that may be incurred by it in carrying on any program or performing any service required to be carried on or performed by '��i^�-�w��l � j^1. yr. " `�(;Y�j: ...by .Z �,�:q.�•,�-•�' 320 .. Ch. 74 —12 — - it by this act. SEC. 15. The Legislature reserves the right to amend, modify, o revoke, in whole or in part, the tidelands and submerged land granted and conveyed in trust pursuant to this act; provided, that th, state shall thereupon assume and be bound by all lawful transaction and obligations related to such lands entered into or created by the city during its holding of such lands. F SEC. 16. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety withir the meaning-. of Article IV of the Constitution and shallintc go immediate effect. The facts constituting such necessity are: In order that certain restrictions pertaining to certain parcel_ _ subject to this act may be removed as soon as possible, therebl. providing for a more equitable return to the City of Newport Beach _ = from its tidelands and assuring the proper use of such revenue by the city, it is necessary that this act take effect immediately. J 9.5 3' ) CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 July 8, 1995 Mariners Escrow Corp. 190 Newport Center Drive, Suite 250 Newport Beach, Ca. 92660 Re: Harbor Permit 013 5 - 0101-1 for 101 Harbor Island Drive, Newport Beach. Sirs:. The City of Newport Beach Marine Department has received a request to transfer pier permit 0101-0101-1 for the property located at 101 Harbor, Newport Beach, CA. The facility was inspected on July 6, 1995. We cannot transfer the pier permit until the following deficiency has/have been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. A City -approved anti -syphon device is required at the water connection for the water supply to the pier and float. A sketch showing the approved type of device and its installation is enclosed. The device presently on the water service is no longer an approved backflow prevention device. This requirement is in accordance with Title 17 of the California Administrative Code. It is recommended ,but not required, that the electrical conduit along the fascia on the inside of slip be relocated under dock to prevent damage from being struck by boats using slip. The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City' s minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE BEEN CORRE se call 644-3044 to request a re -inspection. Wes d Harbor Inspector 3300 Newport Boulevard, Newport Beach •pwaw MARINERS —L- r4 190 Newport Center Drive, Suite 0 Newport Beach, California 9266660 Ifn) ESCROW CORPORATION Newport Beach, California 92652658 Phone (714) 640-6040 Fax (7141 721-8157 NiRi� City of Newport Beach/Marine Dept. Date: June 19, 1995 P.O. Box 1768 Escrow No. 11090JG Newport Beach, CA 92659-1768 Subject Property Address: 101 Harbor Island Road Newport Beach, CA 92660 Attn: Wes Armand Re: Pier Inspection Request In connection with the above numbered escrow, the following items are herewith enclosed: Our check in the amount of $300.00, prepayment for Pier Inspection Please do not hesitate to contact the undersigned if you have any questions in regards to this matter. r"� Si ely urs, Ju+lie Gardner/Pamela Ward Certified Escrow Officer/Asst. Cl T Y of NCW,,ao.Pr BEACH W + r arve.4 //T'•s7' � a +JEST �►T1` b S TQ 0 IwcQOA D t+'' 7 -., 77 4, �Q45T. MUG LINE,, O a a 4 ce. • V I Lr I AJI 1! SKETCH writ JF7Tr � Cwsr NswMowr DAY, C.at+FoaHjAIre A i`� SourfdinQs ore• trpiess�d /� {eel and denote G� dap>shs be/vry til�orf �asver Cow Wo��r. �tiloxr.,.r�s ��a9 �� range o{ r'id� opprox/�nO�e1y �o�re� Horoor /,i/es �°� �6 -ore eafob//'shod /r, �h:S ,sccf/oq of'/5/e�✓p�o.a% Bar eL s�. 64- IZT\,4 140 40 H' Ar rz g O R l 5' L A N t7 G H A g NE. L C-'iG Pog'nON ON W,W-14,/ SLwGTl4N 3$, T•<aS/ MIR Me4. "�k5 M.' elw,SoN R.lOW, M, k(4O W-NZV>J. RS ; ,oTc W SST SIDE h !'pl'TTQ).J I �l4tdp Z+b , ur/ o� N , iac+i -�aB A�02E55 1611 EIAI:�dR i�,Ar�� ROAD COA.-rArACra.4 70"SEC OA7-e 5.6c' 61 '- » L4= CLIENT L� S r� JOB NO. RICHARD K. SHOGREN & ASSOCIATES .�, M ��;-C' ��,t,,�,�, Consulting. Civil Engineers PROJECT r 12755 Brookhurst St. #203 k !'\ �Z- ' % ✓�� Garden Grove, GA 92640 ENGR � �-� DATE CK DATE (714)636-1620 2C.OP(p P7 oz. t �k 1; L A, t J Ex6VO CURds)VIME- I I . IT Z T� r "r AT ThM W'Ni:�vss rN' "'4's or TNX eEACH vi"D ANY SPEZSAL IS M OT TR W! y. iQ:+a:O h, i PIT Or, THE C:-i,%, RIQ14TS AND THIS rouNclk M ACCORDAM.',Z' W;Ton URIC AL CITY IiON 4, "'�!/'�tsk' , t "."J PartA-, Works Department, 7/19/91:This Harbor permit is conditioned to the effect that the property owner built these improvements for his sole benefit, and as such, they shall be maintained: by the property owner at his sole expense. The Cityof Newport Beach has rights to effect maintenance if owner neglects to do so, and to assess costs for such maintenance against owner's property. S I �sf. /✓aqD anAA: r �a�1r 9 gat / /�aoD Plads c,eEfsa/Av) 1 �q F-£x/sC%/oce—f a4laL% AWi4" plaw.066APAWID tdGEL /a0' CDV1Xadii2 ANACt, eG ,PEShYWd/BLE SNAG LAY a � R12 A',EG�A'Alb AlLIA''A11AV oFEt/51/VG ® , � fdc6t.A0.4 � � •r S4/ &A ACID /A/SflILM W OFAIW � o C,• \�� AWAI4 NI A"AFf9 "AfAll (CAW A99k5 D ! 5 --I"AAW,m SAW GA/ )W AN6. Bx PAIGRA:IAQ'AIACL AGf,O Bl: /{E�117�3t rEFSR7faA6LE !dt AEA40L/AOA/ AIdD 3'�PbO�A?A1£D 1 Ca St LAW—$ itfHDY4d GF'LA�(GPl1EA�1/DA O mw4a (Z% DCQPrS.tf�44E oifX/yNG 1ca�E) , • �i.'�" - o-o ' P/LEs AW A6011 AW X RW t. ®.' �}• f USG, 0 m i � .lo �/\y /9 !0 6 •� h a+-� S An.t a e� M V `f,NSi�IMP Dx �P"Aff CdV6rs O f x� OAAO x DomI,e���.;�- .,1, c•N s4 zi s' This Encroachment permit, dated this , day of �-W�r 199L-for purposes of identification, is*ued. by the city ofew Beach ("City's) to Thomas E. Ellison, Tr. and William j. Fillison ("Permittees") is issued with reference to the following; A. Permittees are lessees of property commonly known OILS 101 Harbor Island Drive, S. City is the owner of certain tide and submerged lanais immediately adjabent to 101 Harbor Island Drive as depiolted in Exhibit "AvF, legally described in Exhibit "B", and referred to as the "Permit Area," C. Permittees, or their predecessors, have constructed a bulkhead along the sh.orelihe of the Permit. Area and haire i.nsitalled landscaping, a wood fance, in concrete driveway, and rather improvements in the Permit Area and upland of the bulkhead. D. The bulkhead on City property has deteriorated to the paint that it no longer insures the stability of than Permit Aripa and failure of the bulkhead court result in erosion of the Permit Area and consequent deposition of material in the thannel beneath the Harbor Island Bridge, thereby affacting navigation. E. City has no present intention of improving the Permit Aviaa for use by members of the general public, but wishes to ma!iLlntain the option to do so at any time using some or all ci!f the improvements installed by Permittees before and afteir the effective date of this Agreement. F. Permittees want to repair the bulkhead to insure the stability of their leasehold at 101 Harbor Island Drive and are wA.11 ing to incur the costs of repair as well as the expenise of maintaining the Permit Area without any right to contr+!;ill the Permit Area during a time certain and subject to the other conditions of this Agreement. 1 �:F�'d 9S►�Sr.'a.:t•TL 1d3Q 3NI?aHW N.^res .an+��o ra•n -.... r — --- NOW, `WHEREFORE, the parties agree as follows: 1. Scone of permit. city grants Permittees the right to do the following in and adjacent to the hermit Area: (a) Repair and maintain a bulkhead in the alignment depicted on Exhibit ItAll ; (b) install, maintain and use landscaping that, wi,V�h the exception of ' the two mature trees present, With,Ln the permit area, does not exceed three feet in ;height measured from grade as of the effective date) (c) Maintain and use the existing concrete driveway and the existing wood fence located on the southerly cane -third of the Permit Area; and (d) Maintain a portion of the existing roofed patio adjacent to the structure at 101 Harbor Island Drive, provided no more of the structure shall encroach into the Perrait Area than is shown on Exhibit ,A," 2. E119ctiye Pate/Term. This Encrdachrent Agreement shiiill be effective on the date it is executed by the City ManaoijTer of the city of Newpdrt Beach and shall continue for a period of one (1) year unless earlier terminated as provided hilt this Agreement. Permittees may apply for a new encroachment apermit by submitting a Notice of Tntention to Renew to the :karins Director within sixty (60) days of the expiration date, 3. Fq- gs/Compensat d . (a) Permittees shall pay City a permit fee of $3,500 on or before the effective date of this Permit. (b) permittees shall, within days after the effgyctive date of this .Permit, submit plans for L.-he j� pa.ij 11C1 reconstruction of the bulkhead, as specified. in Ealchibit "Aly , , commence the repair of the bulkhead consistent with, and within sixty (60) days after City approval o.V", the plans, and diligently pursue construction to compL�i►_tion, all in accordance with the approved plans. 4. Proh_i.bition AgAIDRt Transfer. Permittees shall not sell, sign, exchange, or otherwise transfer this Permit to any person or entity other than the Lessee of 101 harbor .��slatzd Road. city,s written consent shall be required prior t.o any transfer pursuant to this paragraph. Any purported trainsfer 2 Or attempt to transfer by Permittees ahail, render this Permit null and void. 5. ; 1401a fic tio�. Permittees shall defend., indemnify a:nd hold harmless the City as well as its officers, ageiv,Cs and employees with respect to all claims ar demands of any kind or nature arising out of, or in any way related, to this Permit or to the use or occupancy of the Permit Area. peruiittees obligations pursuant to this paragraph shall not ,apply to any claim or demand arising out of the fraudulent or t,,rillful misconduct, violation of law, or sole negligence of tl!!e City or its officers, employees, agents or repreaentativ,es,. s Ins-urancQ. Permittees shall, at Parmittees 1 own co�lrbt and expense, proQure and maintain, during the term of this Vermit, a broad farm comprehensive coverage policy of public liaoibility in,suranc,e .issued by a company licensed by the Stjto of California. This .Policy shall insure Permi.ttees and the city against loss or ljabii ity in any way related to the ase or Occupancy of the Permit Area by the Permittees or any other person. The policy of insurance shall prQvide coverage in the f011owing amounts; (a) One Million Dollars for injury to or death of one p,!srson and, (b) Five Hundred Thousand Dollars for damage i!!!o or destruction of any real or personal, property. Permi,ttees shall ProvidO a copy of required policies within ten (10).days after the effective date Of this Permit and the Policies shall Contain a provision that it cannot bo caraaeled for any reason unless ten (10) days, prior written not:' of aanc!ell.ation is given to City in the manner required for service Cf notice. �. err rtat ©ri. City shall have the right to terminate this Permit withOut cause by. giving Permitte.es written noti.ce of its intention to do so. The written notice shall specitly the effective date of termination which shall be at least fj.fteen (15) days after the date on which notice was given. 8. L'se of Proper&.... Per -mittens shall use the Permit Arupa in strict campliance.with the provisions of this Permit arpi any use Of the Permit Area other than as specified in paragraph 1 shall invalidate the Permit. 3 /35 v CITY OF N HARBOF IT PER-MISSSON IS klEFTIF8Y 77, MAINTAIN THE F.ACIL.7"Y SP" F7 i , 54"-V�-,'RSE' AT THE StTE i+jVf THE HARDOR ANY S;rC!AL IS NOT THE CITY Iii-laIRson, RIGHTS G.'VE'N' 38r4C'E AND TC-IIS PERMIT MAY IDY ''PIE CiTy .-;C; APr-.0 "�AN C E WiTel T i'i t 7�7 MR SPECIAL CqDND,,,!-,In com-s of cp C9 / . � '-"P P c-, 1, ),p I Lo. consulting Civil Engineers 12755 Brookhurst St. #203 Garden Grove, CA 92640 ENGR DATE CK DATE (714) 636-1620 SHEET NO.--[- OF & Jre V w r- 4 7 IL MP Z4. 4". 1 0 RAW 5-1 L A... �_ rt ,rXle,4. e. 0 ",W)AA VIM&Vr— & c"WISSION. AMC ioti;f':Is�i3'/5�1 "Fca" 4ti.: ',. • ;•;.` ;.a.�r. ,. '..id u:':.. ., r,;r:i*'1 AT THE W T`h r::_ .. z ...:'s. ,• .i. .."r k . e,: , +'� &'i, '�!� O! THE H AC: OARI, P:J'.,;,,s IT 140T 7[aan." t'�'N ;i , .Ex tA''".`.':"rY. t:i�! ', HT is THE CC 1' �, a ?�,::� � "t �„.� C11 Y THU RIG14TS GkVr—:'° @.t;C« i ';ti4 t . �v7h4a�' ;"211%. P i:4;i:<i ::'!;IVE ONLY AND T141£ MAV... .. ',``a$.'r;&:i� .'.:�' i'!e'.W ti:;V COUNCIL IN ACCI)Rof,wOC; '4'i,9—.m ?1'1La 17 k:.. 412 E- ngir*o a Pert E...C-it"Public Works Department, 7/19/91:This Harbor permit is conditioned to the effect that the property owner built these, improvements for his sole benefit, and as such, they shall be maintained by the property owner at his sole expense. The Cityof Newport Beach has rights to effect maintenance if owner neglects to do so, and to assess costs for such maintenance against owner's property. Cam/ t„ Cl r Y' fi 00 ;_ wtwiorr 4t r _ o Q �{ 'T� . 64ayoA 4 D "� etsowid � ea*: � !33 M.l.,t ya• '9 C'� � � _ dot ,. �" t •oe � . . �a • - Cyr, �, ta�•+�K lopc g^4iN VICINITY SkETCH wsr, vv, , i n hPaswrowr DAY CAL iipAA41A } • J�'arry i ran Me / o4F low p CO07 �n �so,r rsad donor � d/3+ e s be/ow tiieofJ Lo.v�,rr Low WoVI+er. �d✓9oxe�.ewre.-7 esiobJi'3h�r�t�+,se1�an of_Nsiv.f I � � • 1_ Ne i I � off,,. CITY OF NEWPORT BEACH HARBOR PERP IT PERMISSION IS HERFE-V TC Aw.. MA4NTA3?1 TH'i F,�4CILI'71'v Vi-Zpmov AT THE SETE:, THE ANY I OT AND Tlzlt-�c VlL',.',i,',2&',l' tv`,P'V 1�1.11.1. ill--7a. c';1", CrD`U%riw-d IN ACCORDANCE Wilpi 1WILE I �,r/a -et-,E c,ffy-rAM1B5k SPECIAL CGrPs 04 En4gineers Perwhit PERMIT NO. DATE Orange County Permit Other. AUTHORIZED BY CITY COUNCIL 31. NEWPORT BRY P20.JL:C7" -�W _ S/T L" Ir'l-, CITY OF NEWPORT BEACH CITY OF NEWPORT BERCH BEST � R � "RCIFIC OCC F �N YICINITY MAP IEWW BRY, CFLIFWaR 7' /0, S PROFILE V = 10' SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. iC) �� 1 l37.(c3 >i� ,o120Y��SCD C01VC, 2L PL/-JCL-A//L:,1T FFLA-"t' � I i?5 6 PLAN VIEN 1' = 40' LAPPLICANT' S NAME KC�/r�I� I LI 57/207 &1,4N i JOB ADDRESS /0/ I-IAPSOIz lS , b2 , I DATE 3.6.96 I his g , i cat Any notice required to be given pursuant t! o this �rmit shall be deemed given where and delivered ptrson(s) specified b low, or when deposited in the United states mail, first class postage prepaid., and addrecilsed as follows: marine Director City of Newport Beach 3300 Newport BOU10vard P.O. Box 1768 Newport Beach, CA 92659-1768 "Pexmitteesf4t; Thomas E. Ellison, jr. William '7' Vilison jol Harbor Island Newport Beach, CA IN WITNESS WHEREOFr the parties have caused this Agrea:ljient to be executed on, the day and year first written above. ,,CITY": CITY OF NEwPORT BEACH A Municipal Corporation ATTEST 40 APRIROVED AS TO FOPIM! CITY ATTORNEY krtencreach.e9t 4 By • City Manager yip �.az silo By. ` poma E. 1G 115G�Vr� j Q William J. Ell on' r CITY OF NEWPORT BEACH OFFICE -OF THE CITY ATTORNEY September 19, 1991 TO: David Harshbarger, Marine Director FROM: Robert H. Burnham SUBJ: Ellison Encroachment Permit I have completed the first draft of the Encroachment Permit for the property adjacent to 101 Harbor Island Drive. Please review and comment on the Encroachment Permit as soon as convenient. Robert H. Burnham City Attorney RHB:kmc Attachment e CITY OF NEWPORT BEACH 12/13/91 TO; ELLISON HARBOR PERMIT FILE 135-101 Encroachment permit FROM: Marine Director SUBJECT: ENCROACHMENT PERMIT EVALUATION METHOD The area of the encroachment was measured at 2273 sq. ft. The encroaching area is over filled tidelands adjacent to the property at 101 Harbor Island Drive, that is covered by one of the Beacon Bay private party leases with the City of Newport Beach. The encroaching area is improved with landscaping, a wooden retaining wall, fencing and some concrete patio areas. For the purpose of an annual Encroachment Permit,the City placed an arbitrary value of $100 a square foot on the area covered by,the Encroachment Permit. $100 x 2273 sq. ft = $227,300. This value is discounted at 62 1/2%, similar to the market value reduction that was used by the County on Harbor Island. The resulting value of the property then is 38.1/2 % x 2273 sq.ft. = $87,510. The rate of return to the value of the property was 4%, a rental rate similar to that used in Beacon Bay. 4% x $87,510 = $3500. This $3500 figure is the annual figure that the City of Newport Beach and Mr. Ellison have agreed to for the Encroachment Permit dated the first day of January, 1992. David Harshbarger RICHARD K. SHOGREN & ASSOCIATES Consulting Civil Engineers (714) 636-1620 27 December 1991 CITY OF NEWPORT BEACH Public Werks Dept. 3300 Newport Blvd. Newport Beach, CA 92663 Attn: Pat Dunigan Re: BULKHEAD REPAIR AT 101 HARBOR ISLAND DRIVE Dear Mr. Dunigan: F ile No: L1227543 In response to the concerns you voiced in your telecon of 6 December 1991, we offer the following: 1. The waler is down 3 ft. instead of the 2 ft. shown on the plans. Although Section A on our Drawing S-1 shows the plate at 2 ft. below the top of the pile, the strap for the tieback varies between 2 - 3 ft. from the top of the piles. The piles were delivered to the site in lengths between 14 - 15 ft. and, in order to keep the new wall close to the old wall in appearance (as required per agreement. between the Owner and the City), the tops of the piles were staggered. Note that the grade on the land side of the wall also varies between 3" - 12" from the top of the piles. This provides the 2 ft. of soil over the tiebacks as specified in our calr_ulati oa:�- (Page 2). In our opinion, the wall is built as designed with only a small change in appearance which does not affect the integrity of the structure. 2. Certainty that filter cloth was not put on the outside of the wall. On 6 December 1991, Bob Troncoso (one of our associates) and I dug 2 test pits to check for the presence of filter cloth on the bay side of the wall. One pit was dug 22 ft. perpendicular from the face of the wall and was 30 ft. from the east end of the wall. The other was approximately 7 ft. perpendicular from the face of the wall and 30 ft. west of the first pit. Geofabric was found in both pits at 2 ft. 12755 BROOKHURST ST. • SUITE 203 0 GARDEN GROVE, CA 92640 File No: L1227543 Page 2 below the sandline. In addition, our visual inspection of the entire wall showed that the ends of the geofabric were exposed 1/2" next to the piles at several locations. While no one from this office actually witnessed the installation of the geofabric, we are very certain, after this on -site inspection, that it is in place according to our plans. 3. The Dywidag rods have not been trimmed to the specified 3/41'. At the time of your inspection, the tiebars did extend beyond the Dywidag nuts. Because the original contractor was not able to perform this task, a second contractor was engaged who cut the tieback bars on 17 December 1991. He then,painted the exposed bars and nuts .with? a ".ZRC" coati ng per our corrosi ,n P-1-otection nota on Drawing C-1. It is our opinion that the construction of the'bulkhead has been completed per our plans and specifications and in accordance with applicable codes and regulations. We now consider this project complete and ready for final approval by the City. Yours very truly, RICHARD K. SHOGREN & ASSOCIATES Acie P. Chance, S.E. Senior Structural Engineer APC:my cc: B. Ellison T. Ellison T. Melum - Marine Dept. 1. y LLI 5 3352�' Exp. 6/30/94 CT RICHARD K. SHOGREN & ASSOCIATES Consulting Civil Engineers TO: FROM: SUBJ: CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM December 19, 1991 David Harshbarger, Marine Director Robert H. Burnham 101 Harbor Island / Encroachment Permit The Encroachment Permit signed by William and Thomas Ellison has two blanks. First, we should insert the last three numbers of their zip code. Second, and more important, the Agreement requires the Permittees to submit plans for the repair and reconstruction of the bulkhead within a specified period after the effective date of the Permit. Please talk to the Permittees, determine a reasonable period of time for submittal to the plans, fill in the date on page 2, and confirm the addition through correspondence with the Permittees. xonerr m. burnnam City Attorney RHB:kmc CITY OF NEWPORT BEACH Marine Department December 13, 1991 TO: FINANCE DIRECTOR FROM: Marine Director SUBJECT: BILLING FOR ENCROACHMENT PERMIT Attached is an- Encroachment Permit for 101 Harbor Island Drive. This permit should be billed to the permittee annually at $3500 per year. After you have had a chance to review the permit, please call me and we can figure out how to bill this so it won't be lost in the shuffle. It should either be attached and billed when we bill the leases for that address, or perhaps a separate system will be necessary. Dave Harshbarger Marine Director CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 10/28/91 TO: Mr. Ellison FROM: Newport Beach Marine Department 12/2/91 Another copy sent to FAX no.213-225-8534 3300 Newport Boulevard, Newport Beach ENCROACHMENT PERMIT This Encroachment Permit, dated this 1991 for purposes of identification, issued by Beach ("City") to Thomas E. Ellison, Jr. and ("Permittees") is issued with reference to the day of the City of William J. following: Newport Ellison A. Permittees are lessees of property commonly known as 101 Harbor Island Drive. B. City is the owner of certain tide and submerged lands immediately adjacent to 101 Harbor Island Drive as depicted in Exhibit "A", legally described in Exhibit "B", and referred to as the "Permit Area." C. Permittees, or their predecessors, have constructed a bulkhead along the shoreline of the Permit Area and have installed landscaping, a wood fence, a concrete driveway, and other improvements in the Permit Area and upland of the bulkhead. D. The bulkhead on City property has deteriorated to the point that it no longer insures the stability of the Permit Area and failure of the bulkhead could result in erosion of the Permit Area and consequent deposition of material in the channel beneath the Harbor Island Bridge, thereby affecting navigation. E. City has no present intention of improving the Permit Area for use by members of the general public, but wishes to maintain the option to do so at any time using some or all of the improvements installed by Permittees before and after the effective date of this Agreement. F. Permittees want to repair the bulkhead to insure the stability of their leasehold at 101 Harbor Island Drive and are willing to incur the costs of repair as well as the expense of maintaining the Permit Area without any right to control the Permit Area during a time certain and subject to the other conditions of this Agreement. 1 NOW, THEREFORE, the parties agree as follows: 1. Scope of Permit. City grants Permittees the right to do the following in and adjacent to the Permit Area: (a) Repair and maintain a bulkhead in the alignment depicted on Exhibit "A"; (b) Install, maintain and use landscaping that, with the exception of the two mature trees present within the permit area, does not exceed three feet in height measured from grade as of the effective date; (c) Maintain and use the existing concrete driveway and the existing wood fence located on the southerly one-third of the Permit Area; and (d) Maintain a portion of the existing roofed patio adjacent to the structure at 101 Harbor Island Drive, provided no more of the structure shall encroach into the Permit Area than is shown on Exhibit "A." 2. Effective Date/Term. This Encroachment Agreement shall be effective on the date it is executed by the City Manager of the City of Newport Beach and shall continue for a period of one (1) year unless earlier terminated as provided in this Agreement. Permittees may apply for a new encroachment permit by submitting a Notice of Intention to Renew to the Marine Director within sixty (60) days of the expiration date. 3. Fees Compensation. (a) Permittees shall pay City a permit fee of $3,500 on or before the effective date of this Permit. (b) Permittees shall, within days after the effective date of this Permit, submit plans for the repair and reconstruction of the bulkhead, as specified in Exhibit "A", commence the repair of the bulkhead consistent with, and within sixty (60) days after City approval of, the plans, and diligently pursue construction to completion, all in accordance with the approved plans. 4. Prohibition Against Transfer. Permittees shall not sell, sign, exchange, or otherwise transfer this Permit to any person or entity other than the Lessee of 101 Harbor Island Road. City's written consent shall be required prior to any transfer pursuant to this paragraph. Any purported transfer 2 or attempt to transfer by Permittees shall render this Permit null and void. 5. Indemnification. Permittees shall defend, indemnify and hold harmless the City as well as its officers, agents and employees with respect to all claims or demands of any kind or nature arising out of, or in any way related, to this Permit or to the use or occupancy of the Permit Area. Permittees obligations pursuant to this paragraph shall not apply to any claim or demand arising out of the fraudulent or willful misconduct, violation of law, or sole negligence of the City or its officers, employees, agents or representatives. 6. Insurance. Permittees shall, at Permittees' own cost and expense, procure and maintain during the term of this Permit, a broad form comprehensive coverage policy of public liability insurance issued by a company licensed by the State of California. The policy shall insure Permittees and the City against loss or liability in any way related to the use or occupancy of the Permit Area by the Permittees or any other person. The policy of insurance shall provide coverage in the following amounts: (a) One Million Dollars for injury to or death of one person; and, (b) Five Hundred Thousand Dollars for damage to or destruction of any real or personal property. Permittees shall provide a copy of required policies within ten (10) days after the effective date of this Permit and the policies shall contain a provision that it cannot be canceled for any reason unless ten (10) days' prior written notice of cancellation is given to City in the manner required for service of notice. 7. Termination. City shall have the right to terminate this Permit without cause by giving Permittees written notice of its intention to do so. The written notice shall specify the effective date of termination which shall be at least fifteen (15) days after the date on which notice was given. 8. Use of Property. Permittees shall use the Permit Area in strict compliance with the provisions of this Permit and any use of the Permit Area other than as specified in paragraph 1 shall invalidate the Permit. 3 9. Notice. Any notice required to be given pursuant to this Permit shall be deemed given when and delivered to the person(s) specified below, or when deposited in the United States mail, first class postage prepaid, and addressed as follows: "City": Marine Director City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659-1768 "Permittees": Thomas E. Ellison, Jr. William J. Ellison 101 Harbor Island Newport Beach, CA 92_ IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. "CITY": CITY OF NEWPORT BEACH A Municipal Corporation ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY kr/encroach.agt 4 By: City Manager "PERMITTEES": By: Thomas E. Ellison, Jr. By: William J. Ellison I ✓� I low �.It..� DIRECT DIAL NO. RICHARD K. SHOGREN, P.E. (213) 666-4606 Principal MARK G. ANCEL RICHARD K. SHOGREN G ASSOCIATES ATTORNEY AT LAW Consulting Civil & Structural Engineers STEPHENS,BERG, LASATER,SCHULMANSROGERS A PROFESSIONAL CORPORATION --- -- - - 626 WILSHIRE BOULEVARD, 11— FLOOR LOS ANGELES: CALIFORNIA 90017 12755 Brookhurst St., #203 TELEPHONE (213) 629-3111 Garden Grove, CA 92640 (714) 636-1620 TELECOPY (213) 624-4734 CITY OF NEWPORT BEACH Marine Department July 17, 1991 TO: BOB BURNHAM, CITY ATTORNEY FROM: Marine Director SUBJECT: ENCROACHMENT PERMIT FOR 101 HARBOR ISLAND ROAD Please prepare an Encroachment Permit for the area highlighted in yellow on Exhibit "C". The areas in question is landscaping consisting of lawn, shrubs, planters, a wooden fence and a concrete driveway. The landscaped portion is retained by vertical wooden pilings water -jetted into the sand in the intertidal zone. Attached as Exhibit "D" are photographs showing the partial landscaping and the retaining wall which is in a state of disrepair. Attached for additional information is Exhibit "A", a Beacon Bay lease entered into the first day of February, 1990 between the City of Newport Beach, and Thomas E. Ellison, Jr., and William J. Ellison, each as to a one-half undivided interest. Exhibit "B" is the City -issued Harbor Permit for 101 Harbor Island Road. , The Marine Department, with the concurrence of the City Manager's Office and the City Attorney's office believe that an Encroachment Permit should be issued to the Ellisons for the highlighted area shown on Exhibit "C". Mr. Thomas Ellison, Jr., has agreed to repair the retaining wall in like kind on the same line as well as maintain the beach profile on the bayward side of the retaining wall. The germit would be revokable upon 30 days notice by the City. The retaining wall helps protect the channel and navigation beneath the Harbor Island bridge by retaining material from sloughing into this narrow channel. In consideration for the Encroachment Permit and the use of public property administered by the City, the appliant(s) agree to pay the City the amount of $316.66 per month, billed annually at the rate of $3800 per year. The annual Encroachment Permit fee was based on the following considerations: 1. 2500 sq.ft. valued at $100 per sq. ft. = $250,000 2. Because the zone described by the Encroachment Permit cannot be used by anything other than landscaping, etc., the value was discounted by 62%, giving a remaining value of $95,000. The discount rate is consistent with what the County has offered on Harbor Island. 3. A rental rate return of 4% is applied to the $95,000, equalling the $3800 yearly fee. The 4% rental return is consistent with the Beacon Bay appraisal. The encroachment permit fee should possibly be re-evaluated at five to ten year intervals. Change of ownership in the lease parcel would trigger a re-evaluation of the Encroachment Permit at the time of transfer. Please call me if I can assist further in preparing the Encroachment Permit. David Harshbarger Marine Department CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY April 17, 1991 TO: ony Melum, Marine Dept. FROM: Robert H. Burnham SUBJ: Lease at 101 Harbor Island Road An amendment to the existing lease appears to be the best solution to the problem identified in your April 2, 1991 Memo. However, I need to know if the bulkhead is on, or upland from, the line of mean high tide. We also have to determine if the relatively recent voter approval of long term Beacon Bay leases can be construed to give the City authority to amend this lease to include more waterfront property. Once you have determined the location of the adjudicated mean high tide line, please call me so that we can arrange to meet with Ken Delino to discuss the best way to proceed. OWt H . Burnham ty Attorney RHB:kmc CITY OF NEWPORT BEACH Marine Department Aprill 2, 1991 TO: CITY ATTORNEY'S OFFICE FROM: Marine Department SUBJECT: LEASE AT 101 HARBOR ISLAND ROAD Bob, attached for your information is a copy of the renewed lease for the property at 101 Harbor Island Road. Also included are exhibits showing the lease boundaries as described in the lease, an aerial photograph showing the location of the property, and a copy of the City atlas showing the location of the proprty. As you can see from the exhibits, a number of improvements are outside the lease boundaries, including a concrete driveway, a portion of flat work, a portion of the patio and a bulkhead. The bulkhead appears to be on state tidelands. This has come to our attention because the bulkhead is beginning to fail. It was not constructed under a permit; however it has probably been there for 20 to 30 years. As the exhibit shows, a very large part of this property is out over state tidelands. We want to have some mechanism to get the wall repaired. I do not think the failure affects City property, however it affects the residents to a great degree. We have thought of incorporating the improvements, including the seawall, into an amended lease, and charging an appropriate fee for the additional property and requiring that in the future the property owner maintain the wall and other improvements. If a lease amendment is not appropriate, we can (1) let the wall fail and then remove it or (2) we can allow the property owner, under an encroachment permit or a harbor permit, to repair and maintain the wall, with public access allowed. Let's discuss this at your convenience. Tony Melum lease. 101 4 F'®FM E ���- sisc�' q o ---------------- DATE - TIME FOR WHILE YOU WERE OUT M J OF --- PHONE NO. TELEPHONED PLEASE CALL - RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SEE YOU URGENT - 213 Zoe- AMENDED IN ASSICRLY APRIL 23, 1984 , A CALIFORNIA LEGISLATUM-1%3-84 REGULAR SESSION ASSEMBLY BILL = No. 2940 This aet wed re'b a the defiftitien of for these ptwpeses. Under existing law, certain tide and submerged landshave been granted m trust to the County of Orange and to the City of Newport. Beach for specified public trust purposes and subject'to specified conditions This bill.would make legislative findings and declarations as to specified portions of those tide and submerged lands surrounding Harbor Island, and would authorize the county and.the city to lease those lands to the owners of adjacent upland residencies for the purposes set forth in specked s8 50 a AB 2940 —2— ell existing leases for a period of 49 years or less, subject to specified terms and conditi ons Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. The people of the State of California do enact as follows.• 4- Seegeft 320 of the Pub Reseu ees T Legislature .2 SECTION.I. he Le s s and declares as finds 3 follows 4 (a) By Chapter 526of the Statutes OfI9.19 as amended , 5 by , -.Chapter 415 of the Statutes of 5, theLegislature .197, 0 conveyed, "certain tide. and submerged lands to, the 7 , cbim ty of Orange bordering upon and under Ne "Port 8 �iBq were o tits�ideoftCe'ddlbor-atl6lirlaits ifth City 0 e. Ity -0 -6-f Newport Beach, a municipal 4_1­ corporadon,� 0-6 Ju/Y 2-5, 10 -1919, the same to be forever held by the count and b y an - y .11 its successors in. trust for. the purposes therein stated, primarily 12 mad] or the Promotion and accommodation of 13 commerce and na i4gation. e,�, 7 14(b) . Certaiin Portions of 'tbose tide and subzn,'qr'ged 15 lands .surrounding Harbor Island, AW (L an island developed eveloped 16 with private residences, ve been fed - and reclaitned 17 as 4 result of ekher'natural or artificial occurrences and 18 have been improved with Jandscaping'and other yard 19 improvements.- These lands are described in, Section �J. 20', and are hereafter referred to in this act as county Harbor 21,':Island tidelands -H 22 The county Harbor Island tidelands, having been 23 filled and reclairned are no longer submerged or below 24 - the mean high tide line, are generally inaccessibleto the 25 pub&c, and, in theirpresentcondition, are notsuitable for 26 public trust uses. 27 (d) in recognition of the facts set forth in subdivisions 28. (b) and (CC (c), and in view of the amount of public trust 29, landre'mathing m' Newport Bay that is suitable forpubEc 30 trust use,> the county Harbor Island tidelands have been 31 leased to the owners of adjacent upland residenon a ces 32 short-term basis. These lands are producing income to 33 support the statutory trusts under which the tide and W Lqr-.1z C, —3— AB 2940 I submerged lands granted to the county are held and, 2 except for the production of income to support the 3 statutory trusts, are notpresently required or needed for .4 use by the public. 5 SEC. 2. (a) The county, or its successors, may allow 6 the countyDarbor Js&nd tidelands to continue to be used 7, for those purposes set forth in the existing leases of those 8 lands byleasinganew the lands oranYPart thereoffortbe 9 purposes set forth in the etalstfhg leases for a period of 49 10 years or less. During the term of the leases, the lands shall 11., be considered excess topubUc, trust needs in the area, and 12.,Jhe.public trust easement shall not be exercised on the 13 leased land 14 (b) .Th e consideration to be received by the counlyfor 15 leases of county Harbor Island tidelands shall be the fair i ' 6 mark et rental value of the lands, taldng into account the 17 added'. value to the adjacent uplands provided by the 18 acreage, usage, and littoral location of the tidelands, as 19 well as the benefits of &eir exclusive use by the adjacent 20upland owner.. The form of the leases and the range of 21 consideration to he received by the county shall he 22, approved by the State Lands Commission prior to the 23 issuance of any lease. 24 (c)..All money received by the county from edstfng 25 and future leases of county Harbor Island tidelands shall 26 be deposited m' a county tideland trust fund established27 pursuant to subdivision , (k) ofSection I of Chapter 526 of 28 the Statutes of1919, and shall be available for expenditure 29 in accordance with subd(vision (1) ofseclion I ofthat act -30. for the purposes set forth in that act, including, the 31 enhancement of the Upper Newport Bay Ecological 32 Reserve. 33 SEC.3...,, The county Harbor Island tidelands referred 34 to in this act are desciibed as follows , 35 That portion of the public tide and submerged lands 36 granted to and held in trust by the County of Orange 37 pursuant to Chapter .526 of the Statutes of 1919, as 38 amended, lying above the present line of mean high 39 water within the area bounded by the adjudicated line of 40 ordinary high tide surrounding all of Tract No 802.m the 98 100 AB 2940 —4— 1 City of Newport Beach, County of Orange, State of 2 California, as per map recorded in Book 24, .Page 7 of 3 Miscellaneous Maps,- in the Office of the County 4 Recorder of the county; as, established by the Judgment 5 in Case No. 23690, Superior Court, County of Orange, 6 State of California, as recorded in Book 22, Page 332 of 7 Judgments on July 2, 1928, and approved by the 8 Legislature pursuant to Chapter>142 of the Statutes of 9 1929; and bounded seaward by the limit of the United 10 States Bulkhead line as approved by the Departinent of 11 the Army, Office of the Chief of Engineers on February 12 15, 1951; , -'those limit lines having been established -1r f{3 13 between the following station points. 14 BEGINNING at the most easterly point of the land 15 described in the above mentioned Case No. 23690; that 16 Station being No.142 of the United States Government 17 Bulkhead above mentioned; THENCE Westerly _ to 18 Station No.143; THENCE North westerly to Station No. 19 144; THENCE .Northwesterly to Station No. 145; 20 `THENCE Northerly to Station No. 138 THENCE 21 Easterly to Station No. 139; THENCE Southeasterly to 22 Station No. 140; THENCE Southeasterly to Station No. 23 141; THENCE Southwesterly ' (at right :angles to the 24 line between Station No. 140 and 141) to the point of a=--' 25 beginning. That point being Station No. 142 of the 26 United States Government Bulkhead Line. 27 SEC. 4. The Legislature finds and declares as 28 follows. 29 (a) In Section 1 of Chapter 74 of the Statutes of 1978, 30 the Legislature conveyed certain tide and submerged 31 lands in trust to the City of Newport Beach that were 32 within the boundaries of the city on July 25, 1919, for 33 the purposes therein stated, primarily for. the -34 promotion and accommodation of commerce and P . 35 36 navigation. (b) Certain portions of those tide and submerged 37 lands surrounding Harbor Island, an island developed 38 with pri vate residences, have been filled and reclaimed 39 as a result ofeither natural or artificial occurrences and 40 have been improved with landscaping and other yard 98 120 — 5 — AB 2940 1 improvements. These lands are described in Section 6 2 and are hereafter referred to in this act as city. Harbor 3 Island tidelands. 4 (c) The city Harbor'Island tidelands, having been 5 filled and reclaimed, are no longersubme as e er below e to 6 the mean high tide line, are generally ' 7 the public, and in their present condition are not 8 suitable for public trust uses. In view of these facts, the in Newport Bay 9- amount ofpublic trustland remauung is suitable for. public trust use, and the small 10 _ 11 that Harbor Island. amount of acreage comprismg the city Harbor Island that the city 12 13 .. tidelands,.it is determined tidelands are. not presently required or needed for use 14 15 :., by. the public. SEC. 5. (a) The city,. or its successors, may allow to be used .. 16 the city Harbor Island tidelands to continue and landscaping uses 16 18 for nonpermanent recreational by leasing those lands or'any part thereof for a period 19 of 49 years or less for the purposes' set forth m the the Harbor Island homeowners 20 21 e�dstingleases between and the County of Orange. During 'the term of the excess to public 22 , :leases, the land shall be considered needs in the area, and- the public trust easement 23 24 trust shall not be exercised on' the leased land. '° The to be received by the city for 25 (b) consideration Teases of city Harbor Island . tidelands shall be the fair 26 27 marketrental value ofthelands takinginto account the by,the 28 added valueto the adjacent uplands provided usage, and littoral location of the tidelands, as 29 30 acreage, well as the. benefits of their exclusiv1use by the The form of theeaand the 31 s >: 32 adjacent upland owner. range of consideration to be received by the city shall • 33 be approved by the State Lands Commission prior to 34 . the issuance of any lease. by the city from leases of 35 36 . (c) All money received city Harbor lsland tidelands shall be deposited in a city 37 tideland trust fund established pursuant to subdivision 74 the Statutes of 1978 and = _ 38 (i) ofSection l of Chapter of with be available for expenditure inaFo rdancoses 39 1 40 shall of subdivision (j) of Section 1 of that act. purposes _ 98 140 _zp AB 2940 6 ti the expenditure of trust funds to enhance ".1.1a am; the U hall be Up per N al R Newport Bay Ecologic Reserve s 2 fil 3 deemed to be in futherance of the purposes of the trust 4 created by Chapter 74 of the Statutes Of 1978. 5 SEC6 The cityHarbor island tidelands referred to 6 in this act are described as follows: 7 That -portion of the public tide and submerged lands W"', anted to an 8 granted d held in trust by the City of Newport 9 Beach pursuant to Chapter 74 of the Statutes of 1978, to lyingabove thepresent-Ane ofmean high water within 11 the area bounded by the adjudicated line of ordinary 12 high tide surrounding all of Tract No-i'802 in the City Of 13 NeWPOTtBeach County of Orange, State of California, 14 ..as per map recorded in Book 24, Page 7 Of 15 Miscellaneous Maps, in the Office. of the County n't Becorder of the county; as established by thejudgme 17 in Case No. 23690, Superior Court, County of Orange, 18, State of California as recorded in Book 22, Page 332 Of 19 Pidgments. on July 2, 1928, and approved by -the 20 Legislature -pursuant to Chapter 142 of the Statutes of 21 1929; and bounded seaward by the li�nit of the United .22 States Bulkhead line , asapproved by th e Department of 23, the Army, Office of the Chief0fEngineers on February -15 es having been established 24 1951;. those limit An 25 between the following station points: 26 BEGINNING at the most easterly point of the land 27 described in the above mentioned Case No. 23690; that. .28 Station being No. 142 of United States GovernmeWt above 29 Bulkhead a mentioned; THENCE Westerly to Northwesterly to Station No. Station N6.143; THENCE Northwesterly Sta 145; 31 144, THENCE Northwesterly to Station No 32 THENCE Northerly to Station No 138 THENCE 139; THENCE southeasterly to 33 Easterly to Station No. 34 Station -No. 140; THENCE Southeasterly to Station No. to the 35 141; THENCE Southwesterly (at light angles 36 line between Station No. 140 and 141) to the point of 37 b&ghming, That point being Station No. 142 of the 38 united States Government Bulkhead Line. 39 Gede j:9 Wf� te yead- 40 ,,n anY Ptib OT 98 170 AB 2940 —�- l. 1 2 private entity,� er refit; � flat � es ie�; � }�e�e�s y 3.. te; � , ' tkeree€ engaged 53 the StAte of ieh 6 -linemeing persuemt to the terms of Otis O. 98 170 ASSEMBLY COMMITTEE ON NATURAL RESOURCES TERRY GOGGIN, CHAIRMAN BILL 1;0. s AB 2940 Sl'PI'£ CAPITOL, ROOT: 6005 FISCALi YES (93.6) 445-9367 URGENCY: NO HEARING DATE: 4/24/84 BILL NO.: Assembly Bill 2940 (as proposed to be amended) AUTHOR: BERGESON SUBJECT: LEASES OF FILLED TIDE AND SUBMERGED LANDS BACKGROUED : Under existing law, the State Lands Co=isrjline)&to publicre- submerged lands (lapels below thehigh tide agercies to be managed for purposes of connerce, navigation, fisheries, recreation, and ecolo&ihalC��eservation. Beach In sort Bay, these lands were granted to t y of Orange County. Harbor Islar-O is a Small privately owned residential iQland off the mainlarldtat BescoatBay Newport Beach. It is connected bridge. public access to theby and rec reationbl opp es At Harbor a islend are quite limited if not totally nonexistent. the tide and submerged lands adjacent to Island, the city manages three hones, and the county aaraples the lands ade ighetidtolive 19 and hones. Over time, the water wean bulkhead line have been filled'both by the U.S. Government natural and artificial means and are no longer below the mean have improved the high tide dine. Tiany of with the property owners or patiosNewportiBay tthe apoorate properties gardens public trust uses in the rest of p y and the filled properties, the city and potential for public use county have leased them of to the uplai'd property owners for income consistent with the to support other public trust purposes original grant. Ar;P_LYSIS This bill would statutorily authorize thandi y andg county u ty towith s of Harbor island. cor,t nue the leases for the filled The lease terms would be the 22 upland owner bt fair market rental value of the lands,kbygb�varietyycooft the added value to the adjacent uplands provided s and would be factors. The lease could extend for 49 year subject to approval by the State Lands Commissior. All revenues received from the leases would be expended for public trust purposes, including the enhancement of the Upper Newport Bay Ecological Reserve. PAGE 2 STAFF COMMENTS: - - This bill utilizes a similar approseb to the solution of public trust problems at Beacon Bay.in 1978. SOURCE: State Lands Commission SUPPORT: State Attorney General City of Newport Beach OPPOSITION: gone in comittee files AB 2940 OENNIS.0 O�NEIL MCDoNOUGH, HOT.T.A-tm & ALLEN A PROFESSIONAL. CORPORATION ATTORNEYS 3200 PARK CENTER DRIVE, SUITE 710 COSTA MESA,CALIFORNIA 92626 (714) 850-1180 April 11, 1984 Robert L. Wynn, City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Harbor Island Tidelands Legislation Dear Bob: SACRAMENTO OFFICE SS5 CAPITOL MALL, SUITE 9SO S ACRAMENTO, CALIFORNIA 95814 (916) 444-3900 IN REPLY REFER TO: jru�E00 �il_ u L© City MnOjt Beach l City of NewDo / .as9 Assemblywoman Marian Bergeson is sponsoring legisla- tion (AB 2940) which will allow the homeowners on Harbor Island to lease the City and County tideland areas for a period of 49 years. The final draft of AB 2940 is enclosed for your information. I will send you a formal printed copy of the bill when it is approved by the Legislative Counsel's office, which is expected to occur within the next several days. A small portion of the Harbor Island tidelands consti- tute areas granted in trust to the City of Newport Beach. A majority of the tidelands on the Island constitute County granted tideland areas. The owners of the homes adjacent to the County tidelands have leased the tideland areas from the County for a period of 5 years. Those leaseswill expire in 1986. Under the proposed legislation, the existing County leases can be extended and the City may lease the City tideland areas to the adjoining upland property owners for a period of up to 49 years. An appraisal of the fair market rental rate is currently being done by an appraiser (Robert Foreman) retained by the County and the Harbor Island Community Association to determine what the fair market rent should be. These rents can be used for any appropriate City and County tideland purpose and for enhancement of the Upper Newport Bay. Assemblywoman Bergeson has asked that all interested parties express their support for"the bill prior to the first committee hearing on this matter which is scheduled for April 24, 1984. The State Attorney General's office (Greg Taylor) and State Lands Commission attorney (Curtis Fossum) have approved the form and legality of the bill. Robert L. Wynn, city Manager April 11, 1984 Page 2 I have drafted a suggested letter in support of AB 2940. If you are so inclined, I would appreciate it if you would prepare it on your letterhead and send to Bergeson's office. Please give me a call if you have any questions regarding this matter. Ve4s. yours, De'Neil DDO:dlg Enc. SAMPLE LETTER SUPPORTING AB 2940 (TO BE TYPED ON CITY OF NEWPORT BEACH LETTERHEAD) Assemblywoman. Marian Bergeson 70th District, California Legislature 4500 Campus Drive, Suite 344 Newport Beach, CA 92660 Re: AB 2940 (Harbor Island Tidelands) Dear Marian: I have reviewed AB 2940 with the City Council's Legis- lative Committee and wish to advise you of the support of the City regarding the proposed legislation. Because the City and County tidelands on Harbor Island cannot practi- cally be used by the public for any proper tideland pur- poses, it seems appropriate to use'the fair market rental income generated from those tidelands on uses which will provide a broader benefit to the public. This is consis- tent with the City's position on the Beacon Bay legislation approved by the Legislature in 1978. The City appreciates your assistance in this matter. r cc: Dennis D. O'Neil, Esq. Assembly Bill No. 2940 CHAPTER An act to amend Chapter 526, Statutes of 1919 as amended by Chapter 415, Statutes of 1975 by adding Sections 4 and 5 thereto and to amend Chapter 74, Statutes of 1978 by adding Sections 17 and 18 relating to sovereign lands granted in trust to the County of Orange and the City of Newport Beach, respectively. LEGISLATIVE COUNSEL'S DIGEST AB 2940, Bergeson. County of Orange, City of Newport Beach tide and submerged lands. Under existing law tide and submerged lands located upon and under Newport Bay have been granted in trust for certain statewide public purposes by the State of California to Orange County and to the City of Newport Beach upon condition that the lands be used generally for the promotion and accomodation of commerce, navigation, fisheries, recreation, and ecological preservation. A portion of thdse tide and submerged lands surrounding Harbor Island in Newport Bay, City of Newport Beach, and lying between the adjudicated mean high tide line and the U.S. Government bulkhead line, have been filled and improved and are no longer below the mean high tide line. This bill provides that for a period of up to forty- nine years (49) certain filled tide and submerged lands surrounding Harbor Island are excess to public trust use needs and may be leased by the County and City at fair market rental value with the revenues to be used to enhance the Upper Newport Bay Ecological Reserve or other public trust purposes as provided in the existing statutes. The People of the State of California do enact as follows: SEC. 1. Section 4 is added to Chapter 526 of the Statutes of 1919 to read: Sec. 4. The Legislature makes the following findings and determinations: (a) By Chapter 526, Statutes of 1919,as amended by Chapter 415, Statutes of 1975, the Legislature conveyed C -2- certain tide and submerged lands to the County of Orange bordering upon and under Newport Bay which were outside of the corporate limits of the City of Newport Beach, a municipal corporation, on July 25, 1919, the same to be forever held by said County and by its successors in trust for the purposes therein stated, primarily for the promotion and accommodation of commerce and navigation. (b) Certain portions of such tide and submerged lands surrounding Harbor Island, an •island developed with private residences, have been filled and reclaimed as a result of either natural or artificial occurrences and have been improved with landscaping and other yard improvements. These lands are described in Section 5 of this Act and hereinafter are referred to as County Harbor Island Tidelands. (c) The County Harbor Island Tidelands, having been filled and reclaimed, are no longer submerged or below the mean high tide line, are generally inaccessible to the public,_ and in their present condition are not suitable for public trust use. (d) In recognition of the facts set forth in subsections (b) and (c) hereto, and in view of the amount of public trust land remaining in Newport Bay that is suitable for public trust use, the County Harbor Island Tidelands have been leased to the owners of adjacent upland residences on a short term basis. These lands are producing income to support the statutory trusts under which the tide and submerged rands granted to the County are held and, except for the production of income to support the statutory trusts, are not presently required or needed for use by the public. (e) The County, or its successors, may allow the County Harbor Island Tidelands to continue to be used for those purposes set forth in the existing leases of such lands by leasing anew said lands or any part thereof for the purposes set forth in the existing leases for a period of 49 years or less. During the term of such leases, the lands shall be considered excess to trust needs in the area, and the public trust easement shall not be exercised on the leased land. (f) The consideration to be received by the County for leases of County Harbor Island Tidelands shall be the fair 'market rental value of such lands taking into account the added value to the adjacent uplands provided by the tidelands' acreage, usage, benefits of thei The form of such received by the Commission prior -3- r and littoral exclusive use leases and the County shall be to the issuance location, as well as, the by the adjacent upland owner. range of consideration to be approved by the State Lands of any such lease. (g) All money received by the County from existing and future leases of County Harbor Island Tidelands shall 'be deposited in a County tideland trust fund pursuant to Section l(k) of this Act and shall be expended in accordance with Section l(1) of this Act, including the enhancement of the Upper Newport Bay Ecological Reserve. SEC. 2. Secton 5 is added to Chapter 526 of the Statutes of 1919 to read: Sec. 5. The County Harbor Island Tidelands referred to in this Act are described as follows: That portion of the public tide and submerged lands granted to and held in trust by the County of Orange pursuant to Chapter 526, Statutes of 1919.as amended, lying above the present line of mean high water within the area bounded by the adjudicated line of ordinary high tide surrounding all of Tract No. 802 in the City of Newport Beach; County of Orange, State of California, as per map recorded in Book 24, Page 7 of Miscellaneous Maps, in the Office of the County Recorder of said County; as established by the Judgment in Case No. 23690, Superior Court, County of Orange, State of California as recorded in Book 22, Page 332 of Judgments on July 2, 1928 and approved by the Legislature pursuant to Chapter 142, Statutes of 1929; and bounded seaward by the limit of the U.S. Bulkhead line as approved by the U.S. Department of the Army, Office of the Chief of Engineers on February 15, 1951; the said limit lines having been established between the following station points: BEGINNING at the most easterly point of the land described in the above mentioned Case No. 23690; said Station being No. 142 of U.S. Government Bulkhead above mentioned; THENCE westerly to Station No.- 143; THENCE Northwesterly to Station No. 144; THENCE Northwesterly to Station No. 145; THENCE Northerly to Station No. 138; THENCE Easterly to Station No. 139; THENCE southeasterly to Station No. 140; THENCE Southeasterly to Station No. 141; THENCE Southwesterly (at right angles to the line between Station No. 140 and 141) to the point of beginning. Said point being Station No. 142 of said U.S. Government Bulkhead Line. -4- SEC. 3. Section 17 is added to Chapter 74, Statutes of 1978 to read: Sec. 17. The Legislature makes the following findings and determinations: (a) In Section 1 of this Act, the Legislature conveyed certain tide and submerged lands in trust to the City of Newport Beach that were within the boundaries of the City on July 25, 1919 for the purposes therein stated, primarily for the promotion and accommodation of commerce and navigation. . (b) Certain portions of such tide and submerged lands surrounding Harbor Island, an island developed with private residences, have been filled and reclaimed as a result of either natural or artificial occurrences and have been improved with landscaping and other yard improvements. These lands are described in Section 18 of this Act and are hereinafter referred to as City Harbor Island Tidelands. (c) The City Harbor Island Tidelands, having been filled and reclaimed, are no longer submerged or below the mean high tide line, are generally inaccessible to the public, and in their present condition are not suitable for public trust use. In view of these facts, the amount of public trust land remaining in Newport Bay that is suitable for public trust use and the small amount of acreage comprising the City Harbor Island Tidelands, it is determined that the City Harbor Island Tidelands are not presently required or needed for use by the public. (d) The City, or its successors, may allow the City Harbor Island Tidelands to continue to be used for non- permanent recreational and landscaping uses by leasing said lands or any part thereof for a period of 49 years or less for the purposes set forth in the existing leases between the Harbor Island homeowners and the County of Orange. During the term of such leases, the land shall be considered excess to trust needs in the area, and the public trust easement shall not be exercised on the leased land. (e) The consideration to be received by the City for leasing of City Harbor Island Tidelands shall be the fair market rental value of such lands taking into account the added value to the adjacent uplands provided by the tidelands' acreage, usage, and littoral location, as well as, the benefits of their exclusive use by the adjacent upland owner. -5- The form of such leases and the range of consideration to be received by the City shall be approved by the State Lands Commission prior to the issuance of any such lease. (f) All money received by the City from leases of City Harbor Island tidelands shall be deposited in a City tideland trust fund pursuant to Section l(i) of this. Act and shall be expended in accordance -with Section 1 0) of this Act. For purposes of this section, the expenditure of trust funds to enhance the Upper Newport Bay Ecological Reserve shall be deemed to be in futherance of the purposes of the trust createdby this Act. SEC. 4. Section 18 is added to Chapter 74, Statutes of 1974 to read: Sec. 18. The City Harbor Island Tidelands referred to in this Act are described as follows: That portion of the public tide and submerged lands granted to and held in trust by the City of Newport Beach pursuant to Chapter 415, Statutes of 1975, lying above the present line of mean high water within the area bounded by the adjudicated line of ordinary high tide surrounding all of Tract No. 802 in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 24, Page 7 of. Miscellaneous Maps, in the Office of the County Recorder of said County; as established by the Judgment in Case No. 23690, Superior Court, County of Orange, State of California as recorded in Book 22, Page 332 of Judgments on July 2, 1928 and approved by the Legislature pursuant to Chapter 142', Statutes of 1929; and bounded seaward by the limit of the U.S. Bulkhead line as approved by the U.S. Department of the Army, Office of the Chief of Engineers on February 15, 1951; the said limit lines having been established between the following station points: BEGINNING at the most easterly point of the land described in the above mentioned Case No. 23690; said Station being No. 142 of U.S. Government Bulkhead above mentioned; THENCE Westerly to Station No. 143; THENCE Northwesterly to Station No. 144; THENCE Northwesterly to Station No. 145; THENCE Northerly to Station No. 138; THENCE Easterly to Station No. 139; THENCE southeasterly to Station No. 140; THENCE Southeasterly to Station No. 141-; THENCE Southwesterly (at right angles to the line between Station No. 140 and 141) to the point of beginning. Said point being Station No. 142 of said U.S. Government Bulkhead Line. or" I m E � m AAWY. &.6,7re 40AOACOR SYW4 BE IRCES'Aam.-II& eieAeONA IM WA AOAI o0or ftlS fINI, '-fHeYA4.4041.4WAL Y WOLF? Xt-4j A- " j �`; A41D&,t!S, AND IAISAUA77441 0.,c zvl5kv cr -:7-1 ,P1ze3;' IAI $4 -MAO APMOVAM f9 WA A041 A I NAWAI eAl #//S P96. 401f"MR -VALL, AIS6 &F AFS&AISI&I Ok D6MO4111,W 4AID AI&W P'l-grAWOP -4-)AA10VAY 91.S t WOOD Pltf 9 6rOA'iMA A IL 0 0 0 RAMOMA. VP "Alc-fftft, AND WORD 1 a v to DAN1.1 AfAWOF ,E.�1Sf1AtlT G i a, o� 1��• SAUD <ri1 A 7,) 0-7) �Z /101G AIA14 .4 "A .)Vf,At 7,-,,I,,p R -YANS 174 1`116 V,,AI(3VAAV) Nr* -,416,9 72-1 /01:/- -ce IC z74 &XZ PAY41 45 2 �f 114- P7 - 40 — -/- L e� 7 71- z t4 2 P 01 Oct) DIP I g, I I--- , Z, X. X AJ&l E4VA "IAl fix. X} EX1Sf a IYA, 0# 1zC r,e Ao' '/ < 77, ell A . 76 P VVIAl -W�' JUL 1 519,01 NWD P14tS �lekENAX) 16t AID RJ4 txlsxe I I MAAW IA"D c/.) 700 IPLI.- A AJ glosrAIJOD ArAZ4 1',eaA�WTY Zl,,v6- �'TXIP) ,CXISr A.C. PAVEMENT (N0 evk8s) C00A MESA 1&1411rY MAP PROD. Sly a. ENGINEER 16861 XOMWATNR LAW HUNTINGTON BRACK, CA 92649-3006 PROJNCT AM MWATIONS SHOWN ARB BASED ON XXM LIOWU LOW WATER (XLLW) - 0-00- XZAX SlAh LEVEL (MM) a +2.73 VT. (XLLK) DlXZNSIOKS DIXXXSIOVS SHOW an TIM pLAWS ARA AppgoXUtATZ An INTENDED TO Snow Tax SCOPE OF TIM VoAK. CONTRACTOR is RESPONSIBLS FOR VXRIrYIXG DIMMIGM = THE FTEW. PROTECTION CONTRACTOR $HALL XXXNCIU CXMIOK To ASSURg THAT OF RXISTIM NEIGHBORING STRUCT AM X=STTWG j*Cn.TTIXS An FACILITIES PROTECTED FROK DANUM DURING CONSTRUCTION. DANAGM SHALL BE RZPAIRED BY CCNTHACTGA To 0WRA#S SATISVAMM AT No COST TO OWNER. INSPECTION CONTINUOUS INSPECTION DURING CONSTRUCTION SSUZ BE BY a a LICENSED IXSPECTQa AppRoVHD By TM CM OF =WpOAT ANACH. TESTING ADEQUATE RWQI= Of ALL TESTS AM r*SPZCTWU SHALL 92 PROMPTLY FURNISHED TO TU =Gr*%M FINAL IWSpXCT%Cy AND APPROVAL WILL 82 NADE BY THX =GMM. xftljpy =gINEgN AT LUST 49 NO=$ PRIOR TO 0Wa0==MNT Or ANY CONSTRUCTION ACTIVITY. STANDARD ALL FATIRLYALS AND WORK SHALL CONFORR TO TM RXQUI SPECIFICATIONS OF XSTAxDARD SpacItICATIons, rm PvALxC wom CONSTRUCTION" (*GFX= B=w), 1991 EDITION OR LATM EXCEPT AS NOTED BELOW. COMPLICTS W= BE RRSOLVED BY TIM ENGINEER. MATERIALS TrXSXR PI LKS TO CONYC= W2TH AM IF o LZNCTRSt 120 DIA. X 141 LONG o TINSER PIL23 TO BE PRESSURE TREATED WITS CRICSOTE PER ARTA cis & rzv-Spxc­TT-wS71' REV. 1 TREAT ALL FIELD CUTS PER AWPA X 4 STRUCTURAL CON TOM TO ASTIR A-36 STEEL SOIL ANCHOR DYWIDAG BAR ADAPTER C114 - 0010 EXTENSION ROD ciso - 0009 HELIX ANCHOR Clso - 0051 BY: A. A. CHANCE CO. 210 X. ALLEN STREET CENTRALIA, NO 6S240 (324) 682-SS21 ANCHOR ROD HIM STRENGTH Vr= COWFOMrNQ TO AM A-722, GRADE ISO. CONTINUOUSLY THREADED RODS SHALL as as XhxupacT=w By On OF THE POIJAMNG: DST USA, IXC« (DYWTDAG) WILL FORK ENGR CORP. 21S4 SOUTH STREET 969S DISTRIBUTION AV. LOW BEACH, CA 9080S SAN DIEGO, CA 92121 RODS TO BE HOT-D-TP GALVANIZED PER ASTH A-123, 2 OZ. PER SQ. FT. (MIN), AND SUPPLIED WITH HNAT-SHRINK PoLYNTHYLXIM SLUM APPLIED BY Rot) XTR. OR By; PLZXCCU -EXTRUDRO COATINGS 1:0661 ZTIWANDA FONTANA, CA ANCHOR ROD HARDWARE, INCLUDING OOKTl*UWS BEARING PLATZ(S), NUTS AND COUPLZU, SHALL BE AS papXTSHRU Hy ROD XFR- AND HOT -DIP MVUXZW PER ASTII( A-123, A-IS3, A-394, AND A-38S, AS APPLlc=X. CORROSION TREAT ALL FIELD CUT EDGES WITH COLD "LvAx:rznw compom PROTECTION ZRC OR "PROVED EQUAL. BACKFILL BACKPILL SHALT4 82 CLZM SM COKpACTjS) To 9ft RELATIVE. FILL SHOULD BE PLACED = LIFTS NOT To ZZCgED # IXCgXS BZFORZ COmpAC`p-'OW- COMPACTIOn Siam AN Imamcm By THE GEMCHNICAL ENGINEER. GZOFABRIC GBOYABRIC (FILTER CLOTH) $HALL HE EQUAL TO 'POLYPILTXR Xle AS XANUFACTURSD BYs REVIEVVES' RN DEPARTMENT CARTILAGE xzxzs, INC, CINCnaum, ONTO OR KIRAPI 700-X As NAXupACTUNED By: BY ATE v 4fl"' INC. � INORK JHALL BEE n C til- IN " fl THE N. C. THE STANDARD SPECIFICATION!� F'. C�W RKS SUBMIT ALTERNATIVES To ENGINEER FM APPROVAL dinuffmUCTION AND IS SUl3jECT TO CITY INSPECTION. T'o. c. EL V,4klC3 SNEEf Pil , L - 4E 17 6A N f -- iX/Slf iV40P t, AA1,1iQA Y 6xlSf iVOOD FIL ig (ro ,fbq,41u) ��.,� � �E.YIS1.• GJaUL� --f DEBQIs r4 BC RbMc�VlcL AMP 60M,PQC1DR SNAL L 8 E ,PESPGA1AI&E F L� kL 1,UC� fIIL' t to 4,r Lx r INZ, _ !, ".v ExlS1 kooD )c,: C .5'ffLL �'NfEl`P1LII/C� iAf C ,+/ "", LfL (q.l 0 X' PM) a, P11J4 IAI 3,04 ,gPH.WMAfE AOV B111, N4AD � � � ° •` 1UZA? r'rW A S'4WA1 U1/ f#19 UVI, . ;l ,PE'SP�u,S18G� f1Jk QEMOLrflau Qul� ��`��'� QEP,PtS ,Q f bASE AF LXI.�1lNl7 .�°L I;PE� Ca. r � p � �1• � i P11 ,UfAQ �ID,1N ErYp t�/ GIAI L . �A,� 5 `7 vier r S— GEG4�t1JD X x 11iW Lt 6VArlou (x. x� Exrsf. LGEV.�fi�%t1 C d1E'l�1 A PA f/0 Gaon t4MI 0bt P!AA11ER 8 LJt Ill-�i5A D PG A AJ Sa Cl)PIt1L, — G'L/AlYfi�k CroPAur eOfKl ,, wAIZR f% 7440 .su�Ef P14� ----_. t 5 L- 45 ";,��f:u t4 -5 s E C 774: �'T r 9'h�GOk ru 2- 0�4¢ e©AJf E.G. 41L 01)WID (r(P.) 7 Ala-04{ j 6DAe2EfE A11CN4RS '12 ",c .3'1£3 "AW *101-453 -OCZ � F i 4" -uEt.s �I o couc,�ErF AucNoRs PGA 1t1 YZ `e 3'16 P4L. 0'101-D53- 00Z .S11EBf PILE, L -5 ?'i ' _ (SAM-SD,t1 L •SERIES 3 "� PEQt©R,Ql�L� AQat�tl PME (0VC) �VW PIPE N1f# ,r'14r P (SEE PLAIJ) �coPlut, A 61'21h90 I /SSLA-0 Ask PikNlr NO I DATE I REVISION No.25045 L 199 * €xp.12 31 3 ,`" sl CA 233 f 5 3 �rFOf CAUFfl�� RICHARD K. SHOGREN & ASSOCIATES CONSULTING CIVIL ENGINEERS GARDEN GROVE, CA V14) 63&16M SCALE:u444.% APPROVED BY: DRAWN BY DATE: � d�r6l gD PEWSEO PLAN AND DjMll5 MIQ. %NQMQ,S ELL/SD,(1 DRAWING NUM R BY Il�1 NAIRBO�P l,SL4ND LIPIVE NEWP©Rf6WA1 CA. APPW X. SHE' LruE yP �� 4N L3114K(AXCAL7 rl�.t;. il, /lli S _ti.144D 17A41l k1AY i f y r ' VAMP Y r _, _ . fX1S1�PLANfE�P Prfle� LZAIAJ 4Xlsf t f> r k �r r r f LOW — �.1—.mot_... .. �..._.-..._ .. ArAP64R I.ILAAlb wilricill x� �`Xl,f yl�'CC FEr(tc"� ,l jol61. 4�lsje� ,rX1 ,A,4:�. P,AVE10F,1Vf OWNER THOMAS 1. ELLI 101 HARBOR ISLAND DRIVE NEWPORT BE , CA BULKHEAD RICHARD K. SHOGREN & ASSOCIATES INE 12755 BROOKBURST ST., . 203 BARD EN GROVE, CA 92640 O` (714) 636-1620 PROJECT ALL ELEVATIONS SHOWN ARE BASED ON MRAN LOWER LOW WATER DATUM (MLLW) - 0.00. MEAN BRA L (MSL) - +2.73 FT. ( ) z q ) DIMENSIONS DIMENSIONS SHOWN ON THE PLANS ARE APPROXIMATE AND INTENDED TO SHOW THE SCOPE OF THE WORK. CONTRACTOR IS S/fj�'RESPONSIBLE FOR VERIFYING DIMENSIONS IN THE FI RLD . 140 PROTECTION CONTRACTOR SHALL EXERCISE CAUTION TO ASSURE THAT -� OF EX2STING NEIGHBORING STRUCTURES AND EXISTING FACILITIES AM FACILITIES PROTECTED FROM DAMAGE DURING CONSTRUCTION. DAMAGES `/ SHALL BE REPAIRED BY CONTRACTOR TOOWNER'S SATISFACTION AT NO COST TO OWNER. INSPECTION INSPECTION DURING CONSTRUCTION SHALL BE BYA REGISTERED BAt gq t StAtJti BA,GSL?t1 & CIVIL ENGINEER AND/OR LICENSED DEPUTY BUILDING INSPECTOR. .6 Aivp` TESTING ADEQUATE RECORDS OF ALL TESTS AND INSPECTIONS SHALL BE PROMPTLY FURNISHED TO THE ENGINEER. FINAL INSPECTION AND APPROVAL WILL BE MADE BY THE ENGINEER. NOTIFY ENGINEER AT LEAST 48 HOURS PRIOR TO COMMENCEMENT OF ANY `\ CONSTRUCTION ACTIVITY. STANDARD ALL MATERIALS AND WORK SHALL CONFORM TO THE REQUIREMENTS SPECIFICATIONS OF "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION" /� ("GREEN BOOK"), 1988 EDITION OR LATER, EXCEPT AS NOTED V1'11111Y /a�"lA Q BELOW. CONFLICTS WILL BE RESOLVED BY THE ENGINEER. MATERIALS 0 I MF� TI-IOMi/\S F-LLISCN i1 ci FinF&cr isLnNr [DRIVE A 61i1/9a 1.�L 4-& f?)1�'141- NO DATE REVISION CONCRETE STRUCTURAL CONCRETE SHALL BE NORMAL WRIGHT, CONFORMING (CAST IN PLACE) TO THE FOLLOWING MINIMUM REQUIREMENTS. 0 6 SACKS PER CU. YD. TYPE II (MODIFIED) PORTLAND CEMENT a COARSE AGGREGATE SHALL BE 1" MAX. & GRADING UNIFORMLY TO 04 APPROXIMATELY 1800 PCY. o FINE AGGREGATE (<#'4) BUT NOT MORE THAN S% PASSING 0100 APPROXIMATELY 1200 PICY. o WATER 30 GAL/C.Y. WATER/CRMENT RATIO SHOULD NOT EXCEED 0.45. o SLUMP SHALL NOT EXCEED 4" MAX. o WATER -REDUCING ADMIXTURES MAY BE USED TO PROVIDE A MORE WORKABLE MIX. CALCIUM CHLORIDE SHALL NOT BE USED FOR ANY REASON. o MINIMUM 28-DAY COMPRESSIVE STRENGTH: 4500 PSI. ACTUAL MIX SHALL BE SUBMITTED TO ENGINEER FOR APPROVAL. CONCRETE CONCRETE SHALL ACHIEVE MINIMUM STRENGTHS OF 2500 PSI CURING BEFORE FORMS MAY BE REMOVED OR LOADS TRANSFERRED . ALL CONCRETE SURFACES EXPOSED TO AIR SHALL BE COVERED WITH SHEET PLASTIC FORA PERIOD OF NOT LESS THAN FOURTEEN (14) DAYS. (CONSULT ENGINEER FOR SPECIFICS). CONCRETE STANDARD CYLINDER TESTS SHALL BE CONDUCTED AT 5, 14 & 28 TESTS DAYS, FOR ALL CONCRETE PLACED. EACH TRUCKLOAD SHALL HAVE A MINIMUM OF 4 CYLINDERS PREPARED, TWO OF WHICH WILL, BE HELD FOR THE 28-DAY TEST. TEST LABORATORY SHALL PROMPTLY NOTIFY ENGINEER OF ALL TEST RESULTS. REINFORCEMENT CONFORM TO ASTM A-615 GRADE 60. BARS SHALL BE HOT -DIP GALVANIZED. ALL SPLICES SHALL BE A MINIMUM OF 36" AND SECURELY TIED. MATERIALS SHEET PILE EQUAL TO ASTM A-36 OR BETTER. BACKFILL BACKFILL SHALL BE CLEAN SAND COMPACTED TO 90% RELATIVE. FILL SHOULD BE PLACED IN LIFTS NOT TO EXCEED 8 INCHES BEFORE COMPACTION. COMPACTION SHALL BE INSPECTED BY THE GEOTECHNICAL ENGINEER. GEOFABRIC GEOFABRIC (FILTER CLOTH) SHALL BE EQUAL TO "POLYFILTER X" AS MANUFACTURED BY: CARTHAGE MILLS, INC. CINCINNATI, OHIO OR MIRAFI 700-X AS MANUFACTURED BY: MIRAFI, INC. CHARLOTTE, N.C. SUBMIT ALTERNATIVES TO ENGINEER FOR APPROVAL C-J 1-73 Yt � _ � N QF �C AU *"S �_ P RICHARD K. SHOGREN & ASSOCIATES CONSULTING CIVIL ENGINEERS GARDEN GROVE, CA (714) 636.1620 SCALE: APPROVED BY: DRAWN BY DATE:/119G REVISED {g .r'7 j/} je.,./ �y Sr rl / 66 t / DRAWING NUMBER BY �%Sig / tR7�G%/4�k S1-4A1D Ln1P11 Xw- hQWPc%'"Aal eA - C / 137255 S CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 May 17, 1990 Thomas E. Ellison 19 Lochmoor Lane Newport Beach, Ca. 92660 re: seawall at 101 Harbor Island Dr. Dear Mr. Ellison: The Marine Department has received a complaint -regarding the seawall at 101 Harbor Island Drive. The complaint is that the wall is in disrepair and in.an unsafe condition. A field inspection conducted on May 4, 1990, found the wall to be collapsing and in.need of repair. According to the terms of "aLease of the subject property between yourself and the City'of Newport Beach, dated February 1, 1990, specifically section 8, the responsibility to maintain the seawall is yours. section 8...."Lessee shall; at all times during the terms of this Lease and at its sole cost and expense, keep and maintain all buildings, structures, and other improvements on the Leased Land in good order and repair. and the whole'of the Leased land and all improvements, thereto . Please take the necessary steps to repair the above mentioned seawall. A Harbor Maintenance Permit must be obtained from this department as well as any permits that may be required from the Building Department. If you need to discuss this further, please contact Mr. Tony Melum at the Marine Department, 644-3044. Sincerely, 'es Rrmand. Harbor Inspec - r' DIRECT DIAL NO. (213) 688-4806 MARK G. ANCEL ATTORNEY AT LAW STEPHENS, BERG, LASATER, SCHULMAN S ROGERS A PROFESSIONAL CORPORATION 626 WILSHIRE BOULEVARD, IIT" FLOOR L05 ANGELES, CALIFORNIA 90017 TELEPHONE (213) 629-3111 TELECOPY (213) 624-4734 RICHARD K. SHOGREN, P.E. Principal RICHARD K. SHOGREN & ASSOCIATES Consulting Civil IS Structural Engineers 12755 Brookhurst St., #203 Garden Grove, CA 92640 (714) 636-1620 r. t r' M L4ry Jvh .b4 sum �' �'�• h �l 1. is Assembly Bill No. 1422 CHAf'T1-ER 74 An act reliating to tide and submerged lands in the City of Newport B('?ach, and in this connection repealing Chapter 494 of the Statutes of 1919, Chapter 70 of the Statutes of 1927, Chapter 1422 of the Statutes of 1919, Chapter 574 of the Statutes of 1929, Chapter 13,13 of the Statutes of 1929, and Chapter 200 of the Statutes of 1931, and declar- ing the urgency thereof, to take effect immediately. (Approved by Governor April 6. 1978. Filed %001 scc:retxy of State April 7, 1978.) LEGISLATIVE COUNSFUS DIGF.Sr AB 1422, Cordova. City of Newport peach: tide and submerged lands. Chapter 494 of the Statutes of 1919 grants to the City of Newport Beach all tide .and submerged lands that were within the city's boundaries on July 25, 1919, arid bordered upon and were in front of the upland then owned by the city or such other upland as the city might have acquired after that date. Chapter 70 of the Statutes --,f 1927 grants tide and submerged lands bordering upon, in, and under Newport Bay anti not granted to the City of Newport Beach or the County of Orange prior to July 29, 1927, to the.. city. Both grants arv� subject to the conditions that (1) the lands be used for a harbor and related facilities, as specified, for the promotion or accornmodattwi of cornintrce and navigation, (2) the lands rnay be leascd under certain, circurnstxicc:s, (3) the harbor be irnprovet.: by the city and rernain a public harbor, (4) no discrimination be permitted with respect to the harbor and related facilities, arid (5) public fish-MV, rights be reserved. Chapter 813 of the Statutes of 1929 grants title lands, suhnne.rged lands, and filled lands lying %within the corporatt- limits of the city, bordering upon, in, and under th(-. Pacific Occan, and not granted to the city or county prior to August 14, 1929, to the city subject to the idt:ntical conditroils. Chapter 574 of the• Statutes of 1929 supersedes a ;rant to the county made by Chapter .525 of tire, Statutes of 1919 and the grants to the city made by Chapter 4.9.1 of the Statutes of 1919 and Chapter 70 of the Statutes of 1927 1,y author- izing; leases for 50, rather than 23, years (Chapter 526, Statute,; cif 1919, however, was amended by Chapter 575, Statutes of 1921! to provide for such 50-year pe-riod). Chapter 142 of the Statutes of 192ir and Chapter 200 of the Statutes of 1931 confirm the line of ordin,:ra, }sigh tide in various parts of Newport Bay as established in speciiie cl judicial decrees, and Chapter 200 declares that certain lands 1� in:; alxlve such line constitute natural accretion to d :sc:riha'C uplands :-tnci belong to and arii'a°part thereof, Y `e This bill %youtd repeal all of the foregoing provisions or existing la�� '. - { Ch. 74 —2— an d would grant in trust to the city.all tide and submerged lands, '"' - } whether filled or unfilled, bordering upon and under the Pacific Ocean or Newport Bay, which were within the corporate limits of the city on July 25, 1919. This grant would be subject to conditions J .. - similar to those to which the aforementioned grants of 1919,1927, and i 1929 were subject and would also be subject to the following addition- s - al conditions: r (1) `The city would be required to use the lands for specified recreational purposes and., facilities and to preserve, maintain,'and - , enhance the lands in their natural state. MS (2)_ The city would be authorized to lease specified lots, las de- e >: scribed, with rent therefor to be the fair market rental value of such .' } lots as finished subdivided lots: :T (3) The city would be authorized to transfer. granted lands to the state acting through the State Lands Commission for lease to the Department of Fish and Game for an,ecological reserve or wildlife . refuge, or both, and other compatible uses to be undertaken by the department. (4) The city would be required to establish a separate tideland trust fund and to manage and expend tidelands revenues in a spec i- :.:... . ; fled manner. (5) The city's compliance with the terms of the grant would be subject to review by the State Lands Commission, and the grant . ' would be subject to revocation under certain circumstances. (6) The city would be required to pay to the state all revenues ... ; .,. = s r .... ,. '�+ received from the production of oil, gas, and other minerals derived • from, or attributable to, specified real property. Whenever practica- ble, the city would be required to obtain mineral rights in certain real property. Further, the bill would require the city to establish a city tideland ,capital fund, into which revenue from the lots mentioned in (2), .: above, would be required to be deposited. Such revenues would be available only for the acquisition of real property that will further the purposes of the trust created by the bill and only with the approval of the commission. ' - Further, the bill would release the lands consisting of the described lot.%mentioned in (2), above, from the public trust for commerce, navigation, and fisheries upon the city's acquiring or transferring other lands, as approved by the commission, that will further the purpose of the trust. The bill would also specify that the Legislature reserves the right to amend, modify, or revoke, in whole or in part tidelands and sub- merged lands granted and conveyed in trust pursuant to the bill provided that the state would thereupon be required to assume all lawful transactions and obligations related to such lands. The bill would provide that neither appropriation is made nor obligation created for the reimbursement of the city for apy costs incurred by it pursuant to the bill. The bill would take effect immediately as an urgency statute. The people of the State of Californpa do enact as follows: SECTION 1. ' There is hereby granted to the City of Newport Beach and its successors all of the right, title, and interest of the State - California held by the state by virtue of its sovereignty in and to of all that portion of the tidelands and submerged lands, whether filled or unfilled, bordering upon and under the Pack Ocean or Newport Bay in the.County of Orange, which were within the corporate limits of the City of Newport Beach, a municipal. corporation, on July 25, - 1919; the same to be forever held by the city and its successors in trust for the uses and purposes and upon the following express conditions: f (a) That the lands shall be used by the city and its successors for purposes in which there is a general statewide interest, as follows: (1) For the establishment, improvement, and conduct of a public harbor; and for the construction, maintenance, .and operation thereon of wharves, docks, piers, slips, quays, ways, and streets, and other utilities, structures, and appliances necessary or convenient%r the promotion or accommodation of commerce and navigation. (2) For the establishment, improvement, and conduct of public 'bathing beaches, public marinas, public aquatic playgrounds, and similar recreational facilities open to the general public; and for the construction, reconstruction, repair, maintenance, and operation of �,��„�y,,a�.�-�,�,,�,���,_, all works, buildings, facilities, utilities, structures, and appliances ".y '. incidental, necessary,, . or convenient for the promotion and accommodation of any such uses. * .. , 7 _ I .. ` ' (3) For the preservation, maintenance, and enhancement of the lands in their natural state and the reestablishment of the natural state of the lands so that they may serve as ecological units for .scientific study, as open space, and as environments which provide . food and habitat for birds and marine life, and which favorably affect the scenery and climate of the area. - (b) Except as otherwise provided in this section, the city or its successors shall not, at any time, grant, convey, give, or alienate the lands, or any part thereof, to any individual, firm, or corporation for any purposes whatever; except, that the city or its successors may, grant franchises 'thereon for a period not exceeding 50 years for wharves and other public uses and purposes and may lease the lands, or any part thereof, for a period not exceeding 50 years for purposes consistent with the trust upon which the lands are held by the state and with the uses specified in this section. (c) The lands shall be improved without expense to the state; provided, however, that nothing contained in this act shall preclude expenditures for the development of the lands for the purposes authorized by this act, by the state, or any board, agency, or commission thereof, ' or expenditures by the city of any funds received for such purpose from the state or any board, agency, or r o Ch. 74 - 4 - commission thereof. (d) In the management, conduct, operation, and control of the lands or any improvements, betterments, or structures thereon, the city or its successors shall make no discrimination in rates, tolls, or charges for any use or service in connection therewith. (e) The state shall have the right to use without charge any transportation, landing, or storage improvements, betterments, or structures -constructed upon the lands for any vessel or other .. watercraft or railroad owned or operated by the state. There is hereby, reserved to the people of the state the right (� _ to fish in the waters on the lands with the right of convenient access to the waters over the lands for such purpose, which rights shall be subject, however, to, such rules and regulations as are necessary for the accomplishment of the purposes, specified in subdivision (a) of this section. . (g) Notwithstanding any provision of this section to the contrary, - the city may lease the lots located within Parcels A, fi, and C described in Section 6 of this act for the purposes set forth in this section and for a period not to exceed 50 years. The consideration to ; be received by the city for such leases shall be the fair market rental t =: 3 value of such lots as finished subdivided lots with streets constructed and all utilities installed. The form of such leases and the range of-•, consideration to be received by the city shall be approved by the State Lands Commission prior to the issuance of any such lease. All money received by the city from such existing and future leases of such lots shall be deposited in the city tideland capital fund in , accordance with the provisions of this act. _(h) With the approval of .the State Lands Commission, the city • �, . ;: - w , : may transfer portions of the lands granted by this act, or held ~ pursuant to this act, to the state acting by and through the State Lands Commission, for lease to the ;Department of Fish and Game for an ecological reserve or wildlife refuge, or both, and other_ compatible uses to be undertaken by the department; provided, however, that if at any time the Department of Fish and Game no longeruses such portions of the lands so transferred by the city to the • state for such purposes, the lands so transferred shall revert to the city to be held pursuant to the provisions of this act. Upon approving such a transfer from the city to the state, the State bands Commission shall lease the lands so transferred to the Department of Fish and Game. The public benefit shall be the sole considerat,,")n to be received by the State Lands Commission from the Department of Fish and Game for that lease. Any and all income received by'the Department of Fish and Game from the lands so leased shall be used only in connection with the department's improvement and administration of, the leased lands.. (i) The city shall establish a se crate tidelands trust fund fd r un s in such manner as may be approved by the State Lands Commission, ` x and the city shall deposit in the fund or funds all moneys received PAR'- ",.+'S. awl C r A .'•.: ' 9 'e 'y,j v. b� '� Y i Cie CerI11111d9.1V1II- 1ai uic cawII --., — — — ------ -- city that such capital improvement is not authorized, the city shall not disburse any revenue for or in connection with such capital improvement unless and until it is determined to be authorized by a final order or judgment of a court of competent jurisdiction. The - city is authorized to bring suit against the state for the purpose of securing such on order or adjudication, which suit shall have priority over all other civil matters. Service of process shall be made upon the Executive Officer of the State Lands Commission and the Attorney General, and the Attorney General shall defend the state in such suit. If judgment be given against the state in such suit, no costs shall be recovered against it. (1) On June 30, 1978, and on June 30 of every third fiscal year thereafter, that portion of the city tideland trust revenues in excess of two hundred fifty thousand dollars ($250,000) remaining after_ deducting current and accrued operating costs and expenditures directly related to the operation or maintenance of tideland trust activities shall be deemed excess revenues. However, any funds deposited in a reserve fund for future capital expenditures or any funds used to retire bond issues for the improvement or operation of the , granted lands shall not be deemed excess revenue. Capital improvements of the granted lands for purposes authorized, by this act, including such, improvements on lands transferred to the state pursuant to subdivision (h) of this section and paid for by; the city, Ch. 74 — 6 — with subdivision (k) of this section. The excess revenue, as determined pursuant to this subdivision, shall be allocated as follows: 85 percent shall be transmitted to the State Treasurer for deposit in the General Fund in the State Treasury, and 15 percent shall be .:retained by the city for deposit in the trust fund for use for any :purpose authorized by subdivision 0) of this section: ,'),(m) At the request of the city, the State Lands Commission shall grant an extension of time, not to exceed 30 calendar'days, for filing any report or statement required by this act, which was not filed due to mistake or inadvertence. , (n) in the event that the city fails or refuses to file with the State Lands Commission any report, statement, or document required by any provision of this act, or any extension period granted pursuant to this act, or fails or refuses to carry out the terms of this act, the Attorney General shall, upon the request of the State Lands 'Commission, bring such judicial proceedings for correction and enforcement as are. appropriate and shall act to protect any improvements to, or assets situated upon, the granted lands or diverted therefrom. The State Lands Commission shall notify the Chief Clerk of the Assembly and the Secretary of the Senate within :,. 30 days'of the occurrence of such .failure or refusal and of actions taken as a result thereof. {o) The State . Lands Commission shall, from time to time, recommend to the Legislature such amendments as it may deem necessary in the terms and conditions of this act. (p) The State Lands Commission shall, from time to time, institute a formal inquiry to determine that the terms and conditions of this act, and amendments thereto, have been complied with in good faith. (q) On or before December 31 of each year, the State Lands Commission shall report to the Chief Clerk of the Assembly and to the Secretary of the Senate the full details of any transaction or condition reported to the commission pursuant to this act which it deems in probable conflict with the requirements of this act or with any other provision of law. Upon request by resolution of either house of the Legislature, or upon formal request of the State Lands Commission made only after a noticed public hearing at which the city has been given an opportunity to express fully any disagreement with the commission's findings or to describe any extenuating circumstances causing the violation, the Attorney General shall bring an action in the Superior Court in the County of Orange to declare that the grant under which the city holds such tidelands and submerged lands is revoked for gross and willful violation of the provisions of this act or any other provision of law or to compel__ compliance with the requirements of this act and any other provision of law. :.(r) The city shall cause to be made and filed annually with the State Lands Division a detailed statement of receipts and c 95 180 1 Ch. 74 expenditures by it of all rents, revenues, issues, and profits in any manner arising after the effective date of this act from the granted lands or any improvements, betterments, or structures thereon. (s) The Department of Fish and Game shall establish the funds + mac} �;` �k '�' ^""'.�'-`''''' "' and make the deposits required by subdivision (i) of this secti on and ,..r a shall and file statements required by subdivision (r) of this - prepare section as to any lands transferred to the state pursuant to subdivision ` of this section. ,(h) The provisions of Chapter 2 (commencing with Section 6701) of Part 2 of Division • 6 of the Public Resources Code shall be applicable to this section. The provisions of Section 6359 of the Public Resources Code shall not be applicable to this section. : • ; :=� Notwithstanding any other provision of this act, the city shall ' ' to the state all revenues received from the production of oil, gas, :• . pay derived from or attributable to the real property and other minerals described in Section 6 of this act and the real property acquired by the city pursuant to Section 2 of this act. Whenever practicable, the city shall obtain the mineral rights in real property acquired pursuant to Section 2 of this act. :. .. SEC. 2. The City of Newport Beach shall establish a city tideland capital fund as one of the funds required by subdivision (i) of Section 1 of this act.. All money received by the city pursuant to the provisions of subdivision (g) of Section 1 of this act shall be deposited in the fund. The city may also deposit such other income from the lands granted to the city in trust by this act as the city deems appropriate. All money in the fund shall be used by the city in conformity with the following terms and conditions: • : . . (a) Expenditures from the fund may be made only for the acquisition of real property that will further the purposes of the trust created by this act and for capital improvements for such purposes, to be constructed on such real property so acquired, and the operation and maintenance thereof. (b) The city is authorized to make such acquisitions of real property by purchase, gift, or other conveyance, including, but not limited to, the transfer of city -owned property held in a municipal capacity to the trust created by this act. All such real property shall be held by the city in trust pursuant to the provisions of this act. • (c) For purposes of this section, acquisitions of real property by the city for purposes of enhancing the lands administered by the Department of Fish and Game pursuant to Chapter 415 of the Statutes of 1975 shall be deemed to be in furtherance of the purposes of the trust created by this act. (d) No capital expenditure or transfer pursuant to subdivision (e) of this section may be made from the fund without the advance approval of the State lands Commission. (e). The city may expend municipal funds to acquire real property for purposes specified in this section. The city may transfer amounts from the city tideland capital fund to reimburse municipal funds for 1 'such expenditures, together with an appropriate amount of interest on such funds advanced, if such expenditures of municipal funds are made after the effective date of this act and the State Lands Commission gives advance approval of such a transaction. SEC. 3. The Legislature makes the following findings and determinations: (a) By Chapter 70 of the Statutes of 1927, as amended, the Legislature conveyed certain tide and submerged lands in trust to the City of Newport Beach for the purposes therein stated, primarily for the promotion and accommodation of commerce and navigation. '(b) Certain portions of such tide and submerged lands have been filled and reclaimed as a result of a plan of improvement of the granted tide and submerged lands, including the development of a. harbor facility. Such portions are as described in Section 6 of this act and hereinafter are referred to as Parcels A, B, and C. (c) Those portions of Parcels A, B, and C, as described in Section 6 of this act, which are shown as numbered lots on the Record of 'Survey recorded in Book 13, Page 42, and the Record of Survey recorded in Book 9, Pages 42 and 43, both in the office of the County Recorder of the County of Orange, together with those portions of Parcel A, as described in Section 6 of this act, which are shown as numbered lots on the City Map of East Side Addition to Beacon Bay on file in the office of the City Engineer of the City of Newport Beach, being a relatively small portion of such granted tide and submerged lands, have been divided into lots and leased and are producing income to support the statutory trusts under which such tide and submerged lands are held by the city, and, except for the production of income to support such trusts, are no longer required or needed for the promotion of such trusts. (d) The lots located within Parcels A, B, and C, inclusive, having been filled and reclaimed, are no longer submerged or below the mean high tide line and are no longer needed or required for purposes of navigation, commerce, and fisheries and are freed of the public trust for navigation, commerce, and fisheries, and may continue to be used for those purposes set forth in the existing leases and subleases of such lots, but shall continue to be held in trust by the City of Newport Beach subject to the other terms and provisions of this act and other laws applicable to the tide and submerged lands included in the grant to the city. Further, such lots shall be so held subject to the condition that the revenues derived from the leasing or administration of such lots shall be used as provided in this act. Nothing in this subdivision shall operate to terminate the public trust for navigation, commerce, and fisheries over those portions of Parcels A, B, and C which are streets and beaches of Newport Bay. The determination and finding set forth in this subdivision shall become effective as provided in Section 4 of this act. (e) The release of the lots within Parcels A, B, and C, inclusive, from the public trust for commerce, navigation, and fisheries to the 3 _4=:"�,a�a'T 95 240 OFk-m- 7,n7, _ g Ch. 74 extent expressed in subdivision (d) of this section is in the best interests of the people of the state. 'SEC. 4. The findings and determinations in Section 3 of this act .. terminating the public trust for navigation, commerce, and fisheries 10- over the lots located within Parcels A, B, : and. C shall become effective upon the city's acquiring or transferring such parcels of real. property, pursuant to Section 2 of this act, as the State Lands Commission shall determine to : be appropriate, taking into consideration the size of the area affected by the termination, the trust purposes that can-. be accomplished by such acquisition or "transfer, and the value of the real property acquired or transferred arad upon the recording of an appropriate document in the Office of, the County Recorder of the County of Orange reflecting the State Lands Commission's determination. ' SEC. 5. The lands granted pursuant toSection1 of this act shall be held by the city subject to the express reservation and condition that the state may at any time in the future use the lands, or any portion thereof, for highway purposes without compensation to the city, its successors or assigns, or any person, firm, or public or private corporation claiming under it; except that, in the event improvements have been placed upon the property taken by the state for such purposes, compensation shall be made. to the person entitled thereto for the value of such person's interest in the improvements taken or the damages to such interest. The provisions of this section shall not be applicable to the lots located within Parcels A, B, and C. SEC. 6. The parcels of real property referred to in this act are prescribed as follows: PARCEL A ; Beginning at Station No. 8 in the Lane of Mean High Tide per judgment rendered in Case No. 20436, Superior Court of California, County of Orange, recorded in Book 651, page 72 of Deeds, records of said Orange County, said Station No. 8 being at the _easterly terminus of that certain course in said Line of Mean High Tide shown as "North 71° 54' 00' West, 1573.34 Feet" on a map of Tract No. 4003 recorded in Book 188, pages 13 through 19 of Miscellaneous Maps, records of said Orange County, said beginning being a 1'/z' iron pipe as shown on said map of Tract No. 4003; thence along said Line of Mean High Tide, South 85° 40' 37' East, 606.01 feet to a point in a line parallel with and 100.00 feet easterly from the easterly line of Lot C as shown on a map filed in nook 9, pages 42 and 43 of Record of Surveys, records of said Orange County; thence along said parallel line South 160.46 feet to a point in the Ordinary High Tide Line per judgment rendered in Case No. 24026, Superior Court of California, County of Orange, recorded in Book 199, page 275 of Official Records of said Orange County, said point being the True Point of Beginning of this description; thence along said Ordinary ]High Tide Lane the following courses: North 82° 30' 00' West, 297.66 feet to an angle point 95 270 therein; thence South 84° 00' 00" West, 160.00 feet; thence South 57° _ ,`` 00' 00" West, 100.00 feet; thence South 32° 52' 00' East, 243.24 feet to a line that is parallel with and distant 28.00 feet northerly, measured at right ,angles, from the .U.S. Bulkhead Line, as show,l on U.S. Engineer's Map of Harbor Lines of Newport Bay, dated March 20, v ` 1936, and approved April 28, 1936; thence leaving said Ordinary High j� ; Tide Line and along said parallel line East, 148.00 feet to the( ' southeasterly corner of Lot 19•.as shown on a map filed in Book 9, pages 42 and 43 of Record of Surveys, records of said Orange County; thence along the easterly line of said Lot 19 North 100.00 feet; thence East:40.00 feet; thence South 100.00 feet; thence East 198.10 feet to a line parallel with -and distant 20.00 feet westerly, measured at.,right angles from that certain course and southerly prolongation thereof, recited as, "South,-160.46 feet"; thence along said parallel line North 132.00 feet; thence East 20.00 feet; thence North 104.64 feet to the True Point'of Beginning of this description. —Containing 2.694 acres, more or less. , PARCEL B Beginning at U.S. Bulkhead Station No. 200 as shown on map entitled "Harbor Lines, Newport. Bay Harbor, California," Sheet 1 of 2 of File Map No. 938, dated March 20, 1936, and approved April 28, 1936, and on file in the office of the U.S. Engineer, Los Angeles, California, also being on the Ordinary High Tide Line per judgment rendered in Case No. 24026, Superior Court of California, County of Orange,- recorded in Book 199, page 275 of Official Records of said r[,y •, er,�,y� Orange County, said beginning being a 2' iron pipe as shown on a snap of Tract 3867, recorded in Book 301, pages 40 through 46 of Miscellaneous Maps, records of said Orange County; thence along said Ordinary High Tide Line as described in said Book 199, page 275 (i of Official Records, North 39° 48' 00" West, 36.44 feet to a Dint in a ` P �4 line that is parallel with and distant 28.00 feet northerly, measured at right angles, from the U.S. Bulkhead Line as shown on said U.S. Engineer's Map, said point also being the True Point of Beginning of this description; thence continasing along said Ordinary High Tide Line,' North 39° 48' U(3" West; 432.17 feet; thence leaving said Ordinary High Tide Line, South 56° 56' 29" West, 32.24 feet to a point in a nontangent curve, concave northwesterly and having a radius of 171.63 feet, a radial line of said czlrve from said point bears North 67" 48' 00" West; thence southerly and southwesterly along said curve 76.60 feet through a central angle of 25° 34' 20" to a point nontangencv with a line that is parallel with and distant 105.32 feet southwesterly' measured at right angles, from that -certain course recited above�as "North 39" 48' 00' West, 432.17 feet"; thence along said parallel line, South 30" 48' 00" Fast, 328.27 feet to said line described above as being parallel with and distant 28.00 feet M northerly, measured at right angles, from the U.S. Bulkhead line as t shown on said U.S. Engineer's Map; thence along said parallel line, East, 137.09 feet to the True Poizit of Beginning of this description. d• :iFi+..++��1;7 Lrt„� .i"1 \ •��"� '�jSl �ulr'S^y,.,P.,A� u-sss r �i 3^''s��`r'r,:i�r i'�»+..'`f?�4,"�'p^S'��,'}{�T•�'�?Jr'.,:1; -11 Ch. 74 Containing 0.925 acre, more or less. PARCEL C Beginning at U.S. Bulkhead Station No. 200 as shown on map entitled "Harbor Lines, Newport Bay Harbor, California, Sheet o 2 of File Map No. 958, dated lurch 20, 1936, and approved April 28, 1936, and on file in the office of the U.S. Engineer, Los Angeles, California, also being on the Ordinary High Tide Lane per judgment rendered on Case No. 24026, Superior Court of California, County of Orange, recorded in Book 199, page 275 of Official Records of said Orange County, said beginning being a 2' iron .pipe as shown on a map of Tract No. 3867, recorded in Book 301, pages 40 through 46 of Miscellaneous Maps, records of said Orange County; thence along said Ordinary High Tide Line as described in said Book 199, page 275 ,.of Official Records, North 39' 48' 00" West, 539.22 feet to the True Point of Beginning of this description; thence continuing North 3T 48' 00' West, 146.59 feet; thence South 23' 57' 30' West along the southwesterly prolongation of that certain course described in said Case No. 24026 as "North 23° 57' 30' East, 138.90 feet" a distance of 126.34 feet to a line that is parallel with and .distant 113.32 feet southwesterly, measured at right angles, from that certain coarse recited above as -North 39" 48' 00' West, 146.59 feet"; thence along said parallel line, South 39° 48' 00' East, 137.64 feet to a point in a nontangent curve, concave northwesterly and having a radius of 131.63 feet, said -curve being concentric with and 40.00 feet northwesterly, measured radially, from that certain curve described in Parcel B above as having a radius of 171.63 feet, a radial line of said curve from said point bears North 39° 28' 52' West; thence northeasterly and northerly along said curve 7456 feet through a central angle of 32° 27' 23'; thence tangent to said curve, North IT 03' 45' East, 50.27 feet to the True Point of Beginning of this description. Containing 0.387 acre, more or less. SEC. 7. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. SEC. 8. Chapter 494 of the Statutes of 1919 is repealed. SEC. 9. Chapter 70 of the Statutes of 1927 is repealed. SEC. 10. Chapter 142 of the Statutes of 1929 is repealed. SEC. 11. Chapter 574 of the Statutes of 1929 is repealed. SEC. 12. Chapter 813 of the Statutes of 1929 is repealed. SEC. 13. Chapter 200 of the Statutes of 1931 is repealed. SEC. 14. No appropriation is made by this act, nor is any obligation created thereby under Section 2231 of the Revenue and Taxation Code, for the reimbursement of the City of NewportBeach for any costs that may be incurred by it in carryinK pro or performing any service required to be carried on or performed by 95 320 X STRUCTURAL DESIGN CALCULATIONS for BULKHEAD at 101 HARBOR ISLAND DRIVE NEWPORT BEACH, CA Prepared for MR. THOMAS E. ELLISON Prepared by RICHARD K. SHOGREN & ASSOCIATES Consulting Civil Engineers 12755 Brookhurst St., Ste. 203 Garden Grove, CA 92640 (714) 636-1620 Project No: 233/543 22 June 1990 (>C A-- I3,5& �C3 JOB S PIL.G RICHARD K. SHOGREN & ASSOCIATES Consulting Civil Engineers 12755 Brookhurst St. #203 Garden Grove, CA 92640 (714) 636-1620 SHEET NO.rAeI-JF:-' CM-- Ce-E '"ML KXU5- OF t CALCULATED BY /- e7 YQQ0(+ DATE 4,0I211'10 CHECKED BY-jj JL.iy-."�:. DATE- 10 � Z2 / I b SCALE JOB RICHARD K. 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RICHARD K. SHOGREN & ASSOCIATES Consulting Civil Engineers 12755 Brookhurst St. #203 Garden Grove, CA 92640 (714) 636-1620 JOB SHEET NO. OF CALCULATED BY Gn�� DATE 6�1` 26 Q a CHECKED BY 2y/ DATE L e SCALE JOB ��-USowl SggFf -r- RLr-- RICHARD K. SHOGREN & ASSOCIATES Consulting Civil Engineers 12755 Brookhurst St. #203 Garden Grove, CA 92640 (7141 626-1620 SHEET NO. f OF CALCULATED BY 6--2yDATE CHECKED BY 2416 DATE Z'lj�j/� SCALE I'I - � •� elx' !�/ff n or/ ecA l ro r All) �r Q SEW PO�� ,V ? cq�E FORN�P CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 October 25, 1990 Richard Shogren & Associates 12755 Brookhurst Street Ste 203 Garden Grove, CA 92640 Re: Harbor Permit 135-101 for a concrete bulkhead adjacent to 101 Harbor.Island Drive Dear Mr. Shogren: I apologize for the delay in writing to you. This has been a problem that has so far eluded solution. When I originally spoke with Mr. Ellison I indicated to him that, based on the lease between Thomas E. Ellison, Jr., and William J. Ellison with the City of Newport Beach, those parties had the responsibility for maintaining the lease area. It was then our understanding that they would be responsible for rebuilding the failing wall, which we assumed was within their lease boundaries. However, since you have taken the description of the leased premises and plotted it on the drawing of the property, it appears that the area in question is out over State Tidelands and outside the leased premises. In the past the City has not allowed bulkheads or fill over State property. In a review of the files the indication is that no permit was issued for the old wall that is now in place. It is our opinion that the State Lands Commission, the Army Corps of Engineers or the Coastal Commission would not issue a permit for the wall, and since the wall is built, without a permit, over State Tidelands, it must be removed. If you have questions in this regard please call me at 644-3044. Sincerely, Tony Melum, Tidelands Administrator 3300 Newport Boulevard, Newport Beach C�5 _��",to l �f w May 17, 1990 Thomas E. Ellison 19 Lochmoor Lane Newport Beach, Ca. 92660 re: seawall at 101 Harbor Island Dr. Dear Mr. Ellison: The Marine Department has received a complaint regarding the seawall at 101 Harbor Island Drive. Specifically, the complaint is that the wall is in disrepair and in an unsafe condition. A field inspection conducted on May 4, 1990, found the wall to be collapsing and in need of repair. According to the terms of the Lease, outlined in section 8, between the City and the Lessee of the above mentioned property, the responsibility to maintain the seawall is yours. section 8.... "Lessee shall, at all times during the terms of this Lease and at its sole cost and expense, keep and maintain all buildings, structures, and other improvements on the Leased Land in good order and repair, and the whole of the Leased land and all improvements thereto .....i1 Please take the necessary steps to repair the above mentioned seawall. A Harbor Maintenance Permit must be obtained from this department as well as any permits that may be required from the Building Department. If you need to discuss this further, please contact Mr. Tony Melum at the Marine Department, 644-3044. Sincerely, ides Armand, Harbor Inspector cc: Beacon Bay Homeowners Association Llyod Dalton, Building Department RICHARD K. SHOGREN & ASSOCIATES Consulting Civil Engineers 12755 Brookhurst St. Suite 203 Garden Grove, California 92640 (714) 636-1620 TO CITY OF NEWPORT BEACH Newport Beach, CA 92659=1768 > WE ARE SENDING YOU Attached ❑ Under separate cover via LFEUTEa of UMMSEDUML DATE 8 20 2 ATTENTION TONY MELUM RE: ELLISON PROPERTY — Sketch showing propprty line and elevations ❑ Shop drawings X Prints ❑ Plans ❑ Samples ❑ Copy of letter ❑ Change order ❑ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION P THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution _54'As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Ac'C'I [. H-E P..o �' Pv gI,, � I..Ir� . S Qyor a rL'I; -t L% a I✓S 1►APo�IGr� e�J 90-oJC!r&"C 6-IrL "L o.J A. �.. ii LrZ ��G >✓. '�o �t 1rgj'LA ho 'j P c. a.r.� , -rrc l S cn►-�GL, c oL. rV IF_�,-p �j L.%e-' ji,�v . COPY TO_ SIGNED: If enclosures are not as noted kindly notify us at once. PRODUCT 240-2 ees Inc., Grow, Maw. 01471, PO U C�C�FOR�.,P (--`11TY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 May 17, 1990 Thomas E. Ellison 19 Lochmoor Lane Newport Beach, Ca. 92660 re: seawall at 101 Harbor Island Dr. Dear Mr. Ellison: The Marine Department has received a complaint regarding the seawall at 101 Harbor Island.Drive. The complaint is -that the wall is in disrepair and inanunsafe condition. A field inspection conducted on May 4, 1990, found the wall to be collapsing and in need of repair. According to the terms::of a Lease:of.the subject property between yourself and the City of.,Newport Beach, dated _ February 1, 1990, specifically section 8, the responsibility to maintain the seawall is yours.. section 8...."Lessees shall, at all tunes during the term of this ',ease and at its sale cost and sxpense, keep and maintain all buildings, structures, and other improvements on the Leased Land in good order and repair, and the whole of the Leased land and all improvements thereto ....." Please take the necessary steps to repair the above mentioned seawall. A Harbor Maintenance Permit must be obtained from this department as well as any permits that may be required from the Building Department. If you need to discuss this further, please contact Mr. Tony Melum at the Marine Department, 644-3044. Sincerely, Wes Armand. Harbor Inspector 3300 Newport Boulevard, Newport Beach ASSR1/2 ** DISPLAY ASSESSOR'S DATA ** 05/15/90 10.14 Parcel Number: 05022004 Tax Rate Area: 07001 Agency/Class: Situs: 101 HARBOR ISLAND DR Zone Code: ----------- V a l u e s--------- Owner(1): CITY OF NEWPORT BEACH Prior Land: 182,092 Year: 75 Prior Impr: 31,4.57 Year: 75 Owner(2): Exemption: 213,549 Type: X Mail: %ELLISON, THOMAS E Pers/Prop: 0 Key: _ 19 LOCHMOOR LN Pers/P Exmp: 0 NEWPORT BEACH, CA 92660 Inventory: 0 Invtry Exmp: 0 Fixtures: 0 Ownr Chng: Fix Exmp: 0 Tax Stat: Sold/State Yr: H/O Exmp: 0 Key: Assr Use: _ _ Real Est Amt: 0 Weed Abmt: Mstr Zone: Acres: ASSR1/2 ** DISPLAY ASSESSOR'S DATA ** 05/15/90 10:14 Parcel Number: 05022003 Tax Rate Area: 07001 Situs: 107 HARBOR ISLAND DR Zone Code: Owner(1): CITY OF NEWPORT BEACH Owner(2): Mail: %DEVINE, DOROTHY I 107 HARBOR ISLAND RD NEWPORT BEACH, CA 92660 Ownr Chng: Tax Stat: _ Sold/State Yr: _ Assr Use: Weed Abmt: _ Mstr Zone: Acres: Agency/Class: ----------- V a 1 u e s--------- Prior Land: 194,625 Year: 75 Prior Impr: 50,672 Year: 75 Exemption: 245,297 Type: X Pers/Prop: 0 Key: _ Pers/P Exmp: 0 Inventory: 0 Invtry Exmp: 0 Fixtures: 0 Fix Exmp: 0 H/O Exmp: 0 Key: Real Est Amt: 0 14-1 - N11 Ir �� f?POP, F!_o�T nil �/r= k� it 0.00, 111 1 eyl.5-r A.AILIJI 11 41AIe .00 Pj VICINITY SKETCH 10, \Rz Vp 7n l i=04 7' 49. I-q 7.6 4 ->,C, 'n G --- " _..- PPOF rl-0,47- .4 PP 7 /0/,/ i OZ e"- 0 P P � I*` I S U NO E RC; E D, E ED R EV I Sl 0aM N EW C Cr f4� t 1'vI 5 I � � r- 919131, Gi f, E4VII " F-60,,-,T FOP AF ADPIA1.41 Wj S(-,Vl N91 94C-9041 1.6_1AVf:l I� YC-WPOP7' r09710N ON N,W - A j +�e-f-Tl?tQ 1 7.4oG,, G"ArvTS MR . w2 s, -nWAA eo M. %-W 50N 'R . I o w S, $, r3A4 M , A-(-.50 494WM AS s .or G 4V9�ST 5'1P0 #,M7'1%, WAOaM J�dE urf ar 4 F #f, -�a 8 ,4 po es ss t O l 4A954R 141-M ?90A D CoAlrw c ro At -ro 0910c4crroo OA re 5 - ro - 61 MY OF NE' ,"PICRT HARBOR pEftmIssloN is y MAINTAIN TffE F.,!,CIUT-Y AT THE SITE THE HARZOR ANY SPEC,5AL IS NOT TPANZ-F, T.H E CITY N; Ra 0.1". Cr. RIGHTS GIVEN u.,qD-El, RE P E i AND TUCS pErMT filAll 1. ACCORDANCZ WT4i 1,TLE 41 V N" kj. C;! SPECIAL of C�lhor jr ICI T � vim' d*p4e7' d-�C4Ce41 1 << _ q�Y A U 5_! •TIC dL AP • .(l Jv�wmrr 4"tT rra4 ��4ry Q ® tlwttloA lc4arp k. — .7C — 1j C` 8 �aqq 1 e— 5r. ,MUv WAS " 4 0 y tatm.v� PROF1 L� r 40�- _ l/ $ 8 ti! I TY 9 K iC y-7 •maaP J4r rr Cwsr NX-0-ORr' DAY, C�'A1l6oaNIA i Jerry. ' y= t w ti a SOu.-idin�s o►e �.gpaessco° /sr /etl^f One cl"no"e d�pfhs, be/aw Mea>r Gos+/er Gotor b./®r�rr. itNoxnow.a, • h'ca,-60r /.ires g 4:7re c'ar'ofi//'glred i.9 r�biis . s�crliorr of'Mew�r¢ Bor s • a ti 4� < r k PAU�NE DEPARTMENT c/o CITY HALL r t� �roFV t 40 ` ' - ' 33M NEWPORT BLVD. I �' NEWPORT BEACH, CA 92663 South Coast Regio�tal COMmission f-----�---- APPROVAL g o R `. ,5 L 'k N' 0 C H A N it hl L. Pe o,", Cj By: Po9-rlON ON NM-1/4-/6g(-TCoN S,T.wS/ P-t:W 5Ofz .1 o w 1.44 g," ,"% M I kc.SD !LN VJU AS oT G w "71 151 V5 h 991 TI&J I i 06AON evo 7 , 4471 aF N. EV-H, .%B 40DZSSS 101 449NR I47I.AN© ROAD CeAlr-VACToAW 70 09'aD OAre 5• (a•61 :at - DP:ag StateVf California, Edmund G. Brown Jr., Governor 8-26781 California Coastal Commission 5-81-150 SOUTH COAST DISTRICT COASTAL DEVELOPMENT PERMIT NO. 666 E. Ocean Blvd., Suite 3107 2 Long Beach, CA 90801 Page 1 of (213) 590-5071 per. August-,1.9, 1981 The California Coastal Commission granted to Mr.- and Mrs. Thomas E. Ellison, 19 Lochmoor Lane, Newport Beach, CA 92660 this permit for the development described below, subject to the attached Standard and Special conditions. Demolish existing pier and ramp and construct new pier and ramp in conjunction with existing SFD. Project is between the nearest public road and the sea. Public access exists nearby. SITE: 101 Harbor Island Drive Newport Beach, CA Issued on on behalf of the California Coa IMPORTANT: THIS PERMRT IS NOT VALID UNLESS AND UNTIL A COPY OF THE IgE� SIT WITH TGIF SIGNED ACKNr,0V' I.EP ':E1V! NT HAS BEEN RE- TURNED TO THE C MiAIs SCION OFFICE. Executive Director and -- C `.• / �dp Z ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. Date Signature of Permittee 5/81 Coastal Development Permit No. 5-81-150 Page 2 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and construction shall' not commence.until a copy of e 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. Expir�at on. If construction has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Construction 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. Compliance. All construction must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Ins ections. The Commission staff shall be allowed to inspect the site and the development during construction, subject24-hour advance notice. 6. Asssii�nment. The permit may be assigned to any qualified person, provided assignee files with the Commission an iffadavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the ommission and the perm ttee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: NONE SCate:af . Osl + mia, Mmz-4 G. hie, ._ : , fiv wror Wifgrnia Cb&sW Ommissim \ South Coast District Offiae 666 E. Omw.. Boulevard, Suite 3107 1== Bead?, California 90801 NOTICE OF PUBLIC HEARING (213) 590-5071 (714 646-0646 Date: iI)A"+ 1% 19'Y1 Time: 9 170 a.m. Place: Board of Supervisors 105 E. Anapamu Santa Barbara, CA 93101 The proposed development described on Page 2 of this notice is scheduled for a public hearing before the California Coastal Commission at the time and date indicated above. This item has been tentatively scheduled as follows: - ❑ Administrative Permit d Consent Calendar its. Extension Request i ' AUG13 1981, Adoption of FindingsEl Request for Reconsideration ❑ Material Amendment ❑ Hearing and Voting on Regular Calendar Permit Applications ❑ Continued Hearing and Voting on Regular Calendar Permit Applications ❑ Public Hearing on Regular Calendar Permit Applications ❑ Substantial Issue Determination and Hearing and Voting on Appeals from Local Government Decisions ❑ Continued Hearing and Voting on Appeals from Local Goner=gent Decisions ❑ Other: Information on Coastal Commission meeting procedures is enclosed on Pages 3 and 4. If, after reading this information and the project information on Page 2, you have questions, please contact the Commission's South,Coast District Office at (213) 590-5071 or (714) 846-0648. The file on this project is available for public review at the District Office during regular business hours. The staff report will be mailed to you upon request. �. AVER J� R�5/81 PROJECT INFORMATION Application No. 5-81-150 Applicant: Thomas Ellison 19 Lochmoor Lane Newport Beach, CA 92660 Agent: Gordon Glass 2562 Waverly Drive Newport Beach, CA 92663 Demolish existing pier and ramp and construct new pier and ramp in conjunction with existing SFD. Zoning: R-1 Site: 101 Harbor Island Drive Newport Beach', CA Preliminary Calendar: Administrative Coastal Commission Prdceclures for Permits and Appeals Because the State Coastal Commission now issues all coastal permits for areas without LCFs, it has developed new, streamlined procedures for considering these permits. A_pli- cants should submit their permit applications at the appropriate office. Because regional commissions no longer exist, the state commission's workload has increased tremendously. The following procedures are intended to speed up the process without � neglecting important coastal issues. IF YOU ARE AN APPLICANT: In most cases, your application will be reviewed by the district staff and placed on the state commission agenda for the earliest possible meet '-. will determine if the application can be put on either the consent or administrative calendar or whether it must receive a full public hearing. ADMINISTRATIVE CALENDAR: Administrative permits may be granted by the executive director for projects which are minor new developments, additions to existing structures (net exceeding $50,000 in cost), single family residences, or multi -family protects of our its or less. The Coastal Act recuires that all administrative permits be repot e= to the commission at its next meeting before they take effect. Administrative per-n� s'�,_� be reported on the administrative calendar. if four or more commissioners revues :-:a_ an item be held for public hearing, the project will be removed from the administ a*_ -re calendar and scheduled for a'public hearing and possible vote at the next regular com- mission meeting. Conditions may be attached to an administrative permit. Ac -1ic ,ts and other interested parties may speak in opposition to the project or its cond-itions. Testimony is limited to 3 minutes for each side. CONSENT CALEti'DAR: Projects considered by staff to be consistent with the Coastal A_t but which do not qualify for the administrative calendar may be placed on the consent calendar. Projects on the consent calendar will be approved by the commission wltnB. single vote for the entire calendar. If three or more commissioners wish to pull_ an off consent, that item will normally be rescheduled for a regular public hearing and possible vote at the next regular commission meeting. Conditions may be attached t.. consent calendar permits. Applicants who accept these conditions need not speak. zt Opponents should tell the commission. why the project is inconsistent with the Ccasta_ A each side to speak to the cc;=,ission- If there are Three minutes will be allowed for several persons wishing- to address an item, efforts should be made to consolidate .re -- sentations in order to stay within the time -limits. Interested persons should check w-_ _ the commission staff regarding subsequent hearings. REGULAR CALENDAR PERMIT APPLICATIONS: Projects potentially inconsistent with the Coastal Act or which can be approved only with conditions for which there are no clear precedents Will be placed on the regular calendar and will be considered after a full Persons supporting ,or opposing the project should tell the commission why they t"hink the project is or is not consistent with the Act. Testimony must address coastal act Policies and environmental impacts of the project and should not be redundant. -' side is allotted 10 minutes, with the applicant speaking first and then the oppcs tic"•• Spoken rebuttal is not allowed, but written rebuttal or other pertinent material ma_: be submitted to the staff following the hearing. Projects on the regular calendar will normally be scheduled for continued hearing and voting at the next regular commission meeting. On some projects, the staff may have enough information to make a preliminary re o,.reh dation for approval after the public hearing has been held. In that case, the commiss_On may vote that day and not postpone the decision. When a staff recommendation is presented to the commission,both the applicant and opponents have five minutes each to comment on the recommendations. After the hearing is closed, the commission will discuss the matter and vote. -3- REYUEST FOR REC^`tFIDERATION: An applicant may request that the'cornission reconsider . its previous action on a permit. The applicant must show that there is relevant new evidence which could not have reasonably been presented at the original hearing or that an error of fact or law occurred. Only the applicant and persons who participated in the original prcccedings are eligible to testify. Testimony is limited to three minutes for each side. Should the commissioners vote to Grant the reconsideration request, the matter will be scheduled for a public hearing as if it were a new application. PERM= zLMENDIMENTS: An applicant may apply for an amendment to a previously approved project. The amendment will be scheduled for a public hearing and any person may s_eak _.. support of or opposition to the amendment. Five minutes will be allotted to each side. PUBLIC HEARING PROCEDUPaS: If the item you are interested in speaking on is sched-.a ed for a public hearing, you must fill out a "Request to Speak" form and cive it to a staff person 's�`___ the hearing starts. Sign-up forms will be available on a table at the back of the hearing room. Time limits f7r s=oken testimony va-y ac=ordina to the three different calendars. Because of this limitedtime, applicants and omconents are encouraged to submit written comments to the commission office at least one week in advance of the hearing. Comments of up to two paces will be copied and forwarded to the commissioners by the staff. If yc� wish to s-.b:T.'.it lenCt:1V cornents, you must submit 20 copies to the corn= ission o--=:e at least one week be=cre the hearing. _- i- is convenient, you may also wish to bring 20 copies of your spoken tes -.,cnv the heari.na for distribution to the commissioners. c=eakers may use :naps, slides, photographs, models, and other visual materials in their presentations to the comission. Since such materials become part of the auolic re---c on the ne_-tn_t, recroductions of the materials shown must be submitted to the co=iss'_on staff before or during the commission meeting, or the originals will be retained b: t^e commission for 60 days. A carousel slide projector and screen will be available at the neetings, WFE`: WILL LN AGENDA ITEM BE HEARD: Unfortunately, no one can predict how quickly _::e _ Commission will complete agenda items. Each session begins at the time noted on the meet - lac .notice. Each item is consideredin the order listed, except in extraordinary cir- cumstances. The Commission will consider an item even though the interested personsare not cresent. Staff at the appropriate commission office can give you more information prior to the hearing date and you can call the staff at the hearing location fcr !as- : -minute information. CA.^',FAIG`7 CONTRIBI-TIONS: To ensure the integrity of the permit process, the Coastal Com- mission has adopted regulations (Sections 13025.1 and 13045) prohibiting a Commissioner from voting on a permit matter if he or she has received a campaign contribution from an interested party. If you intend to speak on a permit matter, please indicate on your speaker slip and/or in your testimony, if you have made campaign contributions in excess of $100 to any Commissioner within the last year, and if so, to which Commissioner you-r con- tributed. HOW MANY VOTES DOES IT TAK_r TO APPROVE AN APPLICATION? Each permit must be approved by a majority of the commissioners who are authorized to vote and who .are present in the room. All permits on the consent calendar will be voted upon at one time with just one mction and one roll call. PUBLIC RECORDS: Public records on matters before the commission will be available for_ inspection at the meeting and at other times in the commission office. Extra copies c_ staff reports will also be available at the meeting. ACCESS TO HEARINGS: Commission meetings are in centralized locations and are accessible to persons with disabilities. -4- State of California, Edmund G. Brown Jr., Govemor California Coastal Commission SOUTH COAST DISTRICT 666 E. Ocean Blvd., Suite 3107 Long Beach, CA 90801 (213) 590-507 1 I N V I T A T I O N The Coastal Commission wants to make sure you have an opportunity to make your concerns about coastal issues known. The Commission understands that it is sometimes difficult for people to attend public hearings held during regular business hours and in somewhat distant locations. So, to help get your views, the Commission is sponsoring a Pre -Hearing Public Forum prior to each regular Commission meeting. The purpose of this forum is to provide you one method of getting your concerns to the Commissioners. The forum will be chaired by the Commission staff. At the forum, you will have an opportunity to state your views on any item on the meeting notice for the August 18-21, 1981 Commission meeting. The staff will summarize your concerns and provide that written summary to the Commission prior to any action being taken on the item. The Pre -Hearing Public Forum on the agenda for the August 18-21 Coastal Commission meeting will be held Santa Monica Senior Recreation Center 1450 Ocean Avenue Santa Monica, California Date: August 13, 1981 Time: 6:00 P.M. If you have concerns about items on the agenda and cannot attend the actual public hearing, you are encouraged to make your concerns known to the Commission by participating in this Pre -Hearing Public Forum. If you have any questions, please feel free to call the Commission staff at (213) 590-5071 or (714)-846-0648. MAP ON REVERSE 1 i. 0 ' OC f �• Ji \ �Q 04 �Pa �6 , v,! G . �� }; T �. \r4.. S:r /-�• clf . ., �. 'O •.� y. \ L r Al , r T!♦,` ,y �P� (y. ,'�% J py q a��I 3. fir, ,� 'y ♦♦rs SS \ , /, ' iy �C �• �O S1 IVP�S�S( Vi' �pPp�� �� �o'cF de{� s l P � � • \J � ,J ry VP T 4 ` �,c Santa Monica Senior Recreation o'F a°P� �° 'v�`\ T! !v Pa ►Ti`6 s <4 ��j�/' Center P ; 1450 Ocean Avenue qL +�q�,�.,�� �}± ) i h• v �, JPPy. i 4� P? Santa Monica CA From the Santa Monica Freeway (Interstate 10), take the ...4th Street exit north to Colorado or Broadway, then west to Ocean Avenue. Some street parking is available; municipal parking structures on 2nd Street contain ample free parking. STATUS SHEET HARBOR PERMITS ��� at'f>v✓ �/ >.ve jeve-- New LOCATION ,, PERMIT NO. %S"�d� Revision APPLICANT NAME %•47. Dredging CONTRACTOR Date Rec'v }'7.#r'0 Fee Amt. Fee Processed C Date Reviewed by Marine Dept.:5' Ik" Approved Denied Corection Required - Description City Council: Approved Denied Remarks DATE MATERIAL SLNT/APPROVED C.O.E. SCRZCC SARWQCB J.H.C. OR. CTY. T.I.C. 1 • Application A /Y�'i 2. Consent Ltr. 3. "Waste" Ltr. 4. Drawings 5. Staff Report 6. 7. 8. REMARKS DATE FINAL INSPECTION GORDON HARVIN GLASS A 1 A s A R C H 1 'T E C T Esc s' 2711 Los An.gelpr, California 90053 Enclos d please flrld 2 COPies Of a d-rar; in hO--Ci:n a ,eV'-slOn y. or Ay-���.sc'�lRyencl:�se�.�Is a co-,, cif ,the Clity off lir-TAT l't Be�aW . P1'0�zl �-L.:.S Concept `L^'s"„BEd ,5-'13-81 f�;?���.. G�i.���T t��„r.s.. mall our letter of ap-pV;)Va.l to, ire. on behalf of tele c c n �, t�. ;Dept.3, C 1, ty of XP14TPcl° t Peach 2562 WAVERLY DRIVE NEWPORT BEACH CALIFORNIA 92660 714.646-5430 MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS California Water Quality Control Beard 6809 Indiana Avenue Riverside, California sub jeet t Fier and ramp revisions Thomas E. Ellison residence, 101 Harbor Island Drives Newport Beach* California Gentlemen s Enclosed please find 2 copies of a drawing showing a revision to the existing pier and ramp at the subject address, for your approval. Also enclosed Is a copy of the City of Newport Reach Approval in Concept issued -18— 1 for this work. please note that no vessel waste will be discharged at this location. Kindly mail your letter of approval to me, on behalf of the owner. Sincerely, Gordon Raar°v .n Glass AAA May 209 1981 co Marine apt., City of Newport Reach 2562 WAVERLY DRIVE NEWPORT BEACH CALIFORNIA 92660 714-646-5430 MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS GGROON HARVIN GLASS A I A A R C H I T E C T California State Lands Commission 1807 13th Street Sacramento, California 95814 Subject: pier and ramp revision, Thomas S, Ellison residence, 101 Harbor Island rive, Newport Beach,, California Gentlemen.* Enclosed please find 2 copies of a drawing, showing a revision to the existing pier atd ramp at the subject address, for your, approval. Also enclosed is a I copy'of the City of Newport Beach Approval In Concept Issued 5-18-91 for this work. Please note that no vesse'l'waste will be discharged at this location. Kindly mail your letter; of approval to me., on behalf of the Sincerely, el.S' Gordon Harvin Glass Ali: Tilay 20s 1931 cc: ravine Dept.0 City of Newport Beach 2562 WAVERLY DRIVE NEWPORT BEACH CALIFORNIA 92660 7 14 - 6 4 6 - 5 4 3 0 MEMBER OF THE A M E R I C A N INSTITUTE OF ARCHITECTS f (ri �. � fig% � _ � 1 � ".+�'�."'. °�►+ I� tl jr t AIe AL�ll \\\ Y�`�� P / /^''> �'-13 -6- i-).,.a_._,�. CITY OF NEWPORT BEACH HARBOR PE7, IT PERMISSION 15 "En14'r--igy (AON'STRUCT MAINTAIN nS TPE "t AN,V is NVYII� IN Accceop'.4cc. valM TA'1-4 GOR L2J rs PERMIT NO. DATF corps cl -7-7 Orange County Permit Other: AUTHOR�ZMD BY CITY COUNCIL PERMIT - NO. DREDGING APPLICATION - Project Location: 101 Harbor Island Road Cubic Yards to be Dredged: 200 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Place material on adjacent beach Method of Material Disposition: Pump through discharge pile to disposal fill area Turbidity Control Method: Filter screen around discharge site Effect of dredging on contiguous bulkheading and beaches Will restore depleted beach and reinforce bulkhead I► Wm- T' Hargis , hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District. (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. T. E. Ellison (Applicant -type name 2/13/78 (Date) Shellmaker, Inc. (Contractor -type name) Signed: � a Contractor's Representative MARINE DEPARTMENT March 13, 1978 ITEM NO.: H-11 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION NUMBERS 175-444, 173-201, 109-1617, 135-101, 108-2124, 116-1112 Recommendation If desired, approve the maintenance dredging applications. Discussion The application requires City Council approval under the conditions of approval placed on the City of Newport Beach general permit for maintenance dredging issued by the U. S. Army Corps of ,Engineers, on February 12, 1974, and subsequently amended on May 10, 1977 to allow beach restoration. The location and applicant for the proposed dredging and beach restoration are: 108-2124 2124, E. Balboa Blvd. Byron Farwell 135-101 101 Harbor Island T. E. Ellison 116-1112 1112 W. Bay Avenue G. H. Stricker 109-1617 1617 E. Bay Avenue C. J. Segerstrom 175-444 444 Via Lido Nord Rod Soderling 173-201 201 Via Lido Soud Lido Isle Comm. Asso. The staff has reviewed the projects and has determined that the work will be done within the parameters of the Corps of Engineers permit. The dredging contractor will place a filter screen around the discharge site to control turbidity. There is no known eel grass in the vicinity of the projects. The projects will aide in the restoration of a beach bayward of private residences. D. HARSHBARGER, DIRECTOR MARINE DE ARTMENT Glen E. Welden u� Tidelands Administrator l GEW:11 V,V` �W PO" k CITY OF NEWPORT BEACH Fo��P City Hall 3300 W. Newport Blvd Area Code 714 640-2156 -March 1, 1978 -Santa Ana Regional Water Quality Control Board 6833 Indiana, Suite 1 Riverside, CA 92506 Gentlemen: The enclosed permit drawing application(s) is being sent for your information in accordance with conditions of approval under the U. S. Army Corps of Engineers "blanket" permit for maintenance dredging issued to the City of Newport Beach on February 12, 1974. The City Council of Newport Beach will hear the application at its March 13, 1978 meeting. If you have qny questions regarding this application, please contact the City of Newport Beach Marine Department at (714) 640-2156. Sincerely, D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT Glen E. Welden Tidelands Administrator GEW:II cc: NOAA Coast Guard, Fish & Game, EPA, BSFW, 173-201, 108-2124, 135-101 116-1112,109-161.7, 175-444 city of Newpoi"t Beacti 3300 Newport Boulevard Newport Beach, California 92660 714/673.2110 April 29, 1975 Mr. W. J. Ellison 19 Lochmoor Ln. Newport Beach, Calif. 92660 Dear Sir: You indicated on the return copy of the Annual Pier Administration billing that you are the current owner of the property at 101 Harbor Island Road, Newport Beach. 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 $100.00. Please fill out and sign the enclosed Transfer Application and return it along with the transfer fee. Sincerely,, „ 41en/E. We den Tidelands Operations Coordinator Marine Department GEW:1f Enclosure eA'>OP ril-047 .40PI77014'✓ PIEW in .T— Tr 11 4r- 0.00 20 17 —l---l-c .. .............. : -------- ---- .00 PJ v I cl NiTY SKETCH I-q 7 34 7"- PR _z;p ?7.A 7- PIE"? ook A r/O/,/ ��A �14 At rl - -oc- -15 -;-j �IJA PL 0 OL-1 FOR Mi? AOPA1V W.-I-11S01V 1-6LAf4l�, ilewpoP7- 6&'64 - Z-13-64