HomeMy WebLinkAbout109 Bayside PlCITY OF NEWPORT BEACH
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VICINITY MAP N.T.S. %1
NEWPORT BAY. CALIFORNIA NORTH
25-0"
146'- 9„
(N) FLOATING DOCK
(N) 4'-0" WIDE x 24'-6"
TO REPLACE (E)
LG WD GANGWAY TO
LIKE -FOR -LIKE
REPLACE (E)
PROLONGATION OF
PROPERTY LINE
O
(E) CONIC DECK ON
I
(N) STEEL PIPE PILE
GRADE W/CANT END
n
AT PLATFORM TO
OVER SEAWALL
O —
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(TOTAL OF 4 PILES)
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'
REPLACE (E) IN THE
SAME LOCATION
- - _ --
G
�
- -
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AT FLOATING DOCK
(N) CLOBALGRID
MINI -MESH GRATING
N(
TO REPLACE (E) WD
TO REMAIN TYP
(N) STEEL PIPE PILE
DECKING AT
REPLACING A PAIR
GANGWAY, PLATFORM
OF (E) STEEL PIPE
& PIER
INI LAYOUT
PILES AT PIER TYP
(TOTAL OF 8 PILES)
PROLONGATION OF
PROPERTY LINE
NEWPORT BAY
/1
NORTH
OWNER : Mr. JAY MOSS LOT BLOCK
JOB ADDRESS :109 BAYSIDE PLACE CONTRACTOR: SHELLMAKER INC.837 WEST 17th STREET DATE
10/03/13
NEWPORT BEACH, CA 92625 COSTA MESA, CA 92627
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VICINITY MAP N.T.S.
NEWPORT BAY, CALIFORNIA NORM
25'-0"
146'-9"
(N) FLOATING DOCK
(N) 4'-0" WIDE x 24'-6"
TO REPLACE (E)
LG WO GANGWAY TO
LIKE -FOR -LIKE
REPLACE (E)
PROLONGATION OF
PROPERTY LINE
O
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(N) STEEL PIPE PILE
GRADE W/CANT ENO
O
AT PLATFORM TO
OVER SEAWALL —
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(TOTAL OF 4 PILES)
' WD PIER TO
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_
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01
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�
(N) GLORALGRID
MINI -MESH GRATING
AT FLOATING DOCK
TO REPLACE (E) WD
TO REMAIN TYP
(N) STEEL PIPE PILE
DECKING AT
REPLACING A PAIR
GANGWAY, PLATFORM
OF (E) STEEL PIPE
& PIER
INI LAYOUT
PILES AT PIER TYP
(TOTAL OF 8 PILES)
PROLONGATION OF
PROPERTY LINE
NEWPORT BAY
NORTH
OWNER : Mr. JAY MOSS LOT BLOCK
CONTRACTOR: SHELLMAKER, INC.
JOB ADDRESS :109 BAYSIDE PLACE 837 WEST 17th STREET DATE
NEWPORT BEACH, CA 92625 COSTA MESA, CA 92627 10/03/13
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March 26, 2014
Re: 109 Bayside Place
Corona del Mar, CA 92625
Harbor Commission,
I have reviewed the attached document that includes replacing the existing wood pier,
platform, floating dock, gangway and piles and approve the drawings.
111 Bayside Place
Corona del Mar, A 92625
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28 May 2014
Re: Moss Pier Replacement
109 Bayside Place
Corona del Mar, CA 92625
Harbor Commission,
I have reviewed the attached document, "Replacing the Existing Wood Pier,
Platform, Floating Dock Gangway and Piles" dated 05/02/2013, provided to us by
Mr. Jay Moss. I have no objections to the proposed dock, as long as the floating dock
serving 109 will remain or be replaced in substantially its present location, in
accordance with the Judgment in Orange County Superior Court Case Number
144942 dated July 18, 1967,
Sincerely,
anet McDonald
107 Bayside Place
Corona del Mar, CA 92625
pg 1. 3
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« �" ^-•-!�^ . .,... wwa.ati Phone, 18401 241 - 8406 Aft • `.
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3044 / Fax (949) 723-0589
HARBOR PERMIT/APPROVAL IN CONCEPT
HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH
as required for permit application to the South Coast Regional Commission pursuant to
California Administrative Code, Sections 13210 and 13211.
General Description of Proposed Development: To Reinforce the existing
seawall by utilizing dywidag tie -backs connected to a continuous reinforced
concrete coping at seawall & to new continuous concrete deadpan on the other end.
Property Address: 109 Bayside Place
Legal Description:
Harbor Permit Number: 105-109
Plan Check Number: 0399-2010
Applicant: Jay Moss
Applicant's Mailing Address: 109 Bayside PI., Newport Beach, CA 92625
Phone Number: (949) 241-8406
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application. Page 1 of 2
7b/%,j J to
And find
`,They comply with the current adopted Newport Beach General Plan, Municipal
Code, Title 17 and any applicable specific or precise plans or,
❑ That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the
Municipal. Code or other regulations in any manner that would affect the use of the
property or the design of a project located thereon, this Approval In Concept shall
become null and void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted there under, this development:
'Has been determined to be ministerial or categorically exempt.
❑ Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
❑ Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
harbor permit and a building permit have been given and are final. The development is
not subject to rejection in principal by Newport Beach unless a substantial change is
proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
Special Conditions.
Harbor Resources
October 4, 2010
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
Eelgrass Survey Reporting Form
109 Bayside Place, Corona del Mar, Ca 92625
Survey Date: April 301h, 2013
Prepared by: Coastal Resources Management, Inc.
PMB 327, 3334 East Coast Highway
Corona del Mar, CA 92625
Contact: Rick Ware, Senior Marine Biologist
(949) 412-9446
Prepared for:
Mr. Jay Moss
109 Bayside Place, Corona del Mar, Ca
Prepared by: Coastal Resources Management, Inc.
PMB 327, 3334 East Coast Highway
Corona del Mar, CA 92625
Contact: Rick Ware, Senior Marine Biologist
(949) 412-9446
r
9
9 August 2013
This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted
under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form
has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented, Surveys
required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is
incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these
protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of
Fish & Game. 858-467-4218.
Site Name: (common reference)
109 Bayside Place, Corona del Mar, CA
Newport Bay
Rick Ware, Senior Marine Biologist, Coastal
Survey Contact: (name, phone, e-mail)
Resources Management, Inc. (949) 412-9446,
rware.crm rr,earthlink.net
Jay Moss
109 Bayside Place, Corona del Mar, Ca
(949)241-8406
jmoss@woodsidehomes.com
Permit Reference: (ACOE Permit No.,
Pending
CCC Permit No.
Hydrographic System: (bay, estuary,
Newport Harbor
lagoon, or harbor
Specific Location: (UTM, Lat./Long.,
datum, accuracy level, attach electronic
Center of Area 33.59940 N, and 117.8799 W.
survey area map if possible)
See Figures 1 and 2
NAD 83. Accuracy within 1 meter.
See accompanying figures of locations.
Was Eelgrass Detected:
XXX Yes. See Figure 4.
Eelgrass was located with 15 ft of the proposed
dock and pier improvements
* No, Eelgrass was not found at
this site.
Description of Permitted Work:
Remove existing 164' long pier and platform
(describe briefly the work to be conducted
(732.52 sq. ft.) and replace with 159.17' long pier
at the site under the permits identified
and platform (712.20 sq. ft.). Remove 18 existing
above)
steel pier piles and install 11 new steel pier piles.
Remove 3' x 20' (60 sq. ft.) gangway and replace
with 4 'x 24.5' (98 sq. ft.) gangway. New pier will
match existing seawall height. Pier, platform, and
gangway to be covered with Globalgrid minimesh
grated decking. Remove existing dock and replace
like for like, existing piles to remain. New dock to
be decked with Timberteck composite decking.
Description of Site:
Depth range:
0.0 to -10 ft MLLW based on Corona del Mar
(describe the physical and
Newport Entrance Channel Tide Station.
biological conditions within
the survey area at the time
of the survey and provide
insight into variability, if
known. Please provide
units for all numerical
information).
Substrate type
Silty sand to silt; variable from coarser materials on
and
the mudflat to silts and mud in the subtidal. The El
underwater
Pasco St storm drain is located immediately north
visibility:
of the project site.
Underwater visibility was 3 meters,
Temperature:
Water temperature during the survey 65 degrees F
Salinity:
Harbor Range: 25-33 ppt
Dominant
Eelgrass was common at depths from -0.1 to 8 ft
flora:
MLLW, extending to -15 ft in the main harbor
channel. Alga taxa recorded during the survey
included the brown algae Colpomenia sinuosa and
Sargassum muticum.
Dominant
Marine invertebrates recorded included sponges
fauna:
(Haliclona sp.), ornate tube worms (Diopatra
ornata), predatory sea slugs (Navanax inermis),
limpets (Lottia limatula), mussels (Mytilus
galloprovincialis), oysters (Crassostrea gigas),
barnacles (Balanus sp.), soft ectoprocts (Zoobotryon
verticillatum) colonial tunicates
(Botryllus/Botrylloides complex), and solitary
tunicates (Slyela montereyensis and Ascideacea,
unid. Fishes observed were topsmelt (Atherinops
affinis), pile perch (Rhacochilus vacca), black
surfperch (Embiotoca jacksoni), spotted sand bass
(Paralabrax maculatofasciatus), kelp bass
(Paralabrax clathratus), and round sting ray
Urolo hus halleri .
Exotic
Sargassum muticum, Zoobotryon verticillaturn
species
encountered:
Other site
None
description
notes:
Description of Survey
Effort: (please describe
the surveys conducted
including type of survey
(SCUBA, remote video,
etc.) and surrey methods
employed, date of work,
and survey density
(estimated percentage of
the bottom actually viewed).
Describe any limitations
encountered during the
survey efforts.
Horizontal
1.5 meters on each side of the transect center line; 3
visibility in
meters total horizontal visibility.
water:
Survey type
Underwater surveys were conducted by using
and
SCUBA. Reconnaissance dives were first made to
methods:
determine the extent of eelgrass in the project area
and to conduct the invasive algae survey. Survey
methods followed the guidelines of the Southern
California Eelgrass Mitigation Policy (N.MFS, 1991
as amended)
Where eelgrass was located, divers buoyed the
location and continued the reconnaissance survey.
Once the reconnaissance survey was completed, GPS
(Global Positioning System) technology and a
Thales Mobile Mapper GPS/GIS Unit were used to
map eelgrass areas. A biologist in a kayak equipped
with the GPS followed a SCUBA -diving biologist
who towed a surface buoy to mark the perimeter of
the eelgrass vegetation. Small patches that were too
small for mapping were recorded as point values
and an estimated size of the patch was determined
by the diver.
The estimated GPS error of the Thales Mobile
Mapper unit with post -processing correction was
approximately 1 meter.
GPS data were initially entered into the Mobile
Mapper Software and then transferred into GPS
TRACKER and ARCVIEW GIS software. The
amount of eelgrass habitat in the survey area was
calculated using ArcGIS 10.1 and Mobile Mapper
Software.
Bottom type, common marine life, and the presence
or absence of Caulerpa taxifolia and Zostera
marina was noted. Depths were standardized to
Mean Lower Low Water (MLLW) based upon time
of observation and tidal corrections for the Corona
del Mar/Newport Bay Entrance Channel NOAA
tide station.
Survey
Rick Ware, Senior Marine Biologist and Tom
ersonnel:
Gerlin er, Marine Biologist, CRM
Survey
A total of 24, 10-meter long transects were swam in
density:
in the project area. The areas covered included the
waters between the bulkhead and the docks, and
buffer areas to the north and south of the 109 Bayside
Place property. The underwater field of view
averaged 3 meters. Bottom type, common marine
life, and the presence or absence of Caulerpa
taxifolia and Zostera marina was noted. Depths
were standardized to Mean Lower .Low Water
(MLLW) based upon time of observation and tidal
corrections for Newport Bay Entrance Channel.
The Area of Potential was 0.20 acres of this 87 9%
(0,18 acres) of the area was surveyed. A 20%
minimum is required.
Survey
None.
Limitations:
Other Information: (use
See attached project figures.
this space to provide an
additional information or
references to attached
materials such as maps,
reports, etc.
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Figure 3. Dock Redesign
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Figure 4. Location of Eelgrass Relative to Bayshore Marina (East) Project Area.
Nearest distance to eelgrass is 32 feet.
Caulerpa taxifolia Survey Reporting Form
109 Bayside Place, Corona del Mar, Ca 92625
Survey Date: April 301h, 2013
Prepared by: Coastal Resources Management, Inc.
PMB 327, 3334 East Coast Highway
Corona del Mar, CA 92625
Contact: Rick Ware, Senior Marine Biologist
(949) 412-9446
Prepared for:
Mr. Jay Moss
109 Bayside Place, Corona del Mar, Ca
9 August 2013
Q P�' RfSUG
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I
This form is required to be submitted for any surveys conducted for the
invasive exotic alga Caulerpa taxifolia that are required to be conducted
under federal or state permits and authorizations issued by the U.S. Army
Corps of Engineers or Regional Water Quality Control Boards (Regions 8 &
9). The form has been designed to assist in controlling the costs of reporting
while ensuring that the required information necessary to identify and
control any potential impacts of the authorized actions on the spread of
Caulerpa. Surveys required to be conducted for this species are subject to
modification through publication of revisions to the Caulerpa survey policy.
It is incumbent upon the authorized permittee to ensure that survey work is
following the latest protocols. For further information on these protocols,
please contact: Robert Hoffman, National Marine Fisheries Service (NOAA
Fisheries), (562) 980-4043, or William Paznokas, California Department of
Fish & Game, (858) 467-4218).
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net
2
Report Date:
May 30` , 2013/ Revised 9 August 2013
Name of bay, estuary,
Newport Bay, CA. See Figure 1.
lagoon, or harbor:
Specific Location Name:
109 Bayside Place, Corona del Mar, CA
Center of Area 33.5994' N, and 117.8799 W.
Site Coordinates:
See Figure I and Figure 2
(UTM, Lat./Long., datum,
accuracy level, and an
electronic survey area map
NAD 83. Accuracy within I meter. See accompanying figures of
or hard copy of the map
locations.
must be included).
Survey Contact: (name,
Rick Ware, Senior Marine Biologist, Coastal Resources Management,
phone, e-mail)
Inc. (949) 412-9446, rware.crm a,earthlink.net
Jay Moss
109 Bayside Place, Corona del Mar, Ca
(949) 241-8406
jmoss@woodsidehomes.com
Personnel Conducting
The survey was conducted by Mr. Rick Ware (certified Caulerpa
Survey (if other than
Surveyor), and Tom Gerlinger (Skipper/Technician) of Coastal
above): name, phone,
Resources Management, Inc.
email
Permit Reference:
None
(ACOE Permit No.,
RWQCB Order or Cert. No.)
Is this the first or second
First Survey
survey for this project?
Was Caulerpa Detected?:
No
(if Caulerpa is found, please
immediately contact NOAA
Fisheries or CDFG personnel
identified above)
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net
Description of Permitted
Remove existing 164' long pier and platform (732.52 sq. ft.) and replace with
Work: (describe briefly the
159.17' long pier and platform (712.20 sq. ft.). Remove 18 existing steel pier
work to be conducted at the
piles and install 11 new steel pier piles. Remove 3' x 20' (60 sq. ft.) gangway
site under the permits
and replace with 4 'x 24.5' (98 sq. ft.) gangway. New pier will match
identified above)
existing seawall height. Pier, platform, and gangway to be covered with
Globalgrid minimesh grated decking. Remove existing dock and replace like
for like, existing piles to remain. New dock to be decked with Timberteck
composite decking.
Description of Site:
Depth range:
0.0 ft to -8 ft MLLW based on Corona del Mar
NOAA Tide Station
(describe the physical and
Substrate type:
Silty sand to silt
biological conditions within
Temperature:
65 degrees F
the survey area at the time of
Salinity:
25-33 ppt
the survey and provide
insight into variability, if
Dominantflora:
Eelgrass was common at depths from -0.1 to 8 ft
known. Please provide units
MLLW. It extended between the bulkhead and out
for all numerical
information).
past the docks into Newport Bay. Alga taxa
recorded during the survey included the brown algae
Col omenia sinuosa and Sar assum muticurn,
Dominantfauna:
Marine invertebrates recorded included sponges
(Haliclona sp.), ornate tube worms (Diopatra
ornata), predatory sea slugs (Navanax inermis),
limpets (Lottia limatula), mussels (Mytilus
galloprovincialis), oysters (Crassostrea gigas),
barnacles (Balanus sp.), soft ectoprocts
(Zoobotryon verticillatum) colonial tunicates
(Botryllus/Botrylloides complex), and solitary
tunicates (Styela montereyensis and Ascideacea,
unid. Fishes observed were topsmelt (Atherinops
afnis), pile perch (Rhaeochilus vacca), black
surfperch (Embiotoca jacksoni), spotted sand bass
(Paralabrax maculatofasciatus), kelp bass
(Paralabrax clathratus), and round sting ray
Urolo hus halleri .
Exotic species
Sargassum muticurn, Zoobotryon verticillatum
encountered
(including any
other Caulerpa
species):
Other ,site
Fine sands to silty sand in the intertidal depths to
description notes:
silty sand at offshore depths.
Description of Survey
Survey date and
April 30` , 2013, 0900-1300 hrs
Effort: I
time period.
Coastal Resources Management, Inc. PMI4 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.cnn@earthlink.net
11
Description of Survey
Horizontal
3 meters (1 meter on each side of the center line)
Effort: please describe the
visibility in water:
Survey type and
The survey was conducted according to the
surveys conducted including
type of survey (SCUBA,
methods:
Southern California Caulerpa Survey Protocol, Ver.
remote video, etc.) and
4, 2008. The methods utilized for the survey
survey methods employed,
included agency -approved underwater line-transect
date of work, and survey
surveys. The survey area is shown in Figure 5. A
density (estimated
total of 24, 10-meter long transects were swam in in
percentage the bottom
actually viewed.
the project area. The areas covered included the
waters between the bulkhead and the docks, and
buffer areas to the north and south of the 109
Bayside Place property. The underwater field of
view averaged 3 meters. Bottom type, common
marine life, and the presence or absence of
Caulerpa taxifolia and Zostera marina was noted.
Depths were standardized to Mean Lower Low
Water (MLLW) based upon time of observation
and tidal corrections for Newport Bay Entrance
Channel.
The Area of Potential was 0.20 acres, of this.
87.9% (0,18 acres) of the area was surveyed. A
20% minimum is required.
Describe any limitations
Survey personnel:
Rick Ware, certified Caulerpa surveyor and Mr.
encountered during the
Tom Gerlinger (skipper/technician).
survey efforts.
Survey density:
24, 10-meter long transects. Underwater visibility
was 3 meters.
Survey limitations:
No survey limitations.
Other Information:
See attached project figures. (Source: CAA Planning, Tom Mathews)
(use this space to provide
Figure 1. Area Location
additional information or
Figure 2. Project Location in Newport Bay (Aerial)
references to attached maps,
Figure 3. Dock Rebuild Plan
reports, etc.)
Coastal Resources Management, inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net
Caulerpa Survey Reporting Form (version 1.2, 10/31/04)
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Figure 1. Project Area and Location
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.crrn@earthlink.net
0
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Figure 2. Project Design Drawing
Existing and Proposed Dock and Pier System
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.crm@earthlink.net
Figure 3. Invasive Algae Survey Area
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
(949) 412-9446 (949) 675-2970 (fax) email: rware.cnn@earthlink.net
City of Newport Beach: Permit Search by Address Page I of I
0, R
PERMIT SEARCH BY ADDRESS
Requested permit number: 2994-2013
Permit Number 2994-2013
Status APPLIED
Work Description REPLACE (E) DOCK
Occupancy
Class Code
Sub Type ATC/NEW
No. of Bldgs. 0
Insp. Area 2 Entered Date 12/19/2013
Validated by Date Applied 12/19/2013
Inspection Area 2 Date Approved
Assigned Inspector Paul LeClairc Date Final
Inspector Phone 949-644-3264 Date Activity Expires
Plan Check - Target Date
http://www.newportbeachea.gov/index.aspx?page=l062 1/21/2014
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HARBOR RESOURCES DIV
CITY OF Ny�EWPORT BEACH
1. TO REPLACE THE EXISTING FAILED 9" OUTSIDE DIAMETER STEEL PILES AT
FLOATING DOCK WITH NEW STEEL PILES,
NOTE TO THE BIDDER&
AFTER THOROUGHLY EXAMINING THE CONSTRUCTION DOCUMENTS AND THE. SITE:
1, NOTIFY THE ARCHITECT AND/OR THE ENGINEER IN WRITING, REGARDING ALL.
DISCREPANCIES REQUIRING CLARIFICATION, PRIOR TO THE "BID SUBMITTAL".
1. IF THE ARCHITECT AND/OR THE ENGINEER IS NOT NOTIFIED, AS REQUIRED PER
ITEM .#1 ABOVE, IT SHALL MEAN THAT THE CONTRACTOR HAS CONSIDERED
ADEQUATE CONTINGENCY IN HIS BID TO COVER ALL COSTS TO COMPLY WITH
THE MOST STRINGENT" CONDITIONS.
3. THE CONTRACTOR SHALL NUT BE ENTITLED TO ANY ADDITIONAL COMPENSATION
FOR ANY DISCREPANCY DISCOVERED AFTER Ti-ir, "CLOSE OF THE BID".
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1. Project Address (Not mailing address)
Tenant Name(if Applicable)
z. tuescription of Work
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1 4. Architect/Designer's Name Last
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Arch itect/Designer's Address
Arch itect/Designer's E-mail Address
. ...... . .. . . .. ... . .. ... .. ........... . . .
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City State Zip Telephone
6. Contractor's Name
First Lic. No. Class
Contractor's Address ...............
.... <
........... ...... .... ...... .
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OFFICE USE ONLY
GRADING P/C FEE $
State Zip
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FIRE P/C FEE $
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AFTER THE REINFORCING OF THE EXISTING SEAWALL IS COMPLETE IN
COMPLIANCE WITH THE REQUIREMENTS AS SHOWN ON THIS SET OF
DRAWINGS, IT' IS RECOMMENDED THAT THE OWNER SHALL HIRE A
COMPANY SPECIALIZING IN STRUCTURAL PRESERVATION TO FIX THE
CURRENT CRACKS, WHERE OCCUR, AT THE EXISTING CONCRETE WAIL,
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NEW CONTINUOUS CONCRETE DEADMAN ON 'THE OTHER END.
IOVIDE TEMPORARY SHORING ALONG 'THE NORTH & SOUTH PROPERTY
AS REQUIRED FOR THE SEAWALL CONSTRUCTION.
)NSTRUCT A CONCRETE SLAB ON GRADE EXTENDING BEYONC THE
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Page 1 of 1
Miller, Chris
From:
Gart Sutton [gart@gartsutton.com]
Sent:
Wednesday, July 30, 2008 9:13 PM
To:
Miller, Chris
Cc:
'Ronda Sutton'
Subject: RE: Complaint Against 109 Bayside Place Dropped
Chris: You are correct. I am removing my complaint on the existing 109 Bayside Place float.
Thank you for your assistance. Regards, Gart 949.706.9620
From: Miller, Chris [mailto:Chiller@city.newport-beach.ca.us]
Sent: Wednesday, July 30, 2008 5:27 PM
To: Gart Sutton
Subject: Complaint Against 109 Bayside Place Dropped
Hi Gart,
Thank you for your time last Friday when we discussed the status of the encroaching floats
along your property line shared with Mr. Moss.
As you acknowledged, the end result of our conversation was that you had decided to drop
your complaint against Mr. Moss concerning the encroachment. Therefore, the City has no
interest in continuing enforcement of this matter.
If this is an accurate summary of our discussion, please reply with an affirmative response to
this email.
Thank you,
Chris Miller
Harbor Resources Manager
(949)644-3043
07/31/2008
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CITY OF NEWPORT BEACH
HARBOR COMMISSION STAFF REPORT
Agenda Item No. _
August 12, 2008
TO: HARBOR COMMISSION
FROM: Harbor Resources Division (City Manager's Office)
Chris Miller, Manager (949) 644-3043
cmiller(acity. newport-beach.ca. us
SUBJECT: Appeal: 109 Bayside Place Patio Deck
ISSUE:
Should Mr. Moss at 109 Bayside Place be permitted to extend the northern side of his
cantilevered patio deck to the property line without maintaining the required 5' setback?
RECOMMENDATION:
If desired, the Harbor Commission may chose any of the following options:
1. Advise Harbor Resources to approve the proposed cantilevered deck layout without the
required 5' setback on the northern side; or
2. Advise Harbor Resources to approve the project with design modifications as
determined by the Harbor Commission; or
2. Advise Harbor Resources to deny the proposed design.
DISCUSSION:
Mr. Moss proposes to construct a cantilevered patio deck on the bay front side of his home at
109 Bayside Place. See Exhibit A & B. He is requesting the Harbor Commission to waive the
required 5' setback on the northern side so that he can extend the deck to the property line.
The neighbor at 111 Bayside Place has extended his patio deck to the adjoining property line,
so Mr. Moss is requesting the same in order to maintain a visual consistency.
Newport Beach Municipal Code 17.35.020.0 states that patio decks are required to maintain a
5' setback.
Patios are not permitted to extend over the waters of Newport Harbor unless the
waters are adjacent to the upland property and outside the areas described in the
Tidelands Trust, and provided the patio complies with the following conditions:
1. The maximum projection of patio decks encroachments beyond the
Bulkhead Line shall be limited to 5 feet.
2. The minimum setbacks from the prolongations of the side propertv
lines shall be 5 feet.
Appeal: 109 Bayside Place Patio Deck
August 12, 2008
Page 2
3. No float shall be permitted within one foot of the decks.
4. No permanent structure shall be permitted on the projecting portion of the
patios except:
a. Planters and benches not over 16 inches in height.
b. Railings not over 42 inches in height with approximately 95
percent open area.
5. A Harbor and Building permit has been obtained.
Staff supports the applicant's request to extend the patio deck to the property line because this
approval does not appear to have a negative impact on the subject's property nor the
neighbor's.
The Harbor Commission has the authority to consider appeals per Municipal Code 17.65.010:
Decisions of the Harbor Resources Manager resulting from the Manager's
administration of this code may be appealed to the Harbor Commission by any
interested person.
Other Information
Unrelated to the applicant's request to extend to the property line, it was recently discovered
that the neighbor's cantilevered patio deck at 111 Bayside Place is encroaching into Mr. Moss's
property by a few inches; a problem that may or may not become an issue in the future.
Assuming this is not an issue between the neighbors, then Mr. Moss's patio deck, if approved
by the Harbor Commission, will abut against the encroaching patio deck at 111 Bayside Drive
without incident.
ENVIRONMENTAL REVIEW:
The Harbor Commission's approval of this item is categorically exempt from CEQA under
section 15302, Class 2, Replacement and Reconstruction.
"Class 2 consists of replacement or reconstruction of existing structures and facilities
where the new structure will be located on the same site as the structure replaced and
will have substantially the same purpose and capacity as the structure replaced..."
PUBLIC NOTICE: This agenda item has been noticed according to the Ralph M Brown Act (72
hours in advance of the public meetings at which the Harbor Commission considers the item). It
was posted at City Hall and on the City's website.
Prepared by:
Chris Miller, Harbor Resources Manager
ATTACHMENTS
Exhibit A: Vicinity Map
Exhibit B: Proposed Layout
Appeal. 109 Bayside Place Patio Deck
August 12, 2008
Page 3
EXHIBIT A
Vicinity Map
Appeal: 109 Bayside Place Patio Deck
August 12, 2008
Page 4
EXHIBIT B
Proposed Patio Deck Layout
BAYSIDE PLACE
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COMMISSION
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APPROVAL
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NEWPORT BEACH HARBOR COMMISSION MINUTES
City Council Chambers
August 13, 2008
CALL TO ORDER 6:00 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL: Chairman Duffield, Commissioners Seymour Beek, John Corrough, Ralph Rodheim,
Karen Rhyne and Marshall Duffield were in attendance. Commissioners Collins and
Lawrenz were absent. Staff: Lorrie Arcese and Chris Miller
MINUTES: The minutes from the last meeting were approved.
PUBLIC COMMENTS: None
ACTION/APPEAL ITEMS
ITEM #1
Subject: Appeal: 109 Bayside Place Patio Deck
Summary: Mr. Moss at 109 Bayside Place is requesting to be permitted to extend the northern side
of his cantilevered patio deck to the property line without maintaining the required 5'
setback.
Discussion: The neighbors have been notified and have no problem with the proposal. It is consistent
with the other docks in the area.
Public Comments:
Action: The motioned was made, seconded and passed to advise Harbor Resources to approve
the proposed cantilevered deck layout without the required 5' setback on the northern
side.
ITEM #2
Subject: 201-207 Carnation Avenue Dock Renlacemedtion
oject
Summary: Should Mr. Julian ofpAdv12008MI082)
Re ices, Inc. be permitted demolish the
existingdouble U-shape ed Avenue and replace it with a dock
system ca le f isl r sidents and 1 guest side -tie? A Mitigated
Negative t7� is currently under consideration by the City
Council wh1 i e a final determination on the document at their September 9, 2008
meeting.
SUB -COMMITTEE REPORTS:
• Commissioner Corrough said that the Dredging Sub -committee attended the Bay Issues meeting.
HARBOR RESOURCES UPDATE — Chris gave an update on harbor dredging and what was discussed
at the Bay Issues meeting. There is a joint Harbor Commission/City Council meeting on 9/9 at 3:30 pm
and dredging will be a main subject. Commissioners will be able to express their dredging concerns at
that meeting. Testing is a big part of the process and we want to start as soon as possible after City
Council approval. Testing is costly, but it is easier to take it to LA3. Marina Park project is moving along.
Eelgrass testing is still going on in the Harbor. Commissioner Duffield said he has heard of synthetic
Eelgrass which has been successful in studies. The dredgers in the Upper Bay are just about done for
now and we are looking for any funding we can find for more dredging to complete the project. Regional
Water Quality Board is looking at our pumpout program in the Harbor.
RECOMMENDED TOPICS FOR FUTURE AGENDAS:
• Consider eliminating fishing at certain public docks.
• Availability of dredging equipment for smaller residential projects that require ocean disposal.
• Explore redrawing of Carnation Cove lines.
DATE OF NEXT MEETING: September 10, 2008, 6:00 pm
City Council Chambers
ADJOURNMENT
Page 1 of 1
From: Gail Sutton - GSA [gart@gartsutton.com]
Sent: Thursday, August 30, 2007 3:01 PM
To: Rossmiller, Tom
Cc: Ronda Sutton; John Mcdonald; Richard N. Frank; Mark Robinson
Subject: 109 Bayside Place Dock Encroachment
Attachments: IMG 2220.JPG; IMG 1581.JPG; IMG 2219.JPG
Tom: The Sutton family (at 111 Bayside Place) is registering a formal complaint regarding the
109 Bayside Place encroached dock. Please give us instructions on next steps. Thank you
for your assistance. Gart & Ronda Sutton 949.706.9620
file://F:\Users\HBR\Shared\Complaints - Investigations\109 Bayside Place\109 Bayside P... 11/15/2007
CITY OF NEWPORT BEACH
829 Harbor Island Drive, Newport Beach, CA 92659
949-644-3044/Fax 949-723-0589
August 28, 2007
First American Title Insurance Co
Fax: 949.913.6372
Re: HARBOR PERMIT TRANSFER
Pier Permit # 105-109
Escrow# 2849282jg
109 Bayside Place
F�� D
The Harbor Resources division has received the completed & signed application
and fee for the pier permit transfer. The pier inspection performed by our office
has determined that it meets City standards. The permit will be transferred into
the buyer's name. Thank you for your help.
For further assistance in this matter, please contact me at 949.644.3044.
Sincerely,
Lisa WaLters
Harbor Resources Division
�y Rh6�pt i'G
�� wy
First American Title Insurance Company
500 North State College Boulevard, Suite 1300, Orange, CA 92868
Phone - (714)250-5381 Fax - (714)913-6372
Newport Beach Harbor Permit August 27, 2007
892 Harbor Island Drive File No.: NHBO-2849282 (jg)
Newport Beach, CA 92660
Attn: Lisa
Re
Property: 109 Bayside Place Newport Beach, CA 92625
Buyer: Jay L. Moss and Diana L. Moss
In connection with the above referenced transaction, enclosed please find the following for your records:
One (1) Original Harbor Permit Transfer Application signed by Seller
Should you have any questions or need assistance please contact the undersigned.
Sincerely,
Jeanne Gould
Escrow Officer
jagould@firstam.com
jg/br
Page 1 of 1
CITY OF NEWPORT BEACH
Harbor Resources
829 Harbor island Drive, Newport Beach, CA 92659
949-644-3044/Fax 949-723-0589
August 17, 2007
First American Title Insurance Co. n
Fax # 714.913.6372 5D
Re: Pier Permit # 105-109
109 Bayside Place
Escrow # 2849282 jg
Dear First American Title,
The dock was inspected by the Harbor Resources Division of the City of Newport
Beach at the property mentioned above. We cannot transfer the pier permit until
the following deficiencies have been corrected and the property has been re-
inspected:
1. A GFI (Ground Fault Interrupter) is required on the electrical line to the plug-in
outlet on the dock.
The Newport Beach City Council Harbor Permit Policies state:
10.D. "At the time of transfer, all harbor structures shall be inspected for
compliance with the City's minimum plumbing, electrical and structural
requirements, and the conditions of the existing permit. All structural
deficiencies must be corrected prior to transfer of the permit."
Please call me at 949-644-3044 to request a reinspection once these issues
have been remedied. Once the property has passed reinspection and the
application is signed by all parties, the dock will be transferred.
Sincerely,
,f ja Wa&m
Lisa Walters
Harbor Resources
O�
HARBOR PERMIT
TRANSFER APPLICATION
H�
829 Harbor Island Dr. Newport
Beach, CA 92660
fp0it
949-644-30341Fax 949-723-0589
Date of Applicaton:
Property Address:
Buyer's dames:
Billing Address:
Telephone No.:
Buyer's Signatures:
'i
Seller's
Seller's Sig
Joint Owner Signature:
Escrow Company:
Address
Escrow Number:
Closing Date (Estimate):
Inspection Date:
Fee Amount:
Date Paid:
Application Complete:
Permit dumber: /05-/04
�&0 63'12
.per- 1cv& T'tlt Coruoavty
5D0 "4 co Blv Oo phit�z,CA4
2S4q2jj2.jQ, Fax #: I -(a 242-8&S
Atjrw5t
N3 LA 01 Reinspection Date: e ,,07
7
Harbor Resources
Special Conditions: This permit is revocable by the City Council
in accordance with Title 17 of the Newport Beach Municipal Code.
INSPECTION FORM
Harbor Resources Department
Date: o
Inspection Requested By:
Inspector: Don Duff
Pier Address: I C 9
Pier Transfer
GFI Present
Anti -Siphon / Backflow Present
Other Comments
Eelgrass
Reinspection
Yes Need None Needed es--Ne2z1
Date Time ❑ Eelgrass Within 15' of Project
❑ Eelgrass Within 15' - 30' of Project
❑ No Eelgrass in Project Area
Pump Out
Pier Location
Yes No
Operational m
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CIF Number
Location on Dock
Comments / Observations
Other Request
�y;a aa�s�ar
FirstAmerican Title Insurance Company
500 North State College Boulevard, Suite 1300, Orange, CA 92868
Phone - (714)250-5381 Fax - (714)913-6372
City of Newport Beach Harbor Permit Transfer Application August 10, 2007
829 Harbor Island Drive NHBO-2849282 ( jg)
Newport Beach, CA 92660
Attn: Lisa / Permit Dept.
M
Property: 109 Bayside Place Newport Beach, CA
Buyer: Jay L. Moss and Diana L. Moss
In connection with the above referenced transaction, enclosed please find the following for your records:
- Check No. 41633 in the amount of $444.00 representing Permit Transafer Application
- Copy of Transfer Application (original to follow w/Seller signature)
Should you have any questions or need assistance please contact the undersigned.
Sincerely,
Brenna Ryan, Assistant for
Jeanne Gould, Escrow Officer
br/br
Page 1 of 1
Date of Applicaton:
Property Address:
Buyer's Names:
Billing Address:
Telephone No.:
Buyer's Signatures:
Seller's Names:
Seller's Signatures:
Joint Owner Signature:
Escrow Company:
Address
Escrow Number:
Closing Date (Estimate):
Inspection Date:
Fee Amount:
Date Paid:
Application Complete:
HARBOR PERMIT
TRANSFER APPLICATION
829 Harbor Island Dr. Newport
Beach, CA 92660
949-644-3034/Fax 949-723-0589
Permit Number: 105-/09
4--qr* - A1VW! CJ t,L T 'Hy 6
500 a rch 3kk, cadtw a W.,
2S4 Fax #:
�rt9aJ��1JDi
Reinspection Date:
Check Number:
Harbor Resources Signature/Date
Special Conditions: This permit is revocable by the City Council
in accordance with Title 17 of the Newport Beach Municipal Code.
A TrvSt-
rLkIlul /
cy t�C,CA
4Lg&g
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
EPLY TO
ATTENTION OR
Office of the Chief
Regulatory Branch
Mr. Wes Armand
City of Newport Beach
P.O. Box 1768
Newport Beach, California 92658-8915
December 8, 1998
SUBJECT: NOTICE TO PROCEED (File No. 99-00073-YJC)
Dear Mr. Armand:
Reference is made to your letter dated December 8, 1998 in which you submitted on
behalf of Ms. Carolyn W. Martin who resides at 10?Bayside Place, Corona Del Mar, a
notification for the maintenance dredging of 60 cubic yards of sand and silt material by
hydraulic suction and disposal of the dredged material on the adjacent beach.
Based on the furnished information, we have determined that the proposed
maintenance dredging activity complies with the terms and conditions of Permit No. 89-211-
GS provided that Ms. Martin's contractor does not exceed the maximum dredging design
depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW.
If you have any questions, please contact Jae Chung of my staff at (213) 452-3292.
Please refer to this letter and 99-00073-YJC in your reply.
Sincerely,
Mark Durham
Chief, South Coast Section
Enclosure(s)
DREDGING APPLICATION
ADS--/,�) 9
Project Location: 16,
Cubic Yards to be Dredged:
Method of Dredging: Hydraulic Suction
Nature of Dredged Material: Sand/Silt
Disposition of Dredged Material: Beach restoration
Method of Material Disposition: Pipeline transport to beach restoration site.
Turbidity Control Method: .Reduced discharge velocity
Effect of dredging. on contiguous bulkheadirig and beaches Protect -
and rginforces existing seawalls and bay beaches.
I,. Mark Sites ,. hereby state that I have read the U. S. Army
(print name)
Corps .of Engineers permit for maintenance. dredging in tdewport Harbor, the
<Ci:ty of New.port.Beach and Orange .County Harbors,Seaches 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.
(Applicant -type name)
Date)
Mark Sites
Contractor -type name
Signed:
Contractor's
Representative
HARBOR MUT APPLICATION
14�w � )f NQyport Beach F rs IwMarine ia r*s'=ssa
Print: (From & Back)
9/1
0
3. New Construction /
4. Fee �5 K=° ✓✓✓
E
of
Revision Maintenance Dredging
Check No. a p y) Date 9 /
Proposed Work: &I u'd
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 protect 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. Any special conditions
affecting the construction.or affecting boating operations:. 7.
Owner Builder/Contractor Declaration/Insurance- ormation
.8. Work can begin once the City has received evidence of the:
following additional.. approvals and yrn± lha m bez*± notified to
proceed:
OFFICE USE ONLY
Approval in �oncept . Date
Approval of the
City
of Newport Beach Council.
-Date
Approval of the
Army
Corps of Engineers.
Date
Approval of the
California Coastal Cotm<dssion.
Date
Approval of the
City's
Public works Department..
Date
Approval of the.City's
Building Department.
Date
County of Orange.
Date
Issued. (Permit
is stamped drawing)
Date
Site Tnspection.(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 for a 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.
eir sole compensation, will do thework, 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 thha does..
such work himself or through his Own �loyees, provided that
suceh..improvements .are not"intended..or offered for sale,. If, of..
however, the building or improvement is sold within Onero�g
completion, the.owner-builder.will have: the. burden P
that he did.not build or, improve. for the propose for sale.)
I, as owner of<the property , am -exclusively contracting
wi-'fTi"Iicensed 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 projects with a Contractor, (s).License
pursuant to the Contractor's License Law).
I am exempt under Sec. of Business and .
Pro essions Code for thisreason:
owner Signature
Contractor
Mark Sites
Date
Telephone 6.75-1071
Address P.O. Box 498, Balboa Island, CA 92662
A/HAZ 460235 No. 970211,27
License Class State Board No. City License
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm that I am licensed under provisions of Chapter 9
(commencing with Section 7000) of D s n 3 of the Business and
Professsions Code, and c ull force and effect.
Contractor Signature % <» / Date Z 5
STATE OF CALIFORNIA PETE WILSON. Governor
CALIFORNIA STATE LANDS COMMISSION ROBERT C. HIGHT, Executive Officer
100 Howe Avenue, Suite 100 South j (916) 574-1800 FAX (916) 574-1810
Sacramento, CA 95825-8202 California Relay Service From TDD Phone 1-800-735-2922
' from Voice Phone 1-800-735-2929
`j Contact Phone: (916) 574-1892
Contact FAX: (916) 574-1925
E-Mail Address: smithj@slc.ca.gov
August 19, 1998
File Ref: G 09-00
Tony Melum
Newport Beach Fire and Marine Department / C
70 Newport Pier r
Newport Beach, CA 92658
Dear Tony:
SUBJECT: Dredging at 109 Bayside Place
You have requested State Lands Commission (SLC) review of a small
maintenance dredging project which will be undertaken by the City of Newport Beach
on sovereign lands which have been legislatively granted to the County of Orange
pursuant to Chapter 526, Statutes of 1919, as amended, with minerals reserved by the
state. As the state did not retain the minerals in the City's grant, dredging activities
performed on those lands do not require a lease from the SLC. The City routinely
issues permits for maintenance dredging on both City and County granted sovereign
lands under blanket permits issued by the U.S. Army Corps of Engineers and the
California Coastal Commission.
The proposed project will involve the relocation of approximately 60 cubic yards
of sediment which has accumulated under the pier at 109 Bayside Place. The material
will bee�removed by a suction dredge and relocated inland on granted County tidelands
for beach replenishment. The map you provided shows an existing Southern California
Edison submarine cable in the location of the dredging. Protection of this cable as well
as advance notification to the U.S. Fish and Wildlife Service, the National Marine
Fisheries Service, and the California Department of Fish and Game are required as
conditions of the blanket permits.
Based on the above, the SLC does not object to the relocation of approximately
60 cubic yards of state sovereign minerals within the County's granted tidelands,
subject to the City's compliance with all other federal, state and local permits.
Please have an authorized representative of the City sign in the space provided below
accepting the conditions as set forth in this letter and return a signed original to this
office.
Tony Melum
-2- August 19, 1998
The blanket permits from the Corps and the Coastal Commission will expire on
August 29, 1999. At such time as the City begins the process to renew those blanket
permits, the County should apply to the SLC for a similar blanket permit to authorize
future maintenance dredging projects of this kind on the County's tidelands. Please
contact Jane E. Smith, Public Land Management Specialist, at (916) 574-1892, for
inforrrFaffon concerning the SLC's application process.
Sincere
__..._...... Roe Lync hief
Division of Land Management
cc: Tom Rossmiller, County of Orange
The State of California (State) shall not be liable and the City of Newport Beach shall
indemnify, hold harmless and, at the option of the State, defend State, its officers,
agents, and employees against and for any and all liability, claims, damages or injuries
of any kind and from any cause, arising out of or connected in any way with the
proposed actions.
Accepted by the City of Newport Beach:
. • "t C;k '.� ' ; � 7►'i!►.�;�Pl`�1���71�1�7:11;71'�c�i�1�►���
July 6,1998
Ms. Jane Smith
California State Lands Commission
Fax Number 916-574-1924
Re: Dredging at 109 Bayside Place
Applicant Carolyn Martin
Dear Jane:
The City of Newport Beach issues permits for dredging over state
tidelands granted to the City of Newport Beach. Our authority, as I
understand it, derives from the fact that there is no exclusion in our
grant for such activities. We also currently have a blanket permit for
dredging from the Army Corp of Engineers and the California Coastal
Commission.
Shoaling has occurred at the above site as a result of its proximity to a
City storm drain and has deposited a considerable amount of material
in the area of the storm drain, under the recreational pier.
The purpose of the this letter is to request that the State Lands
Commission waive the necessity for a State Lands Permit to do this
maintenance dredging project, which amounts to approximately 60
cubic yards.
If you need additional information please call me at 949-644-3041.
Sincerely,
Tony Melum
Deputy Chief Marine Enviromnental Division
jC� T Y of N��yoo.Pr
SE 230-
S +re
usl ri'
r
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dvp/hs below Memq Lauver Lo Wo der. N,oxJ..«J..o
range of L: do approx�male/y /o e� Horbar /,i/ey
are :s sec% „ Ne✓po.f Bob:
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SOUrI d�n95 ore ewPre tS ed in P.�Pond
d�r,o/�
daPOAZ delaw Meaq Loner Lo L✓o fcr. N,oYa.•crw.
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Horbor 4;Ics
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ur.
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(4DA-rly
vPORTBEA'�
iiARBOUERMUT
l9rSION IS Hkill
.A,Rd THE FACILil
OF WE INDICAll
HARBOR PERMIT
SPECIAL CONIV
'OT TRANSFERAW
;iCITY HARBOR C
,HTS GIVEN UNDID
0 THIS PERMIT 0
TO CONSTRUCT AND,
THE REVERSE HEREOF,
10 THE PROVISIONS OF
NrWpoKr BEACH AND
HEREON. THIS PERMIT
E wArrmN CONSENT OF
OR CITY COUNCIL THE
ARE PERMISSIVE ONLY
D BY THE CITY COUNCIL
: THE MUNICIPAL CODF-
CITY HARBOR COORDINATOR
"-RMIT NO. DATE
SEA
Timothy Riley
Fire and Marine Chief
3300 Newport Blvd.
P. O. Box 1768
Newport Beach, CA 92658-8915
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
July 6,1998
Ms. Jane Smith
California State Lands Commission
100 Howe Avenue, Ste.100 S.
Sacramento, CA 95825-8202
Re: Dredging at 109 Bayside Place
Applicant Carolyn Martin
Dear Jane:
The City of Newport Beach issues permits for dredging over State
Tidelands granted to the City of Newport Beach and the County of
Orange. Our authority, as I understand it; derives from the fact that
there is no exclusion in our grant for such activities. County Tidelands
require an additional permit from State Lands. We also currently have
a blanket permit for dredging from the Army Corp of Engineers and
the California Coastal Commission.
Shoaling has occurred at the above site (on County Tidelands) as a
result of its proximity to a City storm drain and has deposited a
considerable amount of material in the area of the storm drain, under
the recreational pier.
The purpose of the this letter is to request that the State Lands
Commission waive the necessity for a State Lands Permit to do this
small maintenance dredging project, which amounts to approximately
60 cubic yards.
If you need additional information please call me at 949-644-3041.
Sincerely,
Tony M/elum
Deputy Chief Marine Environmental Division
Fin Dept 64/61;
Card 'I
Card
Code 'PIERI'
�T-S-—
CITY OF NEWPORT BEACH
ANNUAL PIER REGISTRATION FEE
Pier Permit Number 0 ", u 0 C, _.._�_ �__) TTF 4-
Facility Address* ��> �T (`�d{%-%.
tT�- y_��^eat-7fT 79-�'"�' ,_.#- T"..s"` 7r_7p.__-Stree t _Flame 7 .
Apt # Str
*Right justify, (Or use Direction
space fill for, (N,S,E,W or
Ex: 1 k etc) blank)
Code _ 1 - non-commercial Number of slips or floats �}° Q (zero fill
3 2 - commercial 4 W 16j ex: 001)
Amount to be billed p �3
�a _ " ,)Dint Owner _.�,�Y - yes
(-47 - —" - "rS) S2 !V - no
(zero fill
ex; 010 00)
Owner's Name'-
(� i_ast, first, hdiT Iiiit a pT _.
Type Form N-New Owner
- I - - C-Change Owner
cc 78-80 leave blank
Card Pier Permit Number cc: 6 - 14
Card 2 Code 'PIER2'
Owner's Mailing Address V)
39-a6 C ytate..__�.._w.__ by �513:�jf-zip
blank
(6 3-Gr3� pate -� cc 69--80 Spaces (12)
PERMIT NO. id-> `®
DREDGING APPLICATION
Project Location: 109 Bayside Place
Cubic Yards to be Dredged: 370
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 pipe to disposal fill area.
Turbidity Control Method: Filter screen around discharge site, if needed
Effect of dredging on contiguous bul.kheading and beaches Will restore
depleted.beach.
I, LaVerne Harris_ r 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 I- Iarbors,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.
Howard S. Martin Newport Dredging Co.
App icant-type name _ _ Contractor -type name)
7/14/83
(Date)
L y '
Signed:��f
Contractorrs
Representative
9CorY' oc- Nr
741'-4c'N
fO 5
2.30 /
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17z'
/., "
P
2
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VICINITY SKETCH w•.r/irr
(I/f
N<wvour 6AY CAL WOQNIA >frrr
r Y<� q
So4nd'49s ors e.tpie sled /n`���fee/ and dar�o le
dep fhs below M?&0'7 LO<✓er L0L✓o fer. Moy/.w/�ni
range of fide Opp rux/enp a®/y /O' 07, f{orboe Giles
are cs fob/f'shed /n 46;s Sacfi <f .-W/vO W/'n f Eor
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VICINITY SKETCH ww•r'(T. a (wwr
NI WPo Rr f!�ACAL LFPRNlA Jlrr�
Sours d�.i9s " Pre e.Y/-Acss&d .n fie/ ,Ono, denP fe
dePpfhs 6e/ow M7'0 ! lower 4o WP Jar. MOY/..wm
ronye of /!de 9pp rux/roRJe/y /O 'ef. .YOr6or /.ices
are esiobf/'shed ',n r�h:s sec/, e� a Ne.vPwf dP�-
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olA .. e 55
Co vxR.1 CTo Q D, o,:,r�
T5
IVIRONMENTAL MANAGEMENT AGENCY
_. _.J SPACC/RECREATION/COUNTY SERVICE AREAS
PROGRAMS OFFICE
MAY J 1983
Mr.. Howard S. Martin
Howard S. Martin h Associates
109 Bayside Place
Corona Del Mar, California 92625
Dear Mr.. Martin:
MURRAYSTORM
DIRECTOR, EMA
ROBERT F, WINGARD
PROGRAM MANAGER
LOCATION:
81'1 NORTH BROADWAY
SANTA ANA, CALIFORNIA
MAILING ADDRESS;
P.O. BOX 4040
SANTA ANA, CA 92702-4048
TELEPHONE:
(714) 834-3808
FILE OS Dredge Committee
Your letter. of. April 27, 1.983, advises of shoaling problems within Carnation
Cove and requests joint effort of property owners, City and County in having
problem corrected.
By copy of this letter your request is being referred to Mr. Kurt Brittain,
Manager, Recreation Facilities Operations, for investigation and response.
You should be hearing from Mr. Brittain in approximately two -to -three weeks.
Very ly yours,+
Very
Program Manager
Ri'W : gm
CC' �Y, Brittain, Rec. 'Fac.
'i/ T. Melum, City of Newport Beach
ON f
HOWARD S. MARTIN & ASSOCIATES
REAL ESTATE APPRAISERS AND COUNSELORS
HOWARD S. MARTIN
SENIOR MEMBER, AMERICAN SOCIETY OF APPRA15ERS
SENIOR REGISTERED MEMBER,AMERICAN RIGHT-OF-WAY ASSOCIATION
MEMBER, INTERNATIONAL REAL ESTATE FEDERATION
April 27, 1983
Robert F. Wingard, Manager
County of Orange
Environmental Management Agency
811 North Broadway
Room 405
Post Office Box 4048
Santa Ana, California 92702-4048
Gentlemen;
PASADENA OFFICE
I074 SOUTH ARROYO PARKWAY
PASADENA, CALIFORNIA DIIDB
.02.1020 70D-77D7
ORANGE COUNTY OFFICE
10E BAYSIOE PLACE
CORONA DEL MAR. CALIFORNIA 02E20
We are among the property owners on Bayside Place in
Corona. Del Mar, commonly thought of as Carnation Cove.
This year the Winter storms have accentuated a long -
existing problem, The drain from the end of the Cove
into the bay, near the intersection of Bayside Place. and
Bayside Drive, spilled many tons of material into the
bay, making it impossible for us to get our boat in our
slip at 109 Baysi-de Place..
In years gone by, we have been able to solve: the problem
by having shell maker dredge out our slip at a considerable
cost; however, the problem is well beyond our ability to
handle, as it now covers a very large area in Carnation
Cove
As a joint effort of all of the property owners, the City
and tr,-- Co,,:nty, v?P.*woa,i.' 1_3.ke (.) (Apt a permaren{—1114-inn
to this problem. One cr the solut.i.ons appears to be to
extend the existing drain from its present terminal point
at the seawall, to a point farther out in the bay, perhaps
to the Federal Channel. It could very well be that the
Irvine Company should be involved in this entire problem,
as most of the silt now coming into Carnation Cove actually
comes from .Irvine territory to the north and northeast. In
years past, they have been very reluctant to show any interest
in keeping the area clear of their mud.
Robert F. Wingard
April 27, 1983
-2-
In any case, we seek a permanent solution and would request
that we have a meeting with the appropriate City, County and
federal people to resolve this problem.
It goes without saying, the sooner the better, because we
have no access to our boat slip in Carnation Cove at this
time.
Please give this matter your urgent and immediate attention.
Very truly yours,
HOWARD S. MARTIN
HSM:lkd
cc: Tony Melum
City of Newport Beach
Marine Department
70 Newport Pier
Newport Beach, Ca. 92663
HOWARD S. MARTIN h ASSOCIATES
REAL ESTATE APPRAISERS AND COUNSELORS
August 25, 1980
TO-
FROM -
SUBJECT:
Recommendation:
MARINE DEPARTMENT
MAYOR AND•CITY COUNCIL
Marine Department
ITEM NO.: H-18',
HARBOR PERMIT APPLICATION NUMBERS .256-1000, 113-209, AND 105-109
If desired, approve the maintenance dredging applications.'
Discussion:
The applications requite City Council approval under the conditions of approval
placed on the City of Newport Beach general permit for maintenance dredging is-
sued by the U.S. Army Corps of Engineers, on February 12; 1974, and subsequently
amended on May 10, 1977, to allow beach restoration. The locations and applicants
for the proposed dredging and beach restorations are:
256-1000 City.of. Newport Beach Coral Ave. Street End
113-209 Robert J. Lancaster 209 Edgewater
105-109 Howard S. Martin 109 Bayside Place.
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 afilter screen around the discharge site to control turbidity. There
is no known eel grass in the vicinity of the projects.
At the Coral Avenue street -end, the dredged material will be placed on an adjacent
beach. This will aid in the restoration of a city street -end beach.. At 209 Edge-
water and 109 Bayside Place, the dredged material will be placed on adjacent beach-
es. This will aid in the restoration of beaches bayward 6f private residences..
D. HARSHBARGER, DIRECTOR .
MARINE DEPARTMENT
f r.Y of r'�fiYf�O+Pr �..r.�-ace
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dep dh5 below Mcon Gower GP Wq der. .Y9ol'f...[rn°
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PERMISSION IS HEREBY GRANTED To CONSTRUCT AW
MAINTAIN THE FACILITY S::OWN WJ TH=, HEREOF
AT THE SITE INDICATED, 5-JaJEC+ TO T!31L !l R4;V.S90NS C
THE HARBOR PERMIT Pn,..: 1ES or ftl :Sq:I:,09sT BEACH AN.
ANY SPECIAL CONOITIONI. LiSTE:D Ii Fp E: ,;q. Y&FIS PERM
IS NOT TRANSFERABLE tR lGAIT THE 4:'iO`V—E;� C Pi5FNT
THE CITY HARBOR CCORi; )ATOR ON C'.IT1 (;DONCIL,. Tr
RIGHTS GIVEN UNDER Tk PEF Vritl' ARE P$11IAISSWE ON'i,
AND THIS PERMIT MAY 13E..:EVOKED BY THE CITY COUNC::
IN ACCORDANCE WITH_TIT�Lr 1�7 OF THE MUNICIPAL CODE,
CITY HARM30R CObF§DINA` OR
/& - io 9
PERMIT NO.
S -Y'6 - $o
DATE
SPECIAL. CONDITIONS:
Corns of Engineers Perinit
Orange County Permit
Others.,
AUTHORIZED BY CITY COUNCIL
ON�9- -/' ''BO
PERMIT NO. /0-5 "/i!l
DREDGING APPLICATION
Project Location: 109 Bayside Place
Cubic Yards to be Dredged: 194
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 pipe to
disposal fill area
Turbidity Control Method: Filter screen around discharge site
Effect of dredging on contiguous bulk.heading and beaches will
restore depleted beach
I, Wm. L. Harris - , 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.
Iioward S. Martin
(Applicant -type name.
7/23/80
(Date)
Shellmaker, Inc.
(Contractor -type name)
Signed:
ontrac—to r I s
Representative
PERMIT NO. i `^'1/ 0
. DREDGING APPLICATION
Project Location: iRA 109 Bayside Place
Cubic Yards to be Dredged: 194
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 pipe 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
IA � Aarri,g , 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.
Howard S. Martin
(Applicant -type name
4/21/78
(Date)
Shellmaker, Inc.
(Contractor -type name) -�
Signed: NO y
Contractor's
Representative
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CITY OF NEWPOA,. BEACH
HARBOR PER R T
$ PE"M'SS10" AM,
VAMMIN YME
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AND Tp.�M Mllml;T ti.15A.,
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PERPHIT Nd-.
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CITY OF NEWPOC,', BEACH
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AIELEERI�RT NO. UATE
SPECIAL OOMDInONS-,
c"rPs 0, �Xin'slne-rq permit
01'a"98 County porn-jit
a ee al
CITY OF NEWPORT BEAC.,H
CALIFORNIA
May 29, 1975
U. S. Corps of Engineers
Waterways Control Section
P. O. Box 2711
Los Angeles, Calif. 90053;
Attn: Ted Yee
Gentlemen:
The enclosed permit drawing(s) is being sent for your
approval. 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.
City Hall
3300 W. Newport Blvd.
Area Code 714
673.Zl 10
The City Council of Newport Beach approved the application
at its May 27, 1975 meeting.
If you have any questions regarding this application,
Please contact the City of Newport Beach, Marine Safety
Department at (714) 673-2110.
R. E. REED, DIRECTOR
MARINE SAFETY DEPA T tN,
/C
( /G'.en E Welden
Marine Affairs Aide
IpS'-16)%
�A 4CITY Or?
n
�. ....
TO; Bureau of Sport Fisheries & Wildlife n.
2855 E. Coast Highway
Corona del Mar, CA 92625
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 wits near the applicatioA;
at .its May 27, 1975 rnee'Z4
If you have any questions regarding this application, please
contact the City of Newport Beach, Marine Safety Department
at (714) 673-2110.
R. E. REED, DIRECTOR
MARINE SAFETY DEPARTMENT
Glen E. Welden
Marine Affairs Aide
GEW:lf
105-109
MARINE DEPARTMENT
May 27, 1975
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
ITEM NO.: H-11 (a)
SUBJECT: HARBOR PERMIT APPLICATIOiN FOR MAINTENANCE DREDGING
PERMIT NUMBER 105-109
RECOMMENDATION
Ir.desired, approve the Maintenance Dredging Harbor Permit appli-
cation.
DISCUSSION
This application requires City Council approval under the conditions
of approval of the City of Newport Beach "blanket" permit for main-
tenance dredging issued on February 12, 1974, by the U. S. Army
Corps of Engineers.
The location and applicant for the proposed maintenance dredging are:
105-109 Howard Martin, 1.09 Bayside Drive
The staff has reviewed the proposed dredging and has determined that
the work to be done is within the parameters of the Corps of Engineers
permit. There is no anticipated adverse affect on proximity beaches
or contiguous bulkheads.
Shellmaker, Inc., the dredging contractor, will minimize turbidity
as much as is possible and will barge the dredged material to the
Environmental Protection Agency's designated disposal site, four
miles at sea.
Yr/
Glen E. Welden
Tidelands Operations Coordinator
Marine Department
GEW:1f.
PERMIT NO.
DREDGING APPLICATION
Project Location: 109 Bayside Place, Corona Del Mar
Cubic Yards to be Dredged: 88
Method of Dredging: Hydraulic Suction
Nature of Dredged Material: Sand/Silt
Disposition of Dredged Material: Haul to sea and dump at Latitude 33°31142"N,
Longitude 117°54148"W
Method of Material Disposition: Barge to sea
Turbidity Control Method: Material to be contained in Dump Barge at
dredge site.
Effect of dredging on contiguous bulkheading and beaches None
it Wm. L. Harris , 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.
Howard S. Martin
(Applicant -type name
May 9, 1975
(Date)
Shellmaker, Inc.
(Contractor -type name)
Signed:
LAM-'t IL,
ToM tractor I s
Representative
i
ry
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2)
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VICINITY SKETCH
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TIIE IRVINE COMPANY
13042 MYFORD ROAD, IRVINE, CALIFORNIA 92664 • TELEPHONE (714) 544-0120
March 2, 1967
Mr. B. B. Nolan
City of Newport Beach
3300 West Newport Boulevard
Newport Beach, California
Subject: Drainage Outlet near Bayside Place
Dear Mr. Nolan:
Recently this office was contacted by Mr. Howard Martin, whose
permanent address is 615 South Pasadena, Pasadena, California
and who also has a local residence at 109 Bayside Place. Mr.
Martin contacted this office relative to some problems he was
experiencing with his boat dockage in front of his residence at
Bayside Place and thought possibly such was caused by something
The Irvine Company had done in the upstream portions of the
drainage basin tributary to the storm drain structure that out-
lets to the Bay in this area.
A field representative of The Irvine Company has investigated
the situation and finds no evidence of Irvine Company responsi-
bility.
A copy of this letter is being sent to Mr. Martin indicating to
him that we are making your office aware of this problem and
that your office will investigate and provide the information
required by him.
yiny truly yours,
` L_
rank E. Hughes
Director of Engin Bring
FEH/cjz
cc: Mr. Howard Martin
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Jay & Diana Moss
3 Windemere
Newport Coast, California 92657
Assessor's Parcel Numbers:
052-013-17 (109 Bayside Place, Corona del Mar, CA)
052-013- 36 (111 Bayside Place, Corona del Mar, CA)
becaQ se 2nc✓caubl mm }
issue wqs d -
71,Woe
ENCROACHMENT AND RIGHT OF ENTRY AGREEMENT
This Encroachment and Right of Entry Agreement ("Agreement") is entered into
as of 2008 by JAY L. MOSS and DIANA MOSS (collectively, "109
Owner') and GART M. SUTTON and RONDA K. SUTTON, Trustees of the Gart and Ronda
Sutton Family Living Trust dated August 7, 1997 (collectively, "111 Owner"). In this Agreement,
the 109 Owner and the 111 Owner may be referred to collectively as the "Owners".
RECITALS
A. 109 Owner owns that certain real property and improvements located at 109
Bayside Place, Corona del Mar, Orange County, California, legally described in Exhibit "A"
attached to and a made a part of this Agreement (collectively, the "109 Property"). The
improvements include, among other things, steel pilings, a wooden pier, gangway, floating dock
with a single U-shaped slip, and related utilities and improvements (collectively, the "109 Pier &
Dock") on the water portion of the 109 Property extending bayward from the end of the land
portion of the 109 Property.
B. 111 Owner owns that certain real property and improvements located at 111
Bayside Place, Corona del Mar, Orange County, California, legally described in Exhibit "A"
attached to and a made a part of this Agreement (collectively, the "111 Property"). "). The
improvements include, among other things, steel pilings, a wooden pier, gangway, a shared
floating dock with double U-shaped slips, and related utilities and improvements (collectively,
the "111 Pier & Dock") serving 111 and 113 Bayside Place, extending bayward from the end of
the land portion of 111 and 113 Bayside Place.
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C. In approximately June, 1967, 109 Owner's predecessors -in -interest, Howard and
Carolyn Martin, pursuant to that certain Consent Judgment (the "Judgment") entered on July
18, 1967, on page 113 of the Book of Judgments, as item number 130, recorded on the same
date as instrument number 10459 on page 670 of the Official Records of the Orange County
Recorder and in accordance with the terms and conditions of the permit dated April 13, 1967
(the "Final Permit"), caused the 109 Pier & Dock to be installed and built on the water portion of
the 109 Property extending bayward from the end of the land portion of the 109 Property.
D. When the 109 Pier & Dock were built, a corner of the floating dock was installed
so that a corner of the floating dock extends approximately 3 inches, tapering down to one
inches onto the water portion of the 111 Property (the "North 109 Corner") as depicted on
Exhibit "C" attached to and made a part of this Agreement (the "109 Encroachment").
E. When the 111 Pier & Dock were built, a corner of the southernmost floating dock
belonging to the 111 Owner was installed so that a corner of the floating dock extends
approximately 4 inches onto the water portion of the 109 Property (the "South 111 Corner") as
depicted on Exhibit "C" (the 111 Encroachment").
F. 111 Owner filed a complaint on August 30, 2007 with the City of Newport Beach
Harbor Resources Division ("CNBHRD") requesting, among other things, that 109 Owner be
required to remove the North 109 Corner from the 109 Pier & Dock. On January 24, 2008,
CNBHRD responded to 111 Owner and instructed 111 Owner: (i) to meet with 109 Owner to
resolve the issues concerning the North 109 Corner and South 111 Corner; document their
agreement resolving the issues concerning the North 109 Corner and South 111 Corner; (iii)
record a copy of such agreement; and (iv) and send a conformed copy of the recorded
agreement to CNBHRD.
G. 109 Owner and 111 Owner have met and agreed to allow the 109 Pier & Dock,
including the North 109 Corner, and the 111 Pier & Dock, including the South 111 Corner, to
remain as they are, consent to any future Minor Encroachments (as defined below), and to
grant one another the right (each, a "Right of Entry"; respectively, the "109 ROE" and "111
ROE") to enter into the water portions of their respective properties to maintain, repair, and
reconstruct the 109 Pier & Dock and 111 Pier & Dock as necessary and appropriate.
2
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AGREEMENT
For good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Owners agree as follows:
Consent to Encroachments.
1.1 111 Owner hereby consents to the 109 Encroachment.
1.2 109 Owner hereby consents to the 111 Encroachment.
1.3 The Owners each acknowledge and agree that if, in the course of
maintaining their respective piers, docks, floating docks, and related improvements as provided
below in Section 5.1, it becomes necessary to rebuild all or any portion of the existing piers,
docks, floating docks, and related improvements: (i) each Owner shall have the right to do so in
accordance with the terms of this Agreement; and (ii) that due to variation of the tides and
surfaces underlying the 109 Pier & Dock and 111 Pier & Dock, the movement of the water, and
other similar factors beyond the Owners' reasonable control, minor encroachments (such as the
North 109 Corner an South 111 Corner) which do not materially or unreasonably interfere with
an Owner's use and enjoyment of the 109 Pier & Dock and 111 Pier & Dock (collectively, the
"Minor Encroachments") may result, and subject to the terms and conditions of this Agreement,
each Owner hereby consents to any such Minor Encroachments.
2. Reciprocal Rights of Entry.
2.1 111 Owner hereby grants the 109 Owner the 111 ROE to enable the 109
Owner to maintain, repair, and reconstruct the 109 Pier & Dock, including the North 109 Corner,
as necessary and appropriate at all reasonable times in accordance with the terms of this
Agreement.
2.2 109 Owner hereby grants the 111 Owner the 109 ROE to enable the 111
Owner to maintain, repair, and reconstruct the 111 Pier & Dock, including the South 111
Corner, as necessary and appropriate at all reasonable times in accordance with the terms of
this Agreement.
3. Representations and Warranties.
3.1 109 Owner represents and warrants to 111 Owner that 109 Owner has
the right to enter into this Agreement without obtaining the consent of any third party, and no
one other than the 109 Owner holds any interest in or license to occupy the 109 Pier & Dock.
3.2 111 Owner represents and warrants to the 109 Owner that (i) 111
Owner has the right to consent to the to the existing encroachment by the North 109 Corner
into the water portion of the 111 Property as depicted on Exhibit "C" and the Minor .
Encroachments; (ii) grant the111 ROE without obtaining the consent of any third party, and (iii)
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no one other than the 111 Owner and Richard N. Frank and Mary Alice Frank, Trustees of the
Frank Community Property Trust dated July 26, 1991 (collectively, "Frank"), the owners of 113
Bayside Place, who share ownership of the 111 Pier & Dock with the 111 Owner, hold any
interest in or license to use or occupy the 111 Dock.
4. Users; Right to Pass. The 109 ROE and 111 ROE may be exercised only by the
Users. "User" means, individually and collectively, the Owners and their respective
guests, invitees, employees, agents, and contractors. The 109 ROE and 111 ROE confer only
the right to pass and repass over the water portions of the 109 Property and the 111 Property
as depicted on Exhibit "C" for the purposes described above in Recital G.
5. Maintenance and Repair of Piers and Docks;; Insurance Claims.
5.1 Maintenance and Repair. The Owners shall each at their own expense,
maintain their respective piers, docks, floating docks, and related improvements situated on
their respective properties in good order and repair, and take all appropriate precautions to
avoid injury, damage, or destruction to one another's piers, docks, floating docks, related
improvements, and other property. If the piers, docks, floating docks, or related improvements
are injured or damaged due to the act or negligence of the other Owner, such other Owner
shall, at its sole expense, repair or rebuild the damaged piers, docks, floating docks, related
improvements, or property as necessary within thirty (30) days after the occurrence of such
injury, damage, or destruction. The Owners acknowledge and agree that if, in the course of
maintaining their respective piers, docks, floating docks, and related improvements as provided
in this Agreement, it becomes necessary to rebuild all or any portion of the existing piers,
docks, floating docks, and related improvements, each Owner shall have the right to do so as
long as the replacement piers, docks, floating docks, and related improvements are located in
substantially the same place and configured substantially the same as the existing piers, docks,
floating docks, and related improvements.
5.2 Insurance Claims and Proceeds. The Owners shall each maintain
adequate insurance coverage to insure against injury, damage, or destruction of their
respective piers, docks, floating docks, related improvements, and other property. If the piers,
docks, floating docks, related improvements, or other property are injured or damaged due to
the act or negligence of an Owner, such Owner shall prepare and file an insurance claim with
its insurance company, apply any proceeds of such claim to repair or rebuild the piers, docks,
floating docks, related improvements, or other property and pay the entire balance required to
repair such injury, damage, or destruction not covered by insurance as necessary within thirty
(30) days after the occurrence of such injury, damage, or destruction.
6. Term. The Rights of Entry will begin on the date this Agreement is recorded.
This Agreement will terminate only if, as, and when the 109 Pier & Dock or 111 Pier & Dock are
redesigned and rebuilt so that the North 109 Corner and the South 111 Corner or any future
Minor Encroachments cease to exist.
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7. Effect on the Real Estate. In their exercise of the Rights of Entry the Users must
(i) keep the 109 Pier & Dock and 111 Pier & Dock in a clean and safe condition, (ii) not damage
any property belonging to the other Owner or any occupant of the other property, and (iii) not
interfere with the operation of the use and enjoyment of the other property. If any property
belonging to any of the Owners or any occupant of either property is damaged as a result of
use of the Rights of Entry by the other Owner or any User, the other Owner shall promptly
repair the damage at such Owner's sole cost and expense.
8. Users' Assumption of Risk. The Users will exercise their right under this
Agreement at their sole risk. Neither Owner will be liable for the personal injury or death of any
person (including any User) or for any damage to the property of any person (including that of any
User) resulting from any User's exercise of the Rights of Entry.
9. Indemnification. Each Owner shall indemnify and defend the other Owner from
all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys'
fees) that such Owner incurs arising from (i) an Owner's breach of this Agreement, (ii) any
User's exercise of the Rights of Entry, or (iii) any dispute between an Owner and any third party
concerning this Agreement. The Owners intend that neither Owner will incur any loss, cost, or
expense as a result of having granted the Rights of Entry.
10. Application. This Agreement is limited to and shall apply only to the 109
Encroachment, the 111 Encroachment, any Minor Encroachments, and the Rights of Entry
specifically dealt with in this Agreement, and not to any other issues which may now exist or arise
in the future between 109 Owner, 111 Owner, or any other part of the 109 Property or 111
Property.
GENERAL PROVISIONS
G1. Notices. Notices relating to this Agreement must be in writing and sent to the
addresses set forth in Recital s A and B. A party may change its address for notices by giving
notice as required by this Section G1. A written notice will be considered given (i) when
personally delivered, (ii) two business days after deposit in the U.S. Mail as first class mail,
certified or registered, return receipt requested, with postage prepaid, (iii) one business day
after deposit with a reputable overnight delivery service for next business day delivery, or (iv) on
the business day of successful transmission by electronic facsimile.
G2. Successors and Assigns. Subject to any provisions of this Agreement
prohibiting or restricting the assignment or other transfer of rights or obligations under this
Agreement, each party's obligations and rights under this Agreement bind and benefit its
successors and assigns.
G3 Subject to Rights of Record. The Rights of Entry are subject to all matters of
record, and shall not operate to convey to either Owner any other interest in the other Owner's
property.
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G4. Time; Business Days; Extension of Time for Non -Business Days. Time is of the
essence of each provision of this Agreement in which time is a factor. In this Agreement, the
term "business day" means days other than Saturdays, Sundays, and holidays observed by the
United States or the State of California. If the date on which an event is to occur under this
Agreement falls on a Saturday, Sunday, or observed holiday, the event may take place on the
next business day.
G5. Uncontrollable Events. The date by which a party is to perform an obligation
(other than the payment of money) under this Agreement will be extended for the period during
which the party is prevented from performing by an event beyond its reasonable control
(including acts of God, work stoppages, riots, and other similar events). If (i) under the
provisions of this Agreement, a party must give notice or take other action, by a certain date, to
exercise or preserve a right and (ii) on that date, an event beyond the party's reasonable control
prevents the party from doing so, the date will be extended until the third business day after the
party's ability to perform the required action is restored.
G6. Survival. All representations, warranties, indemnities, and releases contained in
this Agreement will survive the termination of this Agreement.
G7. Entire Agreement; Modification; Waiver. This Agreement (including any attached
Exhibits) contains the entire agreement between the parties regarding the subject matter of this
Agreement, including all representations and warranties between them. Any modification of this
Agreement must be in writing and signed by both parties. Any waiver of a provision of this
Agreement by a party must be in writing.
G8. Governing Law. The internal laws of the State of California govern this
Agreement.
Gg. Interpretation. The captions appearing in this Agreement are for convenience of
reference only, and they do not affect the meanings of the provisions of this Agreement. In this
Agreement, each gender includes the other genders. Words in the singular include the plural
and vice versa, when appropriate. The word "person" includes natural individuals and all other
entities. The use of the word "any" includes the concepts of "any one or more," every," and
"all"; and the use of the words "any part" (or words of similar import) include the concepts of
"any one or more parts of the described item" and "the entirety of the described item." Unless a
contrary intent is stated, the word "include" (or variations of that word) does not imply that the
item or items mentioned are an all-inclusive listing. The word "term" includes any covenant,
condition, representation, warranty, or other provision that is part of an agreement. The word
"cost" includes any cost or expense. Whenever a provision of this Agreement requires a party
to perform an act, that person must do so at its sole cost (unless otherwise stated in connection
with that provision).
G1O. Consents. Whenever a provision of this Agreement requires a party's consent or
approval and the provision does not state a standard for granting or withholding the consent or
approval, the party shall not unreasonably withhold, delay, or condition its consent or approval.
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G11. Additional Documents. Each party shall sign, acknowledge, and deliver to the
other any additional documents reasonably required to carry out the provisions of this
Agreement.
G12. Counterparts. The parties may sign this Agreement in counterparts. The
signature pages from the separately signed counterparts may be attached to one copy of this
Agreement to form a single document.
G13. Attorneys' Fees. If a dispute arises regarding this Agreement, then, as between
the parties to this Agreement, the party prevailing in the dispute will be entitled to recover from
the other party the reasonable costs and expenses that it incurred in enforcing its rights under
this Agreement, including reasonable attorneys' fees.
G14. Enforceability. If a court of competent jurisdiction holds that any provision of this
Agreement is invalid or unenforceable, the remaining provisions of this Agreement will continue
in full force.
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109 OWNER":
JAY L. MOSS
DIANA MOSS
ACKNOWLEDGED AND APPROVED:
9921A,�
"111 OWNER":
GART M. SUTTON
RONDA K.SUTTON
RICHARD N. FRANK, Trustee of the Frank Community Property Trust dated July 26, 1991
MARY ALICE FRANK, Trustee of the Frank Community Property Trust dated July 26, 1991
ATTACH NOTARY ACKNOWLEDGEMENTS
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STATE OF CALIFORNIA )
ss.
COUNTY OF )
On before me, Notary Public,
personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
9
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STATE OF CALIFORNIA )
ss.
COUNTY OF )
On before me, Notary Public,
personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and aclmowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
10
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STATE OF CALIFORNIA
COUNTY OF
On
personally appeared
before me,
ss.
Notary Public,
who
proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
11
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(Seal)
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , before me, _ Notary Public,
personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
12
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LEGAL DESCRIPTION OF THE 109 PROPERTY
(See Exhibit "A" following this cover sheet.)
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EXHIBIT "Al'
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LEGAL DESCRIPTION OF THE 111 PROPERTY
(See Exhibit "B" following this cover sheet.)
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9AU -1kd -1Y
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DEPICTION OF THE NORTH 109 CORNER, THE SOUTH 111 CORNER AND
RIGHTS OF ENTRY
(See Exhibit "C" following this cover sheet.)
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EXHIBIT "C"
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manatt
manatt I phelps I phillips
November 29, 2007
BY REGULAR U.S. MAIL AND MESSENGER
City of Newport Beach
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, California 92660
Attention: Lisa Walters
Re: 109 Bayside Place, Corona del Mar, California
Dear Ms. Walters:
Angela Kraus
Manatt, Phelps & Phillips, LLP
Direct Dial: (949) 644-7064
E-mail: AKraus@manatt.com
Client -Matter: Y18907
We are counsel for Jay and Diana Moss, the owners of 109 Bayside Place, Corona del
Mar, California. Your letter to Mr. and Mrs. Moss dated November 1, 2007 has been referred to
us for response on their behalf. In your letter, you advise Mr. and Mrs. Moss that they must start
a process to relocate their floating dock by November 30, 2007 because it extends over their
property lines onto 107 and I I I Bayside Place in violation of the setback requirements
established under the Newport Beach Harbor Permit Policies.
We have reviewed the documents and correspondence in your file, as well as those
remaining in the original files of the Orange County Superior Court in connection with Case
Number 144942 entitled Martin v. Laws, et al (the "Lawsuit'). Our research reflects that the
case arose out of a dispute among the Martins, the previous owners of 109 Bayside Place, whose
estate sold the property to Mr.& Mrs. Moss, and various other parties, including the then -owners
of 105 Bayside Place (Quandt), 107 Bayside Place (Klitten), 111 Bayside Place (Ingham), the
Martin's seller (Laws), and the City of Newport Beach.
The dispute arose after the Martins obtained a permit for and were preparing to construct
a new pier and floating dock to serve 109 Bayside Place, replacing a then -existing floating dock.
The permit, which was approved by the Newport Beach City Council on June 14, 1965 and
issued by the Public Works Department on June 15, 1965 (the "1965 Permit"), completely
waived the normal setback requirements and specifically approved encroachment by the floating
dock system over the neighboring property lines in order to allow the Martins to have a float
comparable to the then -existing float, and to enable boats to avoid rocks at the bottom of.the bay.
The Lawsuit was settled after nearly two years, when a Consent Judgment dated July 17, 1967, a
copy of which is enclosed with this letter for your files (the "Judgment"), was entered on July 18,
1967, on page 113 of the Book of Judgments, as item number 1.30, and a certified copy was
695 Town Center Drive, 14th Floor, Costa Mesa, California 92626-1924 Telephone: 714.371.2500 Fax: 714.371.2550
Alba%,p 91l_�ts Angeles I New York I Orange County I Palo Alto i Sacramento I San Francisco I Washington, D.C.
manatt
manatt I phelps I phillips
City of Newport Beach
November 29, 2007
Page 2
recorded on the same date as instrument number 10459 on page 670 of the Official Records of
the Orange County Recorder.
The Judgment states unequivocally that Carolyn Martin has the right to build a pier and
floating dock in accordance with the terms and conditions of the permit dated April 13, 1967 (the
"Final Permit'), which incorporated the terms of and related back to the 1965 Permit, "without
interference or interruption by defendants" (Quandt and Klitten, owners of 105 and 107 Bayside
Place), specifically.authorizes the float system to extend over the common lot line between 107
and 109 Bayside Place, and provides that the right to do so "shall run with the land and be
binding upon and inure to the benefit of'Martin, Quandt, Klitten, and their respective heirs and
assigns. The Judgment also enjoins and restrains these parties (and since it is binding upon their
successors and assigns, any successor owners) from ever "asserting or claiming any ownership,
title, possession, or other matters in connection with the property, real and personal, the subject
of this judgment contrary or in opposition to the adjudication in this judgment contained", thus
resolving the entire matter with absolute finality.
The file also reflects in a memo dated June 14, 1965 from Joseph T. Devlin, Public
Works Director, to the Newport Beach City Council recommending approval of the Martins
application to constrict a pier and floating dock for 109 Bayside Place, that due to the
convergence of the property lines at the proposed float location, the floating dock would also
extend northerly over the property line between 109 and 111 Bayside Place. The City Council
approved the permit application based on the findings and recommendations of and as
recommended by the Public Works Department. The 1965 Permit and the Final Permit were
issued on the basis of such approval.
The pier and floating dock as currently configured were built in their present locations in
1967 shortly after the Judgment was entered in accordance with its terms and the Final Permit.
The owners of 105, 107, 109, and 111 Bayside Place enjoyed their respective piers and docks,
and peace reigned in the neighborhood for over forty years until it was abruptly shattered when
the McDonalds and Suttons, current owners of 107 and 111 Bayside Place, filed their complaints
with your department just days after Mr. and Mrs. Moss consummated their acquisition of the
property on August 28, 2007. Their complaints and your ensuing .investigation prompted you to
issue your November 1 letter.
Our review of the Judgment, the 1965 Permit, the Final Permit, and all the documents,
correspondence, drawings and other materials in your file leave no doubt that this entire matter
was fitlly vetted during the original permitting process and in the course of the Lawsuit. The
Lawsuit was settled by the predecessors -in -interest to the current owners of 105, 107, and 109
Bayside Place, and all issues concerning setbacks, extensions over property lines, and related
matters were conclusively resolved by the Judgment resulting from the settlement. The
70050913.1
manatt
manatt I phelps I phillips
City of Newport Beach
November 29, 2007
Page 3
Judgment, by its own terms, runs with the land and binds the current owners 105, 107, and 109
Bayside Place, just as it did the owners of such properties at the time it was entered. The
extension of the floating dock serving 109 Bayside Place over the common property line between
109 and 111 Bayside Place was thoroughly reviewed and approved during the permitting
process, which culminated with the issuance of the 1965 Permit and Final Permit. Thus, the pier
and floating dock serving 109 Bayside Place do not violate any Newport Beach Harbor Permit
Policies, or any other rules or regulations governing the same.
Based on the foregoing, we believe that the complaints which formed the basis of your
recent investigation are groundless, and that your request that Mr. and Mrs. Moss cause the
floating dock system to be relocated is unfounded and unenforceable. Accordingly, on behalf of
Mr. and Mrs. Moss, we respectfully request that you conclude your investigation and take no
enforcement action, as the pier and floating dock serving 109 Bayside Place comply with the
Judgment, the 1965 Permit, the Final Permit, and all applicable laws, regulations, and policies.
Please provide written documentation confirming that you have taken such action and
documented your file accordingly.
Thank you for your prompt attention to this matter.
Very truly yours, ,� >
al -
Angela Kraus
AK:cnt
Enclosures
cc: Jay & Diana Moss
Tim Paone
70050913.1
L '8314 ' ...671
TrvsteeUn
er
Deg tlof Trugtj in fur.thrrance• ofJu s t;i cp_ and
2 fi,hdi
ng4.'a ffact
arid con c1 Lsions'of lau hail ng, been vrai.ved;, !
..'•:..4 -
,' 1.7 IS .HEREM OROER;EE�,_ADObDGE.D.:Kf1D �DE'C PE'E,D..
:6
Pl ai ntl ff, daro{yn 0e.h rm an VaYtn , bas r,ec ir" •.
'r• 7 .a:
P.erm9t tq' Eohst7rudf a 4iex J,rbm he,r:;tot.,ltp ,,as s};na.r,',.g.
,
Lj
depi:ctad_o�'Ex
b9t A"'at tae1 ed hereto and$�nenrporatee +a Fet.. '
I�•'
by reference
'• > .•.
10.1�
-rj.of
109 is pwnEd by+Ga.r61yn Gch^rmap I3,rtin plafnCifF
11
herein and ie'more p,'art1c,ulady described-ln Exh10t "Da• !
attached. beret) and. by'.'_refeten.ce incor�pq.ra led, her.e4 n. ..
13�
h'he pior pe rmit.,.for tb.,e cons }ruction of the`pi c r.'
.14,,
and fi:oat-syste.m.,in
i
the manner de's'cribed i_n,.Exhibit °A" was•
15•,
d0 an dv:a,l i-dy', issued -by the, Ci'ty'-of 'Fewp.ort-Bench .and
16i
• . ,.
pPa i.ntiff, Carolyn Geh xman. Marti n, h as Yhe--.ri.9%t to. buia
.
17i
pier i.h aeYorda.nce
with 'hp terms and cohdi t:.i ons of .said .perr•it
28
f
without inite
rfe rence art 'interrupYi'an by.defendants
�A..port,6nr of the float to. be attached to 52fd pier, .
1.20'�fr
as.p.ro'vi ded 1n Exhibit "A",will extend 6vd r the eztc;nsfon of
21I'
tbe'.commmll lOlt' Tine'bytween pt,ainti:ff.l.artifn'S. l,pt 109,and
22
defe ndan t K114 tens' loe iQ.7l beyond the ti'lieof
mean high_ -lice
23
fn•tlawport Bay, as set, fortf
in Exhibit "�.":
Said +l-ot 10,7
24!
is-more:particularly descrlbfid
.E Inxhibit `C" attache.d he�etd .•
•
- 25lf
and by:reference, incorpoea ted he ro i,n .
The ri 9ht to c¢ns tr(utt a'n'd maintain card pier and
27
float system a5 set fortis An tE>hibit "A FO that' the float
.20
att'0 c hel , to, said pfer xt;end�=over
the exa nsfon of said common
29
lot hi ne between said lots lq9
an a•10Y, be, onH said 1?ne of
.-39
mean h ig h, ti de.; ., is as,to s,ai
d„I lot. i.07, a r,f 9h} which 'shall
.
roh`viith the land and be,. bi nijing
.upon and fnµre to the Benefit
32
'of'both pjain,ti
ff, Ca H.blynjghrman
fiartin, and defendants '
...'....-
-2, ..
r
✓
�It
r....,,:i..r�e.
��
._.:-5:'t'
s..:: a, , k.� .4.. .. i.6 .1e. I
e...a�.:r._ :K_....��..��.. .. _. -
p.
r
:1.''lAartin'R•r,
tben;. 2'ds5e•)ia•;Fa'y:K.lt,tten a'nd.their respe.c.ti.ve,,' ; ..
`'he
t.rs ,,'s U. G.0 Ss on :aAd, aS,sign`s:, .:
I'
"r2L'. N dt 106q,i'nAh is ij,ud 9me'n t, c.onnt'a'SPed' s h'a'11 rd c'i uCe
5,
'
the city of{Ilen'p.'q
rt 0aach; f roml'eMe reisi pq fud:l d is clef i'qn under
..
'.1;'.6j'
the 'prn pAr'9'i'sertion;,of':t'tie',C
il.
i,'ty."s po l i oe. ,p ow ar. d+ ith reSpe, Ct:,
to said, pi ers , flojts and;Aer�i i:�'th'e suhjec tof 'this,dudyment,.;
."SF
i 31
'P.I a160 ff, Carolyn Oehrma n'Ma r ill n, has fR right,
.'
id�
title- cl4.11im or interest o.f.any klnd:'ar nature in and tb lot 105
'.
'
11�
now oflne,0. by defendant'. 6 r 1� tf! Qua+id't and tmore pa rticu.larly
_ . .
de'scribed..in.Exhi,bi.t'iB".*at'tadhed' horetd,and , by reference -
•
I,
131'
in parated, he rai n, or .i n, and to the gx4st{nq p,or extending
1
. .,.
:
4
j.41
:. _
"' � I ne�.dflots 107':and�
thtq IlgwAort 0dy albng th'e cgmmoh tat.
1
,�.
• 15'
1D5, qN 4,n and -ta the fT0ats attached:t'hergto.
1:✓.�
'4 Plaintiff'anQ 0¢fundahts,
t
Flarft:n P. F;litfdn
18,
Rass04-6 FalIy Kl itten, Ca r'1 H Quandi. and lfi et6r d Swanson
im
"
AR,
do'anJ ti'u 5'�n'cs5' as Croft &`,Seville, ere on,loin'ed and' re s.trai nod
?O�j
from horeafiter,asSorttng..or claiming. any OW+ ership title,
_
21Cj
i
po5;essd qn i or othee. matters tn, cognection wi.,th the property, l
_-.'.22.
R!
te.aI..an& pelrsona1 the, subject of this J:aBgme:nt contra�ry.gY'
23 I{i,'
P
in pppos.i tifon tv the adj udj carji 0p i:n tbis judgment containeg,-
24f
!C
'
251
5l, Defendant,'Lestgr tev', Title IKs u r a n c e,. and Trvs t.. ;
26
eopfpanyt,'40mes-K.
ingham.and i'1pre'nto 5 Ingham and n.11 Dog
27
4efendahi; Id
re dismisggd from the, �acti on
:
•' -
29.
'.0,;_tXhtbn is "A':".'� B°,."C" and "0""' areataa:chetl and
30
ins orporaked herein by reference
'
r l' ... '
'
31•
I
r
b
�r
,f
,wwY�T �1'Pa fv a
\x y_ Awe
45.
l
�' Bi MpA1 victmijj'Y SKETCH
' Nf .vva.w lfw: Cr yles.•M o .° d•f!y r
FEE
Zn-
j
JJr
f''Rl7PO�E,� P1„��:/ P,h�.F' f F-�".�1.% iRNCf7✓f2 �Ltg
!� I
� t
d EK,.aC: rrecuv'o'�
lh
4
t
---"'--i. �)•, '1 �y. e4�r°nit szn� J
i
ii
.d
1.
13
LOT 105
That portion of Block D of Corona Del Mar, in the city of
Newport Beach. county of Orange, state of California, as per
map recorded in book 3 pages 41 and 42 of Miscellaneous Maps,
in the office of the county recorder of said county, described
as follows:
Beginning at the point, of intersection of the northwesterly pro-
longation of the northeasterly line of Seaview Avenue (formerly
53st Place) with the northwesterly line of Carnation Avenue,
(formerly 30th Avenue) as said 51st Place and 30th Avenue are
shown on said map of Corona Del Mar; thence North 500 i9' 30''
West- 120.00 feet along the northwesterly prolongation of the
northeasterly line of said Seaview Avenue; thence South 390 40f
30'' blest 153.67 feet, parallel with the northwesterly line of
said Carnation Avenue, to the true point of beginning, said
point being the, southeasterly corner of the land conveyed to
Martin R. Xlitten and wife, by deed recorded January 31,1950
in book 1961 page 290, Off ciall Records; tZenee North 63053'
18" West 147.25 feat; thence North 79a 27' 33" west 49.71 feet
to the line of ordinary hiEh tide of the Pacific Ocean in iev:porl;
Bay, as described in the Decree rendered April 3, 1942, in an
Action entitled County of Orange, plaintiff, vs. Shirley H.
Willits and others, defendants, Case No. 40024 in the Superior
Court of the State of California, in and for the County of
Orange, a certified copy of which Decree was recorded April 3,
1942 In bock 1141 page 353, Official Records, being the.south-
westerly corner of said :litten land; thence southerly 42.43
feet along said ordinaryiagh tide line, to the northwesterly
corner of that certain parcel of land conveyed to Cheslay E.
Osborn and wife, by deed. wecorded Nay 20, 19«9 in book 1846
Page East
30, Official RC Cpr' thence ci.ut 72 .5�' �}1`� c.F 16.98
feet; thence South 680 53' 18" East 155.15 feet to the north-
easterly corner o., said.3sborn Lend; thence North 390 40' 30"
East 52.74 feet, parallel with the northwesterly line of said
Carnation Avenue, to the true point of beginning.
Said land is included within the area shown on a map filed in
book 21 page 20 of Record of Surveys, in the offtoo of the
county recorder of said county. "
LOT 107
That portion of Block D, of Corona Del Mar, in the
City of Newport Beach, County of Orange, State of
California, as per map recorded in Book 3, Pages 41
and 42 of Miscellaneous Maus, in the Office of the
County Recorder of said County, described as follows:
E. Beginning at the point of intersection of the north-
westerly prolonRaticn of the northeasterly line of
Seavie:a Avenue (formerly 51st Place) with the north-
y westerly line of Carnation Avenue (formerly 30th
p. Avenue) a, said 51st Place and 30th Avenue are shown
on said Map of Corona Del Mar; thence North 500 19'30"
West 120.00 feet along the northwesterly prolongation
of the northeasterly line of .:aid Seaview Avenue;
thence South 390 40 30"Vilest 105.93 feet parallel with
the northwesterly line of said Carnation Avenue to the
true point of beginning; thence North 680 53' 18" West
` 1.39.36 fret; thence North 350 20' 28" West 85,44 feet to
the line of ordinary high tide of the Pacific Ocean in
?deg:.^,port Bay, as described in the decree. rendered April
3, 1942, in an action entitled County of Orange, Plain-
tiff, vs. Shirley H. Willits, and others, Defendants,
Case No. 40024 in the Superior Court of the State of
California, in and for the County of Orange,'a certified
copy of which decree was recorded April 3, 1942, in
Book 1141, Page 353 of Official Records; thence Southerly
35.93 feet along said ordinary high tide line; thence
r South 790 27' 33" East 49.71 feet, thence South 680 53' l.8"
$ East 147.25 feet; thence North 396 40' 30" East 52,74 feet
Parallel with the Northwesterly line of said Carnation
F Avenue to the tmc point of beginning.
3
Said land .is included within the area shown on a Flap
filed in Book 21, Page 20 of Record of Surveys, in
the Office of the County Recorder of said County.
Y .
's
i
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E A A 1 B 1 f ' l["
LOT 109
All that certain laud attested in the City of Newpurt Beach, County of Orango.
State of California, described as follows.:
Parcel 1: That portion of Block D of corona Del Mar, as showa on a Map recorded
in Book 3, pager. 41 and 42 of MtsceilarcnuA Naps-, records of Orange County,
California, described as follows:
B cSiania9 at tole point of intersection of Cho N-rthwcstLrly prolongation of tLu North-
easterly line of Senvtew Avenue (formerly 51sc Place) with the Northeasterly line of
Carnation Avenue (formerly 1CCh Avenue) as said 51st Place and 30th Avenue are shown
an said map of Corona Del Mar; Chance North 50" 11' 10" West along the Northwesterly
rnlongatian of the. Norti,rasterly lino of said Seaview Avenue, 120.0 feet; thence
South 39` 40' 10" West, patallei to the Not:L wasrcrly line of said Carnation Avenue,
3.34 feet to the true point of beginning, said point being an the SoutharI7 line of
the land ronvaycd to James K. Ingham and wife by deed recorded May 20th, 1949 in
Book 046, page 25 of official Records; thence North 89" 23' 57" West, along the
Southerly line of said land conveyed to Ingham 279.54 feet to the line of ordinary
Ugh tide of the Pacific ocean in Newpotc Bay, as "described in the decree rendered
April 3, 1942 in an action entitled County of Orange, Plaintiff, vs. Shirley N.
Willits, and others, Defendants, Case Now 40024 in the Superior Court of the State
of California, in and for the County of orange, a certified copy of which decree
was recorded April 3, 1942 in Book 1141, page 353 of official Records; thence
Southerly along said ordinary high tide line 24.79 feet to the Northwesterly corner
of the land conveyed to martin R. Klitten and wife by deed recorded Jannary 31, 1950
in Book 1961, page 2.90 of Official Records; thence South BY 20' 26" East 85.44 feet,
thence South 68° 53' 18" East 139.36 fact to the Northeasterly corner of said land
conveyed to X,litten; thence North 39" 40' 30" East, parallel to the Northwesterly line
of said Carnation Avenue, 102.59 feet to thc.true point of beginning.
Note: Said lend is shoaa on Licensed Surveyor's lap filed in Back 21, page 20 of
Record of Surveys in the office of the County Recorder of Orange County, California.
Parcel 2: An easement for roadway and public utility purposes to be used in cortman
with otner, overandthrough that portion Q the strip of land hereinafter describod,
Whick is net i::aludcd within r_he lines ci Pare.! 1:
A Parcel of land in Block D of Ccrvoa Del Nor, as shown on A Map recorded in B00% 3,
pages 41 and 42 of Miscollnneoas Ma?a„ recovds of orange County, California, more
particularly described as follows:
F X li I' 1 'P '"
DeBinniuE at the pointof intersection of the Northwesterly line of Carnation Avenue
(formerly 30th Avenue) with the Northwesterly prolongation of the Northe.racorly line
of Seaview Avenue, (formerly 51st Place) as said 30th Avenue and 51st Place are
shown on said cup of Corona Del Mar; thence North 509 19' 30" West alone said
Northwesterly prolongation of. the Northc:•steriv line of Seaview Avenue, 119.0 feet
to an angle point in the Westerly boundary of the land conveyed to Edna V. raynes
by deed recorded April 5th,. 194.5 in Book 1303, page 263 of Official Records; titcnca
North 4° 48' 30" Wert, along the Westerly line of said land conveyed to'aaynes.
60.30 feet; thence continuing along the Westerly line of said lanS corvcyad to
Haynes North 14' 32' 30" West $3,90 feet; thence North 300 301 East 21..!5 feet to
a point in the Southwesterly line of Bayside Drive, formerly Old County Road;
thence Northwesterly along said Southwesterly line of Bayside Drive 30.0 feet
to the most Southeasterly corner of the 40-foot easement extending from Baysi.do
Drive to the ordinary high tide line of the Pacific Ocean in Newport Bay conveyed
to the City of Newport Beach by deed recorded Novemger 27.,1937 in Book 919,
papa 164 of official Records; chance South 73" 54' 47" W^sst along the Southca.terly
line of said casement 32,0 feet; thence South 9" 42' 14" Fast 122.20 fact; thence
South 9° 55' West 50.73 feet; thence South 34" 06' 13" West 80.0 feet; thence South
39' 40' 30" Wert 162.92 feet to a point 5 feet South 396 40' 30" West of the
intersection of said ling with the Northwesterly extension of the Southerly line of
tt�x Sar`::.k�.''..;,xaryx: the land conveyed to Laura M. Newel l by deed recorded October
6th. 1941-in Book 1109, page, 552 of Official Records; thence South 500 19' 30" East:,
parallel to -said Northwesterly extension of the Southerly line and the Southerly
line of said land conveyed to Nowell, 155.00 feet to the Northwesterly line of
Carnation Avenue; thence North 393 40' 30" Fast along the Nwrthwesterly line of
yaid Carnation Avenue, 5 feet to the most Southerly corner of said land conveyed to
i;cwell; thence North 50. l9' 30" West along the Sauthc:ly line of said land conveyed
to i:esee ll, 120 feat to the most t:estarly corner thereof; thence North 31i` 40' 30" F,ast,
Parallel to the Northwasterly line of raid Carnation Avenue, 270,60 feet to ttiu most
No,-.nc�-rly corner of a parcel of land conveyed to Alonzo Lee Burdick and wife by deed
rucorded, Aagu::e 22, 1944 in BOok 1.235, pxgc 9 of Official Records; thence $ontie:;0-
19' 30" Fast along the !?oreheea^_erly 11na of saij land conv ycd to Isurdick, 12u.0
Feet to the Northwestorly line of Carnation Avenue; thence Norrh 39` 40' 301, East,
olnng the Northwesterly line of Carnation Avo;::;e, 5 feet to the point of beginning.
...... .....
679
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[Draft Response to M/M Sutton -Put on CNB-HRD Letterhead]
i
December 17, 2007
Mr. & Mrs. Gart Sutton
I I I Bayside Place
Corona del Mar, California
Re: Your correspondence of August 30 4, 2007 11
Dear Mr. & Mrs. Sutton: a.o�% r, w -
I am responding tV your e-mail tf August 30, 2007, in which you c plained that
the floating dock serving/109 Bayside lace encroaches onto your prope
Following rece' t of your co plaint, we conducted and complete a thorough
investigation of this tter. We lea d about a lawsuit, Orange County Sup rior Court Case
Number 144942 entitle Martin v. Law , et al (the "Lawsuit"), which arose ou of a dispute
among the Martins, th previous owne of 109 Bayside, and various other pa ies, including the
then -owners of 105 BtnEc
side Place (Qu ndt), 107 Bayside Place (Klitten), I I I ay side Place
(Ingham), the Martineller (Laws), d the City of Newport Beach. The L suit was initiated
after the Martins L15,1
ermit for nd were preparing to construct a ne pier and floating
dock to serve 109ce, replacing a then -existing floating dock. T e permit, which was
approved by the Nch City ouncil on June 14, 1965 and issued y the Public Works
Department on Ju(the "19 5 Permit" ),.es�waived the setback
requirements andapproved encroachment by the floating dock system over the
neighboring property lines in order to allow the Martins to have a float comparable to the then -
existing float, and to allow boats to avoid rocks at the bottom of the bay. After nearly two years,
the Lawsuit was settled by a Consent Judgment (the "Judgment") which was entered on July
18, 1967, on page 113 of the Book of Judgments, as item number 130, and a certified copy was
recorded on the same date as instrument number 10459 on page 670 of the Official Records of the
Orange County Recorder.
6wkl 6 C rt� "� usv ei f GrC. /llLL4;L�
The J ent �' granted Carolyn Martin the right to build a pier and floating
dock in ac rdance with the terms and conditions of the permit dated April 13, 1967 (the "Final t /el 7�
Permit") f the, it,authorized the float a
system to extend over the common lot line between 107 and 109 Bayside PI e, and provided that
the right to do so "shall run with the land and be binding upon and inure to t e benefit or' Martin,
Quandt, Klitten, and their respective heirs and assigns. The Judgment also rohibited t and
any successor owners from ever "asserting or claiming any ownership, tit , possession, or other N�.
matters in connection with the property, real and personal, the subject o his judgment contrary x
r,
or in opposition to the adjudication in this judgment contained", thus r solving the entire matter
forever.
Based on the foregoing, we have concluded that, he pier and floating dock serving 109 cs
Bayside Place floes not violate any Newport Beach Harbo Permit Policies, or any other rules or
0� regulations Vveming the same, as -they comply with the J gment, the 1965 PermiAlhe Final
Permit'
11� V`iu''""
1
[Draft Response to M/M MacDonald -Put on CNB-HRD Letterhead]
December 17, 2007
Mr. & Mrs. John M. McDonald
107 Bayside Place
Corona del Mar, California
Re: Your correspondence of September 4, 2007
Dear Mr. & Mrs. McDonald:
I am responding to your e-mail of September 4, 2007, in which you complained
that the floating dock serving 109 Bayside Place encroaches onto your property,
requested that we require the encroaching dock to be removed, and that any future permit
applications for a new dock serving 109 Bayside Place be denied if a proposed new dock
is configured the same as the existing dock.
Following receipt of your complaint, we conducted and completed a thorough
investigation of this matter. We learned about a lawsuit, Orange County Superior Court Case
Number 144942 entitled Martin v. Laws, et of (the "Lawsuit"), which arose out of a dispute
among the Martins, the previous owners of 109 Bayside, and various other parties, including the
then -owners of 105 Bayside Place (Quandt), 107 Bayside Place (Klitten), 11 I Bayside Place
([nghann), the Martin's seller (Laws), and the City of Newport Beach. The Lawsuit was initiated
after the Martins obtained a permit for and were preparing to construct a new pier and floating
dock to serve 109 Bayside Place, replacing a then -existing floating dock. The permit, which was
approved by the Newport Beach City Council on June 14, 1965 and issued by the Public Works
Department on June 15, 1965 (the "1965 Permit"), eein>letelq-v✓trn+ed-the customary setbac Styhx
requirements and specifically approved encroachment by the floating dock system over the S d4- 6`T/�'.
�)Z�,
neighboring property lines in order to allow the Martins to have a float comparable to the then -
existing float, and to allow boats to avoid rocks at the bottom of the bay. After nearly two years,
the Lawsuit was settled by a Consent Judgment (the "Judgment") which was entered on July
18, 1967, on page 113 of the Book of Judgments, as item number 130, and a certified copy was
recorded on the same date as instrument number 10459 on page 670 of the Official Records of the
Orange County Recorder_ A copy of the Judgment is enclosed for your reference.
The Judgment unequivocally granted Carolyn Martin the right to build a pier and floating
dock in accordance with the terms and conditions of the pennit dated April 13, 1967 (the "Final
Permit") which included all of the provisions of the 1965 Permit, specifically authorized the float
system to extend over the common lot line between 107 and 109 Bayside Place, and provided that
the right to do so "shall run with the land and be binding upon and inure to the benefit of Martin,
Quandt, Klitten, and their respective heirs and assigns. The Judgment also enjoined and
restrained these parties (and since it is binding upon their successors and assigns, any successor
owners) from ever "asserting or claiming any ownership, title, possession, or other matters in
connection with the property, real and personal, the subject of this judgment contrary or in
opposition to the adjudication in this judgment contained", thus resolving the entire matter
forever.
The pier and floating dock as currently configured were built in their present locations in
1967 shortly after the Judgment was entered in accordance with its terms and the Final Permit.
Both were in place when you acquired your property nearly ten years ago. The owners of 105,
107, 109, and 111 Bayside Place enjoyed their respective piers and docks for over forty years
until you and the McDonalds, current owners 107 Bayside Place, filed your complaints, just days
after Mr. and Mrs. Moss acquired their property on August 28, 2007.
Mr. and Mrs. Moss commissioned a new survey when they began preparing architectural
plans for the new house they plan to build on their property. In response to our November 1,
2007 letter to them, they shared a copy of the survey with us. It reflects that a triangular portion
of the northwest corner of their floating dock encroaches onto your property by three (3) inches at
its widest point, tapering down to one (1) inch at the smallest point. The survey that you recently
submitted shows an encroachment of the northern edge of their floating dock that measures about
9 inches at the widest point and tapering down to 6 inches. We believe that this difference in
survey results does not significantly impact the issue.
The survey also shows that the southwest corner of the floating docks serving your
property and 113 Bayside Place encroach four and one-half (41/2) inches onto 109 Bayside Place.
It also shows that your new cantilevered deck and a large portion of your new stone and stucco
wall encroach onto 109 Bayside Place.
Based on the foregoing, we highly recommend that you meet with Mr. and Mrs. Moss
and try to resolve your property line issues in an amicable and neighborly manner. We further
recommend that you document your agreement and cause it to be recorded. Please provide a
copy of the recorded agreement for our files.
Very truly yours,
Tom Rossmiller
Manager
Harbor Resources Division
City of Newport Beach
c: Mr. & Mrs.Moss
Angela Kraus, Marian, Phelps, & Philllips
The pier and floating dock as currently configured were built in their present locations in
1967 shortly after the Judgment was entered in accordance with its terms and the Final Permit. \'
The owners of 105, 107, 109, and I I I Bayside Place enjoyed their respective piers and docks for
over forty years until you and the Suttons, current owners 111 Bayside Place, filed your
complaints, just days after Mr. and Mrs. Moss acquired their property on August 28, 2007.
Our review of the Judgment, the 1965 Permit, the Final Permit, and all the documents,
correspondence, drawings and other materials in our file make it clear that this entire matter was
fully vetted during the permitting process and in the course of the Lawsuit. The Lawsuit was
settled by the predecessors -in -interest to the current owners of 105, 107, and 109 Bayside Place,
and all issues concerning setbacks, extensions over property lines, and related matters were
conclusively resolved by the Judgment resulting from the settlement. The Judgment, by its own
terms, runs with the land and binds the current owners 105, 107, and 109 Bayside Place.
Based on the foregoing, we have concluded that, the pier and floating dock serving 109
Bayside Place does not violate any Newport Beach Harbor Permit Policies, or any other rules or
regulations governing the same. Accordingly, the City of Newport Beach Harbor Resources
Division will not take any enforcement action, either as you requested or otherwise, and will
close its file in this matter as the pier and floating dock serving 109 Bayside Place comply with
the Judgment, the 1965 Perms , e ma ermrt, and all anDlicable laws. regulations. and
Very truly yours,
Tom Rossmiller
Manager
Harbor Resources Division
City of Newport Beach
c: Mr. & Mrs.Moss
Angela Kraus, Manatt, Phelps, & Philllips
107 Bayside Place
Corona del Mar, California
92625
4 September, 2007
Mr. Tom Rossmiller, Manager
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, California
92660
Dear Mr. Rossmiller:
You are no doubt aware that there have been a number of recent surveys to determine the
various boundaries of the properties and the docks in the area 105 — 107 — 109 —111
Bayside Place in Corona del Mar. An extract from one of these surveys is enclosed for
your reference. As you can see, the dock at 109 extends over the boundary between 109
and 107, and encroaches on the area belonging to 107. (Incidentally, this situation also
exists between 109 and 111.)
This letter constitutes a formal complaint concerning the encroachment of this dock onto
the property belonging to 107. Please take whatever steps are necessary to have this
encroachment removed.
It is my understanding that an application has been submitted requesting a new dock
permit for 109. Please take these encroachments into consideration when you review this
application and do not issue a permit for this dock in its present form.
Thank you for your consideration,
ery truly yours,
J FM
McDonald
May 25, 1967
Mr. Robert L. Mapte
616 W. Whittier Boulevard
Whittier, California, 90602
Subject: harbor Permit No. A-1122-R
Dear Sir:
Your request to enlarge the present float at 105
Bayside Place is being sent to the Orange County
Harbor District for their comment and approval
because the float is located on tidelands admin-
istered by the County.
Attthe City Council meeting on Main 22, a repre-
sentative of the three owners of the pier and
slips at 111 - 115 Bayside Drive appeared to pro-
test the granting of a permit at 109 Bayside P1.,
because ;t:aey felt that the new float would inter-
fere with theirs.
It is possible that the three parties will also
object to the lengthening of your float, therefore,
your request will be presented to the City Council
at the June 12 meeting for their approval.
Very truly yours,
Kenneth L. Perry
Asst. City Engineer
KLP:naj
CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT
CAROLYN W. MARTIN
NAME OF APPLICANT
615 SOUTH PASADENA AVENUE
MAILING ADDRESS
PASADENA, CALIFORNIA
HARBOR PERMIT
APRIL 17S 11967
IN COMPLIANCE WITH YOUR APPLICATION OF APRIL 13 > 196_
AND SUBJECT TO ALL TERMS1 CONDITIONS AND RESTRICTIONS WRITTEN BELOW OR PRINTED
AS GENERAL, OR SPECIAL PROVISIONS ON ANY PART OF THIS FORMy
PERMISSION IS HEREBY GRANTED TO
INSTALL A NEW PIERS RAMP AND FLOAT BAYWARD FROM YOUR PROPERTY FOR'MOORING OF BOAT
AND RECREATIONAL PURPOSES IN ACCORDANCE WITH DRAWINGS DATED APRIL 5, 1967;
SUBJECT TO THE FOLLOWING CONDITIONS:
1. NO BOATS TO BE TIED ON THE OUTSIDE OF THE FLOAT.
2. THE PUBLIC WORKS DEPARTMENT TO BE NOTIFIED 24 HOURS BEFORE START OF
CONSTRUCTION.
3. THE PUBLIC WORKS DEPARTMENT TO BE NOTIFIED 24 HOURS PRIOR TO COMPLETION
OF THE WORK IN ORDER THAT A FINAL INSPECTION CAN BE MADE..
PROPOSED WORK:
I09 BAYSIDE PLACES CORONA DEL MAR
ALL WORK TO BE IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS OF THE
CITY OF NEWPORT- BEACH AND DRAWINGS .ATTACHED OR REFERENCED THERETO. ,
THIS PERMIT SHALL BE VOID .UNLESS THE WORK HEREIN CONTEMPLATED SHALL
HAVE BEEN COMPLETED BEFORE �9.
APPROVED BY / "I K4—
p�r CITY ENGINEER
AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, AT A
MEETING HELD ON THE 14TH DAY OF JUNE s 19 65.
CITY CLERK
No. A-1122-R
CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT
APPLICATION FOR HARBOR PERMIT
DATE April 138 , 1967
CITY OF NEWPORT BEACH
CALIFORNIA
GENTLEMEN:
APPLICATION IS HEREBY MADE FOR PERMISSION TO
PPLICANT WILL DE CRIB HERE FULWY WHAT HE WISHES ?O DO AND PURPOSE OF IMPROVEMENT
.. f.. •_ ,. _. •.
ADDRESS OF PROPOSED WORK; lA R6 YaidA Plrndl
APPLICANT IS OWNER OF LOT ®�nP,l oek D a BLOCK D a TRACT ere Adel AZ.
THE UNDERSIGNED AGREES TO DO THE WORK IN ACCORDANCE WITH THE RULESa REGULATIONS AND SPECI—
FICATIONS AND SUBJECT TO THE INSPECTION AND APPROVAL OF THE CITY OF NEWPORT BEACH AND
ACKNOWLEDGES THAT THE APPLICATION AND PERMIT ARE SUBJECT TO THE GENERAL PROVISIONS FOR
HARBOR PERMITS ON THE REVERSE SIDE HEREOF AND TO ANY SPECIAL CONDITIONS IMPOSED.
CONTRACTOR
REC'D FEE
CHECK NO.
DATE
FROM
!I J ➢ . .
MAILING ADDRESS
.i 88
PHONE
APPLICATION SHALL BE IN DUPLICATE No. '�___
DDNALD D,MARWooD HARWOOO, HEFFERNAN, SODEN & CORFMAN.
TM OM AS E,MEFFERNAN ATTORNEYS AT LAW
MARK A.SODEN LIDO BUILD1110 .OBERT L.CORFMAN 3d6 L" VIA LIDO POST
173• BOBO .
DENNIS W. MARWOOD POST OFFICE BOK I907
JAMES R DEVINE NEWPORT BEACH, CALWORNIA 92603
March 20, 1967
Mr. John D. Miller
Attorney at Law
910 Ocean Center Building
110 W. Ocean Boulevard
Long Beach, California 90802
Re: Martin v. Laws et al
Dear.Mr. Miller:
Confirming our telephone conversation of Friday,
March 17, 1967, on behalf of Title Insurance, Laws and
IClittens, we make a firm final offer on the following terms
to settle the case:
1. We will pay your clients the sum of $10,380 in full
settlement of any and all claims your clients claim to have
against all defendants.
2. Your clients will execute a dismissal with prejudice
of the pending action,.a release of all defendants from any
claims, demands or liabilities in connection with the subject
matter of the litigation and a quitclaim -deed to the Quandt
lot, pier and floats.
3. There will be no escrow. The money and all docu-
ments will be exchanged through Mr. Auerbach of Title Insurance
and Trust Company, Los Angeles.
4. Mr. Klitten agrees that any float connected to a pier
constructed by Martins may extend over the line between
Klitten and Martin provided the float does not touch his float
and does not interfere with the use of Klitten-Quandt float.
5. Your clients may build any type pier and float they
desire so .long as they comply with all Municipal and govern-
mental laws and requirements and the pier and float do not
interfere with the use and enjoyment of the Klitten-Quandt pier
and float.
A copy of this letter is being mailed to other Counsel,
and they will notify you and me forthwith if this letter is
in any way contrary to the understanding we reached Friday in
Los Angeles
Mr. John D. Miller
Attorney at Law. -2- March 20, 1967
Let us know whether your clients accept or reject this
offer within 10 days.
Yours truly,
HARWOOD, HEFFERNAN, SODEN 6
CORFMAN
Mark A. Soden
MAS:dt
cc: Lester Lev
Alvin F. Howard .
Hal McLaughlin
Martin Klitten
Philip I. -.Auerbach
I
.SOH N D. MILLER
ATTORNEY AT LAW
NINTN FLOOR OCEAN CENTER BUILOINO
'- ---LONO-BEACH, CALIFORNIA 90802
TELErNONE 432-3+47
March 14, 1967
PHILIP I. AUERBACH, ESQ.
Legal Department
Title Insurance and Trust Co.
433 South Spring Street
Los. Angeles, California
In re: Martin vs. Laws, et al.; Proposed Settlement.
Dear Mr. Auerbach:
My client, Carolyn Gehrman Martin, has authorized me
to offer as a basis for a compromise and settlement
of the pending litigation in the Orange County Superior
Court, the following:
(1) The opening of an escrow at Title Insurance and
Trust Company's Santa Ana office, into which shall
be deposited the sum of $10,380.00 ($83380.00 for
construction of the pier and $2,000.00 to be
applied by Martin to their legal expenses and
in settlement of their other claims), and a
permit from the City of Newport Beach as and when
-s64ed perm sting the construction of the pier in
:.._: manner roposed in the exhibit attached to
letter,. which discloses a "U" shaped pier
does not encroach over the common Martin -
lot line.
�aaition, Mrs. Martin will deposit a Quitclaim
Dead and Release of her rights and easements in
and to the Quandt lot, the pier and gloats. The
escrow to close when all of these documents and
funds are deposited.
y �� The Martins would be free to obtain a contractor
\ of their choice to construct the pier with the
MAR JOS II unders-anding that the Mittens, or their successors,
JO•H N D. MILLER
_. A4'TORNEY AT LAN! - 7
PHILIP I. AUERBACH, ESQ.
March 14, 1967
Page 2.
would permit the construction•without objection
or interference. A reasonable time, not to
exceed sixty (60) days, would beestablished
for.the closing of the escrow. If the escrow
could not be closed within this time, it should
terminate and all documents and consideration
be returned to the parties without prejudice
to their rights.
(2) As an alternative, under most strict supervision,
and with provision to insure some quality control,
my client would agree to permit Croft & Neville
to build the proposed pier and slip in accordance
with the attached plan, all ordinances and govern-
mental rules, specifications, permits and regula-
tions, and the additional payment of $2,000.00
through escrow as above provided.
The use of the Quitclaim Deeds and release
documents of my client through the escrow would
be conditioned upon approval of the completed
pier by all governmental authorities, the filing
of a Notice of Completion, and a Policy of title
insurance from your Company insuring the Martins
that no mechanics or other liens exist against
the new pier.
My client has suggested that these mechanics, as above
outlined, could be worked out with your Company.
In the event that neither of the above alternativesare
acceptable, this letter shall constitute notice for all
parties who have not yet appeared in response to the
First Amended Complaint to do so on or before March 31,
1967.
The drawing of the proposed pier, attacked, is submitted
by my client. It differs slightly from the plan of
Croft & Neville for the reasons stated in Mrs. Martin's
letter to me of March 9, 1967, a copy of which is also
enclosed.
.41
Very truly.yours,
cc:
Tester Lev
cc:
Mark Soden
JOHN D. MILLER
cc:
Carolyn Martin
cc:
Tully H. Seymour
JDM:pm
cc:.
Al Howard
Encls.
cc:
David K. Robinson
cc:
Joe Clarkson
S OF REALTORS, CALIFORNIA REAL ESTATE ASSOCIATION, NATIONAL ASSOCIATION Of REAL ESTATE BOARDS. SOCIETY OF FEDERAL
FEE APPRAIBERS. AMERICAN RIOHT OF WAY ASSOCIATION, RESIDENTIAL RESEARCH COMMITTEE OF SOUTHERN CALIFORNIA
H�., NARD S. MARTIN & ASSOCIA, dS
REAL ESTATE APPRAISERS AND COUNSELORS
1074 SO. ARROYO PARKWAY. PASADENA. CALIFORNIA
MURRAY 2.1020 SYCAMOF:E 9.7797
March 9, 1967
John D. Miller
Attorney at Law
Ocean Center Building
Long Beach, California 90802
Dear Mr. Miller:
Thank you for your letter and proposed draft letter of March 3rd.
I am enclosing a revised plan of construction for the pier which has several
elements somewhat different than the previous plan presented to you by .
Croft & Neville. Primarily, the pier itself is to parallel the Klitten-Martin
property line and remain four feet from the property line until the platform
is reached at the end of the pier. At that point the platform will be .12 feet
long. We estimate the distance of the pier, as measured along the west line
from the seawall, as 169 feet, and to the end of the platform at the end of
the pier, 18.1 feet. This makes the pier portion go into the bay farther, but
because it starts at a point on the seawall farther out in the bay, the length
of the pier is substantially the same.
The original sketch showing, a 4 foot wide pier is satisfactory, except as
to its location.
Furthermore, we wish the 3 x 20' ramp to drop from the southwesterly cor-
ner of the platform area to the left finger of the float. This is necessary be-
cause the surge action in this bay is more in line with the proposed ramp than
that shown on the other drawing. The three foot and four foot fingers are
satisfactory, presuming that structural integrity can be obtained to allow for
the mooring of a heavy boat in the slip. You will note that the finger of the
slip extends slightly beyond the location on the other drawing and, in fact, the
entire.float is located farther into the bay.
The necessity for this location arises out of the shallow area on the Ingham -Martin
property line, which will make the location as proposed on the drawing you have
given me unsuitable as it would be too shallow for boats and the float would be
out of the water at every low tide.
I believe the enclosed drawing is self-explanatory as to all of these matters
and perhaps the simple system would be to send the drawing back as indicative
of. our reasoning.
I hope this will bring about a suitable end to the entire problem.
Yours very, ruly, ��
CITY OF NLWPORT BEACH - PUBUC WORKS DEPARTMENT " D
HARBOR PERMIT
JUNE 15, 1965
SADE6MRS. CARROLLYLN GFO..RMARTIN
15YPpYAULUUE
PASADMMNj IA
IN COMPLIANCE WITH YOUR APPLICATION OF APRIL 12
19L
AND SUBJECT TO ALL TERNS, CONDITIONS AND RESTRICTIONS WRITTEN BELOW OR PRINTED
AS GENERAL, OR SPECIAL PROVISIONS ON ANY PART OF THIS FORM,
PERMISSION IS HEREBY GRANTED TO CONSTRUCT PIER AND FLOAT SAYWARD of
109 BAYSIDE PLACE, CORONA DEL MAR, AS PER ATTACHED SKETCH DATED JUNE 14, 1965,
AND SUBJECT TO THE CONDITION:
THAT THE PUBLIC WORKS DEPARTMENT BE NOTIFIED AT LEAST 3 DAYS PRIOR TO
COMPLETION OF THE WORK SO THAT FINAL INSPECTION MAY BE MADE. FAILURE
TO SECURE FINAL CLEARANCE SHALL BE GROUNDS FOR REVOCATION OF THE PERMIT.
LOCATION OF WORK:
BAYWARD OF 109 BAYSIDE PLACE
CORONA DEL MAR
PORTION OF BLOCK D
CORONA DEL MAR TRACT
ALL WORK TO BE iN ACCORDANCE WITH THE STANDARD SPECIFICATIONS OF THE
CITY OF NEWPORT BEACH AND DRAWINGS ATTACHED OR REFERENCED THERETO:
THIS PERMIT SHALL BE VOID NLESS THE WORK HEREIN CONTEMPLATED SHALL
HAVE BEEN COMPLETED BEFORE JUNE
APPROVED BY
UITY ENGINEER
AUTHORIZED gI�Y THE CITY COUNCIL. OF THE CITY OF NEWPORT BEACH, AT A
MEETING HELD ON THE NTH DAY OF JUNE , 112--
(.ITY CAE K
No. A-1122-R
JUNE 14, 1965
TO: CITY COUNCIL
FROM: PUBLIC WORKS DIRECTOR
SUBJECT: HARBOR PERMIT NO. A-1122-R
APPLICANT: MRS. CAROLYN G. MARTIN
615 SOUTH PASADENA AVENUE
PASADENA, CALIFORNIA
LOCATION: BAYWARD OF 109 BAYSIDE PLACE, CORONA DEL MAR
APPLICATION TO: CONSTRUCT A PIER AND FLOAT
RECOMMENDATIONS:
I. THAT THE PUBLIC WORKS DEPARTMENT BE AUTHORIZED TO GRANT
SUBJECT HARBOR PERMIT.
2. THAT THE REQUIRED FIVE FOOT SETBACK REQUIREMENT BE
WAIVED.
REMARKS:
1. AT THE APRIL 12, 1965, MEETING OF THE CITY COUNCIL, THE STAFF
WAS DIRECTED TO PREPARE THE APPLICATION FOR MRS. MARTINIS NEW PIER, AND TO WAIVE
THE REQUIRED PERMIT FEE.
2. BECAUSE OF THE CONVERGENCE OF THE PROPERTY LINES IN THIS
AREA, IT IS NECESSARY THAT THE NORMAL SETBACKS BE WAIVED IN ORDER FOR MRS. MARTIN
TO HAVE A FLOAT COMPARABLE IN SIZE TO HER EXISTING FLOAT. THE PROPOSED FLOAT
LOCATION WOULD EXTEND TO THE PROLONGATION OF MRS. MARTINIS SOUTHERLY PROPERTY LINE
AND WOULD EXTEND NORTHERLY OVER THE PROLONGATION OF HER NORTHERLY PROPERTY LINE.
IT IS NOT FEASIBLE TO LOCATE THE FLOAT CLOSER TO THE BULKHEAD BECAUSE OF THE PRE-
SENCE OF ROCKS SHOREWARD OF THE PRESENT FLOATS.
3. PIER PERMIT NO. A-1077 WAS ISSUED IN 1959 AND PERMITTED THE
FLOAT BAYWARD OF 109 BAYSIDE PLACE TO BE ATTACHED TO THE NEIGHBOR'S FLOAT. PIER
PERMIT NO. A-1122 WAS ISSUED IN 1959 FOR A PIER TO BE LOCATED BAYWARD OF 109 BAY -
SIDE PLACE, BUT THIS PERMIT EXPIRED WITHOUT THE PIER BEING BUILT
l . TI
J SEPH DEVLIN ��j� `
P BLIC R S DIRECTOR p
P:BE V
ATTS. `��
MOTE: SEA Le7Tt-e_ FRvr-i MRS. i4,41 -rW'S ATTotZ,uz ; A-TTAc1-tED, 14
SN
�_e1
JUNE 71 1965
MR. JOHN D. MILLER, ATTORNEY
110 WEST OCEAN BOULEVARD
LONG BEACH, CALIFORNIA
SUBJECT: HARBOR PERMIT NO. A-1122-R
DEAR SIR:
IT IS OUR UNDERSTANDING THAT YOU REPRESENT MRS. CAROLYN G. MARTIN
OF 615 SOUTH PASADENA AVENUE, PASADENA, CALIFORNIA.
THE CITY COUNCIL HAS DIRECTED THAT THE STAFF GRANT A HAR3OR PERMIT
TO MRS. NIARTIIV TO CONSTRUCT A PIER AND FLOAT BAYWARD OF HER PRD-
PERTY AT 109 BAYSIDE PLACE. CORONA DEL AAR, CALIFORNIA.
ENCLOSED PLEASE FIND A PRINT OF CITY DRAWING, NO. 1I-5023-5, wHICH
SHOWS THE PROPOSED LOCATION OF TH° PIER ANC FLOAT THAT THE STAFF
INTENDS TO RECOMMEND TO THE CITY COUNCIL AT ITS REGULAR MECTINC}
7130 P.M., JUNE 14, 1965. THE AREA IS CROWBDD, AND IN AN EFFOF!T
TO ALLOW MRS. MARTIN A FLOAT IT IS NECESSARY TO WAIVE THE NORMAL
SETBACK RECVIREMHtITS AND ALLOW THE. FLOAT TO ENCROACH INTO THE
NORMAL SETBACKS.
YOU ARE INVITED TO A'F'FEN-D THE COUNCIL MEETING IF YOU SO DESIRE,
OR YOU MAY CALL ME AT 673-2110, EXTENSION z7, IF Tt1ERE ARE ANY
QUESTIONS.
VERY TRULY YOURS,
KENNETH L. PERRY
ASSISTANT CITY ENGINEER
KLP:BE
ENCL.-
LAW OFFICES
JOHN D. MILLER
OCEAN CENTER BUILDING
LONG BEACH 2, CALIFORNIA
HE.LpCk2'3447
June 10, 1965.
Kenneth L. Perry
Assistant City Engineer
3300 W. Newport Blvd.
Newport Beach, California
RECEIVED
JUN l 1 1965
PUBUC WKKS DEPT.
In re: Martin - Harbor Permit No. A-1122-R
Dear Mr. Perry:
Thank you for your letter of June 7, 1965 in which
you enclosed a print of City Drawing No. H-5023-S
showing the proposed location of the pier and float
to be recommended to the City Council by your staff.
You indicated that this matter would be coming up
at the regular meeting at 7:30 p.m., June 14, 1965.
As you may know, my clients are in Europe attending
the wedding of Mr. Martin's son. They will not be
back in time for the Monday meeting.
The Martins do desire to obtain a permit for the
location of a float since they are being denied
access to the formerly existing float by Messrs.
Quandt and Klitten. We very much appreciate your
assistance and cooperation in attempting to resolve
this problem.
We would hope that any permit that may be issued
would give the permitee adequate time, in view of
their present absence, to construct the pier and
float recommended by your office. If you would prefer
that the matter be continued until the Martins return
in August, this would be agreeable.
JOHN D. MILLED
Kenneth L. Perry
June 10, 1965.
Page 2.
I am not familiar with the legal rights of lot owners
beyond the mean high tide line shown on your drawing.
I do note, however, that the proposed float permit in-
volves an encroachment over the extension of the property
line of Ingham to the west of the Martin property rather
than on the property of Klitten to the east. I assume
that you are satisfied that this would not constitute any
invasion of the rights of Ingham.
As soon as my clients return,
your drawing and we will be in
office. Thank you, again, for
cooperation in this matter.
Very truly yours,
11�40HN D. MILrILER
JDM:pm
cc: Mrs. Carolyn G. Martin
615 South Pasadena Avenue
Pasadena, California
they will be presented with
further touch with your
your consideration and
Mr. Howard S. Martin & Associates
1074 So. Arroyo Parkway
Pasadena, California
P.S. Would you please furnish the members of the City Council
with the enclosed xerox copies of this letter for their
consideration at the forthcoming meeting.
D.M.
LAW OFFICES
JOHN D. MILLER
OCEAN CENTER BUILDING
LONG BEACH 2, CALIFORNIA
HEMLOCK 2.3447
Fi L
JUN 11. 1965
. )T
June 10, 1965.
Kenneth L. Perry
Assistant City Engineer
3300 W. Newport Blvd.
Newport Beach, California
In re: Martin - Harbor Permit No. A-1122-R
Dear Mr. Perry:
Thank you for your letter of June 7, 1965 in which
you enclosed a print of City Drawing No. H-5023-S
showing the proposed location of the pier and float
to be recommended to the City Council by your staff.
You indicated that this matter would be coming up
at the regular meeting at 7:30 p.m., June 14, 1965,
As you may know, my clients are in Europe attending
the wedding of Mr. Martin's son. They will not be
back in time for the Monday meeting.,
The.Martins do desire to obtain a permit for the
location of a float since they are being denied
access to the formerly existing .float by Messrs.
Quandt and Klitten. We very much appreciate your
assistance and cooperation in attempting to resolve
this problem.
We would hope that any permit that may be issued
would give the permitee adequate time, in view of
their present absence, to construct the pier and
float recommended by your office. If you would prefer
that the matter be continued until the Martins return
in August, this would be agreeable.
JOIiN D. MILLER
Kenneth L. Perry
June 10, 1965.
Page 2.
I am not familiar with the legal rights of lot owners
beyond the mean high tide line shown on your drawing.
I do note, however, that the proposed float permit in-
volves an encroachment over the extension of the property
line of Ingham to the west of the Martin property rather
than on the property of Klitten to the east. I assume
that you are satisfied that this would not constitute any
invasion of the rights of Ingham.
As soon as my clients return,
your drawing and we will be in
office. Thank you, again, for
cooperation in this matter.
Very truly yours,
�o
OHN D. MILLER
JDM: pm
cc: Mrs. Carolyn G. Martin
615 South Pasadena Avenue
Pasadena, California
they will be presented with
further touch with your
your consideration and
Mr. Howard S. Martin & Associates
1074 So. Arroyo Parkway
Pasadena, California
P.S. Would you please furnish the members of the City Council
with the enclosed xerox copies of this letter for their
consideration at the forthcoming meeting.
.D.M.
2410 NEWPORT BLVD.
NEWPORT BEACH, CALIF.
92660
TRAUTWEIN BROTHERS
GENERAL ENGINEERING CONTRACTORS
PHONE 673.1960 — Area Code 714
May 5, 1965
C 0 P Y
Mrs. Howard Martin
615 South Pasadena Ave.
Pasadena, California
Dear Mrs. Martin:
FLOATS AND BULKHEADS
PIERS, PILE DRIVING, ETC.
In regards to the proposed installation of a pier
and float bayward from 109 Bayside Place, Corona
del Mar, as you have requested, we do not feel that
the expenditure necessary on this installation would
be justifiable because there is only 20 ft. width
of water between the property lines where the float
would be located.
Your portion of the existing dock, which would be
4 ft. wide would, due to existing city ordinances
of 5 ft. setback from the property lines, leave you
only 6 ft. of water for docking facilities.
We have tried to contact you by telephone but have
been unable to make connections and I am sure you
will realize, from the above stated circumstances,
that this installation would be of no value to you
for the purpose intended.
Yours very truly,
TRAUTWEIN BROTHERS
Paul Shaver. -Partner
PS:ms
CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT
APPL I CAT10N FOR, HARBOR PERMIT
DATE APRIL 12 1 1965
CITY OF NEWPORT BEACH
CALIFORNIA
GENTLEMEN:
APPLICATION IS HEREBY MADE FOR PERMISSION TO
CONSTRUCT PIER AND FLOAT BAYWARD OF 109 BAYSIDE PLACE, CORONA DEL MAR
PPLICANT WILL OESC8I BE .HE RE;FUILLK WHAT; HE WISHE S'ITO'DOCAND;IPURPOSE,%OF ;IMP ROVE MENT
00
ADDRESS OF PROPOSED WORKI BAYWARD OF 109 BAYSIDE PLACE, CORONA DEL MAR
APPLICANT IS OWNER OF LOT PORTION OF BLOCK D TRACT CORONA DEL MAR
THE UNDERSIGNED AGREES TO DO THE WORK IN ACCORDANCE WITH THE RULES, REGULATIONS AND SPECI-
FICATIONS AND SUBJECT TO THE INSPECTION AND APPROVAL OF THE CITY OF NEWPORT BEACH AND
ACKNOWLEDGES THAT THE APPLICATION AND PERMIT ARE SUBJECT TO THE GENERAL PROVISIONS FOR
HARBOR PERMITS ON THE REVERSE SIDE HEREOF AND TO ANY SPECIAL CONDITIONS IMPOSED.
CONTRACTORP
REC'D FEE$ FEE WAIVED BY CITY„COUNCIL 4-12-65
CHECK N0.
DATE
FROM
MRS. CAROLYN G. MARTIN
SIGNATURE OF APPLICANT
(SIGNATURE NOT QBTAINED AS APPLICANT IS
OUT OF COUNTRY) 615 S. PASADENA AVE.
MAILING ADDRESS
PASADENA, CALIF.
PHONE
APPLICATION SHALL BE IN DUPLICATE N0. A-1122-R
CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT
PIER PERMIT TRANSFER FORM DATE July 30..1964
APPLICATION IS HEREBY MADE TO TRANSFER ALL MY RIGHT, TITLE AND INTEREST IN
PERMIT NO.
Fra.4i110rril
LOCATED BAYWARD OF PROPERTY AT
ADDRESS
BEING LOT Por. of , BLOCK D , SECTION , OF TRACT C.D. M.
IT IS AGREED THAT ALL CONDITIONS CONTAINED IN THE ORIGINAL PIER PERMIT AND ANY SPECIAL
PROVISIONS SHOWN HEREON SHALL APPLY, AND THAT THE TRANSFEREE HAS ACQUIRED OR IS IN THE
PROCESS OF ACQUIRING THE ABUTTING UPLAND PROPERTY. IN THE EVENT THAT THE ACQUISITION
DOES NOT BECOME FINAL, THIS TRANSFER IS NULL AND VOID. BEFORE FINAL ISSUANCE OF TRANSFER,
A LETTER FROM SELLER BUYER OR AUTHORIZED AGENT WILL BE REQUIRED STATING THAT TRANSFER OF
TITLE HAS BEEN COMPLETED.
TRANSFEROR
(SELLER) NAME MAILING ADDRESS
TRANSFEREE C
(B ER)jLk AM�E MA) ING AA -RE�SS
SIGNkTURE OF TRANSFEREE SIGNATURE OF TRANSFEROR
SIGNATURE OF TRANSFEREE SIGNATURE OF TRANSFEROR
IF-f'.AC,LLITY IS JOINTLY OWNED, APPROVAL OF JOINT OWNER IS REQUIRED.
TRANSFER p' APPROVED
❑ DENIED BY THE CITY COUNCIL
SPECIAL PROVISION IMPOSED BY CITY COUNCIL:
I
t.cT-c—Q�
FEE
CHECK NO.
DATE //— / -2 --
--k-ow
DATE i _ � , _ ( j
CITY ENGINEER
CITY CLERK
PERMIT ice"
CITY OF NEWPORT.BEACH
CALIFORNIA
P.ERUIT
0. Tie, two
�� Day.�Ssae
Coro= Dal VAro Can't.
No. Am=
. 16 19
In compliance with your written request of Nov* 23 , i9
and.sub;j-eci to all terms, conditions and restrictions written or
printed as general, or special provisions on any part of this form,
PERMISSION IS HEREBY GRANTED TO
00natxvst Pleamuft Pier rd of Portion of maaek ."Dv y
Oo"As DOI No Traoto:
in accordance with the plans shown on the drawing attached hereto, entitled
"Propossd Pleseuro Aar"
SUBJECT TO THE FOLLOWING CONDITIONS
General Provisionsa
1. Acceptance of Provisionsa it is understood and agreed by the
Permittee that the doing of any work under this permit shall constitute an
acceptance of the provisions.
2. Permit from Other Apenciess The party or parties to whom this
permit is issued shall, whenever the same is required by law, secure the
written order or consent to any work hereunder from the War Department of
-1-
the United States or any other public body having jurisdiction, and this
permit shall be suspended,in operation unless. and -until such order or
consent is obtained.
3. Transferring Permit: This permit is not transferable with-
out the written consent of the City Council of the City of Newport Beach.
4. Notice Prior to Starting Works The Permittee shall notify
the City Engineer at least three 3 days in advance of the date work is
to begin and its completion.
5. Inspections The work shall be subject to the supervision
and approval of the City Engineer. On work which requires the presence
of.an employee of the City of Newport Beach as inspector, the salary and
other incidental expense of such inspection during the work shall be paid
by the Permittee upon presentation of a bill therefore.
6. Protection of Traffics Adequate provisions shall be made
for the protection of the travelling public. Barricades shall be placed
on streets, with red lights at night, also flagmen employed, all as may
be required by the particular work in progress.
The Permittee shall not attempt to forbid the full and free
use by the public of all navigable waters at or adjacent to the work or
structure. If the display of lights and signals on any work hereby auth-
orized is not otherwise provided by law, such lights and signals, as may
be prescribed by Bureau of Light Houses, Department of Commerce, shall be
installed and maintained at the expense of the Permittee.
7. Liability for Damagess The Permittee is responsible for all
liability for 'personal injury or property damage which may occur through
work herein permitted, and in the event any claim is made against the City_,
of Newport Beach or any department, officer or employee thereof, through,
by reason of, or in connection with such work, Permittee shall defend,
indemnify and hold them, and each of them, harmless from such claim. This
Permit shall riot be effective for any purpose unless and until the above
named Permittee files with the City of Newport Beach, a surety bond in the
form and amount required by the said City, unless specifically exempted on
the face hereof.
a. Expiration of Permits if the structure or work herein uth-
orized is not completed on or before the 31 der of 0111:r , 19 e$
this permit, if not previously revoked or specific ally extended, shall
cease and be null and void.
-2-
Q_/i"77
PLEASURE PIERS
i. The City of Newport Beach shall never be held liable or
obligated for any injury or damage resulting to either persons or
property through the erection, use or possession of, private piers,
A. The pier shall be so constructed as not to obstruct,
interfere with, or prevent the free use or passage of any sidewalks,
street, alley, public way or navigable channel,
3. The right given for the erection and maintenance of a
pier is permissive only and the Permittee shall, upon revocation
hereof, remove said pier and appurtenances thereto, within thirty (30)
days after date of mailing written notice of the revocation of this
permit, which notice may be mailed to the last known address of the
Permittee.
4.. The City of Newport Beach reserves full right, power
and authority to revoke this permit, and in the event the Permittee
fails to remove said pier within the time: specified, then the City
Engineer shall have the right to immediately remove same at the cost
and expense of the Permittee.
5. Pleasure piers shall be constructed in accordance with
Standard .Plan No. for Pleasure Piers, adopted by the City
Counoil, Painting. of Piers shall be designated by the City Engineer.
b. The Permittee shall keep the pier in good repair at all
times and shall paint the pier when required to do so. Failure to
repair or paint pier, when written notice has been given by the City
Engineer, shall be cause for revocation of the permit and removal of
the pier.
7. The pier to be constructed herein, shall not be sold,
leased, sublet or transferred, without the prior written consent of
the City.
— 3 ..
Approved by
City P;rigineer
authorized by the City Counc.J.]. of the Ci.t,� of Nevport Beach) a't a meeting
h, Id on the { day of boatibor, 19 .
City Clork
Rw,eipt of a copy of the within and foregoing permit is hereby aeknow-
ledped,.and in consideration of the issuance of the same, we hereby
accept all terms, conditions and covenants.
Dated and signed this day of —, 19_
Permit,ta.o
perrLittce
APPLICATION FOR PERMIT
CITY OF NEWPORT BEACH,
CALIFORNIA
Gentlemen
Application is hereby made for ,permission to
(Applicant WE describe here fully w at he wishes to do
Applicant is Owner
No .... /7-'_.-/.'Z--,7
------------------
Applicant will not fill
Date --------- {--"--`-'-v--Z- /----1. 19...'.5-1-
purpose of improvement)
SEC 1
9V The
COUNCIL N
CM 0. NE Wpofa as
Tract. --- ----------- CO =P-?-et-- /--f.:( -/
The undersigned agrees to do the work in accordance with the rules, regulations and specifications and subject to the in
spection and approval of the City of Newport Beach.
Check No....... �.............
jU 00
Rec'd Fee $.......-" --
Date .... //—A?--s.7....................
From --- - -- - -t...../Clf/L
Application shall be in duplicate.
Plans in quadruplicate shall accompany all applications.
Application Filed
Referred
- - ------------------ C �1..----.... 1.4n,W-5 ---------------------
signature of Applicant
2U1�2�Jf!?>1 /Zwl c r-
Permit Issued......
NO•702— I M-5/59