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HomeMy WebLinkAbout105-2727State of California . The Resources Agency Arnold Schwarzenegger, Governor DEPARTMENT OF PARKS AND RECREATI Orange Coast District 3030 Avenida Del Presidente San Clemente CA 92672 (949) 492-0802 June 13, 2005 Chris Miller, Supervisor Harbor Resources Division City of Newport Beach 829 Harbor Island Dr. Newport Beach CA 92660 Dear Mr. Miller: Ruth G. Coleman, Director Corona Del Mar State Beach is owned by the State of California, Department of Parks and Recreation. This State Beach is operated by the City of Newport Beach under an operating agreement. A portion of the' State Beach is submerged and located near "China Cove" which is on the bay near the mouth of the harbor. We have reviewed the proposal presented to the Harbor Resources Division for a new pier and dock at 2727 Shell Street in Corona Del Mar. The attached documents within the file show past discussions regarding previous requests for dock structures at this location and an adjacent property. We understand that a pier was located at this address before purchase by the State, and that it has subsequently been destroyed by wave action. We thank you for your research into the property in question, and fielding the request to build a pier and dock at this location, but State Parks is opposed to the construction of a private pier across its property. If you have any further questions regarding Corona Del Mar State Beach, please give me a call at (949) 492-0802. Sincerely, Page 1 of 1 Ure, Mike From: Ure, Mike Sent: Friday, January 20, 2006 4:28 PM To: Carney, Seanne Subject: Pier Permit Cancellation Seanne, Please cancel the pier permit 105-2723 for 2727 Shell Street, CDM. The pier no longer exists and wont be able to be rebuilt in the area any time soon. Call with any questions, Thanks Mike Ure Harbor Resources 949.718.1844 office 949.355.9061 mobile 01/20/2006 1/5110 Swift Slip �dilc� WORKSHEET FOR BUILDING I FIRE PERMIT APPLICATION CITY OF NEWPORT BEACH BUILDING DEPARTMENT PLEASE PRINT OR TYPE 1. PROJECT ADDRESS (NOT MAILING ADDRESS) � FLOOR SUITE NO. S� 272� S LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT 2. DESCRIPTION OF WORK ::P✓d S A L I q f.Y 38' USE 04Wr 4a4l— _ ' Z i w1 Y-tl Z ^ l Z S �i /r-- f P,I'P # OF STORIES VALUATION $ 6/ NEW ADD ❑ ALTER ❑ DEMO ❑ SQ FT (NEW/ADDED/EXTG) Check Appropriate Box for Applicant 3. OWNER'S NAME 0 L ST FIRST OWNER'S ADDRESS OWNER'S E-MAIL ADDRESS CITY, � r 1 STAT ZIP PH?? NO. 3 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. ❑ 5. ENGINEER'S NAME PST FIRST fl�-r// r0-t- STATE LIC. NO. C ENGINEER'S ADDRESS vN6 �,4/10 0- ENGINEER'S E-MAIL ADDRESS ©o CITY STATE ZIP PHONE NO. ❑ 6. CO TRACTO NNA,M/E r/ ,I BUS NESS LIC. 1�� STATE LIC. d /( //✓ 1 f 1 yJ No. Class CONTRACTOR'S ADDR -2 ���4 CONTRACTOR'S E-MAIL ADDRESS z.o 2 /fie CITE„ STAT ZI PHON O e OFFICE USE ONLY MAR 112005 PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ Zq CITY �FNEWP OCCUPANCY- GROUP ORTBEACH PLAN CHECK ENG. FormMBlda aoo ma ion WORKSHEET,FOR BUILDING I FIRE PERMIT APPLICATION CITY OF NEWPORT BEACH BUILDING DEPARTMENT .PLEASE PRINT OR TYPE. - 1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT 2. DESCRIPTION OF WORK :17N/ 5.16 q ry 3g, USE 04"r boo 7' v) I t-1 r #OF STORIES VALUATION $ , SQ FT �P7fj -r 1-4-1 — I 'c r, ���i�L� i�Y' f NEWT ADD ❑ ALTER ❑ DEMO ❑ . (NEWIADDEDIEXTG) Check Appropriate Box for Applicant ❑ 3. OWNER'S NAME L ST 1yFIRRSST 7-0 ' 44 5.0 �� , i 1 3' OWNER'S ADDRESS OWNER'S E-MAIL ADDRES� r CITY STATE ZIP PHONE NO. ' ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S%E-YA1L ADDRESS CITY STATE ZIP PHONE NO. 5. ENGINEER'S NAME y }AST FIRST STATE LIC. NO. ENGINEER'S ADDRESS �O o ;l� C,Q re,( //6 W,�v iiv✓� FENGINEER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. ❑ 6. CONITRACT91jS NAME % BUS NESS LIC. STATE LIC. 1I No. Class CONTRACTOR'SADDRD'-$ CONTRACTORS E-MAIL ADDRESS / CIT STATE ZI _ PHONE O / OFFICE USE ONLY PERMIT NO. TYPE OF CONSTRUCTION ' 1 �AAS PLAN CHECK NO. o (Ol I- 7_.oq15 PLAN CHECK FEE OCCUPANCY- GROUP q)TYQFNE PLAN CHECK ENG. rormmoiag_appncauon aanua —• •ter r 7 r. .. WORKSHEET FOR BUILDING ! FIRE PERMIT APPLICATION CITY OF NEWPORT BEACH BUILDING DEPARTMENT PLEASE PRINT OR TYPE '{ 1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT 2. DESCRIPTION OF WORK 717-2 % l -/ A / i 4Zxd?a4 r V USE ryl K:,B r 6 4 7' A T4 'f` 44: , Y /� > 1 ? r> g: rI%r, 'I # OF STORIES T ^�— VALUATION $ (Or 4A4 NEW ADD ❑ ALTER ❑ DEMO ❑ SQ FT (NEW/ADDED/EXTG) Check Annronriate Box for Annlicant ❑ 3. OWNER'S NAME LAST FIRST �- Gla� a 1 �l SGti OWNER'S 'DRESS OWNER'S E-MAIL ADDRESS i CITY STATE ZIP PHONE NO. .6�1�3le3 z 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S(E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 5. ENGINEER'S NAME LAST FIRST ST TE LIC. NO. -e-o VK / `7) ENGINEER'S ADDRESS EN 3M ER'S E-MAIL ADDRESS J CITY STATE ZIP PHONE NO. )/0�r�-� } ❑ 6. CONTRACTORaNAME - BUSINESS LAIC,. STATE LIC. v ( / C)� C i/� No. Class CONTRACTOR'S ADDRESS - CO TRACTOR'S E-MAIL ADDRESSlp qq /-j V \"ZIP CITY / STATE PHONE,NO, y OFFICE USE ONLY PERMIT NO. TYPE OF CONSTRUCTION MAR 1 2005 PLAN CHECK NO. PLAN CHECK FEE $ ry r el OCCUPANCY- OCCUPANCY - GROUP CITY OF NEWPORT BEACH PLAN CHECK ENG. rmnis�Dmy_eppnczuon oiumv loo • U. � ' 8z /9t '` ,�/may iy�u Date: Inspection Requested By: Inspector: Pier Address: Pier Transfer INSPECTION FORM Harbor Resources Department 31z11�s Z '7 Z') Shell St. Don Duffy CkQnne) RerO Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon / Backflow Present m 0 nfhpr Cnmmpnfs . Eelgrass Present r� b Pump Out Pier Location Yes No Operationalm Recommended Action . Encroachmenet Address of Complaining Party Boat Description .CF Number Location on Dock Comments / Observations Other Request ol w r.. � rN C V ca `pS O ". r ------------ 4 "STATE OF CALIFORNIA-RESOURCES AGENCY - -EDM overnor DEPAf7MENT OF PARKS AND RECREATION DIVISION OF BEACHES AND PARKS m P. O. BOX 2390 r r SACRAMENTO 95811 s March 23., 1966 - Mr. Tully H. Seymour, City Attorney City.of Newport Beach 3300 W. Newport Boulevard Newport Beach, California j Dear Mr. Seymour: i } Please excuse the delay in answering your letter of February 2, 1966. You indicated that you have denied the request for 3 the construction of a pier adjacent to 2723 Shell Avenue which would have encroached on State-owned property. You have further indicated that the existing pier adjacent to 2727 Shell Avenue was constructed in 1948 under the terms of a permit from the City. At the present we have no objection to your allowing the existing pier to remain, provided if.it is later determined that this pier will interfere with the park use of the land upon which,it encroaches, then you will revoke the permit and require the removal of the pier,. We wish to thank you for your cooperation in resolving this problem. Si re , CHAHLES A. DeTURK . Chief t. 3 1966 l _ s 1` .., _.. February V,eF Mr. Charles A. DeTurk, Chief Department of Parks and Recreation Division of Boecher and Parks Post Office Box 2390 Sacramento, California 95811 Dear Mr. DeTurk� 2, 1966 Reference is ,made to your letter of November. ► 19651, in which you inquired about the statue of a pier located adjacent to 2727 Shell Avenue, and the proposed construc- tion of a pier to be located adjacent to 2723 Shell Avenue in the City of Newport Beach. In your latter you raised a question as to whether the exist- ing pier extends across a portion of the property acquired by the State for an addition to Corona Dee. Mar State Beach Park and also whether the proposed pier would extend across State property. The answers to both of your questions are es. We have determined that the existing pier adjacent to 727 Shalt Avenue encroaches across Lot 100 Bloch D-33, for a distance of approximately forty feet. That pier was con- structed pursuant to Permit No. A-401 which was approved by the City Council on July 12 1948 (cop enclosed). We mote that the State acquired title to Lot I0o Block D-330 by a final order of condemnation entered by the court on April 100 1961, in Superior Court Action No, 93944. Under the terms of the permit the City reserves the right to revoke the permit and to compel removal of the pier. Also enclosed is a copy of Chapter 4 of Article X of the Newport Beach Xmicippal Code wherein it Is provided at section 10403(6) that the City Council may revoke any permit to maintain a pier upon the ground that "the space occupied by such work or structure is over publicly owned land and such space is to be devoted to a public use". it therefore appears that the City Council has the authority to revoke the permit and to carpel removal of the pier. However, In view of the fact that the pier was constructed in apparent rood faith and does not at present interfere with the use of the property by the Mr. Charles A. DeTurk -2- February 2, 1966 public, we would recommend that such action be deferred. At any time that the State determines that the encroachment is incompatible with a public use of the property, its removal could be swiftly accomplished. With respect to the proposed pier adjacent to 2723 Shell Avenue, we have determined that if the pier were built in accordance with the application submitted to the City it: would result in an encroachment across Lot 11, Block D-330 which is owned by the State. Since this application was approved by the City Council upon the condition that the consent of the State be obtained, and since your letter indicates that the State is opposed to the construction of the pier across its property, the applicant will :not be allowed to proceed. In the future you may rest assured that the City will not ap- prove applications for pier permits involving construction on State-owned property. If you should desire additional informa- tion, please let me know. Very truly yours, Tully ti. Seymour TRSamec City Attorney Enes. cc - City Manager Public Mrks Director ✓ December 1; 1963 Mr. Charles A. DeTurk, Chief Department of Parka and Recreation Division of Beaches and Parks Post Office sox 2390 Sacramento, California 95811 Dear Xr. DeTurk: This will acknowledge receipt of your letter dated November 2, 165 concerning the existing pier located adjacent to 2727 Shall Avenue, and the proposed installation of a pier to be located adjacent to 2723 Shell Avenue in the City of New- port Beach. This office is reviewing the information con- tained in your letter. We +will be in touch with you again after are have completed our review of the questions you have raised. very truly yours, Tully H. Seymour City Attorney *a: City Manager Public Works a-� X- i I aeq - v STATE OF CALIFORNIA—RESOURCES AGENCY EDMUND G. BROWN, Governor DEPARTMENT OF PARKS AND RECREATION DIVISION OF BEACHES AND PARKS P. O. BOX 2390 - - .F- SACRAMENTO 95811 _ November 2, 1965 City of Newport Beach 3300 West Newport Boulevard Newport Beach, California Gentlemen: You have, vie understand, approved (conditioned upon our consent) the construction and installation of a pier to extend southwesterly from the -residence located at 2723 Shell Avenue, Newport Beach. We also understand that there is an existing pier extending southwesterly from the residence located at 2727 Shell Avenue, Newport Beach. While we do not have engineering information (a plat of survey or field notes) to support our position, we are informed that the pier, or piers, may extend onto the property acquired by us for an addition to Corona Del Mar State Beach. This State property is described in the instruments by which we acquired title, copies of which are attached. Under the terms of the operating agreement under which you are operating Corona Del Mar State Beach, these lands may be used only for State park purposes. We, therefore, do not believe, by reason of the provisions of Section 5003 of the Pablic,Resources Code, that we have authority to allow either of the owners of the residences to attach to, imbed in, or otherwise affix to this State park property, any structure or facility intended for private use. To the extent that either of the owners have so affixed structures or facilities to this State park property, without prior right to do so, you are asked to take such action as you think appropriate under the terms of our operating agreement to have such structures and facilities removed. Since you have primary operational responsibility, we do not believe State should .bear the expense of any survey, you determine is necessary, to establish the location of the structures or facilities in question.. City of Newport Beach -2- November 2, 1965 Should you have any questions or desire further informa- tion on this situation, please get in touch with Mr. James Whitehead, Division of Beaches and Parks, District 6 Headquarters, 3000 Via de Frente, San Clemente, California.. Sinc ely CHARLES A. DeTURK Chief Attachs. cc: District 6 Troutwein Brothers 2410 Newport Boulevard Newport Beach, California Mr. Gerald H. Jones 609 - 34th Street Sacramento, California Robert C. Lewis, M.D. 2011 Westcliff Drive, Suite 2 Newport Beach, California Mr. Fred Thompson 2727 Shell Avenue Newport Beach, California James Whitehead, 3uperintendent District 6 A-IIM4 Truly 9, 3965 Corona Del Mar Proposed Construction Lewis, Robert a. Attacked is a copy of a letter dated May 14, 1965 with the attachments mentioned tklereino The operating agreement indicates all improvements are to be for the benefit of the public. It is our opinion that this proposed construction is for private use. Please investigate this matter and forward your findings, with your recommendations to this office at your earliest convenience. D, P. BRUN4, supervisor Real Property Management Attach T)p�3:BP`spJa 00. City of Newport Beach Trautw*in Bros. RECEIVED JUL 13-1965 PUBLIC WORKS DEPL ;J-A ,�� / 2410 NEWPORT BLVD. NEWPORT REACH, CALIF. 92660 r- RAUTWEIN U01HERS GENERAL ENGINEERING CONTRACTORS PHONE 673-1960 — Area Code 714 May 14, 1965 State of California Division of Beaches & Parks 1416 Ninth Street Sacramento, Calif, Gentlemen: FLOATS AND BULKHEADS PIERS, PILE DRIVING, ETC. We have processed with the City of Newport Beach an application for permission to install a pier, ramp, float and pilings for Robert C. Lewis, MD, who resides at 2723 Shell Ste, Corona del Mar, Calif.p and have been advised by the City that said app- lication has been approved subject to receipt of a letter from the State of California consenting to the installation. The proposed installation is located bayward from Lot1s No, 11 and 49 Block No. C-330 Resubdivision of Corona del Mar, on submerged land which we understand is under State control. Copies of letter from the City of Newport Beach and drawing enclosed. An early reply to this request will be appreciated. Yours or�r �ui y y , Encl. TRAUT�IN BR b l ,/ Raul Shave , Partner MAY 19, 1965 DR. R03ERT Lewis C/O TRAUTWEIN BROS, MARINE CONTRACTORS P-410 NEWPORT BOULEVARD N CWPORT Sj ACH, CALIFORNIA SUBJECT. HARBOR PERMIT No. A•-1389-R SUBJECT HARBOR PERMIT WAS APPROVED sy Tme CITY COUNCIL MAY 10, 1965,.5U9JZCT TO THE CONDITION THAT THE APPLICANT FILE WITH THE CITY A LETTER FROM THE STATE OF CALIFORNIA CONSRNTING TO THE CONSTFIUCTION OF THE: PIER AND FLOAT. THE P£RPtl1' WILL NOT DE IUZUCD UNTIL UAIP LETTER IS FILED WITH THE. CITY. If THERE ARE ANY FURTHER QUESTIONS,PLEASE CALL, HE AT 679- 2110, EXTENSION 27, VERY TRULY YOURS, Vp Vt KENNETH L. PERRY A551STANT CITY ENGINEetB KLP c az MAY 10, 1965 TO: CITY COUNCIL FROM: PUBLIC WORKS DIRECTOR SUBJECT: HARBOR PERMIT APPLICATION NO. A-1389-R APPLICANT: ROBERT C. LEWIS, M.D. 2723 SHELL STREET CORONA DEL MAR, CALIFORNIA LOCATION OF WORK. BAYWARD OF 2723 SHELL STREET, CORONA DEL MAR APPLICATION TO: REVISE EXISTING PIER PERMIT TO MOVE FLOAT BAYWARD RECOMMENDATION: THAT THE APPLICATION BE APPROVED SUBJECT TO THE APPLICANT FILING WITH THE CITY A LETTER FROM THE STATEOFCALIFORNIA CONSENTING TO THE CONSTRUCTION OF THE PIER AND FLOAT. REMARKS: 1. PRIOR APPROVAL OF THE CITY COUNCIL IS REQUIRED BECAUSE SECTION -23(T) OF THE ADOPTED HARBOR PERMIT POLICIES REQUIRE THAT PIERS BETWEEN U.S. BULKHEAD STATIONS NO.I04 AND N0. 106 ARE SUBJECT TO SPECIAL PERMITS AP- PROVED BY THE CITY COUNCIL. 2. THE PROPOSED CONSTRUCTION IS BEHIND THE U.S. BULKHEAD LINE, BUT OVER A DEDICATED PUBLIC RIGHT OF WAY, ROCK STREET, AND LOT 11, BLOCK D-33, RESUBDIVISION OF CORONA DEL MAR, WHICH IS OWNED BY THE STATE OF CALIFORNIA AND LEASED TO THE CITY OFNEWPORT BEACH. 3. THE PIER PERMIT AUTHORIZED BY THE CITY COUNCIL MAY11, 1964, SHOWED THE END OF THE FLOAT TO BE LOCATED 72 FEET BAYWARD OF THE PRO- PERTY LINE. II. THE PRESENT APPLICATION IS TO EXTEND THE PIER 50 THAT THE END OF THE FLOAT IS 98 FEET BAYWARD OF THE PROPERTY LINE. AN APPLICATION DRAWING SUBMITTED TO THE CITY COUNCIL APRIL 26, 1965, INCORRECTLY SHOWED THE END OF THE FLOAT TO BE LOCATED 85 FEET BAYWARD OF THE PROPERTY LINE. 5. APPLICANT STATES THAT HE WARD BECAUSE A SAND BAR HAS DEVELOPED THAT MAKES FLOAT AS PER THE EXISTING PERMIT. SEP T. DEVLIN BLIC'WlQiRKs DIRECTOR DESIRES TO MOVE HIS FLOAT BAY - IT IMPRACTICAL TO INSTALL HIS BE ATTS. APRIL 26, 1965 TO: CITY COUNCIL FROM: PUBLIC WORKS DIRECTOR �j l SUBJECT. HARBOR PERMIT APPLICATION NO. A-1389-R APPLICANT- ROBERT C. LEWIS, M.D. 2723 SHELL STREET CORONA DEL MAR, CALIFORNIA LOCATION OF WORK: BAYWARD OF 2723 SHELL STREET, CORONA DEL MAR APPLICATION TO. REVISE EXISTING PIER PERMIT TO MOVE FLOAT BAYWARD 13 FEET RECOMMENDATION: THAT THE APPLICATION BE APPROVED SUBJECT TO THE APPLICANT FILING WITH THE CITY A LETTER FROM THE STATE OF CALIFORNIA CONSENTING TO THE CONSTRUCTION OF THE PIER AND FLOAT. REMARKS: 1. PRIOR APPROVAL. OF THE CITY COUNCIL IS REQUIRED BECAUSE SECTION 23(T) OF THE ADOPTED HARBOR PERMIT POLICIES REQUIRE THAT PIERS BETWEEN U.S. BULKHEAD STATIONS No. Io4 AND NO. 106 ARE SUBJECT TO SPECIAL PERMITS APPROVED BY THE CITY COUNCIL. 2. THE EXISTING PIER PERMIT ALLOWED THE END OF THE FLOAT TO BE LOCATED 72 FEET BAYWARD OF THE PROPERTY LINE. 3. THE PRESENT APPLICATION IS TO EXTEND THE PIER 13 FEET SO THE END OF THE FLOAT IS 85 FEET BAYWARD OF THE PROPERTY LINE. 4. APPLICANT STATES THAT HE DESIRES TO MOVE HIS FLOAT BAY - WARD BECAUSE A SAND BAR HAS DEVELOPED THAT MAKES IT IMPRACTICAL'TO IN- STALL HIS FLOAT AS PER THE EXISTING PERMIT. 5. THE PROPOSED CONSTRUCTION IS BEHIND THE U.S. BULKHEAD LINE. �yy1��SEPH eRKs E L1 Nc P1 BLIC` DIRECTOR LP. BE ATTS CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT APP1_ICAT1;ON-...FOR,WAR6OR PERMIT DATE April 5 , 19 65 CITY OF NEWPORT BEACH CALIFORNIA GENTLEMEN: APPLICATION IS HEREBY MADE FOR PERMISSION TO �iO FVIMPROVE MENT APPCANT-WILL DESCA,I.BE'- HERE, FULLY"; WHATIHE WISHES'STO'IDCIIiANDIIP.URP'DBE LI under existing -permit No. A-1382-R �',:1' i", A i n14P0 0 I -;tJ COON " ' � !A "�_ /d ADDRESS OF PROPOSED WORK Z?Z J .t�ra`�' ,-•ym•_.,_ - � '� Shell 4t. Cnrona rlal MAr APPLICANT IS OWNER OF LOT CI. & 11 , BLOCK 0-33 , TRACT. THE UNDERSIGNED AGREES. TO DOTHEWORK 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. APPLICATLON AND PERMIT AVE SUBJECT TO THE GENERAL PROVISIONS FOR - HARBOR PERMITS ONTHEREVERSE SIDE HEREOF AND TO ANY SPECIAL CONDITIONS IMPOSED. beet C. Lewis, M.D. CONTRACTOR, TRAUTI^IEIN BROTHERSy -�y A'��� REC"D FEE$SIGNATURE OF APPLICANT CHECK NO. DATe _� /5 FROM APPLICATION SHALL BE IN DUPL.ICATE, . 2723 Shell St. Corona del Mar MAILING ADDRESS 675-1762 PHONE No.14-�J%-� GENERAL PROVISIONS FOR HARBOR PERMITS 1. 1-iACCEPTANCE OF PROVISIONS: ?T VS UNDERSTOOD AND AGREED BY THE PERMITTEE THAT THE DOING OF ANY WORK UNDER THIS PERMIT SMALL CONSTITUTE AN ACCEPTANCE OF ALL OF THE PROVISIONS. `L. PERMIT FROM OTHER AGENCIES: 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 U.S, CORPS OF ENGINEERS 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. TRAITS F;E P,R Y. N44 Pe RrglT:. IH °-PERM:TI,lS- NO?'"",TRANSfERASL,E-Wt7HOUT THE�VRATTEN CONSENT OF T7 C P'TY ..OUNC IL OF THE CITY OF NEWPORT BEACH. y - - 4. INSPECTION: THE WORK SHALL BE aUBJEL`T- TO, TjHE .-Si51P"ER,,W; S•I,PjN jAyp'.'QPPROQA'.L'I OF THE PUBLIC WORKS DEPARTMENT. THE PERM!TTEE. SHALL NOTIFY THE PUBLIC WORKS D`PAR'.'MENT AT LEAST j DAYS IN ADVANCE OF THE DATE WORK i9 TO BEGIN AND BEFORE ITS COMPLETION. 5. PROTECTION OF TRAFFIC_ ADEQUATE PROVISIONS SHALT_ BE MADE FOR THE PROTECTION OF THE TRAVELING PUBLIC. .BARRICADES SHALL BE PLACED ON STREETS; WITH LIGHTS AT MIGHT, ALSO FLAGMEN EMPLOYED, ALL AS MAY BE,REQUIRED BY THE PARTICULAR WORK IN PROGRESS, THE PERMITTEE SHALL NOT ATTEMPT TO FORBID THE FUL!_ 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 AUTHORIZED IS NOT OTHERWISE PROVIDED BY LAW, SUCH LIGHTS AND SIGNALS, .AS ,MAY BE PRESCRIBED BY BUREAU OF LIGHT HOUSES, DEPARTMENT OF COMMERCE, SHALL BE !NSTAL:,E:D AND MAINTAINED AT THE EXPENCE OF THE PERMIT'TEE, STRUCTURES SHALL BF SG CONSTRUCTED AS NOT TO OBSTRUCT] INTERFERE WITH OR PREVENT THE FREE USE OR PASSAGE OF ANY SIDEWAL!!S. STREET, ALLEY; PUBLIC WAY OR NAVIGABLE CHANNEL. i O. LIABILITY FOR DAMAGES: THE: PE Ri+. I TT'EE IS RESPONSIBLE FOR ALL LI,ABII ITY FOR. PERSONAL INJURY OR FRO: ERTY DA.AAGE WHICH MAY ARISE 0J7 CF blOPK HEREIN PERMiITTEL, OR WHICH MAY ARI„^E OUT CIF THE i!SE CR P!.SESSION OF SAID WCR!{S, AND IN THE. EVENT ANY CLAIM IS MADE AGAINST THE CITY OF NE,4P'OR7, B::ACH OR ANY DITcAR''MEN7. OFFICER, OR EMPLOYEE THEREOF; THROUGH, BY REASON GFr,.. OR IN, CANNc. �n,Y'rWITH YIi C:H `-WORK, PERMITTEE SHALL DEFEND, INDEMNIFY AND HCLl THEM, AND "ACE OF THCM, IARNLESS FROM SUGFi CLAIM. 7. REVOCATION: OF PERMIT- THE >FZIGHTS GIVEN %JN D F.R TH!S PERMIT ARE PE.RIAISSIVE ONLY AND THE CITY OF iNEWPORT BEACH RFSER`e-.S FULL RIGHT, POWER AND AUTHCR!TY TO REVOKE THIS PERMIT AT ANY TIME. IN THE E`JENT, -TH'L PERMITIE:E. FAILS. TO REMOVE SAID WORKS WITHIN THE TIME SPECIFIED, THEN THE CITY ENGINEER SHALL HAVE THE RIGHT TO IMMEDIATELY REMOVE SAME AT THE COST AND EXPENSE OF THE PERMITTE;.. a. '._.REIPAIRS; , -Tic .PERM17TEE SHi ,4'L!_ :KEEP THC STRUCTURES IN GOOD REPAIR AT ALL TIMES. FAILURE TO REPAIR, WHEN NIP. 17TEN' N.OT1 CE HA,;' BEEN G I VEN.TO:'.THIac I.T.YJE'N.dl.NZE_R, SHALL. BE CAUSE FOR THE REVOCATLONOF THE PERMIT. inrj _ MN w:_5. fa� I PEK Cocw r.on. VICINITY SKETCH l L P20F/LE NEWPO92T BAY, CALIF. so Dv: 4.ue 4 Ea..cr• Soundings ode axpde sl ed in feet orld cieno"e below Meon Lower Low W✓ Ar,-% Afoximuin range 1 of f/de,oPPr'o Ximofe/u /O fG ne f y l f I BLIG�C C 83 l LOr ry C1 � 1 }� r w 1 Flf. �'� � t✓i-1"/f �/ � < < �C r'/. C'AG '�=C7,C�N/A GOr 7W4 l 6EM11ETT-.Era aea w. 6 3ua arrwa VO 6FF aa! GFIw May1 Caar.saYrw p �L A /V aPa oo�Lo P/E,e Sca/e in 6�ef �� IYLWPo.CT BAY ,.: NSl'✓PQIYT QL/fN. G�<//n¢NiA . ei>i lii Sy %T/M S K/L!'A>-Q/CK zj Z L AN �i.r3/90.9.4 s A.vaEC E$. i�.oG 0 n t6TE'•TWS INF0ZMATI0N 5c <D OFF AERIAL PsoTOGreT For. LoCATIoN of OteR MJV PLURT, plCtR ANO FLOATI WeZE MEASURED IN PLACE BY WELOCN BORKE40] S 1-1_E L L S T. _.. o - 19b ; ZAVLWAAa 0 Ft«AT tE aoaa GcsAaiw s'iM•.—'ittc A me,p 35- 30 30 30 30 30 Zq.4 Ln SE �' HA., BE' FLOCK G--3-3 GO- N.A. _ pEL.:. M Z-J_. "$R. FCOAT FltST,' _ . 8 7aa k�cta PEtc 14 ra_ d _7_ u.1 5 a a 35.�8 30.67 30. G7 O R �_ 36.0 30. 3o.b7 30.67 LL 3S,7g 15 3o.G7 �' t IS Xx I9' KAMP �1 z d 4- 3 3o.e7 - ST r LLu :1" 42.io 3;7 LL �!D 3s�6 N 3': i (ZAMP 8 7 ¢ 33 COR AIA 3n . 2 40.7 30,E L.. CITY OF NEWPORT BEACW--- DRAWN KLMEZZ DATE µ• �� PUBLIC WORKS DEPARTMENT HARBOR, PF R M. I T No. A -- 401 PUBLIC WORK'S DIREAMR rPIER LOCATION SCALED FROM __ R.E.NO. AERIAL :PNOTOGRA a 4) _ DRAWING 4 , wof PUBLIC WORKS JAN- 51 1966 CITY ATTORNEY PUBLIC WORKS DIRECTOR HARBOR PERMIT 140. A-401 (BAYWARD OF LOT ,3,, BLOCK C-33, CORONA DEL MAR) ON JULY 6, 1948, MR. WILLIAM S. KILPATRICK, 1100 E. 33RD STREET, LDS. ANGELES, CALIFORNIA, MADE APPLICATION TO °CONSTRUCT PIER.° ON JULY 12,.. 1948f THE CITY COUNCIL AUTHORIZED. SUBJECT PERMIT TOO .CONSTRUCT A PLEASURE PIER IN FRONT OF LOT 3, BLOCK,C-33 IN ACCORDANCE WITH THE PLANS SHOWN ON THE DRAWING ATTACHED ENTITLED ~PROPOSED PIER - WM. S.KILPATRICK 7-3-48.° A,COPY OF THE APPLICATION, APPLICATION. DRAWING, AND PERMIT ARE ATTACHED FOR YOUR USE., .NO RECORD CAN BE FOUND IN ANY CITY RECORDS FOR. ANY PERMIT TO REVISE .THE .PIER FROM THAT SHOWN ON THE DRAWIMGDA-reD -I- 3 -q8,, IN DECEMBER, 1965, PERSONMEL OF THIS DEPARTMENT MEASURED THE HARBOR INSTALLATION BAYWARD.OF LOT I, BLOCK C-31s COROMA DEL MAR, AND FOUND THAT IT OID.NOT. CONFORM TO THE .APPROVED PERMIT. A COPY OF A.DRAWING IS ATTACHED SHOWING THE .PIER AND FLOAT AS IT EXISTS NOW. AS'YOU CAN SEE, CONSIDERABLE CONSTRUCTION HAS BEEN DOME WITHOUT PERMIT FROM THE PUBLIC WORKS DEPARTMENT, EXTENDING THE FLOAT SAYWARD APPROXIMATELY 50 FEET INTO LOT 10,..BLOCK D-33, CORONA DEL MAR. THE ORIGINAL PERMIT SHOWED THE FLOAT TO EXTEND APPROXIMATELY 14 FEET INTO SAID LOT 10.. J. T. DEVLIN KLP:VR ATTS. Oi l:1Zfd :; t:! i C3 d3i" A;,.7A-Iit0a7ala i 2 �iALTi��. w1c .RGI71d k'",'LA. . AG istant: Ittoypey' General D.9F Ml ➢k5 pu4:y Attorney Ge3 r LL IL Llbraj^y and Cotii s x:3u:ii�tlr�g g 1 acramento 14 j Tc WhOne ; H10071 r� lA, 15 7ti w . 2240 A't toE'T ay4 for XX TIM Supmuua CC RT OF TIZ lTA W AP' CALIFORNIA An� Az PEOPLE OP' THIS STATE OF CALSx OrQ11A, k� P lxt t sa vs� NO. 9 3 9 4 4 141 JACK Re BI:Avat, P.�OGh E. BaWER h'I.a:.i Aa;T;i, SU71if`aN lt, A.;T11, ' ii7,�I OFi11T"i Ol' CGU,a.i'1' Oz' iiAiAI;RL, cz ,aYll:auZ:i, k carru ;A�ota � aut�cliv:,.sl.oaa of the 3=0 O1' California, cZ`.Y OF i)Z'po,T =' CH.0 a rranlca, I corportatlon, tild 17 MOT WE to DDIP both Inclusive, Ad i 2f It aWcar!)1,; that puraurt to tho interlocutory 22 juel sent in cOrtdervia.t;ian r::aue by the aba Yti.3ticti e;oaz^t In 23 th aiaOve P e atlt I t'ocecdit an 1., the � . or 24 c� a haret0Poxo ente ^ y y �� xlid herein 4�iAA CCt� v 23 thO real - ro erty born � P ,� .tnY tlae f1x11 amount of e:am 7 it tt�xti p an 'ihorOl 26 f1iYIrd0d to WO 000 " +' It ..i/' G4 A. L!"VZ,t, I'iiGOY ZL BEAVERO PI>s'Tk,R 27 Aiii"It, Sli' APd;ii3 R^ t`�'x; COU: d1' OF OrV;G�,, a political subdivision 28 E or the state of call oa'iA,fa and CITY OP ji dWORT MACH, A Mun«C I Ys* corporation, ha,a k,sen duly Paid into court w1thin tho time 3Q provided ay larr a.,,tdrt;rta.l.r�.t1 3a a J C, Id Juct;::Acnt u td tkaa last, "~ and that all, sie;,a Ke.Fla'-(Iod to ;,aid dof endants by said ,ju !.Vnt d s J w5691 ?Am697 baVe beam paid into ®ours and It further appearing that all meta required of the plaintUT sti z d'havo boe4 atly,dow and porformad and said plalnti= is now antitlad to a final order of condamnatiatij 1T IS IifitMY tliITe ZD, Ai VWZD, MW =MD that t2se fee simple title to paid real proporty hereinafter described for the publi0 purpose •drescribed In the owDialat of said plaint= herotofma filed in tied proceedirU, tog*Ui ar with all the rieAt, title, and Intarest of said defend- ' ants ACE A. DEAVER t MUM E. DFAVER, PETr"lt A=$ . SUZAJDM Es Ara H. COUNTY 08 C W]GE, a political subdivision of the State of Callfor, i a, and. CM OF WIMM BZAC11# sus =UU19ax Corporatiom, and each of Utem be, and t o saw In, fully ooml=ied for. the public uw and purpoaa sot forth is said ocr',plsaint, sand the plaintiff, PEOPLE OP THS STATE 02 CALYMMMA is hereby declared to be the owwr of the property bareinufter described.. IT IS FUATM ORDIM—Ma ADJ1IDi MO AND I"'' = that; th* public purpose for which the fee simple title as to said property herainWoro referred to and Y.omina£tar dcacribed is required Is for the aatension, improvament, and davelopmont or the State Park Systems. to The property homirabovo reforrWis stli that certain propery lyinG and heir„ in the County of Or: nj:o, State of California, more particularly described an follosss ,$ to grits Lola $, 2s 3s 80 9 wid: 10 in block B-33 of Coro..s, dal Mh , in the city o: 'import Beacli, county of OararL;os atata of C lirornia, ro per map rcaorded In book 3 pa„cce 42 of Miscellaneous Maps,, in the office or the oounty recorder of maid county. Lotsa 3 and 4 in block ::-33 of Corona del tier, in the city of wort Bch, cmity or Oza.ytSo, otsate of California, area ,peer map roeorded in book 3 page 42 or Mccellaneous reps, in the orrice of the county recorder or said county. XC M any portion thereof lying bolow the line of z hi.CA tido as described in the dooree rondorcd April 3, 1,942, i 1 ir. r..n acLia, e:;: ±t.'.^_ l Ccrtit/ 6f G111 l:ltiff, Va. hurls ;t .I) ,I .f I oaf 1, in and S'oi, uw 1L; o.i G..E, , ;e ., ,.,t ca 3 waa .ecor r ou 1�pr12 Recorda. 4 Ulat dc%fenc:;.uitz 8 a political rij'ct. 1v..L31J- of ihi3 Stclt3 Ole Cwlifo:^�� rlcl til.? � a, ruuLicipcli coiporation, :iavo Orly ::Udh I 8 3:tcrcat in U-u''Jcct pro,Ccrty az =V ariSw by xca=,-a of t'-zca 9 under and pa imz-,t to section 41-):;6 of the fzcsve :-ic and � zation 10 Code and pur ;=,-,t to atla)al.a.tlo:n hcri;tofo, o filed; 11 IT IS x U::Tll a1 G i. ;IM, .^,�. XLG Dw AU Il?CIu::J tt t 12 fde1,oLitc(: in court and )Ur dart to 13 oaid t:1c CozLnty Au(iito ., t:1e County Clorl:, and the 14 County TliOacu_•cv of the Cou:lty of v.w::ti;>, t lu eac:a oC Vial.. pay 15 and Cw^.aZe tO btJ JC r t-1,> „ +- -. I 1�: tt wiCo^1 y O G:'a7�a t;:10 tot al 3Lri of 18 �: ` T.1Li r:'X MINE- iL:rJ.�l.>,�lh�.. �.i' ;1 T7�., r' �,��•I �lGdfor t.. tl tO thQ 17 City of tc: roi T :.u1i L::, :.. Of avt'U4,-; for i iz 07. .ILZDj A: OrU G'aJ, I' 19 county Clot::''Co':it and C_,,:nty 20 Cc:;:nty o2' Cra: ;, tl;: i ca. 11 Oa' t'lo n pay : d c .,a a to be r 1d 21 ,, ♦ y .M to 4. �0,°i t..�.�6.1Cti.1 •....1 nl., ....a Iia iJ:..liia� Ti "• � 11 nfe yrrp}},i.tr 22 old :J"'"r R. liT"z t: .t,• ,✓ 1... � ..,..�;.nd:.•r c1. 1:'Iti, :,a �:�j�o3ived, 23 to: witj.. t"10 dam O 24 $I.� AND 3J/1&31,;`1•i l.I• _,.^t l'..J 9�N.JL. \Y'V '.1 A•. i .� ^ • 1 ^ � k /•`fl/}� LTV VV�11 YWiI c all NMV.i 25 28 TdiLLC.I;; t (p or.• 27 IT IS U" ,:..: C:;`..,;�, k3 7u �, irldJ D..CL i G that 28 ;, e nJ L...1I, hcz•el:l I.:O•iV�:.. lw a. ..�1 i)vCJ:,�1.:•u 1: �A to �•..�. t,:L4'; i� C�r ' 29 t;^?uni of, ,�_ wf apt cn,t:its az' City r'c a a or ri"1t3 30 of t;w,y. 31 }, ,, y, IT IS S J..: .. <li. i..'.:1J, l� G ; l :>:0, A,1D L .h .: N.' LL L`l::t frc:a 18 17 19 20 21 22 23 24 25 ` 26 27 28 29 30 31 c569r��G f9 -1 2z1d attar GPi@ e1ita i'"�.CQT'fa i2. OSC.C, Oa, ^Y t10 e o: �kii ' r aOr ?'�vlaticr.,, Fa3a co'-u-It j t-c" nu for i:k1O CLti'1'C:Tl *S 1 ^tiCtLJ ycar �v f 1959-I960, bet wind tilow a.a hcroby,, cancr,llad as to tlo prop4rty herain acgaImd by U10 plaintiff, People oP t za state of ec"ufomi.a. uO 2 114 QP�-Z5 C=11T this ,day Of KARL LYNN DAVIS ali.CK.vQ Ol 4.tiv3 :r:li);: i'lot THE FOREP'.CiNC INSTRUMENT IS CCRRCCT COP . Gf YHF, UAIWNAJ. ON FILE 1N,irii%,orscr.p^ Gounc)a c�rw a�a ox•o`lrwa c'c=k p(the ftUpalw Court nj the R�VR,a t jotorn(n: In and tM RP .,... 0gPuT4 f RECORDED AT REQUEST OF OF CALtFORNN �� �STATE GhFt C14L. �tGCpRDS OF OPANGE COUNTY, CALIF. 9:01,V! APR 1.1 1961 R1J13Y McFAf�LAND, County Recorder FREE III i (Authorized by Resolution 3710) " ki• 'rs LEASE AGREEMENT (Administration and control of certain State Beach Areas for purposes of State Park System, for 50-year period ending THIS AGREEMENT made in triplicate and entered into this 19th day of August, 19499 by and between the STATE PARK COMMISSION OF THE STATE OF CALIFORNIA, hereinafter called the "Commission", and CITY OF NEWPORT BEACH, a municipal corporation of the sixth class in the County of. Orange, State of California, hereinafter called the "City", T W I T N E S S E T H: WHEPEAS, the State of California has heretofore acquired for park, playground, and recreational purposes certain real properties consist- ing of beach frontage on the Pacific Ocean, in the City of Newport Beach which real properties are hereinafter more particularly identified; and WHEREAS, said properties are under the jurisdiction and control of said State Park Commission; and WHEREAS, the State Park Commission is authorized; pursuant to the provisions of Section 5007 of the Public Resources Code, to 'enter into agreements with cities, counties, and other political subdivisions of the State for the care, maintenance, and control, for the purposes of the State Park System, by either party to such contract, of lands under the jurisdic- tion of the other party to such contract, and to provide for the expenses of such care, maintenance, and control to be paid from the general fund of such city, county, or other political subdivision, or from the funds of the State Park Commission, as the case may be; and WHEREAS, it.is the judgment of the parties hereto that a more advantageous public use, care, maintenance, and control of the said real properties hereinafter identified, for the purposes of the State Park System, will be had and obtained if said real property is maintained and developed for playground, recreational and beach park use, and to that end that the -1 u use, care maintenance and control of said real property, for the purposes of the State Park System, be placed under the jurisdiction of said City of Newport Beach; NOW THEREFORE, in consideration of the mutual covenants herein- after contained, the parties hereto agree as follows: 1. That said City of Newport Beach shall have, for a period of fifty (50) years from August 19, 1949, the care, maintenance and control of the real properties hereinafter identified, for the purposes of the State Park System, and to that end and during said period of years, the said City , is hereby given jurisdiction and control of said properties for th"urposes_ of developing, maantainang, controlling; using;and�eratng the-same�for ---- period I., ty sha11 pay all the costs of developing, maintain ng, con- trolling,. " using and operating said beach properties for said purposes and the State shall not, during said period, be called upon or be liable for the cost of said development, maintenance, control, use or operation. It is understood and agreed that said City shall have the right to renew this lease at the end of said period for an additional like period of time. Notwithstanding anything herein contained to the contrary, this agreement may be terminated and the provisions of this agreement may be altered, changed, or amended, by mutual consent of the parties hereto. 2. entitled to use and_ enjoy the same, .subject, however, in the matter o suc ti use -and enjoyment, to the jurisdiction of said City in conformity with this lease agreement. In this respect said City is hereby authorized to grant such concessions of special benefit to the public using said beach areas to the end that greater use and enjoyment thereof will be derived. Such con- cession agreements shall be submitted to and receive the approval of the State Park Commission prior to the effective date thereof. The rights of the public to the use and enjoyment of said beach areas shall thereupon became subject to such concession agreements or to such rules or regulations as may be promulgated by said City for the use and enjoyment of such areas. Any such rules promulgated by said City shall conform to and be consistent with the rules and regulations promulgated by the said State Park Commission and generally applicable to the State Park System. The properties herein- after identified shall not be used for any other purpose than the purposes herein enumerated. 3. Said City shall maintain and keep in good order and repair any and all buildings or other structures that are now located on said beach premises or that may hereafter be constructed thereon. In connection with such buildings or structures as are now located on said beach premises, it is understood -and agreed that any liability which may arise or be ad- judged, decreed, or declared, shall be assumed by the City if such liability should arise or grow out of the neglect and failure of said City to keep said structures in proper condition and repair. 4. Said City may, subject to the approval of the State Park Commission, grant concessions in or upon said State Park ,areas consistent with the use thereof for park and playground purposes, such concessions to be primarily for the benefit and enjoyment of the public using said beach 2- A /38`( park areas and not for the profit or revenue purposes to said City. If any profit is derived therefrom, such profit or the profits from other charges for special services or accommodations collected by said City of Newport Beach shall be paid into the treasury of the City of Newport Beach for general recreation and park purposes within the City of Newport Beach, in- cluding the cost of policing, maintenance and improvement by said City of any,City park or beach. It is agreed and understood between the parties hereto that any such charges, fees, or collections made by the City for services, benefits, or accommodations to the general public in connection -with the operation, control, care, and management of said State beach areas shall be limited as far as practicable to actual needs for maintenance, - safety, sanitation and bodily comfort, and that commercialization for profit, other than as herein provided, shall not be engaged in by -said City. 5. It is further agreed and understood between the parties here- to that any development, beach erosion, control, or protection work which may be undertaken by the State or the United States of America, along or on said State beach areas, in the manner provided by law or under the rules of the Commission, shall not, in any way, be construed as constituting a termination of this lease agreement or in any way affecting the same. The State Park Commission shall have the right to enter into agreements for such work during the term hereof and to go upon said beach parks or to authorize any person, firm or corporation to go upon the same for the purpose of such construction, beach erosion, protection or control work, or the doing of other public work for the improvement or development of said State beach areas. 6. It is further agreed that any and all development, construc- tion or improvement other than the above mentioned shall be under the supervision, control and subject to the approval of, the State Park Com- mission. 7. (Deleted by mutual agreement on November 15, 1950). 8. It is further agreed by and between the parties hereto that the books, records, and accounts applying to the operation of said beaches kept by the City shall always be open for audit and inspection by the State Park Commission. Upon the termination of this lease agreement all improvements and other installations shall be the property of the State of California, and the City shall not be entitled to any reimbursement for payment for any work, labor, or material placed in or upon properties. 9. It is understood and agreed by and between the parties here- " to that the City of Newport Beach and the State Park Commission intend to acquire additional beach properties within the City of Newport Beach on a matching basis, and any additional properties acquired by the State Park Commission in this or any other manner in the City of Newport Beach may be leased to the City of Newport Beach under this base lease agreement, under the same terms and conditions, when (a) the City Council of the City Of Newport Beach, by resolution, requests that said additional property be made a part of this lease agreement, and (b) the State Park Commission, by order, approves the inclusion of said properties within this lease agreement, 10. The real properties owned by the State of California, the control, jurisdiction, care and maintenance of which are by this lease agreement given over to the Ci.ty,,shall be known as the 'Corona Del Mar 3. !�- �', e/ 6 CITY OF NEWPORT BEACH 7 e THIS AGRXEMEKT, made and entered into this 8th day of 9 February, 19610 by and between the STATIC OF CALIFORNIA, acting 10 through its Department of Natural Resources, hereinafter referred 11 to aa."State" and the CITY OF NEWPORT BRACE, a Municipal Corpora- 12 tion, hereinafter referred to as "City"; 13 14 WITNISSBTH. 16 WiiEIVAS, State and -City entered into an operating agree- 16 ment under .date of August 19, 1949, relating to the developments 17 maintenance and control of certain lands located in the City of 18 Newport Beach for recreational and park purposes; and 19 WE REAS, specific provision is made in said operating 90 agreement of August 19, 1949, for the inclusion of additional 81 properties; and 82 WSERFAS, State has acquired certain additional real 83 property in the City of Newport Beach, hereinafter more parti A4 cularly described; and 36 WHEREAS, it is the intent of the parties hereto .to in- 34 clude the land herein described in the current operating agree- IC7 86 30 al meat referred to above; NOW, THEREFORE, in consideration of the mutual covenants and benefits the parties hereto agree to amend saidoperating agreement of August 190 1949 to include the land 'described as followas A- t3 51 9 10 11 12 13 14 lb 16 17 18 19 20 21 22 23 24 95 26 27 28 29 30 31 DESCRIPTION: (Jack A. Beaver, et al; Parcel) Parcel 1. Lots 1, 2, 3, 8, 9 and 10 in Block D-33' of Corona del Mar, in the city of Newport Beach, county of Orange, state of California, as per map recorded in book 3 page 42 of Miscellaneous Maps, in the office of the county recorder of said county. Parcel 2. Lots 3 and 4 in block E-33 of Corona del Mar, in the city of Newport Beach; county of Orange,'state of California, as per map recorded in book 3 page 42 of Miscellaneous Maps, in the office of the county recorder of said county. EXCEPT any portion thereof lying, below the line of mean high tide as described in the decree rendered April 3, 1942, in an action entitled County of Orange# —i Plaintiff, vs. ShirleyR. 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 was recorded April 3, 1942 in book 1141 page 353 of Official Records. Said property to be included into said operating agreement upon acquisition thereof by State. In all other respects, said operating agreement is to remain intact. IN WITNESS WHEREOF, the parties hereto have caused this amendment to agreement to be executed the day and year first hereinabove written. STATE OF CALIFORNIA, Acting through its Department of Natural Resources DeWitt Nelson, Director By {�/, ��t j v . CMef lsvul' o ve 5erv—' " 'CITY' 0 NEWPORT CH APPROVE A5 TO FORM B DATED: a 1g L > ATTEST: WALTER W CFlARANlZA CJtV ATTORNEY16 . y clerx `�... .. 2 . W5.`C :mec Z/24/61' (12)' 1i RESOLUTION N0. 2; A RESOLUTION OF THE CITY COU11CIL OF THE CITY OF 2EWPORT BEACH AUTHORIZING M- EXECUTION OF 3AMENDME14T AOa 3 TO OPERATING AGREEMENT WITH I RESPECT TO TUE CORONA DEL MAR STATE AND CITY a1 BEACH PARK 6:. WHEREAS, there has been presented to the City Council of 7 the City of Newport Beach a certain agreement dated the pith day of 8! February, 1961, entitled "AMENDMENT NO, 3 TO OPERATING AGREEMENT 9!, between the STATE OF CALIFORNIA, Acting through its Department of i 10' Natural Resources and the CITY OF NEWPORT BEACV. amending the a lli operating agreement dated August 19, 1949, between the State and , 0 12City relating to certain property '�cnova as the Corona del Mar 131 State and City Beach Park to include therein upon its acquisition 14, by State the land described as follows: 151 DESCRIPTION: (Jack A. Beaver, et al. Parcel) i 16, Parcel 1. Lots 1, 20 30 3, 9 and 10 in Block U-33 17i of Corona del Mar, in the city of Newport Beach, county of Orange State of California as nor me recorded in book'3 page 42 of MiscellaneouMaps, 18 I in the office of the county recorder of said county. I9 20' 21 i 22; i 23, 24 Parcel 2. Lots 3 and a in bloc:, E-33 of Loroua del Max, in the city of Newport Beach, comity of Orange, state of California, as per map recorded Li book 3 page 42 of Miscellaneous Maps, in the office of the county recorder of said county. E.YCEPT any portion thereof ly:% below the line of mean high tide as described in the decree rendered April 3, 1442, in an action entitle.. County of Orange Plaintiff, vs. Shirley H. Willits, and others, defeadaats, Case,'o. 40024 in the Superior Court of the State of California in and for the count\ of Oral,.•e a certified copy of which was recorded April S, 1942 in book 1141 page 353 of. Official 26 j Records; 27, and z8j WHERLAS, the City Council has considered the terms and 291 conditions of said agreement and found them to be reasonable and o: 301. equitable and in the interests of the City. 31 NOW8 VEREFORK, BE IT RESOLVED that said agreement be 32approved, and the Mayor and City Cleric are hereby authorized and la. f3&'R 1!' directed to execute the rams on behalf of the City of Newport Beact, 2� ADOPTED this 27th day ua96 3 Z,72 4' Mayor 5 •, A EST: 6 7; 8 9 •. e 11 12 13: 14 16• + 17 lg. • i 19 i 20 21 221 23; 24� 25 26 , riir jj CO) r DEF, RTM r: NT iikHCE j 27 f f1 As. PROVC.0 zs i JUL 6 1962 29 r MALE CHAMPION, Diredoo 30 BY ORIGINAL SIGNED BY I EMIL A REIAP Sen'ur Counsel 31 32- 1 I i 2. STATE OF CALIFORNIA COUNTY OF ORANGE. CITY OF NEWPORT BEACH) I, MARGERY�3CHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No# 5372 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 27th day of February. s 19 61 , by the following vote, to wit: AYES, COUNCILMEN: Kingsley, Atkinson, Cook, Stoddard, Hart, Lorenzo Somers NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Dated this 6_ _ day of March 19 61 1 i My Clerkl and x- c o clerk of cne City Council, City of Newport Beach, State of California. ja I i 3 STATS OF CALIFORNIA, Acting by and through 4 Its Department of Natural Resources b and the 6 C m'Y OF NEWPORT BEACH 7 8 9 10 12 THIS AGREEMENT, made and entered into this 6th day of February, 19610 by and between the STATE OF CALIFORNIA, acting by and through its Department of Natural Resources, hereinafter referred to as.KStateeand the CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as *City*; 13 WITNE331TH: 14 lb 16 17 18 19 20 21 22 23 24 26 26 27 28 29 30 31 WHEREAS, State and City entered into an operating agreement under date of August 19, 1949 as amended by Amendment No, 2 to operating agreement dated August 22, 1960 relating to the development, maintenance and control of certain lands located in - the City of Newport Beach for recreational and park purposes; and WHEREAS, specific provision is made in said operat- ing agreement of August 19, 1949, for the inclusion of additional properties; and WHEREAS, State has acquired, or is in the process of acquiring, for park and recreational purposes certain addi- tional real properties in the City of Newport Beach hereinafter more particularly described; and WHEREAS, it is the intent of the parties hereto to include the land herein described in the current operating agree- ment referred to above; NOW, THEREFORE, inconsideration of the mutual covenants and benefits, the parties hereto agree to amend said operating agreement of August 19, 19490 to include the land 1 described as follows: (Previous owner: Ronald C. Davis, et al) 2 All that certain property situate in the City of Newport Beach, County of Orange, State of 3 California, more particularly described as follows: 4 5 Lots 4 and 11 in Block D-33 of Corona del Mar as shown on the map recorded in Book 3, paagges 41 and 42 of Miscellaneous -Maps, records of 6 Orange -County, California. 7 9 10 11 12 13 14 15 16 17 Said property to be included into said dperating agreement upon acquisition thereof by State. In all other respecta, said operating agreement is to remain intact. IN WITKZSS WHEREOF, the parties hereto have caused this amendment to the agreement to be executed by their duly authorised officers, the dar.sn d year first hereinabove written. STATE OF CALIFORNIA, Acting by and through its Department of Natural P�wurces, Division of Beached Parke r By �//%Z ►r}.YA , . Chief 18 a �rvicsi 19 CITY OF XWORT 20 APPROVED AS TO FORM 21 DATED: Fad > >) c b I By Mayor 22 WALTER W. CHARA QTY ATTORNEY 23 By 24 it er 25 26 27 28 29 30 31 t WWC :mec r i 2/24/61 (12) 1 RESOLtiTION NO. 5373 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMMORIZING Tlik EXECUTION OF 3i AMEMMENT NO, 4 TO OPERATING AGREEMNT WITH RESPECT TO TiM CORONA DEL MAR STATE AND CITY 411 BEACH PAitt i 6. WHEREAS, there has been presented to the City Council of 7l'the City of Newport Beach a certain agreement dated tie 6th day of 8 Febraary, 19610 entitled "AMENDMENT 140, 4'TO OPERATING AGREE11ENP 9' hetween the STATE OF CALIFORNIA, Acting by arid through Its Depart- 10� melt of Natural Resources and the CITY OF NEWPORT BEACH", amending ll! the operatini. agreement dated August 19, 1949, between the State 12! and City relating to certain property -nown as the Corona del Mar 13 State and City Beach Parc to include therein upon its acquisition 14, by State the land described as follows: (Previous owner: Ronald 15i C, Davie, et al) 16All that certsia property situate in the City of Newport Beach, County of Orange, State of 1" California, wre particularly d^aer")ed as tollowa: 18! - Lots 4 and 11 in Block D-33 of roroaa del Mar 19, as shout on the map recorded in Boo: 3, pa;;es i 41 and a2 of Miscellaneous !'laps, reuordi of 20: Orange. County, California; 21' and 22 WHEREAS, the City Council `;aa considered the te-nm and 23 coaditions of said agreement and found theca t, be reasonable and 241 equitable and in t?ie interests of the City; 25. NOW$ TRERErORE, BE IT RESOVIED that said agreement be 26: approved, and the Mayor and City Clero� are hereby a•ithorized and 271 directed to execute the same on behalf of the City of Newport j 281 t�CAC�I. 29i ADOPTED this 27th day of F:.'bruary, -LAY 1. 1 30; 31 yor 'SST 32 �LCleric ty 0 i, ruuwr.ai ounnvuLowL, b1Ly bLBLa oL Lne 6,LLy OL newpolL Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No, 5373 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 27th day of February 19 61 , by the following vote, to wit: AYES, COUNCILMEN: Kingsley, Atkinson, Cook, Stoddard, Hart, Lorenz, Somers NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Dated this 6.._.4th .. .. day of March 19 61 t�"i y Cleitk anq Ex- c o Clark of the City Council, City of Newport Beach, State of California.