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HomeMy WebLinkAboutN2017-0354ya,tc 14, m City of Beach 11111111111111111111111111111111111111111111111111111111 100 Civic Cr Drive, Bach, CA 92660 -` Permit Counter Phone (949)644-3311 Online Inspection Request - www.newportbeachca.gov / Online r; s Services ly a%{1ti"i�. Job Address : 37 BEACON BAY NB Description : EA FOR DECORATIVE FLAGSTONE CARRIAGE WALK Parcel # : 0502-110-3 - Legal Desc : R BK 9 PG 42 PAR 37 Owner: LOWEY ERIC & EVE Phone: 714-420-2020 Address : 37 BEACON BAY NEWPORT BEACH, CA 92660 Applicant: ROSTEN BUILDERS Phone: 949-554-5719 [ Address: 2418 HOLLY LN NEWPORT BEACH CA 92663 Special Cond.: PRE -CONSTRUCTION MEETING REQUIRED Permit No: N2017-0354 - Project No: 0495-2016 CAE'+!! V D Inspection Requests Phone (949)644-3255 Thomas:Guide: 919C1 Contractor: ROSTEN BUILDERS Phone: 949-554-5719 Address: 2418 HOLLY LN NEWPORT BEACH CA 92663 Contractor State Lic: 760719 License Expire : 03 31, 2019 Business License: BT30055282 Business Expire : 06 30, 2018 Workers' Compensation Insurance - - Carrier : EXEMPT Policy No: W. C. Expire: Permit Processing Fee : $0.00 Sewer Connection : $0.00 Total Fee $982.00 Agreement Fee: $817.00 4TT Box Cover: $0.00 Paid: $982.00 Traffic control Plan Check : $0.00 Total Water Meters : $0.00 Balance: $0.00 Inspection Fee : $165.00 Water Meter Connection : $0.00 Receipt No: Refundable Deposit: $0.00 Total Water Meter Box : $0.00 Street Tree Fee : $0.00 Adjustment: $0.00 Processed By : Date: _/_/_ Other Department : Date Utilities Approval : Date: _/ /_ Permit Denied Date Traffic Approval Date / ?/ /� : : _/ Issued Permit : Date : General Services Approval : Date t h COMPLETETHE BELOW INFORMATION r DETAILED DESCRIPTION OF PROPOSED WORK: APPLICANT: C �4 Phone:`71t1 �oJ - Email Address: Mailing Ad¢ryess: Cit /S a/Zip: n tip OWNER: lE ` Phone:/ Email Address: Mailing Ad ss: City St /Zip: n }{ T LAR NFIVIA"Hl;.,a`iil�ll �5xf/1.11iIfPL,(,.x3 r CONTRACTOR: �6in �t 10 0'r5 Office Phone: "'3 ^7 Company (if different): Jobsite Phone: Other Phone: Email Address: f de N'� e�ejw Mailing /Addf@ss: 1 # 1 � Le C/0 telZip: /}d4�"'� State License Number Cla 110 Expires: City Business License Number: ( Expires: (, /d / WORKERS COMPEySATION INSURANCE -Certificate of Insurance (Section 3800 Labor Code) Compan Policy No: Expires: Municipal Oorations: 949.644.3055 Utilities: 949444.3Oil Urban Porest : 949-844-3063 Special Conditions of Per it: IMP., P'V 4'1512 :� ° . x, #� i : MII . , ..� ;�% Utilities: .. Traffic: 0 Fire: Municipal Operations Other: Engineering Technician: Permi ec' list Dat 1 1 Permit No. N2017- N% !./users/pbw/shamd/encroach/masters/epmftheet.xls Public Works Department 949-644-3311 100 Civic Center Drive, Newport Beach, CA 92660 Permit Processing Fee: Public Works Only Other Department Agreement Fee: Preparation of Report/Agreement Document Recordation Fee Monitoring Wells Street/AlleyfWalk Closure: Traffic Control Plan Check 8-1/2" x 11" 24" x 36" Meter Q Inspection Fee: Qt $241.00 Public Works Field Inspection $165.0 $275.00 Utilities Field Inspection $121.00 General Services Inspection Water Quality/Artificial Turf Inspection $165.00 $108.00 $817.00 $192.00 Refundable Deposit: TBD $502.00 Improvements TBD $65.00= Newspaper Rack Inspection $108.00 0 $65.00 Sewer Connection Fee $250.00 $143.00= 4TT Box & Cover $64.00 ,t AIRP11LIVAL 14KL/N1 1 Mt R4VenUe Division D PAYMENT OF FEES Approval: Qty. =' Installation Charge $528.00 15 Water Meter Boxes: 1" Meter; 13.00+ 37.00 $50,00 2: Meter: 27.00 + 61.25 $88.25 For Traffic & Alley Areas (Sox + Cover = Cost) 1" Meter. 13.00 + 38.00 $51 00 2" Meter: 27.00+ 162.00 $189.00 Certificate of Compliance Fee (+100%of hrly over 3 hrs) $288.00 5200-5029 Development Services Fee (Plan check hourly) $155.00 5200-5015 Final Tract Map Checking Fee $2,488.00 5200-5026 Final Parcel Map Checking Fee - Moderate $2,488.00 5200-5027 Lot Line Adjustment Fee $1,079.00 5200-5028 Park Dedication Fee Zone _ TBD 405-470_ Street Easement/VacationFee (+100%ofhrlyover 4hrs) $1,022.00 5200-5031 Street Tree Fee ($700 Planting Fee) ------------------------------------------------------------------ TBDI 030-2284 Engineering Tech: Tot I Amount Due: For Finance use only C/ Permit p cialist Receipt No. f:/users/pbw/shared/encroach/masters/ep front and back masters/ Rev. 1/5/2017 epfeesheetxls-revised 10/21/2016 TERMS AND CONDITIONS OF ENCROACHMENT PERMIT 1. Encroachment Permits may be taken out by the owner of benefited property or a licensed contractor. A licensed contractor must provide a "Letter of Authorization" to allow another party to pull a permit. An approved copy of the permit and construction plan shall be kept at the job site at all times. Work, which has been done prior to issuance of a permit, is subject to rejection/fine. City reserves the right to void permit if work does not commence within 30 days after date of issuance. 2. The Permittee agrees to defend, indemnify and hold the City, its authorized agent, officers, representatives and employees harmless from any responsibility, liability, suit or action of any description arising out of any accident, loss or damage to persons or property occurring as a result of work undertaken under this permit. 3. All work shall be done in accordance with the approved plans, Standard Special Provisions and Standard Drawings of the City of Newport Beach, and in compliance with all applicable State laws and City ordinances. 4. Permittee guarantees all work performed under this permit to be free of hidden and latent defects. Any failures shall be corrected within two weeks after notification to the satisfaction of the Public Works Director. 5. A valid State licensed contractor must perform all construction within the public right-of-way, unless waived by the Public Works Director. A valid State Contractor License Class A can perform any work in the public right-of-way. For construction or connection to water lines a valid State Contractor License Class C-34 is required. For construction or connection to sewer lines a valid State Contractor License Class C-42 is required. 6. All trenching and/or resurfacing shall conform to City Standard 105-L for parkway/roadway and City Standard 140-L, in the alley, where a minimum half -alley width resurfacing shall be provided, unless otherwise directed by the Public Works Dept. Contractors shall obtain permits to perform excavation or trench work from the California Division of Industrial Safety prior to commencing underground construction as required by State law. Walls and faces of all excavations over 5 feet in depth shall be protected by a shoring system, sloping of the ground, or other equivalent means. Trenches less than 5 feet in depth shall be guarded when hazardous ground movement may be expected. 7. The Public Works Department Inspectors must inspect ail work in the Public right-of-way. Forms and subgrade must be inspected and approved before concrete is ordered/poured. Sewer, pipelines, and subgrade construction must be inspected and approved before backflling, or applicant may be required to excavate site. Separate Utilities Department or General Services Department inspections may be required depending on scope of work performed. 8. All trench restoration must be inspected by the Public Works Department. No utility installation(s) shall be allowed over or within 5 feet of any City utilities, unless approved by the Public Works Department. -Locale and pothole existing City -owned utilities (ie: water, sewer, or street lighting conduits) to verify locations. Maintain a one -foot clearance over or under existing City -owned utilities. Sewer cleanouts require VCP or PVC SDR35 be used with a 4TT box over the riser. 9. Properly lighted barricades must be provided and maintained around all trenches, excavations and obstructions. All signs, flags, lights and other warning and safety devices shall conform to the requirements of the current "Manual of Warning Signs, Sights and Other Devices for the Use in Performance of Work Upon Highways", issued by the California Department of Transportation. If needed, barricades can be obtained from the City at a charge of $10.00 per barricade per day, with a minimum charge of $35.00. It is the responsibility of the applicant to place barricades to protect the general public. Access to fire hydrants must be maintained at all times. 10. Work within or near beach sensitive areas will not be allowed during, City holidays, spring break, Memorial Day weekend, summer between June 15 and September 15, and during the holiday season from December 19 to January 1, unless approved by the Public Works Department. 11. Any work that extends into traffic or parking lanes and impedes the normal flow of traffic requires the applicant to acquire a Temporary Street Closure Permit from the Public Works Department. Access for fire, police and emergency vehicles must be maintained at all times. Traffic Control must be per Work Area Traffic Control Handbook (WATCH). No nighttime traffic lane closures, unless prior approval has been granted. Any lariats) closure on a major street will only be allowed between 9:00 a.m. and 3:00 p.m. (Monday thru Friday), unless approved by the Public Works Department. Any work affecting the State Highway's traffic or within the State Highway right-of-way will require a Caltrans Permit. All vehicles shall be lawfully parked. 12. This permit does not authorize the closure of sidewalks, streets, or alleys for construction access, storage of materials, or parking of construction vehicles unless detailed on an attached Temporary Street Closure. 13. Applicant must notify USA at 1-800-227.2600 2 days before starting any underground construction. Applicant must notify all affected residents 24 hours in advance of restricted access and any inconveniences. 14. Refuse or unused materials shall be removed within 24 hours after completion of the work. If not removed, the City may remove and bill the applicant. Coordinate alley closures with City's refuse pick-up days by calling 949-644-3066 for the collection schedule so service is not interrupted. To place a dumpster or materials in the public right-of-way, a Temporary Street Closure Permit must be obtained from the Public Works Department. WORKER'S COMPENSATION INSURANCE (Section 3800 Labor Code) I certify that I have a Certificate of consent to self -insure, Certificate of Worker's Compensation Insurance, or a Certified Copy thereof. Date: Signature: CERTIFICATE OF EXEMPTION (Section 3800 Labor Code) I certify that in the performance of the work under this permit, I shall not employ any person so as to become subject to California Worker's Compensation Laws. If, after signing this certificate I become subject the Worker's Compensation provisions of the State Labor Code, I must com, y w th the pi; visions of Section 3700 this permit shall be deemed revoked. /p���� /� Date• -�_�7 Signature: /) I�/•i, Lf CONTRACTOR LICENSE XEMPTION As the Owner of the benefiting property, I certif I am personally performing all work in the Public Right -of -Way. Date: Signature: HOLD HARMLESS STATEMENT I understand that I am locating minor encroachments within the City Right-of- Way/Easement. As property owner it is my responsibility to maintain the encroachments. 1 will be responsible for replacing the improvements if the City removes them for maintenance of utilities or other public need. I shall indemnify and hold the City harmless for any liability associated with the minor encroachments. Date: Signature: 24-hour notice for Encroachme Permit Inspection is required by calling Public Works at 949-644-3311. 15. Any above ground utility recline will require documented approval from the adjacent affected property owner(s). 16. Homeowner, contractors, and subco acotrs may each be liable for violations of Water Quality Laws. Best Management Practices will be enforced. It is against the law to discharge construction debris into the gutter and storm drain. Felony violations of Water Quality Laws are punishable by fines up to $25,000 and/or up to three years in State prison plus the full cost to clean up an illegal discharge or spill. 17. If a refundable deposit was paid, applicant must submit a Soils Compaction Certificate or Evidence of a Slurried Backfill and request a final inspection from the Public Works Department. Monies may be held for six months after final inspection before a refund will be processed. 18. No trees in the public right-of-way shall be planted, removed, trimmed, or relocated without approval from the General Services Department. 19. All work in the public right-of-way must meet the approval of the Public Works Department or corrections will be required (i.e. removals, exposing connections, etc.). Additional inspection fees may be required. 20. Permit is for standard materials in the public right-of-way only, unless previously approved by Public Works and an Encroachment Agreement has been processed. 21. Permit is valid for "description' of work noted on front only. Additional work performed may require issuance of a separate permit antjlpr additional *pes. DECLARATION OF TRUST This Declaration of Trust is made by ERIC LOWEY and EVELYN C. LOWEY as of May 16, 1996. ARTICLE 1 ESTABLISHMENT OF TRUST 1.1. NAME: This trust shall be known as the LOWEY TRUST dated May 16, 1996. 1.2. SETTLORS: ERIC LOWEY and EVELYN C. LOWEY are the Settlors of this trust. 1.3. TRUSTEES: Settlors appoint the following as Trustee of this trust: First Appointment: ERIC LOWEY and EVELYN C. LOWEY, as Co -Trustees. Second Appointment: ROBIN HENSLEY. Third Appointment: Fourth Appointment: GORDON WALTON. ELIOT LOWEY. ERIC LOWEY and EVELYN C. LOWEY shall serve as the initial Co -Trustee. If either ERIC LOWEY or EVELYN C. LOWEY for any reason ceases to act as Trustee, the remaining Settlor shall act as sole Trustee. When both ERIC LOWEY and EVELYN C. LOWEY cease to act, the successor appointees shall serve in the order appointed. If no successor Trustee is designated to act in the event of the resignation of the Trustee then acting, or no successor Trustee accepts the office, the Trustee then acting may appoint a successor Trustee. If no such appointment is made, the majority of the adult beneficiaries then entitled to current income distribution from this trust may appoint a successor Trustee. 1.4. INTENTIONS: ERIC LOWEY and EVELYN C. LOWEY intend, by this instrument, to create a revocable trust in accordance with the laws of the State of California to hold their community property and their separate property, in accordance with the terms of this trust, for their benefit during their respective lives and to provide for their beneficiaries upon the death of the last survivor of ERIC LOWEY and EVELYN C. LOWEY. 1.5. CHILDREN: Settlors have one child whose name is JARED E. LOWEY. Settlors have no deceased children who died leaving issue now living. 1.6. CREATION OF TRUST AND ASSIGNMENT OF ASSETS: ERIC LOWEY and EVELYN C. LOWEY, Settlors, hereby sell, grant, transfer, assign and deliver to ERIC LOWEY Article 1, Page 1 and EVELYN C. LOWEY, Trustees of the LOWEY TRUST dated May 16, 1996, the following assets: 1.6.1. All jewelry, clothing, household furniture and furnishings, personal automobiles, motor homes, mobile homes, trailers, boats and other tangible articles of a personal nature, together with any insurance on such property, as well as insurance on any other assets owned by the trust; 1.6.2. Promissory notes, bank accounts, credit union accounts, savings and loan accounts, real property, stocks, Including all of Settlors' stock in PINNACLE SURETY SERVICES, INC., and NORTH AMERICAN ASSOCIATION CORPORATION, and CHAMELION: MERCHANDIZING & DESIGN, INC. securities, bonds, stock brokerage accounts, contents of safe deposit boxes, and claims under pending lawsuits; and, 1.6.3. Any other assets held by either Settlor or both Settlors which otherwise would be subject to probate. These assets, plus the proceeds of these assets and undistributed Income, together with any other property which may become subject to this trust, including assets which require formal documents of transfer, shall constitute the trust estate of this trust and shall be held, administered and distributed by the Trustee as provided in this trust. Article 1, Page 2 ARTICLE 2 DISTRIBUTION OF INCOME AND PRINCIPAL 2.1. DURING THE JOINT LIFETIME OF SETTLORS: During the joint lifetime of ERIC LOWEY and EVELYN C. LOWEY, each Settlor shall be entitled to his or her share of the trust estate community property income and principal. Any trust community property income which is not distributed shall be added to the community property trust principal. With regard to the separate property of either ERIC LOWEY or EVELYN C. LOWEY, either Settlor shall be entitled to all income and principal of the separate property he or she contributed to the separate trust estate. Any trust separate property income which is not distributed shall be added to the separate property trust principal of the contributing. Settlor. However, if at any time either Settlor, as determined solely by the Trustee, is mentally incapacitated, the Trustee shall pay to the other Settlor, or shall apply for the benefit of the Settlors, first from the incapacitated Settlor's share of the community estate, and then from the incapacitated Settlor's separate estate, as much of the net income and principal as necessary in the Trustee's discretion, for the proper health, support and maintenance of the incapacitated Settlor in his/her accustomed manner of living, and for the proper health, support and maintenance of the Incapacitated Settlor's dependents in a similar manner as provided by the incapacitated Settlor. The Trustee shall, to the extent it deems advisable, take into consideration all income and assistance available to the Settlor and his/her dependents of which the Trustee has actual knowledge. 2.2. AFTER THE DEATH OF ONE SETTLOR - DIVISION INTO TWO TRUSTS: The first Settlor to die shall be called the "Deceased Settlor" and the remaining Settlor shall be called the "Surviving Settlor." On the death of the Deceased Settlor, the Trustee shall divide the trust estate (including any additions made by the will of the Deceased Settlor or by any life insurance or employee benefit proceeds or otherwise) into two shares, designated the Survivors Trust and the Exemption Trust, each of which shall constitute and be held, administered and distributed by the Trustee as a separate trust. 2.3. CONTENTS OF SURVIVOR'S TRUST: The Survivor's Trust shall consist of the following: 2.3.1. The Surviving Settlor's interest in the community property held in the trust or otherwise received by the Trustee; 2.3.2. The Surviving Settlor's separate and quasi -community property held in the trust or otherwise received by the Trustee; and 2.3.3. Assets in the trust or otherwise payable to the Trustee equal in value to the difference between: (1) The deceased spouse's taxable estate, as finally determined for federal estate tax purposes, allowing for all deductions except Article 2, Page 1 the marital deduction, reduced by the sum of the final federal estate tax values of all other property interests includable in the deceased spouse's gross estate which pass or have passed to the surviving spouse other than by the terms of this section and which qualify for the marital deduction, and all charges to principal which are not allowed as a deduction in determining the deceased spouse's taxable estate, and (2) the maximum amount which will not result in the imposition of a federal estate tax by reason of such spouse's. death, after allowing for the unified credit which has not been claimed for lifetime transfers made by the deceased spouse, as finally determined for federal estate tax purposes. This allocation to the Survivor's Trust shall be satisfied in cash or in kind, or partly in each, only with assets eligible for the marital deduction. Assets allocated in kind shall be valued on the date or dates of distribution to the Survivor's Trust. The Trustee shall not allocate to the Survivor's Trust assets having an aggregate fair market value at the date of allocation that is less than the marital deduction amount as finally determined for federal estate tax purposes. 2A. CONTENTS OF THE EXEMPTION TRUST: The Exemption Trust shall consist of any unmatured life insurance contract on the life of the Surviving Settlor and all other property held or received by the Trustee and not required to be allocated to the Survivor's Trust. 2.5. SIMULTANEOUS DEATH: If the Settlors should die simultaneously or under circumstances as to render it difficult or impossible to determine who predeceased the other, the provisions of this trust shall be carried out as though EVELYN C. LOWEY was the surviving spouse. 2.6. NON PRO RATA ALLOCATIONS: It is expressly contemplated that the interest of each Co-Settlor in the community property of the trust estate is an interest In the property as an entity. Accordingly, in effecting an actual division and distribution to the Survivor's Trust and the Exemption Trust, the Trustee may allocate community property assets on the basis of a non pro rata but equal in value distribution. DISTRIBUTION OF INCOME AND PRINCIPAL OF THE SURVIVOR'S TRUST 2.7. INCOME AND PRINCIPAL OF THE SURVIVOR'S TRUST: With regard to the Survivor's Trust the Surviving Settlor shall be entitled to all income and principal as he or she desires. Any trust Income which is not distributed shall be added to principal. However, if at any time the Surviving Settlor, as determined solely by the Trustee, is mentally incapacitated, the Trustee shall apply for the benefit of the Settlor, as much of the net income and principal from the Survivor's Trust as necessary in the Trustee's Article 2, Page 2 discretion, for the proper health, support and maintenance of the Settlor in his/her accustomed manner of living, and for the proper health, support and maintenance of the Settlor's dependents in a similar manner as provided by the incapacitated Settlor. The Trustee shall, to the extent it deems advisable, take into consideration all income and assistance available to the Settlor and his/her dependents of which the Trustee has actual knowledge. 2.8. BALANCE TO BE DISTRIBUTED: Upon the death of the Surviving Settlor; the remaining assets of the Survivor's Trust shall be distributed to the beneficiaries named in a written general power of appointment signed by the Surviving Settlor and delivered to the Trustee during the Surviving Settlor's lifetime. if the Surviving Settlor has failed to appoint beneficiaries as provided above, the remaining trust assets of the Survivor's Trust shall be distributed as provided in sections 2.13, 2.14, 2.15 & 2.16. DISTRIBUTION OF INCOME AND PRINCIPAL OF THE EXEMPTION TRUST 2.9. PAYMENT OF DEBTS AND COST OF ADMINISTRATION: Any payment of the Deceased Settlor's legal debts, expenses of last illness and funeral, and all administrative costs and Inheritance and estate tax associated with the death of the Deceased Settlor, Including the expense of administering the trust until the division of the trust into separate trusts may be paid from the income and principal of the Exemption Trust. 2.10. DISTRIBUTION OF INCOME AND PRINCIPAL TO SURVIVING SETTLOR: During the lifetime of the Surviving Settlor, the Trustee shall pay to or apply for the benefit of the Surviving Settlor all of the net income of the Exemption Trust in quarter -annual or more frequent installments. If the income is insufficient, the Trustee shall pay to or apply for the benefit of the Surviving Settlor, at quarter -annual or more frequent intervals, as much of the trust principal as the Trustee, in its discretion, determines is reasonably necessary for the Surviving Settlor's health, education, and support in accordance with the Surviving Settlor's accustomed manner of living at the time of the death of the Deceased Settlor. In exercising its discretion, the Trustee may but need not consider other resources of the Surviving Settlor. 2.11. DISTRIBUTION IN THE EVENT OF DISCLAIMERS: If the Surviving Settlor disclaims the Surviving Settlor's right to all net income with respect to all or any portion of the Exemption Trust, or specific assets of the trust, the property subject to the disclaimer shall be administered as a separate trust on the same terms, provided and except that the Trustee shall not distribute income as provided above, but instead the Trustee shall pay to or apply for the benefit of the Surviving Settlor, at quarter -annual or more frequent intervals, as much of the trust income as the Trustee, in its discretion, determines in reasonably necessary for the Surviving Settlor's health, education, and support in accordance with the Surviving's Settlor's accustomed manner of living at the death of the Deceased Settlor. In exercising its discretion, the Trustee may but need not consider other resources of the Surviving Settlor. Undistributed income shall be added to the principal of the Exemption Trust. If the Surviving Settlor disclaims all of the Article 2, Page 3 Surviving Settlor's rights in both income and principal, with respect to all or any portion of the Exemption Trust, or specific assets of the trust, the property subject to such disclaimer shall be distributed to the persons entitled to distribution of the Exemption Trust according to the terms of this instrument, applied as if the Surviving Settlor died on the day before the date of death of the Deceased Settlor. 2.12. DISTRIBUTION UPON DEATH: Upon the death of the Surviving Settlor, the remaining trust assets of the Exemption Trust shall be distributed as provided in Sections 2.13, 2.14, 2.15 & 2.16. UPON THE DEATH OF BOTH SETTLORS 2.13. AFTER THE DEATH OF BOTH ERIC LOWEY AND EVELYN C. LOWEY: Upon the death of the survivor of ERIC LOWEY and EVELYN C. LOWEY, the Trustee shall distribute $10,000 to each then living sibling and then living parent of the Settlors. The Trustee shall divide the remaining trust estate, including any assets subsequently added to the trust estate, into as many equal shares as necessary and shall distribute those shares as follows: 2.13.1. The Trustee shall distribute one share to each child of ERIC LOWEY and EVELYN C. LOWEY who is then living. 2.13.2. The Trustee shall distribute one share, by right of representation, among the then living issue of any child of ERIC LOWEY and EVELYN C. LOWEY who is then deceased. 2.13.3. No distribution shall be made with regard to any child of ERIC LOWEY and EVELYN C. LOWEY who is then deceased leaving no issue then living. 2.14. ISSUE DEFINED: As used in this instrument, the tern "issue" of a person means all of that person's lineal descendants of all generations including descendants bom after the signing of this trust. The tern "issue" includes adopted persons if adopted prior to their eighteenth birthday but does not include a step -child or a step -grandchild unless that person is entitled to inherit as an adopted person. 2.15. HELD IN TRUST FOR BENEFICIARY UNDER THE AGE OF 40: If, at the time set for the distribution of trust principal according to the provisions of this trust, a beneficiary is under the age of 40 years, then the Trustee shall not distribute that beneficiary's share of the trust to him or her, but shall hold that beneficiary's allocated share of the trust as follows: 2.15.1. Until the beneficiary reaches the age of 21 years, the Trustee shall pay to or apply for the benefit of that beneficiary, in monthly or other convenient installments, so much of the net income from his or her share of the trust estate, as the Trustee in the Trustee's discretion, shall deem advisable for the beneficiary's proper health, maintenance, support and education. The Article 2, Page 4 Trustee shall accumulate and add to the principal of the beneficiarys share any undistributed Income. 2.15.2. When the beneficiary reaches the age of 21 years, the Trustee shall pay to or apply for the benefit of the beneficiary the net income from his or her share of the trust estate, quarter -annually or more frequently. 2.15.3. When a beneficiary reaches the age of 25 years, the Trustee shall distribute the one-fourth (1 /4) of the principal of the beneficiary's share to him or her. When a beneficiary reaches the age of 30 years, the Trustee shall distribute the one-third (1/3) of the principal of the beneficiary's share to him or her. When a beneficiary reaches the age of 35 years, the Trustee shall distribute one-half (1/2) of the remaining principal of that beneficiary's share to him or her. When a beneficiary reaches the age of 40 years, the Trustee shall distribute the balance of the beneficiary's share to him or her. 2.15.4. If at any time in the discretion of the Trustee a beneficiary should be in need of funds for his or her proper health, maintenance, support and education, the Trustee shall in its discretion, in addition to the distributions mentioned above, pay to or apply for the benefit of the beneficiary such amounts from the principal of his or her share of the trust estate, as the Trustee may from time to time deem advisable. 2.15.5. If a beneficiary for whom assets are being held according to this section dies before reaching the age of 40, the undistributed balance of that beneficiary's share of the trust estate shall be distributed to the persons or entities appointed by the beneficiary. The beneficiary shall exercise this power of appointment by delivery to the Trustee of a notarized writing specifically referring to this power of appointment. In the absence of the exercise of this power of appointment, the undistributed balance of that beneficiary's share of the trust estate shall be distributed to those persons then living who would have been entitled to the distribution had the surviving Settlor died immediately after the death of the beneficiary. 2.16. DEATH OF BENEFICIARIES: If at the death of the Surviving Settlor, or at any latter time before complete distribution of the trust estate, no beneficiary entitled to distribution under the other terms of this trust is then living and no other disposition of the share of the remaining trust property is directed by this trust, the share shall be distributed one- half to those persons who would then be the heirs of ERIC LOWEY and one-half to those persons who would then be the heirs of EVELYN C. LOWEY, their respective identities and shares to be determined as if ERIC LOWEY and EVELYN C. LOWEY had died intestate, applying California law then in effect relating to the succession of separate property not acquired from a predeceased spouse. 2.17. PERPETUITIES SAVINGS CLAUSE: Any trust created by this declaration or by the exercise of any power of appointment under this trust shall, unless terminated earlier, Article 2, Page 5 terminate 21 years after the death of the last survivor of the Settlors and all the descendants of either Settlor who are living at the death of the first Settlor to die. The principal and undistributed income of a trust so terminated shall then be distributed Article 2, Page 6 I C EXECUTION OF TRUST INSTRUMENT Settlors and Trustees execute this Declaration of Trust effective as of May 16, 1998. ERIC LOWEY and EVELYN C, LOWEY have read the foregoing Declaration of Trust. It correctly states the terms and conditions under which the trust estate is to be held, managed, and distributed by Trustees. Settlors approve the declaration of trust in all particulars and request Trustees to execute it. Trustees declare that all property which shall become subject to this trust shall be held, managed and distributed by Trustee as provided, in this trust. Trustees agree to be bound by the terms of this trust. SETTLORS: ERIC LOWEY l� i EVELYN C. LOWEY I-- State of California ) ) ss. TRUSTEES: 02 ERIC LOWEY C EVELYN C. LOWEY ACKNOWLEDGEMENT County of Orange ) On before me, the undersigned, a Notary Public in and for the State of California, personally appeared ERIC LOWEY and EVELYN C. LOWEY, proved to me, on the basis of satisfactory evidence, to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. Witn my hand and official seal. Notary Public 93149 Q SCORA 80UIinaAlSNorary?ubbc—Cdlfomip „ ORANGE COUNTY My Comm. EvkMAUG 10. W% Recorded in Official Records, Orange County RECORDING REQUESTED BY When Recorded Mail Document and Tax Statement To: ERIC LOWEY 37 BEACON BAY NEWPORT BEACH, CA 92660 Hugh Nguyen, Clerk -Recorder 1111111 111j 11111111 lljIl 111111111111111 f1l 1111111111IIIIIIIIII II 12,w *$ R 0 0 0 6 9 8 7 1 9 5$ 201400038752812:37 pm 09/24/14 275 405 G02 F13 2 0.00 0.00 0.00 0.00 3.00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE IMEN 1 wo THE UNDERSIGNED GRANTOR(s) DECLARE(s) Documentary transfer tax is $00,00 City Tax $ 0,00 computed on full value of property conveyed, or computed on full value less value of liens or encumbrances remaining at time of sale, Unincorporated Area City of Newport Beach "This conveyance transfers the grantor's interest into or out of his or her revocable living trust, R & T 11930." FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Eric Lowey and Evelyn Lowey, Trustees of the Lowey Trust dated May 16, 1996 hereby GRANT(s) to Eric Lowey and Evelyn C. Lowey, Husband and Wife as Joint Tenants the following real property in the County of Orange, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Dated: ,September 19, 2014 Eric Lowey, Trustee STATE OF CALIFORNIA„�� COUNTY OF —lam SS: On , I�&V a Notary Public, personally appeared rIC. L.m; Evelyn Lowey, Trustee /r before me, 0 who proved to me on the basis of satisfactoV evidence to be the person(s)whose name(s) isb-tbscribed to the within instrumen and acknowledged to me that he/she/xecuted the same in his/her/ authorized capacity(ies) and that by his/her/t ey signature(s)on the instrument the person, 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, `i/ .� Commission # 2010827 Signature n—� z f°i� Notary Public - California Orange County MAIL TAX STATEMENTS AS DIRECTED ABOVE � My Comm. Expires May S. 2( RTGRANTDEE3 32) FDL'a&-L,� TN Nj N 0 SIG & 89.58 IN' WATER MAID. ' SEWER MAIN T,SS, /ojoo) 27 ....... . . ...... . G $co 20 L6 L Li (9 jgq �FR SERV__ A R�__\ 0 a 10 ca >i Ld 01"o Lu K 0 1 t90 10 PA > ...... ......... 2F3 7 T300 50 typ 5N, ...... T uj PA 11 L9O TW of 06 in 3- PVC SDR ui z 0 DRAIN RIPE✓ TYP Z w GRASS C-2/3 Tw 2"/PRESSUkt DISCHARGE INTO 3 RFOR TED Pll� CNG A S A AND ZANNEL z ZI 9.80 15.90 8.681 TF wl 9.87 13 IFS Lm El 0 L=4 513' L:�; Z, v I - 1-� 5 aj I No 9 .0 20.00 3 _L& 2_0 INV . .. . . . ....... & 9-,7'D A IN" j . ....... 15..60 -4 TW 9.70 RIM r,- -cq to FS� F 10.0, (MO) ABBREVIATIONS LEGEND AB ACCESSIBLE LWN LAWN F77 EX HOUSE AC ASPHALTIC CONCRETE LT LIGHT NIC NOT IN CONTRACT ACC AGGREGATE BASE PA PLANTER FLOW LINE BW BACK OF WALK PS PULL BOX STREET CENTERUNE(9_) BLD BOLLARD pp POWER POLE PROPERTY LINE( IE) BLDG BUILDING SGN SIGN AND POST ROLLED CURB AND GUTTER CB CATCH BASIN SS SANITARY SEWER NEW DEEPENED FOOTING Co CLEANOUT SO STORM DRAIN NEW STEM WALL CONC CONCRETE Tc TOP OF CURB WATER VALVE DS DOWN SPOUT TF TOP OF FENCE • POWER POLE DWY DRIVEWAY TG TOP OF GRATE STREET SIGN OF DEEPENED FOOTING TW TOP OF WALL EX EXISTING DOOR FENCE WIF WROUGHT IRON FENCE FDC FIRE DEPARTMENT CONNECTION WM WATER METER V CLEANOUT I.., WAIrD VAI VF7 n PULLBOX ml WE H=4" 9,6 0 uil h r (( L s ann£ IN�Pr150; Daily�InspectionR,usttRe{�oF r , ;, * 1 S y Y .� y- t y1 t �yt �`"ti R i-u"h`�a ��- +'xs'i,-' S ✓ r r. 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