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Home My WebLink AboutM2013-0019F Comm'I F-. Residential Worksheet for Building Combo Permit Application e° City of Newport Beach - Building Divisi NOTE: PLAN CHECK FEE DUE AT TIME OF S $iAtEi }yfftll�fC( fel r -Building [- Grading F-Dralnage .F-Elec j-' Meth F Plum CuYdc tuvdFll a :EACH Project Address (Not mailing address) or Suit No Description Woorrk/ Use �Iof �`�'- # Stories[ # Units (if Res)I Valuation $ ® r Material/Labor New/AddSFRem pdel SF^Garage/New/Add OWNER'S NAME. Last �f;i&�(�cc�� First^� Owner's Address Owner's E-mail Address Jacquelyn.chung@sbcglobal.net ~ City rNewport Beach State California Zip F— Telephone 949.631.3121 APPLICANTS NAME Last swift First Pete Applicant's Address 2027 Placentia Avenue Applicant's E-mail Address Jacquelyn.chung@sbcglobal.net City Costa Mesa State California Zip 192627 Telephone[949.631.3121 ARCHITECT/DESIGNER'S NAME Last First Architect/Designer's Address ArchitecUDesigner's E-mail Address _ City I s State F^ Zip Telephone[' ENGINEER'S NAME Last Bazley^ First ITim Llc. No]50019 Engineer's Address Engineer's E-mail Address 2500 Via Cabrillo Marina Unit 200: Jacquelyn.chung@sbcglobal.net� City San Pedro T State. [California Zip 90731 Telephone 949.631 .3121 CONTRACTOR'S NAME/COMPANY. Swift Slip Dock and Pier Builders Lic. No. 797052 ClasslA Contractor's Address Contractor's E-mail Address 2027 Placentia Avenue _mm [Jacquelyn.chund@sbcglobal.net _ City rCosta Mesa T State California Zip (92627 Telephone 949.631.3121 ENERGY P/C FEE $ FIRE. P/C FEE $ PERMIT NO, GRADING P/C FEE $ . PLANNING P/C FEE $ PLAN CHECK N0. ( ok) "a,01 ELEC/PLUM/MECH P/C FEE $ PLAN CHECK FEE $ DEVELOPMENT# TOTAL FEES PAID $ C M OF NEWPORT BEACH CITY OF NEWPORT BEACH MY PACIFIC OCEAN VICINITY MRP NNW an, OLUM i W HUT TErn EAST JETTY SOUNDINGS RRE EXPRESSED IN FEET AND DENOTE ELEVRTIONS HRSED ON MERN LOWER LOW WATER. NELLAC;r aA Y Scop Re deck FopI'1i, 6 dock — ao 7p' . nor �P, fP Nom. P/61Eaouve c+- a I vsyjr y� !1— Q61kne4. /41S ! /`11S'• � /HOS � /vol RPPLICRNT'S NAME UA 5160 C OIp ny IJOBADDRESS IADP M rg jM Pf , DRTE 5 - q • Z0 j 2 ]o \mak m ° 0 0 ` ■ 2 = ( '�/ �o �kk�k \0~M\ $mv�i E 0 z .... .:. . .. . ..v— > q Q \ \o» -_LU 4) okk\e \ < x\o I�0Lu/wk / \0q C\ L$U)wz< � � ui L) .0 �c /x R § Q u k 2B 0« gam% 02 77\2i 0 7< *�t �) ~ � 0 00 U0 \co L LU z 2 Miller, Chris From: Lmalouf@aol.com Sent: Monday, March 15, 2010 12:56 PM To: john.selleck@sbcglobal.net; Miller, Chris; Walters, Lisa Cc: Lcyachts@aol.com; douganddonna@cox.net; coddingtondaniel@yahoo.com Subject: 1401-1421 BAYSIDE SLIP MODIFICATIONS Attachments: BOAT DOCKS MOD 4 ONLY 1401 BAYSIDE DRIVE.ppt John and Pete - Swift Docks Chris and Lisa - City of NPB After speaking with Chris, it is apparent that the only real choice for modification of these 4 docks is Modification #4, reducing the 4 docks to 3 docks. But, this would take these docks from 55 X 20 to 85 X 22, and allow the Duffys and toys to be within the Project Envelope on the outside with easy egress, rather than at the bulkhead. To meet code, the following would have to apply: 1. The Head Walkup against the Bulkhead would have to be 8 feet deep. 2. The inside of the slips could be no longer than 84 feet. 3. The Dock Fingers would have to be 6 feet wide 4. The outside areas for the toys would then be 9 feet 6 inches and would support Duffys, Wave Runners, etc. None of these changes would change the outside envelope of the currently approved Project. This would give each of the three homeowners the opportunity to have a 85 ft boat with only 1 ft to 2 ft outside of the dock. Most of those boats would fit in a 22 foot wide slip without any issues. Please review and price based on this Modification Only. Attached, please find the revised drawing. Thanks, Lew I W m d x0 O O + w Q 00d m O C Q x0 c4 0 CL 0 E m 0 N U o O 4' p M 2 0 (D z_J W m x + w T t CL O m N C cCD N G Qo O E 0 Y o N Q. 0 (D z_J O _ N Q y ` O O c)w 0�3U0 w(D p d C O m W �LL dWVF_V =Q x z Q to L•�-y O y a -01 N W m x + T CL O m N C cCD N G Qo O E 0 Y o N U o 0 (D z_J rn O O N a Q W 11 m T i O OOF- d z_J O O N O LU WLu LU z c)w 0�3U0 w(D p WZZQ of- �LL dWVF_V =Q x �o Q to L•�-y O y X -01 N Q-�O w O> U N m T i 7 d 0 O O N c rnQ� mm 0�3U0 N p N =Q x �o Q to L•�-y d O Y N Q-�O O> N m 0 a W O 0 0 U o o a) z a m 3 a y N Lr) W O Y Z_ U ~ O N X LU CITT OF NEWPORT SERM PAC j� j� OCEAN VICINITY MHP war mr, CLVUM r 1 n • II o.a j IT, S ,!D URIR\ �1 I air 14 i �sr PFDF i LE 1' = 40' 1Eny SMMINGS FRE DSMM INFET M M40TE ELEYRTIONS 3EM ON PffN LOWM LOW HRTER. i i�zs iyls- • /vo � � IvDr I PLAN VIEW 1' = 40' )B RMUS I LY01 SAYSI DE 09,. N�u3PcRT. 6f? Y ib vr�a 4-cti opl,1 `l N `CF. N. i � _ •• v1 i 4 � - yl%e Yh�` I N/.6L I S'/.f i 641khco • - — i i�zs iyls- • /vo � � IvDr I PLAN VIEW 1' = 40' )B RMUS I LY01 SAYSI DE 09,. CIN OF NFWPORT BEACH HARBOR PERMIT inc u��PERWOf AKC aiY cou. _. .. .. RIGIiT6•GNEN UNDER T1i18 AND TATS PERMR MAY !® tRIWAL IN ACCDRDANDE V= CI HAR@ R COORDINATOR; PERMIT NO DATE a �� y '%i5 . Z - 5O 41iT�1/�2O��J ice' . D4/� � /7acfle-hw December 11, 1996 TO: Tony Mellum City of Newport Beach RE: 1401 Bayside Drive Docks Attached Sketch The plan to revise the docks is acceptable to us with the following stipulations: 1. The overall side of the total floating docks shall not be increased, 2. Both sides of the docks where marked (No Side Ties) shall be restricted by the City permit conditions to have no boats allowed- no cleats will be allowed on the sides and signs will be posted and maintained that say "No Docking". 3. The dock areas on the back of the docks and the headwalk shall not have any boats that protrude beyond the 45 feet. (S ttached sketch.) c AHW CORINTHIAN YACHT CLUB MY414E COMPANY d.b.a. CALIFORNIA RECREATION MEMORANDUM Newport Beach Fire and Marine Department Date: December 19, 1996 To: Russ Cheek From: Wes Armand Subject: 1401 Bayside, Russ Fluter Attached is the letter send out following the dock inspection done as part of the transfer of the pier permit. I have to check, but he may be rezoned and not commercial at this point. However, as we have discussed, any new residential piers or revisions of existing residential piers that service five or more vessels fall under Section 6 of the Uniform Fire Code and as such we can require fire -protection equipment in accordance with that section. When Fluter decides to go forward with the dock revisions, we can require he meets code. Please let me know if I can be of further assistance in regards to this matter. August 22, 2011 Heritage Escrow Fax# 949.651.8037 CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 4 Re: Pier Permit 102-1401 1401 Bayside Dr. Escrow #301-78985-PLB Dear Heritage Escrow, The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by the buyer and seller the pier will be transferred. Thanks for your help and if you require further assistance in this matter please call 949.644.3044. Sincerely, visa Ala wif Lisa Walters Harbor Resources Division �F, w P()A HARBOR PERMIT F TRANSFER APPLICATION 829 Harbor Island Drive �11 rrciuNx, Newport Beach, CA 92660 949-644-3044 2zo Fe, **Date of Applicaton: g(glzo, I Permit Number: Jt�-j4o I **Property Address: 14-o l 5th -Dr � eornACL ( VVA0,1 , CA lZry%.0 **Buyer's Names: 4,-, m I4,,;jo5i'a_n Billing Address: Telephone No.: Buyer's Signatures: **Seller's Names: C s C_ R6.., �L1 VJv-S ,Ivt(4v�_ Mtkilka,I Seller's Signatures: Joint Owner Signature: **Escrow Company: ! ev_ -6. , _5_756__r0Lj Phone# q47-�Sl-go�o-Cu«�� **Address 3zoo t I Caw,1'VV1h le�� S-,4 (os,l we �h 9Z(poZ **Escrow Number: **Fax #: cj'y-l.(, Closing Date (Estimate): 1 — * *STARRED ITEMS -MUST BE -COMPLETE TOB_E_GIN_T_H_E_PRO_C_E_S_S_. Inspection Date: 8 22.1 I1 Reinspection Date: Fee Paid: Check No: a,,4k,0 Application Complete: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 1/7 of the Newport Beach Municipal Code. Harbor Resources Department Date: Inspection Requested By: Inspector: Pier Address: Pier Transfer GFI Present Anti -Siphon ( Backflow Present Other Comments Eelgrass Date Time ❑ Puma Out Pier Location Y0 Need None Eelgrass Within 15' of Project Reinspection YesNeed L � Eelgrass Within 15' - 30' of Project No Eelgrass in Project Area Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments ( Observations Other Request CITT OF d NEAPORT BERCR LPPF1t A ^ . 0.0 aims PRCjrjC AE9T Oa',�_T � � cif 1 II '7 I RN PIER ►ter VICINITY_ :PROFILE 1' = 40' M3FW Mf. acvOM IEii1 SO MING FFE D,PfM IN FEET FAQ MMTE ELEVRTIONS BRSEII CN MEAN LONER LOW M:ffM. ►Vdie'• ftvcc CX/S'I"r s does NEuVCP,7 6/;} Y f -n ono--{ r.KC4.w L ass w LMn I I e - I _....... —.. e � ' L .b ,f N vs ,y z - -- - - v 61 L I/Yo 7 19401l Likhead i I PLAN VISY 1' = 40' ;T S WE(} t(5-1 E �'OLdAJV JOB MMBS /`7'0/ 8AYS)DIF DR. QNTES/a 9.s CITY OF NRVOFrr BEACH HARBOR PERMIT me ANY IS NI AND 1N A ." DATE '.:aERMiT N0 —IA75 71 zT 71 L' -zi 1;'7/12 .?7�v December 11, 1996 TO: Tony Mellum City of Newport Beach RE: 1401 Bayside Drive Docks Attached Sketch The plan to revise the docks is acceptable to us with the following stipulations: 1. The overall side of the total floating docks shall not be increased, 2. Both sides of the docks where marked (No Side Ties) shall be restricted by the City permit conditions to have no boats allowed: no cleats will be allowed on the sides and signs will be posted and maintained that say "No Docking". 3. The dock areas on the back of the docks and the hcadwalk shall not have any boats that protrude beyond the 45 feet. (Se ttached sketch.) iAHIA COR.IN I AN YACIEI'1" CI,5 d.b.a. CALIFORNIA RECREATION MEMORANDUM Newport Beach Fire and Marine Department Date: December 19, 1996 To: Russ Cheek From: Wes Armand Subject: 1401 Bayside, Russ Fluter Attached is the letter send out following the dock inspection done as part of the transfer of the pier permit. I have to check, but he may be rezoned and not commercial at this point. However, as we have discussed, any new residential piers or revisions of existing residential piers that service five or more vessels fall under Section 6 of the Uniform Fire Code and as such we can require fire -protection equipment in accordance with that section. When Fluter decides to go forward with the dock revisions, we can require he meets code. Please let me know if I can be of further assistance in regards to this matter. HILLSIDE BALBOA, LLC 1111 Bayside Drive, Suite 111 Corona Del Mar, CA 92625 (949) 219-2000 telephone (949) 219-9908 facsimile September 14, 2005 City of Newport Beach Harbor Division 829 Harbor Island Drive Newport Beach, CA 92660 Attention: Lome Arcese, Harbor Resources Division Reference: Pier Permit #102-1041 1401 Bayside Dr Escrow # 041882 -JT To Whom It May Concern: Enclosed please find all the necessary signatures and paperwork for the pier located at 1401 Bayside Drive, Newport Beach. I have also enclosed your letter of February 24, 2005 regarding this application. Please let me know if you have any questions or need additional information. Sincerely, HILLSIDE BALBOA, LLC By Lawrence Kates 00ij.4/2005 10:14 FAX 15625922961 MR, BRUCE FABRIZIO Z001 HARBOR PERMIT TRAM SPE'R APPUCATION 8:;9 Harbor Island Dr. Newport Beach, cis 92660 949=644-3034/F2ua 949-7230589 Date of Applicaton: 2/14/05 permit Number:—. Property Address;_ 1401 Bayside Drive l3Ily@r0S N81'neW-Hillaide Ba,1boa,LI,ZC :..B1i11n9Addreds- illi Eayside n,;[ve-.fill ... —Corona H%rxC^ A 92625 Telephone No.: 949/219-2000 suy®o'S $seller°S 1da�ifOS: Wil7aam R� yiaiccey, Trustee Seller's $19 natures., Joint Owner Signature: Escrow Company: Address 2 Civic Flaw Escrow Number: 04XB82-JT -Fax Closing Date (Cskirnate):� ort Bex.chr CA 92660 949/6443938 Inspection bate: '% 914�5 Relnsp®ctlon Da to: Fee Amount, -- Date Paid: 0��3 Check Number; �! Application Complete; "HAbay P1esources�sl�naPure/pgte Special Cond160ns: This parmll /& rovooab/a by the Clty Council in 66100rdance iwith TIfl6, 17 ofthe PJe'vort Baom Municipal Coda, 41 I GN AND'RETURN Feb -25. 2003 1.44PM. . FREEDOM ESCROW 9498443938 M0.3893 P. 5 .fie P'Sp�AY �6 rasa 1&61 1)mwm4dm 99eeda.... ^� ... ..... ....... . r .1F 1 � � p� 1(p 4 i yr t I r �', 1• p a w. i h I 10 � ...W.,1`.".. .mow. 900'd OD94 xlgvlu qv xx7cnvd Me ALA 606 WEi aoo7.az•aza February 24, 2005 Freedom Escrow Fax 949-644-3938 Re: Pier Permit #102-1041 1401 Bayside Dr. Escrow # 041882 -JT Dear Sirs: CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92559 949-644-3034/Fax 949-723-0589 The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by the buyer, seller and joint permittees the pier will be transferred. Thanks for your help and if you require further assistance in this matter, please call 644-3034. Sincerely Lor6e Aroese Lorrie Arcese Harbor Resources Division 4EW13 T ate, February 24, 2005 Freedom Escrow Fax 949-644-3938 Re: Pier Permit #102-1041 1401 Bayside Dr. Escrow # 041882 -JT Dear Sirs: CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by the buyer, seller and joint permittees the pier will be transferred. Thanks for your help and if you require further assistance in this matter, please call 644-3034. Sincerely, Lome Amese Lorrie Arcese Harbor Resources Division HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Dr. Newport Beach, CA 92660 949-644-3034/Fax 949-723-0589 Date of Applicaton: 2/14/05 Permit Number:__/ Property Address: 1401 Bayside Drive Buyer's Names: Hillside Balboa,i.:LLC Billing Address: 1111 Bayside Drive, 11111 Corona del Mar, CA 92625 Telephone No.: 949/219-2000 — Buyer's Signatures: Seller's Names: William R. Piercey, Trustee -� Seller's Signatures: Joint Owner Signature: Escrow Company: Freedom Escrow Address 2 Civic Plaza 11200, Newport Beach, CA 92660 Escrow Number: 041882 -JT Fax #: 949/644-3938 Closing Date (Estimate): Inspection Date: �1� ��' Reinspection Date: Fee Amount: q Date Paid: a aS Check Number: Application Complete: 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. N _ .. INSPECTION FORM Harbor Resources Department Date: / ;2_ O Inspection Requested By: 14--e— Inspector: Don Duffy a / Pier Address: � � Pier Transfer Reinspection Yes Need None Ne dad Yes Need Anti -Siphon /Backflow Present � m Other Comments p,r Eelgrass Yes No Present Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request CITI OF ERY X �r i ) S4} - \ Mr C OOERiV PIER\ � PROFILE 1' = 40' YICMITY_MRP r ,o'sxr air. �w �IX-t�INGS p,�E DTFE= IN FEET f$1D CE WTE ELEVATIONS 395ID ON hUN LMR LOS HATER. oEu1PcRT 6AY r�D — m HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH . R I7i0 r , 70 7D ;.a �I Y I 6 EEL GRASS INSPECTION NO EEL GRASS WITHIN 15' OF PROJECT EEL GRAS IN THE PROJECT AREA NATURE PER IT# U- PIF ve c rcvnuJe C, 6�ik h e4cir i i No%; Rew+a�C 8x20 S«{-ro�o� walk, SuOaon ,N> d dal l y x 30 s o� 4-o access re'i,nytfS Yor 4dd 3 ctdJi' 16-4,1 Pull and eeposi�,ow -3 ovisin,s Je,4 0( -1;1' -eel, PLAN VIf ! i' = 40' . JOD FLa;ESS 1407 Bayside Dr. Y -:2 2 %`0% CITY OF NEWPORT BEACH September 25, 2001 Mariners Escrow P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 190 Newport Center Dr., Suite 250 Newport Beach, Ca 92660 Re: Pier Permit 1021401, for 1401 Bayside Drive, Newport Beach #20400 -DD Dear Sirs: The City of Newport Beach Harbor Resources Division has inspected the pier and float for the above-mentioned property and has found that it meets the City standards. The pier permit will be transferred once we receive the Transfer Application Form signed by the Buyer and $198.50 balance for the transfer fee. Also, I have attached the special conditions for this permit. If you require further assistance in this matter, please call 644-3043. IlSincerely) Wes Armand Harbor Resources 3300 Newport Boulevard, Newport Beach t"y-M r q — y 5 -to/ CITT OF NEWPORT SEACH aN pAOIFIC OL VICINITY MHP m3rw 811. cxrgM iaZ- /7/4/ rm. II.8 I W �'z1S r+tip �✓�� ^1 II R !1' :1.171 7 II 17 1 M)fr �e�ltc erlsfl dal:!Gs NFu}PCRr SA Y vef w LP— /0 c ltfc P— /oc4fc 3D 70 70� t0� Rn- �N N 9 N J 1!I AWL N � . P/EZ►1 rtAO a yc ` W i IiI / �Z,f Nfl2 I .1 28 �wy rem/ i LJ ' I PLAN VISY 1' = 40' R°PLIm'S mw L34YSI0E (oLdnl JOB MESS /'1O/ dAYS1 DE: 0&,T; clTy OF NFMOKI V,4RB0R PERMIT "i. PERMIT NO... -17J7 �D / d ItIr 5; 777e 77� 17� P�C{Fj,C PIM \ �a7 irm YICIHITY MMPI four $11, 'I -TON 3 -• o et ••+ =2 2 a - n •s • 1VEueC97 6AY PlF2NtAo;.lyt _ _ 7 H Nt4� X y d walk 1 fled a �ro oP�i 1 If ', Noic; Rcw,o� 8xzo 5«F,o� mf walk. 8u�ld and 1Ns�af l y'x 301se c�'1dw 4-o acccst F"i,n,y�rg /NOI ePt�t,�-loha`� Add a pull and ✓e%oasiit0"j 3 u<15111( t!e /appcoFc.:rPJocc..4-Po2. yo;le..�a� 7�ilrLL 4-0 )e PLAN VIEN 1' = 40' JOB R FhEES 1407 Bayside Dr. WORKS: 'T FOR BUILDING PERMIT APP: 'ATION CITY OF NEWPORT BEACH BUILDING & PLANNING DEPARTMENTS PLEASE PRINT 1.PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. ZIP LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT 2.DESCRIPTION OF WORK,' ESTIMATED $ VALUATION EXISTING STRUCTURE SQ.FT. PROPOSED NEW / ADDITIONAL SQ. FT. NEW --] ADD "-1 ALTER,-] DEMO OTHER USE OF STRUCTURE Lam`'. No. OF STORIES 3.OWNER'S NAME LAST FIRST M.I. PHONE NO. OWNER'S ADDRESS CITY STATE ZIP 4.APPLICANT'S NAME LAST FIRST PHONE NO. APPLICANT'S ADDRESS CITY STATE ZIP 5.ARCHITECT'S NAME LAST FIRST STATE LIC. NO. ARCHITECT'S ADDRESS CITY STATE ZIP TPHONE NO. 6.ENGINEER'S NAME LAST FIRST STATE LIC. NO. ENGINEER'S ADDRESS CITY STATE ZIP PHONE NO. 7.CONTRACTOR'S NAME LIC. CLASS STATE LIC. NO. CONTRACTOR'S ADDRESS CIq STATE ZIP FPHONE NO. � COMPANY NAME (if different) iv v NEWPORT BUS. LIC. N0. OFFICE USE ONLY TYPE OF CONSTRUCTION OCCUPANCY - GROUP CLASS CODE White: Building Dept Yellow: Cashier Pink: PERMIT NO. PLAN CHECK NO. PLAN CHECK FEE $ WORKSOT FOR BUILDING PERMIT APV_)ATION CITY OF NEWPORT BEACH BUILDING & PLANNING DEPARTMENTS PLEASE PRINT � 07 1.PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. ZIP � 7 LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT 2.DESCRIPTION OF WORK PROPOSED NEW / ADDITIONAL SQ. FT. NEW 1 ADD "'-1 ALTER DEMO F] OTHER / USE OF STRUCTURE / �(lr /' /'y, ( 7— No. OF STORIES {l l , k— 3.OWNER'S NAME LAST FIRST M.I. PHONE NO. OWNER'S ADDRESS CITY STATE ZIP 4.APPLICANT'S NAME LAST FIRST PHONE NO. APPLICANT'S,ADDRESS CAA �.ri'° STATE ZIP 1 5.ARCHITECT'S NAME LAST F�(2�I STATE LIC. NO. ARCHITECT'S ADDRESS CITY STATE ZIP PHONE NO. �� o r� (yqj) `' n 6.ENGINEER'S NAME LAST FIRST STATE LIC. NO. o� -t-rj r ENGINEER'S ADDRESS CITY 'STATE ZIP PHONE NO. ' 7.CONT$}1CTOR'S NAM IC. CLASS STATE LIC. NO. NN I CONTRACTOR'S ADDRESS CIQR 4RTE ZIP PHONE N0. , COMPANY NAME (if different) G NEWPORT BUS. LIC. NO. OFFICE USE ONLY White: Building Dept Yellow: Cashier Pink: Applicant PERMIT NO. TYPE OF CONSTRUCTION _ PLAN CHECK NO. OCCUPANCY — GROUP Y�` CLASS CODE j'PLAN CHECK FEE $ BUYER'S NAME PIERCEY, WilliN. g. .i ADDRESS OF FACILITY: 1401 Bayside, Corona del PERMIT M ar MAILING ADDRESS t TELEPHONE NO. FEE CHECK NO. DATE 1401 Bayside Dr., 72 - APPROVED BY: DATE APPLICATION IS HEREBY MA TO TRANSFER HARBOR PERMIT OCHD ❑ /t(AMLM f I�I�Gy ENG ❑ L NAMESBUYER'S NAME(S) BE TYPED) COUNCILPUBLIC WORKS ❑ SIGNATU SIGNATURE OF BUYER DEPT. ESCROW ❑ SIGNATU 0 ELLER SIGNATURE OF BUYER INSPECTTION 7� — ElNATUR F OINT OW R A C T PPR E (DATE) ❑ CITY H tBOR INSPECTOR SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE eY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OR THE MUNICIPAL CODE MARINERS ESCROW CORPORATION Newport Beach CA 92660 Date: 10/12/01 Escrow No. 20400 -DD CITY OF NEWPORT BEACH. CALIF. Closed: 10112/01 WK Fou 66-1013 REv. 181296 CheckAmount$ 198.50 Funds Due You PROPERTY: 1401 Bayside Drive Corona del Mar, CA 92625 SELLER: James C. Stein and Carol A. Stein, Trustees BUYER: William R. Piercy, Trustee Pier Transfer Fee c. ':4.l vo, We appreciate your business! CITY OF NFWPORT BEACH HARBOR PERMIT PERMIT N0. CIN OF NFWPOFIT BFAC14 HARBOR PERMIT /0 L_ -1� PERMIT NO. z - 5-O SOOT l Jvi /�- �� y CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 \c t7lFO RN/ �� P October 25, 2001 Mariners Escrow P.O. Box 8808 Newport Beach, Ca 92658 Re: Pier Permit 1021401, for 1401 Bayside Drive, Newport Beach #20400 -DD Dear Sirs: The City of Newport Beach Harbor Resources Division has inspected the pier and float for the above-mentioned property and has found that it meets the City standards. The pier permit will be transferred transferred to William R. Piercy, Trustee. If you require further assistance in this matter, please call 644-3043. Sincerely, Wes Armand Harbor Resources 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH October 22, 2001 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Mariners Escrow P.O. Box 8808 Newport Beach, Ca 92658 Re: Pier Permit 10214011 for 1401 Bayside Drive, Corona Del Mar #20400 -DD Dear Sirs: The City of Newport Beach Harbor Resources Division has inspected the pier and float for the above-mentioned property and has found that it meets the City standards. The pier permit will be transferred once we receive the $171.50 balance for the transfer fee. If you require further assistance in this matter, please call 644-3043. Sincerely, Wes Armand I9 (� Harbor Resources b 1 ,e1 3300 Newport Boulevard, Newport Beach CITT OF NEWPORT SERCH LFFER IER- e ^ . kt4T py,_ � 1 SiORi O II ia1BiBOFI9.FPID Sir rr I ACIFIC OCERN PIEMR `\ War VICINITY MRP EW P1LE 1' = 40' WFW arrae, M -VO m+ MMINM FIRE DOSSED IN FEET fM MMTE aEVRTIONS BRSED ON MERN LOWER LOW WRiEB. A)gwvaRr 8A Y Nc)4e f�eUrsc er/sr do�� Y/•lf B41khte /4�S i /v's- • /vo � PLAN VIEN► 1' = 40' RPPLJOWT's M:VE ( YS( b(oLd nj j JOB RDFS /7'0/ 8AY.S) D E DR.IIRiE s /C3-%6 " ao yomq N�. P/r�tl�Ancrye 9 ly kLl I - �- l`4. I Y/•lf B41khte /4�S i /v's- • /vo � PLAN VIEN► 1' = 40' RPPLJOWT's M:VE ( YS( b(oLd nj j JOB RDFS /7'0/ 8AY.S) D E DR.IIRiE s /C3-%6 -ItZe CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 September 17, 2001 Mr. Tom Chadwell 13600 Beach Blvd. Westminster, Ca 92683 Dear Mr. Chadwell: Re: Dock Modification Application for 1407 Bayside Drive Dear Mr. Chadwell: As I indicated to you by phone, the City has given Approval in Concept for this revision application, subject to approval of the joint permittees at the site. It is our understanding, based on two letters recently received from the property owners, that there is no consensus or agreement on this dock modification. Therefore; the City will not allow the application to proceed. If you have questions or wish to discuss this further please contact me at 949- 644-3041. Sincerely, Tony Melum, Director Division of Harbor Resources 3300 Newport Boulevard, Newport Beach SCNT RY: PIERCEY AIJTOMOTIVE GROUP; 714 898 9779; 8EP-10.01 10:07AM; PAGE 1 AUTOMOTIVE GNOUP To: _ 10I)q- Mf (u°x/l Company: Phone: Fax: From: 10A,�: avG�` / Company: Phone: 714-696-9777 Pax: 714-696-9779 Cate: J-/ /0,0/ Pages including this cover page: Comments: Pea �Uf- A" . V-LI,Yo 5kirei W�a doJ.'qj /Vd)/ P2683 SENT 3Y: PIERCEY AUTOMOTIVE GROUP; 714 896 9779; SEP -10-01 10:08AM; PAGE 3/3 v v1 vol" ser I0:1.0 FAA 099673897$ areama"Breaaan moot STMT Illy: PIERCEY AUTaNOTIVt Soup; 714 999 9779; BEP -7.01 9:40AII; PA9t3 2/W September 6, 2001 Harbor Resources Division City of Ncwpont Beach 3300 Nawpor4 Blvd, NewportBeach, CA 92661-1816 ...>'>twn'Sir-oahYadem: ..., ..... ............... _ pending application for dock modification at 1407 Daysidc Drive I am the Property owner a040T Sayside Drive, My puree! is (Inc ofthe four parcels, which each nwn a 25% itftmt m teomnts in common, of the dock $cruottu+e in question. This dock services 1401, 1407, 1415 and 1421 Bayside Ihivo, I am oppoacd to any approval by the Harbor Resourcpa Division, whist would allow the subject dook to he rnodified to allow for u lamer boat to be moored there. We have not previously been noli iitatl of this p4rudt application, MC have we given our permission or signed anY cosh appIkAtion for tpa MOMPatiom is the pest. Any boat bger than the current 60 ft, ship can a--ocommodate, would have the likelihood of obstructing my waterfront view oftho harbor, I'hatpossible ob#,rulgiou could eigaMeamtiy impact the value of my home, The harbor view is one of the primary attrsotions of our home site, and we do mot want the possibility to axial that it ran be nhattmota4 As I am sure [tact YOU can tuxtrasautd our cea=04 your c dc9t written rospo)nso would m.—.- hegmatiYapS�80iatt+dr•mat•polFa4lenwslamakaadecrriomasto whato0ler'srapsrat>gq- _.' .— bemecemw to protect our Interest in Pact matter. Thenk you for your assisteaw Sincet ly /,;, >-� 1-7 N If -le V A70 �l°, ��uc� /!h/ 4 )j SENT BY: PIEACCY AUTOMOTIVE GROUP; 714 858 9779; SEP -10-01 10:07AM; PAGE 2/3 SEP.07'2001 16100 989 675 2073 PRudBaTIAL cAL3FORNIA RRALTY #7179 r,QQS1001 5OP-07-01 0a:521' F1we1 Cvrlvoratton Pleurcnryumivn Doe itNx pi, rw'-rprae udi• vice enai.mo� Am, vlej, (A 12656 I KA 'M'r.W. 1166 {rl 949.342160$ hn jlm.xtelat'D6nur.eOra Septemberfi, 2004 HerGor Rvsourcoo ONislon City of Newport Beach 3300 Newport SNO, Newport Beach. CA 92663.91316 6642618237 Dear Sir or Madem; Re: pending application for dock modifioation at 1407 9ayside Drive I am the property owner at 1401 Bayside Dive. My parotl Is ore of the four parcels, which each own a 25% interest as Icnents In common, of the dock strucljio h question. This dock service# 1,401. 1407, 1415 and 1421 Bayside, Drive. I am opposed to any approval by the Hadw Resources Divisiqn. which would allow the subject dock to be modified to allow for a larger boat to be mooted there. Vdo have not previously bean notified of this permit appllcAtlon, nor have we given our pemnission or signed any such application for the modification in the past. Any beat larger then the Current fio if.. sl'p can accommodate would have the likelihood of obsbviceng my waterfront view of the harbor as well as changing the atooess and configuration of my existing one and half slips The harbor view is one of the primary attractions of our home site, and we do nal want the possibility to exist that it be obstructed which would significantly Impact the value of my none. As I am surd that you can undaravend our concern, your earliest written response would be greedopproolated. Yhat will ®flow us to make a daetslcn ss to what other steps may be ney,6; ry to protect our Hemet in this matter. Thank you foryour assistance. 0. Olein SC -NT BY: PTERCEY AUTOMOTIVE GROUP; 714 898 9779; SEP -6-01 11:30AM; PAGE 1/1 PIERCEY AUTOMOTIVE GROUP TO: Tony Melum From: Tom A. Chadwell Fax: 949-673-3056 Pages: 1 Phone: 949-644-3041 Date: September 6, 2001 Re: Status of application on 5407 Bayside Dr CC: William R. Piercey 0 Urgent x For Review 0 Please Comment x Please Reply O Please Recycle Per our conversation this morning, could you please provide written confirmation of the status of the application for the dock modification at 1407 Bayside Dr in Newport Beach, CA. As I stated, I represent William Piercey who is looking to purchase 1401 Bayside Dr., and the possibility of a 96 ft boat in the adjoining slip would not be compatible with his desired use and enjoyment of the property. Because this is a co -ownership of the dock by four lot owners, could you please summarize under what conditions that the Newport Beach Harbor Resource Department would approve the application to modify the existing dock. Thank you for your prompt return of my phone call this morning. As you can imagine, this is a significant issue to the potential buyers of 1401 Bayside, and your response will allow us to make an informed decision regarding the purchase of the subject property. If you could please fax your response to me at 714-896-9779, and follow up with a hard copy in the mail, I would be most appreciative. Thank you again for your assistance. If you have any questions, feel free to call me at 714-896-9777. Sincerely, Tom A. hadwell Chief Financial Officer PierceyAutomotive Group BUYERS' NAME(S) 4.. MR 1 ftz"GnD6�ss APPLICATION IS HEREBY MAGE TO THANSFER HARBOR PERMIT ❑ APPROVED BY DATE _ ❑ OCHO SELLERS' NAME(S) BU ERS' NAMELS) ENG ❑ ENG ❑ COUNCIL COUNCIL F❑ PUBlIB,WORKS DEPT. G&GBGN(.'..... Q INSPECTION- PUBLIC WORKB ❑ - - - -t; DEPT. El SPECIAL CONDITIONS: THIS PERMIT IS OF THE MUNICIPAL CODE. ADDRESS OF FACILITY; PERMIT $ TELEPHONE NO. I FEE I CHECK NO. I FATE SELLERS' NAME(S) BUYERS' NAME(S) (ABOVE NAMES TO BE TYPED) ��i �sIGNATURE O�SELLER SIGNATURE OF BUYER SIGNATURE OF SELLER SIGNATURE OF BUYER SIGNATURE OF JOINT OWNER APPOCATION,APPROVED'>I(TE) C14A B R COORDINATOR )CABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 CITY OF NEWPORT BEACH. CALIF. BUYERS' NAMEI$) '>� ADORE.SS OF FACILITY: V// _ r fl_ JF -7 �Y . .TNG ADDRESS 1 TELEPHO— NO. W% FORM O6-1013 R[V. PERMIT P DATE APPROVED BY: DATE APPLICATION IS HEREBY MAGE TO THANSFER HARBOR PERMIT ❑ OCHO _ SELLERS' NAME(S) BU ERS' NAMELS) ENG F] (ABOVE NAMES TO E TYPED -, COUNCIL ❑ .> • J --- tl-''... SI`SIGNATURE OF BUYER GNATURE F SELLER ' PUBLIC WORKB ❑ - - - -t; DEPT. ESCROW r SIGNATURE OF SELLER OF BUYER. �.. ... INSPECTION ❑ T, - �y. r SIGNATURE OF JOINT OWNER ❑� APPLICATION' APPROVED D)ATE)� � Y ;'CITY HARB00.'CO ORDINATOR SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. CITY OF NEWPORT BEACH, CALIF. wA ro RM aa.t ota R[v. BUYERS' NAMEIS) �.A.DRESS LLC ADDRESS OF FACILITY:/�Q �jt IFS, ✓PERI'-jj' 4J -!;' MAILING AODPESS 1�8' 7eYei(de Ds py 1711 Weetoliff TELEPHON .O. Dr- 14 I FEE CNECK N0_ APPROVED BY! DATE APPLICATION IS HEREBY I ��. f �� MADE ODHn ❑ TO TRANSFER Hp RBOR PE IT The izvine Company Bey'aide.LLC ENG ❑ SELLERS' NAME(S) BUYERS' NAME(W IT COURCIL ❑ `I (ABOVE NAMES TO BE TYPED) �� Jy IA/C C11(.11Jjiani: PVBLiC WORRB❑� SIGNAT DEPT. OF SELLER .SIGNATURE OP,BUYER. A" ,f ESCROW ❑ rI.��• - ) SIGNA UR¢ OF SELLER SIG jATUR P BUYER �.J INSPECTION y � � � ❑ APPLICXTION APP OVED.' (nATEI_ SPECIAL CONDITIONS THIS PERMIT IB OF TAL CODE. HE MUNICIPRE VOCABLErBY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 CITY OF NEWPORT BEACH. CALIF. Wl( FOAM O.IOIa a6V. BUYERS' NAME(S) ---'---'- „ - ADDRESS OF FACILITY: PERMIT # MA IN G ADDRE S� : - I, J I 11 'I r:Dn TELEPH ENO FEE CHECK N0. DATE — - APPROySOBY. - - OgTE- +'� .: _ I I APPLICATION IS HEREBY MAO El TO TRANSFER MAgBO R PERMIT OCHO ENG ❑ SELLERS' NAME(S) ❑ BUYERS' NAMES) (ABOVE NAMES TO BE TYPED) - COUNCIL -�/ ,EIIBLIC WORKS ❑ :/ SIGNATURE DEPT. OF SELLER SIGNATURE Of BUYER FP -PROW ❑ - I INSPECTION SIGNATURE OF SELLER SIGNATURE OF BUYER ❑ SIGNATURE OF JOINT OWNEq APPLII N APPROVED 1oprE) ❑ - ��' ,i SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY OF THE MUNICIPAL COOS. THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 CITY OF NEWPORT BEACH. CALIF. wA FORM 66.1012 Rev. SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BYTHE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. DATE INVOICE REMARK CITY OF NEWPORT BEACH, CALIF. Wx FORM .8.1013 33Y. 7232 PRP ACCOUNTS AMOTTNTS 07/10/95 062995 TRANSFER FEE 035 6110 BUYERS'NAME(S) ADDRESS OF FACILITY: >® PERMIT J MAILING ADDRESS / TELEPh..NE NO. FEE CHECK NO. I DATE APPROVED BY: DATE + APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT OCHD SELLERS' NAMEIS) --BUYERS ;N M (S) ❑ (ABOVE NAMES TO BE TYPED)'- COUNCIL "^^ 'SIGNATURE OF SELLER SIGNATURE OF BUYER PUBLIC WORKS DEPT. SIGNATURE OF SELLER SIGNATURE OF BUYER ESCROW -_- INSPECTION SIGNATURE OF JOINT OWNER, APPLICATION APPRO�%E,01 (DATE) CITY.MARBOR COORDINATOR SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BYTHE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. DATE INVOICE REMARK CITY OF NEWPORT BEACH, CALIF. Wx FORM .8.1013 33Y. 7232 PRP ACCOUNTS AMOTTNTS 07/10/95 062995 TRANSFER FEE 035 6110 300.00 >® 07/10/95 007232 000113 881 INVESTMENT COMPANY 300.00 P.O. BOX 1960 Mem TO: FROM: SUBJECT: CITY OF NEWPORT mz BEACH /.g DATE: / � f��' `TZ' �..-rK=�� ,� • l��% , moi, ri"�'�"S' COPIES TO: SIGNATURE IZ71011 /V- 1,3 F- -� _Z/ ,4-e 142 04-30-1997 10:56AN FRChI..SWIFT SLIP DOCK/PIER BLD. TO s Lr TO ATTMON OP. Office of the Chief Regulatory Branch DEPAFTTM SST OF THE ARMY LOS ANGELES DISTRICT, CARPS OF ENGINEERS P.O BOX Mull LOS ANGELES, CALIFORNIA W0534M Bayside Colony C/o Swift Slip pock and Pier Builders 500 300th Street Newport Beach, California 92663 Lear Sus: March 31, 1997 67.33055 P,02 Reference is made to ,your request of January 14, 1997 (File No. 97-00095-dv55). Under the provisions of Section 10 of the Rivers and llarbors Act of Mardi 3, 1899 (3311S -C. 403), you are hereby authorized to modify an wdsting marina in Newport flay at 1401 Bayside Drive, in the City of Newport Beach, Grange County, California, as shown on the enclosed drawings. The owner or authorized responsible official must sign and date all copies of this 'Letter of Peranission (LOP) indicating that he%she agrees to the work as described and will comply with all conditions. One of the signed copies Of thi,Ia L.etier of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of commencement (,within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Thank you for participating in our regulatory program. P;sItMi1TTE& Sincerel�yA, Richard J. Schubel Cldef, Regulatory Branch DATE TCTHL P.02 04-30-1997 10:56RM FROM SWIFT SLIP DOCK/PIER BLD, TO 6733056 P.01 CALIFORNIA COASTAL COMMISSION SQ VTIJ COAST AREA m W. eROADWAT, BYE. 080 - P.O. BOX 1450 � I -ORO BEACH, CA SM024410 pw) 5^5074 NOTICE OF PERMIT WAIVER EFFECTIVENESS DATE: March 17, 1997 TO: All Interested parties FROM: Peter M. Douglas, Executive Director SUBJECT: Waiver De Minimi9 Number 5-974013-W Please be advised that Waiver Number 5-97-913-W, which was repotted to the Commission.on Marcfi"14,1997, became effective as of that date. ' any deviation from the application and plans on file in the Commission office may require a coastal development permit for the entire project, APPLICANT: Russ Fluter . LOCATION: 1401 Bayside Drive, Carona Dell Mar (Orange County) (APN(s) 060- 40102) oescmpnoN: Change existing marina from S slips to 4 larger slips (62'x20') pull - and ro-drive (6) guide pilings; rs-dock entire marina. Should you have any questions, please contact our office. Sincerely, PETER M.VOUGLAS Exew-'hve Direcior By: MEG VAUGHN Coastal Program Analyst W CALIFORNIA COASTAL COA MSSION Decmebr 11,19% TO, TocWJdeUmn Qty of Mcwpatt Bta;b BE: 14418WGido WW S 0&x MW 91= to remise dW dmks is accoplablc to ea whb tha following 1. The eve+ll qde ot'the mal tlnadag dncke ahatl wf 6e imnealed. TPWO —1997 16�40 2. Bo* aides of the looks whme makea (No Slee Tim) 9" be rWaiele� by fha Chy partnil to haws n0 balls allowed: ae elves wiu ba allowed an the sides add Sipa ureil be pos0ea end mamtadaed drt uy "Ne Dxldag 3, 77r dmk areas coe tlr back c{tbe decks and the beaduralk shag not have aoy bate fMet aeaande bvood the 4$ Enron. tmetKd dec+sh.) �,L7f_'f'��9 e C YACR CI= ` / 74'/. P.02 TOTAL P.01 Q / ADDRESS OF PROPOSED gLRY Q PEW 1 A77 ENGR / PUO KS � I/ d/ INSPECTION ❑ 7id; APPLICATION IS HEREBY MADE FOR A NARSOR PERMIT TO AT THE ABOW-LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES NG TTACWG BY CM�` COMPANY L 7 DATED _ ` `7 / 6, /j�P/ DATE -/,6 -A SIGNATURE SPECIAL CONDITIONS: CITY OF NEWPORT BEACH, CALIF. NAME I gOGRESS OF PROPOSED FACILITY MAILING ADDRESS APPROVED BY DATE OCHD ❑ ENGR ❑ COUNCIL ❑ PUBLIC WORKS ❑ DEPT. ESCROW INSPECTION SPECIAL CONDITIONS: TELEPHON W%FORM 681010 PERMIT # I DATE APPLICATION 15 HEREBY MADE FOR A HARBOR PERMIT TO CONSTRUCTIREVISE A I I�� Y L' ei A t AT THE A VE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT EACH PERMIT POLICIES AND THE ATTACHED DRAWING SV / COMPANY DATED DATE SIGNATURE 1, ul ,7/1/C.% 6. CITY OF NEWPORT BEACH, CALIF. W%FORM 681010 CITY OF NEI FORT 6EHCH C1TT OF NEWPORT BERM 10RCIrIC OCERN VICINITY MRP p9ww Mr. muv ml MY War aEm N)EWVC I(7 6A Y G ✓"-7 /0 2 — lg91--/ D.O i 8 /I I �T �I Ip LKIS i1ti4 �I�`-�h/d Er I PFUF I LE 1' = 40' LIITISOLMIINGS FRE DGIZESM IN FEET FM [ENOTE ELEVATIONS BASED ON fUN LONER LOW HITM. �lvfc Re�,sc erlsfl,� doer f -es mo-4-cA cid KCII�J LAJ- re/0ca4-c. I �L 7 r , P - ---- 'll..b Y1.6� I yl.{L I v1.4 e41knm li I I1 I I PLAN VIEW 1' = 40' APPLI0lNT'S M:HEL34YS(nE (OLanJ Y JOB ADDRESS /-/D/ 6AVS)DE DK. DRTES-,/a-f,1, IN KANT NO. � Nfw �� CITY OF NEWPORT ®EACH N� PA5Kay CITY OF � I NEWPORT BENCH N *T O <«•„ mw BRI' 1 ------- , D• gnu IBRY PRCIFIC OCERN P az Her PROFILE V = 40' VICINITY MRP �rrr F r MMW M, OiIFOWR 'ETT' SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. NPweoRT bhY Gx/5nK& MOINA — - --- --- --- U•5 P/F�NI� UNr_ Nb fz , r4/5 u l 2 - NCO NU, 3J�JanS��aYS and -2 SxS �anfwa > lGhd irvs J WLdeA1 U�f Sfilroc�• u head��a u� a v UNE PIAN VIEW V = 40' RPPLICRNT'S NAME 64,"510 (-OLOAA L,L,L.A JOB ADDRESS IV01 &ISICC I)N . DATE 6-- OTY OF: NEWPORT BEACH HARBOR PERMIT -'ERMISSION IS HEREBY GRANTED TO CONSTRUCT AND M MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, ATTHE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PCRMIT POLICIES OF NLWPORY BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITT EN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL., THE RIGHTS GIVEN UNDER THIS P£RMIT A M ERMIESWE ONLY AND THIS PERMIT PvtA:I' BE IiEVOi(£ 8'! . H£ CITU 'OUP1 SN ACCORDANCE WITH tl'NF: '17 F T MUNICIPA OOF2 CITY OF NEWPORT BEACH U Z PC). BOX 1768, NEWPORT BEACH, CA 12658-8915 Cq</ FO FN\P March 28, 1996 Richard N. Dick 1711 Westcliff Drive Newport Beach, Ca. 92660 RE: 1401 Bayside Drive Dear Mr. Dick: Attached is a drawing of the permit area that is bayward from your property line. The drawing depicts 167' of frontage and extending out from your property line approximately 1001. There should not be a shared fee with the Bahia Corinthian Yacht Club for water space required to access their docks, and by the same token, you will not be subject to fees where you access your slips in the area adjoining California Recreation. Regarding permit fees, these fees are for the use of State Tidelands and is an annual fee billed to both commercial and residential bayfront owners where there is a pier with their property. Please call if I can be of further assistance in regards to this matter. Sincerely, Wes Armand Harbor Inspector cc: Russ Flut 3300 Newport Boulevard, Newport Beach NAME 5 d .1G04 ADDRESS OF PROPOSED FACILITY 1 /y0 PERMIT fV , MAILING AbDRESS ss. o w S QQ TELEPHONE NO. FEE 6 a CHECK NO GATE /boo h S— -� APPROVED BY: DATE APPLICATION IS HEREBY MAADDDEE/��F/OiR A HARE R PEP�IT TO OCHO ❑ CONSTRUCTIREVISE A_L• P' I ENGR ❑ COUNCIL D PUBLIC WORKS D AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT TTjBEACH PSE/-p�M/ T POLICIES ANGTHE ATTACHED DRAWING BY (l � L9 'P A COMPANY DATED DATE V DEPT. D ESCROW INSPECTION D SIGNATURE L2 60,'v k4b LEu DlnSW SPECIAL CONDITIONS: CITY OF NEWPORT BEACH, CALIF. WK FORM b lala CJ N -tJ—� 11 V I Im � D a 9I t� mn a A i a n A a A4 < � IMYI41 yy IYN i n ^ Ll I Im �W-J RICHARD DICK. -03 & ASSOCIATES March 7, 1996 City of Newport Beach Marine Department ATTN: TONY MELUM P.O. Box 1768 Newport Beach, CA. 92658-8915 RE: 1401 Bayside Drive Dear Tony: For my information, would you. give me a plot plan that delineates the actual area which we are paying fees on. Is it the same as our property line extension that we supplied to you earlier?r;y>If so should there be a shared fee with the Bahia Corinthian Yacht Club for the space they require for access to their docks?A"'And likewise, should we be subject to the fees where we intrude in the CalRec area? rVc," It appears with the current development Russ Fluter is planning the marina will have no changes in its' configuration and will be in an association owned by the four lots. I presume when the individual residences were developed and it was no longer a commercial marina there would be no permit fees, is that correct? yu) Thank you for your assistance with my questions. RND/dd cc: Russ Fluter 1711 Westcliff Drive, Newport Beach, California 92660 (714) 642-6515, FAX: (77.4) 631-8813 ALI e � L January 20, CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Bayside Colony 500 30th Street Newport Beach, Ca. 92663. Attention: Russ Fluter Sirs: The Bayside Colony has submitted an application to have the docks, bayward from 1401 Bayside, revised and has provided the Marine Division with drawings of the reconfiguration. This is notice that among the approvals required for this project is one from the Fire Marshall's Office. A drawing of the proposed docks has been sent to Fire Inspector Russ Cheek for review. Any conditions placed on the project by the Fire Marshall's Office will be forwarded to you. Russ Fluter has requested to be present at any on-site inspection. Sincerely, Wes Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 December 20, 1995 Richard Dick & Associates 1711 Westcliff Drive Newport Beach, Ca. 92660 Re: Dock Inspection, 1401 Bayside Drive, Permit 104-1401 Dear Mr. Dick: The City of Newport Beach Marine Division.has received a request to inspect the property located at 1401 Bayside Drive, Newport Beach. The facility was inspected on December 19 and 20, 1995. We cannot transfer the pier permit until the following deficiency has been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: Electrical The water service on the dock must be bonded. Fire Fighting EQUipment 1. Should the permittee decide to reconfigure the docks (Revision Permit), while commercially zoned, the Fire Department connection to the dock stand pipe must be brought street side and an additional hose cabined installed. If you need additional information regarding the electrical requirements, please call Building Inspector Ray Baltera, at 644- 3261. For further information regarding the Fire Department Requirements, call Inspector Russ Cheeks, at 644-3107. 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. All deficiencies must be corrected prior to transfer of the permit." Sincere / e?Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach SAINICK & COTE' Attorneys at Law 190 Newport Center Drive, 1st Floor Newport Beach, California 92660 (714) 644-9400 Facsimile No. (714) 644-1142 DATE: July 12, 1995 TO: Marine Department C/o City Hall P.O. Box 1768 Newport Beach, CA 92658-8915 FROM: Catherine M. Oechsli for Frederick B. Sainick RE: 1401 Bayside I have enclosed the application and a check for $300.00 for the transfer fee with regard to the above referenced slips. If you should have any questions, please give me a call. Thank you. • FOR YOUR FILES IN ACCORDANCE WITH YOUR REQUEST FOR YOUR INFORMATION PLEASE SIGN AND RETURN XX PLEASE HANDLE PLEASE SIGN AND RETURN PLEASE TELEPHONE ME 1401 Bayside Drive Should the permittee decide to reconfigure the docks while commercially zoned, the Fire Department connections to the dock stand pipe must be brought street side and an additional hose cabinet installed. 3366 Via If the permit C- should decide to physically separate the docks by fencing o o her means, he then must provide street side Fire Department 9onne4ions to the dock stand pipe system (hose cabinets) Ond an Additional cabined on the headwalk. fI Y6R'SN) E _ _ ." -, -' ERCS7[ Willie. ADDRESS DF FAIDR. `... "TV ' 1401 Buys e Corond del., PERMIT A r" MAILING ADDRESS. TELEPHONE NO. FEE CHECK NO. ATE 1401 Ba aide Drob G -/,d -C APPROVED BY: DATE APPLICATION IS HEREBY MAD9 TO TRANSFER HARBOR PERMIT ��. L- OCHD ❑ ❑ SELLER'S NAMES) BUYER'S NAME(S) ENG (ABOVE NAMES TO BE TYPED) COUNCIL ❑ ~ PUBUC WORKS ❑ SIGNATURE F SELLEW r SfGrTATkWOF BUYER DEPT. ESCROW ❑ SIGNATURE OF SELLER SIGNATURE OF BUYER INSPECTTION / - ❑ TUR�E I/� JJ IIN.T_OWN SIGNAF EE 9 SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCOROANCE WfFH TITLE 17 OR THE MUNICIPAL CODE CITY OF;NEWPORT BEACH, CALIF. WKF.64i 1O13Re1 A4,1 7 - SEF �T. 17 ! ri 5 I W I G�� . �� December 15, 1995 Via Facsimile and U.S. Mail (714)673-5065 Marine Department City of Newport Beach 70 Newport Pier Newport Beach, California 92660 Re: Coastal Commission Permit No.: 5-95-244 Applicant: Richard Dick, Bayside LLC Project Location: 1401 Bayside Drive, Newport Beach Gentlemen: SUITE 325 CORPORATE PLAZA U 12628 HIGH BLUFF DRIVE SAN OI E00, CALIFORNIA 92130-2073 TELEPHONE (619) 259-4500 PACIFIC BANK BUILDING 351 CALIFORNIA STREET, SUITE BBD SAN FRANCISCO. CALIFORNIA 94104 TELEPHONE (4151 296-7168 I have responded to a Notice of Public Hearing from the Coastal Commission in the captioned matter as the Judge Advocate of the Bahia Corinthian Yacht Club ("BCYC"). Our yacht club is located immediately adjacent to the south of the "Project Location". The Coastal Commission has suggested that I also advise your agency of certain serious concerns and objections that BCYC has regarding the proposed project. I respectfully request that this letter and all exhibits attached hereto which were provided to the Coastal Commission members for their consideration also be placed in your file records. BCYC is informed that the Applicant ("Bayside") proposes to demolish the existing apartment complex on their property and subdivide the same into three (3) residential lots. Bayside also proposes to remove the 10 existing boat slips in the marina in front of their property and install three 65 foot boat slips. A copy of Bayside's "Concept Layout" for their project was famished to BCYC and is enclosed herewith for your reference (see Exhibit IT attached hereto). BCYC takes no position at this time on Bayside's proposed development of the land, i.e., demolition of the apartments and resubdivision into three (3) residential lots. However, BCYChas serious concerns and objections to Bayside's proposed changes to the marina in front of their property, to wit: 1. BCYC requires use of the full width of the waterway currently existing LAW OFFICES VALENTINO, IVES & KEATING A PROFESSIONAL ASSOCIATION ` ANTHONY J. VALENTINO• SUITE 240 ROBERT N. IVES. JR. CIVIC CENTER PROFESSIONAL PLAZA JOHN F. KEATING SOO W. SANTA ANA BOULEVARD ROBERT VALENTINO SANTA ANA, CALIFORNIA 92701 *ALSO LICENSED IN ILLINOIS TELEPHONE 1714) 558-9222 TELECOPIER (714) 556-9533 December 15, 1995 Via Facsimile and U.S. Mail (714)673-5065 Marine Department City of Newport Beach 70 Newport Pier Newport Beach, California 92660 Re: Coastal Commission Permit No.: 5-95-244 Applicant: Richard Dick, Bayside LLC Project Location: 1401 Bayside Drive, Newport Beach Gentlemen: SUITE 325 CORPORATE PLAZA U 12628 HIGH BLUFF DRIVE SAN OI E00, CALIFORNIA 92130-2073 TELEPHONE (619) 259-4500 PACIFIC BANK BUILDING 351 CALIFORNIA STREET, SUITE BBD SAN FRANCISCO. CALIFORNIA 94104 TELEPHONE (4151 296-7168 I have responded to a Notice of Public Hearing from the Coastal Commission in the captioned matter as the Judge Advocate of the Bahia Corinthian Yacht Club ("BCYC"). Our yacht club is located immediately adjacent to the south of the "Project Location". The Coastal Commission has suggested that I also advise your agency of certain serious concerns and objections that BCYC has regarding the proposed project. I respectfully request that this letter and all exhibits attached hereto which were provided to the Coastal Commission members for their consideration also be placed in your file records. BCYC is informed that the Applicant ("Bayside") proposes to demolish the existing apartment complex on their property and subdivide the same into three (3) residential lots. Bayside also proposes to remove the 10 existing boat slips in the marina in front of their property and install three 65 foot boat slips. A copy of Bayside's "Concept Layout" for their project was famished to BCYC and is enclosed herewith for your reference (see Exhibit IT attached hereto). BCYC takes no position at this time on Bayside's proposed development of the land, i.e., demolition of the apartments and resubdivision into three (3) residential lots. However, BCYChas serious concerns and objections to Bayside's proposed changes to the marina in front of their property, to wit: 1. BCYC requires use of the full width of the waterway currently existing Marine Department City of Newport Beach December 15, 1995 Page 2 between the Bayside marina slips and BCYC's marina slips (approximately 77 feet) for its members' ingress and egress into their slips. BCYC has just entered into a long term lease arrangement with the City of Newport Beach for the BCYC marina. Anything that would restrict the use of BCYC's slips could adversely effect not only BCYC but also the City under the lease if the lineal footage of usable slips in the BCYC marina is reduced. Therefore, BCYC strenuously opposes any marina change or any new slip construction by Bayside which would reduce the existing width of the water access to BCYC's slips or otherwise restrict the use of such slips. 2. As proposed by Bayside in their Concept Layout (Exhibit -n, the slip closest to BCYC (the one in front of proposed lots 1 and 2) would provide the opportunity for boats to be side tied. This would restrict and/or prevent access to BCYC's slips. While restrictions could be placed on development plans and permits to prohibit side ties, in reality, we would expect to have a continual problem in enforcing the restrictions. Boats side tied would require constant policing by BCYC and enforcement by City officials to remove the improperly docked boats. Even temporary side tying would prevent BCYC members from leaving or entering their slips until the improperly docked boats are removed by law enforcement or otherwise. 3. Under the Grant Deed dated June 19, 1995 by which Bayside took title to the subject Project Location (see Exhibit "Ir' attached hereto for a copy of said recorded Grant Deed), Bayside's use and development of the property was restricted. a. The Grantor (The Irvine Company) specifically reserved and vested certain rights in the Irvine Company and in BCYC as the owners of the "Adjacent Marinas" on both sides of the Project Location [see Grant Deed, page 2, paragraph C and page 3, paragraphs 6(a) and 6(b)]. More particularly, these reserved rights and restrictions prevent Bayside from in any way restricting the current water access to The Irvine Company and BCYC marina slips and also require Bayside to permanently maintain the pedestrian access across the headwalk across the Project Location between The Irvine Company and the BCYC marinas. b. The Grant Deed further provides the above restrictions shall run with the land [page 4, paragraph 8(a)] and that neither The Irvine Company nor BCYC can affect the other's rights under the above restrictions Marine Department City of Newport Beach December 15, 1995 Page 3 without the written consent of the other. Finally, BCYC can itself enforce these restrictions by all appropriate action, including litigation [Grant Deed, page 4, paragraph 8(b)]. Accordingly, should Bayside violate any of the above restrictions preserving BCYC marina access and pedestrian access across the Bayside bulkhead to the BCYC marina, BCYC will strictly and strenuously enforce their rights, including litigation. The Irvine Company, concurrently with conveying the property to Bayside, also recorded a certain "Declaration of Special Land Use Restriction, Rights of First Refusal and Mortgage Lien" ("CC&R's"). Copies of the pages of the CC&R's which are deemed relevant to this letter are attached hereto as Exhibit "III". These CC&R's govern Bayside's development and use of the Project Location (Section 1.1) by Bayside and also run with the land [Section 8.2(a)]. Of specific importance is the permitted use of the Project Location specified in Exhibit "B" to the CC&R's, to wit: a. The land can only be used for residential purposes; and b. The marina in front of the Bayside's Project Location can only be used as a "for rent" marina for private recreational boats and have no more than 10 slips (those currently in existence). From what BCYC has been informed by Bayside of its proposed redevelopment plans for its marina, Bayside does not intend to maintain these slips as "for rent" slips, but to sell them to the buyers of the proposed lots after resubdivision. This would be a direct violation of the specific restrictions in the CC&R's. BCYC and its members have been the sole renters of the 10 slips in Bayside's marina prior to the sale of the same by The Irvine Company. Also, there are currently common utilities servicing the Bayside slips that run from both The Irvine Company and BCYC's marinas. BCYC therefore seeks enforcement of the CC&R's to continue the Bayside marina as a "for rent" marina and as a 1.0 slip marina for rental by its members. BCYC has also unsuccessfully expressed to Bayside an interest in acquiring the Bayside marina either by purchase or long term lease arrangement in order to protect and preserve its use by its members and to assure against encroachment on the water and pedestrian access to its marina. 5. If the City of Newport Beach and the Coastal Commission are nevertheless Marine Department City of Newport Beach December 15, 1995 Page 4 inclined to approve a redevelopment of Bayside's marina to provide three (3) slips for the proposed lots, Bayside should not be allowed to construct the two end slips with outside "fingers" extending from the bulkheads. This would avoid the side tie problems for access to both BCYC's slips to the south and the Irvine Company's slips to the north of the Bayside marina (see "Modified Concept Layout" attached hereto as Exhibit 1W), This new slip configuration with a double finger, middle slip (No. 2 on the Modified Concept Layout) and two side tie slips (Nos. 1 and 3 on the Modified Concept Layout) would effectively eliminate the problem of encroachment into the slip access needed by BCYC and the Irvine Company and the policing requirements to enforce prohibitions against the same. Pedestrian access across the bulkhead would also have to be preserved. (BCYC members renting from The Irvine Company marina use that access to BCYC facilities.) If your agency needs any further information and/or wishes to meet or have further input from the undersigned or the officers of BCYC, please feel free to contact the undersigned. Thank you for your consideration of the above and our position on this matter. Very truly yours, I 7NTHONY J 7VE�NT� AJV:Ih Enclosure cc: Commodore Doug Mills Vice Commodore James Ensign Rear Commodore Don Cole General Manager Tim Bakels BUYERS' NAME(S) BAYSIDEF LLC MAILING ADDRESS 1711 Westcliff Dr. #BF Newport Beach C APPROVED 0Y: DATE OCHD El No -o COUN�14 \y/B Y'1L]fl� 'i PUBLIC WORKSyt5T5ii�2 DEPT. ESCROW Q INSPECTION EGIAL CONDITIONSi THIS PERMIT THE MUNICIPAL CODE. ADDRESS OF FACILITY: & W-ips) 1401 Bayside Dr/ c, BYTHE CITY OF NEWPORT BEACH, CALIF 713 my Bayside LLC BUYERS' NAMES) TO BE TYPED) WR FORM 141013 "mV. NAME ADDRESS OF PROPOSED FACILITY / I y�'T�p PERMIT A S wI,_l ✓ L' M \ 51 /02 /yp� -� lMILIN E55 0 �II c/� DRQ r,• f V TELE �N/O�. `/�' �f FEE CHECK NO. DA�J APPROVED BY: O TE APPLICATION IS HEREBY MAGE FOR A HARBOR PERMIT TO OCHD D CONSTRUCPREVISE A ENGR r-1AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES All THE ATTACHED DRAWING COUNCIL BY COMPANY PUBLIC WORKS ❑ DATED, DEPT. ❑ I�— ESCROW DATE INSPECTDN III URE SPECIAL CONDITIONS: CITY OF NEWPORT BEACH, CALIF. WN FORM 681010 CITY 'DF NEWPORT BE. ' CH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 December 20, 1995 Richard Dick & Associates 1711 Westcliff Drive ----- Re: Dock Inspection, 1401 Bayside Drive, Permit 104-1401 Dear Mr. Dick: The City of Newport Beach Marine Division has received a request to inspect the property located at 1401 Bayside Drive, Newport Beach. The facility was inspected on December 19 and 20, 1995. We cannot transfer the pier permit until the following deficiency has been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: Electrical The water service on the dock must be bonded. Fire i ahtina Ei�i �nm n 1. Should the permittee decide to reconfigure the docks (Revision Permit), while commercially zoned, the Fire Department connection to the dock stand pipe must be brought street side and an additional hose cabined installed. If you need additional information regarding the electrical requirements, please call Building Inspector Ray Baltera, at 644- 3261. For further information regarding the Fire Department Requirements, call Inspector Russ Cheeks, at 644-3107. 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. All deficiencies must be corrected prior to transfer of the permit." Sincere es Armand Harbor Inspector ` 3300 Newport Boulevard, Newport Beach July 25, 1995 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Sainick & Cote' Attorneys at Law 190 Newport Center Drive, lst Floor Newport Beach, CA 92660 Re: Harbor Permit Bayward of 1401 Bayside Dear Sirs: As we discussed by telephone on July 17, 1995, there are several issues regarding the docks bayward of this property that must be resolved before the docks can be transferred. Please contact me at your earliest convenience so these matters can be discussed and addressed. I can be reached at (714) 644-3044. Very Truly Yours, Tony elum Deputy Chief 3300 Newport Boulevard, Newport Beach • , • Y•SY•1.. J•.�'= :l'1, ` .'• .lbs. CASHEAS500ATES ' .. .:r' X71 •.,A.�' -�: {'_' _ t tAlra7�l.�y . rti%:�oj I 25' 70G7 4) 7S:1 I :1D71L� o� 4� 1 5-IP¢5j 171- i° `} . _... - !- �o.vCF�7" �•4y� eau?"--�i� ('L RECORDING REQUESTED BY: DOC u 95-0265476 1 tar t>✓ 1 EXHIBITIL 23—JUN-1995 092+00 AM Recorded in Official Records CHICAGO TITLE COMPANY of Orange County, California Ouy L. Ormille, Clerk4ocorder Page I of 9 Fees: $ 58.00 WHEN RECORDED MAIL TO Tax: KND'111AII7T)MSTATEMENTS-TOS BAYSIDE, LLC ' 1711 Westcliff Drive Newport Beach, CA 92660 -.Attn: Mr. Richard Dick MAIL TAx STATEMENTS To ADDUU A{on YAR AaDVL TlDa LM reit LaronDWS LTL Order No.823662-4 Esc. No. E951602 -MW DOCUMENTARY TRANSFER TAX$ 2.090.00 xxx Computed on full value of property conveyed; or Computed on full value less the value of the liens or / encumbrane" thereon remaining u time of We D Ylie,-Wn ACSE c�rLGo( 7- Sqd D=hnW MArae lax. F"r K. Sq r GRANT DEED C� FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE IRVINE COMPANY, a Michigan corporation, dba Irvine Land Management ("Grantor"), hereby grants to BAYSIDE, LLC, a California limited liability company ("Grantee"), the real property (the "Property") described on EXHIBIT A attached hereto and incorporated herein by this reference. EXCEPTING AND RESERVING UNTO GRANTOR, Its successors and assigns together with the right to grant and transfer all or a portion of the same, as follows: A. All oil, oil rights, minerals, mineral rights, natural gas rights and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the foregoing, that may be within or under the Property, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from said Property or any other land, including the right to whipstock or directionally drill and mine from lands other than the Property, oil or gas wells, tunnels and shafts into, through or across the subsurface of the Property, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines without, however, the right to drill, mine, store, explore or operate through the surface or the upper 500 feet of the subsurface of the Property. MAIL TAX STATEMENTS AS DIRECTED ABOVE �Ii.��4RNUl.n'AYr, v. IW! Iml iD.W I 1 tar t>✓ 1 EXHIBITIL �..? _1 B. Any and all water, water rights or intereststherein appurteWt of Milling to the Prope}Sy or owned or used by Grantor in connection with or with respect to the Property (no matter how acquired by Grantocl,.whathaa suelvwatec diihteslull.bacigaciaq»ovalyittQ,aQRroQclative, littoral, percolating, prescriptive, adjudicated, statutory or contractual, together with the right and power to ex(Aote, brit, redrill, remove and store the same from or in the Property or to divert or otherwise utilize such water, rights or interests on any other property owned or leased by Grantor; but without, however any right to enter upon the surface of the Property In the exercise of such rights. Such rights rewved in this Paragraph B do not include any rights to the waters of Newport Bay or any other rights relating to the C. Permanent nonexclusive easements and rights In gross over, across and through those portions of the waters of Newport Bay adjacent to the Property which are not improved with a boat dock and appurtenant improvements as of the date hereof, for the movement of boats and equipment to and from boat docks and appurtenant Improvements adjacent to the Property. D. The right to place on, under or across the Property, underground transmission lines and other facilities for a community antenna television system and thereafter to own and convey such lines and facilities, and the right to enter upon the Property to service, maintain, repair, reconstruct and replace said lines and facilities; provided, however, that the exercise of such rights shall not unreasonably interfere with Grantee's reasonable use and enjoyment of the Property. E. Permanent nonexclusive easements in gross on, over, under and across that portion of the Property within fifteen (15) feet of any property line bordering on and parallel to any public or private street for the installation, emplacement, operation and maintenance of electric, gas, telephone, cable television, water, sanitary sewer lines, drainage facilities or any other utilities. F. Permanent nonexclusive easements in gross on, over and under those portions of the Property, if any, upon or in which as of the date hereof there are located any electric, gas, telephone, cable television, water, sanitary sewer lines, drainage facilities or any other utilities, serving other land, for the purpose of operation, maintenance, repair or replacement of such utility facilities. SUBJECT TO 1. Genera) and special taxes and assessments for the current fiscal tax year and any and all non -delinquent bonds and/or assessments; 2. That certain Declaration of Special Land Use Restrictions, Right of First Refusal and Mortgage Lien recorded concurrently herewith and incorporated herein by this reference; 3. That certain Lease Assignment, Assumption and Release Agreement executed by Grantor and Grantee, recorded concurrently herewith, and the "Ground Lease" described in such Lease Assignment, Assumption and Release Agreement; 4. The requirement that the "Ground Lease" (as described in said Lease Assignment, Assumption and Release Agreement) shall not, in any event, merge into the fee interest in the Property which is transferred pursuant to this Grant Deed so long as (a) there exists any leasehold mortgage, deed of trust or similar encumbrance agairst the leasehold estate under the Ground lease, which mortgage, deed of trust or encumbrance was created prior to the recordation of this Grant Deed or (b) any sum is owed to Grantor under that certain Deed of Trust and Assignment of Rents between Grantee, as Trustor, and Grantor, as Beneficiary, recording concurrently herewith or the Secured Promissory Note secured III,L4u^f11D1.lEIJ<. a, iw! hal b7" 2 a w r+ tht req gw h1ch 7DeM al Trust •anti 'W'rgnmemnff lungs w*.%gmwr 4Rv=i%ioq Nose W= g yen by Grantee to Grantor as a portion of the purchase price for the Property); and 5. All other .covenants, conditions, restrictions, reservations, rights, rights-cif-way, easements, dedications, offers of dedications and other matters of record or apparent. 6. The following covenants, conditions, rights and restrictions (collectively, the "Marina CC&R's") which shall remain in full force and effect in perpetuity unless terminated or modified as hereinafter provided. (a) Ohlleation to Maintain Boat Access, As of the date hereof, there is located In -the waters of the Newport Bay adjacent to the Property a "Marina" (as defined in subparagraph 7(a) below), including, among other things, slips fol ten (10) recreational vessels. There are also boat docs Land marinas located adjacent to the properties Immediately to the Northwest of :he Property and immediately to the Southeast of the Property (the "Adjacent Marinas"). The adjacent property to the Northwest is Lot 5 of Tract No. 3232 in the City of Newport Beach, County of Orange, as shown on a map recorded in Book 99, Pages 49 and 50 inclusive, of Miscellaneous Maps in the Office of the County Recorder of said County and the adjacent property to the Southeast Is Lot D of Tract 6927 In die City of Newport Beach, County of Orange, State of California as shown on a map recorded in Book 265, Pages 17 and 18, inclusive, in the Office of the County Recorder of said County (collectively, the "Benefitted Property"). That portion of the Newport Bay which is not as of the date hereof occupied by the Marina is used for maneuvering boats into and out of the slips in the Marina and the Adjacent Marina. Buyer shall not permit any alteration of the Marina and shall not permit any vessel to be tied or attached to such Marina which would unreasonably interfere with access of other recreational vessels into and out of the Adjacent Marinas. (b) Obligation to Maintain Pedesirian Access. Grantee shall maintain and allow pedestrian access over and across the headwalk, walkways and gangways constituting a part of the Marina for purposes of access to and from the Adjacent Marinas; provided, however, that nothing herein shall prevent Grantee from performing such repairs, maintenance and reconstruction of the Marina as Grantee deems necessary and from temporarily diverting or restricting pedestrian access during such work. 7. The following special covenants, conditions and restrictions (collectively, the "Special CC&R's") which shall remain in full force and effect in perpetuity unless terminated or modified as hereinafter provided. - - (a) Bulkhead. By its acceptance of this Grant Deed, Grantee, for itself and its successors and assigns, releases and discharges Grantor from, and waives all claims against Grantor for, any and all liabilities, losses, claims, damages, and costs due to or arising out of any defect in (I) the bulkhead wall located on the waterfront of the Property and all systems, tie rods, panels, caps (whether consisting of concrete, metal, wood or other materials), caissons, rock fill, tie -back anchor blocks, railings and other components thereof or relating thereto (collectively, the "Bulkhead"), (ii) the marina located in Newport Harbor adjacent to the Property, including, without limitation, ail floats, mooring slips, docks, piers, decking, pilings, pontoons, gangways, headwalks, waikways and other improvements. relating thereto (collectively, the "Marina"), or (iii) any other improvements on or constituting a part of the Property. (b) Cable Television. Grantee, at its own expense, agrees to pre -wire and install a complete cable television system ("CATV") for each residential dwelling unit constructed on the Property which is designated and intended for human occupancy (a "Residence") in accordance with specifications m _v�ttlAO1.lITM+. ). Iw} i41 ■pY, ' 1 eti o.l edby Grantee by Community Cablevislon Company and its successors and assigns ("CCC') turd AM Install on the Property whatever other CATV facilities as are necessary to bring CATV services to each Residence on the Property, It is expressly understood that such system including all components thereof as so installed, shall become the property of CCC, without the payment of any consideration therefor, and that Grantee shall execute and deliver to CCC upon demand a bill of sale for such system in the for- provided by CCC in accordance-with-the-provision-so-this-par-agraph=Grantee-shall-resery -a nersJlip— of such system in any grant deed covering the Property or any such Residence, such reservation to be in the form provided or approved by CCC. Grantor and Grantee acknowledges that CCC is a third party beneficiary of requirements and covenants set forth in this Paragraph 8 with the right to enforce the same, 8. Qther Provisions, The foregoing Marina CC&R's and Special CC&R's (collectively, the "CC&R's") shall be subject to the following additional provisions: (a) C=Cral Purnmsx and Constructive Note, The Marina CC&R's are hereby declared and agreed to be covenants running with the Property and equitable servitudes, and shall run with the Property and be binding upon Grantee and all successors and assigns, and shall benefit the Benefitted Property and be enforceable by the owner(s) of the Benefitted Property. It is intended that the dominant tenement shall be all of the Benefitted Property, and that the servient tenement shall be the Property. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to this instrument is contained in the instrument by which such person acquired an interest in the Property. For purposes of these CC&R's, "Grantee" shall mean the Grantee identified above and each and every successor, assign, lessee, licensee or other occupant during Its ownership or occupancy of the Property or any portion thereof or interest therein, as the context may require. (h) Default and Remedies. In the event of any breach, violation or failure to perform or satisfy any of the CC&R's which has not been cured within 30 days after written notice to do so, or if such default cannot be cured within such time, then if such cure is rot then being diligently pursued to completion (but such cure must be effected no later than 90 days from such written notice), the parry intended to be benefitted thereby at its sole option and discretion may enforce any one or more of the following remedies or any other rights or remedies to which such party may be entitled by law or equity, whether or not set forth herein. All remedies provided herein or by law or equity shall be cumulative and not exclusive. es. Such rty ay bring a suit for damages le breach of or noncompliance with any of the CC&R's, otr declaratory relief to determine the enforceabilany ity of any of the CC&R's. (ii) Eauity. It is recognized that a violation by Grantee of one or more of the foregoing Marina CC&R's may cause the owner of the Benefitted Property to suffer material irreparable effects on the use of the Adjacent Marinas, and that such parties shall be entitled to bring an action in equity or otherwise for specific performance to enforce compliance with the CC&R's or an injunc;i^n to enjoin the continuances of any such breach or violation thereof whether or not Grantor exercises any other remedy. Similarly, it is recognized that a violation of the Special CC&R's as to the CATV facilities may cause CCC to suffer material irreparable harm, and that CCC shall be entitled to bring an action in equity or otherwise for specific performance to enforce compliance with such Special CC&R's. III _V\S"IYpI.hT1�, v, IoW 101 irYJF dr D..1 ;;;•. Gtt) Aha�te=. Any such breach or violation of the Marina CCdcR's or any /Etiled ionhereof is hereby declared to be mtisance, andtheowner($)ofthe Benefitted Propertyshall lx to prosecute any remedy allowed by law or equity for the abatement of such nuisance against any n or entity acting or failing to act in person having possession under Grantee, or failure to enforce any of the CC&R's shall be construed or held to be 2 siva ofanysuucceeand edding or preceding breach of the same or any other of the CC&R's. No waiver of any breach or default of Grantee hereunder shall be implied from any omission to take any action on account of such breach or default if such breach or default persists or is repeated, and no express waiver shall affect a breach or default other than as specified in said waiver. The consent, waiver or approval to or of any act by Grantee requiring such consent or approval shall not be deemed subsequent similar acts by Grantee. No waiver, consent or approval, by the owner of one Benefitted Property as to the Adjacent Marina located i adjacent thereto shall affect the rights of the owner of the other Benefitted Property under the Marina CC&R's. (d) Costs of Enforcement' nfor emn r, In the event any legal or equitable action or proceeding shall be instituted to enforce any provision of this instrument, the party Prevailing be entitled to recover from the losing party all of its costs, including court costs and reasonable attorneys! fees. (e) Rights of Lenders. No breach or violation of the CC&R's shall defeat or render invalid the lien of any mortgage, deed of trust or similar instrument securing a loan made in good faith and for value with respect to the purchase, development or permanent financing of the Property or any Portion thereof; provided, that all of the CUR'S shall be binding upon and effective against any subsequent owner of the Property or portion thereof whose title is acquired by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise pursuant to such lien rights, but such subsequent owner shall take title free and clear of any liability for violations by Grantee of the CC&R's occurring prior to such transfer of title. (0 Severability. If the Property is subdivided, then the CUR'S shall apply separately as to each parcel into which the Property has been divided, and no owner of such a parcel shall be liable or responsible for the actions (including any violations of these CC&R's) of any owner of the other parcels. (g) Termination or Amendment. The CC&R's may be validly terminated, amended, modified or extended, in whole or in part, only by recordation with the Orange County Recorder of a Proper instrument duly executed and acknowledged by Grantor to that effect. (h) fW i t • The captions used herein are for convenience only and are not a part of this instrument and do not in any way limit or amplify the scope or intent of the terms and provisions hereof. (t) lualidiU'_Qf Provision. If any provision of this Instrument as applied to Grantor or Grantee or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way effect (to the maximum extent permissible by law) any other provision under circumstances different from those adjudicated by the court, or the validity of enforceability of this instrument as a whole. S 101 ►,i1, /La to the contrary In thisment,ifGrantorrany thne ager the due , the CC&R,sshRetwrder of a notice of ationexecuted by Grantor cease and terminate and be of no fthfor effect as to Gratnorch property, effective as of the due of such recordation. IN WITNESS WHEREOF, Grantor has executed this Grant Deed u of the Ifay of f 1995. .THE IRVINE COMPANY, a Michigan corporal' , dba Irvine Management By: G . Chick C. Willene, President, Irvine land Management, a division ofIleIrvine Company By: k �n4 R. Cavanaugh, A istant Secretary e.Irvine Company � APPS 'Grantor" c� A ...PIAN Grantee, by execution of this Instrument, hereby accepts the grant of the Property upon the conditions and reservations stated in this Grant Deed and agrees for itself and its successors and assigns to perform all of the obligations of Grantee herein. BAYSIDE, LLC, a Califo=rxr By;mf t and Dick, Pember L eta _ Tru D/T Dated 1/30/89 By: es Le a bei Trus Grantee" III._4�SCIJlUI./FIUw Y, IM o 6 OI �LL r. 6 73 STATE OF CALIFORi ) MdorR=0ct7 COUNTY OF ss. li vn r nni r y! r r L/ , oerare me, t 7 r t !'> /, z tt pubIle in and for the said state, personally appeared ��5 ('�jrh A Insert name(s) and title(s) personally known to me (or 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/shelthey executed the same in his/her/their authorized capacity(ies), and that by hider/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: My Commission Expires: 3— STATE OF CALIFfN1A, ) COUNTY OF�� ) ss. On �i�h before me, T /1 CN i/ a notary public in and for the said state, personally appeared r Insert name(s) and title(s) personally known to me (or 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/shelthey 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. WITNESS my hand official seal. Signature:�1 q My Commission Expires: > " 3i' l — i 1.01 :f1.. tl STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On June 20, 1995, before me, Cynthia M. Ptak, a Notary Public, personally appeared Chick C. Willette, President and James R. Cavanaugh, Assistant Secretary personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to that they executed the same in their authorized capacity and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. r---------------------t CYNTHIA M. PTAK esh t COMM. #10'11180 TCWNOTA"P %X-CA1JVIAA ORAWE COUNr1Y nhYm Extra Da. C, IN? t i DESCRTPTION OF THE PROPERTY That certain real property in the City of Newport Beach, County of Orange, State of California described as: Lot 6 of Tract 3232 in the City of Newport Beach, County of Orange, m shown on a map recorded in Book 99, Pages 49 and 50 inclusive, of Miscellaneous Maps in the Office of the County Recorder of said County. EXHIBIT A to Grant Deed 111=M1111JiD1.IkTlr, V. 1>Y 8 W1 bre � DIIIIA RECORDING REQUESTED BY: CHICAGO TITLE COMPANY WHEN RECORDED MAIL TO: THE IRVINE COMPANY c/o Irvine Land Management 550 Newport Center Drive, 7th Floor Newport Beach, CA 92660 Attention: Lee Milligan Ordrr No. 823662-4 Esc. No. E II I .�WMND:.R 0. IM I r� 3 i cF i. Doc # 23—JUN-1995. 08:00 AM l Recorded in Officlal Records f of Oranse County, California Garr L. Granville, Clerk -Recorder e . see_l_of JJ—Feed! lI7.CC '- Tax: 1 0.00 WAM ANOVE TM Ura MR ItCORM-2 LU 33 h 3 i cF i. I V \ 1 i� TABLE OF CONTENTS ' Article 1. GENERAL PROVISIONS , , , , , , , , , 1 • , , , • • • ' . • .. . , h 1.1 BBuyer's Renresentatlo s and Warrantlea 1 ;S " 1.2 Statement of Declarani's General Pumoses 2 ; 1.3 Definition Article 2. SPECIFIC RESTRICTIONS 3 a 2.1 Residential and Marina 1s ' 2.2 Enforcement of Ground Lease ............ . ................... 3 2.3 Removal of Encroachments .............. . ................... 4 Article 3. GENERAL RESTRICTIONS . , , , , , , 3.1 New Improvements 3.2 Time for Annrovals....................................... 5 3.3 General Maintenance ...................................... 6 3.4 Restoratio , .. , . , , , . , 6 3.5 Compliance with Law ..................................... 6 += 3.6 ................................................ 6 3.7 Landscaping .......... . .... . ........................... 6 3.8 Prohibited Onerations and Uses ............................... " 6 Article 4, DECLARANT NOT LIABLE ................................ 8 'l Article 5. DECLARANT'S RIGHT OF FIRST REFUSAL ..................... 9 Article 6. REMEDIES ............................................ 9 6.1 Default and General Remedies ... 9 6.2 Inspwion ............................................. 12 6.3 Payment of Additional Purchase Price ...... . ........... • ...... , • 12 6.4 Waiver ............................................... 14 yr 6.5 Costs of Enforcement ...................................... 14-��- 6.6 Riehts of Lenders ........................................ 14 6.7 Advances .............................................. 14 6.8 Waiver of Jury Trial ...................................... 14 Article 7. SUBORDINATION ........................... . .. . ........ 15 Article 8. GENERALPROVISIONS , , , , , , 16 8.1 Unavoidable Delay ....................................... 8.2 Covenants to Run with the Property: Tenn ............ • • • • , • . • • • • • 16 i 8.3 Assignment by Declarant ................................... 17 8.4 Amendments .......................................... 17 8.5 Release .............................................. 17 8.6 Notices...........................0.................. 17 Y 8.7 Governing Law ......................................... 18 8.8 Severability ............................................ 18 i f•.. 8.9 caltion` Is 9.10 FaimAmM........................................ R.kl 18 8,12 .................. .................... Lmuf_LWW It 8,13 No Waiver hXjadCMakM Is .................................. 18 EXHIBIT A Benefitted Property EXHIBIT B Permitted Use EXHIBIT C Subordination Agreement Tal a'" M.4.W. THIS DECLARATION OF SPECIAL LAND USE RESTRIC I NS, RIGHT OF FIRST REFUSAL AND MORTGAGE LIEN (this'Declaralion') Is made as of 1993 by and between THE IRVINE. COMPANY„ a. W 4i w m�nntina &I I xiw. Land WMAVOML VrDeclaranV), and BAYSIDE, LLC, a CaNtlomia limited liability company ("Buyer'), with reference to the following facts: A. Buyer is acquiring from Declarant the following described real property (the 'Land') situated in the City of Newport Beach, County of Orange, State of California: Lot 6 of Tract 3232 in the City of Newport Beach, County of Orange, as shown on a map recorded in Book 99, Pages 49 and 50 inclusive, of Miscellaneous Maps in the Office of the County Recorder of said County. Together with all improvements now or hereafter constructed thereon or attached or appurtenant thereto, including but not limited to the "Marina" and the "Bulkhead" (as those terms are described blow). The Land, together with said improvements, is sometimes hereinafter referred to collectively as the "Properly." B, In connection with such acquisition, Buyer has represented to Declarant that it is acquiring the Property to develop and use the same in accordance with the covenants, conditions, rights, restrictions and limitations as particularly set forth herein (collectively referred to as the "Restrictions"), and Declarant is selling the Property to Buyer on the basis of Buyer's continuing compliance with such Restrictions. NOW, THEREFORE, in consideration of the foregoing (ncluding the sale of the Property by Declarant to Buyer), and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: 'la al- t •t9 .a.t BUYER REPRESENTS AND WARRANTS TO DECLARANT THAT BUYER IS ACQUIRING THE PROPERTY TO DEVELOP AND USE THE SAME IN COMPLIANCE WITH THE RESTRICTIONS SET FORTH HEREIN AND FOR THE PARTICULAR USES AND PURPOSES AUTHORIZED HEREBY. BUYER ACKNOWLEDGES, AMONG OTHER THINGS, THAT: (s)THE ORIGINAL PURCHASE PRICE PAID BY BUYER FOR THE PROPERTY REFLECTS THE LIMITATIONS ON USE REFERRED TO HEREIN; AND (b) THE PROPERTY WOULD HAVE A SUBSTANTIALLY HIGHER VALUE IF IT WERE TO BE SOLD UNENCUMBERED BY THE RESTRJCTIONS SET FORTH HEREIN, FOR ANY USE PERMITTED UNDER APPLICABLE ZOi:ING ORDINANCES IN EFFECT FROM TIME TO TIME. BUT FOR SUCH REPRESENTATIONS BY BUYER, DECLARANT WOULD NOT HA VE SOLD THE PROPERTY TO BUYER, BUT WOULD HAVE RETAINED THE BENEFITS OF OWNERSHIP, INCLUDING FUTURE APPRECIATION OF THE PROPERTY. ON THE BASIS I I L=vm"M.4701.. 9. 1w. 101 aa.tt. D.rr. OF SUCH REPRESENTATIONS AND WARRANTIES, DECLARANT is WILLING TO SELL THE PROPERTY TO BUYER. 1,2 Statement of Declarant's General Pumoses. Declsrant'is the owner of a large and unique landholding, part of which has been developed as a master -planned community now Incorporated as the cities of Newport Beach, Irvine and Tustin and the unincorporated territory of the County of ate.hameg dne dl im6 n>t wvaeM,%d mfi, art the. clw. delineation of use areas, together with the strict exercise of architectural and occupancy controls over individual construction projects, so as to ensure the harmonious growth and development of such communities and the maximization of the value of Deciarant's remaining landholdings. In addition to those general concerns, it is vitally important to Declarant that the intensity to time elects to sell to third parties. Should the development limitations imposed by Declarant be exceeded, the roadways and the infrastructure improvements servicing the City of N: wport Beach (the "City") and neighboring communities and it environs could be overutilized, resulting in undesirabletraffic congestion and housing and/or commercial imbalances within the City. Such conditions could in turn adversely affect the ability of Declarant to develop and use its remaining landholdings, including without limitation the "Benefitted Property" as defined below. It is to promote these purposes that this Declaration is made, and it is the intention of the parties that it will be in furtherance of said purposes that the Restrictions, and all other declarations supplemental hereto, will be understood and construed. 1.3 Definitions. As used herein, the following terms shall have the meanings given to 'hem below: (a) "Benefitted Property" shall mean all real property in Orange County, California which Declarant currently owns, including, without limitation the real property described on EXHIBIT A attached hereto and which Declarant continues to own at the time of enforcement of the applicable Restrictions. Declarant shall have the right by a duly recorded amendment hereto to unilaterally substitute for or add to the Benefitted Property described on EXHIBIT A any real property in Orange County, California which Declarant owns as of the date of this Declaration and continues to own through and after the date of si:ch substitution or addition. The Benefitted Property shall be the dominant tenement and the Property shall be the servient tenement for purposes of this Declaration. (b) "Bulkhead" shall mean the bulkhead wall on the waterfront of the Land, and all systems, tie rods, panels and caps (whether consisting of concrete, metal, wood or other materials), caissons, rock fill, tie -back anchor blocks, railings and other components thereof or relating thereto. The Bulkhead includes any portion thereof which lies outside the Land. (c) "Buyer" shall mean the Buyer identified above and each and every successor, assign, owner, lessee, licensee or other occupant of the Property, or any portion thereof or interest therein, and each of them, during their ownership or occupancy thereof. However, such term shall not include any person having an interest in all or any portion of the Property merely as security for the performance of an obligation. Without limiting the generality of the foregoing, if Buyer leases all or any of its interest in the Property, both the lessor and lessee under such lease shall be responsible as principals (and not sureties) for compliance with all the terms and provisions of this Declaration. nt.�v+u+tr_rtr�.. a. ,o"f tnt wr+r (d) "Declarant" shall mean The In.— "" above and its successors, assigns or designees who shall assume the obligation and to specifically assign In writing the right to enforce these Restrictions, Section entitled 'Assignment by Declarant.' A^ "WJK%afo*'liar.D.tMis.Dedsw.tonthattbe.the daMdals, Declaration is recorded In the offieiei,veoords of Orange County, California. (f) "Ground Lease" shall mean (i) that certain Ground Lease dated December 16, 1957, as amended by Amendment No. I to Ground Lease dated December 15, 1984, Amendmem No. 2 to Ground Lease dated April 16, 1985 and Amendment No. 3 to Ground Lease dated September limited partnership, as lessee. : i•. (g) "Marina" shall mean the improvements consisting of floats, mooring slips, docks, piers, decking, pilings, pontoons, gangways, headwalks, walkways and other improvements used in operation of a marina on, attached to or in connection with the Property. Tire "Marina" shall not include any building, room or similar improvement located on the land side of the Bulkhead. (h) "Restrictions" shall mean each and every covenant, condition, restriction, reservation, limitation or other provision of this Declaration. (i) "Visible Improvements" shall be those Improvements, Including landscaping, on the Property which are visible from any public street, sidewalks adjacent to the Property, adjacent property or the waterways of Newport Bay. The violation of any of the following specific use limitations shall, at Declarant's option, constitute a default hereunder and a breach of the Restrictions, which shalt entitle Declarant to exercise any of the rights and remedies set forth below. 2.1 Residential and Marina Use. The Property shalt be used only for the purposes described in EXHIBIT B attached hereto and incorporated herein by this reference, and for no other purpose whatsoever. 2.2 Enforcement of Ground Lease. The violation and failure to remedy after notice and opportunity to so cure of any of the following obligations or limitations prior to the 'Ground Lease Expiration Date" (as hereinafter defined) shall, at Declarant's option, constitute a default hereunder and a breach of the Restrictions, which shall entitle Declarant to exercise any of the rights and remedies set forth below. (a) No Amendment, Buyer shall not In any material respect amend or modify the Ground Lease without the prior written consent of Declarant. Buyer shall not in any event (a) extend the term of the Ground Lease, (ii) amend or modify Paragraph 6 (Use of Premises) of the Ground Lease (the "Use Provisions"), or (iii) consent to any use under the Ground Leases except those uses specifically permitted under this Declaration. For purposes of this paragraph, "material respect' shall mean any modification which would permit or consent to any action or condition inconsistent with the Restrictions contained in this Declaration. Buyer shall promptly. deliver to Declararu any amendment to or modification of the Ground Lease. Nothing in this paragraph shall prelude or restrict Buyer after the I I I.`.Sa3M1l\P..IFTFr a. M 1. Al'j rot wr. a. U. i bF when recorded at the expense of Buyer, will entitle Declarant to the notices prescribed by said Section 2924b. The first such recordable Instrument requested by Buyer shall be executed by Declarant free of charge upon the satisfaction of the above conditions. Thereafter Declarant may at its of each subsequent recordable instrument. Article 8. GENERAL PROVISIONS. 8.1 Unavoidable Delav. Any prevention, delay or stoppage in any work as provided for in this Declaration caused by strikes, lockouts, actions or Inaction of governmental bodies or public utility companies, acts of God, war, riots, civil insurrection, court injunction, inclement weather or other force of elements, inability to obtain labor or materials or reasonable substitutes therefor, or other similar matters or causes (excluding financial inability) beyond the reasonable control of Buyer, shall extend the time within which this Declaration requires certain acts to he performed for a period or periods equal to any period of such prevention, delay or stoppage, but not to exceed in the aggregate one year; provided, however, that nothing in this Section shall excuse the prompt payment of any and all amounts due from Buyer to Declarant as required herein or the performance df any act rendered difficult solely because of the financial condition of Buyer. Without limiting the generality of the foregoing, in no event shall Buyer's inability to obtain construction or permanent financing for development of the Property, or a portion thereof, constitute an unavoidable delay pursuant to this Section. Furthermore, in no event, shall any extension of any period of time be deemed to have occurred unless Buyer shall have given written notice to Declarant within fifteen (15) days following any such delay, setting'forth the facts giving rise to such extension; and provided further that the period of time for exercise of Declarant's rights shall be commensurately extended. 8.2 Covenants to Rin with the property: Term. (a) Covenants to Run With the Prone , The Property shall be held, developed, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the Restrictions set forth in this Declaration. The Restrictions are for the benefit of the Benefitted Property and are intended and shall be construed as covenants and conditions running with and binding the Property and equitable servitudes upon the Property and every part thereof. Furthermore, all and each of the Restrictions shall be binding upon and burden all persons having or acquiring any right, title or interest in the Property, or any part thereof, and their successors and assigns, and shall inure to the benefit of the Benefitted Property and the owners of the Benefitted Property, their successors and assigns, and shall be enforceable by Declarant and its successors and assigns, all upon the terms, provisions and conditions set forth herein. Of the terms including Declarant's "Enforcement I=. All (as described in Article 7 nd abo e) shs set all terminain this te sixty (60) Years from the Effective Date hereof; provided, however, that (f) as to any breach of the Restrictions which occurs during the applicability of such Restriction, if Declarant commences a legal action to pursue its remedy based on such breach prior to the expiration of the applicable Statute of Limitations and Declarant thereafter diligently prosecutes its action, then the provisions hereof relating to such remedy and such action shall survive until such action is finally adjudicated (including appeals), and (if) so l as ong (A) Buyer is not then in default under the Restrictions, (B) Buyer has removed the encroachments described in Section 2.3, and (C) Buyer has subdivided the Land into 3 or more single family residential lots, then Developer shall release and reconvey this Declaration as to each such single family residential III-�1WIg02h]Us a, Iw} L I,01 Yi„i4 a or partial exercise of such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege, No provision of this Declaration may be changed, waived, discharged or terminated except by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. written above. "DECLARANT" THE IRVINE COMPANY, a Michigan corporation, dba Irvine Land Man ent By: Chick C. Willette, President, Irvine Land Management, a division of The Irvine Company By, Jaes R. Cavanaugh, Ass' rant Secretary q?, e Irvine Company �� PPPy 0 "BUYER" BAYSIDE, LLC, a California limited liability company L am'tly,�r at U/D/' Dated 1/30/89 By; ames Lee Mem - stee 19 o.w.� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose s 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 i person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. } • WITNESS my hand d official seal. µ�aetd%+w Signal ture;yAble— OWE ytppil. My Commission Expires: 3-3/42 W STATE OF CALIFOR IA COUNTY OFJEs n61-° On lq �, before me, in and for the said state, personally appeared ss. [insert name(s) and title(s)] personally known to me (or 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. WITNESS my hand ry' official seal. Signature: My Commission Expires: I l 1.1`t' iM'U]•hJJw. V. IW.. r�. 20 lot rn+ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On June 20, 1995, before me, Cynthia M. Ptak, a Notary Public, personally appeared Chick C, Willette, President and James R. Cavanaugh, Assistant Secretary personally known _to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. r---------------------1 CYNTHIA M. PTAK i igm. COMM. #1011180 f ROTARY 7UFLlC•CM1FCtYiA ORANGECOUNW L — _ !M U&M"m Ex*" Oea 0, 1907 1 I I K PERMITTED USE � Residential Use. That portion of the Property described as Lot 6 of Tract 3232 shall be used solely for residential use and for no other use whatsoever. Marina• That portion of the Property described as the Marina shall be used solely for the operation of a *for rent" marina for recreational boats and yachts which are privately owned and maintained for personal use only and having not more than ten (10) slips and for incidental improvements and activities customarily related thereto. EXHIBIT B to Declaration of Special Restrictions n i _ M1t R.YDJ.1}N.� s, iw} lot Myo. lw CASH EAOMTE5 I 9 -895- 14) 7�/ Gan DoT . �• ' �' } xr? [,. 1. ... .� X4vnr:�T _r oT I ,3: . . ` of -�� v:_ , �- dJJ • _ • `� .. ; . • ' 23 23 � . • 23. • .. .. r . _• . r ' . .. • . ' ... •75.'1'1 ' CYC n x 0 D c'i 0�� x Ap: co A yinryd✓D yaD yJ✓'y I _� l �� I n �� RICHARD DICK -u-i &ASSOCIATES November 13, 1995 City of Newport Beach TONY MELUM, DEPUTY CHIEF P.O. Box 1768 Newport Beach, CA. 92658-8915 RE: Permit for Marina at 1401 Bayside Drive, Corona Del Mar, CA. Dear Tony: Please find enclosed a long over due map delineating the frontage of the bulkhead of our property. We have extended the lines out, however, I'm not certain of what the U5 project line dimension is. I presume you can complete this drawing with that information. Please keep in mind this is merely a temporary use of this marina in as much as we are planning on developing the property in a configuration that most likely will have docks for either one or three vessels in front of individual residences. A11 of the tenants of the dock are or will be Bahia Corinthian Yacht Club members with facilities adjacent and Irvine will continue to provide access and parking as long as we are running the marina as it is now configured or until existing buildings are demolished. We are not interested obviously in finalizing a thirty-five year lease as you suggested. Thank you very much for your service in processing this for Bayside LLC. r 2_M/l enclosure: Map 1711 Westcliff Drive, Newport Beach, California 92660 (714) 642-6515, FAX: (714) 631-8813 A'la�-ine Consulting &Design !� � Go/tn'yPL/� /� 1-r 71- /S - tis -9s�U.r.>C= D ,� r 1s'� L��v &a7, " %�L S/ST.yiyC L— 3 ,✓�LLdGv/i1QLG =d /41S X 22/ ODDpSz �� !� Com, X133 J" # ZZ� P/Z- c . /,,& / q G, Zd� l�lL L l •'� %oTTO" 71q7 G /3arre�-1/4 /�F J�� N orAL /ZL s 1< 7-/4 G L I�LGOl,fl/f gG c- h =w' /4-7-r/2// L LO//L 3S 75'S 92)0«U# ! h, ,# �-�1613 S3812 , Exp. 03/31/01. n. L OF Marine Consulting & Design ssv�-�liU� 70' ee), 4 rS /V .s S ' `/ Uz 4 /L --I . /s u 70r'� /s use boa xis /S xSDJ-L�X�S�,-2970 Ly/ CZ # -7L 2 Z o 2 r ClV7'20/O /1 Tr 5Z -/ref K Z' t , QROFESS/O VV CC S3812 ; }� 94l 0 �< 3�� Exp. 03/31/01, a n. SOF C Marine Consulting & Design PA91 ly-2-! 6�i� yStp� �e2 risti Iof� �= y 8s pcD,U re;,alu c' r"o C.9 -1-C . 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'. /ice' rl% '/ / � �„l /).. ,'_5i _� i .. r. �. ! #•fir- 51 4' 4_ t r � y. 1 L�l 2 i J i `,, I s • �C.YIP! # ✓t�".J.#r� !`..rrfT, `''% ��: "�' it '`U'✓i�xrL Al m2 r _. ....4,; . r r _ 7 REVIEWED BY PURria WORKS, DEPARTMEN1 , �v ___ .... —. _ _ . _.. . _._ _f DATE WORK SHALLBE C4 _. €PZ k"'C'ORD �S�£.S Wl s H THE /. s'�'n37° rc.6'.s S v i".+..:'•: i 'da f :^a"E; Ri�¢?:irt. lh an' s 5TRUQT3Qf4 AND 6, &hi%;'i aaTY mspiunba, CA ii >wv r �, k' i` ,'sur` „—r t Alt Mao 4-70 � fry t so Aw 0 yox. b 7p r J �. I�7ft - , 1 L 3 A . , .�= - - �i, VL 1304 7-9 a iP z _�� .� l��rr_:-. �!✓• j/� � r..,;i�,fa�l �t ("r?j•,l`� � I� � _l f # ;( u, s� Vq ti x !� SA 2 DRAWN HY iEETN6 GATE MARINE CONSULTINGDESIGN o �14,01. 3,24 FL hC7ENA AVENUE NEWPORT BEACH, CA 9256 ET ECALIF. h FFA 7�4 64.2 — 22D6 I pt '