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HomeMy WebLinkAbout133-0094POST DREDGING COMPLETION REPORT 11,oK"� The permittee shall send one (1) copy of the post -dredging report for each completed individual dredging project to the Corps and the CCC documenting compliance with all general and special conditions defined in this permit. The post -dredging report shall be sent within 45 days after completion of the complete individual dredging project authorized in this permit. The post -dredging report shall include the following information for the completed individual dredging project: Permit Number: 13 3 - 9 3 Start Date: 1 / 13 / 0 4 Completion Date: 2 / 11 / 0 4 Total dredged material to Beach: (to Sea (LA3):) 1,000 cubic yards Total acreage impacted: Mode of dredging and transportation, and method and frequency of disposal: hydraulic suction pumped into dump barge barge towed to L.A. 3 and dumped Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to the LA-3 ocean disposal site. USCG Contact: ( Yes) No Form of dredged material: Slurry Cohesive Procedure and location where the disposal barge or scow was washed: barge was dumped clean at L.A. # A certified report from the dredging site inspector and the captain of any tug or other vessel used to transport and dispose of dredged material at LA-3 indicating all general and special permit conditions were met. Any violations of the permit shall be explained in detail. All conditioning permits were met: ( Yes ) No Post -project surveys of Eelgrass beds potentially affected by the dredging: there was no eelgrass before dredging started The post -dredging report shall be signed by a duly authorized representative of the permittee. The permittee's representative shall make the following certification: I certifij under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting fal ' formation, inalud' t possibility of fine and imprisonment for knowing violations. Sign ' re Lorenzo C. Miller, Vice President t f Permit # 3 3-9 �4 . � DREDGING PERMIT STATUS Comments/Date Action Completed Permit Received Eelgrass Inspection c/ Sent to Agencies / 1/ 4 10 3 From Corps /0 -f) From Coastal 7 / -7 lo,3 Notified OK to Dredge -711 7 1p 3 Not Approved Completion Report Comments: 4'S��NT OF d� C~�FO ST97E5 OF p31'44`4REPLY TO Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 July 14, 2003 City of Newport Beach Harbor Resources Division Attention: Tom Rossmiller PO Box 1768 Newport Beach, California 92658-8915 Dear Mr. Rossmiller: This is in reply to your recent applications for Department of the Army Permits to conduct maintenance dredging, per Regional General Permit No. 54 in Newport Bay, Newport Beach, Orange County, California. This letter authorizes maintenance dredging at three sites within Newport Bay (see below). USACE Base # City Harbor Permit # - Site Address Volume (cubic yards) Area (sf, est.) Beach Disposal (cubic yards) Ocean Disposal (cubic yards) 200300477 133-93 93-94 Linda Isle 1000 5700 0 1000 200301129 172-853 853 Via Lido Soud 230 3285 0 230 200301294 133-92 92 Linda Isle 627 2640 0 627 Totals 1857 11625 0 1857 Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54. As long as you comply with the general permit conditions of RGP No. 54, an :individual _permit is. not required_. This letter of verification is valid until July 24, 2005, when RGP No. 54 will expire. A general permit does not grant any property rights exclusive privileges. Also, it -2- does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. Thank you for participating in our regulatory program. If you have any questions, please contact Corice J. Farrar of my staff at (213) 452-3296. Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch Enclosure STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office ` 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 July 7, 2003 (562)590-5071 Mr. Tom Rossmiller City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Condition Compliance — Coastal Development Permit 5-99-282, as amended & Conformance with Consistency Certification CC-078-99 & CC-077-01 Dear Mr. Rossmiller: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-99-282, as amended, and/or as evidence of conformance with Consistency Certifications CC-078-99 or CC-077-01 for the following sites in the City of Newport Beach: Q> City Harbor Site Address Beach Ocean Cumulative Permit.# Disposal Disposal Total* for Qtj Qtyt (cu.yds) 2002 cu. ds 1='3 93-94 Linda Isle 0 1000 133-92 0 627 . 172-853 853 Via Lido Soud 0 230 113-507 507 W. Edgewater Ave 350 0 Sub -total 350 1857 Year-to-date total 1367 2857 1 4224 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certifications CC-078-99 and/or CC-077-01 and that no further federal consistency review is necessary from the Commission for the dredging components of the projects. In addition, the proposed beach disposal events have been reviewed and found by the Executive Director to be consistent with Special Conditions 1-3 and 9-12 of Coastal Development Permit 5-99-282, as amended. No further review is necessary from the Commission for the beach disposal components of the projects. Please be advised that only the projects described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC-078-99 and CC-077-01 and/or conform with the terms and conditions of Coastal Development, Permit 5-99-282, as amended. Any change in the projects may cause them to lose their status as consistent with CC-078-99 and CC-077-01 and/or CDP 5-99-282, as amended. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC-078-99 and CC-077-01 and/or CDP 5-99- 282, as amended, is obtained. If you have . ny questions, please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200 Sincerer Nan 6cnwing - Coastal Program Analyst Cc: Mr. James Raives, California Coastal Commission Ms. Cori Farrar, U.S. Army Corps of Engineers Not to Exceed 500 cubic yards per dredging and beach disposal event t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event $ Not to Exceed 20,000 cubic yards per year STATE OF CALIFORNIA GRAY DAVIS, Governor CALIFORNIA STATE LANDS COMMISSION 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202./_ PAUL ©. THAYER, Executive Officer (916) 574-1800 FAX (916) 574-1810 play Service From TDD Phone 1-800-735-2922 from Voice Phone 1-800-735-2929 Contact Phone: (916) 574-0234 Contact FAX. • (916) 574-1324 Mr. Karl Schwing me mer: 03D 2003-05-23.1 / G09-02 California Coastal Commission 200 Oceangate, 10th Floor Long Beach, CA 90802 RE: Dredging Project at the 92, 93, and 94 Linda Isle, Newport Beach Dear Mr. Schwing: This is in response to your recent request for a determination by the State Lands Commission (CSLC) whether it asserts a sovereign title interest in the property that the subject project will occupy and whether it asserts that the project will intrude into an area that is subject to the public easement in navigable waters. The facts pertaining to the proposed project, as we understand them, are these: The project includes the proposal to dredge up to 500 cubic yards per individual site. Because dredged material is unsuitable for beach replenishment, it"will be disposed of at the United States Army Corps of Engineers approved offshore disposal site LA-3. This project is part of a larger project in which the City of Newport Beach, in cooperation with the County of Orange, is working with the Resources Agencies to establish a Regional General Permit for maintenance dredging of not more than 20,000 cubic yards per year of sediment beneath public, private, and commercial dock structures. The United States Army Corps of Engineers (in cooperation with the U.S. Fish and Wildlife Service, National Marine Fisheries, California Cepartm ent of Fish and Game, U.S. Environmental Protection Agency and the U.S. Coast Guard) has issued Regional General Permit (RGP) 54 for the proposed project. The California Coastal Commission (CCC) has issued California Development Permit 5-99-282, amended by 5-99-282-A1, consistent with RGP 54 and the California Regional Water Quality Control Board — Santa Ana Region has issued a waiver of waste discharge requirements and a water quality certification for the proposed project. The subject parcels are located within Rancho San Joaquin, landward of the adjudicated mean high tide line along the shore of Newport Bay as set forth in Orange County V. The Irvine Company, Orange County Superior Court Case Number 20436 (1926). The waterway at the three -parcel site is an artificial, navigable and tidal waterway cut from Rancho San Joaquin. Accordingly, the CSLC presently asserts no CITY OF NPORT BEACH FIRE MARINE DEPARTMENT HARBOR PERMIT k►PPLICATION (Please print all information) Douglas Liechty 93 Linda Isle, Newport Beach 1. Appp cant (Property owner) Address (949) 675-1134 93-94 Linda Isle, Newport Beach Telephone 2 Pjt *ddf (street Address) H rbor Permit Number 3. New Construction R®vision Maintenance Dredging X 4. Foo $423.00 10142 12/10/02 D. Liechty Check No.Date 1/09/03 Shellmaker Inc 5. Erlivi Deacripgon of Proposed Work: maintenance dredging 6. Subrtlift a 112" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2)• Locaton of bulkhead, pierhead and project lines. 3). Location of property lines. 4). Lcoation of channel markers within 200 feet 5). Lot sixes and lot numbers, if available. 6). Existing ground profile beneath proposed structure. 7). E`avabon of top and bottom of bulkheads and piles with respect to M.L.L.W. 8)• Atea and profile of any proposed dredging with elevations showing depths with respect of M.L. L.W. g). tiny special conditions affecting the construction or afffecting boating operations., 10).Ci;,mplete all information require_ d in infbmmfll` n block, bottom of sheet. Note that the OWNER: of the property Is the applicant. e 11). Drawing size shall be a - 112" x 1 ill, 12). Scale shall be adequate to Clearly' show the above infbrmation. 13). EAsdng structures shall be shown in light dashes. New work shall be shown in heavy solid lines. 7. OW`` -aulider Declaration must be cornplet®d (on reverse side of this sheet) 8. p ,r. ret'siftent'a Signature: C+ Jan 9 Date: 2003 ,Joh'4 Parma SIgndture (N applicable Date: 9' WO;Fk can min once the City has received evidence of the following additional approvals and you have been not led to pr'pceed, ff ,you begin prior to the notice you will be in violation of the Newport 8each Mu; rtcip l Ccde are subje&I to panalties . 1(. YOW POrmit will not be fines until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFF IC8 UaE ONLY '3 Approvai In Concept. Approval of the City of Newport Beach Council_ Date Approvai of the Army Corps of Engineers Date �— Approval of th® California Coastal Commission. Date --� approval of the City's Public Works Department. Date Date Approvsi of the City's Building. Department. Date ^� Approval of County of Orange. —� Eioctri s and/or plumbing permit (Building Department) Date Date i �uod. (Farm t in aftraped drawing) Date e Ine'l'u on. (call -3043 for appointment) Date �i-Ia��sYlon Condi eta: Date -- PERMIT NO. 45r3-/7.j____ DREDGING APPLICATION Project Location: 93-94 Linda Isle, Newport Beach N 330 36.888' W 1170 54.205' Latitude/ Longitude: Cubic Yards to be Dredged: 1,000 cubic yards Method of Dredging: hydraulic suction Nature of Dredged Material (Grain size data): report enclosed Disposition of Dredged Material: haul to sea and dump Method of Material Disposition: barge to sea at L . A . 1, w Latitude 33' 31'4211N, Longitude 117' 54'48" W Effect of Dredging on Contiguous Bulkheading and Beaches: none Will schedule project as soon as we receive permit. Project Begins: Project Ends 1,Lorenzo C. Miller (Applicant/Applicant's agent), hereby certify that-I,havc read Hic U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commi.5sion p(�rmit #5-99-282 for maintenance dredging in NewportHarbor and that I will comply with all of the conditions of those permits. I will further hold the City harmless from and indemnify them against any claim for damages arising out of the exercise of these permits. In addition, I,&'� thu applicant shall reimburse the City of Newport Beach for all attorney's fees and other costa expended by them in defending any claim, lawsuit, or judgement arising out of the activi tics of the applicant carried on under the authority of such permit. Douglas Liechty Applicant - Please Print Jana 9, 2003 Date Shellmaker Inc. 42 Contractor - Plea, r nt Signed: e C ' _._ .. Applicant/Agent 1, ACOE Permit No., F WQCB Order or Cert. No.) Hydrographic System: (bay, estuary, lagoon, or harbor) CA 10 0 �— Specific Location: (UTM, Lat./Long., datum, accuracy level, attach electronic survey area map if possible) Was Caulerpa Yes, Caulerpa was found at this site and Detected: (if Caulerpa i,�found, please has been contacted on date. immediately contact the permitting agency project staff and NMFS or CDFG No, Caulerpa was not found at this site. personnel identified above) Description of PermittedrieWork: (describe bfly the work to i be conducted at the site t under the permits identified J above) Description of Site: Depth range: (describe the physical and biological conditions within the survey area at the time of / i , the survey and provide insight into variability, if known. Please provide units for all numerical information). Su bstrate typ : � ;> Temperature;j Salinity: Dominant flora: Dominant fauna: Exotic species encountered; Other site description notes; Description of Survey Survey date Effort: and time (please desdribe the surveys eriod: conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. orizontal visibility in 3 to water; Survey type and methods: , i �5 tA CA ` o Lb uo 7F Survey ersonnel: 01' urveyensity: r Survey limitations: LA r-'N p �, k Y'1 04 - Vt's---6l-i-, 40CI (5-1-N 1,f'OtnYN- Other Information: (use this space to provide any additi6nal information or references to attached materials such as maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.0, 9/18/01) Caulema Eradication in Southern California o Southwest Region Home Page December 20, 2002 Our Project K02.081.00 SUBJECT: Phi Grain Size Test Result for the Soil Sample Obtained from the Liechty Property at 92, 93 & 94 Linda Isle -Drive, Newport Beach, California. Dear Ms. Miller: Presented herewith are the results of our grain size analysis performed on the soil samples provided to us by your firm. The test procedures were in accordance with ASTM D422-63 (1998) and U.S. Army Corp of Engineers Report Number CETA 79-7 criteria. Please do not hesitate to call if you have any questions after you have reviewed the attached data. Respectfully submitted, -9044ala. -ee g- NO. H. �! Reviewed by: i 4 ��✓ m0. 0 David H. Lee Karen Masterson �c Project Engineer EXP''3 Geotechnical Engineer f OF CpL1F�� Attachments: Plate 1 -- Grain ary Plate 2 -- Cumulative Grain Size Distribution PHI Units Distribution: Addressee (1) llOhlasrvlserver datalPROJEGTSV<02.081.00V(02.081.00 Phi Grain Size Letter.wpd Sieve Opening Particle Diameter in U.S. Standard % Material Cumulative Percent (mm) Phi Units Sieve Size Retained by Weight Retained ----------------------5.25-------- 38.1 ------- ---- 0.0 0.0 19 -4.25 3/4" 0.0 0.0 Gravel 9.5 -3.25 318" 0.3 0.3 4.75 -2.25 4 0.2 0.5 2.83 -1.50 7 0.1 0.6 2 -1.00 10 0.1 0.8 - ------------------- ---------------- 1.41-0.50 14 0.1 0 1 0.00 18 0.1 1.0 0.71 0.50 25 0.1 1.1 0.5 1.00 35 0.8 1.9 0.35 1.50 45 3.5 5.5 Sand 0.25 2.00 60 10.5 16.0 0.177 2.50 80 9.5 25.5 0.125 3.00 120 4.9 30.4 0.088 3.50 170 2.0 32.4 0.075 3.75 200 0.4 32.8 0.063 4.00 230 0.2 33.0 ----------------------------------------------------------- Silt-Clay <0.063 <4.00 <230 67.0 100 A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by Shellmaker. The sample consists of a Silty Clay to Clayey Silt (CL-ML): olive gray (5Y 4/2); humid to dry; scattered shells and shell fragments. The sample was obtained from the Liechty Property, 92, 93 & 94 Linda Isle Drive, Linda Isle, Newport Beach, California at a depth of -2.0 feet to -5.0 feet MLLW. David H. Lee &Associates, Inc. 23011 Moulton Parkway, Suite D-11 Laguna Hills, CA 92653 Telephone: 949-461-5690 Fax: 949-461-7901 PHI GRAINY SIZE SUMMARY i CLIENT: SHELLMAKER, INC. PROJECT: K02.081.00 DATE: December, 2002 PLATE 1 D1 u 1 LA 03/06/2003 09:15 Phillip, Cynthia Mar-05-03 02_05P Shellmakev Inc - Document ID: A6441601-40319 Page 949 548 5315 P_03 RISK DISCLAIMER This agreement for Risk_ Disclaimer, is made and entered into this 14 day of 2003, by Tom' ouC�yj.r f= -1.-� �rr�owner) in partial fulfillment of the Conditions of Approval of City of Newport Beach Fire Marine Department ("City') Harbor Permit Applications, as required by the California Coastal Commission ("Commission"). RECITALS - ` - • L-4 U+ T' e (owner) filed with the City, a Harbor Permit Application to obta n the permits necessary for maintenance dredging of material from 93 L - 4 v-./ Z as S LA _(address), City of Newport Beach, Orange County, which is located within the California_ Coastal Zone. (Dredged material to be hauled to sea and dumped)- B. The Commission has imposed various conditions upon its approval of the Harbor Permit Applications for the dredging. C. In compliance with the conditions imposed by the Commission, aw , L4 «� ` � $n V S- � Mj, , y(owner) hereby acknowledges an agrees as follows: COVENANTS RISK DISCLAIMER A. By acceptance of these Permits, . u.t , L+ �rz,. 4 (owner) acknowledges and agrees that the site may be subject to hazards from waves, erosion, and the like and that the dredging authorized by these Permits is not permanent but is temporary and does not provide long term protection. IN WITNESS WHEREOF, this Agreement above writ BY Owner ATTEiS Wtne has been executed the day and year first DOUGLAS C. LIECHTY ATTORNEY AT LAW 93 LINDA ISLE NEWPORT BEACH, CALIFORNIA 92660-7209 TELEPHONE 949/673-4733 7- /4,y,,,03 7 Vd}� �x�C7`�elA o -3 ok • - RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND TAX STATEMENTS TO: NAME Lee Sammis ADDRESS 94 Linda Isle STATEL Newport Beach, CA 92660 Title Order No. OR01 17152 Escrow No. 9469-O G Assessor's Parcel No. Date- Apri-I 4, 2002 Recorded In official Records, county or orange Darlene' Bloom, Interim Clerk -Recorder 11111111111111111111111111111111111111111111111111111110.00 2002040125109:17am 05/14/02 200 25 -GO2 3 0.00 0.00 0.00 0.00 4.00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE - GRANT DEED The undersigned declares that there is no documentary transfer tax. Thy property is located in the city of Newport Beach. ' F R A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LGS C. 5 4�11i6 and Joan H. Sammis, husband and wife as community property do hereby GRANT to Lee C. Sammis, Trustee of the L. and J. Sammis Revocable the following described real property in the City of County of Orange, State of California: LEGAL DESCRIPTION EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF , Zex� oan STATE OF CALIFO ^I COUNTY OF/il }SS. On before before me, the undersigned Notar ublyy'..c�in and for said State, personally appeared Led Sammis and Joan H. Sammis, personally known to me s to be the persons whose names are subscribed to the within Instrument and acknowiedged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity on behalf of which the persons acted, executed the instrument. WITNESS q and and official s al. L S I RY Trust UDT 5-26-89 Newport Beach , r � a � >,r�• .� . . ., Igna ur MAIL TAX STATEMENTS AS DIRECTED ABOVE SSSI 270A REV. 7194 ORDER NO. OR0117152 EXHIBIT]"A" PARCEL 1: LOT 94, OF TRACT NO. 4003, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 188, PAGE(S) 13 THROUGH 19, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, PARCEL 2: AN APPURTENANT NON-EXCLUSIVE EASEMENT FOR FISHING, NAVIGATION, COMMERCE AND ACCESS OVER THAT PORTION OF IRVINE'S SUBDIVISION_ , AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 88, OF MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ADJOINING SAID TRACT NO. 4003, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF LOT K, SAID TRACT NO. 4003, THAT IS DISTANT THEREON NORTH 640 46' 00" EAST 55.00 FEET FROM THE EASTERLY LINE OF LOT 107, SAID TRACT NO. 4003, THENCE NORTH 25° 14' 00" WEST 266.59 FEET PARALLEL WITH THE EASTERLY LINE OF SAID TRACT NO. 4003 TO A LINE THAT IS PARALLEL WITH AND 60.00 FEET NORTHERLY FROM THE NORTHERLY LINE OF SAID TRACT, THENCE SOUTH 87° 18' 31" WEST 888.47 FEET ALONG SAID PARALLEL LINE TO COURSE NO. 44, AS DESCRIBED IN PARCEL 1 IN A DEED TO THE COUNTY OF ORANGE RECORDED FEBRUARY 26, 1969 IN BOOK 8.885, PAGE 409, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 380 50' 34" EAST 133.59 FEET ALONG SAID COURSE TO THE MOST NORTHERN OF THE LINES DESIGNATED AS "PIERHEAD LINE" ON A MAP OF TRACT 5361 FILED IN BOOK 190, PAGE 47 AND 48, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 870 18' 31" EAST 577.69 FEET ALONG SAID PIERHEAD LINE TO THE BEGINNING OF A CURVE THEREIN AS SHOWN ON SAID MAP, SAID CURVE BEING CONCAVE SOUTHERLY HAVING A RADIUS OF 1,700 FEET; THENCE EASTERLY 295.68 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 90 57' 56" TO A LINE THAT IS PARALLEL WITH .AND 150.00 FEET EASTERLY OF THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 107; THENCE SOUTH 250 14' 00" SECONDS EAST 307.66 FEET ALONG SAID PARALLEL LINE TO THE NORTHERLY LINE OF SAID LOT K; THENCE SOUTH 640 46' 00" WEST 95.00 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. BUT ONLY TO THE EXTENT GRANTOR HAS A RIGHT, TITLE AND INTEREST IN AND TO SAID PARCEL 2. PARCEL 3: AN APPURTENANT EXCLUSIVE EASEMENT ON, OVER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY BOUNDED AS FOLLOWS: ON THE WEST BY THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF LOT 94, SAID TRACT NO. 4003; ON THE NORTH BY A LINE THAT IS PARALLEL WITH AND 60.00 FEET NORTHERLY FROM THE NORTHERLY LINE OF SAID LOT, ON THE EAST BY THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT; ON THE SOUTH BY THE NORTHERLY LINE OF SAID LOT. LEGAL DESCRIPTION CONTINUED ORDER NO. OR0117152 FOR THE PURPOSES OF ACCESS TO THE ABOVE ESCRIBED PARCELS 1 AND 2 AND FOR THE PURPOSES OF CONSTRUCTION, MAINTENANCE AND USE OF A PRIVATE!PIER AND FLOAT IN, UNDER OVER AND ACROSS SAID PARCEL 3, IN CONNECTION WITH AND AS INCIDENT TO ACCUPANCY OF SAID PARCEL 1, BUT ONLY TO THE EXTENT GRANTOR HAS A RIGHT, TITLE AND INTEREST IN AND TO SAID PARCEL 3. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND LYING BELOW A DEPTH OF 500. FEET FROM THE SURFACE THEREOF, BUT WITH NO RIGHT OF SURFACE ENTRY, IN DEED(S) RECORDED IN BOOK 12415, PAGE 997, OFFICIAL RECORDS, AND AS RESERVED 1N THE DEED RECORDED MAY 7, 1984 AS INSTRUMENT NO. 84-187447, OFFICIAL RECORDS 4 MAR-17-03 01;371"M FROM-5autland Title & E;rc m 949-453-1722 T-705 P-021/028 F-•319 tatttYl ba LfASi. gut HeEG�rdtidat thou, vestal f fCCf�GQTiTIFR Mr. & Hrs. DaUglats C. Liecht,Y FAO JAN 7 ISK 93 iLinda Isle Drtue A.M. Newport Deacb, Ch. 92660 0INtial Record$ orange County, Call(WO)a mAI4 TAtt sTATzmh° "C.Y9 ADDAmss ABOVS aif� oVe&"iemder REDO DINij REQU on bya THE IRVINE COMPANY THIS spACs PAit rtEcoRrysR�s WE THP Un+esn.srcNID cRAWFoR(S) ue..r,ARU(S) Tacummuf ltv IL'KA SItER TAX $579.70 PROP€sit• CONVIMED1 CE CONFUTSD 00 THE: COH51D rtATrM OR YAL119 Title or SALE. FOR A YAt<ChRhC CONSIDE18AT10N, Teci:f-Pt Of WhiCh IN 'ki"V�hbf "knowledAede TTuat Seryleas of Awerdca, %me.* a Celi,Ebrnis corpasatLeiai (it Trubba#1 amder Tvuft Ro. 7lLo1931�-jf0-3r jju�cfjjsor to Title YneurauCa and Trust Compattyp s CALIferttis torpormtionm aid Tgustee under T'trues go, 114_197."C�-2, and The 8rvise Ecoparty■ a michiBaft Garpar-atiou (togethar hprefaaaftet 1°arantor") Iseraby 04tAFi s 0, itDHGlaAs C- 1.tjEtHTY and J04 S. L.IECAtTY# huzbhnd and Wife* as faint tenants--_--_ (cogett+dx, if asocc t7un O►ap Ite'ra€naitcr "Uffamma") tixe EoiLY.oatit8p dffmcri40d MAY, pretipmrty in ttsm City of !$expert Zenith, rise Cnucsty of Orange, Stettv d►E s"siltortsiat EA%CV& tt k.artr 93y Lt[aGt Ito. 49D3r as gez asap Eit�ed in Dolt Your Palos 1.3 tbroush 19 lnclmlve. tRgaeeflsnaua Hava, La the DEfice aF cha County Pce,ovder 'It Orange CossntY. - - �•- PARCEL, 2s • AYE appillivMelai¢t norosux0lU0jT* - raaasaattt for ftehinty UavAgut:iano 61tomarc0 and atceaa over that porcrcLoa asd 1rul.tan°s subdivision, es per Imp f9.1.ed Ln D T, Pago so, Niacailansouo keriord "Pa, is the o ff i--a off the County Red'bt i1*9 of oxmviL� Counigy, majoloaing acid Tract Nos 4903, agmarlibam iaa roliam4l a wAuaoDy.��d vy Dapianing at: A poissrt on the NoEkhdtr17 litre of rot K, aai.d Trott No. 40230 Civet 1e dlar.Aast °-hereon Nortk 6046' 0b" Rest. 35„00 @opt: tkbm %be Eaetroaly Livia of Let 407'o amid Tract Xa. 40Q31 6hmnca itt tith 15o841Os' tfsstc 266.59 faot parallml ULM the zatliarly liaa of xdaid 'tract tlo4 4003 to a line that is parapet with and 60400 Twat Huyth'Arly fro® the W..tbarby limo of maid T740ty thanoa Routh M6301131" West 039.47 East along *Aid palvallial line to t:asaram W. 441 as da}aribcd III PA9441 t In e 'deed to the County of Csraa$a t.aordad Yiebrumry 16, 1969v In hook 0695B Pass .409, CgiLP-Lat Rseeeds 49 aatd CoVU*yi th$agei i;asrt'h .1aoA0'31A" sect: HAflt. TAX STATEHFNE3 AS DIRE&T6D 000E 1� 122144 I MAR- 17-03 01.51PM FROM-Sout!and Title & Escrow Ado-453-1722 T-T07 P•022/028 F-819 133,59 €ett slung BaL.i couran to flee MoSt. 1Wnt'th01W a€ thm WN48 deeignrted as °"Pierboad Linen on s MIKp of TC80e .5361 Wad is Beak 190, Pages 47 and $rya 13istaliaoa►vus itapab It, the offioe 04 tha Cooftty 'ROV91rdfir of 9414 0W'#nBs C6blltY1 thance north 676103116 Lost 577.69 feet atlostg $elect pterhoael Line to the boginains of a eal've tlrarair+ AS shoes on maid esapp avid tvcve belpg .renews Southerly havlaak e rndtu* of 1700.00 feet$ 01ance rAstarly 295.60 Beet along said autva t$areugis un sngia Of 90571566' to a line that to paratiei with and 150.00 feat samterly of the nos<thgrly prolmngation of the Ebatarly 'Meer of 6agd Lot 1071 thence South 25014 aOD" East 307.66 fiat along maid parallet line to t5ra Ntrtberly tine 4g s+id Lot %L' theesoe. Oa u h 640461410" 'West 95.00 feet aloo$ as€d tWortkerly Liana %v t'he paint of bugi,snlaa* but. only to the extent grantor ban a visht, iitta smd interest ita and to amid Parcel z, PARCU. 34 ho spps,rttnant aseelu,:lva eaxsOMP14t tars, over and &Croce two ptmniaea boundedt Ott the , heat by the 110rtharly pralouga lion of flee ifae!tarly x1nd of 1,vt S1, *Pill Tract. hu. 40031 on tba Worth bt a ling tUt .is 1parsllel with and 55.00 felt Roatthariy rroaa the 2ioa tteaxly lease of *mid Lot, On the EWat by the 4lortht,$ly PT010094tt014 Of the Seatsrly tint aE Maid Lott an the Sos►t}$ W 4he HOrtsaarlY Sias of vaid Lotp fat the pujpoaea of aortas t0 ti6e above ! $mace A1aa�d Percale 1 and 2a and For the purpose$ of _Qam$ru4tiowr aaait,taoonce and Mae of a private pier end float its, anddt'j oval &rid ervaaa said Farrel 91k iA ! aennd&tiop sr1kh and al lncidaut to eccupokna=y of said Paxaok to but only to t1tt; w4ti at Creator her a alght, titto and iasW:at&Ne In paid to Paid FArad S. L' RvS At4[A$CW: UM 42"W oR} frsr the bantfl,t of That Irvine G.asgpe'ef. a Ht.ahiSon Car- priratfoAy itA euteossars esed r►siaigse, tog,strer With ;he riOht to grant ands tsraras>fax ^11 or as portion of the aama8 A. Rtl oil, 041 rights, winerel-a, aalaarai lights, Vataarml lea r1obta, and athor hydse04�4tbona Ry vhatsoavor nsma known, geothermal stean a!e►d other 1t4th4V%%j. sosoutees we deEi4+ed ixs cal1f*cnia•-vnb1U. %sonuvese Code Seckiob 6903 at s„q.p hest: ,say be „Sthln or sunder the pordel■ Of fprid haveinahove desdribed, together tri.th the parlaatival rights of drllite6R, mjn4nz, explowit!eg and vpsra.ting thtseiowr slid Stoz&rg it rsud t■nawiag The mama from ashen land "mar easy other land, iaac&vding the right " +,aaalgataesk or dlaractiaomttir driii mind r4taas Erom iaadale other thou those heralnAbCv9 door-vt ud, rail or gas walls, kuenslss tmd shmftr $seta, 'th ouala or aitraas• the aubaurr#ee O€ the land haraiaaabava described. and to bottom' such iahipmt, eked ov dissetit<nally drX1141d Veil#, tuntlets and .shafts under &44 6e ftth Of beyond %he exterior linito ther;ofa aatd to radwilla rartuaeael, aqulp, aseln- tt,ln, repas.x, deapet► and *Varat4 ray aaatala a,stls cc rd Aas xitIM18t, ha"War, Cho rfisbt fro drttl, minor stare, explore and operate thYoush She surtaom or 1 the uppler 500 feet of the auhsasrface of maid larndl .� 7NWy4 KAS�P(7) MAR-lr-03 V 51PM FROM-Soutiand Title & Escrow 8as-453-i722 T-70T P-023/028 F-319 t■ t cept as eltaeeificaUy provided to the ebaltwdq elaovhare in this pa4,4. Any and at, ,aster, rights or tuterests thera$n, no matter dacu acquirad bg Graeca$or Of The Irvine rordpaay, and mined or used by drantar or The Ir+rinA Compatay In saanactlon With or with respect to the paroeta of Xandl havaiattbove daa-cribed, toga.ther with the, rlbl,t and power to tYane[es er ssaign to otherer to oxplerd, driLt, radrIll, ar-tilts and agora the mama from said land or to divalrt or otherwise Ut11im1e ouch eater, right* ar lnttre■ta oa any athsr graparty aa1►ed 'or Laaaed by lave."tax at Thw ;wine Coep■nl, phetber such veter rights shall be riparian, byarlyin$.- appropriative, Fwaseriptiva, Adjudicated, statutory or contractual{ but otthout, nouavacs *at right to enter ;span tha autfaea of said lard to the exerelve of such rightq. The reacr+lsttona In this par46raph are sot i Intended to Include littoral rLzbts or to decay cm prevaAt access by Orenteef frm said lot to tilt public waters of Veuport gg€bvr{ haasevhr, Rbe of *%V Publicly oMne4 or Pubilety controlled brateraay is elubjest to the rights. rule% and regulations of all governaantAl agencies having jurisdiction tdaareaYer 4 C. Sighta, licensee and easemmhtm avar the parcels of land harain- cheer described for gatiposaa as o+tt forth Leh the Deelacatieft of c:avtUantss CondltLoaa And Seott'tctLonss daacribod Galati, an Almar14'ad, Ali 4f which aza 8ne0lsporat6d herala bl rorterersce tie said Deelmrattoa With the "I" affej+t ad t1hae+gh fully met: forth herawtnt D. The right to emplace any updor or across the p#reels of land hexeta4ba°1e daw,4ic bad, tranamLaoion Linea and other facliitLef for a G691$ munity Antenna T61mviston $yat4m and theeeettor to ovn and ctgvay suth 1.1n6a sad facilitiaa and the right to enter upon said laud to mervIce, ®aintala, repast, t+stonatruct and -captace -*said Lures and fgc1litieal provided, bowevef'. that the exereia% 'of such right dare not unreasonably Interfere with Grantale°a reasonable use and enjoyment of said lands 4 E. Tile right, but ape tht er'hixgaSlan, to water upon the paccale of land hareinabove described for the PUVPaaa of lAndaciAtag and aulaatenanme oI: thA Lastdlaa+lgeimmg, on the slapaa of said land rxc,fpt much slopes as ws} be contiguous with anotheir lot or other lots in the tract within 1rhLoh said land is altu4te$, 1naLudIMS the inf<taLlAtIonr operation sad toaintenance of Irritation oyote,as and toatrolo Vart&Ebinit tkQTDt61 Pa 'flee ris+ht to grant Jena transfer all or aarf portion of tht rights ceaerved to Graatac ar The ltvina C64WLy. SIZE 'aFAL PRQPIIPI'iy $11ALL 11E CGNI►ZVV3 "AS IS" ARD SUBJECT i'01 - g. All taxes Aud aoaaaamemta levied satinst the Above dascrlbsad Parcel 1 and pmecel 31 u, in addition to %ha ta;Kes WA4 aaceasi*vRata described shelve, 1`t&ntR! Zh&11 pay aft taxer and aasasements that may be levied upon tar axacaee-LI againmt. the eater channel described if, parcel 2 abode, prorated in the pruparti,$n t1%*t the area or acid chnnual to the testae Chraraofr and lying betvasn the ematarIf nr aarscribed — thetharea of Lsoldkiprivat the shannrti ly$ g fMeattrlyv prasoutherly oft e thQ eeatar thereof I — C. As *Q Ppgesi a shoves the requirament Arid Cov000ut that any And ALL impravemanto law axlating or at aV time h%meaner made to,' ,A, over, andnx or *urosa said Parcal 8 shall be eaarstsuGtsd, sal atained mead head by Orsdtde At 43rantea's sole e4xpdnde, risk and responalbillty and Without AZY exPeNds ar liability of otont9g, and in eestrii;pea ulth any sxrd nit public lamas, 4rdiaasncea And reguiatleans appLieabte tbaresDI D. that sastato D!«t1.srst1on or 6oneena-nta1 toafttlosra orsd Restrittfou# — recorded an hogeist Id, 1471s in Sosk 977L, pagan 4as, official Reeoi:ds to the office 0 ague why $a further amended of from time to a?I k%p each Add ltCalifornia* ;kith are taxprxasly inevrpotatad hoxain by Rble zeforen&e sa theuglt sat Out Is le"ll ttttLlLy essomednts 8a sorvlca acre puzeala< of tatIA %sra%arpove 'det+:rLlredl aga4aa367t?i 1:/safes MAR-1;-03 01:571"M FROM-Sautland Title & Escrow 949-453-1722 T-707 P-OH/005F-321 F A11 Other daedA, iasada, iien43 covenants, Gvndition., restrte., then, re:a®rvations, rights, T10to-of-way, aneumb rour,6a, C0ataenta, and talc a other "hers me ahosert ors the bap(n) of maid Txaet(e), or of retard or opp&rant. IH WrITiRSS WHIERROV, said eorp,orations have caused their toxPorlits names and #6016 to be affixed hrrsCo ar6 unto duly anthvcised, d this inatrurnsnt to im exeoutad by their vEfiosPe th4ra- OATM _ Deceubber 5,Li991 ti. THC IRVIHB HP' a Hiehigs corpora •- ----a--•---®' Fjr � (.fir+' CH K C. Wi1LEi7 vre4ident r _ or FBAfias A. maoRc eeta ratairy Tru'et Sarvkcea of Amertea, Inc., a California cerpprstion, an Truatme ruder T"" Na. 71-1923-00-3, *a4ca4a0r to Title 1naura009 and Trust Company, a California corporation, as Trustee under 'Croat No. 1p,1923-00-2 v -me &Data seereta�"�isy STAXI! OF CALIFO[ RXA ) � COUMT OF ORANGE } as^ 6n this -� doy of �cmema *, • a in the ye'e signed, a V , hai4ra ffi*, the imder- Kats�* Fubli0 in and tar said State, persesnaliY •ppesirad C*7CK a WILL ■n peranaa y .M. to et4 tar proved to ee ors ttre ad a bE *Atlar'aCtacy bw daeea tea be the para6"4 Who executed the uitbin Instrument as vice president aqd Aaaiatant Seeittta'a}'r raaFactively, an h0b'Llf Of t1it corporation thegcin a�amad and &Cknto edged try eae that t1eQ corpaEp t9on exaeut&d its UXTHESE ins and fit i arbB. "�" aeu ++4 sv7 t 5&IIl1EO + �sM i�vnrx u lie in aald 9tote WON-, etrp A"a1&ri9{ STATR OF CAT.11?bRHAA ) — COUNTY 4F BRANGR ) ale, On thto12P� day of isc[nl in *lbAnod, Hate Public an and tow xa St the pbar Z baetase era, the nude~ persomai. a f►' Te - and ::.�..s per'eesnaaxy krtGUR ea sea ar grOy'ad" tv me the basia of He: 4toiy eYidafae to i be the persons who *xeeuted the W thin instrument an Hee $aeaident and Anaistank S"TetAry, realrec"Vely, en blubkXf Of the corporation thexsin EgmW and ac'knosl- �+ 'edged to n* that the iarporattO* executed it. "CBS hand and sert4iaal se^j, ----sw►sras. 04y .mot ° 41r_ r Pa ie In ilRrd pp ee ,Scat# wcr.,+e a w�pstsasr IYl:yee� MAR-IT-U OI,ZTPM FROM-5outland Title & Escrow M4M-03-11ZZ i-TU5 P.UU5/UZH �_ 4 s PidFHEga _�/rve 4 3- I9 h U S � � � � r•-� � � `,,.� Hoy A Y} ate / 0 V `n �sT at a•Yaw� � ,K„ 4 sue. `J �a Ij GA 4 a>1111 �,Olo ss bpi �, IC�I•,, L 1 03/06/2003 09:15 Phillips, Cynthia Document ID: A6441601-40319 Page: 4 Mar-05-03 02=05P Shi2llmaker Inc 949 548 5315 P.03 4 RISK DISCLAIMER 4TafgrreeTent for Risk Disc>m8r, is a and ntere i this day of 2003, by r (owner) in u fil ent of the Conditions Approval of it o ewport Beach Fire Marine Department ("City") Harbor Permit Applications, as required by the Califomia Coastal Commission ("Commission"). ` RECITALS `!/, 1140- eftnse sr A. (owner) filed with the City, a Harbor Perm"A-Vp li ti JiUMhh' p 5Ne ssa o aintenance dredging of material from 5 (address), City of Newport Beach, Orange Go u ,which is Iota ed wit, in the California Coastal Zone. (Dredged material to be hauled to sea and dumped). S. The Commission has imposed various conditions upon its approval of the Harbor Permit Applications for the dredging. C. In compliance with the conditions imposed by the Commission (owner) hereby acknowledges and agreeskllows: COVENANTS RISK DISCLAIMER A. By acceptance of these Permits, (owner) acknowledges and agrees that the si a may e . bje to azards r m waves, erosion, and the like and that the dredging authorized by these Permits is not permanent but is temporary and does not provide long term protection. IN WITNESS WHEREOF, t��j greement has been executed the day and year first above written. BY CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION From :L,-----=` ' In person Address:[ Telecon TO:w Div. SUBJECT: File: Dates, Outline of information received E-2A given /i >; _: hy t CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION From: f K��wr In person Address: Telecon TO -:— Div. SUBJECT: r Outline of Information received Z 14 Action Required File: Date: = given = Ir �e-wll Person Responsible, Date Due: CITE OF NEWPORT BEACH C% lippVk April 25, 1977 Mr. Lee Sammis 94 Linda Isle Newport Beach, CA 92660 Dear Mr. Sammis: On April 20, the Marine Department, in response to an inquiry, inspected your dock for conformance with Section 21 A of the City Council Harbor Permit Policies which reads as follows "Boats moored at private or public docks shall not extend beyond the projection of the property lines of the property to which the dock facility is connected in accordance with Section 20 C." Our check of your dock revealed that your vessel secured on a "dry dock" apparatus does not conform to the above section. Therefore you are hereby notified to bring your facility into compliance with the Policies. Should you have any questions, please contact me at 640-2156. Sincerely, - �'GlinVE . Wel den Tidelands Administrator GEW:11 City Hall * 3300 Newport Boulevard, Newport Beach, California 92663 I CITY OF NEWPORT BEACH HARBOR PERPMT PERMISSION IS HE£IEDY CPAHTRD To CoAdSTRUCT AND MAINTAIN THE FACILITY SHO'*'JN ON SHE t"EYlEOF AT THE SITE INDICATED, GURJEC T TO IMP-- PuGV 590N5 THE HARBOR PLR",:vS:T PG'I.I'CII: i OF I9'=='°dFIO RT BEACH Al'' ANY SPECIAL CONDUTId2NS LFSTt' :D HERfr,.0H. THIS V-fzRI'v IS NOT TI'.P.fiqsI"iriARLE- %=a+r'UNQ s `SIi'a dvssak'�b 7 �d? 3Wf:6-�I . THE CITY HARBaR COGI DUVATOR } C"y 'L RIGHTS GIVEN UNDER T.IHS FL" Ii€lu'T ARM PI;IeMNSSEV Gi AND THIS PLl:t HT IWAY UK REVfOjr.'""'dD BY 7HE CITY COWN -- IN ACCORDANCE WITH TITLE li OF TF.E MUNICePAL CU �. )i � CITY HARESUR C WW. s PERMIT NO. r DATE SPECIAL, CONDITIONSa Corps of Engineers Pernllt?"?- 2— Orange County Permit Other--J