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HomeMy WebLinkAboutAGENDA REPORT 2017 0621 CCSA REG ITEM 09C ITEM 9.C. CITY OF MOORPARK,CAUUFORNRA Cita Council Meeting of ACTION: , MOORPARK CITY COUNCILAGENDA REPORT REPORT TO: Honorable City Council FROM: Sean Corrigan, City Engineer/Public Works Director A4-- DATE: June 13, 2017 (CC Meeting of 6/21/2017) SUBJECT: Consider Acceptance of Right-of-Way Grant Deed and Temporary Construction Easement Agreement from National Ready Mixed Concrete Co. to the City of Moorpark BACKGROUND The project to widen Princeton Avenue requires additional right-of-way and a temporary construction easement from National Ready Mixed Concrete Co. (NRM). At its meeting of December 6, 2016 the Planning Commission approved Conditional Use Permit 2003-05 for the continued operation of NRM's concrete batch plant located at 13950 Princeton Avenue. Condition of Approval No. 11 of this permit includes a requirement that NRM dedicate right-of-way and a temporary construction easement for the Princeton Avenue Project. NRM has provided both documents for the City's acceptance and recording. DISCUSSION The dedication of right-of-way and easement are generally described as follows: Attachment Type Description 1 Grant Deed Variable width right-of-way along NRM's frontage Right-of-Way on Princeton Avenue, approximately, 20,403 square in Fee feet. 2 Temporary Variable width easement along NRM's frontage on Construction Princeton Avenue, approximately 24,115 square Easement feet required for construction activities associated Agreement with the widening of Princeton Avenue. 60 Honorable City Council June 21, 2017 Page 2 FISCAL IMPACT None. STAFF RECOMMENDATIONS 1. Accept the Grant Deed of Right-of-Way, authorize the City Manager to sign and the City Clerk to record the Certificate of Acceptance for said Grant Deed and the attachments thereto in the office of the Ventura County Recorder. 2. Approve the Temporary Construction Easement Agreement, authorize the City Manager to sign and the City Clerk to record said Agreement and the attachments thereto in the office of the Ventura County Recorder. Attachments: 1 — Grant Deed of Right-of-Way 2 — Temporary Construction Easement Agreement 61 S:\Public\Norks\Everyone\Reports\Staff Reports\2017\06_June106-21-2017(National Ready Mix deed and TCE).docx Attachment 1 Recording Requested by and when recorded return to: City of Moorpark 799 Moorpark Ave. Moorpark, California 93021 Attention: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel Nos. 512-0-160-0635 and 512-0-160-0755 [X] Portion Documentary Transfer Tax$0.00 This Instrument is for the benefit of the City of Moorpark and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees(Govt. Code§6103)and Documentary Transfer Tax(Rev. and Tax. Code§ 11922). GRANT DEED National Ready Mixed Concrete Co., a California corporation, successor by merger to Conejo Ready Mix, Inc., a California corporation (Grantor) is the record owner of that certain real property identified as Ventura County Tax Assessor's Parcel Numbers 512-0-160-0635 and 512-0-160-0755 (Grantor's Property). FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants in fee to the CITY OF MOORPARK, a municipal corporation, an approximate 20,403 square foot portion (Subject Property) of Grantor's Property for public street, drainage, utility purposes, and all uses necessary or convenient thereto in connection with the Princeton Avenue Roadway Improvement Plan (Project No. 8012). The 20,403 square foot fee Subject Property is described more particularly on Exhibit "A" and depicted on Exhibit "B" hereto with the label "Road Right-of-Way". Exhibits "A" and "B" are attached hereto and incorporated herein by this reference. The foregoing grant of real property is subject to non-delinquent taxes, all easements, covenants, conditions and restrictions and all matters of record affecting title to the Subject Property as of the date of said grant. -1- 12853.0019!2073781v1 62 IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date shown below: GRANTOR NATIONAL READY MIXED CONCRETE CO., a California corporation, successor by merger to CONEJO READY MIX, INC., a California corporation Dated: By: Tim Toland, President Dated: By: Dave 011is, Controller -2- 12853.0019/2073781v 2- 12853.0019/2073781v 1 6 3 Exhibit "A" EXHIBIT"A" LEGAL DESCRIPTION All that portion of Parcel A as described in Document No.2007-123849 of Official Records,in the City of Moorpark,County of Ventura,State of California,recorded in the Office of the County Recorder of said County,lying northwesterly of a line that is parallel with and 40 feet southeasterly,measured at right angle,from the following described line: Beginning at the westerly terminus of that certain course shown on the map recorded in Book 52,Pages 58 through 61,inclusive,of Records of Survey as"N87°17'49"E M&BASIS OF BEARINGS",being a point on the centerline of West Los Angeles Avenue as shown thereon,now known as Princeton Avenue; thence along said centerline 1st- North 87°46'51"East 816.13 feet to an angle point thereon;thence,continuing along said centerline, 2nd- North 71'36'08"East 397.26 feet;thence,leaving said centerline, 3rd- North 59°08'29"East 234.22 feet to the beginning of a tangent curve concave northwesterly having a radius of 458.96 feet;thence,along said curve, 4th- Northeasterly through a central angle of 24°39'22"an arc length of 197.50 feet;thence, 5th- North 3429'07"East 178.96 feet to the beginning of a curve concave southeasterly,having a radius of 504.95 feet;thence,along said curve, 6th- Northeasterly through a central angle of 3147'42"an arc length of 280.21 feet;thence, 7th- North 66°16'49"East 500.42 feet to the beginning of a curve concave southerly,having a radius of 700.00 feet;thence,along said curve, 8th- Easterly through a central angle of 24°12'17"an arc length of 295.72 feet. Containing an area of 20,403 square feet,more or less. All bearings and distances described herein are based on the California Coordinate System of 1983 (CCS83),Zone 5,2007.0 epoch. To obtain ground distances,multiply distances shown herein by 1.00006602. 001 0a a_ No.8552 41144' orCAL ila 55/7.417 64 Exhibit "B" e'51-436 -1101 55ba oR g11 Gy��S /f , Lb. 4.101 ,, ckc31' *43194; '* dile si%ey 1 ,CSV- F .40 4tte �y• 0 p, gel O a.•1" /4;/ , `` 00_ 'k+L „A"' \ ,,, /p4�`�` \ SCALE: 1"=100' I�I•l� n 0 ��100 200 300 $ by b0 / '/ 1 Q i ,Kpq` 1*+��+InROAD RIGHT-OF-WAY '� C� 66 F1� ti�![j (20,403 SQ. FT.) :� No.6652 (9`� \ TEMPORARY� STRUCTION EASEMENT (24,115 Q. FT.) & v L-: --22 / ys .5:/>.,—/zoi7 EXHIBIT "B" 5/15/2017 WO 18305.01 18305LEGL-100SCALE.dwg APN 512-0-160-635 & 755 65 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF VENTURA On before me, ,Notary Public personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity,and that by his/her/their signature(s)on the instrument the person(s),or the entity(ies)upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) RIGHT THUMBPRINT Signer's Name: OF SIGNER D Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 General O Attorney in Fact • ❑ Trustee ❑ Guardian or Conservator O Other: Signer is Representing: 66 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. STATE OF CALIFORNIA COUNTY OF VENTURA On before me, ,Notary Public personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity,and that by his/her/their signature(s)on the instrument the person(s),or the entity(ies)upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) RIGHT THUMBPRINT:- Signer's Name: OF SIGNER ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 General O Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer is Representing: 67 CITY OF MOORPARK Office of the City Clerk 799 Moorpark Ave. Moorpark, California 93021 CERTIFICATE OF ACCEPTANCE OF GRANT DEED (Govt. Code § 27281) (Assessor's Parcel Numbers 512-0-160-0635 and 512-0-160-0755) This is to certify that the attached Grant Deed, which grants to the City of Moorpark in fee an approximate 20,403 square foot portion of Assessor's Parcel Numbers 512-0-160-0635 and 512-0-160-0755 for public street, drainage, utility purposes, and all uses necessary and convenient thereto in connection with Princeton Avenue Roadway Improvement Plan (Project No. 8012) is hereby accepted under the authority of the City Council of the City of Moorpark and the City of Moorpark consents to the recordation thereof by its duly authorized officer. Dated: , 2017 CITY OF MOORPARK, a municipal corporation By: Steve Kueny, City Manager ATTEST: By: Maureen Benson, City Clerk APPROVED AS TO FORM: By: Kevin Ennis, City Attorney 68 Attachment 2 Recording Requested by and when recorded return to: City of Moorpark 799 Moorpark Ave. Moorpark, California 93021 Attention: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel Nos. 512-0-160-0635 and 512-0-160-0755 [X] Portion Documentary Transfer Tax$0.00 This Instrument is for the benefit of the City of Moorpark and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code§6103)and Documentary Transfer Tax(Rev. and Tax. Code§ 11922). TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Temporary Construction Easement Agreement (Agreement) is entered into by and between National Ready Mixed Concrete Co., a California corporation, successor by merger to Conejo Ready Mix, Inc., a California Corporation (Grantor) and the City of Moorpark, a municipal corporation (City or Grantee) and is effective on the date it is fully executed. Grantor and the City are referred to below collectively as the "Parties". This Agreement is based on the following facts, which are incorporated herein by this reference: A. Grantor is the record owner of that certain real property identified as Ventura County Tax Assessor's Parcel Numbers 512-0-160-0635 and 512-0-160-0755 (Grantor's Property). B. Consistent with City of Moorpark Planning Commission Resolution No. PC-2016- 615 (CUP), Grantor desires to grant to the City and the City desires to accept from Grantor an approximate 24,115 square foot Temporary Construction Easement on Grantor's Property to facilitate the City's construction of the public street improvements in connection with Princeton Avenue Roadway Improvement Plan (Project No. 8012), including but not limited to public street, retaining walls, curb, gutter, drainage, utilities, landscaping and related improvements. NOW, THEREFORE FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, Grantor and the City agree to the following: 1. Grant of 24,115 square foot Temporary Construction Easement. Grantor hereby grants to the City of Moorpark, a municipal corporation, (City) the approximate 24,115 square foot Temporary Construction Easement described more particularly on Exhibit "A" and depicted on Exhibit "B" hereto with the label "Temporary Construction Easement". Exhibits "A" and "B" are attached hereto and incorporated herein by this reference. 2. Term of Temporary Construction Easement. The City's right to use the Temporary Construction Easement shall commence on the date this Agreement is recorded in the official records of the County of Ventura (commencement date). The term of the Temporary 69 Construction Easement shall automatically terminate on the earlier of (i) the date that is five years after the commencement date, or (ii) the date the City records either a (a) Notice of Completion for the construction contract in connection with Project No. 8012 or (b) Notice of Termination of Temporary Construction Easement. In the event that the City delivers a written notice to Grantor per Condition #25 of the CUP that improvements along the Princeton Avenue frontage associated with Project No. 8012 have been completed, the City shall be required to record a Notice of Termination of Temporary Construction Easement within ten (10) days after the delivery of such written notice. 3. Scope of Temporary Construction Easement. The City will provide to Grantor written notice of the City's award of the construction contract for Princeton Avenue Roadway Improvement Plan (Project No. 8012) within ten business days of said award. The City is authorized to use the 24,115 square foot Temporary Construction Easement to facilitate the City's construction of the public street improvements in connection with Princeton Avenue Roadway Improvement Plan (Project No. 8012), including but not limited to public street, retaining walls, curb, gutter, drainage, utilities, landscaping and related improvements. Grantor expressly acknowledges that the Project will result in permanent minor changes to the grade and/or slope of the Temporary Construction Easement Area consistent with the street improvement plans for the Princeton Avenue Roadway Improvement Plan (Project No. 8012). 4. No Liens. The City agrees to keep the approximate 24,115 square foot Temporary Construction Easement free of any liens, including without limitation, liens by contractors, subcontractors, suppliers, engineers, architects, surveyors or others that may have lien rights for work arising out of the City's use of the Temporary Construction Easement in connection with the construction of Project No. 8012. If any such lien is filed on Grantor's Property in connection with the City's use of the Temporary Construction Easement, the City will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to the Grantor within 45 calendar days of receiving notice of the lien. If the City fails to remove the lien within such 45-day period, Grantor will have the right to remove the lien, and City, upon demand, will reimburse the Grantor for all reasonable costs and expenses, including without limitation reasonable attorney's fees incurred by Grantor in connection with such removal. 5. City's Obligations At End of Term. The City will replace, with material of like kind and quality, any improvements and/or landscaping that are damaged in the area of the 24,115 square foot Temporary Construction Easement in connection with the City's use of the Temporary Construction Easement for Project No. 8012. Further, upon the expiration of the term of the Temporary Construction Easement the City agrees to take such actions as reasonably necessary to evidence and give effect to the extinguishment of the Temporary Construction Easement and relinquishment of the City's rights and interests in the Temporary Construction Easement pursuant to this Agreement, including recording a Notice of Termination of Temporary Construction Easement. 6. Insurance & Indemnification. a. Insurance. Prior to entry onto the Temporary Construction Easement area, the City will cause the City's contractor for Project No. 8012 to procure and maintain a policy of commercial general liability insurance issued by an insurer reasonably satisfactory to the City covering the use by the City and the City's Designees with a single limit of liability of no less than five million dollars ($5,000,000) per occurrence for all covered losses and ten million dollars ($10,000,000) general aggregate. The City shall cause said contractor to provide a 70 certificate of insurance and copy of additional insured endorsement naming Grantor, the City and the City's officers, employees and agents as additional insured, evidencing that such insurance is in force and effect. Such insurance will be maintained in force throughout the term of this Temporary Construction Easement. b. Indemnification. The City will, and will cause its contractor for Project No. 8012, to indemnify, defend and hold Grantor and Grantor's officers, directors, employees, attorneys, managers, members, partners, affiliates, agents, successors and assigns (collectively, Grantor Parties) harmless from any and all liability for bodily injury, death and property damage arising out of the entry, access and use of the Temporary Construction Easement by the City, its contractor and designees in connection with the exercise of the City's rights under this Temporary Construction Easement Agreement, and will reimburse Grantor Parties for all reasonable costs, expenses and losses, including reasonable attorneys' fees, incurred by Grantor Parties in consequence of any claims, demands and causes of action that may be made or brought against Grantor Parties arising out of the entry on and use of the Temporary Construction Easement Area by the City, its contractors or the City's designees in connection with Project 8012, except for any claims, demands, causes of action for bodily injury, death and property damage caused by or resulting from the sole or active negligence or willful misconduct of Grantor. 7. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, by personal delivery, or by Federal Express. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with Federal Express. The Parties will address such notices as provided below or as may be amended by written notice: CITY: City of Moorpark 799 Moorpark Ave. Moorpark, California 93021 Attention: City Manager GRANTOR: National Ready Mixed Concrete Company 15821 Ventura Boulevard, Suite 475 Encino, California 91436 Attention: Dave 011is With a copy to: Jeffer Mangels Butler& Mitchell LLP 1900 Avenue of the Stars, 7th Floor Los Angeles, California 90067 Attention: William F. Capps, Esq. 8. Miscellaneous Provisions. a. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement shall be deemed to have been executed and delivered within the State of 71 California, and the rights and obligations of the Parties shall be governed by, and construed and enforced in accordance with, the laws of the State of California. b. Entire Agreement. This Agreement contains the entire agreement between Grantor and the City regarding the Temporary Construction Easement. No person is authorized to make, and by execution hereof Grantor and the City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein. c. Amendments. Any amendments to this Agreement will be effective only by a writing executed by all Parties to this Agreement. d. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto. e. Counterparts, Facsimile and Electronic Signatures. This Agreement may be executed in whole or in counterparts, which together shall constitute the entire Agreement. Facsimile or electronic signatures/counterparts to this Agreement shall be effective as if the original signed counterpart were delivered. f. Legal Representation. Each of the Parties acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed this Agreement after review by such independent counsel, or, if they were not so represented, said non-representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented; and, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of this Agreement. g. Attorneys' Fees. If either of the Parties hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other Party, the prevailing Party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees from the other Party. h. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. IN WITNESS WHEREOF, Grantor and the City have entered into this Agreement as of the date it is fully executed by the Parties. GRANTOR NATIONAL READY MIXED CONCRETE CO. a California corporation, successor by merger to CONEJO READY MIX, INC., a California corporation 72 Dated: By: Tim Toland, President Dated: By: Dave 011is, Controller APPROVED AS TO FORM: Jeffer Mangels Butler& Mitchell LLP By: William F. Capps GRANTEE CITY OF MOORPARK, a municipal corporation Dated: By: Steve Kueny, City Manager ATTEST: By: Maureen Benson, City Clerk APPROVED AS TO FORM: Richards, Watson & Gershon 73 By: Kevin Ennis, City Attorney 74 Exhibit"A" EXHIBIT"A" LEGAL DESCRIPTION All that portion of Parcel A as described in Document No.2007-123849 of Official Records,in the City of Moorpark,County of Ventura,State of California,recorded in the Office of the County Recorder of said County,lying northwesterly of a line that is parallel with and 60 feet southeasterly,measured at right angle,from the following described line: Beginning at the westerly terminus of that certain course shown on the map recorded in Book 52,Pages 58 through 61;inclusive,of Records of Survey as"N879 7'49"E M&BASIS OF BEARINGS",being a point on the centerline of West Los Angeles Avenue as shown thereon,now known as Princeton Avenue; thence along said centerline 1st- North 87°46'51"East 816.13 feet to an angle point thereon;thence,continuing along said centerline, 2nd- North 71'x36'08"East 397.26 feet;thence,leaving said centerline, 3rd- North 59°08'29"East 234.22 feet to the beginning of a tangent curve concave northwesterly having a radius of 458.96 feet;thence,along said curve, 4th- Northeasterly through a central angle of 24°39'22"an arc length of 197.50 feet;thence, 5th- North 34°29'07"East 178.96 feet to the beginning of a curve concave southeasterly,having a radius of 504.95 feet;thence,along said curve, 6th- Northeasterly through a central angle of 31°47'42"an arc length of 280.21 feet;thence, 7th- North 66°16'49"East 500.42 feet to the beginning of a curve concave southerly,having a radius of 700.00 feet;thence,along said curve, 8th- Easterly through a central angle of 24°1217"an arc length of 295.72 feet. TOGETHER with that portion of Parcel 1 as shown in Book 10,Page 4 of Parcel Maps,recorded in the Office of the County Recorder of said County,lying northwesterly of the following described line: Beginning at the intersection of a concentric curve lying 75 feet southeasterly,measured at right angle,from the above described 61h course with the northeasterly line of said Parcel 1,being the beginning of a curve concave southeasterly having a radius of 429.95 feet,a radial line to said beginning of curve bears North 24"29'21"West;thence,southwesterly along said concentric curve, through a central angle of 4%17'13"an arc length of 30.92 feet. TOGETHER with all that portion of said Parcel A,lying northwesterly of a line lying 60 feet southeasterly, measured at right angles from the above described 6'h,7th and 81h courses. EXCEPT therefrom all that portion of said Parcel A,lying northwesterly of a line that is parallel with and lying 40 feet southeasterly,measured at right angle,from the above described eight(8)courses. 75 Containing an area of 24,115 square feet,more or less. All bearings and distances described herein are based on the California Coordinate System of 1983 (CCS83),Zone 5,2007.0 epoch. To obtain ground distances,multiply distances shown herein by 1.00006602. �otatd P. 91-f No.8652 5/25/2017 76 Exhibit"B" ONO '''1011 ,------- 5568 oR 9- `1:7� ..,a 1(4345 - •1440 R,i rl'it.5 iii„ef 44310,94k. vb Co•* GHQ 4',4,41*+v9 PJB .:..:•;`�•.`� �rl, p' 09- .- - KAR 9- -o r�+cP. Gov 5P 54 "' G� �,"," JG ya S. 3� 11 e •x;.44.•'',,� ,. 0 Q� N2 Z Z •�///' + 4' 00, • '$ •' •� mss'Ao el* \ isit p• SCALE: 1"-100' ;�a I 1=111 r• , 0 100 200 300 I eo C) S+�yGHT—OF—WAY 46 6,1,44 E (20,403 SQ. FT.) a. f,',, No.e652 8S * `\�\ ETEMPORARY ASEMENT (24,115 Q.TFT.) of O� v 5A5/ZrY/7 EXHIBIT "B" 5/15/2017 WO 18305.01 1 8305LEGL-1 00SCALE.dwg APN 512-0-160-635 & 755 77 • PAGES 78-79 ARE INTENTIONALLY LEFT BLANK 78-79