HomeMy WebLinkAboutC-4360 - Agreement for Hoag Hospital Sound WallQ
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AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN FOR
HOAG HOSPITAL SOUND WALL
This Sound Wall Agreement ( "Agreement') is entered into on August 21, 2009 by and
between the City of Newport Beach, a charter city and a municipal corporation ( "City"),
and Hoag Memorial Hospital Presbyterian, a California non -profit corporation ( "Hoag ").
The City and Hoag are sometimes referred to in this Agreement separately as the
"Party" and collectively as the "Parties."
RECITALS
A. On May 13, 2008, the City Council for the City approved the Hoag Master Plan
update land use permit applications, including General Plan Amendment
No. 2007 -005, Planned Community Development Plan Amendment No. 2007-
001, Development Agreement Amendment No. 2007 -001, and Certification of
Supplemental Environmental Impact Report No. 142 ( "Hoag Master Plan
Update ").
B. Mitigation Measure PDF 3.4 -2 of the Hoag Master Plan Update obligates Hoag to
construct and install a sound attenuation noise wall ( "Sound Wall ") along West
Hoag Drive separating a portion of the Hoag property from a portion of the
adjacent Villa Balboa condominium property ( "Villa Balboa ").
C. The City owns a reinforced concrete pipe storm drain facility ( "Storm Drain ")
located in an area which ranges from approximately 16 to 21 feet below the
grade where a portion of the Sound Wall will be constructed. The City also owns
a 24 inch water line ( "Water Line ") that crosses perpendicularly where a portion
of the Sound Wall will be constructed. Attached hereto as Exhibit A, which is
incorporated herein by this reference, is a depiction of the approximate location
of the Sound Wall which is to be constructed, the Storrs Drain, the Water Line,
and other existing utilities in and around the area where the Sound Wall is to be
constructed.
D. City and Hoag propose to set forth in this Agreement the rights, duties and
obligations between the Parties relating to installation of the Sound Wall and the
replacement, repair and maintenance of the Storm Drain.
AGREEMENT
Based on the foregoing recitals and for good and valuable consideration, the receipt
and sufficiency of which are acknowledged, the Parties hereby agree as follows:
1. Incoroorated Recitals. City and Hoag accept the above recitals as true and
correct and incorporate them herein as if they were fully restated in the
Agreement.
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2. Sound Wall Plans. Prior to construction of the Sound Wall, Hoag shall provide to
City a complete set of plans for the Sound Wall (the "Sound Wall Plans "), which
shall include all of the following, and such other information as the City may
reasonably request:
(a) The precise location of the Storm Drain and Water Line facilities in relation
to the intended location of the Sound Wall, including maintenance access
located along West Hoag Drive;
(b) The structural elements/steel post footing caissons for the Sound Wall;
(c) Full -size, double -door vault access panels to the Storm Drain for the
manhole located under where a portion of the Sound Wall will be
constructed 56 feet from the north end of the Sound Wall (the "North
Manhole ");
(d) Structural elements /steel post footing caissons for the Sound Wall on each
side of the Water Line (the "Water Line Intersection ") to be located at least
3 feet from the edge of the Water Line to the edge of the adjacent caisson
on each side of the Water Line, with the caissons adjacent to the Water
Line to extend underground at least 11 feet such that any excavation of
the Water Line under the Sound Wall will not impact the stability of the
caissons. In addition, the Sound Wall foundation, or grade beam, over the
Water Line shall bridge between the caissons and be capable of
supporting the Sound Wall to permit any necessary excavation, repair or
replacement of the Water Line under the Sound Wall.
Provision of Sound Wall Materials. Protocol and Access Information. Prior to the
City's approval of the Sound Wall Plans, Hoag will provide to the City cut sheet
samples of the Sound Wall construction materials along with the design
standards and protocol for access to the Storm Drain as might be required from
time to time for replacement, repair, removal or maintenance services.
4. Approval of Sound Wall Plans By Citv. The Sound Wall Plans submitted by
Hoag are subject to review and approval by the City, in its sole discretion.
Construction In Accordance With Plans. Hoag shall construct the Sound Wall at
its sole cost and expense in accordance with the Sound Wall Plans following the
City's review and approval. Any proposed changes to the Sound Wall that varies
from the Sound Wall Plans approved by the City, shall be approved in writing in
advance by the City, and shall be shown on the "As Built" plans. "As Built" plans
shall be provided to the City by Hoag upon completion of the Sound Wall
construction.
6. Provision, Installation and Maintenance of Plastic Liner. Hoag shall be
responsible for and pay all costs and expenses associated with obtaining,
installing, maintaining, repairing, and replacing if and when necessary, a non-
structural plastic liner designed and manufactured for the purpose of providing a
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protective lining in the interior of the Storm Drain (the "Plastic Liner"). The
designer and manufacturer of the Plastic Liner as well as the material used for
the Plastic Liner shall be subject to the prior written approval of the City and the
City shall exercise reasonable discretion in determining whether the Plastic Liner
proposed by Hoag is sufficient. Hoag shall be responsible for providing the City
with cut sheets or samples of the Plastic Liner material proposed to be used in
the Storm Drain prior to the City's approval. The Plastic Liner shall be installed in
the interior of the Storm Drain from the North Manhole, and continuing
approximately 303 feet south along the Storm Drain to the next manhole
accessing the Storm Drain located on or near the property line between Hoag
and Villa Balboa (the "South Manhole "). Hoag shall install the Plastic Liner within
six (6) months of completion of the construction of the Sound Wall.
7. Storm Drain Video. Within three (3) months after completion of the Sound Wall
construction and installation of the Plastic Liner described in paragraph 6, Hoag,
at its sole cost and expense, shall send a robotic video camera through the
Storm Drain for the length of the Sound Wall located above the Storm Drain
( "Storm Drain Video "). Hoag shall provide a copy of the Storm Drain Video to the
City. Thereafter, upon any significant seismic activity as determined by the City
Public Works Director, Hoag shall conduct, at its sole cost and expense, a
subsequent Storm Drain Video and provide a copy of the subsequent Storm
Drain Video no later than one month after the seismic event. In addition, Hoag
shall conduct, at its sole cost and expense, subsequent Storm Drain Videos
substantially as described above upon the City's written request, which request
may be made not more than once every five (5) years, and provide City with a
copy of such video.
8. Hoag to Pay Costs Related to Sound Wall Removal. Hoag shall be responsible
for and pay all costs and expenses associated with the removal, restoration and
replacement of any and all portion(s) of the Sound Wall or any of the panels of
the Sound Wall to the extent that such removal is necessary, as determined in
the sole discretion of the City Manager, for the City to replace, repair, remove, or
maintain any portion of the Storm Drain (herein, "Storm Drain Maintenance ") or
Water Line (herein, "Water Line Maintenance"). Upon completion of Storm Drain
Maintenance or Water Line Maintenance, Hoag shall restore and replace any
affected portions or panels of the Sound Wall, and all surface improvements,
including landscaping and grading, to the same general condition as existed prior
to each event of Storm Drain Maintenance or Water Line Maintenance. Except in
an emergency, as determined in the sole discretion of the City Manager, the City
shall coordinate with Hoag regarding the timing for the removal, restoration and
replacement of any portion(s) of the Sound Wall or any panels of the Sound Wall.
In an emergency, as determined in the sole discretion of the City Manager, the
City shall have the right to remove the Sound Wall or any portions thereof.
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9. Hoag to Pay Costs Connected With Sound Wall and Storm Drain.
(a) To the extent that the Sound Wall causes any interference with the
operation or damage to the Storm Drain or Water Line, Hoag shall be
liable for the costs, expenses and damages arising from such interference
or damage;
(b) To the extent the Sound Wall causes any Delay to the City in accessing
the Storm Drain or Water Line, Hoag shall be liable for all costs, expenses
and damages arising from such Delay. For purposes of this Agreement,
the term "Delay".shall mean the amount of time that it takes the City to
access the Storm Drain or Water Line that is greater than the time the City
would have spent if the Sound Wall did not exist;
(c) The Parties hereto expressly agree that if the Sound Wall negatively
impacts the Storm Drain or Water Line, Hoag will immediately take any
and all action necessary and pay all costs and expense to fully mitigate
the impact of the Sound Wall on the Storm Drain or Water Line including,
but not limited to, the repair and replacement of the Storm Drain and/or
Water Line. If any impact of the Sound Wall on the Storm Drain or Water
Line cannot be fully mitigated, Hoag agrees to remove the Sound Wall;
and
(d) Hoag shall be responsible for and pay all costs and expenses associated
or connected with the Sound Wall or with the portion of the Storm Drain
that runs the entire length of the Sound Wall, including any and all design
and construction, maintenance, repair, removal, restoration, or any other
related cost or expense for any reason as determined by the City in the
City's sole discretion.
10. No Impeding Access. Hoag shall be responsible for ensuring that landscaping
around or near the Sound Wall shall not impede or in any way obstruct access to
or the function of the Storm Drain or the Water Line.
11. Hoag to Grant Easement. Hoag shall execute and grant an easement in favor of
the City, which is attached as Exhibit B.
12. City to Grant Access. It is understood and agreed unless Hoag is otherwise in
breach of any of Hoag's material obligations under this Agreement, City shall
grant Hoag a non - exclusive access right and /or license to the Storm Drain to the
extent reasonably necessary for Hoag to fulfill its obligations as set forth in this
Agreement.
13. Insurance. Hoag shall fumish City, and cause its primary contractor for the
construction of the Sound Wall ( "Contractor") to furnish City, with original
certificates of insurance and with original endorsements effecting coverage
required by this Agreement. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer to bind
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coverage on its behalf. All certificates and endorsements are to be received and
approved by City before construction of the Sound Wall commences. City
reserves the right to require complete, certified copies of all required insurance
policies, at any time.
Insurance is to be placed with insurers with a Best's rating of no less than ANN.
Hoag shall procure and maintain, and Hoag shall cause its Contractor to procure
and maintain, for the duration of the Agreement insurance against claims for
injuries to persons or damages to property, which may arise from or in any way
connected with the Sound Wall designed and constructed by Hoag, its agents,
representatives, employees or subcontractors, as provided more specifically
below.
(a) Minimum Limits of Insurance
Coverage limits shall be no less than:
(i) Commercial General Liability: $2,000,000.00 combined single limit
per occurrence or per claim for bodily injury, personal injury and
property damage. If Commercial Liability Insurance or other form
with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required the per occurrence or per
claim limit.
(ii) Business Automobile Liability: $1,000,000.00 combined single limit
per accident for bodily injury and property damage.
(iii) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of
California and Employers Liability.
(b) Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and
approved by City.
(c) Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following
provisions:
(i) General Liability and Automobile Liability Coverages
1) City, its officers, agents, officials, employees and volunteers
are to be covered as additional insureds as respects: liability
arising out of activities performed by or on behalf of Hoag,
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including the insured's general supervision of Hoag; products
and completed operations of Hoag; premises owned,
occupied or used by Hoag; or automobiles owned, leased,
hired or borrowed by Hoag.
2) Hoag's and its Contractors, insurance coverage shall be
primary insurance andlor primary source of recovery as
respects City, its officers, officials, agents, employees and
volunteers. Any insurance or self- insurance maintained by
City, its officers, officials, agents, employees and volunteers
shall be excess of Hoag's, and its Contractor's, insurance
and shall not contribute with it.
3) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to City, its officers,
officials, agents, officials, employees and volunteers.
4) Hoag's insurance, and its Contractor's insurance, shall apply
separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the
insurer's liability.
5) The insurance afforded by the policy for contractual liability
shall include liability assumed by Hoag under the
indemnification/hold harmless provision contained in this
Agreement.
(ii) Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against
City, its officers, agents, officials, employees and volunteers for
losses arising from work performed by Hoag or its Contractor in
connection with this Agreement.
(iii) All Coverages
All of the executed documents referenced in this Agreement must
be returned within ten (10) working days after the date on the
"Notification of Award," so that the City may review and approve all
insurance and bonds documentation.
14. Indemnification and Responsibility for Damaaes or Injury.
(a) To the fullest extent permitted by law, Hoag shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers,
officials, agents, volunteers and employees (collectively, the "Indemnified
Parties ") from and against any and all claims (including, without limitation,
claims for bodily injury, death or damage to property), demands,
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obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without
limitation, attorneys' fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which
may arise from or in any manner relate (directly or indirectly) to the Sound
Wall; the failure of the Storm Drain or the Water Line to the extent that the
failure is related in any way (directly or indirectly) to the Sound Wall; any
Delay in accessing the Storm Drain or Water Line that is in any way
related to the Sound Wall; the negligence, recklessness, or willful
misconduct of Hoag or its principals, officers, agents, employees, vendors,
suppliers, consultants, contractors, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable or
any or all of them.
(b) Notwithstanding the foregoing, nothing herein shall be construed to
require Hoag to indemnify the Indemnified Parties from any Claim arising
from the sole negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of
attorneys' fees in any action on or to enforce the terms of this Agreement.
This indemnity shall apply to all claims and liability regardless of whether
any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Hoag.
(c) The rights and obligations set forth in this section 13 shall survive the
termination of this Agreement.
15. Notices. Any notice, request, demand, consent, approval or other
communication required or permitted hereunder or by law shall be validly given
or made only K in writing and delivered in person to an officer or duly authorized
representative of the other Party or by United States mail, duly certified or
registered (return receipt requested), postage prepaid, and addressed to the
Party for whom intended, as follows:
If to CRY: City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Attention: City Manager
Telephone No.: (949) 6443030
Facsimile No.: (949) 717 -6711
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with a copy to: City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658
Attention: City Manager
Telephone No.: (949) 644 -3000
Facsimile No.: (949) 644 -3020
If to Hoag: Hoag Memorial Hospital Presbyterian
One Hoag Drive
P.O. Box 6100
Newport Beach, CA 92658
Attention: Senior Vice President, Real Estate & Facilities
Telephone No.: (949) 764 -7203
E -mail: Sanford.Smith(&hoaghospital.org
Any Party may from time to time, by written notice to the other as provided
above, designate a different address which shall be substituted for that specified
above. In the event that either Party shall convey its property to another person,
such person shall notify the other Party of the proper notice address of such
successor party and notices shall thereafter be sent thereto. If any notice or
other document is sent by mail as aforesaid, the same shall be deemed served
or delivered seventy-two (72) hours after mailing thereof as above specified.
Notice by any other method shall be deemed served or delivered upon actual
receipt at the address or fax number listed above (actual receipt of a facsimile to
be evidenced by a transmission confirmation report, provided that the original
notice and a copy of such report is sent to the noticed Party by mail within
twenty-four (24) hours of transmission).
16. Waiver. A waiver by City or Hoag of any breach of any term, covenant, or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant, or condition contained herein
whether of the same or different character.
17. Inert grated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the Parties hereto
and all preliminary negotiations and agreements of whatsoever kind or nature are
merged herein. No verbal agreement or implied covenant shall be held to vary
the provisions hereof. Any modification of this Agreement will be effective only by
written execution signed by both City and Hoag.
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18. Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against
either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply. Headings of paragraphs in this
Agreement are included for ease of reference only and shall not be used to help
interpret the meaning of any of the terms or language used herein.
19. Amendments. This Agreement may be modified or amended only by a written
document executed by both Hoag and City and approved as to form by the City
Attorney.
20. Severabilitv. The invalidity or enforceability of any provision of this Agreement
with respect to a particular party or set of circumstances shall not in any way
affect the validity and enforceability of any other provision hereof or the same
provision when applied to another party or to a different set of circumstances.
21. Controlling Law and Venue. The laws of the State of California shall govern this
Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County
of Orange.
22. Status of the Parties. This Agreement is not intended to create, and nothing
herein contained shall be construed to create, an association, a trust, a joint
venture, a partnership or other entity of any kind, or to constitute either Party as
the agent, employee or partner of the other.
23. No Third Party Beneficiaries. This Agreement is not intended to benefit any other
person or entity, or to create either directly or indirectly, any third party
beneficiaries.
24. Preparation of This Agreement. This Agreement shall not be construed against
the Party preparing it, but shall be construed as if both Parties prepared it.
25. Successors and Assigns: Covenants Running with the Land. All rights and
obligations created by this Agreement shall be appurtenant to and shall run with
the Hoag property and each part thereof and interest thereon, and shall be
binding upon the Parties and their respective successors and assigns acquiring
any right, title and interest in the Hoag property.
26. Signatories. The signatories executing this Agreement represent that they are
authorized to enter into this Agreement on behalf of the Party for whom they sign.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
date first above written.
APPROVED AS TO FORM:
By:
ynette D. EFeaucbhmp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
bym
B
eilani Brown, City Clerk
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CITY OF NEWPORT BEACH, a charter
munici al rporation
By:
Ho/mer Bludau,ity Manager
HOAG MEMORIAL HOSPITAL
PRESBYTERIAN
By:
Richard F. Afable,
President and CEO
10
EXHIBIT A
SOUND WALL LOCATION MAP
\, SounOWall
IAFETW
Villa Balboa m c
COndow4 ms \
260 Capeq Lane �.
EXHIBIi'A'
HEART&VASawt euLDiNc
1
k
\ e
Villa Balboa
CondomhIum
28D CaM Lane \
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Dock
�r-
SOUTH HW DR-
0 25 50 100 M
d . �
Villa Balboa m c
COndow4 ms \
260 Capeq Lane �.
EXHIBIi'A'
HEART&VASawt euLDiNc
1
k
\ e
Villa Balboa
CondomhIum
28D CaM Lane \
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Dock
�r-
SOUTH HW DR-
0 25 50 100 M
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
EXHIBIT B
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
This Agreement is recorded at the request and for
the benefit of the City of Newport Beach and is
exempt from the payment of a recording fee
pursuant to Government Code §§ 6103 and 27383.
GRANT OF EASEMENT FOR ACCESS, STORM DRAIN
AND WATER LINE PURPOSES
HOAG MEMORIAL HOSPITAL PRESBYTERIAN ( "Grantor"), owner of
certain real property situated in the City of Newport Beach, County of Orange, State of
California, hereby grant(s) to the CITY OF NEWPORT BEACH ( "Grantee "), a municipal
corporation, a non - exclusive easement for access, maintenance, repair and
replacement of public storm drain water lines and utilities in, over, across and along said
certain real property pursuant to the terms of the Sound Wall Agreement between
Grantor and Grantee dated August 21, 2009.
Said easement is described in Exhibit "A" and delineated on Exhibit "B"
attached hereto and made a part hereof by this reference.
SUBJECT TO easements and rights of way of record or apparent.
FURTHER, Grantor hereby grants to Grantee an easement for general
access purposes over the existing public utilities easement recorded in Book 12701,
page 104 of Official Records of Orange County.
RESERVING UNTO GRANTOR, its successors and assigns, the right to
use said land for any purpose, that will not in any way interfere with the use by Grantee
of this easement, including but not limited to the right to construct, relocate, repair,
maintain a sound attenuation noise wall and landscaping, in, on, over, across, under
and along said land.
Dated: 2009
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HOAG MEMORIAL HOSPITAL
PRESBYTERIAN
By:
Richard F. Afable, M.D.,
President and CEO
I-2
EXHIBIT "A"
LEGAL DESCRIPTION
EMMJ:.
THAT PORTION OF PM M 1 OF THE DEED (E MM fFBRUARY 5, 1946 IN DOOC 1305. PAGE 20 OF OFFM
MORK IN THE OT( OF NEHLPORT EEACI, COUNTY OF MOM STATE OF CMIFORNAA UESCRfED AS RXLARS:
WWW AT THE INTERSECTION OF RTE NE.IERLY LINE OF PARCEL 1 OF Ulf CRANE OF EASEIENF RECORDED JANE
Z. 1075 IN BOO( 12701, PAGE 104 OF OFE10A RECORDS TIRH THE 30tMEXY LINE OF RE STREET EASWIT
RECORDED SEP O 34 1971 IN BORN 9M PACE 022 OF OFlCIL RECORDS; THENCE SOMBERLY AND
SOUTH EAS188.Y ALONG SAID 1liSTEMY LIES OF SAD PARCEL. 1 AND PARCELS 2 AND 3 OF SAID EASBENT THE
FOLLOrING COURSES
SOUTH OW44' REST 70.40 FEET TO 111E 112NNING OF A TANGENT OAK ONCAVE NORTHEASIEALY AID NALNO
A RADIUS OF 36300 FEET: THENCE ALONG SAN) CURVE TNROU01 A CENWAL ANGLE OF 1611'O' AN ARC LDGTH
OF 10254 FEET, THENCE TANGENT TO LAST -SAD WIVE SOUTH I4YU7'2Y FAST 70.85 FEET 70 Elf BEGINM OF A
TANODHT CURVE CONCAVE HORRCaMY AND HAVING A RADIUS OF 41300 FEET. THENCE ALONG SAID CURVE
MUCH A CENTRAL ANGLE OF 087722' AN ARC LE)" OF K33 FEET: YNENCE TANGENT TO LAST -SAD CURVE
SDVM 2270'44' EAST 286.13 FEET TO TIE OWNING OF A TANGENT CURVE, COILAVE NOR*IEASWILY AND
HAMIG A RADR15 OF 31300 FEET. RIENCE ALONG SAID C1RW RIROM A CENTRAL ANGLE OF 2557'40' AN ARC
LDgTM 140.00 FEET 70 THE ffT#MwNO OF A NON -TANG NT LINE; A RADIAL LIRE PASSING RROUCN SAID POINT
WARS SOUTH 415738 VEST: THENCE SOUTH 5042'55' EAST 66.34 FEET TO THE OEM" OF A NON- TAIXIEMT
WM CONCAVE SO"MMIERLY AND HAVNG A RADIUS EE 140.00 FEET A RADIAL LINE PASSMM: NOW SAID
POUR KARS NORM 415236' EAST: HENCE ALONG SAD OAK UP" A CNNTRAL ANGLE OF 2874'4.7' AN ARC
LENM OF 60.02 FEET. THENCE TANGENT TO LAST -SAD CURVE SOUTH 195741' OFST 60.88 FEET TO THE
BEC/NW OF A TANGENT CURVE. CONCAVE NCIR"USTERLY AND HAVING A RADIUS OF 30.00 FEET: 1111EDE ALONG
SAID CURVE THROUGH A CIRMAL ANGLE OF 1033756' AN ARC LENGTH OF 3427 FEET TO A POINT ON THE
RES11MY LIES OF SAID PARS 1 IF SAD BEiD RECORDED N BOOT 1398. PACE 20; A RADIAL LIE PASSIM
THROUGH SAID PONT BEARS SOUTH 06'20'46' EAST:
THOM NAY AM LAST -SAD IESTFRY IDES THE FOI.OMNO OOURSE4
NORTH 257813' WW 127.43 FEET TO 1HE IMMUNG OF A TANGENT OR1E, CONCAVE SOUTHIESWILY AND
HANG A RADARS OF 514.46 FEET; THENCE ALCG SAID CRK TFIROUON A CENTRAL ANGLE O 12 4'20' AN ARC
W M OF 112.50 FEET TO THE DEW= OF A WWRSE C1RW, CONCAVE NORREASIERLY AND HAVING A RADIUS
OF 400,51 FEET. A PAM LINE PAS3D TFROIM SAID POINT W REVERSE CURVATURE KAM NORM 514nr
EAST RAKE ALONG LAST -SAD COW THROUGH A CENTRAL AMU OF 15'4715' AN ARC LD41i 11224 FEET;
THDICE TANGOIT TO LAST -SAD CURVE 0" 22'2810' HEST 25255 FEET TO TEE "61NG OF A TANOOLT
CRVE, CONCAVE NORREASIEALY AND HAVING A RAM OF 100000 FEET; RIENCE ALONG SAID WK ilR011Oi A
CENTRAL ANGLE OF 1250'15 AN ARC LENOIH 224.06 FEET; 74M TM GENT TO LAST -SAD CURVE NORTH
07803' TEST IX42 FEET TO THE VESERLY PROLONGATION OF SAID WMERLY LIE OF SAID STREET EASEMENT
RECORD N BOON 9025, PACE 922 MINCE EASTERLY AM SAD MFSILALY MONGAIM AND SAD
SOUTHERLY LIE SOUTH 8540'25' EAST 2101 FEET TO THE PONE EE DEGI NiG.
AS NOR PARTICULARLY SHOMN ON DMI V. ATTACHED HUM NO MADE A PART HUM.
THIS LEGAL OESCRP11ON WAS PREPARED BY ME OR UNDER MY
ONWRON AT THE REQUEST OF HONG RENO K HOSNTAL-
Piewnew M IA UW 2006.
IL 4
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EXHIBIT "Bn
SICETCH TO ACCOMPANY LEGAL DESCRIIY'ITON
WLY L srP EASEMENT,
BOO 98
BOOK 992x• PAGE 922, O.R. \%\\
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or
ss.oJ�'
PARCEL 1
x120 ACRES
WLY LINE PARCEL
1. BOOK 1199,
PAGE 20. O.R.
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i
S
PARCEL 1
0.120 ACRES
a PARCEL 1
8= 12701. PACE 1% OJL
SHEET 1 OF 2 I
Iwo,
Sir LINE STREET
EASEMENT, BOOK
9923, PAGE 922.
O.R.
PARCEL 1
BOOK 1398, PAGE 20 OR
C4) dr- 0922'22'
R- 411.00'
L -60.35'
C5) A.08-22-22-
R- 400.00'
L -5&45'
C6) o-09'22'22-
R- 397.00'
L- 58.95'
HALLADAY
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SKETCH TO ACCOMPANY LEGAL DESCRUMON
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PARCEL 1
0.320 ACRES
WLY UNE PARCEL
1, BOOK 1398,
PAGE 20. O.R.
PARCEL i
BOOK 1398, PAGE 20 O.R.
PARCEL 1
BOOK 12701, PAGE 104 OR
fir 1 OF 2
C7)6-2614!43-
R- 140.00'
L- 69.02'
C8) A- 2814'43'
R- 150.00'
L- 73.95'
C9) A- 2814'43-
R- 160.00'
L- 78.86'
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R- 30.00'
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L- 54.21'
L2 N41- 52
20.00'
C11) A-9895'13'
R =40.00' e2
L- 88.63'
HALLADAY
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