Legislation Details

File #: HIST-18519    Version: 1 Subject:
Type: Historical Status: Consent Agenda
In control: City Council Meeting Agenda
On agenda: 1/23/2012 Final action: 1/23/2012
Title: Adoption of a Resolution of Intention to Vacate a Portion of Ocean Drive from the East Side of Overland Avenue Extending Approximately 110 Feet East to its Easterly Terminus and Setting the Matter for Public Hearing.
Attachments: 1. Adoption of a Resolution of Intention to Vacate a - C-3__12-01-23__PW Eng__CITY COUNCIL__Resolution of Intention to Vacate a Portion of Ocean Drive - FINAL.pdf, 2. Adoption of a Resolution of Intention to Vacate a - 12-01-23__PW-Eng__CITY COUNCIL__Resolution of Intention to Vacate a Portion of Ocean Drive__Attachments with cover.pdf
City of Culver City, California Agenda Item Report Meeting Date: 01/23/2012 Item Number: C-3 CITY COUNCIL AGENDA ITEM: Adoption of a Resolution of Intention to Vacate a Portion of Ocean Drive from the East Side of Overland Avenue Extending Approximately 110 Feet East to its Easterly Terminus and Setting the Matter for Public Hearing Contact Person/Dept.: Andy O’Connell/PW Phone Number: (310) 253-5606 Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X] Public Hearing: [] Action Item: [] Attachments: [X] Commission Action Required: Yes [] No [X] Date: _______________ Public Notification: (E-Mail) Agenda and Meetings – City Council (01/19/12); (Telephone) Lena Beker (1/19/12); and (Mail) Residents and Occupants within a 500 foot radius of project and extended to end of block (1/9/12). Department Approval: Charles D. Herbertson (01/12/12) City Attorney Approval: Carol Schwab (by H. Baker) (01/17/12) Chief Financial Officer Approval: Jeff Muir (01/18/12) City Manager Approval: John M. Nachbar (01/19/12) RECOMMENDATION: Staff recommends the City Council adopt a Resolution of Intention to vacate a portion of Ocean Drive from the east side of Overland Avenue extending approximately 110 feet east to its easterly terminus and set the matter for public hearing date on March 5, 2012. BACKGROUND: Currently, this portion of Ocean Drive has been developed as a parking lot for the apparent benefit to the existing office building located at 5000 Overland Avenue. This office building was originally approved by Planning Commission Resolution No. 1185 adopted on November 14, 1973, which did not allow the conversion of this portion of Ocean Drive into a parking lot. However, the Planning Commission did condition the project to install a parking lot on the east side of the proposed building with a one-way drive aisle that is entered from Virginia Avenue and exited onto Ocean Drive. Further research of the City’s files did not produce any documentation as to the approval and date when this portion of Ocean Drive was reconstructed into a parking lot. In reviewing the City’s aerial photographs, the parking lot was constructed between 1980 and 1984. The aerial photographs dated April 9, 1980 do not show a parking lot on Ocean Drive while the aerial photographs dated October 24, 1984 do show a parking lot on this portion of Ocean Drive. The easterly end of this portion of Ocean Drive terminates at a wrought iron gate providing access to an adjacent parking lot City of Culver City, California Agenda Item Report serving the development located at 10555-10611 Virginia Avenue. This development has two driveways that are accessed from Virginia Avenue. Earlier last year when The L.T.D. Group, LLC, with Ms. Lena Beker as Managing- Member, entered into escrow to purchase the property at 5000 Overland Avenue, the title company reported that this parking lot was located on public right-of-way and, since it served the property, a legal approval for this use must be obtained from the City prior to the close of escrow. At that time, Ms. Beker met with City staff to determine a course of action. A review of the history of the parking lot by Public Works staff determined that this portion of Ocean Drive has not be used as a public thoroughfare for many years and that it is no longer needed for public street purposes. Therefore, the Public Works Director/City Engineer agreed to support the application for the vacation of this portion of Ocean Drive. However, as escrow for purchase of the property was in its final stages, the length of time to process a street vacation would possibly endanger the closing. An interim solution was proposed by City Attorney staff to enter into an Encroachment Permit Agreement (refer to attachment). This Agreement was approved by City Council on May 2, 2011 and executed on May 11, 2011. It stipulates that until the street vacation is finalized, the general public will not be excluded from using the parking lot for parking purposes. DISCUSSION: A petition to vacate the aforementioned portion of Ocean Drive was submitted by Ms. Lena Beker on August 23, 2011. A title report for this section of Ocean Drive was required and Lawyers Title Company determined that The L.T.D. Group, LLC owns the underlying fee to this portion of Ocean Drive. Exhibits “A” and “B” of the Resolution of Intention contain the legal description and plat of the portion of Ocean Drive proposed to be vacated. There are no public utilities located on this portion of Ocean Drive; however there is an existing Southern California Edison (SCE) vault in a landscaped area at the northwest corner next to the area to be vacated. Also, there is a maintenance gate that provides access to Ballona Creek that must be accessed through the front portion of the parking lot area. A condition of the vacation would be to reserve a public access easement for the purpose of entering Ballona Creek and to allow Edison access to its electrical vault. Since this portion of Ocean Drive is no longer needed for the general public and the reservation of a public access easement will resolve any needed access requirements for Ballona Creek and by SCE, it is recommended that this portion of Ocean Drive be vacated. Tonight, the City Council is requested to adopt a resolution setting the date of the public hearing during which the City Council may consider the question of vacating the street right-of-way of this portion of Ocean Drive. City of Culver City, California Agenda Item Report FISCAL ANALYSIS: Street maintenance on this portion of Ocean Drive has not been performed for over 27 years since it was thought to have been a private parking lot. Therefore, there will be no change in the cost for street maintenance. However, the vacation will revert this portion of Ocean Drive to private property which will slightly increase the property taxes to the adjoining property at 5000 Overland Avenue. ATTACHMENTS: 1. Petition letter dated August 23, 2011 2. Encroachment Permit Agreement between the City and The L.T.D. Group, LLC 3. Resolution of Intention that includes Exhibits “A” and “B” MOTION: That the City Council: Adopt a Resolution of Intention to vacate a portion of Ocean Drive from the east side of Overland Avenue extending approximately 110 feet east to its easterly terminus, as shown on Exhibits “A” and “B”, and set a public hearing for March 5, 2012. MEETING DATE: 01/23/12 AGENDA ITEM: CITY COUNCIL: Adoption of a Resolution of Intention to Vacate a Portion of Ocean Drive From the East Side of Overland Avenue Extending Approximately 110 feet East to its Easterly Terminus and Set a Public Hearing for March 5,2012 ATTACHMENTS Pages 1 2-9 10-13 1 Petition Letter dated August 23, 2011 2 Encroachment Permit Agreement 3 Resolution of Intention with Exhibits "PC and "B" 15315 Magnolia Boulevard, Suite 101, Sharman Oaks, CA 91403 August 23, 2011 Charles Herbertson City Engineer CITY OF CULVER CITY 9770 Culver Boulevard Culver City, CA 90232 Re: Application for Vacation 5000 Overland Ave., Culver City Dear Mr. Herbertson: As you will recall earlier this year, my husband and I along with our agent, Craig Stevens, met with you, Ms. Heather Baker and Andy O'Connell regarding the above property and the vacation process. Per our meetings, I have obtained and enclose for your consideration the legal documentation from lacobellis & Associates, Inc., land surveyors. I also enclose a check for $3,800 for the processing fees. Please advise me of the next step in the process otthe City of Culver City vacating the portion of the parcel as we discussed. Once again thank you for your continued assistance in this matter. I may be reached on my cell phone at (323) 816-7192. Sincerely, Lena Beker, Managing-Member THE L.T.D. GROUP, LLC Ends. I. ENCROACHMENT PERMIT AGREEMENT PARTIES: !City of Culver City, a California municipal corporation !9770 Culver Boulevard !Culver City, California 90232 ATTN: PUBLIC WORKS DIRECTOR/CITY ENGINEER 1("City") „The LT,O. GROUP, LLC And/or its .assigns 15315 Magnolia Blvd., Suite 101 Sherman Oaks, CA 91403 ATTN: SEMION ALON BEKER, MANAGING MEMBER i"Property Owner") RECITALS: A. WHEREAS, Property Owner is in escrow on the purchase of that certain real property Ideated at 5000 Overland Avenue, Culver City, California (the "Overland Property") B. WHEREAS, a small section of City-owned dedicated street right-of-way along Ocean Drilve and adjacent to the Overland Property (the "Subject Property"), which is illustrated on Exhibit A, has been used as a parking lot by Property Owner for !many -years; C. WHEREAS, the Subject Property is not currently being used for public right-of- way purposes and terminates at the Subject Property driveway entrance and the City has rip use for it at this time; and 13. WHEREAS, continuance of the use of the Subject Property as a parking lot will serve the Public benefit. NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter containec), the parties hereto agree as follows: 1. The City hereby grants Property Owner this Encroachment Permit Agreement (the "Agreement") to use the Subject Property as a parking lot (the "Parking Lot") to serve the businesses located on the Overland Property and the general public. 2. Property Owner shall not limit parking in the Parking Lot to tenants and visitors of the Overland Property. Property Owner shall not exclude the general public from using the Parking Lotlfor parking purposes. City agrees that, without a written modification 12. Encroachment Perri? it Agreement City of Culver City arid The LTD. GROUP, LLC Page 2 of 5 of this Agreement, it 0110 not place signs on the Subject Property indicating public parking nor advertise or otherWiSe suggest that the Parking Lot is available for public parking. 3. The -rights granted by this Agreement are granted based upon the above- referenced representations. If Property Owner uses the Subject Property for purposes other than public Parking, the City may immediately terminate this Agreement after providing- Property Owner written notice and an opportunity to cure its non-permitted use Within 10 dOys of reCeipt of such notice, 4. City reServes the right to charge Property Owner reasonable compensation consistent with appl?cable law for the use of City's rights-of-way. By entering into this Agreement, City does not waive any rights, either legal or equitable, to which it may otherwise be entitled. 5. Properly Owner, at its sole cost and expense, shall be responsible for the maintenance of the ,ubject Property and any and all damage to the Subject Property shall be repaired by Property Owner at no cost or expense to City and to the reasonable satisfaction of City's 1 7)ublic Works Director. In the event Property Owner declines to make repairs reasonably deemed necessary, the City may immediately terminate this Agreement without prior notice. 6. The *ills:Sion granted under this Agreement shall not in any event constitute an easement on or an encumbrance against the public rights-of-way. No right, title or interest in the public rights-of-way, or any part thereof, shall vest or accrue to Pmperty Owner or any other entity or person by reason of this Agreement, the issuance of an encroachment: pOrfnit - or the exercise of the privileges given thereby. 7. Except cas otherwise provided herein, this Agreement may be terminated by the City upon 180- i ays written notice, if the City determines the termination of the Agreement is necesSary to protect the public health, safety or welfare, or when made necessary by either the installation, abandonment, change of grade, alignment or width of any street, sidewalk qr other public facility or the construction, maintenance or operation of any other City or othr public agency underground or aboveground facilities (including, by way of example and not limitation, any sewer, storm drain, conduits, gas, water, electric or other utility system Or pipes), provided that City or other public agency is acting in its governmental capacity. In the event all or any portion of the Subject Property is needed by City or other public 4igency for a governmental purpose or in the event the use of the Subjet,I Property by Property Owner shalt be considered detrimental to the public health, safety or welfare or to governmental activlties including, but not limited to interference with City or other public agenoy construction projects, or is in conflict vertically and/or horizontally with any proposed City or otherpublic agency installation, Property Owner shall ceage use of the Subject preporty or the•involved part of it, without cost or expense to City. Encroachment Pertt Agreement City of Culver City a d The L.T.D. GROUP, LLC Page 3 of 5 Upon receipt of the notice of termination, Properly Owner shall have 180 days to cease use of the Subject Property_ In the event of termination of this Agreement, Property Owner hereby waives and releases any and all rights or claims for cost reimbursement, inverse condemnation, relocation benefits or any other legal or equitable action the Property Owner may otherwise have against City. Should termination occur, if requested by City's Public Works Director, Property Owner shall repair and restore the Subject Property to a condition satisfactory to City's Public Works Director within 30 days of such request. In the event of an emergency, as reasonably determined by City's Public Works Director or other public agency, City may require Property Owner to immediately cease use of the Sti,bject Property without prior notice, provided that Property Owner is provided with writteri notice within a reasonable period thereafter. 8. Without limiting any other obligation set forth in this Agreement, Property Owner stra It provide City With . a Certificate Of Insurance in the amount of Two Million Dollars ($2,000,000.) for General Liability (the Policy") (see insurance requirements attached as Exhibit 8 to this Agreement). That amountmay be provided by two separate One Million Dollar ($1,000,060) policies provjded the aggregate limits are $2,000,000. The Policy(ies) shall provide ., or be endorsed -, with an endostement approved by the City Attorney's Office, NAtholl shows City and its !officers and employees are additional insureds under the Policy, the Policy is primary, the Policy has :a seVerability provision and any other City-policy is non-contributing. Property Owner and its .successors and assigns shall and do hereby Indeninity bolo harrnteSS and defend City, its elected and appointed officials, officers, emplOyees, agents and 'representatives (,'Indemnitees") from any and all suits and causes of actiOn,cliuris charops:darnages,judgments, demands, civil fines, penalties or losses of any kind or nature whatsOever, including attorney fees and court costs, which may arise rgatnst any or all Indernnitees by reason of any real or personal property damage, personal injury or death arising or resulting directly or indirectly from Property Owner's use of the Subject Property This: indemnity and obligation to hold harmless shall apply regarOless of whether or not City prepared, supplied, or approved plans or specifications or inspected any WM*, repairs or improvements installed or constructed on the Subject PrOperty. 10. In the .6vent Property Owner's purchase of the Overland Property falls through, this Agreement shall become null and void. 11. City agrees to peopOS fl application by Property Owner for vacation of the public right-of-way or the Subject Property. Property Owner shall obtain a title report at its sole coSt and expense and submit it to City for review. If the title report confirms City Ownership of or a portion of the underlying fee of the Subject Property, City agrees to 4 Encroachment Permit Agreement City of Culver City and The L.T.D. GROUP, LLC Page 4 of 5 sell City's portion of the Subject Property to the Property Owner, at Property Owner's option, based on the fair market value as determined by a qualified appraiser retained by City at Property Owner's sole cost and expense. If the title report reveals the underlying fee ownership of the Subject Property belongs to Property Owner, and the City Council approves the vacation of the public right-of-way, all ownership rights to the Subject Property shall vest with the Property Owner and this Agreement shall immediately terminate. 12. If litigation arises out of this Agreement for the performance thereof, then the court shall award costs and expenses, including attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule, but shall award the full amount of costs, expenses and attorney's fees paid or incurred in good faith. 13. The terms of this Agreement shall be interpreted according to the laws of the State of California. If litigation occurs, then venue shall be in the Superior Court of Los Angeles County. 14. All notices required or provided for under this Agreement shall be in writing, delivered in person or by certified mail, return receipt requested, or by a nationally recognized overnight delivery service addressed to the parties as indicated on the first page of this Agreement. Any notice so delivered shall be effective upon the date of personal delivery or, in the case of mailing, upon delivery. Any party may change its address for notice by giving 10-days notice of such change in the manner provided for in this Paragraph. 15. Property Owner shall not transfer or assign this Agreement without the prior written consent of City. 16. A waiver by either party of any breach of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement whether of the same or different character. 17. As set forth in Paragraph 6, the parties agree that no possessory interest is created by this Agreement. However, to the extent that a possessory interest is deemed created, Property Owner acknowledges that notice is and was hereby given to Property Owner, pursuant to California Revenue and Taxation Code Section 107.6, that use or occupancy of any public property pursuant to the authorization herein set forth may create a posSessory interest which may be subject to the payment of property taxes levied upon such interest. Property Owner shaft be solely liable for, and shalt pay and discharge prior to ctelinq LI enoy, any and all possessory interest taxes or other taxes levied against Property Owner's right to possession, ocOLipdricy; or use of any public property pursuant to any right of posSession, occupancy or use created by this Agreement. "City" "Property Owner" CITY OF CULVER CITY, a Municipal Corporation The L.T.a GROUP, LLC Semion Alon Beker Managing Member Date: tjeather Bakei::Aiistant Ati6rney Date: Encroachment Permit Agreement City of Culver City and The L.T.D. GROUP, LLC Page 5 of 5 18. Property Owner shall comply with all applicable federal, state and local laws, rules and regulations. 19. If any part of this agreement is held invalid, the remaining terms and conditions shall not be affected unless their enforcement under the circumstances would be unreasonable, inequitable, or otherwise frustrate the purposes of this agreement. 20. This agreement, including the exhibits attached hereto, constitutes the entire agreement between the parties and supersedes any previous oral or written agreements with respect to the subject of this Agreement. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their respective duly authorized representatives as of the dates indicated below. ' 11/1 By ‘- John Nachbar . LE 4r ja,.7City Manager Date: 'S 2?, Approved as to Form and Legal Content Carol A. Schwab, City Attorney co CV .7;AV.:Ctsly",N3A0 1=46 141:44ftam.*4)1Lo,N, ALIO Illiarr EXHIBIT B ENCROACHMENT PERMIT AGREEMENT BETWEEN CITY OF CULVER CITY AND ANDERSEN ENVIRONMENTAL INSURANCE REQUIREMENTS Pol[cyRequirements. Property Owner shall submit duly executed certificates of insurance for the following: 1. An occurrence based Comprehensive General Liability ("CL') policy, at least as broad as ISO Form CG 0001, in the minimum amount of One Million Dollars ($1,000,000) each occurrence, with not less than Two Million Dollars ($2,000,000) in annual aggregate coverage. The CGL Policy shall have the following requirements: a. The policy shall provide coverage for personal Injury, bodily Injury, death, accident and property damage and advertising injury, as those terms are understood in the contextOf a CGL policy. The coverage shall not be excess or contributing with respect to City's self-insurance or any pooled risk arrangements; b. The policy shall provide $1,000,000 combined single limit coverage for owned, hired and non-owned automobile liability; c. The policy shall include coverage for liability undertaken by contract covering, to the maximum extent permitted by law. Property Owner's obligation to indemnify the Indemnitees as required under Paragraph 9 of this Agreement; cf. The Policy shall not exclude coverage for Completed Operations Hazards; and e. The City of Culver City, members of its City Council, its boards and commissions, officers, agents, and employees will be named as an additional insured in an endorsement to the policy, which shall be provided to the City and approved by the City Attorney_ EXH1B1T 13 to ENCRQACHIV1ENT PERMIT AGREEMENT CITY OF CULVER CITY AND AE INCORPORATED Page 1 or 2 2. Workers Compensation limits as required by the Labor Code of the State of California with Employers' Liability limits of One Million - Dollars ($1,000,000.00) per accident, if the Agreement will have Property Owner employees using the Subject Property. B. Waiver by Citv. City may waive one or more of the cover - ages listed in Section A, above. This waiver must be express and in writing, and will only be made upon a showing by the Property Owner that its operations in and with respect to City are not such as to impose liability within the scope of that particular coverage. C. Additional Insurance Requirements. 1. All insurance listed in Paragraph A shall be issued by companies licensed to do business in the State of California, with a claims paying ability rating of "BBB" or better by S&P (and the equivalent by any other Rating Agency) and a rating of A:Vil or better in the current Best's Insurance, Reports; 2. Property Owner shall provide City with at least thirty (30) days prior, written notice of any modification, reduction or cancellation of any of the Policies required in Paragraph A, or a minimum of ten (10) days notice for cancellation due to non-payment 3. City may increase the scope or dollar amount of coverage required under any of the policies described above, or may require different or additional coverages, upon prior written notice Property Owner. , Ir.1-11BIT fo ENCROACHN1EriT PERMIT AGREEMENT CITY OF C DINFR CITY AND AE INCORPORATED Page 2 of 2 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2012-R A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF OCEAN DRIVE FROM THE EAST SIDE OF OVERLAND AVENUE EXTENDING APPROXIMATELY 110 FEET EAST TO ITS EASTERLY TERMINUS, AND SETTING THE MATTER FOR PUBLIC HEARING. WHEREAS, the City of Culver City intends to vacate a portion of Ocean Drive as dedicated and accepted by documents recorded in Book 146 on page 8 in the Official Records of the Office of Los Angeles and also illustrated on a map on file in the Office of the City Clerk as more particularly described on Exhibit "A" and illustrated on Exhibit "B" attached hereto and by reference made a part hereof; arid WHEREAS, the California Streets and Highways Code provides for and requires the adoption of a resolution giving notice and establishing a date for a public hearing on the proposed vacation of public right-of-way. NOW, THEREFORE, the City Council of the City of Culver City, California, DOES HEREBY RESOLVE as follows: 1. The City Council elects to proceed under the provisions set forth in Streets and Highways Code §§8300, et seq., and hereby declares its intention to vacate that portion of Ocean Drive set forth hereinabove, as more particularly described and illustrated on Exhibits "A" and "B", attached hereto and by reference made a part hereof (the "Subject Property"). 2. Notice is hereby given that a Public Hearing is scheduled to be held at the Mike Balkman Council Chambers, 9770 Culver Boulevard, Culver City, California, on March 5, 2012 at 7:00 p.m. or as soon thereafter as the matter may be heard. All i0 -1- ATTEST: MARTIN R. COLE, City Clerk I 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 interested persons, prior to the conclusion of the Public Hearing, shall be afforded the opportunity to submit oral or written objections to the proposed vacation and abandonment of the Subject Property and show cause why the Subject Property should not be vacated. 3. At least two weeks prior to the Public Hearing, the Culver City Public Works Director/City Engineer or designee shall cause at least three notices of the adoption of this Resolution to be conspicuously posted along the Subject Property, which notices shall be placed not more than 300 feet apart. Such notices shall identify the Subject Property proposed to be vacated and shall state the date, tinie and place of the Public Hearing on said matter before the City Council 4. The City Clerk is hereby directed to give notice of the Public Hearing by causing this Resolution, or summary thereof, to be published for at least two consecutive weeks prior to the Public Hearing. APPROVED and ADOPTED this day of 2012. MICHEAL O'LEARY, MAYOR City of Culver City, California APPROVED AS TO FORM: Al2-00038 II -2- CONTAINING 6,647 SQ. FT. EXHIBIT A STREET VACATION ALL THAT PORTION OF OCEAN DRIVE 60 FEET AND VARIABLE WIDTH AS SHOWN ON MAP OF TRACT NO. 10025, IN THE CITY OF CULVER CITY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 146, PAGE 8 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING NORTHEASTERLY OF THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF OVERLAND AVENUE 100 FEET WIDE AS SHOWN ON SAID MAP OF TRACT NO. 10025 AND LYING SOUTHWESTERLY OF THE NORTHWESTERLY PROLONGATION OF THE NORTHWESI ERLY LINE OF THE SOUTHWESTERLY 10 FEET OF THAT CERTAIN ALLEY AS SHOWN ON SAID TRACT NO. 10025 VACATED BY DEED RECORDED FEBRUARY 4,1974 AS INSTRUMENT NO. 2885, OF OFFICIAL RECORDS. I EXHIBIT B AREA TO BE VACATED 20 FOOT WIDE ALLEY VAC. PER RESOLUTION NO. CS-6q 65, REC. 2-04-74 INST. No. 2885 PoR. 15.57121 ACRE TRACT TO RAMONA DE MACHADO BY DECREE OF PARTITION IN CASE NO. 2722 LOT 24 LOT 25 LOT 26 ALLEY VAC. PER RESOLUTION NO. .C6-6465. REC. 02-04-74 INST. NO 2885 • LOT 27 \C3 DAM 0719 41 EXHIBIT OCEAN DRIVE PRNEDMat 11-131 tM723 DR/WIED BY; siarm I GFI IACOBELLIS & ASSOCIATES, INC. PRCFESSIONILLAND MORS SLAVE'S MONISM. PHDTCCIRAECETRY MS Tama Avenue Sit 151:1, Nerlir* 04 11316 Mt DI1-6I64202 Fmc $18-366- 11-613 LINE TABLE LINE BEARING DISTANCE N34•28001Y 20.93' L2 109.1208T 20,84' L3 N34'2800W 10.67' L4 N67•56'40'E 20. 118' L5 N39`12`08E 11. 110 — L6 N5r57'52'W ;1,80' L7 N3 4°2800V 12.47' L8 N67•56 .140E 31.53' ,N3 431268E 8.84' L10 N3q12'08'E 55.74'