012263.0023 4891-6627-0006.1 Building Permit/Project Improvement Agreement Page 1 of 15 Form 6.1 (02/15)
AGREEMENT
PROJECT IMPROVEMENT
AGREEMENT FOR NAPA VALLEY COLLEGE TRANSMISSION MAIN RELOCATION Project No. ENG22-0004
This Project Improvement Agreement (this “Agreement”) is made by and between the City of Napa, a California charter city in the County of Napa, State of California, (the “City”), Martin Napa SH Developer LLC, a Delaware limited liability company (“Development Manager”) and the Napa Valley Community College District, a California community college district (the “District”) effective as of the Effective Date identified on the signature page.
RECITALS
A. District owns that certain real property known as Napa County Assessor’s Parcel Number 046-450-054 (“Property”).
B. District intends to construct approximately 280 units of affordable student rental housing on the Property (the “Project”) through a public-private-partnership (“P3”) transaction structure under Education Code sections 81390 et seq. The District entered into a Ground Lease and a Coordination Agreement with NCCD – Napa Valley Properties (“NCCD”) under which NCCD contracted with Martin Napa SH Developer, LLC as Development Manager for the development and construction management of the Project. Development Manager entered into a General Construction Contract with CBG Building Company LLC to construct the Project.
C. The Property is subject to an Agreement and Grant of Easement dated February 14, 1951 by and between the City and District and recorded in the Official Records of Napa County at Book 436 Page 234 (“1951 Easement”). The 1951 Easement grants the City the right to use the easement area described and depicted in Exhibit “A” attached hereto and incorporated herein by reference (“1951 Easement Area”) for the purposes of constructing, installing, maintaining, repairing, replacing and operating a water line and related facilities.
D. The 1951 Easement Area contains an existing 24” steel transmission main approximately 6,200 feet in length owned and operated by the City (“Existing Transmission Main”).
E. As part of the Project, approximately 420 ft of the City’s Existing Transmission Main (“Abandoned Portion of Existing Transmission Main”) will be removed and replaced with a new 24” fusible C900 DR 18 pipe (“New Transmission Main”) to be installed in the area identified in Exhibit “B” attached hereto and incorporated herein by reference (“New Water Line Easement Area”) in accordance with the Improvement Plans (defined in Section 3 below) (collectively, “Water System Improvements”).
F. This Agreement sets forth the terms and conditions for completion of the Water System Improvements.
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, the parties hereto mutually agree as follows:
1. Construction Obligation: Development Manager agrees, at no cost to City, to cause the Water System Improvements to be completed in accordance with the Improvement Plans (defined in Section 3 below) and the terms set forth herein.
2. Easements and Permits:
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012263.0023 4891-6627-0006.1 Building Permit/Project Improvement Agreement Page 2 of 15 Form 6.1 (02/15)
(a) Development Manager shall, at no cost to City, obtain all necessary permits, including encroachment permits and licenses for the completion of the Water System Improvements;give all necessary notices; and pay all fees.
(b) District shall, consistent with the requirements of Education Code sections 81310 et seq., at no cost to City, either, (i) grant to City a 20- foot water line easement over, under, within and through the New Water Line Easement Area for City’s operation and maintenance of the New Transmission Main in a form approved as to substance by the City’s Utilities Director and as to form by the City’s City Attorney; (ii) amend the 1951 Easement to conform to the New Water Line Easement Area; or (iii) or execute such other documents as is necessary to provide City with rights of access to, and use of, the Existing Transmission Main and New Transmission Main in a form approved as to substance by the City’s Utilities Director and as to form by the City’s City Attorney.
Any property interest that District grants to City pursuant to this subsection shall include the following language: “The City has the right to access and use the water line easement for the purposes of constructing, installing, maintaining, repairing, replacing or otherwise taking any actions that the City reasonably believes are necessary or prudent for the safe operation of the City water facilities.
Notwithstanding anything to the contrary set forth herein, the City shall not be responsible for replacing or repairing any surface or above-ground improvements within the water line easement area that may be disturbed or damaged as a result of reasonable City work in such areas, including but not limited to bioretention facilities, sidewalk, curb/gutter, other utilities including joint trench and irrigation, signing/striping, decorative pavement/pavers/concrete, or landscaping, except as set forth herein.
Notwithstanding anything to the contrary set forth herein, the City’s sole responsibility for repairing water trenches in hardscaped areas is limited to compliance with the City’s then-current water trench detail standard (City Std. W-13A as of 2022), as may be amended, matching the depth of the existing asphalt concrete up to maximum of 4-inches. Notwithstanding anything to the contrary set forth herein, the City’s sole responsibility for repairing water trenches within landscaped areas or storm drain features is limited to compliance with the City’s then-current water trench detail standard (City Std W-13A as of 2022), as may be amended, excluding asphalt concrete.”
If the property interests granted by the District to the City in accordance with the requirements of this Section 2 require abandonment of the 1951 Easement, or a portion thereof , the City will commence proceedings to abandon all or a portion of the 1951 Easement.
3. Performance of the Work:
(a) The work on the Water System Improvements shall be performed in a workmanlike and professional manner, in accordance with all requirements of State and local law, including the Napa Municipal Code, Public Works and other City Standard Plans and Specifications, or any subsequent revisions of the same, and according to the plans and specifications approved by the City on _____________, prepared by BKF Engineers, entitled “Napa Valley College Highway 221 Water Transmission Main Upgrade” consisting of 14 sheets (“Improvement Plans”), including all details and notes shown on thereon.
(b) The Existing Transmission Main (except for the Abandoned Portion of the Existing Transmission Main) shall be protected in place and appurtenances at all times, including when no work is occurring, such as nights and weekends, until the New Transmission Main has been completed and accepted by City in accordance with Section 15.
(c) Written approval from the City’s Utilities Director of backfill and materials to be installed in connection with the New Transmission Main will be obtained prior to purchasing such backfill and materials, which shall not be unreasonably withheld or delayed.
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012263.0023 4891-6627-0006.1 Building Permit/Project Improvement Agreement Page 3 of 15 Form 6.1 (02/15)
(d) The Existing Transmission Main shall be taken out of service only between November 1 through April 30 (excluding March 5 through April 2) unless the Utilities Director, in his sole and absolute discretion, determines that system demand and supply will allow for the Existing Transmission Main to be taken out of service outside of the November 1 through April 30 time frame.
(e) Due to the critical nature of the Existing Transmission Main to supply water to the City, the Development Manager or its designee shall coordinate with the Utilities Department prior to taking the Existing Transmission Main out of service to perform the Water System Improvements. The parties shall provide the following notifications prior to taking the Existing Transmission Main out of service:
(1) Twenty (20) working days prior – Development Manager or its designee shall provide the City with a written schedule for taking the Existing Transmission Main out of service, along with the planned duration of outage.
(2) Ten (10) working days prior – Development Manager or its designee shall provide the City with written confirmation of the date on which the Existing Transmission Main will be taken out of service. Development Manager shall also cause its contractor to submit a list to City of all materials, equipment and supplies necessary to complete the work sufficient to reinstate flow to the City’s water system.
(3) Four (4) working days prior – Development Manager or its designee shall provide written confirmation of the date on which the Existing Transmission Main will be taken out of service.
(4) Forty-eight (48) hours prior – City shall, after physical inspection, provide Development Manager with written confirmation that all supplies, materials and equipment are procured and available onsite.
(5) Twenty-four (24) hours prior –Development Manager or its designee shall receive written confirmation from the City that the Existing Transmission Main may be taken out of service.
(f) If Development Manager fails to provide the notifications or receive the written approvals described above, the schedule for taking the Existing Transmission Main out of service may be delayed and any additional costs resulting from such delay shall be borne solely by the Development Manager.
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012263.0023 4891-6627-0006.1 Building Permit/Project Improvement Agreement Page 4 of 15 Form 6.1 (02/15)
(g) Notwithstanding anything to the contrary set forth herein, the City may, in its sole and absolute discretion, delay approval of District’s request to take the Existing Transmission Main out of service until the Utilities Director determines that the Existing Transmission Main can be taken out of service without detrimental impact to the City’s water delivery system or its customers. The Parties acknowledge that the Project is affordable student housing and maintaining the construction schedule is critical to delivering the Project in time for the start of the ‘24- ‘25 academic year. The Parties will meet and confer to minimize schedule impacts in the event of any delays in approval.
(h) Development Manager shall keep the 1951 Easement Area clean and free of all building materials or stockpiles as reasonably possible during the course of Project construction.
The Parties do not anticipate stockpiling materials on the 1951 Easement Area, however, temporary placement of materials may occur during the course of construction with prior written approval from the City’s Utilities Director.
4. Modifications: Development Manager reserves the right to modify the Improvement Plans should unforeseen conditions occur, provided written approval is first obtained from the City’s Utilities Director. City also reserves the right to make or require reasonable modifications to the Improvement Plans whenever field conditions and/or public safety require such modifications. Development Manager shall pay the City for all costs including, without limitation, plan check and inspection costs resulting from any modifications to the Improvement Plans, whether such modifications are requested by the Development Manager or City. Development Manager shall provide personal supervision of the work on the improvements or have a competent contractor, foreman or superintendent providing such supervision and having authority to act for Development Manager.
5. Compliance and Inspection: Construction of the Water System Improvements shall be performed in compliance with Section 3. All Water System Improvements shall be inspected by City for compliance with the Improvement Plans, the Napa Municipal Code, the City’s Standard Plans and Specifications and the terms set forth herein prior to acceptance by the City. Concurrent with the execution of this Agreement, Development Manager shall pay to City the sum of $______________ to cover the costs of inspection.
6. Access to Work: Development Manager shall allow City’s duly authorized representatives access to the work at all times and shall furnish them with every reasonable facility for ascertaining that the methods, materials, and workmanship comply with the requirements and intent of the approved plans.
Development Manager is required to give at least one day’s advance notice of the date upon which work is commenced and the date upon which the work is to be completed. City may reject defective work and require its repair, replacement, or removal by Development Manager, all at no expense to City.
7. Access to Transmission Mains: District agrees to maintain access to the Existing Transmission Main, and once in service, the New Transmission Main so that the City may access and service the Existing Transmission Main and New Transmission Main at any time to perform maintenance or make repairs or improvements. District shall not permit construction or backfill materials to be stockpiled on top of the Existing Transmission Main or New Transmission while they are in service so that the mains remain accessible to the City, unless otherwise approved by the City's Utilities Director or designee in writing.
8. District Not Agent of City: Neither District nor any of District’s agents or contractors are or shall be considered to be agents of City in connection with the performance of District’s obligations under this Agreement.
9. Development Manager Responsibility for Work: Until such time as the Water System Improvements are accepted by City in accordance with Section 15, Development Manager or District’s Project Partners shall be responsible for and bear the risk of loss to any of the Water System Improvements, and Development Manager or District’s Project Partners will be responsible for the care and maintenance of the Water System Improvements, as well as any repairs or reconstruction to remedy any damage to such
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012263.0023 4891-6627-0006.1 Building Permit/Project Improvement Agreement Page 5 of 15 Form 6.1 (02/15)
improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, happening or occurring to the work or the Water System Improvements prior to the completion and acceptance of Water System Improvements by the City, except to the extent such damage is the result of City’s gross negligence or willful misconduct. Development Manager shall also have complete and sole responsibility for the health and safety condition on the property; City shall not have control over, charge of, or responsibility for the work or safety means, methods, techniques, or procedures which shall be the responsibility of and are hereby assumed by Development Manager. Development Manager at all times shall be responsible for, bear the risk of loss, to care for and maintain any improvement which will not be dedicated to and accepted by City. As used herein, “District Project Partners” shall mean third parties that may bear liability or responsibility for the Project pursuant to those agreements governing the P3 and the Project.
10. Development Manager’s Obligation to Warn Public: Until City’s final acceptance of the Water System Improvements, Development Manager shall give good and adequate warning to the public of each and every potentially dangerous condition known to Development Manager which exists in the Water System Improvements, and will take all reasonable actions to protect the public from such condition(s).
11. Sale or Disposition of Project: District is the owner of the Property or owner has also executed this Agreement to indicate consent to the terms herein. The sale or other disposition of the Property will not relieve such parties from the obligations set forth herein. If the Property is sold to any other person, the District may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the District may obtain a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the District of the obligations under Paragraphs 23 and 24 for the work or Water System Improvements done by or on behalf of District.
12. Improvement Security: In order to ensure full and faithful performance of this Agreement, Development Manager shall file with this Agreement the following security in the type and amounts specified (“Improvement Security”):
(a) Faithful performance security in the sum of $_______________ to cover all costs of the Water System Improvements.
(b) Labor and materials security in the sum of $______________ to ensure payment in full of all persons, firms and corporations who perform labor or furnish materials for work done on the Water System Improvements.
13. Form of Security: All Improvement Security and Warranty Security shall be of a type specified in Government Code §66499(a)(1), (2), or (3) and must be satisfactory to and be approved by the Utilities Director as to substance and the City Attorney as to form. In conjunction with the submittal of bonds, the Development Manager shall furnish the following information:
(a) The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bonds to do so; and
(b) A certificate from the Clerk Napa County that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended, or in the event that it has, that renewed authority has been granted.
Certificates of deposit shall not be deemed to be satisfactory security unless such certificates provide that the City is the owner of record of such funds. The City shall be the sole indemnity named on any instrument required by this Agreement. In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees including attorney’s and expert’s fees incurred in enforcing the obligation secured.
14. Reserved.
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012263.0023 4891-6627-0006.1 Building Permit/Project Improvement Agreement Page 6 of 15 Form 6.1 (02/15)
15. Notice of Completion; Acceptance of Improvements:
(a) After Development Manager (1) completes the Water System Improvements in accordance with the Improvement Plans and the terms and conditions of this Agreement, and (b) repairs any private or public property damaged as a result of the Water System Improvements, or pays the full cost of such repair to the owner whose property was damaged, and obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Development Manager or to whom Development Manager paid the full cost of such repair, Development Manager will provide the Utilities Director or designee with a written notice of completion, together with copies of all written acceptances as described in this Subsection and the executed maintenance agreement and security required by Section 16 (collectively, “Notice of Completion”).
(b) No Water System Improvements shall be accepted by the City unless and until they are free of all liens and encumbrances, and free of all material defects and conditions which may create a hazard to the public health, safety, or welfare and until Development Manager has set and established any required survey monuments. In addition, the New Water Line Easement and all other properties, rights-of- ways, easements, and other interests to be dedicated to the City shall be, before acceptance thereof by the City, free and clear of all liens and encumbrances of any kind or character whatsoever and free of any and all material defects and conditions creating a hazard to public health or public safety.
(c) Within 5 business days following the City’s receipt of Development Manager’s Notice of Completion, City will inspect the Water System Improvements in accordance with Section 5. If the Utilities Director or designee determines that the Water System Improvements have been completed in accordance with this Agreement, the Utilities Director will provide Development Manager with written notice of acceptance of the Water System Improvements (“Notice of Acceptance”). If the Utilities Director or designee determines that the Water System Improvements have not been completed in accordance with this Agreement which determination shall be made within 5 business days after the inspection of the Water System Improvements, the Utilities Director or designee will list the deficiencies that must be corrected to find the Water System Improvements complete and satisfactory. The Development Manager shall thereafter correct such deficiencies and provide the City with a new Notice of Completion and such inspections and determinations shall thereafter be made within the time frames provided in this Section 15(c). If the Utilities Director or designee determines that the Water System Improvements have been completed in accordance with this Agreement, the Notice of Acceptance shall be delivered within 10 business days after such determination.
(d) City shall not be deemed to have accepted the Water System Improvements until all of the following have occurred: (1) Development Manager has provided City with a Notice of Completion; (2) City has inspected the Water System Improvements in accordance with Section 5; (3) District has granted to City the property interests required by Section 2; (4) City has provided Development Manager with a Notice of Acceptance; and Development Manager or District have provided the Warranty Security required by Section 16.
16. Guarantee and Security: Development Manager guarantees that the Water System Improvements shall be free from defects of materials or work quality and shall perform satisfactorily for a period of at least two (2) years from acceptance of the Water System Improvements by City in accordance with Section 15 (“Warranty Period”).Within thirty (30) days of a written notice from the City’s Utilities Director, the Development Manager, shall repair or cause to be repaired to the reasonable satisfaction of the Utilities Director any defects in any Water System Improvements and replace any defective Water System Improvements which cannot be repaired and which occur or arise within the Warranty Period at Development Manager’s own expense. All applicable provisions of this Agreement, including the City’s inspection and final acceptance of the Water System Improvements shall govern any work performed by Development Manager or District pursuant to this Section 16.
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012263.0023 4891-6627-0006.1 Building Permit/Project Improvement Agreement Page 7 of 15 Form 6.1 (02/15)
Prior to acceptance of the Water System Improvements by the City, Development Manager or District shall execute and deliver to the City a security bond or other security instrument approved as to substance by the Utilities Director and as to form by the City Attorney in the sum of _________________________ Dollars ($________________) in favor of the City to guarantee the repair and replacement obligations set forth in this Section 16 during the Warranty Period (“Warranty Security”)..
Should Development Manager or District fail to repair or replace any defective Water System Improvements in accordance with this subsection, or should the City determine that the public health or safety requires repairing or replacing the Water System Improvements before the Development Manager or District can be notified or adequately respond, City may, at its option, make the necessary repairs or replacements or contract for the necessary work, and Development Manager shall pay to City the actual cost of such repairs, including all administrative expenses (including the fully burdened overhead rate for City staff time) incurred by City within thirty (30) days following receipt of an invoice from the City detailing such costs.
17. Exoneration of Surety:
(a) Improvement Security. City shall not be required to exonerate any surety, release any Improvement Security or, if applicable, issue occupancy permits until acceptance of the Water System Improvements by the City in accordance with Section 15. In addition, release of Improvement Security, exoneration of sureties and, if applicable, issuance of occupancy permits will be predicated upon the receipt by City of the Warranty Security as well as payment of all outstanding fees and reimbursements due City.
(b) Warranty Security. City will release the Warranty Security upon the later of 30 days following (a) the expiration of the Warranty Period or (b) Development Manager’s or District’s satisfaction of the warranty obligations in Section 16 to the reasonable satisfaction of the Utilities Director.
18. Fees: In addition to the fees for inspection set forth above, Development Manager shall pay all required City fees at the rates in effect at the time payment is made.
19. Reserved.
20. Default of Development Manager: Default of District or Development Manager shall include, but not be limited to, Development Manager’s failure to complete the Water System Improvements in accordance with the terms of this Agreement; Development Manager’s failure to timely cure any defect in the Water System Improvements; Development Manager’s failure to perform substantial construction work for a period of twenty (20) calendar days after commencement of the work absent unforeseen conditions; Development Manager’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Development Manager fails to discharge within thirty (30) days; the commencement of a foreclosure action against the Development Manager or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or District’s or Development Manager’s failure to perform any other obligation under this Agreement. City shall provide written notice to District and Development Manager of any default of District or Development Manager hereunder and District or Development Manager shall have ten days to cure such default unless the default is of a nature requiring more than ten days to cure, in which case, District or Development Manager shall have additional time to cure such default after the expiration of the ten day period, but only if District or Development Manager had commenced to cure within such ten day period and thereafter diligently pursues such cure to completion
21. Remedies in Event of a Default: In the event of Development Manager’s or District’s default beyond the applicable notice and cure periods set forth in Section 20:
(a) City reserves to itself all remedies available to it at law or in equity. Any remedies specified herein are in addition to and not in lieu of other remedies available to City. Development Manager agrees that City has full discretion in choosing the remedy or remedies to pursue and that the failure of City to take enforcement action shall not be construed as a waiver of that or any subsequent default or breach.
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012263.0023 4891-6627-0006.1 Building Permit/Project Improvement Agreement Page 8 of 15 Form 6.1 (02/15)
(b) Development Manager, District, the surety and any person, firm, partnership, entity, corporation, or association claiming any interest in the Property and each of them shall totally reimburse City for its reasonable costs and expenses (including reasonable attorneys fees and costs) including interest thereon at the maximum rate allowed by law from the date of notification of such cost and expense until paid. Such obligation for reimbursement shall not be limited by the amount of the estimates set forth or by such security as may have been provided to City in connection with this Agreement.
(c) City may enter onto the Property, take over the work and prosecute the same to completion by contract or any other method City deems advisable, and, in such event, City, without liability for so doing, may take possession of and utilize in completing the work, such materials, appliances, plant and other property belonging to Development Manager or District which may be on the site of the work and for the necessary performance of the work.
(d) If applicable, City may record a Notice of Violation against the Property and withhold or revoke all building, zoning and occupancy permits.
22. Hold Harmless: The Development Manager and District shall be solely responsible and save City harmless for all matters relating to the payment of Development Manager employees and agents, including compliance with social security, withholding and all other regulations governing such matters.
23. Indemnification: To the full extent permitted by law, Development Manager and District agrees to indemnify, defend, release and save harmless City, its elected and appointed officials, officers and employees from and against any and all claims, suits, liabilities, actions, damages, penalties or causes of actions by any person including District, owner, their employees and agents for (a) any personal injury, death, or damage to property arising out of or in connection with Development Manager’s performance of its obligations under this Agreement ; and (b) any failure to comply with all applicable laws and regulations in performing its obligations under this Agreement, including, without limitations, any requirement regarding payment of prevailing wages. This indemnification shall extend, without limitation, to injuries to persons and damages or taking of property resulting from the design or construction of the Water System Improvements and to adjacent property owners as a consequence of diversion of waters or design or construction of public drainage systems, streets or other public projects or arising from the absence of the described improvements. Development Manager shall so indemnify City regardless of City’s passive negligence, City’s approval of plans or City’s inspection, approval or acceptance of the Water System Improvements and notwithstanding any limitation on the amount or type of damages or compensation payable by or for Development Manager under Workers’ Compensation, disability, or other employee benefit acts, the acceptance of insurance certificates required under this Agreement, or the terms, applicability, or limitations of any insurance held by Development Manager. The provisions of this paragraph shall continue to bind the parties after City’s acceptance/approval of the Water System Improvements.
24. Insurance: Without limiting Development Manager’s indemnification provided herein, Development Manager shall take out and maintain at all times during the life of this contract the following policies of insurance with insurers (if other than the State Compensation Fund) with a current A.M. Best’s rating of no less than A:VII, or its equivalent, against injury to persons or damage to property which may arise from or in connection with the performance of work hereunder by Development Manager, its agents, employees or subcontractors:
24.1 Workers’ Compensation. Workers’ Compensation with statutory limits as required by the California Labor Code, and; Employer’s Liability insurance on an “occurrence” basis with a limit of not less than $1,000,000. The workers’ compensation policy shall contain or be endorsed to contain a waiver of subrogation against the City, its officials, officers, agents, and employees.
24.2 General Liability Policy. Commercial General Liability Insurance (CGL) at least as broad as CG 00 01, covering premises and operations and including but not limited to, owners and contractors protective, product and completed operations, personal and advertising injury and contractual liability coverage with a minimum per occurrence limit of $5,000,000 covering bodily injury and property
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012263.0023 4891-6627-0006.1 Building Permit/Project Improvement Agreement Page 9 of 15 Form 6.1 (02/15)
damage; General Aggregate limit of $5,000,000; Products and Completed Operations Aggregate limit of $5,000,000 and Personal & Advertising Injury limit of $5,000,000, written on an occurrence form. If the Services involve explosive, underground or collapse risks, XCU will be included. If a general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement or the general aggregate will be twice the required occurrence limit.
24.3 Automobile Liability Policy. Automobile liability insurance with coverage at least as broad as ISO Form numbers CA 0001 06 92, Code 1 (any auto), covering use of all owned, non-owned, and hired automobiles and all vehicles used in the performance of this Agreement with minimum coverage of not less than $1,000,000 per accident, combined single limit for bodily injury and property damage liability.
24.4 Endorsements. The CGL and automobile liability policies will contain or be endorsed with the following provisions:
24.4.1. The City, its officers, elected or appointed officials, employees, volunteers, and agents, are covered as additional insureds for liability arising out of the operations performed by or on behalf of the Development Manager. The coverage will contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, volunteers, and agents.
24.4.2. The Development Manager’s insurance is primary and non-contributory with respect to all obligations assumed by Development Manager pursuant to this Agreement or any other services provided. Any insurance carried by City shall not contribute to, or be excess of insurance maintained by Development Manager, nor in any way provide benefit to the Development Manager, its affiliates, officers, directors, employees, subsidiaries, parent company, if any, or agents.
24.4.3. The inclusion of more than one insured will not operate to impair or limit the rights of one insured against another, and the coverage will apply as though separate policies have been issued to each insured.
24.5. All Policies.
24.5.1. For all insurance policies required under this Agreement, prior to City’s execution of this Agreement, the Development Manager will furnish the City with certificates and original endorsements effecting the required coverage. Each certificate of insurance will state that the coverage afforded by the policy or policies will not be reduced, cancelled, or allowed to expire without at least 30 days written notice to City, unless due to non-payment of premiums, in which case at least 10 days written notice is required. Notice required under this subsection will be sent by certified mail. Each required policy will include an endorsement providing that the insurer agrees to waive any right of subrogation it may have against the City. The endorsements will be on forms provided by City or as approved by City’s Risk Manager.
24.5.2. Any deductible or self-insured retention of $100,000 or more will be disclosed to the City prior to City’s execution of this Agreement and is subject to approval by the City.
24.5.3. If Development Manager does not keep all required insurance policies in full force and effect, the City may, in addition to other remedies under this Agreement, terminate or suspend this Agreement.
The coverage types and limits required pursuant to this Agreement shall in no way limit the liability of the Development Manager.
24.6 Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the requirements stated herein.
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012263.0023 4891-6627-0006.1 Building Permit/Project Improvement Agreement Page 10 of 15 Form 6.1 (02/15)
24.7 In the event the City has agreed to allow the general contractor to provide the required insurance, Development Manager shall provide City with a letter naming such contractor. Work on the project may then only continue as long as that general contractor is engaged as the general contractor on the job. No other general contractor may be substituted unless and until a letter naming the new general contractor is provided to City along with the necessary evidence of all required insurance.
25. Recordation: By recordation of this Agreement or a memorandum hereof, it is the parties’ intent to provide notice to future purchasers that the obligations and benefits set forth herein shall run with the land. At its option City may record the Agreement or memorandum. If this Agreement or a memorandum hereof is recorded, the City will deliver a release or termination in recordable form of the obligations under this Agreement upon expiration of the Warranty Period provided that District and Development Manager have complied with all requirements set forth herein.
26. Reference: Any reference to a department manager shall include his or her duly authorized deputy or representative.
27. Reserved:
28. General Provisions:
(a) Headings. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.
(b) Severability. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.
(c) Governing Law, Jurisdiction, and Venue. The interpretation, validity, and enforcement of this Agreement shall be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Napa.
(d) Attorney’s Fees. In the event any legal action is commenced to enforce or interpret this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred, whether or not such action proceeds to judgment.
(e) Modifications. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.
(f) Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
(g) Time. Time is of the essence in carrying out the duties hereunder.
(h) Entire Agreement. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services described herein. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.
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012263.0023 4891-6627-0006.1 Building Permit/Project Improvement Agreement Page 11 of 15 Form 6.1 (02/15)
(i) Each Party’s Role in Drafting the Agreement. Each party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, no party shall rely upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement.
[Signatures on following page.]
ATTACHMENT 1
012263.0023 4891-6627-0006.1 Building Permit/Project Improvement Agreement Page 12 of 15 Form 6.1 (02/15)
29. Counterparts. This Agreement may be executed in counterparts, each one of which is deemed an original, but all of which together constitute a single instrument.
30. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Development Manager, District and the City.
IN WITNESS WHEREOF, Development Manager, District and City have hereunto caused their hands to be subscribed through their duly authorized officers:
CITY: DISTRICT:
City of Napa, a California charter city Napa Valley Community College District, a California community college district
By: _________________________________
Phil Brun, Utilities Director
By: ___________________________________
______________________
“Effective Date”
COUNTERSIGNED: ___________________________________
_________________________________
Joy Riesenberg, City Auditor
APPROVED AS TO FORM:
_________________________________
Michael W. Barrett, City Attorney
MARTIN NAPA SH DEVELOPER LLC,
a Delaware limited liability company
By: ___________________________
Name: Stephen Siri
Title:
ATTACHMENT 1
012263.0023 4891-6627-0006.1 Building Permit/Project Improvement Agreement Page 13 of 15 Form 6.1 (02/15)
EXHIBIT “A”
1951 Easement Area
ATTACHMENT 1
EXHIBIT A
ATTACHMENT 1
EXHIBIT A
ATTACHMENT 1
EXHIBIT A
ATTACHMENT 1
EXHIBIT A
ATTACHMENT 1
EXHIBIT A
ATTACHMENT 1
EXHIBIT A
ATTACHMENT 1
012263.0023 4891-6627-0006.1 Building Permit/Project Improvement Agreement Page 14 of 15 Form 6.1 (02/15)
EXHIBIT “B”
Location of New Transmission Main
ATTACHMENT 1
35 35
35 3433
3334 36
34 36
37 3833
33 37
32 X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X OH
OH
OH
OH
OH
OH
OH
OH
OH
OH OH OH OH OH OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
25 30
35 23
23 24
26 27
28 29
31 32
33 34
36 UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
E E E E E
E E E E
E
E E
E E
E E E
E E
E E
E E
E
E
E
E
E
E
E
E
E
W W W W W W W W W W W W W W W W W W W W W W W W W W W W W EX 24" W (DEMOED)
WV
WETLANDS LIMIT
JT JT JT JT JT JT JT JT
JT JT JT
JT
JT
JT
JT
JT
JT
JT
JT
JTJTJT
JT
JT
JT
JTJTJT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT JT JT
JT
JT
JT
JT
JT
DS
DS
4 CO
CO
COCO
CO
CO
CO
CO
CO
CO
CO
CO
1 1+00
1+50
2+002+50
3+00
3+50
7' (W) x 8' (H) x 1' (D)
CONCRETE WINGWALL
PER DETAIL 1 & 2/C2.3
45° ELBOW FITTING (TYPICAL)
SEE DETAIL 4/C2.7
UNKNOWN UTILITY CROSSING
SEE NOTE 2
W
W
W
W
W
WWWWWWWWWW
W
W
W
W
W
W
W
W
W
W
W
119.03'
101.73'
45° ELBOW FITTING (TYPICAL)
AND THRUST BLOCK
SEE NOTE 12 AND DETAILS
4/C2.7 AND 2/C2.3
6.54'
5.08'
5.01'
7.19'
NAPA VALLEJO HIGHWAY
STATE HIGHWAY 221
39.24'
(EX) WATER VALVE
TO BE REMOVED
SEE NOTE 3
SEE WATER MAIN
TIE-IN DETAIL 5/C2.7
(EX) 24" STL WATER
TRANSMISSION MAIN
TO BE REMOVED
SEE NOTE 3
NEW 24" FUSIBLE C905
PVC SDR18 WATER
TRANSMISSION MAIN
PER NOTE 6
CALTRANS R/W
CALTRANS R/W
CALTRANS R/W
20.00' PROPOSED
WATER EASEMENT
20.00' PROPOSED
WATER EASEMENT
20.00' PROPOSED
WATER EASEMENT
NEW 24" FUSIBLE C905 PVC SDR18
WATER TRANSMISSION MAIN
PER NOTE 5
10.00'
BEGIN CURVE
STA 2+56.97
END CURVE
STA 3+01.56
R=800'
=44.59'
Δ=3.19°
SEE NOTE 5
/ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / (EX) 24" STL WATER
TRANSMISSION MAIN
TO BE REMOVED
SEE NOTE 3
BV
5.00'
20.00' EXISTING
WATER EASEMENT
TO BE ABANDONED
THRUST BLOCKS
SEE NOTE 12 AND
DETAIL 2/C2.3
BV
INSTALL JCM 440 LINE STOP
(OR APPROVED EQUAL) TO
REDUCE SHUTDOWN TIME
SEE NOTE 13
8" FIRE WATER SERVICE AND REDUCED PRESSURE
BACKFLOW DEVICE PER INCREMENT 1 PACKAGE
SEE DETAIL 2 & 3/C2.9, AND DETAILS 1 & 2/C2.10
6" DOMESTIC WATER SERVICE AND REDUCED PRESSURE
BACKFLOW DEVICE PER INCREMENT 1 PACKAGE
SEE DETAIL 5/C2.8, DETAIL 1/C2.9, AND DETAILS 1 & 2/C2.10
23.00' PROPOSED
WATER EASEMENT
30.00' PROPOSED
WATER EASEMENT
TEMPORARY CONNECTION
TO BE ABANDONED AFTER
CONNECTION TO NEW
TRANSMISSION MAIN
GVGV
WWW
W
W
W
WWWW
W
FW
FW
FW
FWFW
FWFW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
W W W W W W
WV
DS
DS
CO
GV
GVWM
WMGV
GV
RPBFP
RPBFP
WV
CO
FW FW FW
FH
WV
FW FW
W W
FW
FW
FW
W
W
FW
FW
FW
FW
FW
FW
FW
FW
FW
W
W
W
W
W
W
W
W
FW FW FW FW FW
W
W W W
WV
WV
WV
GV
SCALE: 1" = 10' HORIZ.
1" = 2' VERT.
HIGHWAY 221 WATER TRANSMISSION PROFILE
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
0+751+001+251+501+752+002+252+502+753+003+253+50
STA 1+30.93
UTILITY CROSSING
UNKNOWN UTILITY
SEE NOTE 2
STA 1+16
TIE-IN TO (EX) 24" STL WATER
SEE DETAIL 3/C2.8
(EX) GROUND
(PR) GRADE
(EX) 24" STL WATER
TO BE REMOVED
SEE NOTE 3
(PR) 24" FUSIBLE C905 PVC SDR 18
WATER TRANSMISSION MAIN
3' MIN DEPTH
4' TYPICAL DEPTH
REPLACE 16' OF (EX) 24" STL WATER
TRANSMISSION MAIN WITH (PR) 24"
FUSIBLE C905 WATER
SEE NOTE 3
STA 1+73.76
OFFSET 27.75' RT
(EX) WATER VALVE
SEE NOTE 3
BEGIN WATER MAIN
REPLACEMENT
STA 0+00.00
BKF ENGINEERS
1646 N. CALIFORNIA BLVD.
SUITE 400
WALNUT CREEK, CA 94596
(925) 940-2200
www.bkf.com
HIGHWAY 221 WATER TRANSMISSION MAIN UPGRADE
14 20191505
ES
AD
CG
CALIFORNIANAPA COUNTY
05/16/2022
NAPA
NAPA VALLEY COLLEGE
WATER MAIN RELOCATION PLAN AND PROFILE
AS SHOWN
C1.0
2 NOTES
HIGHWAY 221 WATER TRANSMISSION PLAN
SEE SHEET C1.1
1.NEW TRENCHED SERVICE LATERALS
AND HYDRANT LATERALS SHALL BE
INSTALLED 2-FT (MIN) BELOW GROUND
SURFACE TO THE TOP OF PIPE UNLESS
OTHERWISE IDENTIFIED ON THE PLANS.
2.EXISTING UTILITY LOCATIONS AND
DEPTHS ARE APPROXIMATE.
CONTRACTOR SHALL POTHOLE ALONG
THE ALIGNMENT OF THE NEW WATER
MAIN TO VERIFY ALL CROSSING UTILITIES
PRIOR TO ANY WATER MAIN
INSTALLATION AS REQUIRED. UTILITY
DEPTHS SHALL BE TABULATED AND
REPORTED TO THE CITY ENGINEER A
MINIMUM OF 2 WORKING DAYS PRIOR TO
START OF MAIN INSTALLATION.
3.EXISTING 24-INCH STEEL WATER MAIN,
AND ALL EXISTING VALVES, ARV'S,
HYDRANTS, ETC. ON THE EXISTING MAIN
SHALL BE REMOVED AFTER ALL
SERVICES ARE TRANSFERRED AND
CONNECTED TO THE NEW 24-INCH
FUSIBLE C905 WATER MAIN, THE NEW
MAIN IS ACTIVE, AND ALL NEW WATER
FACILITIES ARE INSTALLED AND
FUNCTIONING.
4.EXISTING SANITARY SEWER LATERALS
WILL BE TELEVISED BY NAPA SANITATION
DISTRICT BEFORE AND AFTER THE
WORK. CONTRACTOR IS RESPONSIBLE
FOR PROTECTING LATERALS DURING
CONSTRUCTION AND REPAIRING ANY
DAMAGE TO THE SATISFACTION OF NAPA
SANITATION.
5.CONTRACTOR SHALL INSTALL NEW
24-INCH FUSIBLE C905 PVC SDR-18 PIPE
PER UNDERGROUND SOLUTIONS, INC.
SPECIFICATIONS, OR APPROVED EQUAL.
MINIMUM BEND RADIUS SHALL BE 800-FT.
6.TRACER WIRE (CONNECTED TO PIPE
EVERY 5-FT OF LENGTH) SHALL BE
INSTALLED ALONG ENTIRE LENGTH.
CONTRACTOR SHALL VERIFY
CONNECTIVITY AT THE END OF EACH
PIPE PULL.
7.24-INCH WATER TRANSMISSION MAIN
RELOCATION IS TO CONFORM WITH
GUIDELINES AND REQUIREMENTS PER
THE GEOTECHNICAL REPORT,
"GEOTECHNICAL REPORT:
GEOTECHNICAL INVESTIGATION AND
DESIGN REPORT, DORMITORIES AND
APARTMENTS, NAPA VALLEY COLLEGE,
NAPA, CALIFORNIA" PREPARED BY
TERRA PHASE ENGINEERING ON JULY 10,
2020.
8.ALL DIP PIPE SHALL BE CLASS 350 AND
RESTRAINED FOR THE FULL LENGTH W/
FIELD LOK GASKETS. DIP PIPE AND
FITTINGS SHALL BE COATED PER CITY OF
NAPA STANDARD SPECIFICATIONS.
9.WITH THE EXCEPTION OF LIMITED
INTERRUPTIONS (2 HOURS OR LESS) TO
TIE-IN WATER SERVICES, DISRUPTION OF
WATER SERVICE TO CUSTOMERS SHALL
BE COMPLETED IN ONE NIGHT WITH THE
TIMING BASED UPON THE LEAD TIME OF
THE MATERIALS TO BEGIN THE WORK.
THIS SHUTDOWN TIME ASSUMES
MINIMAL AMOUNT OF WATER NEEDING
TO BE DRAINED FROM THE SYSTEM ON
THE NORTH AND SOUTH SECTIONS OF
THE EXISTING MAIN.
10.GENERALLY, NEW 24-INCH FUSIBLE C905
WATER MAIN SHALL BE INSTALLED WITH
A 5-FT (MIN) OFFSET FROM EXISTING
24-INCH STEEL WATER MAIN AND 5-FT
(MIN) FROM CALTRANS RIGHT-OF-WAY.
11.CONTRACTOR SHALL PHASE USA
REQUESTS SUCH THAT THE MARKINGS
ARE FOR THE ACTIVE OR ALMOST
ACTIVE WORK AREAS.
12.THRUST BLOCKS AND WINGWALLS SHALL
NOT CROSS INTO CALTRANS
RIGHT-OF-WAY AND SHALL BE INSTALLED
A MINIMUM OF 1' AWAY FROM THE
CALTRANS RIGHT-OF-WAY.
13.LINE STOP SHALL BE JCM 440 OR
APPROVED EQUAL. TAP MASTERS OR
THE COMPANY INSTALLING THE LINE
STOP SHALL VERIFY AND PROVIDE A
SUBMITTAL TO THE CITY FOR REVIEW,
THAT THE SADDLE IS THE CORRECT
PRODUCT FOR THE LINE STOP AND FOR
THE EXISTING TRANSMISSION MAIN
MATERIAL.
EXHIBIT B
ATTACHMENT 1
35 35
34 36
37 38
38 33
33 3334 363738
X X X X X X X X X
X
X X
X
X X
X
X X X
X
X X X X X X X X X X
OH OH OH OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH OH OH OH OH OH
OH
OH
OH
OH
OH
BUS STOP
RAMP
AC
SIGN
AC
TRAFFIC PRESSURE SWITCH (TYP)37
38 39
UNK
UNK
UNK
UNK
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E E E E E E E E E E
E
E
E
E
E
E
E E
E
E
E
E
E
E
E
EEEEE
SSSSSSSSSSSSSSSSSSSSSSSS
W
W
W
W
W
W
W
W
W
W
W
W
W
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
COM
EX 2" W
W
W
W
W
W
W
W
W
W W W W W W W W W W W W W W W W W W W W
EX 24" W (DEMOED)
ARV
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JTJTJTJT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT
JT JT JT JT JT JT JT
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
3+50
4+00
4+505+00
5+50
6+00
6+27
7' (W) x 8' (H) x 1' (D)
CONCRETE WINGWALL
PER DETAIL 1 & 2/C2.3
40.00'
45° ELBOW
FITTING (TYPICAL)
AND THRUST
BLOCK
SEE NOTE 12 AND
DETAILS 4/C2.7
AND 2/C2.3
(EX) 12" SS
LINE CROSSING
SEE NOTE 2
W
W
W
W
W
W
W
W
W
W
WWWWWW
W
W
W
W
119.03'
45° ELBOW FITTING (TYPICAL)
AND THRUST BLOCK
SEE NOTE 12 AND DETAILS
4/C2.7 AND 2/C2.3
MAGNOLIA DRIVE
NAPA VALLEJO HIGHWAY
STATE HIGHWAY 221
26.35'
(EX) AIR RELEASE
VALVE TO BE
REMOVED
SEE NOTE 3
SEE WATER
MAIN TIE-IN
DETAIL 3/C2.8
(EX) 24" STL WATER
TRANSMISSION MAIN
TO BE REMOVED
SEE NOTE 3
NEW 24" FUSIBLE C905
PVC SDR18 WATER
TRANSMISSION MAIN
PER NOTE 5
CALTRANS R/W
CALTRANS R/W
20.00' PROPOSED
WATER EASEMENT20.00' PROPOSED
WATER EASEMENT
BEGIN CURVE
STA 4+20.59
END CURVE
STA 4+65.19
R=800'
=44.60'
Δ=3.19°
SEE NOTE 6
/ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / (EX) 24" STL WATER
TRANSMISSION MAIN
TO BE REMOVED
SEE NOTE 3
14.39'
BV
20.00' PROPOSED
WATER EASEMENT
20.00' EXISTING
WATER EASEMENT
TO BE ABANDONED
2" ARV
CONSTRUCTION FENCE
TO PROTECT EXISTING
WATER LINE. ONLY
LIGHT CONSTRUCTION
EQUIPMENT ALLOWED
IN THIS AREA.
5.00'
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
FW
BV
2" ARV
SCALE: 1" = 10' HORIZ.
1" = 2' VERT.
HIGHWAY 221 WATER TRANSMISSION PROFILE
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
3+503+754+004+254+504+755+005+255+505+75
(EX) GROUND(PR) GROUND
(PR) 24" FUSIBLE C905 PVC SDR 18
WATER TRANSMISSION MAIN
(EX) 24" STL WATER
TO BE REMOVED
SEE NOTE 3 3' MIN DEPTH
4' TYPICAL DEPTH
STA 5+29.60
TIE-IN TO (EX) 24" STL WATER
SEE DETAIL 3/C2.8
REPLACE 20' OF (EX) 24" STL WATER
TRANSMISSION MAIN WITH (PR) 24"
FUSIBLE C905 WATER
SEE NOTE 3
(EX) AIR RELEASE VALVE
SEE NOTE 2 AND 3
END WATER MAIN
REPLACEMENT
STA 5+51.92
12" MIN
TEMPORARY JOINT
TRENCH CROSSING
12" MIN
JOINT TRENCH
CROSSING
STA 4+91.61
UTILITY CROSSING
(EX) 12" SS
SEE NOTE 2
BKF ENGINEERS
1646 N. CALIFORNIA BLVD.
SUITE 400
WALNUT CREEK, CA 94596
(925) 940-2200
www.bkf.com
HIGHWAY 221 WATER TRANSMISSION MAIN UPGRADE
14 20191505
ES
AD
CG
CALIFORNIANAPA COUNTY
05/16/2022
NAPA
NAPA VALLEY COLLEGE
WATER MAIN RELOCATION PLAN AND PROFILE
AS SHOWN
C1.1
3 NOTES HIGHWAY 221 WATER TRANSMISSION PLAN
SEE SHEET C1.0
1.NEW TRENCHED SERVICE LATERALS AND HYDRANT LATERALS SHALL BE INSTALLED 2-FT (MIN) BELOW GROUND SURFACE TO THE TOP OF PIPE UNLESS OTHERWISE IDENTIFIED ON THE PLANS.
2.EXISTING UTILITY LOCATIONS AND DEPTHS ARE APPROXIMATE. CONTRACTOR SHALL
POTHOLE ALONG THE ALIGNMENT OF THE NEW WATER MAIN TO VERIFY ALL CROSSING UTILITIES PRIOR TO ANY WATER MAIN INSTALLATION AS REQUIRED. UTILITY DEPTHS SHALL BE TABULATED AND REPORTED TO THE CITY ENGINEER A MINIMUM OF 2 WORKING DAYS PRIOR TO START OF MAIN INSTALLATION.
3.EXISTING 24-INCH STEEL WATER MAIN, AND ALL EXISTING VALVES, ARV'S, HYDRANTS, ETC.
ON THE EXISTING MAIN SHALL BE REMOVED AFTER ALL SERVICES ARE TRANSFERRED AND CONNECTED TO THE NEW 24-INCH FUSIBLE C905 WATER MAIN, THE NEW MAIN IS ACTIVE, AND ALL NEW WATER FACILITIES ARE INSTALLED AND FUNCTIONING.
4.EXISTING SANITARY SEWER LATERALS WILL BE TELEVISED BY NAPA SANITATION DISTRICT BEFORE AND AFTER THE WORK. CONTRACTOR IS RESPONSIBLE FOR PROTECTING
LATERALS DURING CONSTRUCTION AND REPAIRING ANY DAMAGE TO THE SATISFACTION OF NAPA SANITATION.
5.CONTRACTOR SHALL INSTALL NEW 24-INCH FUSIBLE C905 PVC SDR-18 PIPE PER UNDERGROUND SOLUTIONS, INC. SPECIFICATIONS, OR APPROVED EQUAL. MINIMUM BEND RADIUS SHALL BE 800-FT.
6.TRACER WIRE (CONNECTED TO PIPE EVERY 5-FT OF LENGTH) SHALL BE INSTALLED ALONG ENTIRE LENGTH. CONTRACTOR SHALL VERIFY CONNECTIVITY AT THE END OF EACH PIPE PULL.
7.24-INCH WATER TRANSMISSION MAIN RELOCATION IS TO CONFORM WITH GUIDELINES AND REQUIREMENTS PER THE GEOTECHNICAL REPORT, "GEOTECHNICAL REPORT:
GEOTECHNICAL INVESTIGATION AND DESIGN REPORT, DORMITORIES AND APARTMENTS, NAPA VALLEY COLLEGE, NAPA, CALIFORNIA" PREPARED BY TERRA PHASE ENGINEERING ON JULY 10, 2020.
8.ALL DIP PIPE SHALL BE CLASS 350 AND RESTRAINED FOR THE FULL LENGTH W/ FIELD LOK GASKETS. DIP PIPE AND FITTINGS SHALL BE COATED PER CITY OF NAPA STANDARD SPECIFICATIONS.
9.WITH THE EXCEPTION OF LIMITED INTERRUPTIONS (2 HOURS OR LESS) TO TIE-IN WATER
SERVICES, DISRUPTION OF WATER SERVICE TO CUSTOMERS SHALL BE COMPLETED IN
ONE NIGHT WITH THE TIMING BASED UPON THE LEAD TIME OF THE MATERIALS TO BEGIN THE WORK. THIS SHUTDOWN TIME ASSUMES MINIMAL AMOUNT OF WATER NEEDING TO BE
DRAINED FROM THE SYSTEM ON THE NORTH AND SOUTH SECTIONS OF THE EXISTING MAIN.
10.GENERALLY, NEW 24-INCH FUSIBLE C905 WATER MAIN SHALL BE INSTALLED WITH A 5-FT (MIN) OFFSET FROM EXISTING 24-INCH STEEL WATER MAIN AND 5-FT (MIN) FROM CALTRANS RIGHT-OF-WAY.
11.CONTRACTOR SHALL PHASE USA REQUESTS SUCH THAT THE MARKINGS ARE FOR THE ACTIVE OR ALMOST ACTIVE WORK AREAS.
12.THRUST BLOCKS AND WINGWALLS SHALL NOT CROSS INTO CALTRANS RIGHT-OF-WAY AND SHALL BE INSTALLED A MINIMUM OF 1' AWAY FROM THE CALTRANS RIGHT-OF-WAY.
13.LINE STOP SHALL BE JCM 440 OR APPROVED EQUAL. TAP MASTERS OR THE COMPANY
INSTALLING THE LINE STOP SHALL VERIFY AND PROVIDE A SUBMITTAL TO THE CITY FOR
REVIEW, THAT THE SADDLE IS THE CORRECT PRODUCT FOR THE LINE STOP AND FOR THE EXISTING TRANSMISSION MAIN MATERIAL.
EXHIBIT B
ATTACHMENT 1
012263.0023 4891-6627-0006.1 Building Permit/Project Improvement Agreement Page 15 of 15 Form 6.1 (02/15)
EXHIBIT “C”
New Water Line Easement Area
ATTACHMENT 1
June 25, 2022
JN 191505-11
BKF ENGINEERS
1646 N. California Blvd., Suite 400, Walnut Creek, CA 94596 | 925.940.2200
EXHIBIT “A”
LEGAL DESCRIPTION
WATER LINE EASEMENT ABANDONMENT
The land referred to herein is situated in the City of Napa, County of Napa, State of California, described as follows:
BEING a portion of that Agreement and Grant of Easement approved May 28, 1951, recorded March 15, 1954, under Volume 436, at Page 234, Official Records of Napa County, and more particularly described as follows:
A strip of land, 20 feet in width, the centerline of which is described as follows:
COMMENCING at a Point as described in said Agreement and Grant of Easement per Volume 436, at Page 234 (436 OR 234) as “Beginning at a point on the north line of the property of the State of California as recorded in Book 89, Page 154, Book of Deeds, Official Records of Napa County from which point a state highway monument marking the end of a curve bears North 87°05’ West a distance of 10 feet as shown on State Highway Map for District IV, Napa County, Route 8, Section B, Sheet 3, dated 27 March, 1950, and from which monument another highway monument bears North 3°33’50” West a distance of 107.40 feet also shown on the before mentioned highway map and described in Book 343, Page 31, Official Records of Napa County”, said Point being on the north line of said property of the State of California per Book 89 of Deeds, Page 154 (89 Deeds 154), being 10.00 feet distant easterly from the westerly terminus of a tangent curve having a radius of 60 feet, as said curve and said northerly line are shown on the Record of Survey filed on February 20, 1962, in Book 6 of Surveys, at Pages 56, 57 and 58, Napa County Records, said bearing being taken as South 86°59’55 East for this description;
THENCE, along the centerline as described in said Agreement and Grant of Easement per 436 OR 234 the following two (2) courses:
1) Leaving said northerly line (89 Deeds 154), South 03°56’55” East a distance of 10.00 feet, and 2) South 08°17’55” East a distance of 312.60 feet to the POINT OF BEGINNING;
THENCE, leaving said Point of Beginning along said centerline per 436 OR 234, South 08°17’55” East a distance of 387.78 feet to the POINT OF TERMINUS.
The sidelines of the above described easement shall be lengthened or shortened so as to terminate at a bearing of North 59°32’53” East at the northerly terminus and at a bearing of North 75°27’07” West at the southerly terminus.
Containing an area of 7,756 square feet, more or less.
Bearings are based on of the California Coordinate System, Zone 2, NAD83 (epoch 2008.00). Distances are ground distances.
A plat showing the above described easement is attached hereto and made a part hereof as Exhibit “A-1”.
EXHIBIT C
ATTACHMENT 1
June 25, 2022
JN 191505-11
Exhibit “A”
BKF ENGINEERS
This description was prepared by me or under my direction for BKF Engineers.
By:
Paul Kittredge, P.L.S. No. 5790
Dated:
191505\docs\08-Survey\I-Plats_and_Legal_Desc\ 191505_ExhibitA_WLE_Abandonment.doc
EXHIBIT C
ATTACHMENT 1
JOB NO.
BY APPR. DATE
SUBJECT
OF
1646 N. CALIFORNIA BLVD.,
SUITE 400
WALNUT CREEK, CA 94596
(925) 940-2200
www.bkf.com
APN 046-450-052
D.N. 2003-006303
(EXCEPTION TO PARCEL 1)
POB
POC
IMOLA AVENUE
SCALE: 1" = 300'
LEGEND:
PARCEL 1 LINE PER 962 O.R. 608
EXISTING LOT LINE/RIGHT OF WAY LINE
SURVEY TIE LINE
CENTERLINE OF EXISTING 20' WLE
PER 436 O.R. 234
WATERLINE EASEMENT
SUBJECT CENTERLINE
APN ASSESSOR'S PARCEL NUMBER
O.R. OFFICIAL RECORDS
R/W RIGHT OF WAY
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
POT POINT OF TERMINUS
SF SQUARE FEET
WLE WATER LINE EASEMENT
EXHIBIT "A-1"
CENTERLINE OF
20' WLE PER
436 O.R. 234
CENTERLINE OF
PORTION OF 20' WLE
PER 436 O.R. 234
TO BE EXTINGUISHED
7,756± SF
POT
SEE SHEET 2
CENTERLINE OF
20' WLE PER
436 O.R. 234
REFERENCES:
(R1) 20' WLE PER 436 O.R. 234
(R2) RECORD OF SURVEY, 6 SURVEYS 56
(R3) BOOK 89, PAGE 154, BOOK OF DEEDS
NOTE:
BEARINGS ARE BASED ON THE
CALIFORNIA COORDINATE SYSTEM,
ZONE 2, NAD 83 (EPOCH 2008.00)
REFERENCE (R2) IS ROTATED 0°11'17"
CLOCKWISE.
STATE HIGHWAY 221
(FORMERLY STATE HIGHWAY 29)
EXHIBIT C
ATTACHMENT 1
(N87°05'W)(R1)
(N87°11'12"W)(R2)
N86°59'55"W
R=60.00'
Δ=79°58'23"(R2)
L=83.75'
159.22'(R2)N07°01'32"W(N7°12'49"W)(R2)
396.96'(R2)
N07°02'16"W (N7°13'33"W)(R2)
530.84'(R2)
(N12°38'11"W)(R2)
N12°26'54"W
JOB NO.
BY APPR. DATE
SUBJECT
OF
1646 N. CALIFORNIA BLVD.,
SUITE 400
WALNUT CREEK, CA 94596
(925) 940-2200
www.bkf.com
IMOLA AVENUE
20' WLE
436 O.R. 234
POB
POC(R1)
SCALE: 1" = 80'
PORTION OF 20' WLE
PER 436 O.R. 234
TO BE EXTINGUISHED
7,756± SF
EXHIBIT "A-1"POT
SEE DETAIL "A"
DETAIL "A"
NO SCALE
POC(R1)
10.00'(R1)
N86°59'55"W
312.60'
S08°17'55"E
20' WLE
436 O.R. 234
N59°32'53"E
21.59'
N75°27'07"W
(S08°23'E)(R1)
S08°17'55"E 387.78'
R=60.00'
Δ=79°58'23"(R2)
L=83.75'
IMOLA AVENUE
SEE SHEET 1 FOR LEGEND AND NOTES.
STATE HIGHWAY R/W MONUMENT
STATION 60+50 - 85' RIGHT PER (R2)
NORTH LINE OF THE PROPERTY
OF THE STATE OF CALIFORNIA
PER 89 DEEDS 154 (R3)
STATE HIGHWAY R/W
MONUMENT PER
436 O.R. 234(R1)
STATE HIGHWAY 221
(FORMERLY STATE HIGHWAY 29)
S03°56'55"E
(S04°02'E)(R1)
10.00'(R1)
(S08°23'E)(R1)
S08°17'55"E (S08°23'E)(R1) 312.60'
EXHIBIT C
ATTACHMENT 1
1646 N. California Blvd., Suite 400, Walnut Creek, CA 94596 | 925.940.2200
WATER LINE EASEMENT ABANDONMENT
CLOSURES REPORT
BKF JOB NO. 191505
June 23, 2022
EXHIBIT "A-1" CENTERLINE (START AT CONCRETE MONUMENT)
Bearing Distance Northing Easting Starting at 1864053.500 6482815.887 TO POC
S 86°59'55" E 10.00' to 1864052.976 6482825.873 S 03°56'55" E 10.00' to 1864043.000 6482826.562 S 08°17'55" E 312.60' to 1863733.673 6482871.680 TO POB S 08°17'55" E 387.78' to 1863349.954 6482927.649 N 09°01'35" W 712.36' to 1864053.492 6482815.887 FLY TIE
Error of closure North = 0.00812005 East = 0.00059799 Bearing N 04°12'43" W Distance = 0.0081
Area = 3,218 Square Feet 0.0739 Acres
Perimeter = 1,432.74' Precision = 1 : 175968
EXHIBIT "A1" AREA (START AT POINT OF BEGINNING FOR CENTERLINE STRIP) Bearing Distance Northing Easting Starting at 1863733.674 6482871.680
N 59°32'53" E 10.80' to 1863739.148 6482880.990 S 08°17'55" E 396.06' to 1863347.235 6482938.154 N 75°27'07" W 10.85' to 1863349.960 6482927.652 N 75°27'07" W 10.85' to 1863352.686 6482917.150 N 08°17'55" W 379.49' to 1863728.202 6482862.377 N 59°32'53" E 10.80' to 1863733.676 6482871.688
Error of closure North = 0.00157960 East = 0.00772354 Bearing S 78°26'29" W Distance = 0.0079
Area = 7,756 Square Feet 0.1780 Acres
Perimeter = 818.85' Precision = 1 : 103870
EXHIBIT C
ATTACHMENT 1
June 25, 2022
JN 191505-11
BKF ENGINEERS
1646 N. California Blvd., Suite 400, Walnut Creek, CA 94596 | 925.940.2200
EXHIBIT “B”
LEGAL DESCRIPTION
WATER LINE EASEMENT
The land referred to herein is situated in the City of Napa, County of Napa, State of California, described as follows:
BEING a portion of Parcel 1 as said parcel is described in the Quitclaim Deed to Napa Community College District recorded May 20, 1975, in Book 962, at Page 608, Official Records of Napa County, and more particularly described as follows:
WATER LINE EASEMENT 1:
A strip of land, 20 feet in width, the center line of which is described as follows:
COMMENCING at a Point as described in said Agreement and Grant of Easement per Volume 436, at Page 234 (436 OR 234) as “Beginning at a point on the north line of the property of the State of California as recorded in Book 89, Page 154, Book of Deeds, Official Records of Napa County from which point a state highway monument marking the end of a curve bears North 87°05’ West a distance of 10 feet as shown on State Highway Map for District IV, Napa County, Route 8, Section B, Sheet 3, dated 27 March, 1950, and from which monument another highway monument bears North 3°33’50” West a distance of 107.40 feet also shown on the before mentioned highway map and described in Book 343, Page 31, Official Records of Napa County”, said Point being on the north line of said property of the State of California per Book 89 of Deeds, Page 154 (89 Deeds 154), being 10.00 feet distant easterly from the westerly terminus of a tangent curve having a radius of 60 feet, as said curve and said northerly line are shown on the Record of Survey filed on February 20, 1962, in Book 6 of Surveys, at Pages 56, 57 and 58, Napa County Records, said bearing being taken as South 86°59’55 East for this description;
THENCE, along the centerline as described in said Agreement and Grant of Easement per 436 OR 234 the following two (2) courses:
1) South 03°56’55” East a distance of 10.00 feet, and
2) South 08°17’55” East a distance of 312.60 feet to the POINT OF BEGINNING;
THENCE, leaving said Point of Beginning and said centerline per 436 OR 234, South 52°36’18” East a distance of
32.66 feet to a point on a line that lies 10 feet westerly of and parallel with the westerly right of way of the State of California Highway 221 (formerly State of California Highway 29) as said right of way is shown on that Record of Survey of a Portion of Napa State Hospital, filed February 20, 1962, in Book 6 of Surveys, at Page 56, 57 and 58, Napa County Records;
THENCE, along said parallel line, South 07°02’16” East 267.99 feet;
THENCE, leaving said parallel line, South 05°08’31” East 84.65 feet;
THENCE, South 37°23’42” West 17.12 feet to a point on the centerline of said Agreement and Grant of Easement per 436 OR 234, said point bears South 8°17’55” East from said Point of Beginning, said point also being the POINT OF TERMINUS.
EXHIBIT C
ATTACHMENT 1
June 25, 2022
JN 191505-11
Exhibit “B”
BKF ENGINEERS
The sidelines of the above described easement shall be lengthened or shortened so as to terminate at a bearing of North 59°32’53” East at the northerly terminus and at a bearing of North 75°27’07” West at the southerly terminus.
Containing an area of 8,048 square feet, more or less.
WATER LINE EASEMENT 2:
COMMENCING at a Point as described in said Agreement and Grant of Easement per Volume 436, at Page 234 (436 OR 234) as “Beginning at a point on the north line of the property of the State of California as recorded in Book 89, Page 154, Book of Deeds, Official Records of Napa County from which point a state highway monument marking the end of a curve bears North 87°05’ West a distance of 10 feet as shown on State Highway Map for District IV, Napa County, Route 8, Section B, Sheet 3, dated 27 March, 1950, and from which monument another highway monument bears North 3°33’50” West a distance of 107.40 feet also shown on the before mentioned highway map and described in Book 343, Page 31, Official Records of Napa County”, said Point being on the north line of said property of the State of California per Book 89 of Deeds, Page 154 (89 Deeds 154), being 10.00 feet distant easterly from the westerly terminus of a tangent curve having a radius of 60 feet, as said curve and said northerly line are shown on the Record of Survey filed on February 20, 1962, in Book 6 of Surveys, at Pages 56, 57 and 58, Napa County Records, said bearing being taken as South 86°59’55 East for this description;
THENCE, along the centerline as described in said Agreement and Grant of Easement per 436 OR 234 the following three (3) courses:
1) South 03°56’55” East a distance of 10.00 feet,
2) South 08°17’55” East a distance of 312.60 feet, and
3) South 08°17’55” East 14.32 feet to a point that lies on the westerly sideline of the above described 20 Foot Water Line Easement 1;
THENCE, leaving said centerline per 436 OR 234, along said westerly sideline the following three (3) courses:
1) South 52°36’18” East 13.36 feet to the POINT OF BEGINNING, 2) South 52°36’18” East 4.86 feet, and
3) South 07°02’16” East 19.60 feet;
THENCE, leaving said westerly sideline South 82°57’25” West 35.29 feet;
THENCE, North 07°02’35” West 30.00 feet;
THENCE, North 82°57’25” East 17.41 feet;
THENCE, South 51°59’09” East 9.89 feet;
THENCE, South 82°57’27” East 7.43 feet to the POINT OF BEGINNING.
Containing an area of 952 square feet, more or less.
EXHIBIT C
ATTACHMENT 1
June 25, 2022
JN 191505-11
Exhibit “B”
191505\docs\08-Survey\I-Plats_and_Legal_Desc\ 191505_ExhibitA_WLE_Abandonment.docx
BKF ENGINEERS
Bearings are based on of the California Coordinate System, Zone 2, NAD83 (epoch 2008.00). Distances are ground distances.
A plat showing the above described easements is attached hereto and made a part hereof as Exhibit “B-1”.
This description was prepared by me or under my direction for BKF Engineers.
By:
Paul Kittredge, P.L.S. No. 5790
Dated:
EXHIBIT C
ATTACHMENT 1
JOB NO.
BY APPR. DATE
SUBJECT
OF
1646 N. CALIFORNIA BLVD.,
SUITE 400
WALNUT CREEK, CA 94596
(925) 940-2200
www.bkf.com
APN 046-450-052
D.N. 2003-006303
(EXCEPTION TO PARCEL 1)
POC
IMOLA AVENUE
SCALE: 1" = 300'
LEGEND:
PARCEL 1 LINE PER 962 O.R. 608
EXISTING LOT LINE/RIGHT OF WAY LINE
SURVEY TIE LINE
CENTERLINE OF EXISTING 20' WLE
PER 436 O.R. 234
WATERLINE EASEMENT
SUBJECT CENTERLINE
APN ASSESSOR'S PARCEL NUMBER
O.R. OFFICIAL RECORDS
R/W RIGHT OF WAY
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
POT POINT OF TERMINUS
SF SQUARE FEET
WLE WATER LINE EASEMENT
EXHIBIT "B-1"
CENTERLINE OF
20' WLE PER
436 O.R. 234
POT, WLE 1
POB, WLE 1
CENTERLINE OF
20' WLE PER
436 O.R. 234 POB, WLE 2
SEE SHEET 2WLE 2
952± SF
CENTERLINE
OF 20' WLE 1
8,048± SF
REFERENCES:
(R1) 20' WLE PER 436 O.R. 234
(R2) RECORD OF SURVEY, 6 SURVEYS 56
(R3) BOOK 89, PAGE 154, BOOK OF DEEDS
NOTE:
BEARINGS ARE BASED ON THE
CALIFORNIA COORDINATE SYSTEM,
ZONE 2, NAD 83 (EPOCH 2008.00)
REFERENCE (R2) IS ROTATED 0°11'17"
CLOCKWISE.
STATE HIGHWAY 221
(FORMERLY STATE HIGHWAY 29)
EXHIBIT C
ATTACHMENT 1
(N87°05'W)(R1)
(N87°11'12"W)(R2)
N86°59'55"W
R=60.00'
Δ=79°58'23"(R2)
L=83.75'
159.22'(R2)N07°01'32"W(N7°12'49"W)(R2)
396.96'(R2)
N07°02'16"W (N7°13'33"W)(R2)
530.84'(R2)
(N12°38'11"W)(R2)
N12°26'54"W
JOB NO.
BY APPR. DATE
SUBJECT
OF
1646 N. CALIFORNIA BLVD.,
SUITE 400
WALNUT CREEK, CA 94596
(925) 940-2200
www.bkf.com
STATE HIGHWAY 221
(FORMERLY STATE HIGHWAY 29)
IMOLA AVENUE
20' WLE
436 O.R. 234
POC
SCALE: 1" = 80'
EXHIBIT "B-1"
SEE DETAIL "A"
20' WLE
436 O.R. 234
S08°17'55"E (S08°23'E)(R1) 312.60'
WLE 1, POT
20' WLE 1
8,048± SF
POB, WLE 1
WLE 2
952± SF
POB, WLE 2
SEE DETAIL "B"
312.60'
S08°17'55"E
14.32'
S52°36'18"E 32.66'
S52°36'18"E
19.60'
S82°57'25"W 35.29'
S07°02'16"E
S07°02'16"E 267.99'
DETAIL "B"
NO SCALE
396.96'(R2)N07°02'16"W
13.36'
4.86'
S51°59'09"E
9.89'
17.41'
N82°57'25"E
N7°02'35"W 30.00'
WLE 2
952± SF
S05°08'31"E 84.65'
S37°23'42"W 17.12'
20' WLE 1
8,048± SF
STATE HIGHWAY R/W
MONUMENT
STATION 60+50 - 85'
RIGHT PER (R2)
POB, WLE 2
10'10'
(S08°23'E)(R1)
S07°02'16"E
267.99'
SEE SHEET 1 FOR LEGEND
AND NOTES.
S82°57'27"E 7.43'
N75°27'07"W 21.70'
N59°32'53"E
21.59'
DETAIL "A"
NO SCALE
POC(R1)
10.00'(R1)
N86°59'55"W
S03°56'55"E
(S04°02'E)(R1)
10.00'(R1)
312.60'
S08°17'55"E
R=60.00'
Δ=79°58'23"(R2)
L=83.75'
IMOLA AVENUE
NORTH LINE OF THE PROPERTY
OF THE STATE OF CALIFORNIA
PER 89 DEEDS 154 (R3)
STATE HIGHWAY R/W
MONUMENT PER
436 O.R. 234(R1) (S08°23'E)(R1)
POB, WLE 1
10'
EXHIBIT C
ATTACHMENT 1
1646 N. California Blvd., Suite 400, Walnut Creek, CA 94596 | 925.940.2200
WATER LINE EASEMENT RELOCATION
CLOSURES REPORT
BKF JOB NO. 191505
June 27, 2022
EXHIBIT "B-1”, WLE 1, CENTERLINE STRIP (FROM POINT OF COMMENCEMENT) Bearing Distance Northing Easting Starting at 1864053.500 6482815.887
S 86°59'55" E 10.00' to 1864052.976 6482825.873 S 03°56'55" E 10.00' to 1864043.000 6482826.562 S 08°17'55" E 312.60' to 1863733.673 6482871.680 TO POB S 52°36'18" E 32.66' to 1863713.839 6482897.627 S 07°02'16" E 267.99' to 1863447.868 6482930.462 S 05°08'31" E 84.65' to 1863363.558 6482938.049 S 37°23'42" W 17.12' to 1863349.957 6482927.652 TO POT N 09°01'35" W 712.36' to 1864053.495 6482815.890 FLYTIE
Error of closure North = 0.00456517 East = 0.00344093 Bearing N 37°00'24" W Distance = 0.0057
Area = 10,112 Square Feet 0.2321 Acres
Perimeter = 1,447.38' Precision = 1 : 253184
EXHIBIT "B-1”, WLE 1 STRIP AREA (FROM POINT OF BEGINNING FOR CENTERLINE STRIP) Bearing Distance Northing Easting Starting at 1863733.674 6482871.680
N 59°32'53" E 10.80' to 1863739.148 6482880.990 S 52°36'18" E 32.79' to 1863719.234 6482907.041 S 07°02'16" E 272.36' to 1863448.926 6482940.411 S 05°08'31" E 88.70' to 1863360.583 6482948.361 S 37°23'42" W 16.80' to 1863347.236 6482938.158 N 75°27'07" W 10.85' to 1863349.962 6482927.656 N 75°27'07" W 10.85' to 1863352.687 6482917.154 N 37°23'42" E 17.44' to 1863366.543 6482927.745 N 05°08'31" W 80.59' to 1863446.808 6482920.523 N 07°02'16" W 244.03' to 1863689.000 6482890.623 N 07°02'16" W 19.60' to 1863708.452 6482888.222 N 52°36'18" W 4.86' to 1863711.404 6482884.361 N 52°36'18" W 13.36' to 1863719.517 6482873.746 N 52°36'18" W 14.32' to 1863728.214 6482862.370 N 59°32'53" E 10.80' to 1863733.687 6482871.680
Error of closure North = 0.01312492 East = 0.00008972 Bearing S 00°23'30" E Distance = 0.0131
Area = 8,048 Square Feet 0.1848 Acres
Perimeter = 882.39' Precision = 1 : 67229
EXHIBIT C
ATTACHMENT 1
June 27, 2022
BKF Job No.: 191505
EXHIBIT "B-1”, WLE 2 (START AT NORTHEASTERLY CORNER)
Bearing Distance Northing Easting Starting at 1863711.396 6482884.358
S 52°36'18" E 4.86' to 1863708.444 6482888.219 S 07°02'16" E 19.60' to 1863688.992 6482890.621 S 82°57'25" W 35.29' to 1863684.665 6482855.597 N 07°02'35" W 30.00' to 1863714.438 6482851.919 N 82°57'25" E 17.41' to 1863716.573 6482869.197 S 51°59'09" E 9.89' to 1863710.482 6482876.989 N 82°57'27" E 7.43' to 1863711.393 6482884.363
Error of closure North = 0.00242509 East = 0.00490514 Bearing N 63°41'32" W Distance = 0.0055
Area = 952 Square Feet 0.0219 Acres
Perimeter = 124.48' Precision = 1 : 22749
EXHIBIT "B-1”, WLE 2 (START AT POINT OF BEGINNING OF WLE 2) Bearing Distance Northing Easting Starting at 1863711.396 6482884.358 POB WLE 2 N 52°36'18" W 13.36' to 1863719.509 6482873.744 N 08°17'55" W 14.32' to 1863733.679 6482871.677 POB WLE 1 S 29°38'37" E 25.63' to 1863711.404 6482884.354 FLY TIE
Error of closure North = 0.00816186 East = 0.00423584 Bearing S 27°25'42" E Distance = 0.0092
Area = 67 Square Feet 0.0015 Acres
Perimeter = 53.31' Precision = 1 : 5797
EXHIBIT C
ATTACHMENT 1