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HomeMy WebLinkAboutC38840E Access Easement Agreement with Community College District for CV Linkg� CONTRACT NO. C38840E STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: March 26, 2020 PREPARED BY: Randy Bowman, Project Manager REQUEST: Approve Contract No. C38840E, a Temporary Construction Access Easement Agreement with the Desert Community College District for Construction of the CV Link Project (Project No. 707-20). Recommendation By Minute Motion: 1. Approve Contract No. C38840E, a Temporary Construction Access Easement Agreement with the Desert Community College District for Construction of the CV Link Project (Project No. 707-20); and 2. Authorize the City Manager to execute the agreement. Strateaic Plan The CV Link Improvements fulfill priorities identified in the City's Strategic Plan, including the following: • Land Use, Housing & Open Space — Priority 1: "Enhance Palm Desert as a first- class destination for premier shopping and national brand businesses." • Tourism and Marketing — Priority 1: `Improve access to Palm Desert and its attractions to enhance the ease of lifestyle." • Tourism and Marketing -- Priority 3: "Attract new and developing travel/tourism markets. " • Transportation — Priority 1: "Create walkable neighborhoods and areas within Palm Desert that would include residential, retail, services and employment centers, and parks, recreation and open space to reduce the use of !ow occupancy vehicles." • Transportation — Priority 3: `De-emphasize single/low-occupancy vehicles and optimize modes of travel (bus, carpool, golf -cart, bicycle and pedestrian)." • Parks and Recreation — Priority 2: "Assure a continuing flow of innovative ideas by seeking creative partnerships, ensuring adequate staffing, and encourage resident input " • Parks and Recreation — Priority 3: "Make recreational and exercise opportunities pervasive in all public spaces." March 2-6, 2020 - Staff Report Approve Temporary Construction Access Easement Agreement with College of the Desert for Project No. 707-20 Page 2 of 3 Background Analvsis Referring to the attached Vicinity Map, the Palm Desert on -street CV Link route is aligned along Painters Path from the Bump and Grind trailhead to Park View Drive; Park View Drive from Highway 111 to Monterey Avenue; Monterey Avenue from Park View Drive to Magnesia Falls Drive; and Magnesia Falls Drive from Monterey Avenue to Deep Canyon Road. Also shown on the Vicinity Map is the shared use path known as the Hovley Connector, which will be constructed within City -owned property along the eastern boundary of the Coachella Valley Water District property from the Whitewater Channel to Hovley Lane East. For the on -street CV Link project to be constructed near the entrance to the College of the Desert (COD) or. Monterey Avenue, the project requires temporary access to COD property to blend rew sidewalk, pavement, and appurtenant work into existing infrastructure on COD property. The City Attorney has assisted in drafting the attached agreement document. On February 7, 2020, the COD Board approved the subject agreement. COD has agreed to grant the temporary construction access easement at no cost to the City. On September 12, 2019, the City Council authorized staff to advertise and call for bids for the CV Link ccnstruction contract. The first of 'tvvo construction contracts for the CV Link project to be bid by Palm Desert was advertised on March 16, 2020 with bids due in April. Staff anticipates bringing to the City Council in May the construction contract award recommendation. Construction is anticipated to commence over the summer with completion expected in April, 2021. Staff is working with Coachella Valley Water District (CVWD) and Coachella Valley Association of Governments (CVAG) to complete the design of the Hovley Connector segment. This segment will be the City's second construction contract for the overall CV Link project through Palm Desert. Staff anticipates bringing to City Council for authorization an amendment to the cooperative agreement with CVAG before the City advertises the construction contract in September 2020. Construction completion is expected over the summer next year. Fiscal Analvsis As the proposed agreement is no cost, there is no fiscal impact. March 26, 2020 - Staff Report Approve Temporary Construction Access Easement Agreement with College of the Desert for Project No. 707-20 Page 3 cf 3 LEGAL REVIEW DEPT. REVIEW FINANCIAL .ASSISTANT REVIEW CITY MANAGER Robert Hargreaves Tom Garcia, P.E. et M. Moore .Andy� irestine City Attorney Director of Public Works Director of Finance Assista t City Manager City Manager, Lauri Aviaiarf� r r APPLICANT. D sert Community College District 43500 Monterey Avenue Palm Desert, California 92260 ATTACHMENTS: Agreement Viciniti Man CONTRACT N0. C38840E RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF PALM DESERT 73 -5 10 Fred Waring Drive Palm Desert, California 92260-2578 Attn: Public Works Department EXEMPT FROM RECORDING FEES PURSUANT TO COVERNAfENT CODE SECTION 6103 AND DOCUMENTARY TRANSFER TAX PURSUANT TO REVENUE AND TAXATION CODE SECTION I t922. SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY TEMPORARY CONSTRUCTION ACCESS EASEMENT AGREEMENT This TEMPORARY CONSTRUCTION ACCESS EASEMENT AGREEMENT ("Easement Agreement" or "Agreement") is entered into as of , 2020 ("Effective Date"), by and between the Desert Community College District ("Grantor") and the City of Palm Desert, a California municipal corporation ("Grantee'). Grantor and Grantee may be referred to herein collectively as the "Parties" and individually as a "Party". RECITALS A. Grantor is the owner of that certain real property located at 43-500 Monterey Avenue Palm Desert, CA 92260, identified as Assessor Parcel Nos. 622-160-050 and 622-160- 051 as described in Exhibit "A" attached hereto and incorporated herein ("Burdened Property"), upon which is situated the College of the Desert. B. Grantee intends to proceed with construction of the CV Link project including improvements at the Monterey Avenue and College of the Desert entrance intersection consisting of new curb ramps, traffic striping and signage, signal modifications, and connection to the CV Link multimodal path ("Project") on the Burdened Property and has requested a non-exclusive temporary construction access easement over, upon, and across the Burdened Property for the specific and limited purposes hereinafter set forth and as IegaIly described and depicted in Exhibits "B" attached hereto and incorporated herein ("Easement" or "Easement Area"). C. Grantor is willing to grant to Grantee the Easement on the terms and conditions set forth herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 005794.00003 261522033 AGREEMENT GRANT OF TEMPORARY CONSTRUCTION EASEMENT. (a) Grant and Use. Grantor hereby grants to Grantee and its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers, workers, successors, and assigns, a non- exclusive temporary construction easement and right-of-way for construction, installation and access purposes in connection with the Project, but not by way of limitation, the right to ingress and egress, to place equipment and materials, and to install, construct, reconstruct, remove and replace, inspect, survey, maintain, repair, and improve, and otherwise use the Easement, to perform the Project work. Access to and construction upon the Easement shall be done in such a manner as to allow the Grantor continued reasonable rights of ingress and egress during the Easement Term, as defined below. Grantee's access and use of the Easement Area shall be limited solely to the activities necessary to complete the Project and the specific actions set forth in Recital B, above and shall not involve any permanent changes to the condition of the Burdened Property, including the Easement Area, unless the Grantor provides prior written approval. (b) Notice. Grantee shall provide Grantor at least thirty (30) days' prior written notice of the commencement of Grantee's use of the Easement Area. Grantee shall be solely responsible to develop and implement adequate safety measures to protect the public and other persons using the Burdened Property during construction of the Project and Grantee's use of the Easement Area (the "Safety Measures"). If the Safety Measures require any change to the condition of the Burdened Property or will otherwise impede Grantor's access or use of the Burdened Property, Grantee shall obtain prior written approval from Grantor, which shall not be unreasonably denied. Grantor shall work with Grantee in good faith to assist in the development and implementation of the Safety Measures, but shall not be responsible for any associated cost or liable for any damage, injury, harm, or cost arising from the Safety Measures, including the failure of the Safety Measures to provide adequate protection, unless caused by the negligence of Grantee. (c) Nan -Exclusivity of Easement. Grantor reserves all rights attendant to its ownership of the Easement Area, including but not limited to, the use and enjoyment of the Easement Area for all purposes not inconsistent with the terms and conditions of this Easement Agreement. Grantor, at its sole discretion, may require Grantee to limit or cease work on the Easement Area and/or access to the Burdened Property, if necessary, to allow Grantor to conduct any activity or event required by Grantor during the Easement Term. In such a case and as feasible, Grantee will provide reasonable notice to Grantor. (d) Damaae to Burdened Property. Grantee shall be responsible for any damage to the Burdened Property resulting from any exercise of the rights herein granted, including, but not limited to, soil erosion, subsidence, and property damage. In the event the Burdened Property is disturbed or damaged by, without limitation, the excavation or construction of the Project or any other act or omission of Grantee, then Grantee shall, at its sole cost and expense, immediately repair (or cause to be repaired) such damage and restore (or cause to be restored) the Burdened Property to a condition at least�equal to the pre -construction condition. All such corrective work 2 005794.00003 261522011 shall be performed in accordance with the terms of this Easement Agreement, with applicable law, and to the reasonable satisfaction of Grantor. The Parties shall cooperate with each other in conducting any such repairs to the Burdened Property as required herein. However, in no event shall Grantor be required to incur any cost, or required to perform any work, related to the repairs. (e) Liens. Grantee shall not cause liens of any kind to be placed against the Easement Area or Burdened Property. (f) No Fee Interest. This Easement Agreement is not, and will not be interpreted to be, a grant of a fee interest or any permanent possessory right in the Burdened Property. 2. Term. The term of the Easement shall begin upon commencement of construction of the Project. The Easement shall terminate upon the completion of the Project as certified by Grantee but in no event shall continue after June 30, 2021, unless Grantor agrees, at its sole discretion, to extend this Agreement through a written amendment ("Easement Term"). Upon termination of this Easement Agreement, all covenants in this instrument are released (other than Grantee's restoration obligations and indemnity requirements set forth hereinafter below) and the Easement Area shall be considered free and clear of any restriction or any right or privilege attaching to the grant of the Easement set forth in this Agreement. Upon request by Grantor, Grantee shall execute any documents reasonably requested by Grantor to confirm the termination of the Easement. 3. Restoration of Easement Area. Upon termination of this Agreement, Grantee shall promptly remove all equipment, materials and personal property from the Easement Area and restore the Easement Area to the state it was prior to any rights conferred to Grantee herein, except normal wear and tear. In the event Grantee fails to meet the requirements of this Section, Grantee shall be responsible for any costs incurred by Grantor to return the Easement Areas to the condition required herein. 4. Insurance. Prior to any consultants or contractors of Grantee conducting any testing, investigation, excavation, construction, maintenance, or other work within the Easement Area (each a "Grantee Contractor"), the Grantee Contractor shall procure and maintain insurance throughout the Agreement as set forth below: A. General Liabilitv. Commercial general liability insurance including contractual coverage, coverage from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out of activities in connected with Grantee's use of the Easement Area and/or the Burdened Property. Such insurance shall be in amounts not less than $1,000,000 per occurrence; and $3,000,000 for general aggregate. Said insurance shall be primary insurance with respect to Grantor. B. Automobile Liabilitv. Commercial automobile liability insurance with a combined single limit of $1,000,000 per accident. 3 003794.00003 26152203.1 C. Workers' Compensation. Workers' Compensation insurance in accordance with the laws of California, in the amount of Statutory Limits for Coverage A and $1,000,000 per accident for bodily injury or disease for Coverage B, employers' Iiability. All insurance required under this Agreement shall be issued by a company or companies lawfully authorized to do business in California as admitted carriers. Grantor and its respective elected and appointed officials, officers, and employees shall be named as additional insureds on any applicable insurance policy required of the Grantee Contractor. The Grantee Contractor, and any insurer providing required insurance therefor, shall waive any right of recovery or subrogation it may have against the Grantor and its respective elected and appointed officials, officers, and employees for direct physical loss or damage to the Easement Area, Burdened Property, or for any liability arising out of the rights granted hereunder this Easement Agreement. All insurance policies required shall be endorsed to be primary and non-contributing with any insurance or self-insurance maintained by the Grantor. S. Indemnification. To the fullest extent permitted by law, Grantee, its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers, workers, successors, and assigns (collectively, the "Grantee Parties") shall, and hereby does, agree to indemnify, defend, and hold harmless Grantor; and its elected and appointed officials, officers, directors, employees, agents, volunteers, successors, representatives, and assigns (collectively, the "Grantor Parties"), from and against all damages, claims, liabilities, settlements, penalties, fines, costs, expenses, losses, or attorney and consultant fees and costs (collectively "Damages") incurred by Grantor to the extent that the same arise or result from or are caused by the acts or omissions of the Grantee Parties in connection with their use of this Easement or the Easement Area and/or in connection with the exercise of any other rights granted by this Easement Agreement with respect to the Burdened Property or any part thereof; provided, however, that Grantee shall not be obligated to indemnify, defend, or hold harmless the Grantor Parties from and against any Damages to the extent that such Damages are caused by the negligence or willful misconduct of the Grantor Parties. Grantee's indemnification obligation herein shall include the following; 1) any and all claims under workers' compensation acts and other employee benefit acts with respect to Grantee's employees or Grantee's consultant's employees arising out of Grantee's work under this Agreement, 2) liability for damages for death or bodily injury to person, (3) injury to, loss or theft of property; and 3) any failure or alleged failure to comply with any provision of law. b. Miscellaneous Provisions. This Easement Agreement may be modified or amended only by written agreement signed by the Parties hereto. If the Parties mutually agree to terminate this Easement Agreement, the Parties agree to execute in a recordable form any documents reasonably requested by either of the Parties acknowledging the partial or complete termination of this Easement Agreement and the Easement described herein. Unless terminated pursuant to the terms of this Easement Agreement, the provisions of this Easement Agreement and the Easement Area granted herein shall constitute covenants running with the land with respect to the Easement Property and Easement Area, and shall be binding on each successive owner during their ownership of any portion of the Burdened Property, or Easement Area, respectively, and on each person or entity having any interest in this Easement Agreement derived through any owner of the Burdened Property or Easement Area, respectively. This Easement Agreement, and the 4 005794.00D03 26152203,1 Parties' performance under this Easement Agreement, will be exclusively governed by the laws of the State of California without regard to its conflict of law provisions. Venue shall rest in a court of competent jurisdiction in Riverside County, California. No waiver of any term or provision of this Easement Agreement shall be effective unless set forth in writing and signed by the Party giving the waiver. No failure or delay on the part of either Party hereto in the exercise of any right, power, or privilege granted by this Easement Agreement shall operate as a waiver of such right, power, or privilege, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or future exercise thereof. A waiver given on any one occasion shall not operate as a continuing waiver of the same provision or as a waiver of any other provision set forth in this Easement Agreement. This Easement Agreement contains the entire agreement of the Parties with respect to the subject matter described herein, and supersedes all previous communications, representations, understandings, and agreements, whether verbal, written, express, or implied, between the Parties with respect to the subject matter. This Easement Agreement is by and between the Parties and no third parties are intended to be benefltted by the terms of this Easement Agreement. This Easement Agreement may be executed in counterparts, each of which shall be deemed an original, but such counterparts shall together be deemed to constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] 005794.00003 26152203 1 SIGNATURE PAGE TO THE TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BY DESERT COMMUNITY COLLEGE DISTRICT AND CITY OF PALM DESERT IN WITNESS WHEREOF, the Parties hereto have executed this Easement Agreement as of the dates written above. "GRANTOR" DESERT COMMUNITY COLLEGE DISTRICT iL Joe . Kinn n, Ed.D. ATTEST: Board Clerk "GRANTEE" CITY OF PALM DESERT By: Lauri Aylaian City Manager ATTEST: By: _ City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: — By: Atkinson, Andelson, Loya, Ruud & Rorno Best Best & Krieger LLP 12800 Center Court Drive, Suite 300 Cerritos, CA 90703 City Attorney 005794 00003 h 26157,203.1 EXHIBIT "A" LEGAL DESCRIPTION OF BURDENED PROPERTY [***INSERT LEGAL DESCRIPTION OF PROPERTY***] 005794.00003 261522031 EXHIBIT "A" LEGAL DESCRIPTION DESERT COMMUNITY COLLEGE DISTRICT APN 622-160-050 AND 622-160-051 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: EASEMENT AREA 1 COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17, THENCE ALONG THE WESTERLY LINE OF SAI❑ SECTION 17 NORTH 00011'18" EAST, A DISTANCE OF 1200.64; THENCE SOUTH 89048'42" EAST, A DISTANCE OF 89.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MONTEREY AVENUE PER DOCUMENT NO. 2013-0079149, RECORDED FEBRUARY 14, 2013 OF OFFICIAL RECORDS, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINES OF SAID DOCUMENT THROUGH THE FOLLOWING THREE (3) COURSES: (1) THENCE NORTH 00011'18" EAST, A DISTANCE OF 57.46 FEET; (2) THENCE NORTH 42°41'31" EAST, A DISTANCE OF 39.21 FEET; (3) THENCE NORTH 08001'32" WEST, A DISTANCE OF 13.34 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINES, NORTH 89°54'40" EAST, A DISTANCE OF 19.97 FEET; THENCE SOUTH 00005'20" EAST, A DISTANCE OF 22.00 FEET; THENCE SOUTH 89°54'40" WEST, A DISTANCE OF 5.83 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 34.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 89°43'22", AN ARC DISTANCE OF 53.24 FEET TO A POINT ON A LINE PARALLEL WITH AND 5.00 FEET EASTERLY OF SAID EASTERLY RIGHT-OF- WAY LINE; 1 OF 3 EXHIBIT "A" LEGAL DESCRIPTION DESERT COMMUNITY COLLEGE DISTRICT APN 622-160-050 AND 622-160-051 THENCE ALONG SAID PARALLEL LINE SOUTH 00-11-18- WEST, A DISTANCE OF 43.64 FEET; THENCE NORTH 89"48142" WEST, A DISTANCE OF 5.00 FEET, TO THE TRUE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD, EASEMENT AREA 1 CONTAINING 895 SQUARE FEET OR 0.021 ACRES MORE OR LESS. EASEMENT AREA 2 COMMENCING AT AFOREMENTIONED POINT "A"; THENCE ALONG THE EASTERLY LINES OF SAID DOCUMENT NO. 2013-0079149, THROUGH THE FOLLOWING FOUR (4) COURSES: (1) THENCE NORTH 08-01-32" WEST, A DISTANCE OF 64.62 FEET TO THE TRUE POINT OF BEGINNING; (2) THENCE NORTH 08°01'32" WEST, A DISTANCE OF 11.40 FEET; (3) THENCE NORTH 42-54-01" WEST, A DISTANCE OF 33.26 FEET; (4) THENCE NORTH 00-11'18" EAST, A DISTANCE OF 15.51 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINES SOUTH 41 °37'36" EAST, A DISTANCE OF 36.16 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 7.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 64029'21 ", AN ARC DISTANCE OF 7.88 FEET; THENCE NORTH 73053'03" EAST, A DISTANCE OF 15.56 FEET; THENCE SOUTH 00005117" EAST, A DISTANCE OF 26.34 FEET; THENCE SOUTH 89054151" WEST, A DISTANCE OF 22.00 FEET, TO THE TRUE POINT OF BEGINNING; 20F3 EXHIBIT "A" LEGAL DESCRIPTION DESERT COMMUNITY COLLEGE DISTRICT APN 622-160-050 AND 622-160-051 SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF - WAY OF RECORD. EASEMENT AREA 2 CONTAINING 888 SQUARE FEET OR 0.020 ACRES MORE OR LESS. AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: CHARLES R. HARRIS DATED: 0, LU/9 r P.L.S. 4989 30F3 EXHIBIT "B" DEPICTION OF EASEMENT AREA [***INSERT DEPICTION OF EASEMENT AREA***] 005794.00003 26152203.1 EXHIBIT "B" CV LINK EASEMENT APN 622-160-050 AND 051 DESERT COMMUNITY SEC. 17, T.5S., R.6E., SBM CITY OF PALM DESERT I 80, I w k1l 1� 'a I �' I0 w I O T.P.O.ESAREA 2-/ PARK VIEW DRIVE I I I ESMT. AREA 1 I 895 SQ. FT. 0.021 AC. I �I W'LY LINE ;/ SEC. 17 r I r I J 1 IT.P.O.B. 'pl 5' I ESMT. AREA 1 f� w /;c_ S 89'48'42" E 89.0:0,. L8 10 r� r�l G N I P.O.C. Z r I SW COR. 18 I 17 SEC. 17 18 COLLEGE DISTRICT 7,1 MT. AREA 2 888 SQ. FT. 0.020 AC. DESERT COMMUNITY COLLEGE DIST, APN: 622-160--051 DESERT COMMUNITY COLLEGE DIST. APN: 622-160-050 SEE LINE AND CURVE DATA TABLES ON SHEET 2 0' 40' 80' SCALE 1"=40' DATED: EASTERLY LINE OF PUBLIC STREET ESMT. PER MSA CoNstfr.. w& INC. DOC. 2013-0079149 REC. 02/14/2013, O.R. PLANNING ■ Cwm ENOMBRING 'THIS PLAT IS AN AID IN --LOCATING THE PARCEL( 11 4D LAND SURVEYING DESCRIBED IN THE PRECEDING DOCUMENT. ALL PRIIriY CALLS ARE LOCATED IN THE WRMEN_ DESCRIPTION". _ .J.N. 2131 SHEET i OF 2 EXHIE3IT "B" CV LINK EASEMENT APN 622-160-050 AND 051 DESERT COMMUNITY COLLEGE DISTRICT SEC. 17, T.5S., R.6E., SBM CITY OF PALM DESERT LINE DATA CURVE DATA BEARING I LENGTH NO. DELTA I RADIUS I LENGTH L1 N 0011'18" E 157.46' C1 139'4322:1 34.00'I 53.24' ENO. L2 N 42'41'31" E 39.21' C2 64'29'21` 7.00'1 7.88' L3 N 08'O1'32" W 13.34' L4 N 89'54'40" E 19.97' L5 S 00'05'20" E 22.00' L6 S 89-54:40" W 5.83' L7 S 00'1118" E 43.64' LB S 89'4B'42" E .00' L9 N OW01 '32" W 64.62' Li 0 N 08'01'32" W 11.40' L11 N 42*54'01 " W 33.26' L12 N 00`11'1B" E 15.51' L13 S 41-37:36" E 136.16* L14 N 73*5303" E 15.56' L15 S 00'05'17" E 126.34' L16 5 89'54'51 " W 122.00' MSA Coxsvumo, INc. 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