Loading...
20-0915_GANAHL LUMBER COMPANY_Agenda Report_D2City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: Benjamin Siegel, City Manager SUBMITTED BY: Charlie View, Assistant City Manager DATE: September 15, 2020 SUBJECT: Purchase and Sale Agreement and Agreement Affecting Real Property between the City of San Juan Capistrano and Ganahl Lumber Company for the Lower Rosan Ranch Property (Assessor Parcel Numbers: 121-253-13; 121-253-15; 121-240-39; 121-240-73; 121-240-76. RECOMMENDATION: Continue the Public Hearing to consider the Purchase and Sale Agreement and Agreement Affecting Real Property for the sale of the Lower Rosan Ranch property to the Ganahl Lumber Company, from September 15, 2020, to October 6, 2020. EXECUTIVE SUMMARY: Following the dissolution of redevelopment agencies, the State directed that properties owned by the City’s former Redevelopment Agency be sold and the proceeds be distributed to the taxing entities, including the State, the County of Orange, school districts and special districts in which the properties were located. One of these properties in San Juan Capistrano is Lower Rosan Ranch (Lower Rosan), an unimproved parcel generally located on the north side of Stonehill Drive, west of Camino Capistrano. An aerial photo of the site is provided as Attachment 1. On June 2, 2020, the City Council certified the Final Environmental Impact Report and approved various entitlement actions for a project involving development of a new Ganahl Lumber facility and other ancillary uses. In addition, the City Council adopted the attached Resolution of Intent (Resolution) finding that public convenience and necessity require the sale of the Lower Rosan property. The sale of City-owned land is governed by State regulations requiring that the Resolution be published in the local newspaper and posted in three locations on the Lower Rosan property. The required publication and posting have been completed, which initially set June 16, 2020, as the date for the public hearing 9/15/2020 D2 City Council Agenda Report September 15, 2020 Page 2 of 3 to consider the sale of the Lower Rosan Property. As part of the sales process, City staff and Ganahl representatives have been negotiating the terms of the sale and other related matters, which will ultimately be memorialized in the Purchase and Sale Agreement (PSA) and Agreement Affecting Real Property (AARP). In addition, as discussed at the June 2, 2020, City Council meeting, City staff has been working closely with staff from the City of Dana Point and South Coast Water District to address issues raised in their respective comment letters on the EIR. Last month, resolution was reached regarding both matters and the filing period to challenge the certification of the Final Environmental Impact Report for the Ganahl Lumber Project has expired. To allow additional time to finalize the PSA and AARP, the City Council has periodically continued the public hearing from June 16 through September 15, 2020. City staff and Ganahl Lumber Company continue to work cooperatively and are making meaningful progress toward completion of the real estate-related agreements. However, there remain a few unresolved matters that both parties anticipate finalizing in the coming weeks. Therefore, staff recommends that the City Council continue the public hearing to October 6, 2020. FISCAL IMPACT: There is no fiscal impact associated with the recommended action. ENVIRONMENTAL REVIEW: In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The continuation of the Public Hearing for the PSA and AARP will not have a significant effect on the environment. PRIOR CITY COUNCIL REVIEW: • On June 2, 2020, the City Council approved a resolution adopting environmental findings pursuant to the California Environmental Quality Act (CEQA), certifying a Final Environmental Impact Report, adopted CEQA Findings of Fact and Statement of Overriding Considerations, approved a resolution conditionally approving Flood Plain Land Use Permit 18-001 and Tentative Tract Map (TTM) 20-001, and approved a resolution declaring the City’s intent to sell the 17-acre Lower Rosan property to Ganahl Lumber Company for development of the proposed Ganahl Lumber Project. City Council Agenda Report September 15, 2020 Page 3 of 3 • On August 1, 2017, the City Council approved and authorize the City Manager to execute an Exclusive Negotiation Agreement ("ENA") with Ganahl Lumber Company for development of the Lower Rosan property. • On April 4, 2017, the City Council began exclusive negotiations with Ganahl Lumber Company for the potential sale of the Lower Rosan property. • On March 29, 2017, the City Council hosted a community workshop on proposals to develop the City-owned Lower Rosan property. • On June 21, 2016, the City Council selected CBRE as the broker to market the former Redevelopment Agency parcel known as Lower Rosan. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable. NOTIFICATION: Ganahl Lumber Company Marriott Residence Inn Auto Dealer Association Rosetta Development/Segovia Capital Partners Capistrano Valley Mobile Estates - Mr. Dana Dercole Villa San Juan – Bob and Mary Ames Mr. Richard Toon Mr. Jim Vance Mr. Mike Wernet Mr. Gary Hilde Mr. Kent McNaughton ATTACHMENTS: Attachment 1 – Aerial Photo Attachment 2 – Resolution of Intent RESOLUTION NO . 20-06-02-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING THAT THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE SALE OF CERTAIN REAL PROPERTY (LOWER ROSAN RANCH), DECLARING ITS INTENT TO SELL SUCH PROPERTY, AND SETTING A HEARING DATE FOR CONSIDERATION OF PROTESTS WHEREAS, the City of San Juan Capistrano ("City ") currently owns in fee that certain real property, Lower Rosan Ranch, owned by the City generally located on Stonehill Drive between the railroad tracks and San Juan Creek in the City of San Juan Capistrano (APN: 121-240-39, 121 -240-073, 121-240-76, 121-253-13, and 121-253-15) and legally described in Exhibit "A" attached to this resolution and incorporated by reference herein (the "Property"); and WHEREAS, the City desires to sell the Property by entering into a Purchase and Sale Agreement ("PSA") with Ganahl Lumber Company, a California corporation for purposes of economic development (the "Project"); and WHEREAS, California Government Code Sections 37420 through 37430 authorize the City to dispose of property; and WHEREAS, California Government Code Section 37421 provides that when the legislative body of a city finds that the public interest and convenience require the sale of public buildings and sites, it must adopt a resolution so finding and giving notice of its intention to sell such property; and WHEREAS, California Government Code Section 37422 provides that such resolution shall fix a time for hearing protests to the property conveyance, provide for publication of notice of the hearing, fix the time when the City will take final action regarding the property conveyance; and contain an accurate description of the property to be conveyed; and WHEREAS, in accordance with Government Code section 65402, the proposed disposition of the Property under the PSA must be and was presented to the City's Planning Commission ("Planning Commission"), and the Planning Commission found that the conveyance of the Property from City to Ganahl Lumber Company is in conformance with the City's general plan; and WHEREAS, the City wishes to declare its intent to dispose of and convey the Property pursuant to the terms of the PSA, fix a time for the hearing of any protests to the disposition, provide for publication of the notice of said hearing, and fix the time for final action on the disposition of the Property and approval of the PSA. ATTACHMENT 2 WHEREAS, the City prepared a Draft Environmental Impact Report ("DEIR") that analyzed the proposed Project's environmental impacts in compliance with the provisions of the California Environmental Quality Act ("CEQA"). The DEIR was made available to the public for review and comment for 45 days between January 6, 2020, and February 19, 2020. During and following the close of the public review period, the City received numerous comment letters and e-mails on the project. For those letters and e-mails that raised CEQA-related issues, the City has prepared Response to Comments as required by CEQA, which are included in the Final EIR. The Final EIR determined that the proposed Project could result in potentially significant and unavoidable impacts to traffic as a result of the Project. The Project would result in potentially significant impacts at two roadway segments: Stonehill Drive between Camino Capistrano and Project driveway and between Project driveway and Del Obispo Street. In addition, the proposed Project would also result in potentially significant impacts at the intersection of Del Obispo Street/Stonehill Drive. Further, the impacted intersection is located within the City of Dana Point, and mitigation cannot be enforced within another jurisdiction outside of the City of San Juan Capistrano. No feasible mitigation is available to reduce the impacts on these two roadway segments and intersection. The Final EIR demonstrates that all other environmental impacts can be reduced to a level of less than significant through the incorporation of mitigation measures. The Draft EIR and Final EIR for the project are available on the City's website at: http://sanjuancapistrano.org/Departments/Development -Services/Planning. The Final EIR was certified by the City Council prior to the Council's consideration of this resolution; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ·Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution. SECTION 2. Findings. The City Council of the City hereby finds and determines that public convenience and necessity require the sale of the Property. The factors demonstrating that the public convenience and necessity require the sale of the Property include, but are not limited to the following: for purposes of economic development, the Property will consist of a Ganahl Lumber hardware store and lumber yard, future drive-through restaurants and short term vehicle parking, which will create jobs within the City, alleviate conditions of economic and physical blight in the City, and create an increase in sales and property taxes, all of which benefit the health, safety and welfare of the City. SECTION 3. Declaration of Intent to Sell ; Fixing of Hearing. The City Council of the City hereby declares its intent to sell the Property pursuant to the PSA and fixes June 16, 2020, at 5:00 P.M. or as soon thereafter that the matter can be heard at the City of San Juan Capistrano, City Council Chambers, located at 32400 Paseo Adelanto , San Juan Capistrano, California 92675 as the date, time and location for hearing any protests to the proposed sale of the Property, approval of the PSA, and as the final action date. 2 6/2/2020 SE CT ION 4 . P ublication a nd Post in g. In compliance with California Government Code Section 37423, the City Council of the City hereby directs City staff to publish this resolution at least once in a daily newspaper prior to June 16, 2020 , and to post this Resolution for not less than ten (10) days in at least three (3) conspicuous places upon the Property prior to June 16, 2020. SEC TION 5. CEQA. The City prepared a Draft Environmental Impact Report ("DEIR") that analyzed the proposed Project's environmental impacts in compliance with the provisions of the California Environmental Quality Act ("CEQA"). The DEIR was made available to the public for review and comment for 45 days between January 6, 2020, and February 19, 2020 . During and following the close of the public review period, the City received numerous comment letters and e-mails on the project. For those letters and e- mails that raised CEQA-related issues, the City has prepared Response to Comments as required by CEQA, which are included in the Final EIR. The Final EIR determined that the proposed Project could result in potentially significant and unavoidable impacts to traffic as a result of the Project. The Project would result in potentially significant impacts at two roadway segments: Stonehill Drive between Camino Capistrano and Project driveway and between Project driveway and Del Obispo Street. In addition, the proposed Project would also result in potentially significant impacts at the intersection of Del Obispo Street/Stonehill Drive. Further, the impacted intersection is located within the City of Dana Point, and mitigation cannot be enforced within another jurisdiction outside of the City of San Juan Capistrano. No feasible mitigation is available to reduce the impacts on these two roadway segments and intersection. The Final EIR demonstrates that all other environmental impacts can be reduced to a level of less than significant through the incorporation of mitigation measures. The Draft EIR and Final EIR for the project are available on the City's website at: http://sanjuancapistrano .org/Departments/Development -Services/Planning . The Final EIR was certified by the City Council prior to the Council's consideration of this resolution. SECTION 6 . Severability . If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of this Resolution are severable . SECTION 7. Effe ctiv e Date . This Resolution shall become effective immediately upon its adoption. The City Clerk of the City of San Juan Capistrano shall certify as to the adoption of this Resolution. (Signatures on following page) 3 6/2/2020 PASSED, APPROVED, AND ADOPTED this 2nd day of June 2020. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF SAN JUAN CAPISTRANO ) I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 20-06-02-04 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 2nd day of June 2020, by the following vote: Maryott, Farias, Taylor and Mayor Bourne NCIL MEMBERS: None NCIL MEMBERS · -eve MARI LERK 4 6/2/2020 . J EXHIBIT "A" TO RESOLUTION NO. 20-06-02-04 LEGAL DESCRIPTION OF PROPERTY ASSESSOR PARCEL NUMBERS 121-253-13, 15 and 121-240-39, 73 and 76 REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: [TO BE INSERTED] 5 6/2/2020 EXHIBIT"A" TO RESOLUTION NO. 2020- LEGAL DESCRIPTION OF PROPERTY ASSESSOR PARCEL NUMBERS 121-253-13, 15 and 121-240-39, 73 and 76 REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL ONE: (APN: 121..253-111 THAT CRTION OF nlE LAND SCRIBED IN PARCEL 1 OF THE DEED TO PAUL YORBA AND OTHERS, RECORDED AUGUST t1, tMS IN BOOK tS54, PAGE It OF OFFICIAL RECORDS OF ORANGE COUNTYt CALIFORNIA, DESCRIBED AS FOL10W& B~GINNINGAT THE INTEISECTIDN OF THE WE ERLY RIGHT OF WAY LINE OFntE ATCHISON, TOPEKA AND SANTA FE RAILROAD, wmt THE IOI.RH U OF 1HE LAND CONVEYl!D BY ROSA A PRYOR 10 ALBERT PRYOR AND CHRl811NA 8. LANDELl.r BY Dl:ED RECORDED IN BOOK 111 1 PAGE2D2 OF DEEDS OF SAID ORANGE COUNTY; llfENCE SOUTH 1&9 01 1 30•• WEST ALONG THE ABOVE MENnONSD WESTERLY RIGtn OF WAY UNE, 205.!2 FEET TO A CH PIPE MONUMENT MARKED "R.D.E.10301"; THENCE HOfmf 81° t1' 37" WEIT 1008.34 FEET TO~ INTER8ECTION WrTH lHE NORTHWESTERLY U OF THE ABOVE MENTIONED PARCB. f; THENCE NORTH JD• or fl7 11 EAST t17.90 FEET TO THE MOST NORTHERLY CORNER OF ID PARCEL 1; THENCE SOUTH 18" 1r n· EAST ALONG D 80Ul'H LINE OF LAND CONVEYED TO ALBERT PRYOR AND CHRISTINA 1.1.ANDEU, 883.82 FEET TO THE POINT OF BEGINNING.. EXCEPTING 11iEREFROM1 THE PORTION LYING WESTERLY OFnlE EASTERLY UNE OF THE STRIP 0 LAND 250.llO FEET IN WIDTH, D RIBED ~NP CELL 1·t11.01 OFlHE LIB PENDENI RECORDED MARCH 20, 1982 IN BOOK 80.U, PAGE 7S1 OF OFFICIAL RECORDS, ENTITl.ED "ORANGE COUNTY FLOOD CONTROL DJ8TRICT 1 A BODY POlmCAND CORPORAlE 0 THE STATE OF CALIFORNIA, PLAINTI F, VS. PAUL N. YORBAAND OTHERS, DEFE AN'TI.• Al.ID EXCEPTING THEREFROM THAT PORTION DESCRIBE'D M PARCEL ND. 128 IN DEED TO THE COUNTY OF ORANGE RECORDED FEBRUARY 24, 1982 AS INSTRUMENT NO 92-10546! OF SAID OFFICIAL RECORDS. Page 1of4 PARCEL lWO: (APN: 121-253-15) PARCEL A AS SHOWN ON EXHIBIT "B" A1TAClfEO TO THAT CERT.Al CERTIFICATE OF COMPLIANCE RECORDED AP 28~ 1989 AS INITRU Nr NO. 13082 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL THREE: (APH: 1214'0-73) THAT PORTION OF ntE LAND KNOWN Al 1HE PRYOR HOMESIEAD, AS IA.ID PRYOR HOMESTEAD · DESCRIBED IN DECREE CF PARTrTIDN, RECORDED APRIL t .. 18961 AS DOCUMENT NO. 5719 IN BOOKZ1, PAGE 19QF DEEDSi RECORDS OF ORANGE COUNIY, CALIFORNIA, DESCRIBED A8 FOLLOW8: BEGINNING AT A 4X 4 REDWOOD POST MARKING SOUTHEASr CORNER OFntE LAND CONVEYED TO Al.BERT PRYOR AND CHRISTINE LA ELL BY DEED RECORDED IN BOOK 1111 PAQE 202 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THEKCE NORTH r 80 1 30" EAST 341.14 FEET ALONG TliE EASTERLY UNE OF SAID PARCEL, BEING TliE EASTERLY UNE OF 111E PRYOR HOMESTEAD M SAID EASlERL Y LINE SHOWN ON A MAP FILED I BOOKJ, PAGE 59 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF IAJD COUNTY, TO AN IRON PIPE; THENCE NORTH 13• a2 1 EA.ST240.0SFEET ALO . SAID EASTERLY LINE TO AN IRON PIPE; THENCE NORTH 68' 1r WEST 8'7.0D FEET, PARALLEL Wmt lltE SOUTHERLY UNE OF 8.AtD LAND OF LANDELLAND OTHERS, 1tJ THE CENTER LINE OF THE ATCH180N 1 TOPEKA AND SANTA FE RAILROAD: THENCE NORTHERLY ALONG SAID CENTER LINE 76.0G FEET; THENCE NORTH 669 1 .. WEST 400.00 FEET PARM.LB.. WITH SAID 50UTHERL Y UNE THENCE IOUlH 33a 41' WEIT TO SAID IOunt Y LlNEi 11elCE IOtmt B1• 1r EAST ALONG SAID 80UTHERL Y LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF1HE 100 FOOT RIGHT OF WAY OFT ATCHISON, TOPEKA AND SAHTA FE RAILROAD. ALSO EXCEPTING ntEREfROM THAT P RTIOH THEREOF DESCRIBED IN PARCEL NO. 121 OF THE DEED TO THE COUNTY OF ORANGE RECORDED MAY 13, 1981 Al INSTRUMENT NO. Etl· 211811 OF OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA. Page 2 of4 PARCEL FOUR: (APN: 1.21.J4NI) THAT PORTION OF 'rnE LAND KNOWN AS THE PRYOR HOMES'IEAD, AS SAID PRYCJt HOMESTEAD IS DESCRIBED IN DECREE OF PARTrTI RECORDED APRIL 14.1898, AS DOCUMENT NO. 57• IN BOOK 17, PAGE 19 OF DEEDS, RECORDS OF ORANGE COUNIY, CALIFORNIA. DEIC ED A8 FOLLOWS: BEGINNING AT THE KORTHEAST CORNER 1HAT CERTAIN PARCEL OF LAND CONVEYED TO Al.BERT PRYOR AND CRISTINA S. l..ANDELL BY DEED RECORDED MARCH~ 1905 IN BOOK 111. PAGE .202 Of EEDS. RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID POINT BEi G THE SOUTHEAST CORNER Of Tl1E NOR111ERL Y 91r.E ACRESALLOTJED TO ROSAA. IJE PRYOR, CASE NO. 1210, SUPERIOR COURT OF SAID COUNTY AND RUNN G FROM SAID POINT OF BEllNNINO SOUTH 80-20 1 W EAST ALONG THE EASTERl Y EXTENSION OFlHE SOlf1H LINE Of SAID 511'2 ACRES, 30D.40 FEET TC A POINT IN THE CEH1'ER LINE Df lltAT CERTAIN RIGHT OF WAY DEEDED TO THE STATE Of CALIFORNIA BY DES> RECORDED JUNE 29, 11'lt IN BOOK213. PAGE 110 OF OFFICIAL RECORDS OF SA.ID COUNTY, SAID POINT BEING NORTH 31• st• EAST 396..3G FEET FROM 1HE SOLTrHERLY END OF A 1Sl5.30 FOOT TANGENT LINE AS DESCRIBED I . SAtD DEED; THENCE SOUTH 3r 541 WEST 398.30 FEET ALONG SAID CENTER UNE TO THE BEGINN G Of A TANGENT CURVE; THENCE ALONG A TANGENT CURVE TO TlfE LEFT, HAVING A RADIJI QF 2000 FEET, ntROUGH AN ANGLE OF ur SI' sr A DISTANCE OF 312.12 FEET TO THE EASTERLY LINE OF A PARCEL OF CQNVEYED TO Al.BERT PRYOR BY DEED RECORDED JULY 24, 1929 IN SOOK 294, PAG 112 CF &AID OFFICIAL RECD I; 1H NOE SOlfTH 13" 32' WEST 112.3' FEET, MORE OR LESS. ALONG SAID EA!TERL Y UNE OF SAID LAST MENTIONED PARCEL.OF l.ANDTOAN IRON PIPE ATTIIESOUTHEASlERLYCORNEROFIAIO PARCELi 11tENCE NORTH II° 191 WEIT197 FEET PARAWL TO 11lE IOUT LY LINE OF SAID P.ARCl!L OF LAND Dl!!8CRIBEJ IN IA.ID Dl!!D RECORDl!D IN BOOK Hf, PAGE! 2(R OF Dl!ED8 1 RECORDS OF SAID COUNTY TQ THE CENTER LINE OF"niE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY; niENCE NOR'nieRLY AUlNG ntE SAID CENTER 71 FEET TO A PO T; lltENCE NORTH W 19' WEIT 7t15.1G FEET TO THE 80l1THEASTERLY CORNER OF TIIE PARCEL OF 1..6884 ACRES CONVEYED TO JOHN 0. FORSTER BY DEED RECORDED MAY 29, f931 IN BOOK480, PAGE 4GS OF SAID OFFICIAL RECORDS; THENCE NOlmf f ~EAST ALONG ntE EABTERL Y UNE OF SAID LAST MENTIONED PARCB. 45U4 FEET 10 THE Ormt&ASTCO ER THEREOF; THENCE 80UTH W 2.G' W EAST 1450.34 FEET TO THE POINT OF BEGINNING. EXCEPTING 1HEREFROM THAT PORTION LYING EASTERLY OFTllE WESTERLY LINE OF 1HE 100 FOOT RIGtfT DF WAY OF THEATCHl&Ort TOPEKA ANO &ANJ. FE OAD. Al.SO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED TO T ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED JANUARY 28.1913 IN BOOK 64091 PAGE 742 Of SAID OFFICIAL RECORDS. Page 3 of4 PARCEL FIVE: {APN: 121..a.o.71) THAT PORllON OF niE PRYOR HOMEITEAD TRACT, IN THE RANCHO BOCA ELA PL.A.YA, CITY OF IAN JUAN CAPISTRANO. COUNTY OF ORANGE, STAlE OF CALIFORNIA. PER MAP PAR11110N OF 8AID lRACT IN THE DECREE OF THE SUPERIOR COURT OF THE 8TATE OF CALIFORNIA, IN AND FOR THE COUNlY OF ORANGE. I CASE NO. 1210. DESCRIBED IN 'TliAT CERTAIN FINAL ORDER OF CONDEMNATION AS PARCEi L 1-1tltl RECORDED JANUARY I. 1963 IN BOOK 8386, PAGE m Of OFflCIAL RECORDS IN THE OFFICE OF THE COUNTY RECCRDER OF SAID COUNTY, LYING EA&TERL Y OF AUNE THAT 18 PARAL.Lfl. wmt AND 125.11 FEET EASTERLY FROM THAT CERTAIN COURSE DESCRJBED AS 11N.1t"37'11"E. 2223.41 FEET" IN SAID FINA.L ORDER OF CQNDEM~ ON. EXCEPT THEREFROM. AN UNDIVIDED t.13 INTEREST IN AND TD AU NERAt.8, MINERAL DEPOSITS, MINERAL OILIAND NAlURAL GA8E8 OF EVERY KIND AND NATURE CONTAIWED IN OR UPON SAID LAND 1 AS RESERVED BY JOHN F. POZAR AND MAR1HA E. POZAR, RECORDED JANUARY 11, 1998 IN IODK •111 1 PAGE 281 OF OFRCIAL RECamB. Al.80 !JCCEPTTHEREFROM1 AN UNDIVIDED 118 INTE!REIT IN All. •E!IW..8 GAS, OIL, PETROLEUM, NAPHTHA AND OlltER HYDROCARBON SUBSTANCES BELOW THE DEPlH OF 500 FEET FROM THE SURFACE OF THE.ABOVE DESCRIBED PROPERTY, SUBJECT TOTIIE EXPRESS UMfTATIO THAT THE FOREGOING REIERVAllOH SHALL IN NOWAY BE INTERPRETED TO INCWDE ANY RIGHT OF E!NTRY IN AND UPON THE SURFACE OF THI! A80YE-OE8CRJ.BSJ PROPERTY, OR THE FIRST 580 FEET OF THE SUBSURFACE TIIEREOF, AS RESERVED IW THE DEED FROM JOHN F. POZAR AND MARTHA E. POl.AR, llJSBAND AND WIFE, REC Rl>ED DECEMBER 12. 1H2 IN BOOK 1311PAGE140, OFFICIAL RECORDS. APN: 111440.73AND12t4Dot3AND111440.78 AND 12t· AND 121·253-15 Page 4 of4 N ~ 0 .... ffi :c Cl) ., / I / I i I I I I I I I I J / I ii -.~.....__ ~l l~ ""'·t:::~~ ..... ..,., t J,latlM / i i . l flf"f / .; •• I Ch ::c m !!l "' 0 "T1 "'