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HomeMy WebLinkAbout2022032524 recorded lot line adjustmentRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401-3218 Mail Tax Statements for Parcel 1 to: Laurel Creek, LP 505 Bath Street Santa Barbara, CA 93101 Mail Tax Statements for Parcel 2 to: Laurel Creek II, LP 505 Bath Street Santa Barbara, CA 93101 APN 004-962-034 & APN 004-962-035 AGREEMENT RELATING TO LOT LINT GRANT DEED(S), AND ACCEPTA 9 950 & 9160 Laurel Lane, San L SLOAL 2"- 099 The undersigned grantor(s) declare(s) that the doi ❑ computed on full value of property conveyed; or ❑ computed on full value less liens and encumbra O This Agreement is made an 2022, by and between Laurel Cr ECITALS 2022032524 Elaina Cano San Luis Obispo - County Clerk -Recorder 08/10/2022 11:47 AM Recorded at the request of: PUBLIC Titles: 3 Pages: 17 Fees: $329.00 Taxes: $0.00 Total: 329.00 tax payable hereon is $ this Co-L day of A. Laurel e c P owns that certain real property in the City of San Luis Obispo, County gf:8an ui ispo, State of California, described as follows: �gispo, Map SLO 19-0114, in the City of San Luis Obispo, County State of California, according to map recorded , 2020 in Book 82, Page 82 of Parcel Maps. property is also known as 1150 Laurel Lane, San Luis Obispo, y Assessor's Parcel Number 004-962-034, and hereinafter referred Page 1 of 6 L\ DOC #2022032524 Page 2 of 17 B. Laurel Creek II, LP owns that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: Parcel 2 of Parcel Map SLO 19-0114, in the City of San Luis Obispo, Co n y of San Luis Obispo, State of California, according to map or November 25, 2020 in Book 82, Page 82 of Parcel Maps. Said real property is also known as 1160 Laurel Lane, Sa uis spo, California, County Assessor's Parcel Number 004-962-035, and her ' er re rred to as "Parcel 2". C. The parcels of real property comprising the "Pa c 11 " and "Parcel 2" property are herein collectively referred to as the "Rea ro " D. On June 3 , 2022, the City of an Luis b'spo's Community Development Director approved a lot line adjustm n SBDV-01 -2022 for the Real Property. A copy of this approval is attached hereto hibit' ' E. The new boundaries of "Par I " are more particularly described in Exhibit 'B-1' and shown in Exhibit 'B-2' attac a hereto. The new boundaries of "Parcel 2" are more particularly described ' xh i 'C-1' and shown in Exhibit'C-2' attached hereto. F. Laurel Creek, LP and`L own the property more particularly attached Exhibit'B-2'. intend that Laurel Creek, LP will ched Exhibit'B-1' and shown in G. Laurel Cre P and Laure`I iCreek II LP intend that Laurel Creek II, LP will own the prope o e arti described in attached Exhibit 'C-1' and shown in attached H. Laure k d Laurel Creek II, LP intend to finalize said lot line adjustment by exec n nd ordation of this Agreement, which shall constitute their granting of to s hat they may have in each others' portions of the Real Property. NOW T FO , the parties hereto agree as follows: 1 Fo uable consideration, Laurel Creek, LP grants and remises any i t est " e pro erty, more particularly described in Exhibit 'C-1' and shown in Ex ' r 'C- 'a ched hereto. 2. Laurel Creek II, LP accepts said interest. Page 2of6 DOC #2022032524 Page 3 of 17 3. For valuable consideration, Laurel Creek II, LP grants and remises any interest in the property, more particularly described in Exhibit '13-1' and shown in Exhibit'B-2' attached hereto. 4. Laurel Creek, LP accepts said interest. Execution of this Agreement by a party hereto manifests its intent t co ey the interests referred to in Paragraphs 1 through 4 above and should b onsi d to be a delivery of the deeds contained herein. 6. This Agreement and the Deeds contained herei b e 've at the time this document is recorded in the Official Records of t Coun f S uis Obispo. Project Addresses: 1150 and 1160 Laurel Lane an is Obis o 93405 Assessor's Parcel Number(s): 004-962-034 and 035 Lot Line Adjustment Number: SLO AL 22-0011 City Plan Number: SBDV-0188-2022 IN WITNESS WHEREOF, the parties the grant deeds contained herein on acknowledgments. O Laurel Creek, LP, a California limited LAM Laurel Creek II, By: 11 in a ;to a e executed this Agreement and 'tesn in the attached notorial Patrick N. Smith, Manager limited partnership ck N. Smith, Manager All Signatures Must Be Notarized! Page 3of6 DOC #2022032524 Page 4 of 17 City Certificate There has been compliance with the conditions of the approval of the lot'* adjustment referred to herein. �\ 0 Date City of San Luis Obispo, Community Development Dept. By: Michael Codron, Director A Notary Public or other officer completing this certificate verifies only h 'dentity of th i dividual who signed the document to which this certificate is attached and not the truthfulness, cu or li ItV of that document. State of California } County of San Luis Obispo } On - C4 2�72� , before me, <1L.1. %% 1�z f a ul(" Die Kfetma an flw of 1ha personally appeared, who proved to me on the basis of subscribed to the within instryrpent his/#eFAheir authorized ca person}, or the entity up eha I certify under PENA paragraph is true and WITNESS my hand Signature 0 na 're f Notary Public Once to be the person(s} whose name(} is/afs ed to me that he/sheAhey executed the same in his{#eFAheir signature(o on the instrument the )n{s3 acted, executed the instrument. r the laws of the State of California that the foregoing KEVIN R. CHRISTIAN Notary Public - California z _ San Luis Obispo County T 1 Commission if 2302534 Jr Place Notary Seal Above Page 4 of 6 DOC #2022032524 Page 5 of 17 Beneficiary's Consent to Lot Line Adjustment CPIF CALIFORNIA, LLC, a California limited liability company is th rrent Beneficiary under Deeds of Trust recorded April 1, 2021, as Instrumen 20 024687 and 2021-024690 of Official Records in the Office of the Coun ec r of the County of San Luis Obispo, State of California, and Deed of Trust rded J 1 5 2022 as Instrument No. 2022-027659 of said Official Records. The Deeds of Trust encumber the real properties describ in h a ched "Agreement Relating to Lot Line Adjustment, Grant Deeds and (The "Agreement"). As the Beneficiary of said Deeds of Tru t, consent to the execution and recordation of the r(ii) t, recordation of said Agreement, Trustees and Bes in property (i) shall be subordinate to the agreementall being adjusted rather than the former lot lines beinded LENDER: CPIF CALIFORNIA, LLC, a California limited 'a Hity company iA /'1� (sign -nefi i ry hereby that upon in said real ly to the lot lines this Agreement. Print Name and Title ALL SIGNATURESMUST BE NOTARIZED! Page 5 of 6 DOC #2022032524 Page 6 of 17 Beneficiary's Consent to Lot Line Adjustment OTTLEY PROPERTIES, LLC, a Delaware limited liability company is th C-Urrehtt Beneficiary under Deed of Trust recorded April 1, 2021, as Instrument N­6 024689 of Official Records in the Office of the County Recorder of the an Luis Obispo, State of California. The Deed of Trust encumbers the real property described e'- ti hed "Agreement Relating to Lot Line Adjustment, Grant Deeds and to ce reof" (The "Agreement"). As the Beneficiary of said Deed of Tru t Bene ' i ry hereby consent to the execution and recordation of the Agreernrprit, agr that upon recordation of said Agreement, Trustees and Be e . is 's in re in said real property (i) shall be subordinate to the agreement d (ii) shal a�ply to the lot lines being adjusted rather than the former lot lines bein uperseded by this Agreement. IIA4-ilkQ OTTLEY PROPERTIES, LLC, a Delaware limite i %'-ity company By: (sign re 0 R By: �*�ia u e) Print Name and Title Print Name and Title ALL SIGNATURES MUST BE NOTARIZED! Page 6 of 6 DOC #2022032524 Page 7 of 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who sig ocumej to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California t_ 1 County of �52yx `�t5 aILSI D J} &+ V On OLP 3U14-I 2072 before me, _ Date personally appea 4,1,A rd-es Here Inse" Name(s) of who proved to me on the basis of satisfactory evidence to be the pe'rsoW wh a ameWis/ash subscribed to the within instrument and acknowledged to me that he/sly/they exetuted t ame in his/r*/tF�eir authorized capacity(iA), and that by his/h*r/t1*ir signat4reo on the instrument the personA, or the entity upon behalf of which the persons acted, executed the i tr ent. ce i derENALTY OF PERJURY under the BEruANN ULEc la f e- ate of California that the foregoing Notary Public- California � p r gra I- '�� San Diego County > Commission # 2272019 WI My Comm. Expires Jan 16, 2023 OSignature Place Notary Seal an /o Sta�n� Above Description of Attached Title or Type of Pbwmel Document Date: Signer(s) Other Tlaa" Capac$ner la' e Signere, orOfficer — " P imited ❑ Indivi al ❑ Trus e ❑ Other: Signer is 3 OPTIONAL is true and correct. my hand and official seal. i Signature of Notary Public �n can deter alteration of the document or of this form to an unintended document. (,c;u. A�c�s4 �' t-2w el Crty , L0 Signer(s), tle(s): ❑ General ❑ Attorney in Fact ❑ Guardian of Conservator 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: DOC #2022032524 Page 8 of 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1 ?� A notary public or other officer completing this certificate verifies only the identity of the individual o si d the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that d men . State of California County of _sw L us (%-"AO On Go before me, Date personally appeared'Pak1(L&C. N vt� 141�10 ",N6 Here Insert Name(s) of who proved to me on the basis of satisfactory evidence to be th erso whose name(x) is/aJre subscribed to the within instrument and acknowledg o me that he/sl*/tt*y executed the same in his/her/tf it authorized capacity(i ), and that by his/IT ignature*on the instrument the person(), or the entity upon behalf of which the person%) acted, exe to the instrument. I ce der IN LTY OF PERJURY under the laws of to f C ' ornia that the foregoing paragraph is t ue or t. and official seal. Signature of Notary Public an deter alteration of the document or untended document. �t{,ryl Larc. ll L Document Date: O'i (0(.12t7 Z 2 ove: Jame: ate Officer — Title(s): — ❑ Limited ❑ General jal ❑ Attorney in Fact ❑ Guardian or Conservator Representing: � 1 � • • ' • • • • • • ill � " ill i • •i •1 DOC #2022032524 Page 9 of 17 WASHINGTON NOTARY ACKNOWLEDGEMENT (REPRESENTATIVE) STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that appeared before me, and said person acknowledged Consent to Lot Line Adjustment, on oath stated that h instrument and acknowledged it as the Manager of CI limited liability company, to be the free and voluntary uses and purposes mentioned in the instrument. WITNESS my hand and official seal hereto V-3tr tiv,, I?o\c, (Print or stamp name NOTARY PUBLIC My Appointment of Washington P�*son who this Beneficiary's d to execute the LC, a California f said person for the 2.- day of , 2022. \ \\�t►►unl►rn1i�,,� Pt/ < My Appointment Z 20111115 Kierstin Anne Scanlan Expires 9 09/26/2023 A WASN�1 G DOC #2022032524 Pagel 0 of 17 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California } County of San Luis Obispo } On J to ly 12;", 2022 , before Date personally appeared, COIl��n R;e&4e ,t�o�A�y FIAbt1L Name and Title of the Officer B. WhJe- Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( e is/are subscribed to the within instrument and acknowledged to me that he/she/t ex u dmthe same in his/her/their authorized capacity(ies), and that by his/her/their signatures on the i stru t the person(s), or the entity upon behalf of which the person(s) acted, d t strum certify under PENALTY OF PERJURY under the laws of t e State that the foregoing paragraph is true and correct. �Ay�'t e AM WITNESS my hand and official seal. u Signature :Q�I�Q. Pula0.9 Signature of Notary Public 4 6 SAN IA Notary Public or other officer completing this-o6rt' icat� 'v' e{ifr s o I the identity of the individual who signed the I document to which this certificate is attached and t e t h accuracy, or validity of that document. State of California County of San Luis Obispo On , r be m �� , Date Name and Title of the Officer personally appeared, Name of Signer(s) who proved to me a asl o atisfactory evidence to be the person(s) whose name(s) is/are subscribed to the i in in r en and acknowledged to me that he/she/they executed the same in his/her/their autho i ed cap i (ies), and that by his/her/their signature(s) on the instrument the person(s), or the a on alf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing official seal. Signature of Notary Public Place Notary Seal Above Exhibit 'A' DOC #2022032524 Page 11 of 17 Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 805.781.7170 slcci�'.ary' Chuck Braff Laurel Creek, LP & Laurel Creek 11, LP 505 Bath Street Santa Barbara, CA 93101 SBDV-0188-2022 (1150,1160 Laurel Lar>�I Review of a lot line adjustment between t`` categorically exempt from environmental Dear Chuck Braff, On June 3, 2022, I reviewed your request for a lot line at 1150 and 1160 Laurel Lane (APN 004-962- respectively. The lot line adjustment wo e (north�vesterly) rear property lines o cel p o located along the northeast property h eNear 2, and result in a gross lot area of 8.4 ac Parcel 1 that is added to Parcel 2 c si remain. No development is proposed or Both parcels are prir and partially located Lane. Modified pro existing property 1 ni consideration, I ha conditions: adjustment between two existing parcels located • 5), h' hare referred to as Parcel 1 and 2, It the existing (southwesterly) side and t 610 feet northwest to incorporate land djustment would add 1.42 acres to Parcel and 3.1 acres for Parcel 2. Land taken from ig landscaping and recreational areas that will Parcel 2. h� ufacturing Zone with Mixed -Use Overlay (M-MU) i rth Special Considerations Overlay (O-S) along Laurel ;ated within the M-MU zone, and no changes will occur to located within the O-S zone for either parcel. After careful jest, based on the findings and subject to the following d, the o line adjustment consists of land taken from Parcel 1 at 1150 Laurel Lane o jacent Parcel 2 at 1160 Laurel Lane, and a greater number of lots than existed is not created. iroposed, the modified parcels are consistent with the General Plan and Municipal Code tu the project complies with subdivision design standards and development standards, i 'ng parcel design, minimum lot area, setbacks, etc., for the M-MU zone and does not portions of the parcels located within the O-S zone. Additionally, the lot line adjustment not result in any adverse impacts to the environment or public safety because there is no Jopment proposed for enlarged Parcel 2 or change to access for either parcel. DOC #2022032524 Page 12 of 17 SBDV-0188-2022 1150 & 1160 Laurel Lane Page 2 3. As proposed, the lot line adjustment does not create inconsistencies with the Genera Ian, Zoning Regulations, or Building Code because the modified parcels are consistent th subdivision design standards and development standards for the M-MU zone, do resu i any changes to portions located within the O-S zone, and will be in complian it Building Code. 4. The modified lot lines do not alter an existing public right-of-way. 5. The adjustment does not result in an increase in the number of n co p els nor increase the nonconformity of any existing parcel because the mo 1 ed pa a are o 'stent with development standards such as lot coverage, lot size, floor ratio, n ity, se acks, etc. in the M-MU zone and does not alter portions of parc is to a wi i the 0-S zone. 6. The lot line adjustment is categorically exempt and r lass 5, Mi r iterations in Land Use Limitations, Section 15305 of the California Envir ental Quality Act (CEQA) Guidelines because it is a minor lot line adjustment for parcels w an aver a slope of less than 20% (1.2% to 1.31/o) and does not result in changes to 1 d ed maximum residential density, or create any new lots. Indemnification 1. The applicant shall defend, indemnify 1 arnllgsss the City and/or its agents, officers, and employees from any claim action pro e g ainst the City and/or its agents, officers, or employees to attack, set a�, voi ul, a approval by the City of this project, and all actions relating thereto, inclu 'n but o ed to environmental review ("Indemnified Claims"). The City shall prom i th plicant of any Indemnified Claim upon being presented with the Indemni a aim City shall fully cooperate in the defense against an Indemnified Claim. 0 Code Reauirements The project is req i d t all p 'cable City codes and standards. Code compliance will be verified during the ec r ess, which may include additional requirements applicable to your project. Some of the ,re iremehts ave been noted below. Engineering Diyfsjon.-(79mmi rnity Development /Public Works Departments 2. The 1 t l ine adj s ent (LLA) shall be finalized with either a parcel map or a lot line a ' s ent. If the agreement is pursued, the applicant shall submit a "Declaration o t stment" to the Public Works Director for review, approval, and recordation, ased pies available in the Community Development Department. The submittal shall clude pplication submittal items, processing fees, required recording fees, and an 8 %z" 1 " map exhibit suitable for recording. parcel map or lot line adjustment agreement exhibits and legal descriptions shall be aced by a California Licensed Land Surveyor or Civil Engineer authorized to practice land A beneficiary consent to LLA shall be recorded concurrent with the recordation of the LLA. DOC #2022032524 Page 13 of 17 SBDV-0188-2022 1150 & 1160 Laurel Lane Page 3 5. A separate exhibit showing all existing public and/or private utilities and improvemen hall be approved to the satisfaction of the Community Development Director and Public o s Director prior to recordation of the LLA. The site/utility plan shall include d 'nage circulation improvements, water, sewer, storm drains, gas, electricity, telephon , b e water wells, and any utility company meters for each parcel if applica . y uti relocations shall be completed with proper permits and receive final inspect' app v s prior to recordation of the LLA. Otherwise, easements shall be prepared recorde the satisfaction of the Community Development Director, Public Works Di c and s rving utility companies. 6. In the absence of a blanket easement, a detailed exhibit of all u it ties an u ility any meters will be required. Specific easements may be proposed to o ow exis i g or proposed utility locations. Building permits may be requiredr upgr e o relocations. If required, said permits shall be issued based on pved uilding Division. Permits authorizing any required work shall re ins a tion approvals to the satisfaction of the Building Official prior to recorde in r Lot Line Adjustment Agreement. 7. Final lot line locations and building setb shall consider building allowable area analysis, exterior wall protection, projections, exitin the location of building service equipment in accordance with the uniform codes to th s 'sfaction of the Building Official. Any necessary analysis and/or exhibits shallbei review and shall be approved prior to recordation of the LLA. / My action is final unless appealed with appeal the action by submitting a letter specified. The appropriate appeal fie" scheduled for the first available Minor - notified by mail of the dat d ti e f The approval expires prior to the expirat' time extension, p rs Subdivision Reaula If you have any q , 1 Sincerely, ( C)) of the date of the decision. Anyone may . Development Department within the time the appeal documentation. Appeals will be ring Date. If an appeal is filed, you will be jig map/agreement has not yet been recorded. On request, roval, the Community Development Director may grant a 0.155 (Time Extension for Parcel or Final Maps) of the on Map Act. Hannah Hanh at (805) 781-7432 or hhanh@slocity.org. DOC #2022032524 Page 14 of 17 EXHIBIT "B-1" LF PAR( Those portions of Parcel 1 and Parcel Obispo, County of San Luis Obispo, S 25, 2020, in Book 82, Page 82, of Parc County, lying southerly and southwest Beginning at the southeasterly corner i line of Laurel Lane, 81.00 feet wide, a said Parcel 2, North 57° 16' 14" West 3 48°53'54" West 51.39 feet to a point c West 28.10 feet; thence North 12°17': feet; thence North 32°42' 19" East 50. South 32°42' 19" West 16.63 feet; the. point on the westerly line of said Parc( most northerly corner of said Parcel 1 Containing: 8.66 acres, more or less ,10 ►.A Legal Description prepared by or under the supervision of: F NO. 8356 r(5/22/2022 qT� OF CALF Cristi E. Fry, LS 8356 (date) Page 1 of 1 DOC #2022032524 Page 15 of 17 EXHIBIT "B-2" LOT LINE ADJUSTMENT SLO AL 22-0019 _ h LAUREL LANE S32042'29"W P.O.B. SE CORNER PARCEL 2, 82 PM 82 ao 0 ti c� SOUTHERLY LINE PARCEL 2 PARCj5L 8 82 PM B2 PA L 2� N ° N.A.P. 70 79 .P. LO 0 z S48053'54"W 51.39' PORTION OF PAR L NEW LINE BEING REMOVE PARCEL > N57°36' 9 28.10' LINES N12°17'31' 4. ' i M co (V co T co PARCEL 2 Lo z PARC15L 4 3.09 AC.+/- A CEL I EING 82 PM 82 N.A.P. ire \ 4211 5 .90, LO ARCEL 1 8.66 AC. +/- N W PARCEL LINES o L N C) 32°42'19"W 16.63' �0. v 0 ui ?N T MOST N'L O ER NEW PARCEL LINES PARCEL 1, 82 LO z Q WESTERLY LINE z 917, 83' PARCEL 1, 82 PM 82 -' � z o S41 ° ° /d'� 13 29 W Asti 5�P y fall HORIZONTAL SCALE: 1" =100' Date: 6/22/2022 150 0 150 300 PAGE 1 OF 1 DOC #2022032524 Page 16 of 17 EXHIBIT "C-1" PARCEL 2 of SLO AL 22-0011 Those portions of Parcel 1 and Parcel 2 of Parcel Map SLO 19-0114, in Obispo, County of San Luis Obispo, State of California, according to in 25, 2020, in Book 82, Page 82, of Parcel Maps, filed in the offfceohe County, lying northerly and northeasterly of the followinged lin Beginning at the southeasterly corner of said Parcel 2, being point in the esterly right of way line of Laurel Lane, 81.00 feet wide, as shown on said map; jh ce along a southerly line of said Parcel 2, North 57° 16' 14" West 337.08 feet, to an angle p ' t o s ' line; thence South 48°53'54" West 51.39 feet to a point on said line;<thence leaving said line, North 57°36' 19" West 28.10 feet; thence North 12°17'31" West 24. t; thence North 57°12'35" West 168.58 feet; thence North 32°42' 19" East 50.90 feet; thence 57017'41" West 290.55 feet; thence South 32'42' 19" West 16.63 feet; thence Nort ° '417 t 275.64 feet, more or less, to a point on the westerly line of said Parcel 1, dist S 4 ° 3 29" West 117.83 feet from the most northerly corner of said Parcel 1 sho n s Containing: 3.09 acres, more or less Legal Description prepared by or under the supervision of: Cristi E. Fry, LS 8356 DOC #2022032524 Page 17 of 17 9 tQ �D 4 EXHIBIT „C-2„ LOT LINE ADJUSTMENT SLO AL 22-0011 _ LAUREL LANE °0 S32°42'29"W 80 0 r cm M (D LO LO z �f NEW PARCEL LINES M zo LO CV .- op PARCEL 2 o co G — z 3.09 AC.+/- 1_ rE MOST N'LY PARCEL 1, R u - HORIZONTAL SCALE: 1" = 100' 150 0 150 300 P.O.B. SE CORNER PARCEL 2, 82 PM 82 SOUTHERLY LINE PARCEL 2 PARCA5L 3 B2 PM B2 N.A.P. 48°53'54"W 51.39' PORTION OF PARCEL LINE BEING REMOVE > N57036' 28.10' N12°17'31' . 8' � U CEL I EING E 42'1990, i 8.66 AC. +/- PARCEL LINES 42' 19"W 16.63' NEW PARCEL LINES WESTERLY LINE % PARCEL 1, 82 PM 82 S41°j3729 W- PARCEL 4 82 PM 82 N.A.P. Date: 6/22/2022 PAGE 1 OF 1 �fA 1i1 AP 11AAe en oem..o