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into the ground approximately 8 feet deep. The structure
has a dirt floor and covers an area of 39 by 51 feet.
11. Asphalt paving: The paving covers approximately 40,000
square feet in driveways and parking and processing areas.
The paving is approximately 4 inches thick. The asphalt
covers most of the 5 acres leased, excluding those areas
that have a concrete foundation.
The foundation of each improvement is either an asphalt layer
that is approximately 4 to 5 inches deep, and/or a concrete layer
that is approximately 1 foot deep.3 A forklift or backhoe would
be used to remove the blacktop in 5 to 6 feet-wide chunks. To
remove the concrete, a jackhammer would have to be used to break
the concrete into pieces. To remove the support poles, a 30-ton
forklift would pull out the poles after the blacktop or concrete
is broken.
Decedent discontinued his active participation in the
operations of FNF when he discovered he had cancer in 1988 or
1989. By 1992, decedent’s son became FNF’s chief executive
officer, decedent’s daughter, Heidi, became the FNF
secretary/treasurer, and decedent’s son-in-law, Steve, became the
vice president. Decedent and his family never anticipated that
FNF would ever leave the premises.
3 The concrete layer is approximately 6 to 8 inches thick
above the surface, then another 6 to 8 inches deep below the
surface.
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Last modified: May 25, 2011