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HomeMy WebLinkAbout16-Public Works C:ITV' OF SAN BERNARDINO '. . File No. 15.02-1259 #30 & 31 - REQUEST FOR COUNCIL ACTION From:ROOER G. HARDGRAVE, Director Dept: Public Works/Engineering Date: January 27, 1997 Subject: Hearing on Determination that the Public Interest and Necessity Requires the Acquisition of Certain Real Prop- erty for the Extension of Orange Show Road (Green Property - #30 & 31) RIG/HAL Synopsis of Previous Council action: 07/06/92 -- Authorization granted for City to assume responsibility for project man- agement services. Q4/08/93 Resolution No. 93-97 adopted authorizing execution of Agreement executed with David Evans & Associates for the Acquisition of right-of-way for the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue. 10/04/93 Resolution No. 93-379 adopted authorizing execution of First Amendment to Agreement to amend Task 7 of Exhibit "1" Environmental Site Assessment. 01/08/96 Resolution No. 96-05 adopted authorizing execution of Second Amendment to Agreement to amend Tasks 1, 3 & 4 of the original Agreement and to author- ize additional costs. 06/03/96 Establishment of Fair Market Value for Orange Show Road Properties and Authorization to Proceed with Acquisition of Right-of-Way Recommended motion: 1. That the Hearing relative to the Necessity of Acquiring Real Propert~(Green) for the Extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue be Closed AND 2. Adopt the Resolution ~ cc: Bill Bopf, IVDA Fred Wilson, Acting City Administrato James F. Penman, City Attorney Barbara Pachon, Finance Director 6E- Contact person: Anne DeBolt 5328 Phone: 1 and 3 Staff Report and Resolution Supporting data attached: FUNDING REOUIREMENTS: Amount: Ward: $700 (Federal Aid STP and IVDA Funds) Source: (Acct. No.! 242-362-5504-1996 Extension of Orange Show Road from (Acct. DescriDtion) Arrowhead Avenue to Tippecanoe Avenue Finance:~k~~~ Council Notes: Res 97 -.15 J./3/CJ7 Agenda Item No. 1 ~ 75-0262 '" ClTY:OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION , . STAFF REPORT On June 3, 1996, the Mayor and Common Council approved the Establishment of Fair Market Value for Orange Show Road Properties and Authorization to Proceed with Acquisition of right-of-way needed to construct Orange Show Road. The City is currently in negotiations with approximately 50 property owners for the acquisition of approximately 71 parcels or portions of parcels along the proposed route. Mr. and Mrs. Green, owners of the property described in Acquisition Map No. 30 and 31 have declined to accept the established fair market value offered by the City, and eminent domain proceedings will be necessary to complete the acquisition. Mr. and Mrs. Green's property is located on the North side of Pioneer Avenue, East of Waterman Avenue. The City is taking approximately 793 square feet. The appraised value for the property being taken is Seven Hundred Dollars ($700.00). Mr. Green first requested help with re-installing a fence, which did fit within the parameters set by federal law and Caltrans, but now he is asking for much more. We do not have any more time to negotiate. There is no basis in the appraisal of the property to support this claim. Adoption of a Resolution of Necessity is the necessary legal step under the Eminent Domain Law to commence proceedings. The law requires that the property owners be af- forded a hearing prior to the adoption of the Resolution in which the following issues need to be determined: (1) whether the public interest and necessity require the pro- ject; 92) whether the project is planned or located in the manner that will be compat- ible with the greatest public good and the least private injury; and (3) whether the property sought to be acquired is necessary for the project. Notice of this Hearing was sent to Mr. and Mrs. Green by certified mail at least 15 days prior to the Hearing, as shown on Exhibit "c" attached to the Resolution. The hearing is not a time or place to negotiate with the owners or hear complaints about the City's appraised value, and the discussion should be limited to the three issues outlined above. All costs required for acquisition of this parcel will be charged to Account 362-5504-1996, "Extension of Orange show Road", and reimbursed from Federal Funds (88%), and IVDA (12%). No. 242- Aid STP We recommend that the Hearing be closed, and that a finding be made that the public interest and necessity require the acquisition of Mr. and Mrs. Green's property. 01/27/97 -2- 75-0264 ",,'" ": ~ It..____......_ . . "".' iJ;.. . ,u"'o!E"~_"'.~;"~ " \:e~!-\':i;,'~-I io'" _" 'I fRA No. '/ '/8 I'> fAR 18 ]\0. L} <D ... 0 NL 3] / 5 ..1 . .... 63 0 Gl en co c 0 0 I I ... N N III l"- I"- ... Gl III ~ I I 0 2 w 0 0 N co co CD<D ~ N N ...... 10 0 .... ......1 . . 10 0 V Z Z .... .... , Glo ~ . . v c 0- 0- w -... 10 -G) N . . " <( <( 10 G) N ....... III Gll'> ~I'> Southwest corner of Lot 63 - - - - - - - - -t- - - - - - PIONEER S89"35'54'E 167,0' ~ - - - - - - - - - - - t- - - - - - - - - - STREET i: Iii c ~ . , " . . ~ ~ o ~ SCALE: - o I . = 100' ;.. N ~ Southwest corne of the East 33 feet 0 Lot 62 TRUE POINT OF BEGINNING FEE OWNERSHIP, David A. Green Essie L. Green GRANT DEED PER. Book 1604 Page 78 O.R. 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That portion of Lots 62 plat thereof recorded Recorder of said County, and 63 of Tract No. 2228, Valley Truck Farms No. in Book 31 of Maps, Page 95, in the Office of described as follows: 4,. as per the County Beginning at the Southwest corner of said Lot 63; thence South 89' 35' 54", a distance of 167.0 to the Southwest corner of the East 33 feet of Lot 62; thence North 00' 01' 25" East, a distance of 4.75 feet to a point lying 46.00 feet North of the centerline of Pioneer Street, as measured at right angles to said centerline; thence North 89' 35' 54" West, a distance of 167.0 feet, more or less, to a point in the West line of said Lot 63; thence South 00' 01' 25" West, a distance of 4.75 feet, to the Point of Beginning. contains 793 square feet, more or less . . EXHIBIT "A" ~~j~~- . ~"\\" '~.~,,;>' or.-;:.... . fRA T No. '/ '/8 ,.., VALLE '/ Tf UCJ< fAR 18 f\ 0 . -4 '" ... 0 ...J NL 31 / 5 . ... 63 0 Q) en c:o c 0 0 I I ... N N '" r- r- ... Q) '" 3: I I 0 ? UJ 0 0 Q)N c:o c:o .c'" N N ...... It'l ...0 ... , , . . It'l 0...J .... Z Z ... ... . , Q)o 3: . .... c a.. a.. UJ -... It'l . . , -Q) N <I: <I: It'l ...Q) N ",'" Q),.., 0 3:,.., 0 0 z Southwest corner of lot 63 - - - - - - - - -t- - - - _ _ PIONEER S89'35'54'E 167.0' ~ - - . - . - - - . - - (- - - - - - - - - - STREET " N " N ~ Southwest corne of the Eost 33 feet of lot 62 TRUE POINT OF BEGINNING FEE OWNERSHIP. Dovld A. Green Essie l. Green GRANT DEED PER. BoOk 1604 Page 78 O.R. Recorded May 4. 1943 I I ~ INDICATES EASEMENT FOR ROADWAY PURPOSES " - INDICATES AREA OF 'PERMIT TO ENTER AND CONSTRUCT' o ~ P"[I'AR[O IT. DMJ\1 "'..nIno 0/'''1'''''''. (no_I"" "'~~";"'lrlOfll" ;; SCALE: I' = 100' EXHIBIT "B" Danl.l. wann. JOI'IntGl"l. ....ndetV\Q11 275 W..t Ho.altollfr Lon., SuIt. ]14 San 8er~dlno, Col fornlo 9240. (909) 889-3<166 ( . CITY OF San Bernardino PUBLrc WORKS/ENGINEERING ROGER G. HARDGRAVE. R.C.E. DIRECTOR January 1~. 199- ,\~ile ~o. 15.02-1259 ~ Acquisition ~~p No. 30 & 31 Sent by Certified ~fail Receipt No. P-225-919-690 Return Receipt Requested ~IR. A.'iJ) ~IRS. DAVID GREE:-J 5~0 EAST PIO~~ER STREET S.~, BE~~\RDI~O. CA 92~OS Dear ~. A'iD MRS. GREB;: . The law pro,ides the procedure for public agencies to acquire private property for public use. It presently requires that every agency which intends to condemn property must notify the owners of that property of its intention to condemn. Such notice must be prior to submission of an authorizing resolution to the appropriate commission for adoption. The purpose of the attached ~otice of Ir.:e~t is t..) a(~vise you that acquisition of your property will be s(:ug~: thn.i'jgh jt:.cicl?.i !;rocess if an J.m:cable agreement is not reached. .-\gree:Jlent jet',l.ee;; an owner and ~he City may be delayed for a variety of goed r:asons: however. in order to maintain a schedule for construction of this project. certain procedural steps must be taken. One such step is to advise an owner of our intent to acquire property through court proceedings. The project which requires your property is now scheduled for construction in the near future. A legal description of the required property is also attached. T~e att~;~ect ~otice of Intent gives you an opportunity to appear before the \1dyor aGe Commlin Co'..:ncil at the regular City Council ~Ieeting of teo!uary 3. !~a-. and ~aise questions concerning the public interest. necessity, and loca- t ion 0: the project as it affeccs your property. The subject of the amour.t of compensat ion for your property is not an issue for the ~Iayor and Common Counci 1 and it will not be considered by them. If the Resolution is adopted. the City has the authority to file an eminent domain action in the Superior Court. In ch~t Superior Court proceeding the amount of condemnation is determined. . EXHIBIT "e" 300 NORTH O' STREET, SAN BERNARDINO. CALIF 92418 0001 (.O.)3.4.S11103.4.SI12.FAX:3.4.S1SS . . . . Jan:.:1'-:Y 1~. 199- 'File :\0. 15.02-1259 Acquisition Map ~o. 30 & 31 GRED: Page T'.o r If you desire to appear before the ~~yor and Common Council and give .proper notice of appearance, the February 3. 1997. regular City Council Meeting will be he Id in Counc i 1 Chambers at San Bernardino Ci ty Hall, 300 :\orth "D" Street. San Bernardino. CA 92~IS. beginning at 9:00 a.m.. with Public Hearings general- ly beginning at 10:00 a.m.. or as close to that time as possible. If you have any questions regarding the procedure, you can reach me by tele- phone at (909) 33~-532S. Sincerely, ROGER G. HARDGRAVE, :e::~y Engineer .A~'\C: DeBOLT Real Property Specialist Attachments cc: Henry Empeno. Deputy City Attorney i . CITY OF San Bernardino PUBLIC WOAKS/ENGINEERING ROGER G. HARDGRAVE. R.C.E. DIRECTOR S....N BERNARDINO CITY COUNCIL NOTICE OF I:-.-rENT TO ADOPT RESOLL-rION OF NECESSITY TO ....CQUIRE CERTAIN REAL PROPERTY OR IN-rEREST IN REAL PROPERTY BY EMINE.~-r DOMAIN (Code of Civil Procedure, Section 1245.235) TO: MR. AND MRS. DAVID GREEN 540 EAST PIONEER STREET SAN BER'IARDINO, CA 92408 California Code of Civil Procedure, Section 1240.030, provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: . (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner of record. ',au iI!"e hereby n"tified that the ,Iayor and Common Council at their meeting ta be held on February J. 199-. in San Bernardino, C...., will be asked to decide if the above conditions are met concerning your property and. if so, to adopt a Resolution of Necessity. The Public Hearing portion of the City Council Meet- ings begins at 10:00 a.m, or as close to that time as possible. Questions concerning the amount of compensation to be paid are not a part of this pro- ceeding and the ~ayor and Common Council do not consider such in determining whether a Resolution of Necessity should be adopted. The adopted Resolution '"ill authorize the ,fayor and Common Council to acquire the property by eminent domain. A description of the required property is attached ta this Notice and is marked Exhibit ......... If you file a written request to appear (within 15 days from the mailing of this Notice) you are entitled to appear and object to the adoption of the Resolution. Objections are limited as set forth below. ....!l requests to appear must be sent for filing to the City Clerk. City of San E',ernardino. 300 \crth ..C" Street, San Bernardino. C.~ 92-1-18. . 300 NORTH '0. STREET. SA~ BERNA.RDINO. C.\LIF 92.'a 0001 (iOI)).4.S111.31..St12.F4X:3.4,S155 ~OT!CE OF I~,D<, TO AIJC Acquisition ~ap ~o. 30 & January I~, 199~ Page Two RESOLu,ION OF NECESSITY JI (- . The written request must actually be on file within the IS-day period. Failure co file a written request results in a waiver of your rights to appear and' be heard. Your written request to appear should include a statement of the condition(s) which you feel are pertinent to your property. The three conditions which may affect your property are set forth above (designate (a), lb), and (c)). By designating which condition forms the basis of your concerns. and why, you will el'!ab Ie the ~Iayor and Common Counci 1 to have a fu 11 and expedi t ious review made of the project's effect on your property. For your convenience, the ~ayor and Common Council will consider any written observations you may wish to submit, so long as such written observations are filed with the City Clerk within the IS-day period. The ~ayor and Common Council must adopt a Resolution of ~ecessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of ~ecessity, the City will commence eminent domain proceedings in the Superior Court in San Bernardino County (where the property is located). In that proceeding, the court will determine the amount of compensation to which you are entitled. ~ If you have any questions, please call .~ne DeBolt at (909) 3S~-S328. January l~. 199~ ReGER G. !{-\R[(;R..IYE. Di,e~tor of Public horks/City Engineer . Entered into Record at CouncillCmyDevCms Mtg: ;). /3 /q 7 Revised Statement by re Agenda Item ILP January 30. 1997 -14 A.l'Ju.R (' j ,dl J? ./ City Clerlc/CDC Secy City of San Barnardino Daniel Green Essie L. Green 540 E. Pioneer St. San Bernardino. CA 92408 To: San Bernardino City Council 300 North '0' Street San Bernardino. CA 92401 This is a request to appear before the City Council in the matter regarding File No. 15.02-1259. Acquisition Map No. 30 & 31. My purpose for appearing before the Council relates to items (b) and (d) of "The Notice of Intent." (b) Please refer to the portion "and the least private injury." The private injury here is that the safety and privacy of our property will be further and substantially compromised due to the anticipated increase in traffic and other activities expected to access the area. When meetings were held in the community to present the Orange Show Road Project. City officials indicated that the sewer line and other utilities would be installed underground as part of the Orange Show Road Project. In 1993-1994 (engineer's office can confirm the correct date). a sewer line was constructed along Pioneer. While constructing the sewer. the contractor. with his heavy equipment removed the fence along our property. Our fence was destroyed without any notice to us. When questioned about this. we were told that he had been given the OK by the City and that with the soon to begin street widening the fencing would be replaced. We have spoken with City employees several times. but no effort has been made to do anything about our fence. We realize that the Orange Show Road Project has undergone a metamorphosis since the time it was first presented to the community. but that should not affect the integrity of City government and for the City to do the right thing by its residents. JI-/f. January 30, 1997 Page 2 Other property owners will have their fences and or walls replaced, why not our's too? This eminent domain procedure is not necessary. We do not object to the project. But we have already suffered an unmitigated injury because of the project. It was easier and cheaper for the City and the contractor to make the sewer installation with a wide 'v' ditch and no trench shoring. But in doing so, they took out our fence and left the debris, including a large tree, piled up on our property. For two years, because of this large amount of debris, we had to contact the City Compliance Department to explain to them that the debris was left over from a City project so that we would not be cited. Finally, because it was such a nuisance, we had to haul it out so that we could disc the lots and keep them clean to be in compliance with weed abatement. With the expected increase in traffic and other activities on Pioneer-Orange Show Road, for our safety and security, and to avoid further injury, trespassers, we ask that the City Council make provision for the restoration of fencing across the front of our property. (d) Although the information has been given, the required offer has not been given/made to the owner of record. Sincerely, J(~r IN I /c.tLu-- Daniel W. Green DWG : j S - ('lUAU - " ~ , ~, , \ - IVUHMAN - .........$;- ...., __,.r'.;:J .- , ,;,0 ,-.>"&. ",-' 6.1' "" I ,,- ,. I , ~ I I , Por./ ~ I I ~@ I , ~ !~ I (8) 0t @ 0 ~ '.' I . '.. I . " Po,. Lot 6 . I B K. " , I ~., 'l 5 5 I I ~ " I I Ii. R S.B. I I '" ~ . , .""011: ....' I ^~ ". I\) '" 63 @62- 61 24P. \! ~ C/62) .... 0 0 . .. " Par. 2 .. , ~ @) , 3.7IAc. ~. ' . , ~ENJCI,.JG- DEs,"nl.o'fE. D / H{J0s..1i~' ;\ < ~l . , .... ~4" , ,'.... /' I "'Do . .,,' ..,,', ,,-' ~ .. ~',' \' ". PI N -- ~ ~ STREET -- ~'" ' ", ~t.... ,I 1" o EER sqo PID,J~f3:i?... s...., .s: fh... 31:::12-.JA-K.\:), /1..\ Q. eft f1-C- M v s" KD D F I:-ET D (. F r:. f'i(r ,0{; /ZI,,!t-! iJ li* f) iAJOO7:? .pD"-,. WI(Lk Ff)of':.P-IC, ef)/oJuiTID/v, fAIt( IW /"'I)I::(~flG-''=- r.J St >::. .,-.0 0, ~ T r: 0_ /'C M" P- 'f P, Ai ,'..T f,'-ko. P I\.~ S . II J..If:'&f.-IT~ 1.00 l1J~0,'> 7~',;T,), {I..AIL ,1.../J{10 11f.\. :t 8PI...I, 7/L/.i?tf-vN;C PUS-If.. 540 Pioneer Street San Bernardino, CA 92408 January 1, 1997 To: The City of San Bernardino From: Mrs. Essie Green RE: Perimeter fence To the Mayor and Council: I'm writing this letter because I am seeking satisfaction in having my fence, that was taken down by the City of San Bernardino, replaced. When the sewer line was put in on Pioneer Street, the fence along the south west field of my property, adjacent to Pioneer Street was removed. When I asked the person in charge of this project about it, he assured me that he would make sure that the fence was put back up. It has been more than a year and the fence has not been restored. Now, it seems that all parties involved, including representatives from the City of San Bernardino, are telling me that I didn't have a fence. I did have a fence, and I would like my fence replaced at no cost to me. If the fence had not been taken down or even put back up, I would not be writing this letter to make this statement of fact and request. I look forward to seeing the replacement of my fence in the very near future. Yours truly, t~./~ c: lj !Lk:.(> ~ \/ Essie C. Green January 31. 1997 To Whom It Concerns: I am a neighbor of Mrs. Green's. I'd like to say that I am disappointed that the City of San Bernardino is putting her through so much just to get her fence put back up. I know that Mrs. Green had a fence surrounding her property. I remember seeing this fence many times as I took my daily walks. I always enjoyed my walks to Mrs. Green's house because we'd share fresh vegetables grown in our gardens. I also enjoyed the times I could watch the Mahogany Cowgirls Club practice for the Rose Parade on her property. I am hopeful that the group that removed Mrs. Green's fence will put it back up so she doesn't have to worry anymore with this problem. Sincerely, M/1!~~~ 7576 Elwood Fontana, CA 92335 January 15, 1997 To Whom It Concerns: This letter is being written regarding Mrs. Green's fence. As a member of the Mahogany Cowgirls Equestrian Team, I can attest to the fact that a fence did exist along the perimeter of Mrs. Green's property, because it was a wonderful feature for our horseback riding club members as we prepared for rodeo events as well as the Tournament of Roses' Rose Parades 1991, 1992, 1993. The fence bordered the field adjacent to Pioneer Street, west of her home. Of all the riding sites I've been to, I remember this fence in particular because it had a high iron gate that I would sit on as I coached many of the Cowgirls who also used Mrs. Green's property. Further, safety was a concern first and foremost, with our experienced and/or novice riders. This fence provided a barrier from the traffic on Pioneer Street as our riders practiced for many equestrian events. When Mrs. Green told our group that the fence had been taken down by the City of San Bernardino as they installed a sewage system, our group temporarily sought fenced riding grounds elsewhere. We were all hopeful that the fence would be put back up as was told to Mrs. Green by the Foreman. However, we were very disappointed to learn that the fence has not yet been restored and have had to continue riding elsewhere. ~{.,J SM:mmo cc: file Mohogany Cowgirls: Debi Beam Tresa Dudley Dorrena Hobbs Sherry Joubert Erica Melonson Sharon Melonson Myrna Overstreet Jovenia Robinson Vicki Tuck Deborah Akin .... Sharon IVel)h I Ie Zeal 684 Pioneer Street San Hemardino, Ca 97.lfOn (909) 3l35-5l26 J iayor Tad ! :inor and ,;a.T,lOn Coullcil City of San Hentardillo, Ca. lJear ; layor llinor: I ar,J Ivritir16 this letter to attest to the fact that [Irs. !~ssie Green did have a fence in front of h~r residene in the fall season of 1994. I>S the sewer line construction crews moved up Pioneer stre',t, fra,J lJest to East, ,Ie neighbors were in constant contact with each other. The CCXlll10n calJplaint to me 11as the hillO\'ls of dust Ile had to endure as the project progressed. I personally called the city arid tal'-'ed to the field supervisor because they did not water Mce Mily as I had been infomed. " . 5lfO Pioueer Street - Green .esidence J.irs. Green infon,led IlP. that the crew had taken down her fence, left dehris, and prcrdised to replace her feueing. She WIlS concemed as the holidays were apnroaching. TIle fence was not replaced 60Lf Pioneer Stre~t - ['larshall r~si(lence ;\ lIilll hole was placed in the middle of the arp.a tltat \Vas usec1 for parkiug. It was placp-u apnroxirnately two to two and a hIf feet belov.7 the surface. '1.11e [Iole was approxirnatQly three feet in cliaractp.r. TIle cover;' 11as not on correctly, and [Irs. llarsltall ( a senior eitizen) got on her imees and put this man hole cover on and injured tuo of ller fit16ers. I observed this myself. TIlere \las no type of im1icator of this drop-off and several people had to [lave their cars tow~d out of the bole. GJLf l:'ioueer Street - lIe Zeal residence liy I/atp.r litle was damaged when the crews tunled off ray water. Atl flllCrgency call had to txo placed at !light to get sa,leone out. lly IJater ['Jeter had to lJe cllaIlt;f'd tlle next day. ''if!- ';3)'/F' : ~:S There were l110unds of dirt. left in front of residences ~the crew [,lOved up the street. I, agaill, tall<ed to the field supervisor and told him that my son was getting narried tlovember 5, 1994, amI . we neecl the wounds of dirt,; rer:lOved because people would be parking ill front of the house. '111ey (lid rehlOve the dirt. These instances are reflections of some of thi, inconveniences we experienced during the installation of the sewer line. [irs. Green is a 90 year old \vidmv. Over the years her family has tak:ell pride in their hane, flowers, shrubbery allo lawn. III years past, they grew flowers for the Toumament of Hoses. As floral designers, they have made sure fresh flowers were in church every Sunday, therefore you can see the importance of their yard. '11lis situation shmlld be corrected irrmediately. [Irs. Green has been inconvenienced long enough. . 'l<<ee~sJ1P, tfully su ~~ Sharon \Jebb lIc Zeal ctJ -.6a ':-''''''/~~. ~'- 1 .C' . January 31, 1997 Dear Sir or Madam: My name is Annette Overstreet and I'm writilll on behalf of my mother, Essie Green. My purpose for writing this letter is to say that their was a fence along the perimeter of my parent's property for as long as I can remember. My father and gralidr.U.. built the fence to contain their cattle and other rwestock. This fence also provided security for our fanily in keeping out unwelcome persons. The fence was removed by the City of San Bernardino when the sewer line was instaUed. I feel confident that the City and/or imulYed parties will make good its promise and replace my mother's fence. b~q~<<J/'fM~ t::Ue Ov...A\ (/ }4:~~~~::~~ ;, ';;';"J.,.,~~~,,;,