HomeMy WebLinkAbout29- Public Works File No. 12.01-323
CITY OF SAN BERN DINO - REQUEST Fk- .1 COUNCIL ACTION
From:ROGER G. HARDGRAVE, Director Subject: Resolution -- Initiate proceedings and
set a hearing for the proposed annexation
Dept: Public Works /Engineering generally located Southwesterly of Cajon
Boulevard, Southeasterly of Devore Road.
Date: October 29, 1993 (LAFCO 2758 --- Annexation No. 343)
Synopsis of Previous Council action:
12-18-89 -- Authorization to proceed was given.
05-10-93 -- Resolution No. 93-140, certifying the Environmental Impact Report,
and adopting findings and statements of overriding consideration,
mitigation monitoring reporting program, general plan amendment ,
Specific Plan No. 90-01 and establishing land use districts and
development standards relative to the Calmat Cajon Creek Project was
adopted.
06-21-93 -- Resolution No. 93-205, making application to LAFCO, was approved.
09-07-93 -- Resolution No. 93-337, amending Resolution No. 93-205, was adopted
and Resolution No. 93-338, determining the amount of property tax
transfer, was adopted.
Recommended motion:
Adopt Resolution
i '7
cc: Shauna Clark City Administrator /J�James Penman, City Attorney Si ature
Barbara Pachon, Director of Finance
Les Fogassy 5334
Contact person: Phone:
Staff Report,Resolution 1
Supporting data attached: Ward:
$3,162.00
FUNDING REQUIREMENTS: Amount:
001- 0-53007
Source: (Acct. No.)
Acct. Description) Filing Fees
Finance: ��-
Council Notes:
CITY OF SAN BERNA 'DINO - REQUEST FO COUNCIL ACTION
STAFF REPORT
The attached Resolution sets a public hearing for the proposed annexation. which is
necessary before the annexation can be completed, and therefore its adoption is
recommended.
Pursuant to a petition received by this office in December of 1989, the Director of
Public Works/City Engineer and the City Clerk were authorized to proceed with the
proposed annexation of the unincorporated area Southeasterly of Devore Road,
Southwesterly of Cajon Boulevard.
On June 21, 1993, Resolution No. 93-205 was approved, making application to the Local
Agency Formation Commission (LAFCO) for the proposed annexation and on September 7,
1993 Resolution No. 93-337 was adopted, amending Resolution No. 93-205, correcting the
legal description. At that same hearing, Resolution No. 93-338 was adopted,
determining the amount of property tax to be transferred from the County to the City
if the proposal is approved.
On October 20, 1993, the Local Agency Formation Commission held a public hearing
regarding the proposed annexation and at that hearing adopted a resolution approving
the annexation. All LAFCO fees to date have been paid, however we have just received a
billing for an additional 52,630.00 to cover their final costs which will raise the
total cost to $5,792.00.
Before the annexation can be completed, the City must also hold a public hearing where
any property owners within the proposed area can submit protests. The attached
resolution sets a hearing date of January 3, 1994. The resolution will be published
in the Sun.
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MIBITI f "A-1"
1 RESOLUTION NO.
2 A RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS
AND SETTING A PUBLIC HEARING FOR THE PROPOSED REORGANIZATION TO INCLUDE
3 ANNEXATION TO THE CITY OF SAN BERNARDINO, ANNEXATION TO THE SAN BERNARDINO
VALLEY MUNICIPAL WATER DISTRICT AND DETACHMENTS FROM THE CENTRAL VALLEY FIRE
4 PROTECTION DISTRICT FOR THE TERRITORY GENERALLY LOCATED SOUTHWESTERLY OF
5 CAJON BOULEVARD, SOUTHEASTERLY OF DEVORE ROAD, DESIGNATED LAFCO 2758.
6 WHEREAS, preliminary proceedings for a reorganization (annexation)
7 were initiated when the City of San Bernardino filed its Resolution No. 93-
8 205 and amended by Resolution No. 93-337, applying to the Local Agency
9 Formation Commission in the County of San Bernardino for reorganization of
10 certain territory pursuant to the Cortese-Knox Local Government
11 Reorganization Act of 1985, Division 3, commencing with section 56000 of the
California Government Code.
12
13 WHEREAS, no City other than the City of San Bernardino is affected
by this reorganization; and
14
15 WHEREAS, the proposal is for a reorganization to include
16 annexation of the territory described below to the City of San Bernardino,
17 annexation to the San Bernardino Valley Municipal Water District and
'
18 detachments from the Central Valley Fire Protection District. The area is
19 legally uninhabited. It has an assessed valuation of $4,622,479 for land
only; and
20
21 WHEREAS, a Landowner in the proposed reorganization has requested
22 annexation to the City of San Bernardino to receive extended urban services.
23 WHEREAS, the Local Agency Formation Commission has set forth the
24 following terms and conditions in its Resolution No. 2431:
25 "Condition No. 1. The conducting authority for this
proceeding shall be the City of San Bernardino.
26
27 "Condition No. 2. The boundaries are approved as set forth
in Exhibits "A-111, "A-2", and "A-3" attached.
28
10-28-93 1
RESOLUTION SETTING HEARING RELATIVE TO LAFCO 27.98, FOR REORGANIZATION OF THE
AREA GENERALI SOUTHWESTERLY OF CAJON BOULEV• SOUTHEASTERLY OF DEVORE
ROAD.
1 "Condition No. 3. The following distinctive short form
2 designation shall be used throughout this proceeding: LAFCO 2758.
3 "Condition No. 4. All previously authorized charges, fees,
4 assessments, and/or taxes currently in effect by the City of San Bernardino
5 and the San Bernardino Valley Municipal Water District (annexing agencies)
6 shall be assumed by the annexing territory in the same manner as provided in
7 the original authorization pursuant to Government Code Section 56844(c) .
8 "Condition No. 5. The City of San Bernardino, as the
9 initiator of this proposal , agrees to defend, indemnify, hold harmless, and
10 provide for reimbursement or assumption of all legal costs in connection
11 with approval of this proposal.
12 "Condition No. 6. The date of issuance of the Certificate
13 of Completion shall be the effective date of this reorganization.
14 WHEREAS, upon completion of the proposed reorganization , the
15 following County Service Areas and improvement zones will be detached from
16 the territory within this reorganization: CSA 38, CSA 38 Improvement Zone G,
17 CSA 70, CSA 70 Improvement Zone A, and Central Valley Fire Protection
18 District , without split of assets or liability.
19 WHEREAS, a description of the boundaries for the proposed
20 reorganization are more fully described in the attached Exhibit "A-1"
21 (annexation to the City of San Bernardino), Exhibit "A-2" (annexation to the
22 San Bernardino Valley Municipal Water District) and Exhibit "A-3"
23 (detachment from Central Valley Fire Protection District) , attached hereto
24 and incorporated by reference as fully as though set forth in length.
25 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
26
27 SECTION 1. A public hearing will be conducted on January 10,
28 1994, to be held in Council Chambers, City Hall, 300 North "D" Street, San
10-28-93 2
RESOLUTION SETTING HEARING RELATIVE TO LAFCO 2758, FOR REORGANIZATION OF THE
AREA GENERALl' SOUTHWESTERLY OF CAJON BOULEV/ SOUTHEASTERLY OF DEVORE
ROAD.
1 Bernardino, California, at the hour of 10:00 a.m. , or as soon after that
2 time as the matter may be heard, to receive, consider and rule upon written
3 protests to the proposed reorganization designated as LAFCO 2758.
4 SECTION 2. Any landowner of land within the territory proposed
5 for reorganization , who wishes to file written protest against this
6 reorganization must do so by written communication filed with the City
7 Clerk, which must be filed no later than the conclusion of said public
8 hearing. Each written protest must state that the protest is being made by a
J landowner and must state the name and address of the landowner and the
10 street address or other description sufficient to identify the location of
11 the land. Each written protest shall show the date that each signature was
12 affixed to the protest. All signatures without a date or bearing a date
13 prior to the date of publication of the notice shall be disregarded for
14 purposes of ascertaining the value of any written protest.
15 SECTION 3. That the City Clerk shall certify to the adoption of
16 this Resolution and shall cause same to be published in the Sun, a newspaper
17 published and circulated in the City of San Bernardino, and shall cause a
18 copy of this Resolution to be posted and mailed as required by Government
19 Code Sections 56158 ,56159, and 57025.
20
21
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28
10-28-93 3
RESOLUTION SETTING HEARING RELATIVE TO LAFCO 2758, FOR REORGANIZATION OF THE
AREA GENERALl' SOUTHWESTERLY OF CAJON BOULEV� SOUTHEASTERLY OF DEVORE
ROAD.
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
2 Mayor and Common Council of the City of San Bernardino at a
3 meeting thereof held on the day of
4 19 , by the following vote, to-wit:
5
6 Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE
7
CURLIN
8
HERNANDEZ
9
OBERHELMAN
10
DEVLIN
11
POPE-LUDLAM
12
MILLER
13
14
15 City Clerk
16 The foregoing resolution is hereby approved this day of
19
17
18
19 TOM MINOR, Mayor
20 City of San Bernardino
21
22 Approved as to form
and legal content:
23
JAMES F. PENMAN,
24 City At/torney
25 By:
26
27
28
10-28-93 4
Q LAFCO 2758
- Revision #1 08/17/93
CITY OF -SAN BERNARDINO ANNEXATION NO. 343
ALL THAT REAL PROPERTY LOCATED IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, INCLUDING PORTIONS OF THE RANCHO MUSCUPIABE, AS PER PLAT RECORDED
IN BOOK 7 OF MAPS, PAGE 23, RECORDS OF SAID COUNTY AND ALL TRACTS,
SUBDIVISIONS AND PARCELS, OR PORTIONS THEREOF, LYING WITHIN THE FOLLOWING
DESCRIBED REAL PROPERTY:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF THE I-215 FREEWAY AND
PALM AVENUE; THENCE SOUTHWESTERLY, ALONG SAID CENTERLINE OF PALM AVENUE, A
DISTANCE OF 950 FEET MORE OR LESS TO AN ANGLE POINT ON THE CORPORATE CITY
LIMIT LINE OF THE CITY OF SAN BERNARDINO; THENCE CONTINUING ALONG THE
CORPORATE CITY LIMIT LINE OF THE CITY OF SAK BERNARDINO TO AN ANGLE POINT,
SAID POINT BEING ON THE WESTERLY LINE OF CAJON BOULEVARD; THENCE CONTINUING
ALONG SAID CORPORATE CITY LIMIT LINE ALONG THE WESTERLY LINE OF CAJON
BOULEVARD NORTHWESTERLY TO AN ANGLE POINT; THENCE CONTINUING SOUTHWESTERLY
ALONG SAID CORPORATE CITY LIMIT LINE TO AN ANGLE POINT, SAID POINT BEING ON
THE CENTERLINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY AS ESTABLISHED BY
DEED IN BOOK 6490, PAGE 203 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN
BERNARDINO COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID CORPORATE CITY LIMIT LINE ALONG THE SOUTHERLY LINE OF LAND
CONVEYED TO THE COUNTY OF SAN BERNARDINO SOUTH 51° 31' WEST A DISTANCE OF
EXHIBIT "A-1"
2
2,020 FEET MORE OR LESS TO THE MOST SOUTHERLY CORNER OF SAID LAND CONVEYED TO
THE COUNTY OF SAN BERNARDINO; THENCE NORTH 210 19 ' 34" WEST A DISTANCE OF
1,618. 64 FEET; THENCE NORTH 14° 25 ' 30" EAST A DISTANCE OF 1,400 FEET MORE OR
LESS TO A POINT ON THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD
RIGHT-OF-WAY; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 530 27 ' 33" WEST A
DISTANCE OF 520 FEET MORE OR LESS TO A POINT ON THE SOUTHWESTERLY PROLONGATION
OF THE SOUTHEASTERLY LINE OF LAND CONVEYED TO CALMAT CO. AS SHOWN ON RECORD
OF SURVEY IN BOOK 43 PAGES 17 AND 18 FILED APRIL 27, 1981 IN THE OFFICE OF
THE COUNTY'RECORDER OF SAN BERNARDINO COUNTY; THENCE ALONG SAID SOUTHEASTERLY
LINE AND THE PROLONGATION THEREOF NORTH 38° 37 ' 51" EAST A DISTANCE OF 1,559
FEET MORE OR LESS TO, THE CENTERLINE OF CAJON BOULEVARD; THENCE NORTHWESTERLY
ALONG SAID CENTERLINE TO A POINT ON THE SOUTH LINE OF LOT 11 OF MEYER AND-
BARCLAY SUBDIVISION MAP IN BOOK 12 PAGE 18 OF OFFICIAL RECORDS OF THE COUNTY
RECORDER OF SAN BERNARDINO COUNTY; THENCE ALONG THE SOUTH LINE OF SAID LOT 11
SOUTH 890 20' 47" WEST A DISTANCE OF 1,030 FEET MORE OR LESS TO THE SOUTHEAST
CORNER OF LOT "Q" OF SAID MEYER AND BARCLAY SUBDIVISION; THENCE ALONG THE EAST
LINE OF SAID LOT "Q" NORTH 2' 30' 34" EAST A DISTANCE OF 454.40 FEET TO A
POINT ON THE SOUTHWESTERLY LINE OF THE SAN BERNARDINO COUNTY FLOOD CONTROL
DISTRICT RIGHT-OF-WAY; THENCE NORTHWESTERLY ALONG SAID SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT RIGHT-OF-WAY LINE TO A POINT ON THE WESTERLY LINE OF
LOT "N"; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO A POINT ON THE
NORTHEASTERLY LINE OF SAID SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-
OF-WAY; THENCE SOUTHEASTERLY ALONG SAID RIGHT-OF-WAY TO A POINT ON THE
3
EASTERLY LINE OF SAID LOT "Q" ; THENCE NORTHWESTERLY ALONG THE EASTERLY LINE
OF SAID LOT "Q" TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD; THENCE NORTHWESTERLY ALONG SAID NORTHERLY RIGHT-
OF-WAY LINE A DISTANCE OF 686.88 FEET TO THE WEST LINE OF LAND CONVEYED TO THE
SAN BERNARDINO WATER UTILITIES CORPORATION; THENCE ALONG SAID WEST LINE NORTH
6046'20" EAST A DISTANCE OF 801.83 FEET; THENCE SOUTH 47011 ' 53* EAST A
DISTANCE OF 25.00 FEET; THENCE NORTH 43015 ' 52" EAST (RECORD NORTH 42"52'22"
EAST , PER RECORD OF SURVEY IN BOOK 44, PAGE 28 OF OFFICIAL RECORDS OF THE
COUNTY RECORDER OF SAN BERNARDINO COUNTY TO THE CENTERLINE OF CAJON
BOULEVARD; THENCE NORTHWESTERLY ALONG SAID CENTERLINE OF CAJON BOULEVARD TO ITS
INTERSECTION WITH THE EASTERLY LINE OF PARCEL MAP NO. 457 FILED IN BOOK 4 OF
PARCEL MAPS, PAGE 93, DECEMBER 10, 1970 IN THE OFFICE OF THE COUNTY RECORDER
OF SAN BERNARDINO COUNTY AND THE EASTERLY LINE OF BLOCK 33 MAP OF DEVORE IN
BOOK 17, PAGES 79 AND 80; THENCE ALONG SAID EASTERLY LINE SOUTH 15' 42' 25"
WEST A DISTANCE OF 2, 19 8.62 FEET TO ITS INTERSECTION WITH THE EASTERLY GLEN
HELEN RANCH LINE, SAID POINT ALSO BEING THE MOST SOUTHEASTERLY CORNER OF
PARCEL 2 OF PARCEL MAP NO. 457; THENCE ALONG SAID EASTERLY LINE SOUTH 42' 42'
16" EAST A DISTANCE OF 4,680.08 FEET; THENCE CONTINUING ALONG SAID EASTERLY
LINE SOUTH 220 26' 33" EAST A DISTANCE OF 9,549. 18 FEET; THENCE SOUTH 0' 25'
07" EAST A DISTANCE OF 1,7 53. 11 FEET TO ITS INTERSECTION WITH THE NORTH LINE
OF FARM HOMES AS SHOWN ON COUNTY SURVEY MAP N0. 1156, AS SHOWN BY RECORD OF
SURVEY ON FILE IN BOOK 42 OF MAPS, PAGE 88, OFFICIAL RECORDS OF THE COUNTY
RECORDER OF SAN BERNARDINO COUNTY; THENCE ALONG SAID NORTH LINE NORTH 89" 55'
4
41" EAST A DISTANCE OF 3,323.74 FEET TO ITS POINT OF INTERSECTION WITH THE
WESTERLY LINE OF LAND DESCRIBED AS PARCEL 1 IN DEED TO CHARLES S . OLDER ET UX,
RECORDED APRIL 30, 1954, IN BOOK 3374, PAGE 365 OF OFFICIAL RECORDS OF THE
COUNTY RECORDER OF SAN BERNARDINO COUNTY; THENCE ALONG SAID WESTERLY LINE AND
THE SOUTHERLY PROLONGATION THEREOF SOUTH 180 45 ' 00" EAST A DISTANCE OF
3,081.38 FEET; THENCE DUE EAST A DISTANCE OF 100.00 FEET; THENCE SOUTH 750 37'
30" EAST A DISTANCE OF. 200.00 FEET; THENCE NORTH 14° 22' 30" EAST A DISTANCE
OF 225.00 FEET TO A POINT ON THE WEST LINE OF THE SOUTHERN PACIFIC RAILROAD
RIGHT-OF-WAY AS ESTABLISHED BY DEED IN BOOK 6490, PAGE 203 OF OFFICIAL RECORDS
OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY; THENCE ALONG SAID WEST LINE
DUE SOUTH A DISTANCE OF 260.00 FEET; THENCE DUE EAST A DISTANCE OF 120.00 FEET
TO THE CENTERLINE OF SAID SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY; THENCE
NORTHWESTERLY ALONG THE CENTERLINE OF SAID RIGHT-OF-WAY TO ITS POINT OF
INTERSECTION WITH THE NORTH LINE OF FARM HOMES AS SHOWN ON SAID COUNTY SURVEY
NO. 1156, SAID POINT ALSO BEING AN ANGLE POINT ON THE EXISTING CORPORATE CITY
LIMIT LINE; THENCE CONTINUING NORTHWESTERLY ALONG THE CENTERLINE OF SAID RIGHT-
OF-WAY AND EXISTING CORPORATE CITY LIMIT LINE TO AN ANGLE POINT IN THE
EXISTING ORPORATE CITY LIMIT LINE TO THE TRUE POINT OF BEGINNING.
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K L. G EON DATE m
#22449 No. 22449 r^
Exl° 9-30-97
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04 7558
1 LEGAL DESCRIPTION FOR THE PROPOSED ANNEXATION OF TERRITORY TO THE SAN
BERNARDINO VALLEY MUNICIPAL WATER DISTRICT RELATIVE TO CITY OF SAN
2 BERNARDINO ANNEXATION NO. 343 (LAFCO 2758)
3
ALL THAT REAL PROPERTY, located in the County of San Bernardino, State
4 of California, including portions of the Rancho Muscupiabe as per plat
recorded in Book 7 of Maps, Pages 23, records of said County and all tracts,
5 subdivisions and parcels, or portions thereof, lying within the following
described real property:
6
BEGINNING AT A POINT, said point being the intersection of the
7 centerline of Cajon Boulevard with the Westerly line of Lot "N" of Meyer
and Barclay Subdivision, as per plat recorded in Book 12, Page 18, Official
8 Records of said County; thence Northerly, along said centerline of Cajon
Boulevard, to its intersection with the Easterly line of Parcel Map No. 457
9 filed in Book 4 of Parcels Maps, page 93, on December 10, 1970, in the
Office of the County Recorder of said County and the Easterly line of Block
10 33, Map of Devore, as per plat recorded in Book 17 of Maps, pages 79 and 80;
thence South 150 42' 25" West, along said Easterly line, a distance of
11 2, 198,62 feet to its intersection with the Easterly Glen Helen Ranch Line,
said point also being the most Southeasterly corner of Parcel 2 of said
12 Parcel Map No. 457; thence South 220 42' 16" East , along said Easterly
line, a distance of 4,680.08 feet; thence South 220 26' 33" East and
13 continuing along said Easterly line, to said Westerly line of Lot "N";
thence Northerly, along said Westerly line, to the POINT OF BEGINNING.
14
197.2 Acres ±
15
16
17 4Fzf ESSI ;
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18
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20 �r E?:�r,._ �. .�
21
22
23
24
25
26
27
28 EXHIBIT "A-2"
Revision #1 (09-27-93)
LAFCO 2758
1 LEGAL DESCRIPTION FOR DETACHMENT FROM CENTRAL VALLEY FIRE DISTRICT,
RELATIVE TO CITY OF SAN BERNARDINO ANNEXATION NO. 343 (LAFCO 2758)
2
3 PARCEL ONE: That portion of Township 1 North, Range 5 West, San Bernardino
4 Meridian, in the County of San Bernardino, State of California , described
as follows:
5 Commencing at the Southwest corner of Section 11; thence East, along the
6 South line of said Section 11, a distance of 990 feet to an angle point in
the East line of the Glen Helen Tract as described in Deed to the County of
7 San Bernardino recorded July 27, 1948 in Book 2268, page 138, Official
records of said County, said point being the True Point of Beginning;
8 thence North 220 02' 10" West along said east line, a distance of 2387.88
feet; thence North 390 01' 30" East, a distance of 4375.74 feet; thence
9 South 500 58' 30" East, a distance of 286.69 feet; thence South 390 01' 30"
West, a distance of 407.46 feet; thence North 750 34' 30" West, a distance
10 of 72.51 feet; thence South 140 25' 30" West, a distance of 2,180 feet;
thence South 210 19' 34" East, a distance of 1,618.64 feet; thence South 510
11 31' 00" West, to the True Point of Beginning.
12 EXCEPTING THEREFROM, those portions lying within the Southern Pacific
Railroad Right-of-Way.
13 Contains 160+/- acres.
14 PARCEL TWO: That portion of Township 1 North, Range 5 West, San Bernardino
Meridian, in the County of San Bernardino-, State of California , described
15 as follows:
16 Commencing at the Southwesterly corner of Section 13; thence Northerly along
the West line of said Section 13, to its_ intersection with the Westerly line
17 of Southern Pacific Railroad right-of-way as established by Deed in Book
6490, Page 203 of Official Records of said County and the True Point of
18 Beginning; thence South along said West line, a distance of 260.00 feet;
thence East, a distance of 120.00 feet to the centerline of said Railroad
19 right-of-way; thence Northerly, along said centerline, to the North line of
said Section 13; thence Westerly, along said North line, to the West line
20 of said Section 13; thence South along said West line, to the True Point of
Beginning.
21 Contains 22+/- acres.
22
23
24 ESS,
25 MODIFIED BY LAFCO STAFF 10/12/93 ; c�F`` ROC ,r s
26 __ , -4 rM
27
E?:�;ta►.ES:N&
28
EXHIBIT "A-3" OF i,AL''k.