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6A - Motion to dispose of park lands in Linden Park, Maxwell Lark ParkCITY OF BOULDER PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM MEETING DATE: April 28, 2003 (Agenda Item Preparation Date: April 21, 2003) AGENDA TITLE: Public hearing and consideration of a motion to dispose the following park lands in Linden Park ("Park Property"), also known as Maxwell Lake Park, pursuant to Charter Section 162: 1) An easemenC over the easterly five feet of Park Property and certain restrictions on the use of an approximately 8,000 square foot portion of Park' Property located southwest of Lot 10, Linden Park, City of Boulder, Colorado, also known as 3732 Wonderland Hill Avenue, Boulder, Colorado 80302; and 2) (a) A 4,132 square foot portion of Park Property in fee surrounding property owned by Roberc and Andrea Feder located at Lot 19, Linden Park, City of Boulder, Colorado, also known as 543 Linden Park Drive, Boulder, Colorado 80303; (b) a 304 square foot maintenance easement on the east side of Lot 20 of Linden Park; and (c) a tree maintenance easement consisting of a 12 foot buffer area surrounding Lot 19 of Linden Park. REQUESTING DEPARTMENT: Jan Geden, CPRP, Director, Parks and Recreation Department Douglas Hawthorne, CPRP, Parks Superintendent, Parks and Recreation Department Walt Fricke, Assistant City Attorney, City Attorney's Office FISCAL IMPACT. This disposal will constitute setClement with two of three defendants in the Quiet Title Action brought by Che City to clear up title defects in Linden Park. The settlement will save in ]itigation costs. PURPOSE: To obtain the Parks and Recreation Advisory Board's approval of a motion to dispose of certain park lands described below as two partions of properry located in Linden Park (hereinafter collectively referred to as "Park Property"). Please refer to the Linden Park Vicinity Map attached as AttachmenY A and the Linden Park Detail Map attached as Attachment B. l) The first portion of Park Property proposed to be disposed is located southwest of property owned by Viola Lange located at Lot 10, Linden Park , City oFBoulder, Colorado, also known as 3732 Wonderland Hill Avenue, Boulder, Colorado 80302 ("Lange Property") as shown on Attachment C. The proposed City interest to be disposed is specifically described in the Agreement between the CiCy and Mrs. Lange attached as Attachment D, and includes a 5 fooC mainCenance easement. AGENDA IT~M # VI-A ; PAGE 1 2) The second portion of Park Property proposed to be disposed is shown on Attachment E and includes the following: (a) a 4,132 square foot portion of Park Property in fee surrounding property owned by Robert and Andrea Feder (the "Feders") located aC Lot 19, Linden Park, City of Boulder, Colorado, also known as 543 Linden Park Drive, Boulder, Colorado 80303; (b) a 304 square foot maintenance easement on the east side of Lot 20 of Linden Park; and (c) a tree maintenance easement consisting of a 12 foot buffer area sarrounding Lot 19 of Linden Park. The proposed City interest to be disposed is specifically described in Attachment F. Pursuant to Charter Section 162, park lands may be disposed of only upon Yhe affirmative vote of at least four members of the Parks and Recreation Advisory Board. In addition to such approval of the Parks and Recreation Advisory Board, Planning Board is required to make a non-binding recommendation, and finally City Council must approve disposal of the park lands. BACKGROUND: On May 31, 1968, a plat was recorded for the development of residential property in the area of Linden Park (Refer to Attachment B). As a condition for the approval of the plat, the developer, Albireo Investment, Ina ("Albireo") was required to dedicate some land to the City as a public park. The plat contained complete dedication language for streeCs and utility easemenYS, but it lacked the narmal dedication language for a park. This was simply an oversight of drafting by the developer's surveyor that no one caught The park on the plat map was labeled "Park" in three places. Albireo believed it had given title to the land to the City for a park aC the time, Yhe City accepted it, and all the neighbors understood that this was a park. In the early 1970's, Albireo proposed to bufld new homes easC of the park. Neighbors petitioned to the City to foxm a general improvement district to use a properry tax on the neighborhood to purchase additional land for Linden Park rather have it developed. Around the time this was done, the Parks and Recreation Director proposed to develop some of the park, but the neighborhood sentiment was strongly in favor of leaving it in a natural state. Thus, Linden Park has not had any significant development to date and is maintained as an urban undeveloped park with no amenities. Eventually, issues arose over title to portions of the park, and tbe City brought a quiet title action to resolve them. Feders In the early 1990's, Robert and Andrea Feder (the "Feders"), owners of Lot 19 of Linden Park, contacted the Parks and Recreation Department about purchasing some park land adjacent to their home. It appears that the previous owner of Lot 19, unbeknownst to the Parks and Recreation Department, had planted trees and bushes on what the Feders discovered was not their own land. The original subdivision agreement had allowed houses and garages to be built right up to the lot lines. Upon further investigation, the Parks and RecreaYion Department determined that trees, shrubs, wood fencing, and part of the asphalt drive, curb, concrete spillway, gravel spillway, pad and deck were encroaching on park property from Lot 19. The Parks and Recreation Advisory Board decided that rather than taking a piecemeal approach to dealing with this one request, the Parks and Recreation DepartmenC should survey the entire Linden Park area for encroachments. The survey revealed there were many minor encroachments into Linden Park including fences, gardens, lawn extensions, and a flagpole. Letters were sent to property owners AGENDA ITEM # VI-A ; PAGE 2 adjacent to Linden Park requiring removal of their encroachments. As a result of these various encroachments, the City learned of the problems with the original park dedication ]anguage issue. In 1994, the Parks and Recreation Advisory Board and City Council approved the sale of 1,800 square feet of park land to the Feders. However, this transaction was never completed due to problems obtaining title insurance because of the dedication language issue. In April 2000, the Feders obtained a quit claim deed from the farmer board of directors of Albireo for 4,622 square feet of Park Property on the outside perimeter of Lot 19 and the westerly edge of Lot 20 of Linden Park as shown on Attachment G. Lanae On July 1, 1992, in conjunction with the encroachment issues surrounding Linden Park, the City sent a letter to Viola Lange, the owner of Lot 10, Linden Park, also known as 3732 Wonderland Hill Avenue, regarding her landscaping encroachments. Over the years, Mrs. Lange had turned the approximately 8,000 square foot portion of Park Property southwest of her property, as shown on Attachment C, into an irrigated turf grass side yard. Mrs. Lange responded by claiming that the dedication language oversight in the Littden Park plat meant that the City didn't own the land. In 1994, the Lange's obtained a quit claim deed for the approximately 8,000 syuare feet partion of Park Property west of her residence, as shown on Attachment C, from the former board of directors of the developer, Albireo, which was dissolved by this time. The Lange's were even able to purchase Citle insurance on this portion of Park ProperCy. In response to the City's encroachment letter in July 1992, Mrs. Lange requested that the City consider selling the approximately 8,000 square foot partion of Park Property as shown on Attachment B. At its meeting on October 26, 1992, Parks and Recreation Advisory Board considered the possibiliYy of selling this portion of Park Property, but a majority of the Parks and Recreation Advisory Board was not interested in selling it. This was also Parks and Recreation Advisory Board's opinion in 2002. Filine Ouiet Title Action To ensure that no other properry owner adjacent to the park would try to obtain a quit claim deed from the former board of directors of Albireo, the City obtained its own quit claim deed. In December 2001, the City filed a quiet title action against Mrs. Lange, Robert and Andrea Feder, and Joan S. Hill. The quiet title action also included land adjacent to Lot 18 of Linden Park, also known as 3772 Wonderland Hill Avenue, ownad by Mrs. HIll as shown on Attachment B. SeCtlement has not been achieved with Mrs. Hill, and trial is set for the week of 7une 9, 2003. AGENDA ITEM # VI-A ; PAGE 3 ANALYSIS: City staff bas reached acceptable terms of settlement with both Mrs. Lange and the Feders. Upon City approval of the proposed disposals described below, the potential settlements also described below will be effective. These settlements resolve long-term property issues, as well as avoid the additional cosYs and uncertainties of litigation. Potential Lanee Settlement The City and Mrs. Lange have agreed on the terms of settlement of the Linden Park quiet title action, subject to the necessary approvals by Parks and Recreation Advisory Board and City Council. Please refer to Attachment D. Mrs. Lange has agreed to convey by quit claim deed to the City any of her interest in the approximately 8,000 square foot portion of Park Property as shown on Attachment C. In exchange for Mrs. Lange's quit claim deed, the City will convey an easement over the easterly five feet of the Park Property to allow the Lange's access to maintain their roof due to the overhanging eaves from the Lange Residence and agree to certain restrictions on the use of the 8,000 square foot portion of the Park Property. The restrictions on future development of this 8,000 square foot section include not constructing any above ground structures intended for public use, such as playgrounds, picnic shelters, or other active public facilities. However, fhe Parks and Recreation Department will be allowed to make natural improvements and to erect a sign in the location shown on Attachment C. Tbe parCies have also agreed to disconnect the portion of the Lange's sprinkler system located on Park Property from Yhat portion located on the Lange Property. The Parks and Recreation DeparCment will be responsible for "stubbing" the sprinkler system at the common boundary line. Any irrigation of the Park Property by the Parks and Recreation Department shall be arranged by the Parks and Recreation Department independent from the Lange's Property. A copy of the Terms of Agreement with Mrs. Lange is attached as Attachment D. Potential Feder Settlement The City and the Feders have also agreed on the terms of settlement of the Linden Park quiet title action, subject to the necessary approvals by Parks and Recreation Advisory Board and City Council. The Feders have agreed to convey by quit claim deed to the City any of their interest in the 4,622 square foot portion of Park Property as shown on Attachment G. In exchange for the Faders' quit ciaim deed and compensation to the City for the 4,132 square foot portion of Park Property to be conveyed in fee, the City will convey to the Feders the following: a 4,132 square foot portion of Park Property in fee surrounding properry owned by the Feders located at Lot 19, Linden Park, City of Boulder, Colorado, also known as 543 Linden Park Drive, Boulder, Colorado 80303; (b) a 304 square foot maintenance easement on the east side of Lot 20 of Linden Park, and (c) a tree maintenance easement consisting of a 12 foot buffer area surrounding LoY 19 of Linden Park , all of which are specifically described in Attachment F. PUBLIC COMMENT AND PROCESS: This item is being discussed at this public meeting, advertised in the Daily Camera. AGF.NDA ITEM # VI-A ; PAGE 4 STAFF RECOMMENDATION: Staff recommends that the Parks and Recreation Advisory Board approve a motion Co City Council to dispose of Che following park lands in Linden Park, pursuant to Charter SecCion 162: 1) the disposal of Park Property as set forth in the Agreement between the City and Viola Lange attached as Attachment D; and 2) the disposal of Park Property as set forth in tbe Terms of AgreemenC between the City and the Feders attached as Attachment F. ATTACHMENTS: A. Linden Park Vicinity Map B. Linden Park Detail Map C. Map of Linden Park Property Located Southwest of Lange Property with Proposed Restricted Use and Proposed Easement over the Easterly Five Feet D. Agreement between the City and Viola Lange E. Map of Linden Park Property Proposed to be Disposed around the Feders' Property and Proposed Tree Maintenance Easement F. Terms of Agreement with the Feders G. Map of 4,622 Square Foot Parcel of Park Property AGENDA ITEM # VI-A ; PAGE 5 EXHIBIT A aa b ~, , ~ I iC._~ ~I[I> LLILI Linden Park , Attachment A ~Tr._ Linden Park Vicinity Map .~ ~, ~. . 543lirqen PqRkDR Linden Park P/at Boundary ~ ,,.~ ~ ~ ~ I I I I I~~~~ I II I ! ~ LINDEN AV ~ \ I i ~EXHIBIT B Linden Park Detail Map , ~. D ~ m ~ The information tlepicted on ihis map is provitled ~ 1 inch equals 150 feet as graphical representation ony. The Ciry of Boultler `.~, provides no warranry, e~cpressed or implied, as to ~~~ TT-I ~~~~~ ll~eaccuracyandiorcompietenessofiheinformation Cin~of 9 0 ]5 150 Feet Contained hefeon. Boulder W _ ~ ~ ~ Attachment C EXHIBIT C~ _. _, _ , _ ` ~~~~PJ~ ,, ~ p~P~'R~o \ ~ ~°~ ,' ;, ,. ; ~, ~ r; °~E~,~ { s~ Lange Property ~ !~~ ~'~ ~~' ~ ~~ ~~~ ~ 3732 Wonderland Hill Ave ~a~ ~ , i ~ ~ F ;~ ~ ~ ~ ,~~ ~sla) r~i 1 v . 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Y-- '. Proposed Park Property ~p 7heinlormellondepictedonlhlsmeplspmvitletl ~~j'//~~ to be Disposed, Southwest ~~~~@7 asgraphicalreprosentallononly.TheCIryolBOUltlar ~~\~ provldas no warranly, expressetl orimplletl, es ro ~ ~he accurecy and/or completeness ol iho Infortnallon of the Lange Property ''°°~fe;` =o~~e1~a~^a~oo~ c~rvof o ,5 3o Fea~ AGENDA ITEM # VI ~l~ , PAGE_~ AttachmenY D AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 2003, by and between Viola B. Lange, whose address is 3732 Wonderland Hill Avenue, Boulder, Colarado 80302 ("Lange"), and the City of Boulder, a municipal corporation of the State of Colorado, whose address is P.O. Box 791, Boulder, Colorado 80306 (the "City"). RECITALS A. Lange is the record owner of Lot 10, Linden Park, City of Boulder, County of Boulder, State of Colorado, also known as 3732 Wonderland Avenue, Boulder, Colorado 80302 (the "Lange Property"). B. On or about November 29, 1994, Albireo Investment, Ine., a dissolved Colorado corporation, delivered a Quit Claim Deed to Lange, which Quit Claim Deed was recorded Decemberl9, 1994 at Reception No. 01485666 and which conveyed to Lange any title which Albireo Investment, Inc. might have had in and to certain real property located in the County of Boulder, and which is more particularly described on Exhibit A(the "Park Propert}~'). C. The City has disputed Lange's title to the Park Properry, and as a result of such dispute, the City brought an action in the District Court of Boulder Counry, Colorado, pursuant to C.R.C.P. 105 to quiet title in the Park Property in tUe City. Such action is captioned The City of Boulder v Robert T Feder• Andrea K. Feder• Viola B. Lan~e and 7oan S. Hill, Case No. 2001 CV 1952, Division 2, District Court, Boulder County, Colorado (fhe "Action"). D. Lange and the City desire to seCtile their dispute on the terms and conditions set forth in this Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. Contemporaneously with the execution of this Agreement, Lange sball deliver to Boulder a Quif Claim Deed conveying all of her right, title and interest in and Co the Park Property to the City. A copy of such deed is attached hereto as Exhibit B. 2. The City does hereby sell, transfer and convey to Lange an easement over and across the easterly five (5) feet of the Park Property for the encroachment of the overhanging of the eaves of the roof on the westerly side of the residence located on the Lange Property and for access to fhe Lange Property for the purpose of the repair, maintenance and replacement of such roof and the wesCerly side of such residence adjacent to the Park Property. Such easemenC shall be appurtenant to the Lange Property and shall inure to the benefit of Lange, her heirs, successors and assigns. 3. The grass on the Park Property is presently irrigated with a sprinkling system which is connected to the sprinkling system for Che Lange Property. The parties shall coordinate the AGENDA ITEM VI-A, PAGE 9 Attachment D disconnection of said sprinkling system located on the Park ProperCy from that IocaCed on the Lange Property. Lange shall be responsible for the cost of disconnecting that portion of the sprinkling sysCem which serves the Park Property from Lange's manifold sprinkler controls. The City will be responsible for "stubbing" the sprinkler system aC the common boundary line between the Lange Properry and the Park Property. Any irrigation of the Park Property by the City shall be arranged by the City independent from the Lange Properry. 4. The City agrees that iC will not construct any above ground sCructure intended for use by the public on the Park Property, such as, but not limited to, playgrounds, picnic shelters, restrooms, volley ball courts or pits, tennis courts, basketball courts, skate parks, shuffle boards, or other public sport facilities. However, the City may erect and maintain a sign, not to exceed 92 square feet, and generally locaYed as shown on the drawing attached as Exhibit C. The City may construct and improve the Park Property with irrigation facilities, trees, shrubs, bushes, grasses or any other plants or natural features and the facilities necessary to install or maintain those plants or natural features. The City agrees to not remove any trees currently locaCed on the Park Property, unless tihey become diseased or damaged beyond repair, or become a hazard to the Lange Property, the Park Property or Yhe public in general. Should any mature Yrees be removed due to the above, the City agrees to replace the same with trees that are compatible with the naCural state of the City Park and which may or may not be of the same size and species as the trees that are removed. 5. The Park Property shall be used solely for public park purposes. 6. Any notiices required or contemplaCed under this Agreement shall be in writin~ and shall be deemed properly given and received (a) when actually delivered and received, or (b) three (3) business days after being deposited in Yhe U.S. Mail, by Certified Mail, Return ReceipC Requested. All such notices shall be furnished with delivery or postage charges prepaid addressed to the party at the address set forth in the introductory paragraph of this Agreement, or such other address as such party may designate by written notice to the other party. NoCice to the City shall be sent to the attention of the Park Superintendent, City of Boulder Park and Recreation DeparCment. 7. The rights, duties and obligations set forth in this Agreement shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parCies hereto. 8. This Agreement shall be construed in accordance with the laws of the State of Colorado. 9. In the event any action is brought or commenced to enforce the terms and provisions of this Agreement, the prevailing party shall recover its costs, expenses and reasonable attorneys fees. AGENDA ITEM VLA, PAG~ 10 Attachment D Viola B. Lange STATE OF COLORADO ) ) SS. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this by Viola B. Lange. WITNESS my hand and official seal. My commission expires day of , 2003 Notary Public CITY OF BOULDER, a municipal corporation of the State of Colorado Title: ATTEST: City Clerk on behalf of the Director of Finance and Record Approved as to form: City Attorney AGTNDA IT~M VI-A, PAGE 11 ~ Z v a ~ ~ ~ ~ ~ n f~Fi ~ EXHIBIT E MAP OF PARK PROPERTY ADJACENT TO LOTS 19 & 20, LINDEN PARK, PROPOSED TO BE DISPOSED LOCATED IN THE NEt/4 OF SECTION 24, T1N, R71W OF THE 6TH P.M., CITY OF BOULDER, COUNTY OF BOULDER, STAT,~ OF COLORADO. :12' PROPOSED iREE :PROPOSED MAINTENANCE MAINTENANCE EASEMENT ~ EASEMENT (AREA: 304 s.f.) PARK LAND ~ lOll-ER LMm CQlMTANTS, INC. ~ SCALE: 1" = 40' NO7E: n+~s Mnr noes Nor r~a~r a eou~roartr suRVEr ors nnF SEARCH PERFWtMED BY BOlADER LAND CONSULTAN75 ING 7HERE MAY fbST EASEMENTS AND O7HER ENCUM~UNCES TING 7HE SU&.ECT PROPERiY THAT ARE NOT SMDNN HEREON. BOULDER LAND CONSULTANTS, INC. ~ seoo vu.wowr rm. ea,~. co eox, (~ N.s-ae~e PROJECT ~!117cob00 "11700EM1•DWG" I DAiE: 04/18/2003 a ~ O ~ ~ ° m ~ :PROPOSED PROPERTY TO BE CONVEYED iN FEE (AREA: 4,132 s.£.) Attachment F TERMS OF AGREEMENT BETWEEN THE CITY OF BOULDER AND THE FEDERS 1. The City of Boulder ("City") agrees to convey to Robert and Andrea Feder (Yhe AFeders@) Yhe following park lands ("Park Property"): a. Fee ProperCy. Upon the City's approval of a lot line adjusYment for Lot 19 of Linden Park, the City will sell to the Feders the 4,132 square foot portion of Park Property in fee. The City shall pay the premium on a title insurance policy on said Park Properry in the amount which the Feders paid for said Park Property. The Feders shall not bear any of the cost of the lot line adjustment that will be prepared by the City. The land transferred shall have the Pollowing restriction: Grantee shall erect no structures on the land conveyed by this Deed (the "Property"); provided, however, that Chis restriction shall not prevenC or limit the maintenance, repair orxeplacement of existing structures and improvements present on the Property as of the date oP this conveyance ("Existing Improvements"), so long as such maintained, repaired or replacement structures or improvemenCS (i) are subsCanually similar to the Existing Improvements, (ii) are not addifio~s to or extensions of the Existing ImprovemanCS, and (iii) do noC occupy additional porCions of the Propexty. This restriction shall not prohibiC incidental de minimis encroachment of such mai~tained, repaired or replacement strucCUres or improvements onto additional portions ofthe Property so long as a bona fide effort is made, in connection with such maintenance, repair or replacemenC activities, to comply with the requireme~ts set forth in the preceding sentence. AnyChing contained herein to the contrary notwithstanding, planting, landscaping and fencing improvements are noc structures or impxovements limited by the restriction set forth in this paragraph. b. Maintenance Easement East of Lot 20. The City shall convey an undivided'/a interest to the Feders and an undivided'/z interest to the other tenants in common of Lot 20 in a 304 square foot easement located immediately east of Lot 20 of Linden Park. The purposes of this easement is for tree maintenance and the maintenance of Che following existing structures in the easemenC area: a rock retaining wall, compost bin, wire fence. c. Tree Maintenance Easement Surrounding Lot 19. The City shall convey to the Feders a non-exclusive tree maintenance easement consisting of a 12-foot buffer around Lot 19 of Linden Park as amended by the lot line adjustment, starting aC Che northwest property corner and ending at the east boundary corner of Lot 19 where it meets Lot 20, for the purpose of maintaining existing trees using good silvicultural practices. 2. Conveyance from Feders. Prior to the City's conveyance to the Feders, the Feders will quit claim any interest that they have in the 4,622-Square Foot Parcel of Park Properfy shown on Exhibit G. 3. Consideration from Feders. In consideration for the City's conveyance of 4,132 square feet in fee, the Feders shall pay the City $16,900 (4,132 square feet x$4.09). The Feders shall pay 1/11`h of this cost at closing, and shall execute a Promissory Note promising to pay the City the remainder over the term of ten years at an annual interest rate of 5.25 %. AG~NDA ITEM # VI-A; PAGE 13 . ; '~ rxiirBZZ G Attachment G 4,622 Square Poot Parcel of Park Property Linden Park pARCEL 1 POINi OF 1D73 SpUA,R~ ~ F~EC 59.~5 ~y ]'72'S1"E CS 6"cGINti'ING K9 i~ ~''Sq'E ~~ ~} ~ V N'I~ ~,~~ J ry t ' ~l' 2l ~' 5'I c , ' ~, V` z ~ 9• f,' '~~ ~ - ". -^ V i n, 'E ~~C~ 1j ~~ ~'~ ; ,,~ p5' ~ LoT 19 J ~ J. 0 Linden Park u : N r O ?A.RC~L ~ . • ~ p~r 3545 SOIJnR~ FcET 4-i 4 < !~. LOT 20 ^ ~°, , ~~:>, ~~ ~kg H~~~ .p ~ a ' Q^ o n . h ~ C, ^o h '~ I IP. T~.. " ~ ii'~~, =_:e=.:^ e I!~a'c:-~ I 1 ~ ~ N4nC'~C~~c ~ 11.1%~ I I r:~•~.•~~~c..= I 17.23' ~ ~ _ I .a'~~'"°-': i :_~-' ~ .,. c. =•: I ' ~ . ~ I i _y _ I 11 /' ~1 ~ S. .~ I~C.L4' I ~~• I ~ _ I RG~ !: ~ 7.CC. ~ ~ ~ ~ ~ ~` ~\I I I. ~ I V` ACCIJ~AIik /`'~ ~ c ~.~ i . i ~ , _ ~_= ~ ~=~ ~: - - I r~~~ y ~.~' ^~y ( ~~ 5. ?~~:_< II I~Y~~~~`~ ~ ~ Z~1D ~ ~YA ~ ° ~ ; ~.3)i33-S~eS cc..._ c . . . ~ ~ _ ~J ir .. 1 "-~.:.._ -; ='-rv?c ~rar.n< ~ ~.:,~c~ _ I'=~:.~'1_D e~~. T'~_ti~: _ r- I,,, - ~c~J.a-;'l ..-, ..~~I G~_. .. . 1~EC'~tGi I ~ iA ITEM # I f' 1~ , PAGE~