ORDINANCE NO. 275
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AN ORDINANCE J. 7S-
AUTHORIZING PAYMENT OF $725.00 AND $18,000.00
TO THE URBAN RENEWAL AGENCY OF THE CITY OF
SCHERTZ FOR THE PURCHASE OF DISPOSITION
PARCELS 17~5 AND 43-2 LOCATED IN BUFFALO
VALLEY NORTH PROJECT TEX. R-112. AND. AUTHORIZING
THE CONVEYANCE OF SAID DISPOSITION PARCELS
TO THE CITY OF SCHERT.Z FOR PUBLIC RECREATIONAL
USE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ:
SECTION 1. The Deed from the Urban Renewal Agency of the
City of Schertz, Texas conveying Disposition Parcels 17-5 and
43-2 located within the Buffalo Valley North Project Tex. R-112
and more particularly described within said Deed for a con-
sideration of $725.00 and $18,000.00, respectively, to the City
of Schertz for public recreational use is hereby accepted.
SECTION 2. Payment of the above sums to the Urban Renewal
Agency of the City of Schertz as consideration for the purchase
of said property is hereby authorized, payable to Donegan Abstract
& Title Company as Escrow Agent for the above-named Agency.
SECTION 3. A copy of the Warranty Deed is attached hereto
and incorporated herein by reference.
PASSED AND APPROVED this ....:3.- day of L!pt/EmtfER, 1972.
~/d~
MAYOR
TlST: ~
i -p-i ~
City Clerk
P~oject Tex. R-112
Parcels Nos. 17-5, 43-2
IVARRANTY DEED
THE STATE OF TEXAS X
COUNTY OF GUADALUPE X
KNOW ALL ~lliN BY THESE PRESENTS:
That the URBF~~ RENEWAL AGENCY OF THE CITY OF SCHERTZ,
Guadalupe County, Texas, Grantor, for and in consideration
of the sum of Seven Hundred Twenty-five and no/lOa Dollars
($725.00) and Eighteen Thousand and no/lOa Dollars ($18,000.00)
to it in hand paid by the Grantee herein named for Disposition
Parcels Nos. 17-5 and 43-2, respectively, said parcels being
more fully described herein, the receipt of which is hereby
acknowledged, has GRlll~TED, SOLD AND CONVEYED and by these presents
does GRlll~T, SELL 1L~D CONVEY unto the City of Schertz, located
within'the City of Schertz, Guadalupe County, Texas, to-wit:
Parcel 17-5:
A 0.33 acre tract of land out of Aviation Heights
Subdivision, as recorded in Volume 2, Pages 14-15,
Deed and Plat Records, Guadalupe County, Texas.
BEGINNING at an iron pin set at the intersection of
the east right-of-way line of F.M. 1518, with the
extension of the north right-of-way line of Aero
Avenue for the POINT OF BEGINNING of this tract;
THENCE: N. 380 48' IV, along the east right-Of-way
line of F.M. 1518, a distance of 138.53 feet to an
iron pin set at the extension of the south line of an
existing 12 foot alley, for the southwest corner of
this tract;
THENCE N. 590 44' E, along the south line of said
extension of an existing 12 foot alley, a distance
of 114.70 feet to an iron pin set for the northwest
corner of this tract;
THENCE S. 300 16' E, 137.0 feet to an iron pin set
at the said extension of the north right-of-,'ray
line of Aero Avenue, for the northeast corner of
this tract;
THENCE S. 59Q 44' W7 along said extension of the
norL~ right-oi-way line of Aero Avenue, a distance of
94.14 feet to the point of beginning and containing
0.33 acres of land.
A plat of said tract marked EXHIBIT, flAil is attached
hereto and made a part hereof for all purposes~
Parcel 43-2:
A 16.825 acre tract of land out of Aviation Heights
Subdivision! as recorded in Volume 2, Pages 14-5,
Deed and Plat Records, Guadalupe County, Texas.
BEGINNING at an iron pin set at the intersection of
the east right-of-',vay line of F .M. 1516 ~"i.th tne
south right-Of-way line of Aero Avenue for the POINT
OF BEGI~TNING o:ct-his tract;
THENCE N. 590 441 E, along the south right-of-way
line of Ae~o Avenue; a distance of 810.14 feet to an
iron pin set at the west right-af-way line of Oak
Street for a corner of this tract;
THENCE S. 300 16' E, along tpe west line of Oak
Street, a distance of lL20. 5' feet to an iron pin
set at the north line of F.M. 1516, for a corner
of this tract;
"
THENCE S. 760 32' IV, along the north line of F.M.
1516, a distance of 236.1 feet to an iron pin set
at the point of curvature of a curve to the right
for a corner of this tract;
THENCE along said curve to the right, having a radius
of 533.69 feet, a distance of 502.06 feet to an iron
pin set at the point of tangency of said curve for
a corner of this tract;
THENCE N. 490 34' W, along the east right-of-way
line of F.M. 1516, a distance of 488.86 feet to an
iron pin set at the point of curvature of a curve
to the right for a corner of this tract;
THENCE along said curve to the right, having a radius
of 1106.28 feet, a distance of 211.43 feet to an
iron pin set at the point ,of tangency for a corner
of this tract;
THENCE N. 380 47' W, along the east right-of-way
line of P.M. 1516, a distance of 153.05 feet to the
point of beginning and containing 16.825 acres of land.
A plat of said tract marked EXHIBIT "B" is attached
hereto and made a part hereof for all purposes.
TO HAVE AND TO HOLD the above-described premises, together
with all and singular the rights and appurtenances thereto in
anTNise belonging, unto the said Grantee, its successors and
assigns forever.
This Deed is made and executed upon and is subject to certain
express conditions and covenants, said conditions and covenants
being a part of the consideration for the property hereby conveyed
and are to be taken and construed as running with the land and
upon the continued observance of which and each of which, with
the sole exception of covenants nuw~ered FIRST and FIFTH, the
continued existence of the estate hereby granted shall depend,
and the Grantee hereby binds itself and its successors, assigns,
grantees, and lessees forever to these covenants and conditions,
'ii'lhich covenants and conditions are as follo~v-s:
FIRST: The Grantee shall devote the property hereby conveyed
to public recreational use only as provided in the approved Urban
Renewal Plan, and agrees to construct the following improvements
upon the said parcels during the fiscal years (October 1, to
September 30) and for the estimated costs indicated:
(1) Fiscal Year 1974 - Restoration of the existing
building within the park area into a Parks
Administration Office and Teen Center at an
estimated cost of $3,000.00.
(2) Fiscal Year 1975 - Development of picnic area,
installation of sprinkler systems and la~dscaping
at an estimated cost of $7,500.00.
(3) Fiscal Year 1976 - Park ligh~ing, beautification
progr2.ffi (additional landscaping r 'ii'7alking paths,
~onumental decorating) and installation of minor
sports activities (shuffle board and basketball
facilities) a-t an estimate:::1 cost of $9fOOO.OO~
2
(4) Fiscal Year 1977; 1978 Development contingent
upon bond issue passage to include swimming pool,
park pavilion, central concession stands, parking
areas at an estimated cost of $300,000.00 to
$400,000.00.
SECOND: The Grantee shall pay real estate taxes or assess-
ments on the property hereby conveyed or any part thereof when
due and shall not place thereon any encuro~rance or lien other
than for temporary and permanent financing of construction of
the Improvements on the property hereby conveyed as provided
for in the Second Amended Cooperation Agreement dated the
day of , 1972, between the parties hereto and as--
provided herein, and for additional funds, if any, in an amount
not to exceed the consideration herein specified, and shall not
suffer any levy or attachment to be made or any other encumbrance
or lien to attach until the Grantor certifies that all building
construction and other physical improvements specified to be
done and made by the Grantee have been completed;
THIRD: The Grantee shall commence promptly the construction
of the aforesaid Improvements on the property hereby conveyed in
accordance with the said Second Amended Cooperation Agreement
and as set forth herein and shall prosecute diligently the con-
struction of said Improvements to completion.
FOURTH: Until the Grantor certifies that all the aforesaid
Improvements specified to be done and made by the Grantee have
been completed, the Grantee shall have no power to convey the
property hereby conveyed or any part thereof without the prior
,qritten consent of the Grantor except to a Mortgagee or Trustee
under a Mortgage or Deed of Trust permitted by this Deed, and,
except as security for obtainir.g financing permitted by this
Deed, there shall be no transfer, and the Grantee shall not permit
any transfer.
FIFTH: The Grantee agrees for itself and any successor in
interest not to discriminate upon the basis of race, color, or
national origin in the sale, lease, or rental or in the use or
occupancy of the property hereby conveyed or any part thereof or
of any Improvements erected or to be erected thereon or any part
thereof..
The covenants and agreements contained in the covenant nlli~~ered
FIRST shall run for a 20-year period from April 27, 1971 to April 26,
1991f or throughout the life of the Urban Renewal Plan and any
extensions or time as covered in the Plan, whichever period is
longer. The covenants and agreements contained in covenants
nwubered SECOND, THIRD, and FOURTH shall terminate on the date
-the Grantor issues the Certificate of Completion as herein provided
except only that the termination of the covenant ntLT'['I..bered SECOND
shall in no way be construed to release the Grantee from its
obligation to pay real estate taxes or assessments on the property
hereby conveyed or any part thereof. The covenant nlli~bered FIFTH
shall remain in effect without any limitation as to time~
In case or the breach or violation of anyone or t.he covenants
~umbered SECOND, THIRD and FOURTH at any time Drior to the time
the Grantor certifies that all building-constr~ction and other
physical imyrov2illents have been completed, and in case such breach
~r such violatio~ shall not be curedF ended or remedied within 60
days after written demand by the Grantor so -to do with respect
to covenant nu~erec1 FOURTH and three (3) months after ',^lri"tten
dema~d by the Grantor so to do with respect to covenants numbered
3ECOND and THIRD {Provided, Tha"t a breach or violation 1,.;ith ~espect
to the portion of covenant numbered THIRD, dealing ~"i th completion
3
or the Improvements may be cured,.'ended or remedied within six
(6) months after written demand by the Grantor so to do) or any
further extension thereof that may be granted by the Grantor in
its sole discretion, then all estate, conveyed under this Deed,
shall cease and determine, and title in fee simple to the same
shall revert to and become revested in the Grantor, or its
successors or assigns, and such title shall be revested fully
and completely in it, and the said Gran'tor, its successors or
assigns, shall be entitled to and may of right enter upon and
take possession of the said property: Provided, That any such
revesting of title to the Grantor:
"
(1) Shall always be subject to and limited by, and
shall not defeat, render invalid, or limit in any
way
(i) the lien of any mortgage or Deed of Trust
permitted by this Deed; and
(ii) any rights or interests provided in the
Second &~ended Cooperation Agreement and
as provided herein for the protection of
?
the trustees of any such Deed of Trust or
the holders of any such mortgage; and
(2) In the event that title to the said property or part
thereof shall revest in the Grantor in accordance
with the provisions of this Deed, the Grantor shall
pursuant to its responsibilities under applicable
law use its best efforts to resell the property or
part thereof (subject to such mortgage liens as
hereinbefore set forth and provided) as soon and in
such manner as the Grantor shall find feasible and
consistent with the objectives of such law, and
of the Urban Renewal Plan, to a qualified and
responsible party or parties (as determined by the
Grantor) who will assume the obligation of making
or completing the Improvements or such other improve-
ments in their stead as shall be satisfactory to the Grantor
and in accordance with the uses specified for the above-
described property or any part thereof in the Urban
Renewal Plan. Upon such resale of the property the
proceeds thereof shall be applied: First: to
rei~burse the Grantor, on its 01vn behalf all costs
and expenses incurred by the Grantor including, but
not limited to, salaries of personnel in connection
with the recapture! management and resale of the
property or part thereof (but less any income derived
by the Grantor from the property or part thereof in
connection with such managementi all taxes, assess-
ments, and water and seT,,;er charges with respect to
the property or part thereof; any payments made or-
necessary to be made to discharge any encumbrances
or liens existing on the property or part thereof
at the time of revesting of title thereto in the
Grantor or to discharge or prevent f~om attaching or
being made any subs~quent encumbrances or liens due
to obligationsr defaults, or acts of the Grantee, its
successors; or transferees; any expenditures made or
obligations incurred with r~spect to the making or
completiorr of the Improvements or any part thereof
on the Droperty or Dart thereof; and any amounts
o therl.vi~e o~'ring the,L.; Grantor by the Grant.ee and its
successors or transferees; and
Second: to reirnburse the Grant.ee 1 i-ts successors
or transferees UP to an amount equal to the sum of
"the purchase price paid by i t .Eo~ the property (or
"
allocable to the part thereof) and the cash actually
invested by it in making any of the Improvements on.
the property or part' 'ther~of, less any gains or
income wiL~drawn or made by it from this conveyance
or from the property.
"
Any balance remaining after such reimbursements shall be retained
by the Grantor.
The Grantor shall be deemed a beneficiary of covenants
numbered FIRST through FIFTH, and the United States shall be deemed
~ beneficiary or the covenant numbered FIFTH, and such covenants
shall run in favor of the Grantor and the United States for the
entire period during ,'lhich such covenants shall be in force and
effect, without regard to whether the Grantor and the United States
is or remains an owner of any land or interest therein to ,vhich
such covenants relate. As such a beneficiary, the Grantor, in
the event of any breach of any such covenant, and the United States
in the event of any breach of the covenant nuw~ered FIFTH, shall
have the right to exercise all the rights and remedies, and to
maintain any actions at law or suits in equity or other proper
proceedings to enforce the curing of such breach, to which bene-
ficiaries of such covenant may be entitled.
Promptly after the completion of the above-mentioned Improve-
ments in accordance with the provisions of the Second Amended
Cooperation Agreement and this Deed, the Grantor will furnish the
Grantee with an appropriate instrument so certifying in accordance
with the terms of the Second Amended Cooperation Agreement and
this Deed. Such certification shall be a conclusive determination
of satisfaction and termination of the agreements and covenants
in the Second Amended Cooperation Agreement and in this Deed
obligating the Grantee and its successors and assigns, with respect
to the construction of the Improvements and the dates for beginning
and completion thereof: Provided, That if there is upon the
property a mortgage insured, or held or owned, by the Federal
Housing A~~inistration and the Federal Housing Administration shall
have determined that all buildings constituting a part of the
Improvements and covered by such mortgage are, in fact, substantially
completed in accordance with the Second A.~ended Cooperation Agreement
and as provided herein, and are ready for occupancy, then, in such
event, the Grantor and the Grantee shall accept the determination
of the~Federal Housing A~~inistration as to such completion of
the construction of the Improvements in accordance with the Second
p~~ended Cooperation Agreement and as provided herein, and, if the
other agreements and covenants in the Asreement obligating the
Grantee in respect of the construction and completion of the
Improvements have been fully satisfied the Grantor shall forthwith
issue its certification and such determination shall not constitute
evidence of compliance witn or satisfaction of any obligation of
the Grantee to any holder of a mortgage" or any insurer of a
mortgage 1 securing money loaned to finance 'the Improvements r or
any part thereof~
Grantor does hereby bind itself, 2LS successors and assigns
to ,iA~~~~T p~TD FOREVER DEFEND, all and singular the said premises
unto the said Grantee, its heirs; successors and assigns against
every person lawfully claiming or to claim the same ar any part
the:!:'"eof~
IN TESTIMOrIY ~'r::8EREOF, the name of Grantor hereunto
the Chair~an of its Bo~rd of Couaissioners and its seal
by its Secre;:ary -this day of , 1972.
affixed by
. r-.c. ..,
18 a:Ci.lXea
URBAN RENEWAL AGENCY OF
THE CITY OF SCHERTZ
ATTEST:
By
Chairman
Secreta..:r-y
,
THE STATE OF TEXAS :
COUNTY OF GUADALt.l1?E :
BEFORE NE, the undersigned aut...l1ori ty, on this day personally
appeared and ,
Chairman and SecretarJ7 respectively, of ~~e Urban Renewal Agency
of t."1e City of Schertz, Guadalupe County, Texas, knc~.,n to me to
be t~e persons ~~d officers whose names are subscribed to the
foregoing instrument ~~d acknowledged to me that they executed
t.1.e same for t...l-1e purposes and consideration therein expressed,
and in the capacity therein stated and as the act and deed of tl-1e
Urban Henewal Agency of the City of Schertz, Guadalupe County,
Texas.
GIVEN UNDER my hand and seal of office tl-1is
, 1972.
day of
,
Notary Public, Guadalupe County,
Texas
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