HomeMy WebLinkAboutStaff Report 6.B 01/24/2011DATE
TO
January 24, 2011
Honorable Mayor and Members of the City Council through City Manager
FROM: Larry Zimmer, Public Works Engineering Manage
SUBJECT: Public Hearing to Consider Adoption of a Resolution of Necessity Determining
that the Public Interest and Necessity Require Acquisition of Certain Property and
Property Interests in and to a Portion of the Property Located at 92 Lakeville
Street (APN 007-0,71-009 and 007-071-010), owned by "David P. Frym, Susan A
Frym and Dale E. Daniels" for the Petaluma River Trail Enhancement Project —
Washington Street to Lakeville Street (City Project Number No. C200503)
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution of necessity determining
that ,the public interest and necessity require acquisition of certain property and property interests
in and to a portion of the property located at 92 Lakeville Street (APN 007-071-009 and 007-
071-010), owned by "David P. Fryin, Susan A Frym and Dale E. Daniels" for the Petaluma River
Trail Enhancement Project — Washington Street to Lakeville 'Street (City Project Number No.
C200503).
BACKGROUND
A. Required Findings for Adoption
1. That the public interest and necessity require the Project;
2. That the Subject Property is necessary for the Project;
3. That the Project is planned or located in the manner that will be the most
compatible with the greatest public good and the least private injury;
4. That the Subject Property is being acquired for a compatible use andwill not
unreasonably interfere with or impair the continued public use, if any, as it now
exists or.may reasonably be expected to exist in the future;
5. That>the Subject Property is being acquired for a more necessary use and the use
Jo which the property is appropriated, if any;
6. A Government Code section 7267.2 offer has been made.
Agenda Review:
Dept. Director City Attorney Finance Director City Manager
Therefore, staff recommends that the City Council:
Consider all evidence presented on whether the public interest and necessity require the
Project.
Consider all evidence presented on whether the Project is planned or located in the
manner that will be the most compatible withthe greatest public good and least private
injury.
Consider all evidence presented on whether the subject property is necessary for the
Project.
If, based on the evidence presented, the City Council finds and determines each of the
aforementioned "Findings", then staff recommends that the City Council adopt the proposed
Resolution of Necessity.
B. Reasons for the Recommendation
It is necessary to acquire the Subject Property in order to complete the Plan and the trail. Staff
recommends adoption of the attached Resolution of Necessity,. Attachment 1, which authorizes
the commencement of eminent domain proceedings to acquire the Subject Property as stated
herein. The proposed Resolution makes the required findings that the City Council is authorized
to acquire the Subject Property through its eminent domain powers by filing an action in
Sonoma County Superior Court. The Resolution must be approved by a two-thirds vote.
Therefore, as the City Council is currently a six -member body, the Resolution must be adopted
by four affirmative votes.
C. Alternatives
The City Council may choose to not adopt the Resolution of Necessity for the Subject Property.
This action would, however, most likely delay the Project.
D. Result of Recommended Action
Action on the Resolution of Necessity will authorize the filing of an action in eminent domain to
acquire the subject property interests for the Project.
E. Proposed Procedure
Staff recommends that the City Council: (a) hear presentations from staff, (b) open the hearing
and allow the property owner to speak if an appearance has been requested ; (c) allow staff
and/or counsel to respond to any issues raised by the property owner; (d) ask questions of staff
and/or counsel; (d) close the hearing to noticed parties; (e) allow general public comment; (e)
deliberate; and (f) adopt the attached Resolution of Necessity which makes the necessary
findings and authorizes the commencement of eminent domain proceedings for the acquisition.
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The proposed Resolution of Necessity involves the acquisition of the following from the affected
property owned by'David P. Frym, Susan A. Frym and Dale E. Daniels: Access and
Maintenance Easements and a Temporary Construction Easement in Assessor's Parcel Numbers
("APN"): 007-071=009 and 007-071-010 (the "Subject Property").
The Subject Property is being acquired for -the Petaluma River Trail Enhancement Project —
Washington Street to Lakeville Street (City Project Number No. C200503) (the "Project"). The
Project will be a Class I multi -fuse pathway along Petaluma River from Washington Street to
Lakeville Street. The Project carries out a portion of the Petaluma River Access and
Enhancement Plan approved by the City Council Resolution 96-138. The affected property
consists of 1.37 gross acres (1.17 useable acres) and is improved with an industrial building and
parking lot.
Pursuant to the provisions of Section 1245.235 of California Code of Civil Procedure, notice has
been.given to all persons whose property is to be acquired by eminent domain and whose names
and addresses appear on the last Sonoma County equalized assessment roll, all of whom have
been given reasonable opportunity to appear and be heard before the City Council on each of the
matters it must consider prior to adopting the proposed Resolution of Necessity.
1. Project Need and Description
The overriding purpose of the Petaluma River Access and Enhancement Plan ("the Plan"),
incorporated herein by this reference as though fully set forth herein, was crafted in 1996 to
protect and enhance the River, and to reorient the Petaluma community toward the River and
enhancing this "green ribbon" with improved public access, recreation, education, community
stewardship and river restoration of a three-mile reach of the Petaluma River, beginning at the
planned Water Street North Pedestrian Bridge and extending to the downstream end of
Shollenberger Park in Petaluma; California. The Plan envisioned a river recreational and open
space network with access to and along the Petaluma River featuring pedestrian and bicycling
trail's; launching and landing sites for non -motorized boaters; 'interpretive and stewardship
opportunities; and river related recreational facilities.
The Petaluma River Trail Enhancement Project — Washington Street to Lakeville Street (City
Project Number No. C200503) (the "Project") facilitates the General Plan of the City of
Petaluma, incorporated herein by this reference as though fully set forth herein, Policy 44 of
Chapter 5: The River, by providing pedestrian and bicycle paths along a portion of the River and
major streams. Public access is of primary importance in encouraging the public to learn about
and experience the rich historical, cultural and ecological values of the river. The Plan and this
Project expand access, which is balanced with habitat protection, river -dependent industrial and
commercial uses, privacy and security.
The; Project is designed to provide accessibility to people of all physical abilities, and conforms
with the requirements of the Americans with Disabilities Act of 1992. The trail will provide
access points for bicycles and pedestrians at the ends of public streets that terminate at the River,
provide water access, and encourage connections between the River Trail and other trail
networks such as Countywide trial systems, Bay Area Ridge Trails and- the Bay Trail. There will
be resting areas with seating and views; along the River. In addition, there will be interpretive
signing and displays along the trail.
The Project consists of a portion of the trail, the Lakeville Industrial Segment, between
Washington Street and Lakeville Strees in Petaluma. The, southern boundary is the Washington
Street Bridge, a downtown gateway. A 10 -foot pathway, including a pre -fabricated pedestrian
bridge over the Petaluma River, will be constructed.
2. CEQA - Initial Study and Mitigated Negative Declaration ("MND")
The City of Petaluma is the lead agency for the Project. The Initial Study with Mitigated
Negative Declaration, dated December 2004, prepared by the City of Petaluma for the Project is
incorporated herein by this reference as though fully set forth herein (including the Site
Investigation Report and all other "reports cited within the MND). The Community Development
Department approved the MND and issued a Notice of Determination on May 16, 2005, which is
incorporated herein by this reference as though fully set forth herein.
3. Project Approvals
On May 20, 1996, the City Council adopted Resolution No. 96-138, Adoption of the Petaluma
River Access and Enhancement Plan, approving the Project. Resolution No. 96-138 is
incorporated herein by this reference as though fully set forth herein.
4. Notice of hearing on the Resolution of Necessity
On December 17, 2010, pursuant to California law, the City provided written notice to the
property owners of its intention to adopt a resolution of necessity after a hearing on January 24,
2011. The City's letter and "Notice of Intention to Adopt Resolution of Necessity" served on
David P. Frym, Susan A. Frym and Dale E. Daniels are incorporated herein by this reference as
though fully set forth herein.
5. The Subject Property and Proposed Acquisition
The subject parcel is owned by David P. Frym, Susan A. Frym & Dale E. Daniels.
The proposed.Resolution of Necessity involves the acquisition of the following:
Access Easements
4,365 square feet and 30 square feet
Temporary Construction Easement
3,939 square feet
Legal descriptions and a map for the proposed acquisitions are set forth in Exhibit "A", attached
to the proposed Resolution of Necessity, attached hereto as Attachment 1.
C!
The City, is vested with the power of eminent domain to acquire real property interests at 840 —
980 E. Washington Street, Petaluma, California, by virtue of Article 1, Section 19, of the
Constitution of the State of California; California Code of Civil Procedure sections 1240.010 -
1240.050, 1240.110, 1240.1:20, 1240.150, 124,0.350; California Government Code sections
37350.5, 37353, 39792, 38900, 40401 and 40404.
6. Offer to Purchase
On November 6, 2008, the City made a written offer to purchase the Subject Property based on
an independent appraisal. City staff had a number of discussions with the property owners, who
understand the Project and the need for the City to acquire the property. Property owners have
represented to City staff that they are in agreement with the Project and it is believed that they
will not be appearing nor objecting to the passage of the Resolution of Necessity. A purchase
and sale agreement was entered into; -unfortunately, the sale was not finalized. The amount of
compensation to be paid to the property owners is not a required finding and passage of the
Resolution of Necessity is not dependent on determining the amount to be paid. In order to
complete the Project, City staff decided to proceed with the hearing at this time.
DISCUSSION
Adoption of the Resolution of Necessity and Findings:
By adopting the proposed Resolution of Necessity, the City Council will authorize the filing of
an eminent domain action to acquire the Subject Property as aforementioned. Before adopting
the Resolution of Necessity, the City Council must make the following findings based on
evidence presented at the hearing:
1. The public interest and necessity require the Project.
The acquisition of private property for a public right-of-way, including a public access
trail, has long been regarded as a "public use" for which the use of eminent domain is
justified. Here; there are several statutes in the California Code of Civil Procedure and
California Government Code authorizing the use of eminent domain for purposes of
constructing, improving and/or expanding public right-of-ways. (California Code of
Civil Procedure sections 1240.010-1240.050, 1240.110-1240.120, 1240.610; Government
Code sections 37350.5, 37353, 39792, 40401, 40404.)
The Project is needed to connect and complete the River'Trail, to accommodate
pedestrian access, bicycle access, upgrades to meet ADA standards, and provide
educational, recreational, and community stewardship opportunities, which is consistent
with the adopted General Plan. An expanded River Trail will provide additional access
to the downtown area. These efforts will also enhance the economic viability of the City's
commercial center.
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2. The proposed, project is planned or located in the, manner that will be the most compatible
with the greatest public good and the least private injury.
Efforts were made to minimize the number of properties and property interests needed
and to reduce other negative impacts without compromising: the Project. Portions of the
River Trail are set forth within vacant or unused area and other portions, including those
.within the subject parcel, and are within property already' encumbered with existing
easements and/or are used for landscaping. The Project'does not take away any
improvements, parking or effect circulation or loading dock areas. The Project includes
the relocation of existing fencing and replanting of some of the removed trees and
landscaping.
3. The property interests described in the Resolution of Necessity are necessary for the
Project.
Due to the location of the Subject Property, the Plan, the Project and River Trail cannot
be completed without acquisition;of the Subject Property as listed herein. There is no
alternative land on which to realign the Project without creating a greater impact or
without comprising the Project..and River Trail. The existing improvements, location of
the river and river banks, existing residential and commercial neighborhoods pose
significant physical constraints to trail modifications. The Project placement has taken
into consideration and places the Project within the landscaping and existing easements
as much as possible.
4. The offer required by Government Code section 7267.2 has been made to the owner of
record.
A written offer to purchase and an appraisal summary statement for the Subject Property
was provided to the owners.
5. The Subject Property interests are being acquired for a compatible use such that the City's
use of the Subject Property will not interfere with or impair the continued use of the
Subject Property for the public use that exists or may reasonably be expected to exist in
the future on the Subject Property, pursuant to California Code of Civil Procedure
Section 1240.5.10.
The Subject .Property may be affected by other public utility easements and/or an
easements in favor of the City of Petaluma and/or'public. The acquisitions and use of the
Subject, Property for the public use required for the Project will not interfere with or
impair the continuance of the City's public use as it exists or may reasonably be expected
to exist in the future, pursuant to California Code of Civil Procedure Section 1240.510.
6. The use for which the Subject Property is sought to be taken is a more necessary public
use than the use to which the: property is currently appropriated, pursuant to California
Code of Civil Procedure section 1240.610.
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The Subject Property is being acquired for a more necessary public use pursuant to
California Code of Civil Procedure section 1240.6110, to wit, a public right.rof way.
Insofat as the Subject Property has been put -to public use (per the aforementioned
easement), the acquisition and use of the Subject Property for public use by the City for
the Project is for a more necessary public use. Moreover, as previously indicated, the
City's use will not impact any of the current public uses or any other public use
reasonably foreseeable in the future. If any current or future uses cannot co -exist with the
proposed use of the Subject Property, the proposed use should dominate.
FINANCIAL IMPACTS
The ,cost of this easement acquisition, including legal services, is estimated at $40,000 and is
included in the existing approved CIP budget.
ATTACHMENTS
Resolution of Necessity for Acquisition of the Subject Property, including Exhibit A,
Legal Descriptions and Plat Map
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ATTACHMENT 1
RESOLUTION OF NECESSITY .
RESOLUTION DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE ACQUISTL`ION OF CERTAIN
PROPERTY INTERESTS FOR THE PETALUMA RIVER TRAIL
ENHANCEMENT PROJECT — WASHINGTON STREET TO
LAKEVILLE STREET (CITY PROJECT NO. C200503), AND
DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS —
PROPERTY OWNERS: DAVID P. FRYM, SUSAN A. FRYM
AND DALE E. DANIELS
92 LAKEVILLE. STREET (APN 007-071-009 AND 007-071-010)
WHEREAS, the Petaluma River Trail Enhancement Project — Washington Street to
Lakeville Street will continue the River Trail and provide pedestrian and bicycle access as
planned in the General Plan -and Petaluma River Access and Enhancement Plan, both
incorporated herein by this reference;
WHEREAS, it is desirable and necessary for the City of Petaluma to acquire certain real
property interests over, under, on, across and through Assessor's Parcel Number 007071-009 and
007-071-010 in order to construct, maintain, and operate the Project;
WHEREAS, the property interests to be acquired consist of access easements and a
temporary construction easement, more particularly described and depicted in Exhibit A,
attached hereto and made -a part hereof by reference and hereinafter referenced as the "Subject
Property";
WHEREAS, in order to construct the Project, the City of Petaluma is vested with the
power of eminent domain to acquire real property interests located at 101-181 North McDowell
Blvd., City of Petaluma, County of Sonoma, APN 007-071-009 and '007-071-010, by virtue of
Article 1, Section 19, of the Constitution of the State of California, Government Code Section
37350.5, 37353, 39792, 40401, and 40404, Streets and Highways Code Section 10102 and Code
of Civil Procedure Section 1240.010-1240.050, 1240.110, 12401.120, 1240.150 and 1240.350;
WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil
Procedure of the State of California, notice has been duly given to all persons whose property is
to be acquired by eminent domain and whose names and addresses appear on the last Sonoma
County equalized assessment roll, all of whom have been given a reasonable opportunity to
appear and be heard before the City of Petaluma on thefollowing matters:
1. Whether the public interest and necessity require the Project;
2. Whether the Project is planned or located in the manner that will be most compatible with the
greatest public good and, the least private injury;
3. Whether the property interest sought to be acquired is necessary for said Project;
4. d. Whether the Subject Property is being acquired for a compatible use and will not
unreasonably interfere with or impair the continued public use, if any, as it now exists or may
reasonably be expected to, exist in the future;
5. e. Whether the Subject Property is being acquired for a more necessary use and the use to
which the property is appropriated, if any; and
6. f. Whether the offer required by Government Code Section 7267.2 has been made to the
owner(s) of record; and
WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code of
the State of California, the City of Petaluma has made a written offer to the owner or owners of
record to acquire the Subject Property for just compensation;
WHEREAS, City has satisfied the provisions and complied with all requirements of the
California Environmental Quality Act ("CEQA") for the Project which are incorporated herein
by this reference; and
WHEREAS, on January 24, 2011, the City Council conducted a duly noticed hearing on
the resolution of necessity and considered the staff report on the resolution of necessity, all
public comments, all document and testimony received.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Petaluma, does hereby find, determine, order and resolve as follows:
1. The above recitals are facts on which these finding are based.
2. The interest.and necessity require the Project.
3. The Project -is planned and located in the manner which will be most compatible with the
greatest public good and the least private injury.
4. The property interests sought to be acquired in and to the real property more particularly
described and depicted in Exhibit A are necessary for the Project.
5. The offer required by Section 7267.2 of the Government Code of the State of California has
been made to the owner or owners of record of the Subject Property.
6. The Subject Property is being acquired. for a compatible use and will not unreasonably
interfere with or impair the continued public use, if any, as it now exists or may reasonably
be expected to exist in the future.
7. The Subject Property is being acquired for a more necessary use and the use to which the
property is appropriated, if any,
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8. The Office of the City Attorney of the City of Petaluma are hereby authorized, empowered
and directed to acquire in the name of the of the State of California, by condemnation, the
Subject Property in accordance with the provision of the Eminent Domain Law, the Code of
Civil Procedure and the Constitution of California; to prepare, prosecute and conduct to
conclusion in the name of the State of California. Such proceedings in the proper court as are
necessary for such acquisition and to take such action as may be deemed advisable or
necessary in connection therewith; and, to deposit the probable amount of just compensation
based on an appraisal.
9. An order for prejudgment possession may be obtained in said action and a warrant issued by
the City payable to the State Treasury Condemnation Fund, in the amount determined by the
Court to be so deposited, as a condition of the right of prejudgment possession and use of the
Subject Property for said public use and purposes.
1569424.1
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EXHIBIT A TO RESOLUTION
EXHIBIT N
Grant.of Public Access Easements
And
Temporary Construction Easement
For Pedestrian and Bike Path
City ofPetalunia River Trail'Enhancement Project No. C200503
Being a portion of the lands of Frym, as described in that certain deed recorded as Document No.
2005-062394, Official Records, Sonoma County Records, more particularly described as follows:
Being a grant of easement for Public Access/Pedestrian and.Bike P-atli; including Construction,
Reconstruction, Repair and Mairitenance. Said easement is described as follows:
Corn encingat a point -mark -cd by an iron pipe (called for in above mentioned deed), said pipe
being on the southwesterly line of Lakeville Street (called Hopper Street in said deed), from
which point the intersection of said Southwesterly line with the Northwesterly line of Madison
Street bears South 54° 09' East, 176.10 feet distant; thence from said point of commencement
and along the southeasterly line'of the Lands of McCann as said lands are described in that
certain deed recorded in Book 2820, Official Records, at Page 210, Sonoma County Records,
South 33° 18'20" West, 64.40,feet to.,a deed call iron pipe; thence continuing along the lands of
McCann, North 56° 24'40" West, 53.97 feet to the True Point of Beginning; thence from said
Point of Beginning and leaving said. lands of McCann, South 10° 56' West, 291.feet more or less
to the Northeasterly line of the right of way of the Petaluma and Santa Rosa Railway Company
(S.M.A.R.T.); thence northwesterly along the Northeasterlyline of said right of way, 50.7 feet
more or Iess to the point of intersection of said Northeasterly line with the Easterly line of the 30
foot exception to Parcel One, as said exception is described in said Document No. 88-005432;
thence northerly along the Easterly line of said exception 285 feet more or-less,to the
Southwesterly line of said lands of McCann; thence South 56° 24'40" East, 47.6 feet more or
less to the True Point of -Beginning.
Excepting therefrom any portion of Parcel One above described lying westerly of the face of an
existing steel sheet.pile wall (Petaluma River flood channel).
Containing 4,365 square feet, more or less.
PARCEL TWO
Commencing:at a point marked by an iron pipe (called for in above mentioned deed), said pipe
being orithe southwesterly -line of Lakeville Street (called Hopper Street in said deed), from
which point the intersection of said Southwesterly line with the Northwesterly line of Madison.
Street bears South 54" 09' East, 176.10 feet distant; thence from said point of commencement
and along the southeasterly line of the Lands of McCann as said lands are described in that
certain deed recorded in Book 2820, Official Records, at Page 210, Sonoma County Records,
uous�em.vna.rowrawFscviweatnm--ua. Page 1 of 4
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South 33' 18'20" West, 64.40 feet to ;i -deed call iron pipe; thence continuing along the lands of
McCann, North 56' 24'40" West,53.97 feet; thence,leaving said lands of McCann; South 100 56'
West, 291 feet more or less to an angle point on the Northeasterly line of the right of -way of the
Petaluma and'Santa Rosa Railway Company (S.M.A.R.T.) said Lands are described in that
certain deed, recorded in Book 209 of Deeds„ at.Page 66, Official Records,'Sonoma County
Records; said angle point `being the True Point of.Beginning of the land herein described thence
from said Point of Beginning aiAcontinuing South 10° 56' West 12.00 feet more or less to a
point on said northeasterly line of said Railway=right-of way; thence -following said northeasterly
line in a northwesterly direction 6.0.O feet more or less to an angle point in said northeasterly line;
thence continuing,along saidline northeasterly 11.00 feet more.or less'to the Point of -Beginning.
Containing 30 square feet more or less.
Reserving, however to the landowners, their heirs and assigns, all such rights and privileges as
my be used without interfering with or abridging'the rights and easement hereby acquired;
subject however to any existing easements.
Together with a
Temporary Construction Easement
Together with a temporary construction easement with the right dimmediate entry for all
purposes necessary to conform grades -and drainage between adjacent property and -the project
construction. Such purposes, as necessary, including the right to, butnof.limitedto; grading,
borrowing and/or depositing fill, spoil and waste materials thereon, to move, store and remove
equipment and supplies, to erect and remove temporary structures -on. the land, removalof
existing miscellaneous improvements, reconstruction of existing improvements, which may be
conformed, as may be. needed, beyond the temporary construction easement, and to perform any.
other work necessary and incident to the construction of said Pedestrian and Bike Path.
Said Temporary Construction. Easement is described as follows:
Being a 13 -foot wide strip of land lying easterly of and adjoining the'courses South 10° 56' West
as said courses are described in Grant of Easement Parcels "OAe" and "Two" above.
It is the intent that the sideline of the above described easement be extended or foreshortened at
its beginning or termination to join property or easement boundaries.
Containing 3,939 square feet more or less.
Reserving, however to the landowners, their heirs and, assigns, all such rights and privileges as
my be used without interfering with or abridging the rights and easement hereby acquired;.
subject however to any existing easements.
Said temporary constructioneasement shall terminate upon the Ung of the Notice of .
Completion for the City of Petaluma Project No. 8230-54110-C500505.
u�mmm�uo �wruwesna�aaoon
03-Ii-U&.Pd Page 2 of 4
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Basis of bearings for the above descriptions is the aforementioned Frym deed.
The intent of this, description is to affect that portion of the lands above described for the orderly
development of the City of Petaluma "River Trail Enhancement Project C200503." The
description was compiled'in.the offices of CSW/Stuber-Stroelr Engineering Group, Inc. -from
record deeds and mapping and ,die U.S. Army Corps of Engineers Petaluma River 40 Year Plan
Detailed Project drawings received from the City of Petaluma dated March 13, 1995. No gaps
nor gores are intended to be created where record information may be in conflict. .
(A.P.N.'s007-071-009 & 010)
Prepared by:
CSW/STUBER-STROEH ENGINEERING GROUP, INC.
ja o 1,ANo S.
Joll Date. I URS
(Ucense Renewal. 9-30'09) F
J JOHN J.
FlR6ERALD
File: 4.1048.0013 Date: April 1, 2008
(Project Parcel 02) LIC-# 4419
. QTc OF CAa
VD&2W..,1A&P.WFW1DEScw1D4W0 03-114Lapa Page 3 of 4
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ACKNOWLEDGMENT
State of California
County of s, J1
,
On 'V/L P P y before me,, tel
(insert name and W16 of the oftfer)
personally appeared )14 V;4 Piin- . . - . I
sati§f
Who proved't6 me an the basisof :
, 'ry eMerice to be',the,pdrson(s): whose: name(s)'islaw
2�r
subscribed to the Within, instrume nt .and acknowledged to md'that'he/ Aley"e-ecutddlhesame in
hisi W, -- -x
f authorized bbpacityDeig '0r4
aad'that by peir'slgnatdirejs�oh the Instrumentiffie
persongor the entity upon -behalf of which the person( I actedi,exec'uted the I . nstrument.
I certify under PENALTY OF PERJURY under the laws of. -the State -of California that theJoregoing
paragraph Is we and correct.
G ' 'F
HORNSBY
opmm
WITNESS my hand and official seal. 0
MA
My Comm. Fxpires9May; 0; 2093
Slgnatuic (Seal)
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