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HomeMy WebLinkAbout07559Reception 1713494 09/28/2007 ORDINANCE NO. 7559 AN ORDINANCE APPROVING THE PLAT OF WEST LEE HILLS, FILING NO. 1, 1s' AMENDMENT, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the West Lee Hills Subdivision, being a subdivision of land legally described as: All of Lots 1 through 15 both inclusive, Block 4 and Lots 1 through 23, both inclusive Block 5 as platted in West Lee Hills, Filing No. 1 according to the recorded plat thereof, as filed for record at Reception no. 1616742 in the Pueblo County records. Containing 12.99 acres, more or less is hereby approved, and all dedicated streets, utility and drainage easements, rights -of - way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance nor the requirements imposed hereby shall 1743494 ORD 09/28/2007 11:08:28 AM Page: 2 of 3 R 16.00 0 0.00 T 16.00 Gi lbart Ortiz Clerk /Reeerder, Pueblo County, Co mill K F071 301016 MIA101 11 111 create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other, work or improvements required thereby. Nothing in this ordinance or in the City's subdivision ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of.the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, at seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 4. This ordinance shall be approved upon final passage but shall not become effective until (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City with such modifications, if any, approved by City Council, have been filed with and approved by the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12 -4 -5 (B) (2) of the Pueblo Municipal Code, and are not for any reason filed and approved within one 1743494 ORD 09/28/2007 11:08:28 AM Page: 3 of 3 R 16.00 D 0.00 T 16.00 i Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III K M«+IFN 1ICIVaI W Mob 11111 (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. 4 ti � aDt6 � ohs ' O , f ' -� •!!� C I 4p •, ten � t� A�Itaaso...(1 G CLERK INTRODUCED: December 11, 2006 BY: Randy Thurston 11 NCILPERSON APPROVED. - PRESIDENT OF CITY CO NCIL PASSED AND APPROVED: December 26, 2006 Ord, X7556 Background Paper for Proposed ORDINANCE AGENDA ITEM # / DATE: DECEMBER 11, 2006 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/JERRY M. PACHECO TITLE AN ORDINANCE APPROVING THE PLAT OF WEST LEE HILLS, FILING NO. 1, 1sT AMENDMENT ISSUE Shall City Council approve a request to replat a portion of the West Lee Hills subdivision to create 16 single - family residential lots? The Planning and Zoning Commission, at their September 13, 2006 regular meeting, voted 6 -0 to recommend approval. West Lee Hills Subdivision, is generally located in the southwest terminus of Savannah Drive. The applicant is proposing to replat a portion of the West Lee Hills No. 1 subdivision that was approved June 14, 2004. The amended subdivision contains 12.99 acres, is zoned R -2 Single Family Residential and consists of 16 lots that will house single - family dwelling units. The application proposes to extend the public street Savannah Drive and construct two (2) cul -de -sacs, Kimbra Court and Blair Court. In the Subdivision Review Committee memo dated October 3, 2006, it was their recommendation that the plat be approved. FINANCIAL IMPACT None. Reception 1743498 09/28/2007 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on ^,� ;g 5 2-0 0-7 , between the 66 CITY OF PUEBLO, a Municipal rporation (` ity"), and Top Land Development, LLC, a C olorado Limited Liability Company ( "Subdivider "). RECITALS WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A"; and WHEREAS, the Subdivider, as a condition of approval of the final plat of West Lee Hills, Filing No. 1, 1st Amendment ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Required Public Improvements "); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit "B" and shown on approved construction plans and documents on file in the office of the City's Director of Public Works ( "Plans and Documents "). WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants and agreements, the City and Subdivider agree as follows: I Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, DPW 101 0 1 /01 /06(Revised 01/11/06) 1743498 SUBD AG 09/28/2007 11:08:28 AM page: lert O A 66.00 Ortiz Clerk /Record r Clerk/Recorder, Pueblo Cc mill K WHOVINAWRINN 11111 or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the cost of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000') feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half (1/2) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid -block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recent proposed site and existing improvements. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. DPW 101 01/01 /06(RevisedOl /11 /06) 1743498 SUBD AG 09/28/2007 11:08:28 AM Page: 3 of 13 k 66.00 0 0.00 T 68.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co mill �w i +� � ®iii 1 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding.upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public DPW 101 g 0 /01 /06(RevisedOIA 1/06) 17 SUBD AG 09/28/2007 11:08:28 AM Gilbert Ortiz Clle /Recorde Pueblo Ca ®iii K ri���OWN11,1014 RI 11111 Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots and shall include the full width of all streets upon which such lots abut. 1 l . If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and restoration of adjacent drainage channels, and /or associated improvements and revegetation (the "facilities "), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefore approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain, or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness or encumbrance shall subordinate its interest or encumbrance to this Agreement and all its terns, conditions, and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. 14. City and Subdivider have attempted by the attached Exhibit "B" and Plans and Documents to describe all Required Public Improvements to be constructed and DPW 101 4 01 /01 /06(Revised01/11/06) 1743498 SUBD AG 09/28/2007 11:08:28 AM Page: 5 of 13 W 88.00 0 0.00 T 66.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc iiii wa rawFtw aworMr i n II installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit `B" and Plans and Documents fail to describe or to include, for any reason, any Required Public Improvement described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Omitted Public Improvement "), Subdivider shall not be released or discharged from Subdivider's obligation to construct and install the Omitted Public Improvement in the time and manner contained in this Agreement and Chapter 4, Title XII of the Pueblo Municipal Code. In order to determine whether or not there are Omitted Public Improvements, the following shall be applicable: (a) If the Required Public Improvements are constructed and installed within ten (10) years from the date hereof, or within a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date hereof shall control, unless adherence to a more recent standard does not require significant engineering modifications or major revisions to the plans and documents. For the purposes of this subsection, a major revision is defined as, but not necessarily limited to the relocation or re- alignment of any curb and gutter, sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or type of sewer mains, inlets, curb and gutter or sidewalk. (b) If the Required Public Improvements are constructed and installed after ten (10) years from the date hereof, or after a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Coucil and interpreted as of the date the Required Public Improvements are constructed and installed shall control. (c) If Chapter 4 of Title XII and /or the standards and specifications approved by the City Council are modified or amended to conform with the requirements of federal or state law, rules or regulations prior to the construction and installation of the Required Improvements, they shall control as so modified and amended. 15. Except for guarantee and obligation to correct defects required by Section 12-4 - 70)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to extend any obligation of the Subdivider beyond the date of written approval and accepted by the Director of Public Works of the Required Public Improvements described in attached Exhibit `B ", provided, however that the obligation of the Developer to construct or install any Omitted Public Improvements will cease following two (2) years from the date of acceptance of the Required Public Improvements described in the attached Exhibit `B" by the Director of Public Works. DPW 101 5 01/01 /06(RevisedOl /11 /06) 17 SUED AG 09/28/2007 11:08:28 AM G � 66 ilbert Ortiz Clerk /Recorderr, Pueblo0Ccunty, Cc mill 1F�t�i��� ®i iii (SEAL) Top Land Development, LLC, The foregoing instrument was acknowledged before me on _ l by Jack R. Jargowsky, Member, Top Land D elo a Colorado Limi My 16. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 17. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 18. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. NOTARY � � v PUBLIC u Subdivider. ty Company :s: /p �0 •o?OOy' L ? ���� 92CJ7�t�c_.e - ✓ 1 Notary Public STATE OF COLORADO COUNTY OF PUEBLO ss. CITY OF PUEBLO, a The foregoing instrument was acknowledged before me this So o{c m E v-1 2U0"7 by President of City Council, and C i n0. i7t.i (' l e Pueblo, Colorado. of City Council day of JCV-V t as as City Clerk of the City of DPW101 0 1/0 1 /06(Revised0l /11/06) By: 1743498 SUED AG 09/28/2007 11:08:28 AM Page: 7 of 13 A 66.00 0 0.00 T 66.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®iii K ra�����i�1�T014TVWi ®iii 1 my hand and official seal. �Pvgornmission expires: 12- L)4� SUSAN M. BEERY Notary Public s ; S m ]� State of Colorad L o Notary Public A�?PRQ)V S TO FORM: DPW 101 01 /01 /06(RevisedOl /11/06) 17 SUBD AG 09/28/2007 11:08:28 AM Gilbert 1 66.00 Ortiz Clerk/Recorder, r eeorder, Pueblo Co ®iii K rNWIFaINVIR *W71w,101®i iii EXH151T A All of Lots I through 15 both inclusive, Block 4 and Lots I through 23, both inclusive Block 5 as platted in West Lee Hills, Filing No. I according to the recorded plat thereof, as filed for record at Reception No. 161 6742 in the Pueblo County records. Containing 12.99 acres, more or less. Prepared by: North5tar Engineering and Surveying, Inc. 1 1 1 E. 5" Street Pueblo, Colorado 81003 October 19, 2006 JN 0200506 IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: WEST LEE HILLS, FILING NO. 1, 1ST AMENDMENT AC DEVELOPER: TOP LAND DEVELOPMENT, INC. Remove Ex. San. Main ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. @ MISC. IMPROVEMENTS $22,260 21" PVC Main (8' depth) 3,180 LF PHASE II: $75.00 /LF = $238,500 Install 60" Dia Manhole 9 ONSITE @ $4,000.00 /EA = $36,000 Remove Ex. Manholes Grouted Boulder Drop 1 LS @ $6,500.00 /LS = $6,500 Grading (Park & Open Space) 2500 CY @ $2.00 /CY = $5,000 Rip -Rap (Arroyo) 240 CY @ $50.00 /CY = $12,000 Triple Box Culvert 195 LF @ $270.00 /LF = $52,650 Concrete Wingwalls 60 CY @ $500.00 /CY = $30,000 DETENTION POND #1 @ $60.00 /LF = $190,800 Maint. of Traffic Thatcher Ave. 10' Concrete Trickle Channel 3000 SF @ $3.00 /SF = $9,000 Outlet Structure 1 EA @ $6,000.00 /EA = $6,000 18" RCP 24 LF @ $40.00 /LF = $960 Rip -Rap Type 'M' 76 CY @ $50.00 /CY = $3,800 Rip-Rap Type 'H' 34 CY @ $50.00 /CY = $1,700 Grading 10500 CY @ $2.00 /CY = $21,000 Revegetation 1 AC @ $12,000.00 /AC = $12,000 OFFSITE Revegetation /Re- Sodding 0.5 AC @ $12,000.00 /AC = $6,000 Remove Ex. San. Main 3180 LF @ $7.00 /LF = $22,260 21" PVC Main (8' depth) 3,180 LF @ $75.00 /LF = $238,500 Install 60" Dia Manhole 9 EA @ $4,000.00 /EA = $36,000 Remove Ex. Manholes 9 EA @ $1,800.00 /EA = $16,200 Remove & Replace Concrete 200 LF @ $12.50 /LF = $2,500 Flowable Fill 3180 LF @ $40.00 /LF = $127,200 Re- instate Services 34 EA @ $900.00 /EA = $30,600 Asphalt Patching 3180 LF @ $60.00 /LF = $190,800 Maint. of Traffic Thatcher Ave. 1 LS @ $15,000.00 /EA = $15,000 MISC. IMPROVEMENTS - SUBTOTAL $845,670 TOTAL $1,16 674 This is an estimate only. Actual construction costs may vary. PREPARED BY: S.WINTERS FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. 17 SUBD AG 09/28/2007 11:08:28 RM Gilbert 3 Clerk / / Reeor r der0 P ueblo 00 county, co mill K NINAINURF UJIMM 11111 Reception 1743496 09/28/2007 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded October 3 2005 , in Book - atPage - Reception Number 1641582 does hereby ratify and consent to the subdivision of the land platted as West Lee Hills Filing No. 1, 1st Amendm shown on the Subdivision Plat recorded by Reception Number in the records of Pueblo County. Colorado. and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto between the Subdivider and City of Pueblo executed in conjunction therewith. 7y Sinned this / day of E e zoo? First National Bank - CompanpName IN STATE Or COLORADO ) ) S'S. COT NT'r OF PLrEBLO The fOre_0177a insIrumenr c� -as uc Howled sed before me this �� p - _— d❑ 0- 2007 I„ C� 'is 0 i,, Reception 1743497 09/28/2007 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded March 28 2006 , in Book - at Page - , Reception Number 1668080 , does hereby ratify and consent to the subdivision of the land platted as west Lee Hills, Filing No. 1, 1st Amendment Reception Number in the records of Pueblo County. Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision t nprovements Agreement and Addendum thereto between the Subdivider and City of Pueblo executed in conjunction therewith. Td Signed this day of 2007 First National bank - LPO STATE OF COLORADO) j ss. COUNTY OF PUEBLO j shown on the Subdivision Plat recorded by By: Title The foregoing instrument was acknowledged before me this f day of by _ 1,M1U11 S��� as of _�� DPW 107 02//05//02 use 9, z6o7 0,6B — `� LtlNV Notary Public Company Name My Commission Expires: