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HomeMy WebLinkAboutMS 12-02; Alps Innovation LLC; 2013-0729619; Covenant(ii, RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCtt 2013-0729G19 11 DEC19,2013 3:47 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Erne" J Dronenburg, Jr., COUNTY RECORDER FEES: 51.00 PAGES: 13 iiiiiiiin SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 213 -262-11 Project ID: MS 12-02 Related Project ID: PR 13-35 Related Project ID: Project Name: Alps Innovation Hotels COVENANT FOR EASEMENT (Government Code Article 2.7 commencing with Section 65870 of Chapter 4 of Division 1 of Title 7; Carlsbad Municipal Code Section 20.04.140) Alps Innovation, LLC, a California limited liability company hereinafter referred to as "Owner" creates a covenant for easement for the purpose stated hereon; over, across and upon the real property described in Exhibit "A" for the benefit of the property referred to in Exhibit "B". This covenant for easement may be released only according to the procedures established by law if it is determined by the City that the covenant is no longer needed to achieve the land use goals of the City. This covenant for easement is required by a condition of approval number 46 for a minor subdivision MS 12-02 issued by the City of Carlsbad for development located on real property described in Exhibits "A" and "B". The property burdened by this covenant for easement is described as follows: See Exhibit "A" attached hereto and made a part hereof. Exhibit "C" is provided for clarity only. The property benefited by this covenant for easement is described as follows: See Exhibit "B" attached hereto and made a part hereoL Exhibit "C" is provided for clarity only. This covenant for easement provides reciprocal private easements for private access, parking, drainage, storm drain facilities, storm water best management practices (BMPs) over, across and upon the burdened property for the benefit of the property benefited and shall be enforceable by the City and the Owner of the property benefited and any successors in interest to the property benefited by this covenant. This covenant for easement shall run with the land, and the burdens of the covenant for easement shall be binding upon and the benefit of the covenant for easement shall inure to the benefit of all successors in interest to the real property. Dated: ({ {HHj OWNER: Alps Innovation, LLC, a California limited liabilityjcempany Sign Here Shared Khandwala, Manager/President Name and Title (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUCE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. APPROVED AS TO FORM: CELIA BREWER City Attorney RON KEMP Assistant City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of } On before me, Date ' Here Insert Name andTitle of the Officer U 6 personally appeared Naine<s) of Signer(s) ANA8TASIA N. BILL Cofflmiuion # 19S0721 ibNc • CaWornia San Oitgo County SCowm. Eapifia Jun 3.2016 si m who proved to me on the basis of satisfactory evidence to be the persor>(8f whose namei(8)^s/aFer^ubscribed to the within instrument and acknowledged to me that he/§h^l^dy executed the same in his/hiw/thelf authorized capacity(i^, and that by his/bei7th0lr signature(«ron th© instrument the person(s), or the entity upon behalf of which the person(^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature. OPTIONAL Signature of Notary Public Though the Infonnation betow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document . t: Title or Type of Document: Document Date: Number of Pages: <^ Signer(s) Other Than Named Above: DO OtKQl cO[C^Y}C^f^ Capacity(ies) Claimed by Signer(s) Signei^s Name: • Individual • Corporate Officer—Tltle(s) • Partner — • Limited • G^n^ral • Attorney in Fact • Trustee • Guardian or Cprfservator • Other: Signer's Name: • Individual • Corporate Officer — Title(^): • Partner — • Limited J3la6neral • Attorney in Fact / • Trustee X • Guardian orjEonservator • 0Vner:^7 Signec4s Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007Nalion£yNotaryAssocialion»9350DeSotoAvB.,P.O.Box2402«Chatsworth,CA 91313-2402• www.NationalNotary.ofg ltem#5907 ReorderCaMToH-Free 1-800-876-6827 EXHIBIT 'A' BimDENED PROPERTY P R13-35 COVENANT FOR EASEMENT FOR PRTVATE ACCESS AND PARKMG, DRAINAGE, STORM DRAIN FACILITIES, AND BEST MANAGEMENT PRACTICES (BMP) FACILITIES FOR STORM WATER TREATMENT OVER PARCEL 2 FOR THE BENEFIT PARCEL 1 &3 CITY OF CARLSBAD MINOR SUBDIVISION 12-02 THAT PORTION OF LOT 1 OF CARLSBAD TRACT CT 06-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15630, RECORDED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, OCTOBER 11, 2007 AS FILE NO. 2007-0655142 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 2 OF MS 12-02: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, BEING ALSO A POINT ON EASTERLY RIGHT-OF-WAY LINE OF INNOVATION WAY AS SHOWN ON SAID MAP 15630; THENCE ALONG THE WESTERLY LINE OF SAID LOT I AND SAID EASTERLY RIGHT OF WAY 1. NORTH 00°16'30" EAST (NORTH 00°16'45" EAST PER MAP 15630) 2. NORTHERLY 232.35 FEET TO THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE 30.74 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°14'31"; THENCE TANGENT NORTH 04°58'01" WEST 86.48 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHERLY, NORTHEASTERLY, AND EASTERLY 39.29 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°02'08"; THENCE TANGENT ALONG THE NORTHERLY LINE OF SAID LOT 1, BEING ALSO THE SOUTHERLY RIGHT- OF-WAY LINE OF PALOMAR AIRPORT ROAD AS SHOWN ON SAID MAP 15630 NORTH 85°04'07" EAST 124.32 FEET TO THE BEGINNING OF A TANGENT 2937.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE CONTINUING EASTERLY 94.86 FEET ALONG THE ARC OF SAID CURVE AND SAID LOT LINE AND RIGHT-OF-WAY, 10F3 2650 Covenant of Easement EXHIBIT B .doc EASTERLY 470.34 FEET; THROUGH A CENTRAL ANGLE OF 01°50'59" TO THE TRUE POINT ON BEGINNING, AND ALSO BEGINNESfG OF A NON-TANGENT 2937.00 FT RADIUS CURVE CONCAVE SOUTHERLY; A RADIAL LINE TO SAID POINT BEARS NORTH 03°05'11" WEST THENCE CONTINUING ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY LINE OF LOT 1 ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY LINE OF LOT 1 THROUGH A CENTRAL ANGLE OF 09°10'32" THENCE LEAVING SAID NORTHERLY LOT LINE AND RIGHT-OF- WAY, 8. SOUTH 00°00'00" WEST 379.11 FEET TO THE BEGINNING OF A NON- TANGENT 1400.50 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADLAL LINE TO SAID POINT BEARS NORTH 06°07'56" EAST; THENCE WESTERLY 140.82 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°76' 12"; THENCE ALONG A RADIAL LINE TO SAID CURVE 10. SOUTH 00°22'16" WEST 35.50 FEET TO THE SOUTHERLY LINE OF SAID LOT 1, BEING A POINT ON A 1365.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 00°22'16" EAST; THENCE 11. WESTERLY 109.96 FEET ALONG THE ARC OF SAID CURVE AND SAID SOUTHERLY LOT LINE THROUGH A CENTRAL ANGLE OF 04°36'57"TO THE BEGINNING OF TANGENT 867.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 06°42' 12" EAST; THENCE 12. WESTERLY 14.96 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°57'20"; THENCE LEAVING THE 2 OF 3 2650 Covenant of Easement EXHIBIT B .doc SOUTHERLY LINE OF SAID LOT 1 13. NORTH 00°00'00" EAST 14. SOUTH 90°00'00" WEST 15. NORTH 00°00'00" EAST 16. WESTERLY 17. NORTH 02°58'13" WEST 163.11 FEET; THENCE 37.07 FEET; THENCE 182.86 FEET TO THE BEGINNING OF A NON- TANGENT 3078.88 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 00°03'39" EAST; THENCE 162.89 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°01 '52"; THENCE NON-TANGENT 82.55 FEET TO THE TRUE POINT OF BEGINNING CONTAINS 2.978 ACRES MORE OR LESS. PREPARED BY: ALTA LIAND SURVEYING, INC. MIGUEL A. MARTINEZ L.S. 7443 LIC. EXP. 06/30/14 DATE 3 OF 3 2650 Covenant of Easement EXHIBIT B .doc EXHIBIT 'B' BENEFITED PROPERTY PR 13-35 COVENANT FOR EASEMENT FOR PRTVATE ACCESS AND PARKING, DRAINAGE, STORM DRAIN FACILITIES, AND BEST MANAGEMENT PRACTICES (BMP) FACILITIES FOR STORM WATER TREATMENT OVER PARCEL 2 FOR THE BENEFIT PARCEL 1 & 3 CITY OF CARLSBAD MINOR SUBDIVISION MS 12-02 THAT PORTION OF LOT 1 OF CARLSBAD TRACT CT 06-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15630, RECORDED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, OCTOBER 11, 2007 AS FILE NO. 2007-0655142 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 OF MS 12- 02: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1, BEING ALSO A POINT ON EASTERLY RIGHT-OF-WAY LINE OF INNOVATION WAY AS SHOWN ON SAID MAP 15630; THENCE ALONG THE WESTERLY LINE OF SAID LOT I AND SAID EASTERLY RIGHT OF WAY 1. NORTH 00°16'30" EAST (NORTH 00°16'45" EAST PER MAP 15630) 2. NORTHERLY 232.35 FEET TO THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE 30.74 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°14'31"; THENCE TANGENT NORTH 04°58'01" WEST 86.48 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE 4. NORTHERLY, NORTHEASTERLY, AND EASTERLY 39.29 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°02'08"; THENCE TANGENT ALONG THE NORTHERLY LINE OF SAID LOT 1, BEING ALSO THE SOUTHERLY RIGHT- OF-WAY LINE OF PALOMAR AIRPORT ROAD AS SHOWN ON SAID MAP 15630 NORTH 85°04'07" EAST 124.32 FEET TO THE BEGEWING OF A TANGENT 2937.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE CONTINUESfG 10F5 2650 Covenant of Easement EXHIBIT B .doc EASTERLY SOUTH 02°58'13"EAST 8. EASTERLY 94.86 FEET ALONG THE ARC OF SAID CURVE, SAID LOT LINE AND RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 01°50'59"; THENCE LEAVING SAID LINE 82.55 FEET TO THE BEGINNING OF A NON- TANGENT 3078.88 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 02°58'13" WEST; THENCE 162.89 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°01'52"; THENCE NON-TANGENT SOUTH 00°00'00" WEST 10. NORTH 90°00'00" EAST 11. SOUTH 00°00'00" WEST 182.86 FEET; THENCE 37.07 FEET; THENCE 163.11 FEET TO THE SOUTHERLY LESTE OF SAID LOT 1, BEING A POINT ON A 897.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 05°44'52" EAST; THENCE 12. WESTERLY AND NORTHWESTERLY 340.30 FEET ALONG THE ARC OF SAID CURVE AND SAID LOT LINE THROUGH A CENTRAL ANGLE OF 21°44'11"; THENCE NON- TANGENT AND CONTINUING ALONG THE SOUTHERLY LINE OF SAID LOT 1 13. NORTH 89°43'33" WEST 100.83 FEET TO THE POINT OF BEGINNING. CONTAINS 3.595 ACRES MORE OR LESS. PARCEL 3 OF MS 12-02: THAT PORTION OF LOT 1 OF CARLSBAD TRACT CT 06-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15630, RECORDED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, OCTOBER 11, 2007 AS FILE NO. 2007-0655142 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, BEING ALSO A POESfT ON EASTERLY RIGHT-OF-WAY LINE OF ESfNOVATION WAY AS SHOWN ON SAID MAP 15630; THENCE ALONG THE WESTERLY LINE OF SAID LOT I AND SAID EASTERLY RIGHT OF WAY 2 OF 5 2650 Covenant of Easement EXHIBIT B .doc NORTH 00°16'30"EAST (NORTH 00°16'45" EAST PER MAP 15630) NORTHERLY 3. NORTH 04°58'0r WEST 232.35 FEET TO THE BEGESfNESfG OF A TANGENT 336.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE 30.74 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05°14'31"; THENCE TANGENT 86.48 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE 4. NORTHERLY, NORTHEASTERLY, AND EASTERLY 5. NORTH 85°04'07" EAST 6. EASTERLY 7. EASTERLY 39.29 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°02'08"; THENCE TANGENT ALONG THE NORTHERLY LINE OF SAID LOT 1, BEING ALSO THE SOUTHERLY RIGHT- OF-WAY LINE OF PALOMAR AIRPORT ROAD AS SHOWN ON SAID MAP 15630 124.32 FEET TO THE BEGINNING OF A TANGENT 2937.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE CONTINUING 565.16 FEET ALONG THE ARC OF SAID CURVE AND SAID LOT LINE AND RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 11°01'31" TO THE TRUE POINT OF BEGINNING; A RADLAL LINE TO SAID POINT BEARS NORTH 06°05'21" EAST; THENCE CONTINUING 217.43 FEET ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY LINE OF LOT 1 TIIROUGH A CENTRAL ANGLE OF 04°14'58" TO THE BEGINNING OF A COMPOUND 2931.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADLAL LINE TO SAID POINT BEARS NORTH 10°19'51" EAST; THENCE 3 OF 5 2650 Covenant of Easement EXHIBIT B .doc 8. EASTERLY 33.78 FEET ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY LINE OF LOT 1 THROUGH A CENTRAL ANGLE OF 00°39'37" TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE LEAVING SAID RIGHT-OF-WAY AND NORTHERLY LOT LINE ALONG THE EAST LESTE OF SAID LOT 1 9. SOUTH 00°00'17" WEST 459.89 FEET TO THE MOST EASTERLY SOUTHEAST CORNER OF SAID LOT 1, BEING ALSO A POINT ON NORTHERLY RIGHT-OF-WAY LINE OF COLT PLACE AS SHOWN ON SAID MAP 15630 AND A POINT ON A 60.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADLAL LINE TO SAID POINT BEARS NORTH 00°00'17" EAST; THENCE 10. WESTERLY AND SOUTHAVESTERLY 59.25 FEET ALONG THE ARC OF SAID CURVE AND SAID SOUTHERLY LOT LINE THROUGH A CENTRAL ANGLE OF 56°34'52" TO THE BEGINNESfG OF NON-TANGENT 419.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LE^E TO SAID POINT BEARS NORTH 53°48'20" EAST; THENCE LEAVE^G SAID COLT PLACE RIGHT-OF-WAY AND CONTESfUESfG ALONG SAID SOUTHERLY LINE OF LOT 1 11. NORTHWESTERLY 78.63 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°44'21"; THENCE CONTESfUESfG TANGENT 12. NORTH 46°55'58"WEST 49.66 FEET ALONG SAID SOUTHERLY LOT LBSfE TO THE BEGINNmG OF NON-TANGENT 1365.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADL\L LINE TO SAID POINT BEARS NORTH 06°07'56" EAST; THENCE 4 OF 5 2650 Covenant of Easement EXHIBIT B .doc 13. WESTERLY 252.22 FEET ALONG THE ARC OF SAID CURVE AND SAID SOUTHERLY LOT LINE THROUGH A CENTRAL ANGLE OF 10°35' 12" TO A POINT, THENCE LEAVESfG SAID SOUTHERLY LESfE OF LOT 1 ALONG A LINE RADLAL TO SAID CURVE 14. NORTH 00°22' 15" EAST 35.50 FEET TO THE BEGBWEsfG OF A NON- TANGENT 1400.50 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LESfE TO SAID POE^T BEARS NORTH 00°22'15" EAST; THENCE 15. EASTERLY 140.82 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°76'12" TO A POEsfT DISTANT 35.50 FEET NORTHERLY. MEASURED ALONG A RADLAL LESfE FROM SAID SOUTHERLY LE^^E OF LOT 1; THENCE NON-TANGENT 16. NORTH 00°00'00" EAST 379.11 FEET TO THE TRUE POINT OF BEGINNEVG CONTAmS 2.628 ACRES MORE OR LESS. PREPARED BY: ALTA LAND SURVEYING, INC. MIGUEL A. MARTINEZ L.S. 7443 LIC. EXP. 06/30/14 DATE 5 OF 5 2650 Covenant of Easement EXHIBIT B .doc EXHIBIT "C" PR 13-35 PLAT FOR COVENANT FOR EASEMENT FOR PRIVATE ACCESS, AND PARKING, DRAINAGE, STORM DRAIN FACIUTIES PURPOSES OVER PARCELS 2 FOR THE BENEFIT OF PARCELS 1 & 3 OF MAP 12-02 LEGEND INDICA TES PRIVA TE ACCESS. PARKING. DRAINAGE. STORM DRAIN FACILITIES. AND BEST MANAGEMENT PRACTICES (BMP) FACIUTIES FOR STORM WATER TREATMENT TO BENEFIT PARCEL 1 & 3 AREA=2.978 AC BENEFITED PARCELS INNOVATION WAY_^^^.55v;r BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CCS 83 (NAD 83) ZONE 6. EPOCH 1999.92 GRID BEARING BETWEEN CITY OF CARLSBAD CONTROL STATIONS CLSB-155 AND CLSB-96 AS SAID STATIONS ARE SHOWN ON RECORD OF SURVEY NO 17271. 0 SCALE: 1" = 150' 75 150 300 PLAT CITY OF CARLSBAD SHEET 1 OF 1 SHEETS APPLICANT: PRIME GROUP CONSTRUCTION PO BOX 800521 SANTA CLARITA, CA 91380 ALTA LAND SURVEYING 9517 GROSSMONT SUMMIT DR LA MESA, CA 91941 PHONE: (619) 579-2582 PR 13-35 A.P.N 213-262-11 PO DATE 06-18-13 MS 12-02 CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT This is to certify that the covenant of easement across and upon real property conveyed by Alps Innovation, LLC, a California limited liability company, dated November 26, 2013, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: December 16, 2013 inger, Administrative>6ecretary (SEAL)