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HomeMy WebLinkAbout1983-07-05; City Council; Resolution 7274410 - 83-246828, RECORDING REQUESTED BY ***" SAN DIEGO COUNTY • cJU*~*6 LOCAL AGENCY FORMATION COMMISSION RETURN TO LAFCO CERTIFICATE OF COMPLETION _ A216 . „ 1383m 19 AH II'"Melrose Avenue Reorganization NO FEE Pursuant to Government Code Sections 35350, 54797.2, and 56450, this Certi- ficate is hereby issued. The name of each city and/or district involved in this change of organiza- tion/reorganization, all located within San Diego County, and the type of change of organization ordered for each such city and/or district is as follows: City or District Type of Change of Organization City of Carlsbad Annexation City of San Marcos Detachment San Marcos Fire Protection District Detachment A certified copy of the resolution/ordinance ordering this change of organi- zation/reorganization without an election, or the resolution/ordinance confirming an order for this change of organization/reorganization after confirmation by the voters is. attached hereto and by reference incorporated herein. A legal description and map of the boundaries of the above-cited change of organization/reorganization is included in said resolution. The terms and conditions, if any, of the change of organization/reorganiza- tion are indicated on the attached form. I hereby certify that I have examined the above-cited resolution/ordinance for a change of organization/reorganization, and have found that document to be in compliance with the Commission's resolution approving said change of organization/reorganization. I further certify that (1) resolutions agreeing to accept a negotiated ex- change of property tax revenues for this jurisdictional change, adopted by the local agencies included in the negotiations, have been submitted to this office, or (2) a master property tax exchange agreement pertinent to this jurisdictional change is on file. July 13. 1933 WILLIAM D. DAVIS Date Executive Officer (After recordation, return to LAFCO @ A216) 411 (619) 236-2OI5 • san diego Local agency formation commission I6OO pacific highway • san dlego. ca. 92IOI chairman Dr. Charles W. Hostler Public Member executive officer William 0. Davis counsel Joseph Kase, Jr. (Acting) members J.B. Bennett Councilman, City of Imperial Beach Paul Eckert County Board of Supervisors Paul W. Fordem County Board of Supervisors Marjorie Hersom Alpine Fire Protection District Dell Lake Councilman, City of Lemon Grove Stanley A. Mahr San Marcos County Water District alternate members Alex L. Adams Greater Mountain Empire Resource Conservation District Mike Gotch Councilman, City of San Diego Roger Hedgecock County Board of Supervisors CERTIFICATE RE: TERMS AND CONDITIONS AND INDEBTEDNESS Subject: "Melrose Avenue Reorganization" (City of Carlsbad) (R082-29) Certain terms and conditions are required by the Local Agency Formation Commission to be fulfilled prior to the completion of the above-named change of organization. (Name) do hereby certify that the terms and conditions listed below have been fully met. 1. The boundaries shall be modified to conform to Exhibit "A" attached hereto. Will the affected property be taxed for any existing bonded indebtedness or contractual obligation? yes y no If yes, specify. Date 1 2 3 4 . 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 w RESOLUTION NO. 412( 7274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATED AS THE MELROSE AVENUE REORGANIZATION TO INCLUDE THE DETACHMENT OF SAID PROPERTY FROM THE CITY OF SAN MARCOS AND THE SAN MARCOS FIRE PROTECTION DISTRICT. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the reorganization of territory hereinafter indentified and described as Melrose Avenue Reorganization to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation Commission Reference No. RO 82-29; and WHEREAS, a resolution of the said Local Agency Formation Commission, after a hearing held in the manner required by law, was duly passed and adopted on the 6th day of June 1983, approving the application for annexation of the territory hereinafter described by metes and bounds; and WHEREAS, said resolution provided that said reorganization was approved without notice and hearing and further provided that the City Council of the City of Carlsbad was authorized to annex said territory without notice and hearing by said Council and without an election as provided in California Government Code Section 35151; and WHEREAS, a written petition containing the required signatures and a description of the uninhabited territory hereinafter described has been presented to the Local Agency Formation Commission requesting -reorganization under the Municipal Organization Act of 1977; and the District Reorganization Act of 1965; and 413 WHEREAS, said petition has been signed or consent thereto I has been filed by the owners of ail of the land in the territory o to be annexed; 5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 4 City of Carlsbad, California, as follows: 5 1. That the above recitations are true and correct. /• 2. That said petition contains a description of certain 7 uninhabited territory sought to be included and annexed to the o City of Carlsbad and detached from the City of San Marcos and San Q Marcos Fire Protection District that said petition is signed by the owners of not less than 25% of the land in the territory by area and by assessed value as shown on the latest equalized 12 assessment roll of the County of San Diego, in which county the 13 City of Carlsbad is situated. 3. That the City Council hereby declares that said petition 15 has been signed or consent to the proposed reorganization filed 16 17 18 19 20 21 22 23 24 25 26 27 28 by the owners of all of the land in the territory proposed to be annexed and, therefore, no protests may be filed against the petition by persons owning property in the territory. 4. That the territory proposed to be annexed to the City is uninhabited territory as defined by Section 35038 of the Government Code and is contiguous to the boundaries of the City. 5. That the aforementioned uninhabited territory included in the proposed reorganization is hereby designated and shall hereafter be known as the Melrose Avenue Reorganization. 6. That upon completion of said reorganzation all of the property included therein shall be taxed accordingly with the •J 1 • * 7. That all requirements of law necessary to the adoption c0 of this resolution approving the reorganization of certain ri uninhabited territory pursuant to the provisions of the Municipal Q0 Organization Act of 1977, and the District Reorganization Act of Q* 1965, have been complied with. 10 19 20 414 other property within the City of Carlsbad to pay the bonded indebtedness and any and all general indebtedness of the City of Carlsbad contracted prior to, or existing or outstanding at the time of, the aforesaid proposed annexation of said described property. 8. That it does hereby approve the annexation to the City •^ of Carlsbad and the detachment from the City of San Marcos and 12 San Marcos Fire Protection District of that certain real property 13 located in the County of San Diego, State of California, 15 particularly described on Exhibit "A" attached hereto and made a part hereof. 17A' PASSED, APPROVED AND ADOPTED at a regular meeting 18 °f 14 designated as the Melrose Avenue Reorganzation and more the City Council on the 5th day of July , 1983, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott21 NOES : None 23 ABSENT: None 24 25 /A^UQ, Li. MARY H.</CASLER, Mayor 26 £7 ATTEST: 28 ^ ALETHA L. RAUTENKRANZ, City Clerk. / 4IX STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. KAREN R. KUNDTZ, Deputy1 / , Citv'rTIerk of tilt- City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the- original Resolution #7274 passed and adopted by said City Council, at ....?r®9r~^-^ . meeting thereof, at the time and by the vote therein stated, which original ..Resolution... ..... is now on file in my office: that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this ..8-th. day of July.,...1983 SKAU R082-29 "Melrose Avenue Reorganization" (City of Carlsbad) All those portions of the Southeast Quarter of Section 19, the Northeast Quarter of Section 30, and the Northwest' Quarter of Section 29, Township 12 South, Range 3 West, San Bernardino Meridian, in the County of San Diego, State of California more particularly described as follows: Beginning at the Southwest corner .of Lot 5, Mea'dowlark No. 1 according to Map thereof No. 4443 filed in the Office of the County Recorder of said County; thence the following courses: 1. North 89°34'45" East, 466.27 feet to a point on the arc of a 330-00 foot radius curve concave Northeasterly, a radial line to said point bears South 76°09'35" West; thence . 2. Southeasterly along said curve through a central angle of 16°12'05" a distance of 93.31 feet to a point of reverse curvature with a 25-.00 foot radius curve concave Westerly a radial line through said point bears South 59°57'30" West; thence • 3. Southerly and Southwesterly along said 25.00 foot radius curve through a central angle of 81°05'15" a distance of 35.38 feet to a point on the arc thereof to which a radial line bears South 38°57'15" East; thence leaving said curve along the Southeasterly prolongation of said radial line 4.' South 38°57'15" East, 60.00 feet; thence leaving the boundary of said Meadowlark No. 1 5. South 51°02'45" West, 100.93 feet to the beginning of a tangent 25.00 foot radius curve concave Easterly; thence 6. .Southerly and Southeasterly along the arc of said curve through a central angle of 90°00'00" a distance of 39.27 feet; thence tangent to said curve 7. South 38°57'15" East, 110.55 feet to the beginning of a tangent 170.00 foot radius curve concave Northeasterly; thence 8. Southeasterly along the arc of said curve through a central angle of 16°23'33" a distance of 48.64 feet; thence tangent to said curve ' . 9. South 55°20'48" East, 50.00 feet to the beginning of a tangent 230.00 foot radius curve concave Southwesterly; thence 10. Southeasterly along the arc of said- curve through a central . ' angle of 45°40'03"-a distance of 183.32 feet; thence tangent to said curve 11. -South 9°40'45" East, 165.00 feet to-the beginning of a tangent 50.00 foot radius curve concave Northeasterly; thence EXHIBIT "A" • ' . • . ' Page 1 of 3 ' • . '•••' w• . ..jUo 417 R082-29 .12. -Southeasterly along the arc of said curve through a central angle of 36°52.'10" a distance of 32.17 feet to a point of reverse curvature with a 50.00 foot radius'curve concave Northwesterly, a radial line thorugh said point bears South 43°27'05" West; thence along the arc of the afore- mentioned curve 13. Southerly and Southwesterly through a central angle of 126° 52'lO"a distance of 110.71 feet; thence leaving said curve along a non-tangent line 14. South 9°40'45" East, 6.85 feet; thence . 15. North 89°55VOO" West to the Easterly line of land described in deed to John R. Young, et ux, recorded May 5, 1959 as File No. 89567 in the office of the County Recorder of said County; 15a. Thence Northerly along the East line..of said Young's land to the Northeast corner thereof; 16. Thence North 89°30'38" West 110.00 feet more or less to the Northwest corner of said Young's land; .17. Thence South 9°04'23" East 100.00 feet more or less to the Southwest corner of said Young's land; 18. South 89°30T38" East, 137.89 feet, more or less; thence 19. South 2602.9'00" East, 54.61 feet to the beginning of a tangent 100.00 foot radius curve concave Southwesterly; thence 20. .Southeasterly along the arc of said curve through a central angle of 20°44'00" a distance of 36.19 feet; thence tangent to said curve 21. South 5°45'00" East, 303.34 feet; thence 22. South 89055'00" East, 491.22 feet, more or less, to an inter- section with the Westerly R/W line of San Diego County Road Survey No. 454 (Rancho Santa Fe Road) as shown on map on file in the "Office of the County Engineer of said County; thence along said Westerly right of way line «• 23. South 0°32'16" West, 50-00 feet, to the Southeasterly point of cusp of a 20.00 foot radius curve concave Southwesterly, a radial line to said point bears South 89°27'44" East; thence 24.- Northwesterly along the arc of said curve through a central angle of 90°00'00" a distance of 31.42 feet; thence tangent 'to said curve EXHIBIT "A" . . . .'•- Page 2 of 3 ' ' ; R082-29 " 418 25. North 89°27'44" West, 27.5.00 feet; thence 26. South 0°32'16" West, 210.00 feet; thence 27. South 89°27'44" East, 60.00 feet; thence 28. South 0°32'16" West, 210.00 feet; thence 29.' "South 89°27'44" East, 235.00 feet, more or less, to an •intersection with the Westerly right of way of the above- mentioned San Diego County Road Survey No. 454; thence along said Westerly right of way 30. South 0°32I16" West, 830.70 feet to the beginning of a tangent 830.00 foot radius curve concave Northeasterly; thence 31. Southeasterly along the arc of said curve through a central angle of 5°18'43" a distance of 76.95 feet to a point, a radial to said point bears South 85°13'33" West, said point also being on the East right of way..line of the proposed Melrose Avenue; thence continuing along said proposed right of way 32. South 35°25'44" East, 1599.78 feet to the East-West center- line of said Section 29, thence '33. North 89024'31" West, 155.78 feet along the East-West center- • line 'of said Section 29 to the West right of way line of the proposed Melrose Avenue; thence 34. North 35°25'44" West, 2720.89 feet along said West, right of way line, to the beginning of a tangent 3263 foot radius curve concave Northeasterly; thence . 35. Northwesterly along the arc of said curve through a central angle of 17°35'14" a distance of 1001.59 feet; thence tangent to said curve 36. .North 17°50'30" West, 868.86 feet; thence leaving the West right of way line of the proposed Melrose Avenue and proceeding • 37. South 89°46'10" East, 248.59 feet; thence 38. North 0*19'52" West, 49.37 feet to the. Point of Beginning. Said parcel contains 42.7 acres more or less Approved by the Local Agoncy Formation 6/0/0-1 Commission ot San Diego dhriw ' • MUN- 61983 .At Executive Officer of said Commission ~) EXHIBIT "A"1 ' ' ' Paac 3 of; 3 - . • . v;.v*v:ii*-P.O.B.'-v^-^ w<) 419 •MEADOWLARK N" MAP 4443 o C T. r' Approved by the Local Agency Formation Commission of San Diego JUN 61983 Executive Officer of said Commission •s& OR. 10-15-82 ;ALE;400' .A. PAGE:67-1 - -HAWN Of: . MAPPING DIVISION SAN DIEGO COUNTY ASSESSOR'S OFFICE MELROSE AVENUE REORGANIZATION ANNEXATION TO CITY OF CARLSBAD DETACHMENT FROM CITY OF SAN MARCOS LAFCO:RQ 42.70 AC. THOMAS BROS: pn n ./I .a "t 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 1: It 1: 1I 1$ 2( 2: 2; 2: 21 21 2( 2' 24 0 RESOLUTION NO. 7274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATED AS THE MELROSE AVENUE REORGANIZATION TO INCLUDE THE DETACHMENT OF SAID PROPERTY FROM THE CITY OF SAN MARCOS AND THE SAN MARCOS FIRE PROTECTION DISTRICT. WHEREAS, an application for approval of a proposal for the initiation of proceedings for the reorganization of territory iereinafter indentified and described as Melrose Avenue Xeorganization to the City of Carlsbad, County of San Diego, State of California, was filed with the Local Agency Formation :ommission Reference No. RO 82-29; and WHEREAS, a resolution of the said Local Agency Formation Zommission, after a hearing held in the manner required by law, was duly passed and adopted on the 6th day of June 1983, approving the application for annexation of the territory hereinafter described by metes and bounds; and WHEREAS, said resolution provided that said reorganization was approved without notice and hearing and further provided that the City Council of the City of Carlsbad was authorized to annex said territory without notice and hearing by said Council and without an election as provided in California Government Code Section 35151; and WHEREAS, a written petition containing the required signatures and a description of the uninhabited territory hereinafter described has been presented to the Local Agency Formation Commission requesting reorganization under the Municipal Organization Act of 1977; and the District Reorganization Act of 1965; and 2 .. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, said petition has been signed or consent thereto has been filed by the owners of all of the land in the territory to be annexed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That said petition contains a description of certain uninhabited territory sought to be included and annexed to the City of Carlsbad and detached from the City of San Marcos and San Marcos Fire Protection District that said petition is signed by the owners of not less than 25% of the land in the territory by area and by assessed value as shown on the latest equalized assessment roll of the County of San Diego, in which county the City of Carlsbad is situated. 3. That the City Council hereby declares that said petition has been signed or consent to the proposed reorganization filed by the owners of all of the land in the territory proposed to be annexed and, therefore, no protests may be filed against the petition by persons owning property in the territory. 4. That the territory proposed to be annexed to the City is uninhabited territory as defined by Section 35038 of the Government Code and is contiguous to the boundaries of the City. 5. That the aforementioned uninhabited territory included in the proposed reorganization is hereby designated and shall hereafter be known as the Melrose Avenue Reorganization. 6. That upon completion of said reorganzation all of the property included therein shall be taxed accordingly with the .' 1 2 2 4 F c. E 7 E s 1c 11 12 12 14 1E 1E 11 1E 19 2c 21 22 23 24 25 26 27 28 other property within the City of Carlsbad to pay the bonded indebtedness and any and all general indebtedness of the City of Carlsbad contracted prior to, or existing or outstanding at the time of, the aforesaid proposed annexation of said described property. 7. That all requirements of law necessary to the adoption of this resolution approving the reorganization of certain uninhabited territory pursuant to the provisions of the Municipal Organization Act of 1977, and the District Reorganization Act of 1965, have been complied with. 8. That it does hereby approve the annexation to the City of Carlsbad and the detachment from the City of San Marcos and San Marcos Fire Protection District of that certain real property located in the County of San Diego, State of California, designated as the Melrose Avenue Reorganzation and more particularly described on Exhibit "A" attached hereto and made a part hereof. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 5th day of July , 1983, by the following vote, to wit: AYES : COUnCi-1 P"tberS CaSler, -SI KulChb, Chick arad Prescott NOES : None ABSENT: Nom? 7fLhy!dL MARY H CASLER, Mayor ATTEST : RO82-29 "Melrose Avenue Reorganization" (City of Carlsbad) All those portions of the Southeast Quarter of Section 19, the Northeast Quarter of Section 30, and the Northwest. Quarter of Section 29, Township 12 South, Eange 3 West, San Bernardino Meridian, in the County of San Diego, State of California more particularly described as follows:. Beginning at the Southwest corner..of Lot 5, Mea'dowlark No. 1 according to Map thereof No. 4443 filed in the Office of the County Recorder of said County; thence the following courses: I. North 89O34'45" East, 466.27 feet to a point on the arc of a 330.00 foot radius curve concave Northeasterly, a radial line to said point bears South 76O09'35" West; thence 2- Southeasterly along said curve through a central angle of 16°12'05" a distance of 93.31 feet to a point of reverse curvature with a 25-00 foot radius curve concave Westerly a radial line through said point bears South 59'57'30" West; thence L 3. Southerly and Southwesterly along said 25.00 foot radius curve through a central angle of 81'05'15" a distance of 35.38 feet to a point on the arc thereof to which a radial line bears South 38'57'15" East; thence leaving said curve along the Southeasterly prolongation of said radial line 4.' South 38O57'15" East, 60.00 feet; thence leaving the boundary of said Meadowlark No. 1 5. South 51O02'45" West, 100.93 feet to the beginning of a tangent 25-00 foot radius curve concave Easterly; thence 6. Southerly and Southeasterly along the arc of said curve through a central angle of 90°00'OO" a distance of 39.27 feet; thence tangent to said curve 7. South 38'57'15" East, 110.55 feet to the beginning of a - tangent 170.00 foot radius curve concave Northeasterly; thence 8. Southeasterly along the arc of said curve through a central angle of 16'23'33" a distance of 48.64 feet: thence tangent to said curve 9. South 55"20'48" East, 50.00 feet to the beginning of a tangent 230.00 foot radius curve concave Southwesterly; thence 1.0. Southeasterly along the arc of said curve through a central angle of 4S040'03"*a distance of 183,32 feet; thence tangent to said curve '11. South 9O40'45" East, 165.00 feet to-the beginning of a tangent 50.00 foot radi:ls curve concave Northeasterly; thence EXIIlBIT "A" Page 1 of 3 %' - R08 2- 1.2. ' 13. 14. 15. 15a. 16 .17. 18. 19. 20. 21 22. 23. 24. -29 Southeasterly along the arc of said curve through a central angle of 3G052'10" a distance of 32.17 fee,t to a point of reverse curvature with a 50.00 foot radius cu- &ve concave Northwesterly, a radial line thorugh said point bears South 43"27'05" West; thence along the arc of the afore- mentioned curve Southerly and Southwesterly through a central angle of 12G0 52'10''a .distance of 110.71 feet; thence leaving said curve along a Eon-tangent line North 89OS5'00" West to the Easter,ly line of land described in deed to John R. Young, et ux, recorded May 5, 1959 as File No. 89.56'7 in the office of the County Recorder of said County; Thence Northerly along the East 1ine.of said Young's land to the Northeast corner thereof; Thence North 89°30'38" West l10.00 feet more or Less to the Northwest corner of said Young's land; Thence South 9O04'23" East 100.00 feet more or less to the Southwest corner of said Young's land; South 89O30'38" East, 137.89 feet, more or less; thence South 26"29'00" Cast, 54.61 feet to the beginning of a tangent 100.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 20'44'00" a distance of 36.19 feet; thence tangent to said curve South 5O45'00" East, 303.34 feet; thence South 89°55'00" East., 491.22 feet, more or less, section with the Westerly R/W line of San Diego County Road Survey No. 454 (Rancho Santa Fe Road) as shown on nap on file in the'office of the County Engineer of said County; thence along said Westerly right of way line South 0*32'16" West, 50.00 feet, to the Southeasterly point of cusp of a 20.00 foot radius curve concave Southwesterly, a radial line to said point bears South 89O27'44" to an inter- *- East; thence Northwestcrly along the arc of said curve through a central angle of 90°00'OO" a distance of 31.42 feet; thence tangent to said curve EXIII131T "A" Page 2 of 3 ' .. :. RO82-29 25. North 89'27'44'West, 27.5.00 feet; thence . 26. South O"32'16" West, 210.00 feet; thence 27. South 89O27'44" East, 60.00 feet; thence 28. South O"32'16" West, 210.00 feet; thence 29. South 89"27'44" East, 235.00 feet, more or less, to an intersection with the Westerly right of way of the above- mentioned San Diego County Road Survey No. 454; thence along said Xesterly right of way 30. South 0°32'16" West, 830.70 feet to the beginning of a tangent 830.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 5"18'43" a distance of 76.95 feet to a point, a radial to said point bears South 85'13'33" West, said point also being on the East right of way,line of the proposed Melrose Avenue; thence continuing along said proposed right of way 31. 32. South 35O25'44" East, 1599.78 feet to the East-West center- line of said Section 29, thence 33. North 89"24'31" West, 155.78 feet along the East-West center- line of skid Section 29 to the West right of way line of the proposed Melrose Avenue; thence 34. North 35"25'44" West, 2720.85 feet along said West right of way line, to the beginning of a tangent 3263 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 17O35'14" a distance of 1001.59 feet; thence tangent to said curve 35. 36. North 17°50'30" Kest, 868.86 feet; thence leaving the West right of way line of the proposed Melrose Avenue and proceeding 37. South 89"46'10" East, 248.59 feet; thence 38. North OO19'52" West, 49.37 feet to the Point of Beginning. 4. Said parcel contains 42.7 acres more or 'less 6/8/53 dh:iw Approved by the Local Agency Formefin Commission of bn Diago 'SUN' 61983 7 82-29 --- 10-15-82 I MAPPING DlVfSlON 3ATE : SAN DIEGO COUNTY ASs&SsoR’S OFFICE AREA: 7. I?. A. PAGE : MELROSE AVENUE REORGAN I ZATION ANNEXATION TO CITY OF CARLSBAD 223-2&3 ZRAWN Rr‘: np /A/ DETACHMENT FROM CITY OF ShN MARCOS THOMAS BROS: 20-0 -4