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HomeMy WebLinkAbout; Four-Sher Development Co.; 1995-0314573; Easement,. .I .. ?r)2301 239 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) )I 1, )t RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: ; Carlsbad Municipal Water District ) Engineering Department Carlsbad, California 92008 5950 El Camino Real )\ ! \ SBN DiEGO COUNTY RECORDER'S OFFICE OFFiCiIlL RECURDS GREGORY SRITHr CDUWTY RECORDER FEES: 0.00 NA Recorder's use. Space above this line for Assessor's Parcel No. 212-093-01 Project Name & No. CMWLl Proiect NO. 94-206 Lot 36. 1960 Kelloqq Avenue DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT Board of Directors EASEMENT FOUR-SEER DEVELOPMENT co.. a California qeneral DartnershiD ~~ does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, its successors and assigns, an easement. Purpose: The easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, 1 3/14/91 REV. whether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. /// /// /// /// /// /// /// /// /// /// 2 3/14/91 REV. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit llA1l and Exhibit l1Bl1 attached hereto and by this reference made a part hereof. &.day of 47Lw Executed by the GRANTOR this I GRANTOR: POUR-BEER DEVELOPMENT CO., a California general partnership (name of grantor) By: 1 .L (sibn here) (sign here) DAVE A (title of signatory) . DUFOUR. General Partner APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL By : .. (Notarial acknowledgment of execution by GRANTOR must be attached.) CMWD 94-206 3 3/14/91 REV. . .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person@), or the entity upon behalf of which the Derson(s) acted. executed the instrument. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER " TITLE OR TYPE OF DOCUMENT TITLEIS) 0 LIMITED 0 GENERAL P 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) NUMBER OF PAGES - u GUARDIAN/CONSERVATOR 0 OTHER: 07/5kJ/Pf DATE OF DOCUMENT SIGNER IS REPRESENTING: &"-- SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remrnef Ave.. P.O. Box 7184 - Canoga Park, CA 91309-7184 .. .. 24 3 CERTIFICATION OF ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated y*/& 4-f , from FOUR-SHER DEVELOPMENT CO.. a California aeneral Dartnershlr, to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water District Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. of the Carlsbad Municipal Water District adopted on January 28, 1992, and the grantee consents to recordation thereof by its duly authorized officer. AB- Aletha L. Rautenkranz, Secretary CMWD 94-206 .. EXHIBIT "A" ALL THAT PORTION OF LOT 36 OF CARLSBAD TRACT NO. 81-46, UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A STRIP STATE OF CALIFORNIA, AS PER MAP NO. 11288 RECORDED IN THE OF LAND 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE OF, AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 36, SAID POINT ALSO BEING ON THE EASTERLY RIGHT OF WAY LINE OF KELLOGG AVENUE, THENCE ALONG THE SAID WESTERLY LOT LINE AND RIGHT OF WAY LINE NORTH 9'34'56'' WEST 40.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE NORTH 80'25'04" EAST 120.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH 80O24'04" EAST 174 .OO FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE NORTH 80'25'04'' EAST 50.88 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE NORTH 9"34'56" WEST 234.39 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE NORTH FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E"; THENCE 9'34'56" WEST 255.68 FEET; THENCE SOUTH 80O25'04" WEST 51.50 SOUTH 80°25'04" WEST 250.00 FEET; THENCE SOUTH 9'34'56"EAST 29.14 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; THENCE SOUTH 9'34'56'' EAST 59.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "G"; THENCE SOUTH 9O34'56" EAST 97.00 TERMINATION. FEET; THENCE SOUTH 80°25'04" WEST 30.00 FEET TO A POINT OF THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND LOT LINES. ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE NORTH 9'34'56'' WEST 20.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE SOUTH 9O34'56" EAST 20.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE SOUTH 9O34'56" EAST 40.09 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 36, SAID POINT BEING SOUTH 80'25'04 WEST 81.55 FEET FROM THE SOUTHEAST CORNER OF SAID LOT. PAGE 1 CMWO 94 - 206 BEGINNING AT ABOVE MENTIONED POINT "D"; THENCE NORTH 80O25'04" EAST 55.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "E"; THENCE NORTH 9'34'56" WEST 20.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "F". , THENCE SOUTH LINE OF SAID LOT 36, SAID POINT BEING SOUTH 9'34'56'' 80°25'04" WEST 39.50 FEET TO A POINT ON THE WESTERLY EAST 68.59 FEET FROM THE NORTHWEST CORNER OF SAID LOT. BEGINNING AT ABOVE MENTIONED POINT "G"; THENCE SOUTH 80°25'04" WEST 20.00 FEET TO A POINT OF TERMINATION. SEE EXHIBIT "B" ATTACHED HERETO. Rd 1/3/95 RAMON J. SPeAR L.S. 6404 PAGE 2 CMWO 94 -206 - 040 0 do I 1 I I I I - CALE I"= 80' SPEAR a ASSOCIATES ATE 12-8-94 11U Lu? ?ZIIY8XL=IA ISCOWIW, CILIromIIA 9202s JOE NO. &VIL rnoIyt.pI)Io .- x.um srm~ntc 94 - I59 DWQ NO. RN. D.t? CK.RJ.5. (619)'7J7-7279 (619) 749-1910 CMWD 94-2m r)92302 DOC # 1995-0314574 24-JUL-1995 03-12 PM PLEASE RECORD THIS DOCUMENT AT ) 24 7 .W %€€+Xi COUNTY RECORDER'S OFFICE OF THIS DISTRICT (GOV. CODE [6103]). NO FEE AS IT IS TO THE BENEFIT ) " GREGORY SIIITH~,T[)UHTY RECORDER OFFICIAL RECORDS 1 FEES: 0.00 1 c RECORDING REQUESTED AND WHEN RECORDED, PLEASE MAIL TO Carlsbad Municipal Water District 5950 El Camino Real 1 :: Carlsbad, California 92008 1: ! I 1 ) ;: ) Space above this line for Recorder's use. SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) Lot 36. 1960 Kellwq Avenue. CMWD Prolect No. 94-208 APN: 212-093-01 CMWD 94-206 NOTICE YOUR SECURITY INTEREST IN THE PROPERTY THIS SUBORDINATION AGREEMENT RESULTS IN BECOMING SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO WHICH YOUR SECURITY EFFECT OF REDUCING THE VALUE OF YOUR INSTRUMENT AITACHES AND HAS THE POTENTIAL SECURITY INTEREST. FOUR-SHER DEVELOPMENT COMPANY, a Callfornla partnemhlp. CTrustor/Owner) hereinafter referred to as "Owner," owner. of the land and Sen Dleqo Countv Conatructlon Laborers' Penalon Trust Fund and San Dlego Cement Masons' Penslon Trust Fund (Beneficiary) hereinafter referred to as "Beneficiary"; present owner and holder of the deed of trust hereinafter described; WITNESSETH THAT WHEREAS, FOUR-SHER DEVELOPMENT COMPANY did execute rTrmstnrl , . . " " . , a deed of trust, dated December 12, 19x to Commonwealth Land Title Companv. a Callfornla corporation (Date) (Trustee) as trustee, covering all that Doilon of Lot 36, of Carlsbad Tract No. 81-46 Unit No. 2, In the Cltv of Carlsbad, County of San Dleao. State of Callfornla, according to Map thereof No. 11288. flled In the Omce of the Countv Recorder of sald Countv. being a 15.00 foot wlde easement more particularly 3/23/94 Rev. -.. 24 8 ' .' descrlbed In the attached Exhibit .A' (Brief Legal Description) (See Exhibit "A" & for Detailed bescription) to secure a note in the sum of tour hundred seventv-flve thousand dollars($ 3.475.000.00 ) dated December 12, lQB, in favor of San Dlwo Cement Masons' Pension Trust Fund recorded in the oflice of the County Recorder of San Dlwo County on Januarv 19.1995 , as File No. 19954025509 of Official Records of said county; and three mllllon, San Dlego County Construction (Lien Amount) Laborer's Penalon Trust Fund & (Dated) (Beneficiary) (County) (Date Recorded) (F/P No.) WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated 30 L!/ , in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement Grantee,'creating AMHE EASEMENT/EASEMENTS more particularly described in MHlBlT/MHlBlTS "A' & "B' attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS provided the grant of EASEMENT/EASEMENTS is a charge upon the above described properly prior and superior to the lien or charge of the deed of trust above mentioned and provided that beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the lien or charge of the EASEMENTEASEMENTS created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENTEASEMENTS and Beneficiary is willing that the grant of EASEMENT/EASEMENTS shall, when recorded, constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable Consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said EASEMENT/EASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENT/EASEMENTS in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the properly therein described, prior and superior to the lien or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said EASEMENTIEASEMENTS above 3/23/94 Rev 249 described without this subordination agreement. 3. That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust above mentioned to the EASEMENTIEASEMENTS in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and EASEMENTEASEMENTS hereinbefore specifically described, any prior agreement as to such subordination including, but not limited, those provisions, if any, contained in the deed of trust above mentioned, which provide for the subordination of the lien or charge thereof to another interest in the real properly therein described. BENEFICIARY declares, agrees and acknowledges that: 1. 1 (We) consent to and approve the grant of EASEMENTIEASEMENTS in favor of the Easement Grantee. 2. I (We) intentionally and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the EASEMENTEASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of EASEMENTIEASEMENTS is being executed and delivered, the EASEMENT/EASEMENTS ISIARE being created, and that specific monetary and othar obligations are being and will be entered into by the Easement Grantee, other lenders and title insurance companies which would not be made or entered into but for said reliance upon the subordination; and /I/ Ill Ill /I/ /I/ Ill Ill Ill /I/ I// 3/23/94 Rev 250 3. This agreement represents an endorsement to the note secured by the deed of trust above mentioned that said deed of trust has by this instrument been subordinated to the charge of the EASEMENTEASEMENTS in favor of Easement Grantee above referred to /9- r; Executed by the BENEFICIARY this of GLLy ,1953- day BENEFICIARY SAN DIEGO COUNTY CONSTRUCTION LABORERS PENSIONTRUSTNNDANDSAN (auttorized sihature) hChCJAS 3YLk (name) By: (authorized signature) (name) (title) yc the OWNER this /p - day 9 19% FOUR-SHER DEVELOPMENT COMPANY, a Callfornla general partnership, By : cRs*iL (authorized signature) CHARLES J. SHER (name) BY: (authorized signature) DAVE A. DUFOUR (name) General Partner (title) SECRETARY MUSTSlGNACORPORATEMECUTlONOFTHlSDOCUMENT. ALTERNATELYATRUE COPYOFTHERESOLUTlONOFTHEBOARDOFDlRECTORSTHATISSlGNEDBYTHESECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MAlTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR AlTORNEYS WITH RESPECT THERETO. Approved as to form: Ronald R. Ball, General Counsel NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT CMWD 94-208 (Notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached. 3/23/94 Rev. ,. . ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 25 1 No. 5907 On O?[& before me,*! zs&< Am,&* personally appeared &&s -/ JdEL Aud NAMEIS) -3 OF SIGNERIS) 0 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NdRY PUBLIC' - $$zzK@&4&..7 to be the person(s) whose name(s) islare subscribed to the within instrument and ac- knowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person@), or the entity upon behalf of which the ted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLEE 0 - LIMITED u GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAWCONSERVATOR 0 OTHER SIGNER IS REPRESENTING NAME OF PERSON S OR E TITLE OR TYPE OF DOCUMENT 9 NUMBER OF PAGES DATE OF DOCUMENT SIGNER^) HER THAN NAMED ABOVEHA 01993 NATIONAL NOTARY ASSOCIATION * 8236 Remmef Ave., P.O. Bax 7184 - Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 25 2 No. 5907 before me, /--" NAM TITLE OF OhCER - E.G.. "JANEbOE. NOTARY PUBLIC' personally appeared NAMEIS) OF SIGNERIS) @ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the persono whose namers) islare subscribed to the within instrument and ac- knowledged to me that he/streftkey executed the same in hislkeFCtkeir authorized capacityw), and that by his/Wir signature@) on the instrument the person@), or the entity upon behalf of which the personb) acted, executed the instrument. WITNESS my hand a d official seal. c- SIGNATURE Jd OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCAENT TIlLE(S) 0 PARTNER(S) 0 LIMITED 0 A'TTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAWCONSERVATOR 0 OTHER 0 GENERAL NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAMEOF PERSON(S)OR ENTITYIIES) SIGNER@) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmel Ave., P.O. Box 7184 - Canoga Park CA 91309-7184 .. 'I 25 3 EXHIBIT "A" ALL THAT PORTION OF LOT 36 OF CARLSBAD TRACT NO. 81-46, UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A STRIP STATE OF CALIFORNIA, AS PER MAP NO. 11288 RECORDED IN THE OF LAND 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE OF, AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 36, SAID POINT ALSO BEING ON THE EASTERLY RIGHT OF WAY LINE OF KELLOGG AVENUE, THENCE ALONG THE SAID WESTERLY LOT LINE AND RIGHT OF WAY LINE NORTH 9'34'56'' WEST 40.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE NORTH 80O25'04" EAST 120.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH 80'24'04'' EAST 174.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE NORTH 80O25'04" EAST 50.88 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE NORTH 9'34'56'' WEST 234.39 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE NORTH FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E"; THENCE 9'34'56" WEST 255.68 FEET; THENCE SOUTH 80'25'04'' WEST 51.50 SOUTH 80°25'04" WEST 250.00 FEET; THENCE SOUTH 9'34'56"EAST 29.14 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; THENCE SOUTH 9"34'56" EAST 59.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "G"; THENCE SOUTH 9'34 '56" EAST 97 .OO FEET; THENCE SOUTH 80O25'04" WEST 30.00 FEET TO A POINT OF TERMINATION. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND LOT LINES. ALSO: BEGINNING AT ABOVE MENTIONED POINT "A"; THENCE NORTH 9"34'56" WEST 20.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE SOUTH 9O34'56" EAST 20.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE SOUTH 9'34'56'' EAST 40.09 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 36, SAID POINT BEING SOUTH 80'25'04 WEST 81.55 FEET FROM THE SOUTHEAST CORNER OF SAID LOT. PAGE 1 ,. . . 25 4 BEGINNING AT ABOVE MENTIONED POINT I'D"; THENCE NORTH 80°25'04" EAST 55.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "E"; THENCE NORTH 9'34'56'' WEST 20.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "F"; THENCE SOUTH LINE OF SAID LOT 36, SAID POINT BEING SOUTH 9"34'56" 80°25'04" WEST 39.50 FEET TO A POINT ON THE WESTERLY EAST 68.59 FEET FROM THE NORTHWEST CORNER OF SAID LOT. BEGINNING AT ABOVE MENTIONED POINT "G"; THENCE SOUTH 80O25'04" WEST 20.00 FEET TO A POINT OF TERMINATION. SEE EXHIBIT "B" ATTACHED HERETO. R- 4 ddQ5 RAMON J. SPgAR L.S. 6404 PAGE 2 CMWD 4 4 -206 I 040 0 80 1 . k