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HomeMy WebLinkAboutAGENDA REPORT 2002 0904 CC REG ITEM 11KITEM 11. K . w1oftoft A? ffo t4ar" at9 � t) MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and City Council FROM: Walter Brown, City Engineer DATE: August 29, 2002 (CC Meeting of September 4, 2002) SUBJECT: Approve Final Map Tract 5321 and Associated Documents. BACKGROUND The Honorable City Council conditionally approved Vesting Tentative Map (VTTM) 5321, Zelman Development Co., in resolution 2002 -1952 on March 20, 2002. The VTTM was approved concurrently with Commercial Planned Development (CPD) 2001 -01. The property being divided is lot 1 of Tract 4973. The subdivision is bounded on the west by Miller Parkway, the north by New Los Angeles Avenue (SR -118) and on the east by State Route 23. The site was partially graded during the development of Tract 4973. The present property owners are Carlsberg Investment Co., Carlsberg California Properties, LLC and Moorpark Freeway Properties, Ltd. DISCUSSION Zelman Development Co., the subdivider, has submitted a Final Map for Tract 5321 and requested that the City Council approve recordation of the Final Map. The Final Map has been signed by the current property owners. The subdivision consists of 28.99 acres divided into eight lots ranging in size from 0.71 acres to 9.61 acres. The Final Map contains irrevocable offers of dedication from the developer to the City of easements for: streets, ingress and egress control, access for public service, public utility, public transit and landscaping. One of the conditions of approval for the final map is for the developer to execute a Hold - Harmless agreement to protect the City from the consequences of inadequacy or failure of the stormwater pollution control facilities installed by the developer. The developer has executed such an agreement. The City Engineer has C Agenda Report Amended Tract Map 5321 August 29, 2002 Page 2 concluded that the Final map is technically correct and the Community Development Director and the City Engineer have concluded that all provisions of the Subdivision Map Act of the State of California and all provisions of Local Ordinances have been met. Not all conditions of approval have been satisfied as of the time of preparation of this agenda report. The City Engineer will be prepared to state to the Honorable City Council that all conditions of approval have either been met, or not been met, and that the Final Map is in substantial conformance with the conditionally approved tentative map, during the staff presentation on September 4, 2002. The bonds shown in Table 1, Performance Securities, have been received: Table 1 Perfnrmance Securities f Bond & Bonding Company Bond Bond Amount Work Bonded Number Grading Travelers Casualty and 1 03849584 $390,888.00 ffe Surety Company of America ents with Travelers Casualty and 103849585 $290,089.00 Grading Surety Company of America ding Travelers Casualty and 103849586 $409,177.00 Surety Company of America Improvements in `A' Travelers Casualty and 103849609 $112,287.00 Street Surety Company of America Improvements Travelers Casualty and 103849610 $1,437,304.00 Surety Company of America Improvements in Travelers Casualty and 103849606 $273,720.50 Caltrans Right of Surety Company of America Way (this bond secures Caltrans' interests. The City is not a secured party) Monumentation Travelers Casualty and 103849591 $13,061.43 Surety Company of America Agenda Report Amended Tract Map 5321 August 29, 2002 Page 3 The street name for the entry into the project requested by the developer and approved by the Ventura County Fire Protection District is "Marketplace ". Conditions of approval numbers 76 through 86 for Vesting Tentative Tract Map 5321 pertain to National Pollutant Discharge Elimination System (NPDES) requirements. Condition of approval number 85.f requires, "....that "passive" devices and BMP's be used to comply with NPDES water quality requirements. The Developer shall provide the City with a Maintenance Program for such devices. The Operation and Easement Agreement shall include a requirement that the Developer /Property Owner(s) shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program." The NPDES facilities shown on the vesting tentative map conceptually satisfied the "passive" requirements of condition 85.f. Subsequent to the approval of the vesting tentative map, the developer requested the approval of enhanced clarifier tanks, polymer adsorbents and diatomaceous earth filter packs to meet the Best Management Practices (BMP) goals. These types of BMP are not "passive ", and require frequent maintenance. Literature produced by the manufacturers of the developer proposed "active" BMP have been provided by the developer and reviewed by the City Engineer. The literature provided by the developer claims that the equipment proposed by the developer will meet BMP goals when maintained rigorously. The City Engineer concludes that the Developer's proposal meets the intent of the conditions of approval when positive mechanisms are put in place to assure frequent and competent maintenance of the BMP devices proposed by the developer. The developer has executed agreements to assure frequent and competent maintenance of the BMP devices and to protect the City from potential damages, fines and levies that may result, or be imposed, as the result of approval of facilities that do not, in their aggregate, meet the definition of "best management practices ". Agenda Report Amended Tract Map 5321 August 29, 2002 Page 4 STAFF RECODMNDATION Staff recommends that the Honorable City Council: 1. Accept the offers of dedication on the Final Map; and 2. Direct the Mayor and the City Clerk to sign the Final Map and direct the City Clerk to cause the recordation of the Final Map for VTTM 5321; and 3. Authorize the City Manager to sign, and direct the City Clerk to record the `Hold Harmless Agreement - National Pollutant Discharge Elimination System ". VYHTRTTS The following exhibits are attached to this agenda report: 1. Location Map 2. Reduced copy of Final Map (Without Signatures) 3. Hold Harmless Agreement - National Pollutant Discharge Elimination System. OWNER'S CERTIFICATE TIE UIDFRSIONPD HDI®Y CERTIFY THAT THEY ARE ME OWNERS OF TIE LAND INCIIOFD �iHls SUBdNSON ENntLED tRACi Na B3z1, sHOVN dN tws MAR, n+A�rgTEEr ARE T1Er Y PERSroSTMTWp9E�WpI�M� AC� sA1o�MMAP AND 91B�DIN90NA3 Ar 910WN THIN 7HE EXIDBOR BOUNDARY LINE AND THAT THEY DO HOURY WENOCABLY OFFER TO DEDICATE TO THE CITY OF MOORPARK FOR PUMJC USE. THE I6a1T-0F -'MAY FOR VIUER PAWWAY AND STREET 'K AS 94004 ON THE MAP WAY 71EY AL50 DO HEREBY EtlEVOPABLY DEFER ro DEDICATE TO THE air Y 4oORPARK ALL RI OF NW-11 A ET>E35 ONiR AND AWOSS RIE NAY LINE OF LOT 1 ABUTTING IAKIFR P AY AND IRIS NORTHERLY UK OF LOTS 1 AMD 4 T1IRDUGN 6 ABUTTNO NEW tns ANDNLE N ORDDt 1RATMEITEEBR OF 5AIo LOTS SHALL HAVE NO AWES OF MHATSOEVFR TD SAD AY Alp 48.1 pO�F5 AN4RUE'. DPPTYT 111E OFNERAL PoOHT -OF- TRAVEL WHICN BEOLC TO ANp n,& HE �� HERESY IREWCABLY OFFER TO DEDICATE ro TEE ax OF 4OaEP EASEMENT OVER LOTS 1 THROUGH B FOR PUBLIC SERVTE, PUBLIC UTILITY. PUBLIC 7RANSl�ECYWT A�Eyq FOR 71EE PURPOSES T) TIE LOT LASING BY TTHHIES Wp a�TTaDTHEN. T AND WTUAL AOlae35 BETWE>71 EACH LOT CRFATn AND THAT THEY ALSO DO IRPEVOa1BLr OFFER ro DEW-ATE ro 71E CITY OF MODRPARIC, A LANDSCAPE EA CENT FOR MMITAIT♦YNG ALL F LIADNTDBCAMDJNAO M IRE -OOFFn;P � THE STR0f%CTAG l I f PARKWAY. 70 TIE AND THAT 7HHET' ALSO D0 IQEBY I= THE NREVOCAB E RIGHT OVER LOTS i THROUGH a;w.." FaESIItFAaE DRAINAGE T7 AND fROA ADJOINING LOTS AND TE RIGHT ro PROHIBIT PR Y mNTEnNO 157 RICTUS THAT LL NTERFEIE W. BAD DRAINAGE Alp THAT THEY ALSO Do HHL7ERBYWGRANT THE IRREVOCABLE PoC1r ro ALLOW ORANAOE .AnOTEN.4 WHERE THE FASDIDITYE fA= IE]tE0I11 BUt9'SMr. SO�iInETtlr LOT LINES Ct INVESTORS A CAL ORMA CORAL PARTNERSHIP OM AA =. %P l"ARICaNL7R9EP� ITS 004ERAL DATED; BY., BARBARA H. CARLSBERG pROppfIE$, GENERAL PARTNER Sr PCAIiDPoGAIIABHITY COAPAIIY. DATED: Br: PALL A PR6ODNTU�M SAM MoORPARK FREEWAY PRoPSRTIE$ LTD. A CALIFORNIA LIMITED PNRTH O S IP BY: �DDAU TTOI4 ME GENERAL PARTNER DAIF]k or PAUL J. ONNTINI PRESIDENT NOTARY ACKNOWLEDGMENT (PRINT NAME] STATE OF CAUPoRNA) S d)ONn OF VENTURA) DN THIS _ DAY OF A ARY PI191C N IN THE AND VR SAID STALE, PI PEEORySFONAILY ME 04 E BASS OF SAlI5FAC10RI EVLEDE) ) E PERSON 0. WARE IS SUBSCRIBED TD THIS NSTRUMER. AND ACKNalA19OED THAT IE (SHE) DEWTED It (SUNATLUE) `p NOTARY PKSUc R NOTARY ACKNOWLEDGMENT 4', (PRINT NAME) STATE OF CALIFORNIA) S 2 COUNTY OF NENRUURA) F. ON THIS — DAY OF N THE YEAR BIFCM ME APPEARED A�� PERSONMLN YNHDO(DWN TD ME (OR PROVED mY ME ON THE BASS DF SATISFACTO1lY ENDFNCE) To 11 TE PERSON WHOg NAEE IS SUBSCRIBED ro THIS INSTRUMENT. AND AaKNO0DGED THAT HE (SHE) DMTED-IT. (ATURE) NOTARY PUDIC SN CITY ENGINEER'S CERTIFICATE I HORESY CERTIFY THAT I HAVE DKHMNED THE FlNAL (AIM D(nnID TRACT NO. 8321, 1 AT THE SUBDIVISION R SUBSTANTIALLY THE SAME AS R APPEARED ON THE TENTATIVE MAP AND APPROVED ALTERATIONS TEAEOF, THAT ALL PROVISIONS OF THE SIBONSNIN AR ACf OF THE 5TATE-OF CMIFORNIA AND OF. ANY LOCAL �AHO� APPLICABLE T THE E OF APPROVAL OF THE TNTAl WP HAVE BEEN �aC0AhL1ED NTH AND THAT I AM SATSi1FD THAT TIE MAP LS 1EOHNCALLY CORECT. DAIFD: 2002 AL71A BRpDO l/P2l(yp64334 CITY MO RPA K IN BIiNESS BCOY RThPHO1EE R A1MTAE OF A, A S D D do m SAID CITL E H IaSS x C AdUFSRED K OTIB' S S AGED R dTE1IY G ATEID : ro TH E E SIGNED ARK ro E AFiNED FHDETO TRIP _DAY OF 2002 ATTEST DFDORAH S TRAFFENSIED PATIW* HUNTER a WA OF T OORPAW OF6ATN CITY CITY COUNTY CERTIFICATE 1 HERESY COMFY DTHAT 5AeLLL CORTFICAIES AND 3ECUPott RE X HNaR IRE FSfD AND DEPOSITED WEIH IA6 AND GW3 OF THE SADIN9oN MAP ACT HAVE BFFN DATE 2002 COUNTY ENTURA OF SUPERVISORS T BY (MBNT NAME DEPUTY COUNTY MM COUNTY RECORDER'S CERTIFICATE F11ID THIS _ DAY OF 1 2T002. AT _ M N BOOK REORES REOIlFST Ci THE OWNERS AM SSBMA40 AAPoK AY APR0 RTE% 01) ROBERT L H" CONTY OF VENT M BY (PRINT NAME) DEPUTY CWNTY REORDER SIGNATURE OMISSIONS THE SIONAMES OF THE FOUDWING EASE14FM HOLDERS HAVE KEN OMITTED UNDER THE PROVISIONS OF SfECTQ) BE4'JB (ax3XAxl -yh aF IRIS suBDryl9ON MAP ACT AS THEIR NTFAFST IS SUCH THAT R CANNO1i RIPER INTO A FEE TIRE AND SAL SIGNATURES ARE Not RFANRED BY TE ItUCAL ORDINARCE. 1. STATE OF OAL� PESENT OVUINERS OF AN EASEMENT FOR INGRESS AND EOIEBS PER OOdA�1(T REOORaD F ®RUA $ 1146 As NSRBI FNT Ip, 06- 0133B4. OFFICIAL RECORDS. 2 r N73 PRE— CpDFO N BOG( SPAOFOESAR OD OF FIR y, AOE PER S RrRESS LANo co1aANY. PR SENT OWNERS OF AN E/15EMENT PER DOCUMENT RECORDED MARCH 3L 1099 AS DadA,ENT N0. 00- 12728, aEFTC1AL RECORDS BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE DAM ON THE NORTHERLY UHE OF LOT 1 OF TRACT Na�17; BFNO NORTH 64lff11• EAST PER MAP FILES N BOOK 130. PAGES 61-62 OF YAPS N TE OFFICE OF TE COUNTY RECOFDFR OF VETNFLIRA CWNn. REFERENCE NOTES R1 TRACT Na 4073 RECOROM IN BOOK 130 WA 61-62 MONUMENT SYMBOLS 0 NDICAIES,SEARdEa FOUND NOTHING 0 NCCATES FOUND MONUMENT AS NOTED ■ BpICAIES SE7 Y IRON PIPE, 16' LONG. TAGGED LS 7036. INIRCAIFS Er 1' IRON PIPE TAGGED 'LS 7036'. ® SEDATES ET Y IRON PEE. 1S' LONG. TAGGED 'LS 7OW N STD. WELL MONUMENT. MONUMENT NOTES O SEARCHED. FOUND WTHI G O FO �� PIPE 6TAWm'RCE 26362' PER R1, RIM N DIRT. ACCEPTED O Al'AEPTD As T 'ROE 263bz' PER M. FLUSH N CONCRETE OORHOL V F'OIIID VIAL !TAO STAMPED'RE 26362' PER RI. FWSH N A.G. PAVEWNT, MxFPiFD AS ODRIIFR• © FpUlp if A FAQ(! TAO. STAMPED 'TICS 20"0*W PER LO FLUSH 2 OF N CDI a 4 SDEWAl14 AOCEPFED As MOST (ICRTEEE6 -r CODiER OF LOT 2 OF TRACT Na 4175 O FOND PED PIPE STAM IRE 26762' PER M. DR. 0.7 N DIRT. ACCEP70 O7 Ad 1Hp Y� PIPE STAMM'RCE 26762' PER IN. OK G.1' N DIRT, AOCFP70 EASEMENT NOTES DµGOA�T�EWRDFD FE9 LIAR 1iM AMOW"04EO�I.S�R SOP PURPOSES OFFICIAL ECORDS Q AN OWING EASEMENT FOl STORM atAN. WA RBIETI 1 Atp SIpEWALI( PURPOSES ro THE (TTY OF OORPARK AS lID PER IRUDY N4 K73 RECORDO N BOOK 130. PAGE ro - 62 OF A►S © �EEj7NAIN�7N5,GM EASFMDD(F1 To cT�SRESS� No0. 9*- PER AD DOCUMENT DOOAEI(T N0�29- 6227724, ,BBOTKF OFFTaALE ECORD7sgY6ARCH 3T. 1964 As SURVEYOR'S CERTIFICATE THIS MAP WAS ARED BY ME OR UNDER W DIRECTION AND IS BABED.UPoN A� � WRH OFOFOI�IRF1p111N�T3 THE SIBONORP MAPFAEEWAY � LTD. N 2002 1 HEIETY STATE THAT THIS IFNALOONPMK� �Y S 70 THE OpENd Y APPROVED iENTAIIVE YAP I ALSp iM1AAHF7P1mP Y STALE THAT THE SURVEY IS 1RlE AM�EiE AS SIOWt� THAT THE I�ONUEENTS ARE OF THE CHARACTER ARID OCCUPY THE POSITIONS INDICATE) (OR WILL E SET N SUCH POSITIONS WITHIN ONE YEAR AFTER RECORDATION OF THIS TRACT MAP) AND THAT THEY ARE (at WKL Ns 7036 'YO " Da 61/36A2 " Bq SRFICW TO ENABLE THE SURVEY ro E RETRACED. �7 CAI@ 2002 WARREN JL Ply 7033 OF CAU EDGE'. 04/31/2002 SHEET 1 OF 2 SHEETS SOILS REPORT A SOILS REPORT HAS BEEN PREPARE FOR TARS SUBDIVISION BY KLK L SHELLER EE 2642( AND SAY Al EA�S+TM�A�N LEO 423 OF OHWE9TIEIgg IABORA*TORESTIE OF MDDRPNO EIO'2040 DTFARTIlNT. ACCEPTANCE OF CONDITIONS OODITIONS OF APPROVAL E1 7N IPD PERMYT MINa 2001 -01 AND VESTING TENT TIyE� MAP Na BE THIS APRioVD BY FINE aTY OF MOOS6'ARK PFR REillTN7N H a 2002 -1982. TRACT N0. 5321 BEING A SUBDIVISION OF LOT 1 OF TRACT NO. 4973, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 130, PAGES 59 TO 62 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PREPARED BY. DEVELOPMENT RESOURCE CONSULTANTS, INC. 8176 E KAISER BLVD. ANAHEIM HILLS, CA 92808 (714) 686 -6860 DATE OF SURVEY MARCH, 2002 s- ;s `o �g ALL IOWiS OF WORE4 ANI Ed1E55 I Ih.IA PA1af,�AY occfrr ne m1fAA� aarr- or -mA�¢ N�wx�y.1�vs ro� me m�xa Punic Al1E omiG7En m 7xe atY 110gIPARK R I VD 21s1.zYr12'sP�l i �zTm° a - ;:im �z r-1 o �aa _ 5 cZCO � r m �LLIG��LR����L� movz' ;u z m I'll, '. LI�i�IC���������`.`1Ci _ "• : 860��� B IG�� B08 L���i�L��Lr 880800 06 B BB BB08B�8B OEM ALL IOWiS OF WORE4 ANI Ed1E55 I Ih.IA PA1af,�AY occfrr ne m1fAA� aarr- or -mA�¢ N�wx�y.1�vs ro� me m�xa Punic Al1E omiG7En m 7xe atY 110gIPARK R I VD 21s1.zYr12'sP�l i �zTm° a - ;:im �z r-1 o �aa _ 5 cZCO � r m movz' ;u z m I'll, II N D °orb. z n N O 0 C ow / n cn �V Lf !) D 'rZ v N 5�N m D n �:� m m LOT 2 TRACT NO. 4973 i-in Up FQ —Rg MOORPARK FREEWAY HIGHWAY 23 too� g� q �y A 8�I Ig p /ib I 'SCIENCE j DRIVE 13ir I l YARES 4 � �AW, ZI e ' L I IIw� d i 71rI it _ 1 I� � 6S i I� I� VAMES 11II� �� i RECORDING REQUESTED BY City Clerk CITY OF MOORPARK 799 Moorpark Ave. Moorpark, CA 93021 WHEN RECORDED MAIL TO: City Clerk CITY OF MOORPARK 799 Moorpark Ave. Moorpark, CA 93021 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 512 - 260 -015, 512- 260 -085 and 512- 260 -105 PROJECT NO. & NAME: Moorpark Marketplace CPD Permit No. 2000 -01 VTTM No. 5321 STORM WATER MAINTENANCE AND HOLD HARMLESS AGREEMENT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In consideration of the City of Moorpark's approval of plans consisting of a grading and improvement plan (Plan No. 02- ML- 10669) (the "Plans ") for development to occur on that certain property described as Lot 1 of Tract 4973 filed in Book 130 Pages 59 through 62 in the Office of the Ventura County Recorder, Assessor Parcel Numbers 512- 260 -015, 512- 260 -085 and 512- 260 -105, (referred to in this document as the "Property "), We, Zelman Moorpark, LLC, the owners (referred to in this document as "Owner "), of the Property will install and maintain the storm water systems and accessories thereto shown on the Plans (the "Treatment Devices ") which Treatment Devices have been designed to meet or exceed all applicable water quality standards and total maximum daily load ( "TMDL") goals for storm water and dry weather flows discharged from the Property, including without limitation, the requirements of the Porter- Cologne Act, the Clean Water Act, any applicable storm water permit, including any General 35406\243045v6 Construction or General Industrial Activity Storm Water Permit and the Ventura County Storm Water Quality Management Program, National Pollutant Discharge Elimination System (NPDES) permit number CAS004002 and all subsequent storm water permits to the extent applicable to the Property. The Owner shall protect, defend, indemnify and hold the City of Moorpark, its officers, agents and employees harmless from any and all fines, levies, liability for injuries to persons, enforcement actions or damage to or taking of property, directly or indirectly caused by the failure of Owner to properly install and/or maintain the Treatment Devices or failure to comply with any applicable storm water permit, including any General Construction or General Industrial Activity Storm Water Permit, the Ventura County Storm water Quality Management Program, National Pollutant Discharge Elimination System (NPDES) permit number CAS004002 and any subsequent storm water permit to the extent applicable to the Property. Owner shall protect, defend with legal counsel reasonably approved by City, indemnify and hold harmless City and its officers, agents, servants and employees from any enforcement action, fine, levy, loss, demand, cost, liability, claim or cause of action for injury, including death, to any person and damage to any property whatsoever resulting from, related to or connected with the failure of Owner to comply with its obligations under this Agreement, whether such compliance be by Owner or any of its officers, agents, servants or employees or by one or more persons directly or indirectly employed by, or acting in concert with, any of Owner's officers, employees, agents or servants. Approval of the Plans by the City shall not constitute an assumption by the City of any responsibility for such fines, levies, damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any 35406\243045v6 2 officer, employee or agent thereof be. liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. The provisions of this paragraph shall apply to all injuries and damages of every kind suffered, or alleged to have been suffered, by reason of the aforesaid performance of this Agreement, regardless of whether or not City or any of its officers, employees, servants or agents has prepared, supplied or approved the Plans for the Improvements or inspected the completed work. Owner waives any right to challenge the provisions of this Agreement. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the Property described herein, and shall be a covenant running with the land. Any Owner transferring its interest in the Property shall be released of its obligations under this Agreement effective as of the date of such transfer provided that Owner obtains an executed assumption agreement from assignee, pursuant to which assignee agrees to be bound by the provisions of this Agreement. Notwithstanding such assumption, Owner shall not be relieved of liability under this Agreement, or otherwise, arising out of any actions or omissions of Owner (or its agents, employees, etc.) occurring prior to the assignment to the extent such liability is not assumable by Owner's successor. A breach of any of the covenants or restrictions of this Agreement shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to the Property or any part thereof or interest therein, whether or not the mortgage or deed of trust is subordinated to this Agreement; but the terms, conditions, covenants, restrictions and reservations of this Agreement shall be binding and effective against the holder of any such mortgage or deed of trust and any owner of the Property or any part thereof whose title to the Property is acquired by foreclosure, trustee's sale, or otherwise. 35406\243045v6 J �t ti ik�g °T IN WITNESS WHEREOF, the undersigned has executed this instrument this day of AiLt. S/ 12002. 35406\243045v6 OWNER Zelman Moorpark, LLC, a Delaware limited liability company By: ZRP Moorpark, LLC, a Delaware limited liability company, Managing Member By: Zelman Retail Partners, Inc. Its: Managing Member By: Paul s Its: Vice President STATE OF CALIFORNIA ) ss: COUNTY OF On 1r _�.' z , 2002 before me, the undersigned, a Notary Public in and for said County and State personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person1s) whose name(s) is /ate subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his4ierAheirr authorized capacity(ie&)-, and that by his/ber/their signatureksy on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 35406\243045v6 s Notary JPublic 1 f ,