Agenda 09/13/2016 R Item #16A 5 16.A.5
09/13/2016
EXECUTIVE SUMMARY
Recommendation to approve an easement agreement for the purchase of a road Right-of-Way,
Drainage, and Utility easement (Parcel 382RDUE) required for the expansion of Golden Gate
Boulevard from 20th Street East to east of Everglades Boulevard (Project 60145). Estimated Fiscal
Impact: $236,854.
OBJECTIVE: To purchase an easement needed for the four-laning of Golden Gate Boulevard from 20`h
Street East to east of Everglades Boulevard(the Project).
CONSIDERATIONS: Collier County is seeking to purchase Parcel 382RDUE, a perpetual, non-
exclusive road right-of-way, drainage, and utility easement needed for construction of the Project. This
easement is approximately 62,664 square feet (1.44 acres) in extent and located in the Neighborhood
Center Subdistrict at the southeast corner of Golden Gate Blvd and Everglades Blvd. It is situated along
both road frontages of a parent tract owned by Stonegate Bank, a Florida for profit corporation.
The appraisal prepared by Cardo Appraisal Group, LLC., on February 5, 2016, estimates the value of
Parcel 382RDUE at $186,000. The attached easement agreement for a purchase price of$220,000 plus
attorney's fees, owner's survey, and appraisal for a total of$236,800 is the culmination of negotiations
with the owner's attorney. If Parcel 382RDUE is not acquired by negotiation, it will have to be
condemned and the County will be liable for additional owner's attorney fees, expert witness fees, and
inflated commercial severance damages. Such costs could be significant and far exceed the difference
between the appraised value and the negotiated settlement price.
FISCAL IMPACT: Funds in the amount of$236,854, being the aggregate purchase price of$236,800
and recording fees of$54, will be required. The primary funding source for the acquisition of right-of-
way is impact fees. Should impact fees not be sufficient within a particular project, the secondary
funding source will be gas taxes.
Incremental maintenance costs for Golden Gate Boulevard from 20`x' Street East to east of Everglades
Boulevard are estimated at $3,000 per year for mowing and garbage removal. The cost to maintain
stormwater management infrastructure will be approximately $5,000 on a three to five year basis. New
roadway construction has a maintenance curve of approximately five to seven years before any
incremental costs are required for repairs.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. -ERP
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan.
RECOMMENDATION:
. To approve the attached Easement Agreement and authorize the Chairman to execute same on behalf
of the Board;
. To accept the conveyance of Parcel No. 382RDUE and authorize the County Manager, or his
designee,to record the conveyance instrument in the public records of Collier County,Florida;;
Packet Pg. 479
1 6.A.5
09/13/2016
. To authorize the payment of all costs and expenses that Collier County is required to pay under the
terms of the easement agreement to close the transaction;
. To authorize the County Manager or his designee to take the necessary measures to ensure the
County's performance in accordance with the terms and conditions of the easement agreement; and
. To authorize any and all budget amendments that may be required to carry out the collective will of
the Board.
Prepared By: Karen Dancsec, Property Acquisition Specialist, ROW, Transportation Engineering
Division, Growth Management Department.
ATTACHMENT(S)
1.Agreement (PDF)
2. Location Map (PDF)
3. [Linked] Appraisal (PDF)
Packet Pg. 480
16.A.5
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Item Summary: Recommendation to approve an easement agreement for the purchase of a road
Right-of-Way, Drainage, and Utility easement (Parcel 382RDUE) required for the expansion of Golden
Gate Boulevard from 20th Street East to east of Everglades Boulevard (Project 60145). Estimated Fiscal
Impact: $236,854.
Meeting Date: 09/13/2016
Prepared by:
Title: Property Acquisition Specialist—Transportation Engineering
Name: Karen Dancsec
07/26/2016 2:13 PM
Submitted by:
Title: Division Director-Transportation Eng—Transportation Engineering
Name: Jay Ahmad
07/26/2016 2:13 PM
Approved By:
Review:
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 07/26/2016 4:24 PM
Transportation Engineering Jay Ahmad Level 1 Sim.Reviewer 1-8 Completed 07/27/2016 10:15 AM
Growth Management Department Lisa Taylor Level 1 Sim.Reviewer 1-8 Completed 07/29/2016 11:03 AM
Growth Management Department Gene Shue Level 1 Sim.Reviewer 1-8 Completed 08/01/2016 3:19 PM
Transportation Engineering Gary Putaansuu Level 1 Sim.Reviewer 1-8 Completed 08/01/2016 3:21 PM
Transportation Engineering Kevin Hendricks Level 1 Sim.Reviewer 1-8 Completed 08/01/2016 3:29 PM
Road Maintenance Travis Gossard Level 1 Sim.Reviewer 1-8 Completed 08/08/2016 7:11 AM
Growth Management Department Diane Lynch Level 2 Add Division Reviewer Skipped 07/26/2016 4:24 PM
County Attorneys Office Emily Pepin Level 2 Attorney Review Completed 08/08/2016 9:21 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/10/2016 7:57 AM
Growth Management Department Diane Lynch Level 3 Add Division Reviewer Skipped 07/26/2016 4:24 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/10/2016 10:36 AM
Office of Management and Budget Susan Usher Level 3 OMB 1st Reviewer 1-4 Completed 08/11/2016 9:33 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2016 4:39 PM
Growth Management Department Diane Lynch Level 4 Add Division Reviewer Skipped 07/26/2016 4:25 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 8:46 AM
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16.A.5
09/13/2016
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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16.A.5.a
PROJECT: 60145 - Golden Gate Boulevard
PARCEL: 382RDUE
FOLIO: 40930760001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of , 2016, by and between
STONEGATE BANK, a Florida profit corporation, whose mailing address is 4600 W.
Kennedy Blvd., Tampa, Florida 33609 (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "County").
WHEREAS, County requires a perpetual, non-exclusive road right-of-way, N
drainage, and utility easement over, under, upon and across the lands described in °;
Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter (.1
referred to as the "Easement"); and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein; and
a
m
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars E
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. RECITALS - All of the above recitals are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of:
$220,000.00
(said transaction hereinafter referred to as the "Closing"). County also agrees to
pay attorney's fees of $12,000, survey fee of $2000, and appraisal fee of $2,800.
Said aggregate payment of $236,800 (representing Owner's proceeds, attorney's
fees and all other costs) shall be paid at closing by County Warrant or funds wire
transfer to "Steven F. Thompson P.A. Trust Account", attn: M. David Linton, 412 E.
Packet Pg. 483
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Madison St., Suite 900, Tampa, Florida 33602, and shall be full compensation for
the Easement conveyed, including (if applicable) all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and shall be in full and final
settlement of any damages resulting to Owner's remaining lands, costs to cure,
including but not limited to the cost to relocate the existing irrigation system and
other improvements (if any), and the cost to cut and cap irrigation lines (if any)
extending into the Easement, and to remove all sprinkler valves and related
electrical wiring (if any), and all other damages in connection with conveyance of
said Easement to County including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall assist County in
securing from the holders of any liens, exceptions and/or qualifications encumbering
the Easement which are inferior to the lien of Owner's mortgage (hereinafter referred
to as "Encumbrances"), the execution of such instruments which will remove,
release or subordinate the Encumbrances from the Easement upon their recording
in the public records of Collier County, Florida. Prior to Closing and as soon after
the execution of this Agreement as is possible, Owner shall provide County with the
following documents and instruments properly executed, witnessed, and notarized CN
where required, in a form provided by the County (hereinafter referred to as "Closing
Documents"):
(a) Road Right of Way, Drainage and Utility Easement; i=
a;
E
(b) Instruments required to remove, release or subordinate Encumbrances as
defined above affecting County's enjoyment of the Easement;
(c) Closing Statement;
E
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap"Affidavit,
(e) W-9 Form; and
(f) Such evidence of authority and capacity of Owner and its representatives
to execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County,
County's counsel and/or title company.
4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within one hundred ten (110) days of the
date of execution of this Agreement or within thirty (30) days of County's receipt of
all Closing Documents, whichever is the later. This agreement shall remain in full
force and effect until Closing shall occur, until and unless it is terminated for other
cause. At Closing, payment shall be made to Owner in that amount shown on the
Closing Statement as "Net Cash to the Seller."
CAO
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5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner
agrees to relocate any existing irrigation system located on the Easement including
irrigation |ines, electrical wiring and sprinkler valves, etc. (if any), prior to the
construction of the project without any further notification from County. Owner
assumes full responsibility for the relocation of the irrigation system (if any) on the
remainder property and its performance after relocation. Owner holds County
harmless for any and all possible damage to the irrigation system in the event
owner fails to relocate the irrigation system prior to construction of the project,
If Owner elects to retain improvements and/or landscaping ("Improvements")
located on the Easement (if any), Ow/ne, is responsible for their retrieval prior to
the construction of the pject without any further notification from County. Owner
acknowledges that County has compensated Owner for the value of all
improvements located within the Easement area, and yet County is willing to
permit Owner to salvage said improvements as long as their retrieval is performed
before construction and without interruption or inconvenience to the County's
contractor. All improvements not removed from the Easement prior toEsu
commencement of construction of the project shall be deemed abandoned by
Owner.
CO
This provision shall survive Closing and is not deemed satisfied by conveyance of
title. ��
O. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things
which may be required to give effect to this Agreement immediately as such
requirement is made known to them or they are requested to do so, whichever is
the earlier. G`
7. REPRESENTATIONS AND WARRANTIES Owner agneen, represents and
warrants the following:
(a) Owner has full right, power and authority to own and operate the property ca
underlying the Easement, to enter into and to execute this Agreement, to ~~
exoCute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and
to perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part
of Owner to be performed pursuant to the provisions of this Agreement
(c) No party or person other than County has any right or option to acquire
the Easement or any portion thereof.
(d) Until the date fixed for C|osing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the
property underlying the Easement or any rights therein, nor enter into any
Packet Pg.485
16.A.5.a
Page 4
agreements granting any person or entity any rights with respect to the
Easement, without first obtaining the written consent of County to such
conveyance, encumbrance, or agreement, which consent may be withheld
by County for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g) County is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the property underlying the
Easement to change from its existing state on the effective date of this co
Agreement up to and including the date of Closing. Therefore, Owner
agrees not to enter into any contracts or agreements pertaining to or
affecting the property underlying the Easement and not to do any act or
omit to perform any act which would adversely affect the physical
condition of the property underlying the Easement or its intended use by c3
County.
Q
(h) Based on all information known to Owner, the property underlying the
Easement, and all uses of the said property, have been and presently are
in compliance with all Federal, State and Local environmental laws; that
no hazardous substances have been generated, stored, treated or
transferred on the property underlying the Easement except as specifically
disclosed to the County; that the Owner has no knowledge of any spill or
environmental law violation on the property contiguous to or in the vicinity
of the Easement to be sold to the County, that the Owner has not received
notice and otherwise has no knowledge of: a) any spill on the property
underlying the Easement; b) any existing or threatened environmental lien
against the property underlying the Easement; or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment,
spill or transfer of hazardous substances on the property underlying the
Easement. This provision shall survive Closing and is not deemed
satisfied by conveyance of title.
8_ EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be
effective as of the date this Agreement is executed by both parties and shall inure
to the benefit of and be binding upon the parties hereto and their respective heirs,
(c:1 )-)
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Page 5
executors, personal representatives, successors, successor trustees, and/or
assignees, whenever the context so requires or admits.
9. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement
in the form of a partnership, limited partnership, corporation, trust or any form of
representative capacity whatsoever for others, Owner shall make a written public
disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the
penalties prescribed for perjury, of the name and address of every person having a
beneficial interest in the property underlying the Easement before the Easement
held in such capacity is conveyed to County. (If the corporation is registered with
the Federal Securities Exchange Commission or registered pursuant to Chapter
517, Florida Statutes, whose stock is for sale to the general public, it is hereby
exempt from the provisions of Chapter 286, Florida Statutes.)
10. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the
property underlying the Easement, by Owner is contingent upon no other
provisions, conditions, or premises other than those so stated herein; and this
written Agreement, including all exhibits attached hereto, shall constitute the entirecc
Agreement and understanding of the parties, and there are no other prior or00
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein. No modification, amendment or cancellation of CNICD
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Owner and County.
a)
11. BREACH AND TERMINATION - If either party fails to perform any of the c)
covenants, promises or obligations contained in this Agreement, such party will
have breached this Agreement and the other party may provide written notice of
said breach to the party in breach, whereupon the party in breach shall have 15
days from the date of said notice to remedy said breach. If the party in breach
shall have failed to remedy said breach, the other party may, at its option,
terminate this Agreement by giving written notice of termination to the party in a
breach and shall have the right to seek and enforce all rights and remedies
available at law or in equity, including the right to seek specific performance of this
Agreement.
12. SEVERABILITY - Should any part of this Agreement be found to be invalid, then
such invalid part shall be severed from the Agreement, and the remaining
provisions of this Agreement shall remain in full force and effect and not be
affected by such invalidity.
13. VENUE - This Agreement is governed and construed in accordance with the laws
of the State of Florida.
Packet Pg.487
I 6.A.5.a
Page 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk Donna Fiala, Chairperson
AS TO OWNER: UJ
c‘,
DATED: STONEGATE BANK, a Florida 00
profit corpor,n
cc), it)
f,(1, i , — BY: /
Witness (Signature) Daiti Seleski, CEO, President
E
ri
Name (Print or T pe)
Witness (7s9r4ture)
4rAloA7 /9/751/4700
Name (Print or Type)
Approved as to form and legality:
Lk-41)
Assistant County Attorney
Last,Revised 06123115
Packet Pg.488
16.A.5.a
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RECORDS OF COLDER COUNTY, FLORIDA, LYING IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, Q
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THENCE S OO"26'22"E. ALONG THE EAST LINE OF SAID TRACT 97, FOR 50 OD FEET TO A POINT ON 1HE SOUTH LINE OF
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THENCE S 00'28'I2'E, FOR 20 00 FEET
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THENCE 1,1 89 3''15"E. ALONG SAID SOUTH TINE FOR 2299 99 FEET 10 THE POINT OF BEGINNING Of THE HEREIN
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16.A.5.b
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