Lien Agreement for Public Improvements 1994-0558577I
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RECORDING REQUESTED BY ) n '"3e"4{t s11�i3t1 f R��IiiR i7)
CITY OF POWAY )
WHEN RECORDED RETURN TO: )
CITY CLERK \
CITY OF POWAY ) ‘`
P. O. BOX 789 )
POWAY, CA 92074 ) (For Recorder's Use Only)
APN 317-251-35 Doc. Tax Fee -0-
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and between the CITY OF POWAY, a
municipal corporation of the State of California sometimes hereinafter
referred to as "City, " and DAVID H. MILLARD sometimes hereinafter referred to
as "Property Owner. "
WHEREAS, Property Owner and City have agreed to the installation of
certain improvements in the right-of-way of Creek Road and Stage Stop Drive in
Poway, California; and
WHEREAS, Property Owner represents that Property Owner is the record
owner of that real property described in Exhibit "A" attached hereto; and
WHEREAS, City has loaned to property Owner monies equal to the share of
cost of said improvements to be paid by Property Owner; and
WHEREAS, Property Owner has agreed to replay said monies lent to
Property Owner by City and to secure said obligation to repay said loan with
this Lien Agreement to be recorded in Property Owner's chain of title; and
WHEREAS, the installation of said public improvements has been
determined to be in the public interest; and
WHEREAS, the loan of monies to Property Owner required to install said
improvements has been determined to be in the public interest.
NOW, THEREFORE, IT IS AGREED between the parties hereto as follows:
Section 1. City shall loan to Property Owner the sum equal to Property
Owner's cost for connection to the Creek Road/Stage Stop Drive sewer main.
Property Owner agrees that the hereinafter described real property does
benefit by the installation of said improvements. Property Owner agrees to
repay said loan in annual installments to be added to the tax bill of that
real property hereinafter described owned by Property Owner. Property Owner
agrees to repay said loan in accordance with the following terms and
conditions:
Principal Obligation Not to Exceed - $6,596.00
Interest Rate on Unpaid Balance - 4% per annum
Number of Annual Equal Payments
of Principal Plus Accrued Interest - 5
(Payable April 15 of each year)
•
511
Section 2. As security for the repayment of said loan, Property Owner
does hereby grant to City a lien upon the hereinafter described property in an
amount not to exceed the principal obligation set forth in Section 1, plus any
and all unpaid interest which may accumulate in the future upon said sum.
Said lien shall be binding upon the Property Owner and Property Owner's heirs,
successors, assigns, executors, or other transferees in accordance with the
terms and conditions hereof. Notwithstanding the agreement of the parties for
the repayment of said sum in annual installments to be added to Property
Owner's tax bill, the entire unpaid sum of said loan shall be immediately due
and payable upon the transfer of ownership of said real property by Property
Owner if said real property has been improved with the construction of a
residence thereon.
Section 3. Upon payment in full of the full amount due hereunder, City
shall promptly upon demand of Property Owner release the lien created hereby.
Section 4. Upon demand of Property Owner, if not in default hereunder.
City shall subordinate this lien to loans not exceeding eighty percent (80%)
of the fair market value of the property encumbered hereby.
Section 5. This agreement and the covenants contained herein shall be
binding upon and inure to the benefit of the successors, heirs, assigns,
executors, and other transferees of Property Owner, shall run with said real
property, shall create an equitable servitude upon the real property, and
shall survive the foreclosure of any deed of trust of record as of the date of
recordation hereof.
Section 6. The legal description of the real property encumbered by the
lien created hereby is set forth in full on Exhibit "A" attached hereto and by
this reference made a part hereof. ((���
IN WITNESS WHEREOF the parties have executed this agreement this -I
day of /vl f -' , 1993, at Poway, California.
P : � fft/1
David I . Millard
(signatures must be notarized)
CITY OF POWAY, a Municipal Corporation
By: _
Don Higginson, r
ATTEST:
Marjori0 . Wahlsten, City Clerk
e:\liens\creek.wlm
ALL PURPOSi ACKNOWLEDGMENT
NO 209
lip-
State of "nC (i CAPACITY CLAIMED BY SIGNER
6:L.--C.C) 512 County'of S 1.) DIVIOUAL(S)
1 ❑ CORPORATE
On tt tSi)et before me, VKENNETH L. LAWRENCE NOTARY PUBLIC , OFFICER(S)
DATE NAME.TITLE OF OFFICER.E.G..'JANE DOE.NOTARY PUBLIC' TITLE(S)
{ t' ❑ PARTNER(S)
personally appeared h,4 .Zr)V .Zr) t-I, Vt, L.l.Hre t1 0 ATTORNEY-IN-FACT I
NAMEIS)OF SIGNERIS) ❑ TRUSTEE(S)
❑ personally known to me-OR - I<proved to me on the basis of satisfactory evidence
El SUBSCRIBING WITNESS
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac- ❑ GUARDIAN/CONSERVATOR j
knowledged to me that he/she/they executed ❑ OTHER: 1
the same in his/her/their authorized j
OFFICIAL SEAL capacity(ies), and that by his/her/their
I KENNETH L. LAWRENCE D
• ' ' NOT PUBLIC-CALIFORNIA
signature(s) on the instrument the person(s), j
�, PRINCIPAL OFFICE IN or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING: j
IN-./ SAN DIEGO COUNTY NAME OF PERSON(S)OR ENTTTY(IES)
My Commission Exp.Aug.18.1995 acted, executed the instrument.
'Q43•b ,
Witness my hand and o 'vial seal.
It
N'r b- _, NOT -
ATTENTION NOTARY:Although t$s Mtormason requesteu below is OPTIONAL,It could prevent attachment of this eafdrtaate tc;:n• • •ed meet.
THIS CEFITF:ICATE Title or Type of Document C e /,..4- / ! ii ' f, '
MUST BE ATTACHED --
' TO THE DOCUMENT Number of Pages 1 Date of Document 9� - t
DESCRIBED AT RIGHT: Signer(s)Other Than Named Above _/� 1
t�1`ti�ti���111�--111—�11�1—,111—,—_11. I
EXHIBIT "A" IS
513
LEGAL DESCRIPTION PROPERTY TRANSFER
THAT PORTION OF LOT 51 OF CITY OF POWAY TRACT NO. 85-04 UNIT 1
ACCORDING TO THE MAP THEREOF NO.. 11742 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 9 , 1987, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 51 OF SAID MAP
NO. 11742, SAID CORNER BEING ON THE WESTERLY LINE OF THE RIGHT-OF-
WAY OF POMERADO ROAD AS DEDICATED PER SAID MAP NO. 11742 , SAID
CORNER ALSO BEING ON THE WESTERLY BOUNDARY LINE OF SAID MAP NO.
11742 ; THENCE ALONG SAID WESTERLY BOUNDARY LINE SOUTH 14 ° 42 ' 46"
EAST 379 . 72 FEET; THENCE SOUTH 24 °41 ' 00" EAST 177 . 19 FEET; THENCE
SOUTH 25° 09 ' 55" EAST 199 . 65 FEET TO A POINT ON THE ARC OF A NON-
TANGENT 85. 82 FOOT RADIUS CURVE CONCAVE WESTERLY, A LINE RADIAL TO
SAID CURVE THROUGH -SAID POINT BEARS NORTH 65 ° 09 ' 48" EAST; THENCE
SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 46°37 ' 20" A DISTANCE OF 69 . 83 FEET TO A POINT ON
THE BOUNDARY OF THAT CERTAIN PROPERTY DESCRIBED IN DEED DATED
DECEMBER 14, 1983 FROM JOHN F. ICKLER TO DAVID H. MILLARD RECORDED
IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY
FEBRUARY 29 , 1984 AS FILE/PAGE NO. 84-072386 OF OFFICIAL RECORDS ;
THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY OF SAID MAP NO.
11742 AND ALONG SAID BOUNDARY DESCRIBED IN SAID DEED SOUTH
53 °46 ' 06" EAST (SOUTH 54 °46 ' 30" EAST PER SAID DEED) 185 . 63 FEET;
THENCE SOUTH 66°25 ' 37" EAST 123 . 34 FEET (SOUTH 68 ° 19 ' EAST 123 . 44
FEET PER SAID DEED) TO THE TRUE POINT OF BEGINNING; THENCE LEAVING
SAID BOUNDARY LINES SOUTH 17°43 ' 22" EAST 154 . 97 FEET; THENCE SOUTH
36 °21' 47" WEST 86. 84 FEET TO AN ANGLE POINT IN THE AFORESAID
BOUNDARY LINES ; THENCE ALONG SAID BOUNDARY LINES NORTH 01° 08 ' 06"
EAST 217 . 59 FEET (SOUTH 00°41 ' WEST 216. 47 FEET PER SAID DEED) TO
THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0. 125 ACRES, MORE OR LESS
THIS LEGAL DESCRIPTION TOGETHER WITH THE CITY OF POWAY PLAT
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION WAS
PREPARED BY ME OR UNDER MY DIRECTION.
• Plaii2f--11-4°01IV• GIkALD DALE HARVEY, JR. L.S. 5292 r-N-6-10
'9L LICENSE EXPIRATION DATE, EC. 31, 1991 O
L."2 W LS 5292 ..2c3I
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JN 5751-02
N M 5 14
LEGAL DESCRIPTION PARCEL 1
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 23 , TOWNSHIP 14
SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE
OFFICIAL PLAT THEREOF, TOGETHER WITH A PORTION OF LOT 51 OF CITY
OF POWAY TRACT 85-04 UNIT 1 ACCORDING TO THE MAP THEREOF NO. 11742
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
MARCH 9 , 1987, ALL IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS :
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 51 OF SAID MAP
NO. 11742 , SAID CORNER BEING ON THE WESTERLY LINE OF THE RIGHT-OF-
WAY OF POMERADO ROAD AS DEDICATED PER SAID MAP NO. 11742 , SAID
CORNER ALSO BEING ON THE WESTERLY BOUNDARY LINE OF SAID MAP NO.
11742 ; THENCE ALONG SAID WESTERLY BOUNDARY LINE SOUTH 14 ° 42 ' 46"
EAST 379 . 72 FEET; THENCE SOUTH 24 °41 ' 00" EAST 177 . 19 FEET; THENCE
SOUTH 25°09 ' 55" EAST 199 . 65 FEET TO A POINT ON THE ARC OF A NON-
TANGENT 85. 82 FOOT RADIUS CURVE CONCAVE WESTERLY, A LINE RADIAL TO
SAID CURVE THROUGH SAID POINT BEARS NORTH 65 ° 09 ' 48" EAST; THENCE
SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 46°37 ' 20" A DISTANCE OF 69 . 83 FEET TO THE TRUE
POINT OF BEGINNING, SAID POINT BEING ON THE BOUNDARY OF THAT
CERTAIN PROPERTY DESCRIBED IN DEED DATED DECEMBER 14 , 1983 FROM
JOHN F. ICKLER TO DAVID H. MILLARD RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY FEBRUARY 29 , 1984 AS
FILE/PAGE NO. 84-072386 OF OFFICIAL RECORDS ; THENCE CONTINUING
ALONG SAID WESTERLY BOUNDARY OF SAID MAP NO. 11742 AND ALONG SAID
BOUNDARY DESCRIBED IN SAID DEED SOUTH 53 ° 46 ' 06" EAST (SOUTH
54 °46 ' 30" EAST PER SAID DEED) 185 . 63 FEET; THENCE SOUTH 66 °25 ' 37"
EAST 123 . 34 FEET (SOUTH 68 °19 ' EAST 123 . 44 FEET PER SAID DEED) ;
THENCE LEAVING SAID BOUNDARY LINES SOUTH 17 °43 ' 22" EAST 154 . 97
FEET; THENCE SOUTH 36°21' 47" WEST 86. 84 FEET TO AN ANGLE POINT IN
THE AFORESAID BOUNDARY LINES ; THENCE ALONG SAID BOUNDARY LINES
NORTH 88 °51' 54" WEST (NORTH 89 ° 19 ' WEST PER SAID DEED) 40. 00 FEET;
THENCE NORTH 70°31 ' 09" WEST 190.84 FEET (SOUTH 71° 14 ' EAST 191. 57
FEET PER SAID DEED) ; THENCE LEAVING SAID WESTERLY BOUNDARY OF SAID
MAP NO. 11742 AND CONTINUING ALONG SAID BOUNDARY OF SAID DEED NORTH
28 ° 32 ' 09" EAST 90.72 FEET (SOUTH 28 °22 ' 58" WEST 91. 96 FEET PER SAID
DEED) ; THENCE SOUTH 65'39 ' 13" EAST 151. 67 FEET (NORTH 65°43 ' 10"
WEST 152 . 08 FEET PER SAID DEED) ; THENCE NORTH 01° 08 ' 06" EAST (NORTH
00'41 ' EAST PER SAID DEED) 110. 00 FEET; THENCE NORTH 66'25 ' 37" WEST
101. 02 FEET (NORTH 68 ° 19 ' WEST 100. 90 FEET PER SAID DEED) ; THENCE
NORTH 53 °46 ' 06" WEST 189. 39 FEET (NORTH 54 °46 ' 30" WEST 189 . 67 FEET
PER SAID DEED) TO A POINT ON THE SOUTHWESTERLY EXTENSION OF THE
AFORESAID 85.82 FOOT RADIUS CURVE CONCAVE WESTERLY, A LINE RADIAL
TO SAID CURVE THROUGH SAID POINT BEARS SOUTH 41°15 ' 27" EAST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 26° 57 ' 25" A DISTANCE OF 40. 38 FEET (DELTA - 26° 55 ' 53" , DISTANCE
40 . 33 FEET PER SAID DEED) TO THE TRUE POINT OF BEGINNING.
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JN 5751-002
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LEGAL DESCRIPTION - PARCEL 1 (CONTINUED) PAGE 2
SAID PARCEL CONTAINS 0.912 ACRE MORE OR LESS.
THIS LEGAL DESCRIPTION TOGETHER WITH THE CITY OF POWAY PLAT
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION WAS
PREPARED BY ME OR UNDER MY DIRECTION.
, II / I / ,AND 1 4" c)kLE 11, 4:6z.,\
' :G • LD DA HARVEY, JR. .S. 5292
LIC. .E EXPIRATION DATE, 31/91 U i < "'-
;. L LS 5292 ��
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LEGAL DESCRIPTION PARCEL 2
THAT PORTION OF LOT 51 OF CITY OF POWAY TRACT NO. 85-04 UNIT 1
ACCORDING TO THE MAP THEREOF NO. 11742 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 9, 1987, TOGETHER WITH
THAT PORTION OF POMERADO ROAD DEDICATED TO PUBLIC USE PER SAID MAP
NO. 11742 AND VACATED PER CITY OF POWAY RESOLUTION NO. 89-038
ADOPTED APRIL 4, 1989, ALL IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 51 OF SAID MAP
NO. 11742 , SAID CORNER BEING ON THE WESTERLY LINE OF THE RIGHT-OF-
WAY OF POMERADO ROAD AS DEDICATED PER SAID MAP NO. 11742 , SAID
CORNER ALSO BEING ON THE WESTERLY BOUNDARY LINE OF SAID MAP NO.
11742 ; THENCE ALONG SAID WESTERLY BOUNDARY LINE SOUTH 14 °42 '46"
EAST 379 . 72 FEET; THENCE SOUTH 24°41' 00" EAST 177. 19 FEET; THENCE
SOUTH 25°09 ' 55 : EAST 199 . 65 FEET TO A POINT ON THE ARC OF A NON-
TANGENT 85 . 82 FOOT RADIUS CURVE CONCAVE WESTERLY, A LINE RADIAL TO
SAID CURVE THROUGH SAID POINT BEARS NORTH 65 °09 ' 48" EAST; THENCE
SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 46° 37 ' 20" A DISTANCE OF 69 . 83 FEET; THENCE NON-
TANGENT TO SAID CURVE SOUTH 53 °46 ' 06" EAST 185. 63 FEET; THENCE
SOUTH 66° 25 ' 37" EAST 123 . 34 FEET; THENCE LEAVING SAID WESTERLY
BOUNDARY LINE SOUTH 17 °43 ' 22" EAST 154 . 97 FEET; THENCE SOUTH
36°21 ' 47" WEST 86 . 84 FEET TO A POINT ON THE AFORESAID WESTERLY
BOUNDARY LINE; THENCE ALONG SAID BOUNDARY LINE NORTH 88 ° 51 ' 54" WEST
40. 00 FEET; THENCE NORTH 70'31 ' 09" WEST 190. 84 FEET; THENCE SOUTH
46°40 ' 48" WEST 190 . 14 FEET; THENCE SOUTH 40°52 ' 09" EAST 125. 00
FEET; THENCE NORTH 39°20 ' 07" EAST 130. 11 FEET; THENCE NORTH
84 ° 19 ' 49" EAST 126. 66 FEET TO A POINT ON THE ARC OF A NON-TANGENT
50. 00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A LINE RADIAL TO
SAID CURVE THROUGH SAID POINT BEARS SOUTH 68 °52 ' 06" EAST; THENCE
SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 109°59 ' 48" A DISTANCE OF 95.99 FEET; THENCE
RADIALLY FROM THE ARC OF SAID CURVE SOUTH 01°08 ' 06" WEST 146. 87
FEET; THENCE SOUTH 89°50 ' 54" EAST 200. 27 FEET TO A POINT ON THE ARC
OF A NON-TANGENT 1846. 50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY,
A LINE RADIAL TO SAID CURVE THROUGH SAID POINT BEARS SOUTH
18 '08 ' 17" EAST, SAID POINT BEING ON THE NORTHERLY LINE OF THE
RIGHT-OF-WAY OF SOUTH POWAY PARKWAY AND DEDICATED TO PUBLIC USE PER
DOCUMENT RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY NOVEMBER 15, 1988 AS FILE/PAGE NO. 88-587247 OF
OFFICIAL RECORDS ; THENCE LEAVING SAID WESTERLY BOUNDARY LINE
NORTHEASTERLY ALONG SAID NORTHERLY LINE AND THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 02 ° 05 ' 56" A DISTANCE OF 67 . 64 FEET TO
A POINT ON THE WESTERLY LINE OF THE RIGHT-OF-WAY OF POMERADO ROAD
AS DEDICATED TO PUBLIC USE PER SAID DEED NO. 88-587247 ; THENCE
LEAVING SAID NORTHERLY LINE OF THE RIGHT-OF-WAY OF SOUTH POWAY
PARKWAY, ALONG SAID WESTERLY LINE ON A LINE RADIAL FROM SAID CURVE
MMA/BPM/MQ
(V-4 / /144 4-10- 9
JN 5751-002
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LEGAL DESCRIPTION - PARCEL 2 (CONTINUED) 517
PAGE 2
NORTH 20' 14 ' 13" WEST 10. 00 FEET TO A POINT ON THE ARC OF A NON-
TANGENT 40. 00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, SAID LAST
TRAVERSED COURSE BEING RADIAL AT SAID POINT; THENCE NORTHEASTERLY,
NORTHERLY AND NORTHWESTERLY ALONG SAID WESTERLY LINE AND THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°02 ' 49" A DISTANCE OF
62. 86 FEET TO THE BEGINNING POINT OF A 1841. 00 FOOT RADIUS COMPOUND
CURVE CONCAVE SOUTHWESTERLY, A LINE RADIAL TO SAID CURVE THROUGH
SAID POINT BEARS NORTH 69°42 ' 58" EAST; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08 °29 ' 44" A
DISTANCE OF 272 . 97 FEET; THENCE TANGENT TO SAID CURVE NORTH
28°46 ' 46" WEST 67 .44 FEET TO THE BEGINNING OF A TANGENT 1465.00
FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°10 ' 06" A
DISTANCE OF 260. 00 FEET; THENCE TANGENT TO SAID CURVE NORTH
38 °56 ' 52" WEST 200. 03 FEET TO THE BEGINNING OF A TANGENT 1953 .00
FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16° 11' 52" A
DISTANCE OF 552 . 12 FEET TO A POINT ON THE WESTERLY LINE OF THE
RIGHT-OF-WAY OF POMERADO ROAD AS DEDICATED TO PUBLIC USE PER SAID
MAP NO. 11742 ; THENCE ALONG SAID WESTERLY LINE TANGENT TO SAID
CURVE NORTH 22 °45 ' 00" WEST 197 . 79 FEET TO THE POINT OF BEGINNING.
SAID PARCEL OF LAND CONTAINS 4 . 658 ACRES MORE OR LESS.
THIS LEGAL DESCRIPTION TOGETHER WITH THE CITY OF POWAY PLAT
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION WAS
PREPARED BY ME OR UNDER MY DIRECTION.
to 01 I ' ,�il ,, -� 3-(y 1°
GIy' LD DALE HARVEY, 'R. , L.S. 5292 4 p4 y,
ICE SE EXPIRATION DA , 12/31/91 �,
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LS 5292 A,
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