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HomeMy WebLinkAbout010713_ca05Department of Public Works Consent Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Frank Gifford, Public Works Director,/y,/~..) Agenda Date: January 7, 20113 Subject: A Communication System Easement request from CenturyTel of Washington, Inc., dba CenturyLink. Statement of Issue: The Facilities Department has request that Public Works coordinate the development of the Communication System Easement with the above referenced company. The Board is requested to execute the attached Communication System Easement from the County to CenturyTel of Washington, Inc., for a total of approximately 500 square feet, situated in the SW portion of the Clearwater Shop parcel, APN 412183008, located at 3000 Clearwater Road. Please refer to the attached Survey. Analysis/Strategic Goals/Pro's ft Con's: The Communication System Easement is necessary to provide the protected area needed by CenturyLink to enhance the limited communication technology in the area. This effort is fully supported by the Information Services Manager tt Sheriff's Department, which will potentially provide the Jefferson County Sheriff's Department with the additional bandwidth they need and provide Centurylink with a secure facility to keep data communications flowing. Fiscal Impact/Cost Benefit Analysis: CenturyLink has provided all plans and survey data as necessary to complete the Communication System Easement document attached hereto. CenturyLink has also agreed to pay the County for all administrative expenses (estimated to be less than $1,000.00) incurred with the execution of the subject easement and ($ 1,000.00) compensation for the perpetual easement. Department of Public Works Consent Agenda Page 2 of 2 Department Contact: Will Butterfield Right of Way Representative, 385-9350. Recommendation: The Department of Public Works recommends the Board of County Commissioners sign the Easement document provided by CenturyLink and return the original to the Jefferson County Department of Public Works for further processing. The Board will be provided a copy of the fully recorded document and recorded survey once filed with the Jefferson County Auditor. ~~~~ Date Jack Ryan c/o CenturyLink 6700 Via Austi Pkwy MAILSTOP: NVLVEL-3062 Las Vegas, NV 89119-3545 Document Title: GRANT OF COMMUNICATION SYSTEM EASEMENT Grantor(s): Jefferson County Grantee(s): CenturyTel of Washington, Inc., dba CenturyLink. Legal Description: Ptn. Of the SW 1/4 of Sec 18,T24N, R12W, W.M., Additional Legal Description is on Exhibit A-1 of Document. Assessor's Tax Parcel Number: 412183008 COMMUNICATION SYSTEM EASEMENT This Communication System Easement and the rights contained in it are granted by Jefferson County, a municipal corporation ("Grantor"), whose address is 1820 Jefferson Street, P.O. Box 1220, Port Townsend, WA. 98368. For good and valuable consideration, the receipt and sufficiency of which are acknowledged by Grantor, Grantor, for itself, its successors and assigns, grants to CenturyTel of Washington, Inc., d/b/a CenturyLink, its successors, assigns, lessees, licensees and agents ("Grantee"), subject to the terms stated in this Communication System Easement, a perpetual easement ("Easement") to install, construct, operate, maintain, expand, replace and remove a communication system that Grantee may, from time to time require, consisting of but not limited to underground cables, wires, conduits, manholes, drains, splicing boxes, surface location markers, equipment cabinets and associated wooden or concrete pads, aerial lines or cables, poles, and other facilities or structures as are reasonably necessary for Grantee to exercise the rights granted to it in this Communication System Easement (collectively, "Facilities"), upon, over, through, under and along a parcel of land described on Exhibit "A" and Exhibit "A-1" ("Easement Tracts"), said Easement Tract being a portion of the real property described on Exhibit "B" ("Property"),all exhibits being attached to and incorporated by reference into this Communication System Easement. The grant of Easement also gives to Grantee the following rights: (a) the right of ingress and egress over and across the Easement Tract and Property and any real property owned or controlled by Grantor that is adjacent to the Easement Tract or Property. for the purpose of Grantee exercising the rights granted to it in this Communication System Easement; (b) the right to clear and keep clear all trees, roots, brush and other obstructions from the surface and sub-surface of the Easement Tract that may interfere with Grantee exercising the rights granted to it in the Communication System Easement; (c) the right to permit the carry-in and attachment of the conduit, wires, cables or other such items of any other entity or person to the Facilities; and (d) at Grantee's expense, the right to bring to and to place at the Easement Tract electrical or other utility service for Grantee's use, and further required by the utility, Jefferson County will provide a key to the Grantee, upon execution of this document, for access to the fenced area, directly adjoining the easement area, for the temporary placement of a CenturyLink generator for use as backup power to the communication equipment placed on the herein granted easements}. Grantor will have the right to use and enjoy the Easement Tract so long as Grantor's use does not materially interfere with the rights granted to Grantee in this Communication System Easement. Grantor will not erect any structure or plant trees or other vegetation within the Easement Tract. Grantor warrants that Grantor is the owner of the Easement Tract and Property and will defend title to the Easement Tract and Property against the claims of any and all persons, and that Grantor has full authority to grant this Communication System Easement according to its terms. ARN 199370 / PRN 480398 Grantor further warrants that to the best of Grantor's knowledge, the Easemen Tract and Property are free from any form of contamination and contain no hazardous, toxic or dangerous substances. Grantee will have no responsibility for environmental contamination or liabilities unless caused by Grantee. IN WITNESS WHEREOF, this Underground Utility Easement is executed this day of 2012. GRANTOR: JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chair Approved as to form only ~Z ~~ ~~ David Alvarez Chief Civil Deputy Prosecuting Attorney THE STATE OF COUNTY OF Phil Johnson, Member David W. Sullivan, Member Date BE IT REMEMBERED, that on this day of , 2012, before me, a Notary Public in and for said County and State, came John Austin, Phil Johnson, and David W. Sullivan, who are the Chairperson and Members known to me to be the same persons who signed the herein instrument, and such person duly acknowledged the signing of the same as their act and deed of the Jefferson County Board of Commissioners. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. My appointment expires: Notary Public ARN 199370 / PRN 480398 EXHIBIT A TO COMMUNICATION SYSTEM EASEMENT Deu~ction of Easements _r• ' ~ :i ~~ ~r ` 1 ~k~~ 'r~~~; F ::: r~ ~~ `S~' ~O '~, •-~ FENCE -~ "1- POST ~a p~ v~l~ 13 18 ~99.7f )597.48_ 24. 19 1V 89'3)'47" ~ A 20'X24' UTILITY EASEMENT 20" [B~ 1 Q.ofl' EASEMENT FOB 1hIGRI~SS, EGRESS AMID UTILITIES EASE.~4ENT DETAIL NC~T T~1 SGALE :~ ~ ~ N y~78' ~ ~~~ ~'~ ~ 2a.oo t~ 1 ~ ~1 2~1'X2~' t ~, ~ .~- ~ EASEI~lENT t i '` ~. l ~ ~ Q,~ 1REE ROtlTS a~ ~ N ~_ ~ r-PRQPERTY L.1NE --o- l.. 2.72 t ~ ~1 N 89'31 '47" E :~ ~~r~ a ~ a~o~ SPRUCE ARN 199370 / PRN 480398 EXHIBIT "A-1" TO COMMUNICATION SYSTEM EASEMENT Description of Easement Tracts Easement"A" An easement for ingress, egress and utilities, over, under and across a portion of the Southeast Quarter of the Southwest Quarter of Section 18, Township 24 North, Rangel2 West of the Willamette Meridian described as follows: Beginning at the Southeast corner of said Southeast Quarter of the Southwest Quarter; Thence South 89°31'47" West along the south line of said Southeast Quarter of the Southwest Quarter 477.97 feet; Thence North 00°28'13" West 229.78 feet to the True Point of Beginning of said easement; Thence North 79° 18' 15" East 20.00 feet; Thence North 10°41'45" West 20.00 feet; Thence South 79°18'15" West 20.00 feet; Thence South 10°41'45" East 20.00 feet to the True Point of Beginning. Easement "B" Together with an easement 10.00 foot in width for ingress, egress and utilities, over, under and across a portion of the Southeast Quarter of the Southwest Quarter of Section 18, Township 24 North, Range 12 West of the Willamette Meridian described as follows: Beginning at the Southeast corner of said Southeast Quarter of the Southwest Quarter; Thence South 89°31'47" West along the south line of said Southeast Quarter of the Southwest Quarter 477.97 feet; Thence North 00°28'13" West 229.78 feet to the True Point of Beginning of said easement; Thence North 79°18'15" East 20.00 feet; Thence North 10°41'45" West 20.00 feet; Thence South 79°18'15" West 20.00 feet; Thence South 10°41'45" East 10.00 feet; Thence South 79° 18'15" West 10.63 feet to the easterly right of way of Clearwater County Road; Thence Southeasterly along said right of way 10±feet; Thence North 79°18'15" East 9.56 feet to the True Point of Beginning. ARN 199370 / PRN 480398 EXHIBIT ~~B" Jefferson County Property ~3ASI~ OF FARING N 89`31'47" E, 2375.1 S BETWEEN THE SOUTHWEST SECTiC3N CORNER AND THE SOUTH-# Q~.JARTER GARNER Off` SE~TiaN 13, TOWNS#-I!P 2~4, RANGE 12 WEST, W.M. ~EG.A.L LIESCRIP'T'IC]N (JEFFERSON COUNTY PROPERT"Y~ (HOSE PORTIONS 4F THE SQtlTHEAST 1 f,4. OF THE SOUTT-IWES7 1/4 EYING EAST t3F THE COUNTY ROAD IN sECTIoIV 18, 7~3WNSHIP 24 NORTH. RANGE 1 ~. WEST, 1N.A+t., .JEFFERSON Ct7UIVTY, WASHINGTON, DESCRIBEQ AS FOL..L.OWS: TAX t~10. 1, SECTIC}id 18, TOWNSI-IIP 24 NORTH, RANGE ~2 WEST, 1N.M., BEING IIAORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT 30.Q FEET EAST' QF' COUI~ITY ROAD SURVEY IJl~lE, SAID E~"C~NT BEING 28.8 FEET IN A NQRTI-(WESTERLY DIRECTION FROM WHERE SAID SURVEY CR~'3SSES SEC7IQN LINE BETWEEN SECl10NS 1 S AND 19 WHERE SAID COUNTY RDAD StlRVEY ANGLES DUE t~IQRTI-[; TN ENCE £AST t 75 FEET ; THE;'~ICE NORTH 248.2 FEET; 'il-IE~tCE 1~VEST t75 FEET TfJ V'I~ITHIi~i 3D FEET QF' SAID 001,~NTY RQAa suRVEY l,.INE; TI-IEI+~GE SOU~"H 249.2 FEET PARAlLEL1NG SAID Col.~hlTY ROAf] SURVEY TO POINT` aF BEGINNING. SAID LAND ALL BEING SITUATED IN SC3UTI-(EAST 1 /4 CAF' THE SOUTi-WWEST t ~4 OF SECTION 18, TOWNSHIP 24 NORTH, RAI~IGE 'I2 WEST', W.M.; ALSO ~3EGINNING AT POIN'T` 30 FEET EAST OF CQUNTY ROAD SURVEY LINE, SAID POINT BEING 2fi~.8 FEET IN A NORTHWESTERLY AIRECTlC7N FROIut WHERE SAID SURVEY LINE CROSSES THE SECTION LINE BETWEEI~I SECTIONS t 8 AND 19 WHERE SAI D SURVEY LINE ANGLES OLJE NCyRTH; ?I-[ENCE EAS? 17v.D FEET 'T'O A POST WHICH 141ARKS THE SOUTH EAST CORNER OF TAX N O. 1 AS SAID TAX N O. 1 I S DESCRIBEQ IN REED RECORDEC] JULY 24, 195U Ill VOL.tIhdE 129 ~3F C3EEDS, p'AGES 252 AND 253, AND WHICH IS, ALSO, THE TRI.fE PAINT OF QEGINNING AF' TH[S PROPERTY D~ESCRIPTION* TI•iENCE EAST 174.8 FEET TO CONCRETE POST THENCE C~IORTH 249.2 FEET TO A CONCRETE POST; THENCE WEST 174.8 FEET TO T1~E N O~RTHEAST CORNER OF TAX NO. 7 ; THENCE Sau TH 249.2 FEET T4 THE PAINT OF BEGItrIN I NG. AI_.!_. [N SECTION 18. 'T'OWNSHIP' 24 t~#C)RTH, RANGE 12 WEST, W.t+~t. ALL SITUATE IN THE COUNTY OF JEFFERSON, STATE OF' 1iVASH I N GTOl~€. RF~'ER~NC~ SLTR~YS: x 1) BOtlNDAR.Y LINE ADJUSTItitENT SURVEY AS RECORDEb UNDER ~ AFN. 4.95004 IN VOLUIwIE 28 OF SURVEYS. PAGE 48. 2) RECC3R#3 OF' SURVEY AS RECORDED IN VOLUh~E 19 OF ~ SURVEYS, PAGE '! ~1. ARN 199370 / PRN 480398 a ~ ~ RECORI?' OF SURVEY A PORTION OF TFIIs' aOUTE~AST QUARTER ~OF THE SOUTHWEST $LTARTER OF -SECTION 18, TOS9NSIiIP 24 NORTH,: RANGE 12 WEST, ~P M. . JEFFERSON COUNTY, lPASHINGTON ~, CENTURYTEL OF NASHiTtGTON INC., dba CI~N7l'URYLtNK F~s~rr Di~cxlpTlaNs AN EAS<~TfT FUR NGRISS, ECtiESS AND UTWTIFS, OVER, UNDER AND ACROSS A POTT110N Cl/ THE SOUTHEAST WARiFR Ol' lt£ SOUTHNEST Q11AR1ER OF 5[iC1IQN 18, TONHSHIP 24 NOR1}t, RANGE 12 WEST OF 11E YNI:L~lET1E NETTIOIAH DESCRfBED AS F'iXJ.011k BEt~ANG AT Tip 90U1HEAST CORNER OF' SAN SO111fWJGST QUARTER 9F' THE SOU1TtNEST QUARTER; 7HEHl~E SOUIFI 893Y47' WEST ALONG THE SOU1N IAiE OF SA6s SOUiHEASf QUARIER QF TFTE SOUTHNES'T QUARTER 471.97 FEEf• ]} NORTH 00'7S'13' WEST 22918 FEET 7O 7HE 1RUE POINT OF !TE'JgIIHNG GF 5A10 EAST]W7tT; TN[?ICE NORTH 79'I~tS' EAST 20.00 IFEI; THENCr: NORiH, 10'41'4!Y NEST 2a00 FFET• 1HfHCE SOUTH 79'18'15' WEST 2a00 FEET: 1N!]1CE 90U1F1 10'4t'45` EAST 20.00 FEET Its TT£ TR1lE PONT' OF sEa~1Na .IXF~S FASFYFNT 'B" TOGEIFER NtTH AN t.A5=3~ENT 10.00 T SOOT N NroTH FoR NESS, ECisESS ANo UTOltES, OVER UNDER AND ACROSS A PORTION Of THE SOUTHEAST QUARTER aP 1HE SOUTHNEST QUARTER OF SECiT(N 18, 1t)NN510P 24 NORTH, RANGE 12 NEST OF THE NTU.AT6;.T-E 11ERIDIAN DESGRBED AS FYILLON5: BEg11NN0 AT 1HE S9Utt1EAST CARNETt OF SAID SOUTHEJIST gUAR1ER ff TF~ SGUTHNEST QUARTER; A1EN~ SOUTH O4~('47y NETT' ALONG THE 50UTN IJNE OF SAID SWTHEAST QUARTER of 'THE souTNNEST QUARiER 477.97 FFk:f; THENCE NORTH 0018'13" NEST 229.78 FEET TO THE TRUE F'ON1T OP B67GIiOON6 OF ElNi: TH01CE NORtT{ 1ti'41'4!T" WEST 1aaD FIEI; PONT NORTTT NEST 10:83 FfT:T r0 A CUR4E TO T1~ IFFT WHICI{ NORTH 74ro0'18'" EAST; THQICE ALONG SAC CURVE 1a06 FEET, 7918'15' EASt 9.58 FEET TU T1~ TRUE POINT OF E)EGA6~iG. \ T~A6. ? i $ ~~ a ~~ 20.00 ~ K + 1 ~ ~1 ~ ~ ~~ ~' 1 t' 1 -~ 1~, ~2a~ x ~A ~ ~ 9 ~ r.- (~ I~ 1 I t1NE 1 n0 .x. 272 G W N 4 E ~ TatcE MI ~ Posr 1 ~I ~o I$ 7' yl 20' SPRUCE v \ i L fd ~ 28R~71,-~,,~ ffar'749 _ _ r.., _ .r - 'l~~'-/ N 803147" E 24 T9 0 2O'X20r utluTY EASfi~iT ® loroo' t~aENr I~R INGRRS, T:GRFSS AND t1TN1TIES ~ i ~ i ~ so a s e93147• w 368. ZI 183,30 APPROXIMATE NOR1N 17480 I ~ I I --x--x-- 11NE ~FEFtiSOr[ D ~ ~ COUNTY ANN[O( I I c I 1 I Z i ~ I I ~ O 1 a 1 JETFERSON . ~ ( COl1NTY ANNE( o ~ !~ ~ ~ ti a I I ~ 3 W 1 ~ g $ i I 1 N01E ~ ~ NOR1N IiNO K1AI I,NFS ARE SHOW FOR ~"~ y PUAP ONLY. PURPOSE Of l 1 I r~ SURVEY 1~RS TO SFIOW LQCAIION Cf 30,00 ~ CEK1UR1t1NK EASD~©1T AND 11E -~ ~ 1 INTV SEa~naT1.. x{ 1 r ' - ~, 1 ti --'~; r sE>: 0 ~ B G DETA6. BELOW ~ILI71N ..-~ 218' iO.81' t e -I- ~ n4,eo 132.27 S 1700 N 893Y47' E 482.05 ~ FOUTO! REBAR 1 AND CAP PER ~ \ Si~TUCE ~ i~ ~ LINE TABLE ok No. T~ut~ aTSTAN~ \ ~ ` L1 550'17'30' TT 30.00 ~ ! i.2 s 7s•ta'1s Tt 9.56 CURVE T,48LE ~' \ I \~ LS S 79'16'17" t 10.63 ~ l~TA. ~~ 41~ \ L4 s 10'41'5" f 10.00 CI to 39'51 328.10 Hl6.O2 L7 S 10'4i'40' E 10.00 ~ 1 ~ ~ 328.10 10.00 1 "'~ I Le s 10'41 ~ E 1a.oG \ ~ L7 S 10'41 45' E 10.00 I ~ PtdUNO R~Itt ~ ~ ~ \ I ~; ` i~• ~ '~ i 31 ` W J~ e~ ;!` Y r fr' s3Q .~\'A ~ T? ~I ~. ~. ,,,, . ~, , n `~. .~ s ~ ~,~ ; . 1 ~ '~ ~ ~ 1 ~ `~ '~, ` ~r c, I'OiRID A1,tNaINUM f ~ ~~, PouNO 1 Axt MONUMENT PER ~ I ~ 'a, ~ REFFROtCES !0 I ~ •$ 2 (VtS11ED 11- 2 (VISITED 11-12) R) 30000 ~ \ ~~ ~ _ _ 33212 ~ ,,, _ 13 2pp,7f 1597.i8 ~ ..^ _ _ 107.12 _ _ _ - - - "~ •. - --- '`~ r -~ N 893T'47" E T375,1d 24 1 ~ ~ PER TOPO LEGII~ LEGEND RE~El1CE #2 _ ..~, - ET1Gf PAVQIFM Q FOUND As NO~IFb --«---x--- FETICE ~~ SiTE ADDRESS 300Q ~ ~ QpP0T1FR YAULT FT1l~S, MG198331 C]T TFI.EPHONE pl~SfAl,.. AID 199370 SRN: 195375 'Q" ~ CONIFER TREE AS NO1FA ~~ TOPCON HIP6i PR0. gABA4 POfiQIONNC SY51EN1 Aflilr7N~ gNE11ATICS &P.S. P TI#S SURVEY IIFE1;; QR FXC~AS 1HE ACCURACY AND 1AO7F1 DTN t1201, 3 SEC011D TOITIt, 5TA1pN WI1H DOUBLE OCOUPA110N ON fiONiROI STANDARDS A5 St;T l~RT1f 01 IGIC 332-130-090 P001TS AND GONVTDITIONN. t~tD TTtAVFRSE SET MAO NAL AND FT.ASHER . STAMPED '1E101EAR 37977' FGIAC SFCHON CORNER AS NOTED /rQ, FOUND QUARTER CORNTR AS NOT>D IQ Mt;ASUAFA DISTANCE ~ tiECOAD DISTANCE Lt2-111 ROS SCAM 1"=40 FEET 0 20 ~ eo aASrs o~ B~ARw~ N 8931'47• >~ 2375.16 DET11Ek?t TTY saI1tTlNfsr sECtta+ ooRr~R ~ Tt1E saTTH QUARTER CDRNER oa sECnoi113, 7ONNSHP 24. RANGE 12 NEST, W.M. LEGAL DESCRIPTION (,IEFFIIiSDN COUNIY PROPE8T1~ 7H06E P0R110NS OF TF6+ SOUTHEAST 1/4 Cf 1FE SOU1TiNFST t/4 LYNG EASE OF 1HE COUNTY ROAb N SECTION 18, TO16iSfOP 24 NORTH, RANGE 12 NEST, 1kM...t}fERSOFI COUNTY. WA~iCTON, AS fCl14YYS: TAX Na 1. SECTION 18, lOf<AVSt9P 24 NORTH. RANGE 12 NESt Wai., BFA1~ MORE PARiICUTARI.Y OF~COUNTY ROAD 6EGIHNNG AT A PONT 30A FEET EAST sURtiEY IaNt: sA~ Pt1MT sEx~tG z66.5 FEET N A NORIHME5IERCY DIRECRON FROM WHERE 5A01 SURVEY' CR055ES 5[x1f0Ft UNE 6ETN~EF21 Sr:CitONS 18 AND t9 WHERE SAID CWNTY ROAD SURVEY ANClFS DUE NORTH; TT#7iCE EAST 175 FEET: 1HEtICE KORTH 249.2 FEET; THQICE WEST 175 FEET 10 WIiFNN 30 FTET OF SAO? COUNIY ROAD ~~ 249.2 FT:Ei PARAl1FL01G SAID COtATTY ROAD THENCE SWiN ~ SURVEY TO POINT QF BE61NN6iG. 5/N) LANO BFJNG SITUATED N SOUITlFJ45T 1/4 OF THE SWTHNEST i/4 OF 5EC110N 14 1tWIE191E' 24 NORTTI, RANGE 12 WEST, W.M.; AW"O EIEg1111trIG AT P061T 30 FEET EASE OF' COUNTY ROAD SURVEY TA'E, SA10 FONT T3ERiG 280.5 FEEL N A HORTt1VIES1E16,Y 06iFxTIOt1 FR011 NF~AE srC stut4EY LfE CROSSES 1T1E sE:cTIDII LNE E~FNEFN SECDOt1s 18 AND 19 Wf~RE SAID sUSnE1' LiNE ANGLES ouE NQRTTT; TT6iTiCE EAST iT3.0 FEET TO A PAST YAOCN MARKS THE SOUTHEAST CORNER OF TAX Na 1 AS SAID TAX Na 115 DESCRi6FD N DEED RECOitOED JULY 24,1970 N 1rU111ME 129 CF DE~DS,'PAGES 272 AtC 257, AND NIOix1 L5, ALSO, 7FiE TRUE PCOiT OF BEgNNNC OF 1HlS PROPERTY pFSCi6P110N; THENCE EASE 174.8 tEET TO CONCRETE P05T` T1~T1CE NORTH 249.2 FTO;T' TD A THra1CE MFST 171,a FTE1' To TFrE NGRTT~u^T CORNER of rAX NO.1; TT~HCE souTH 2496 PFEf TU THE PANT' OP 6EC9eVNC. AlL N BECKON 16, TONNStMP 24 NORTH, RANGE 12 WEST, W.M. ALL SiTIUIlE N THE COUNiY OF JEfFER5d1, STALE OF WASHNGTOFt. REFNRNI+TCE SURVEYS: t) t3~ARY l1NE ADJUSil~iiT SURVEY AS RECOECED UNDER ATT1.495004 N Yq iJhE 28 OF SURVEYS, PACE 4S. ~ RECORD OF 511ftVEY AS REOORDED N YOLIHAr 19 OP 5URVEYS. PAGE 181. 9 F(}RE5 ~A, SON COUNTY S'~ 18