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AHA-2015-001 RESOLUTION NO. AHA 2015 -001 A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY AUTHORIZING THE SALE OF REAL PROPERTY BY THE ANAHEIM HOUSING AUTHORITY TO CEDAR CLEN INVESTORS; FINDING THAT SAID SALE IS CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND ANY AND ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION AND IMPLEMENT THIS RESOLUTION. WHEREAS, the Anaheim Housing Authority ( "Housing Authority ") is a public body, corporate and politic, organized and existing under the Housing Authorities Law (commencing at Section 34200 of the California Health and Safety Code; herein the "Housing Authorities Law "), and authorized to transact business and exercise the powers of a housing authority in the territorial jurisdiction of the City of Anaheim ( "City ") pursuant to action of the City Council ( "City Council ") of the City; and WHEREAS, the Housing Authority is the owner of that certain 47 -foot wide, irregular - shaped, unimproved real property consisting of approximately 10,229 square feet, which is located on the west side of Chippewa Avenue at the west end of Crescent Avenue and generally depicted on the map attached hereto as Exhibit A and more particularly described on Exhibit A -1, attached hereto and incorporated herein by this reference (the "Property "). The Property was formerly a part of the Interstate 5 freeway on- and off -ramp; and WHEREAS, the Housing Authority desires to sell the Property to Cedar Glen Investors (the "Purchaser ") pursuant to subdivision (b) of Section 34312.3 of the California Health and Safety Code so that it can be assembled with land owned by the Purchaser and used to provide parking for an existing 235 -unit apartment complex; and WHEREAS, the Purchaser proposes to acquire the Property from the Housing Authority pursuant to the terms and provisions of a Purchase and Sale Agreement and Joint Escrow Instructions in the form presented at this meeting (the "Purchase Agreement "); and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Governing Board of the Housing Authority finds and determines that the proposed sale of the Property is within that class of projects (i.e., Class 12 — Surplus Government Property Sales) which consist of the sales of surplus government property, and that, therefore, pursuant to Section 15312 of Title 14 of the California Code of Regulations, the sale of the Property pursuant to the Purchase Agreement will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, after publication of notice as required by law, a public hearing has been duly held by the Governing Board of the Housing Authority on the proposed sale of the Property by the Housing Authority to the Purchaser in accordance with the terms and provisions of the Purchase Agreement; and WHEREAS, the Governing Board of the Housing Authority has duly considered all of the terms and conditions of the Purchase Agreement. as set forth in the agenda report presented to it and any testimony received at the meeting at w hxc tim matter was considered. and believes that the activities described therein are in the best interests of the Housing Authority and the City and the health, safety. morals and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements: and WHEREAS, the Governing Board of the Housing Authority determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Governing Board of the Housing Authority expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE. THE GOVERNING BOARD OF THE ANAHEIM HOUSING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The foregoing recitals are incorporated into this Resolution by this reference and constitute a material part of this Resolution. Section 2. The Governing Board of the Housing Authority hereby approves the sale of the Property to the Purchaser for the sum of $40,000.00 through escrow in accordance with the terms and provisions of the Purchase Agreement. Accordingly, the Governing Board of the Housing Authority hereby finds and determines that the terms and provisions of the Purchase Agreement between the Housing Authority and the Purchaser with respect to the sale of the Property to the Purchaser, in the form as submitted by the Executive Director, are approved. Section 3. The Purchase Agreement shall be executed on behalf of the Housing Authority by the Chairman of the Authority ( "Chairman ") or the Executive Director of the Authority, and shall be attested by the Secretary of the Housing Authority ( "Secretary "). Section 4. The Executive Director of the Housing Authority is hereby authorized and directed to perform any and all duties and to execute and deliver any and all documents, maps, deeds, agreements, and instruments which, in consultation with the City Attorney (or his duly authorized designee), he may deem necessary or advisable in order to effectuate the purposes of this Resolution and to administer the Housing Authority's obligations, responsibilities and duties to be performed hereunder. Section 5. The proceeds of the sale of the Property, net of the cost of sale, are hereby authorized and directed to be used directly to assist a housing project pursuant to Section 3412.3 of the California Health and Safety Code for persons of low income. THE. FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE GOVERNING BOARD OF THE ANAHEIM HOUSING AUTHORITY THIS 21st DAY OF Ap 2015, B THE FOLLOWING ROLL CALL VOTE: AYES: Vice Chairman Kring, Council Members Murray, 13randman and Vanderbilt NOES: None ABSTAIN: None ABSENT: Chairman Tait ANAHEIM HOUSING AUTHORITY 0 44.2 CHAIRMA ATTEST: ,„,0 •tAIL SECRETARY OF THE ANAHEIM HOUSING AUTHORITY 104965/TReynolds 3 EXHIBIT "At' MAP DEPICTTING THE PROPERTY . [Behind this sheet.; 4 : EXHIBIT LEGAL DESCRIPTION OT THE PROPERTY . . [Behind this sheet. 5 _> &2 § �} Aa /p \/ tai \c- 17/ r- x »« =7 § » }R - i \ \\ / E� m0 § - - -I 22 t a a j §q '\ x o /« CA IR \ \j ` \ / = h m � � m \ CO CO \ �t\ax �� / \ \ % §� R§ a � m \ § k � c § %x §gi & 2 \ d \ - § \ §f . ® � 2 Is-- 2 » m <m (1) > / \ ®�k 8 § d X e r k k� �� - v 2 f E k 0- > li . \ K \ \ > \ s § , 0 . m -I a 0 / -f \ § 2 r .. 1 § / } L)# N a & gy § > K d 01 0 .G{ v, /§@ k \�\ % ¥§ ° 7w -0 / \\% H OH $ 2 2 ~ k § _ § () %1 %I ) §o // $§ 2 d � §i k I ,... , / /2 \/§ S av S2 �Zƒ� . , -$ % :DE k� 2 / / 2 �. \ \ 2 /% - \ � o / � S ° z. k� \ � ¥ S § § * 6oR� • I >1 CA - ID o \ 2 , }\ \f \ I cr } \ \ \ - m 1 = } � � • \ 2� \ \! \ 0 ! \ \� a \ " \ 20 m \ A .� ®\ , ' \ \ / \ . , \5 , % \ \\ , L , w H � ~ / FT / I \ $ \ , � / : e jj w . ,r \ / / ^ 2 } \/ ; a m > % \ \ � ` /T I / P. . 1 . // m ch II }/ \ � i \ƒ � I )� \ � \ � \/ / rn |' \ | z 2 } 2 > zae.N) ®� | g %m . ^ E}\ \ y � � � G o > i \ \ ;� ` s \ �� » \$, ,�\ — m m � -I/ \ y ~ � « §/ 1 @A « \ ) \ / « \, . , x \ / +' \ /® \ \ \ ' + ® w )\ \ ? 1 CZ:, » ,, « ) \/ « . ) � PPR22 0 & f > , / ; \ { c-, a C !� EWA U • / , — « % \ / z �CENTERLINE a c AVENUE ! ` , i 9i /4 * 60 EXHIBIT "A -1" LEGAL DESCRIPTION OF THE PROPERTY [Behind this sheet.] 5 LEGAL DESCRIPTION LAND TO BE OBTAINED FROM THE ANAHEIM HOUSING AUTHORITY BY NATH PROPERTY SOLUTIONS ALL OF PARCEL 1 AND THAT PORTION OF PARCEL 2 LYING NORTHERLY OF THE WESTERLY PROLONGATION OF THE CENTERLINE OF CRESCENT AVENUE, COMMENCING AT THE INTERSECTION OF CRESCENT AVENUE AND CHIPPEWA STREET AS SHOWN ON TRACT NO. 3095, AS PER MAP RECORDED IN BOOK 122, PAGES 24 AND 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, AND TERMINATING IN THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LAND DESCRIBED IN DEED RECORDED JANUARY 13, 2004 AS INSTRUMENT NO. 20004000033749, OFFICIAL RECORDS OF SAID COUNTY AND STATE. PARCELS 1 AND 2 ARE DESCRIBED AS FOLLOWS: PARCEL 1. THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN THE BUREAU OF LAND MANAGEMENT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACQUIRED BY THE STATE OF CALIFORNIA BY DEED (STATE PARCEL A196) RECORDED AUGUST 13 1958 IN BOOK 4380, PAGE 390 OF OFFICIAL RECORDS, /N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE WESTERLY PROLONGATION OF THAT COURSE DESCRIBED AS NORTH 89'4823" EAST 90.00 FEET IN SAID DEED, AND WESTERLY OF A LINE PERPENDICULAR TO, AND PASSING THROUGH, THE EASTERLY TERMINUS OF SAID COURSE DESCRIBED AS NORTH 89'48'23" EAST, 90.00 FEET BOUNDED SOUTHWESTERLY BY THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED RECORDED JANUARY 15, 2004 AS INSTRUMENT NO. 2004000033749 OF OFFICIAL RECORDS,. AND EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED /N PARCEL 6 OF THAT CERTAIN RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN THE CITY OF ANAHEIM, ROAD VII—ORA -5 -38.6 -41.9 REQUEST NO. 307 RECORDED DECEMBER 3 1964 IN BOOK 7329, PAGE 848 OF SAID OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM, ALL 0 /L, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, 0/L OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED 01? DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQU IP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS, OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL AI/NE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 100 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED OR OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAY BE CONSTRUCTED ON SAID LANDS, AS EXCEPTED IN DEED (STATE PARCEL ,4196) TO THE STATE OF CALIFORNIA RECORDED AUGUST 13, 1958, IN BOOK 4380, PAGE 390 OF OFFICIAL RECORDS. 6 0,L LAN cr a (` . c Prepared by HILLWIG — GOODROW, INC.: SCALE: ` 31407 Outer Hwy. 10, Redlands, CA 92373 (888) 626 -5137 * No. 5137 * FILE NO.: 635 -001 EXP. 6 -30 -15 , `r <9TF' 3 3///5 DATE: NOVEMBER 2013 OF CAL LA C. HILLWIG, PLS 5137 DATE SHEET 1 OF 3 LICENSE EXPIRES: 6 -30 -15 TOGETHER WITH THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO LOS COYOTES, AS SHOWN ON MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, BOUNDED ,4S FOLLOWS: BOUNDED SOUTHERLY BY THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO ORANGE COUNTY TRANSPORTATION AUTHORITY IN DEED RECORDED JANUARY 15, 2004 AS INSTRUMENT NO. 2004000033749 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, BOUNDED SOUTHWESTERLY BY THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED JANUARY 15, 2004 AS INSTRUMENT NO. 2004000033749 OF OFFICIAL RECORDS,. AND BOUNDED EASTERLY BY THE FOLLOWING DESCRIBED LINE COMMENCING AT THE INTERSECTION OF CRESCENT AVENUE AND CHIPPEWA STREET AS SAID INTERSECTION IS SHOWN ON TRACT N0. 3095, AS PER MAP RECORDED IN BOOK 122, PAGES 24 AND 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE ALONG THE CENTERLINE OF 54ID CRESCENT AVENUE S 89' 05' 56" E 114.57 FEET; THENCE PERPENDICULAR TO 54I0 CENTERLINE S 00' 54' 04" W 30,00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID CRESCENT AVENUE, SAID POINT BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING THE 1 BEGINNING OF A CURVE TANGENT TO SAID SOUTHERLY LINE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 112.00 FEET, THENCE WESTERLY 20.02 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10' 14' 31", THENCE S 80' 39'33" W 55.09 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 74.00 FEET, THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY 141.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 109' 51'19 THENCE N 10' 30' 52" E 64.18 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 112.00 FEET; THENCE NORTHERLY 20.01 FEU ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10' 14'16" TO A POINT OF TANGENCY WITH A LINE PARALLEL WITH AND DISTANT WESTERLY 32.00 FEET, FROM THE CENTERLINE OF SAID CHIPPEWA STREET, SAID POINT BEING PERPENDICULAR TO SAID CENTERLINE AT A POINT BEING LOCATED N 00' 16' 36" E 12716 FEET DISTANT ALONG SAID CENTERLINE, FROM THE INTERSECT/ON OF CRESCENT AVENUE AND CHIPPEWA STREET. EXCEPTING THEREFROM THAT PORT/ON INCLUDED WITHIN THE LAND DESCRIBED IN PARCEL6 OF THAT CERTAIN RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN 171E CITY OF ANAHE /M, ROAD VII- ORA- 5 -J8.6 -41.9 REQUEST N0. 307 RECORDED DECEMBER 3, 1964 IN BOOK 7329, PAGE 848 OF SAID OFFICIAL RECORDS. PARCEL 2: ANY PORTION OF THE FOLLOWING DESCRIBED PROPERTY WHICH WOULD PASS BY OPERATION OF LAW" THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO LOS COYOTES, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, SAID PORTION BEING A PORTION OF THAT LAND DESCRIBED IN EASEMENT DEED FILED JULY 3 1970 IN BOOK 9337, PAGE 333 IN THE OFFICE OF THE RECORDER OF SAID COUNTY. o LA ND CD 7 `/ I �' 0 Prepared by HILLWIG — GOODROW, INC.: SCALE: 31407 Outer Hwy. 10, Redlands, CA 92373 (888) 626 -5137 -k No 5137 FILE NO.: 635 -001 EXP. 6 -30-15 ler" 47,6 •-eii /�\� C - 3 /5/// 5 DATE: NOVEMBER 2013 F pr cM..\ ALAN C. HILLWIG, PLS 5137 1 DATE SHEET 2 OF 3 — LICENSE EXPIRES: 6 -30 -15 TOGETHER WITH A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN THE FEDERAL BUREAU OF LAND MANAGEMENT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACQUIRED BY THE STATE OF CALIFORNIA BY DEED ENTITLED "STATE PARCEL ,4196" RECORDED AUGUST 13 1958 IN BOOK 4380, PAGE 390 OF OFFICIAL RECORDS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID PORTION LYING SOUTHERLY OF THE WESTERLY PROLONGATION OF THAT COURSE DESCRIBED AS "NORTH 89' 48'23" EAST, 90.00 FEET" IN SAID DEED. TOGETHER WITH THAT LAND DESCRIBED IN PARCEL 6 OF THAT CERTAIN RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN THE CITY OF ANAHEIM, ROAD V// -ORA -5 -38.6 -41.9 REQUEST NO. 307 RECORDED DECEMBER 3, 1964 IN BOOK 7329, PAGE 848 IN THE OFFICE OF THE RECORDED OF SAID COUNTY 54I0 PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE CENTERLINE INTERSECTION OF CRESCENT AVENUE AND CHIPPEWA AVENUE (FORMERLY CHIPPEWA STREET) AS SHOWN ON TRACT MAP NO. 3095 FILED IN BOOK 122, PAGES 24 AND 25 OF MISCELLANEOUS MAPS IN THE OFF /CE OF THE RECORDER OF SAID COUNTY,. THENCE ALONG THE CENTERLINE OF SAID CRESCENT AVENUE, NORTH 89' 05'56" WEST 39.79 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED IN THAT CERTAIN DEED TO 77/E ORANGE COUNTY TRANSPORTATION AUTHORITY FILED JANUARY 15, 2004 AS DOCUMENT NO. 2004- 00003749 IN THE OFFICE OF THE RECORDER OF SAID COUNT (HEREINAFTER "OCTA DEED2, AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERL /NE NORTH 89' 05' 56" WEST 2512 FEET THENCE LEAVING SAID CENTERLINE SOUTH 00' 54' 04" WEST 40.00 FEET TO THE NORTHERLY LINE OF THAT LAND DESCRIBED IN EASEMENT DEED FILED JULY 26, 1972 IN BOOK 10242, PAGE 943 IN THE OFFICE OF THE RECORDER OF SAID COUNTY,. THENCE ALONG SAID NORTHERLY LINE NORTH 89' 05'56" WEST 99.79 FEET, THENCE LEAVING SAID NORTHERLY LINE, NORTH 00' 54' 04" EAST 60.00 FEET, THENCE SOUTH 89' 05'56" EAST 4.96 FEET TO THE WESTERLY LINE OF THAT LAND DESCRIBED IN SAID EASEMENT DEED FILED IN BOOK 9337, PAGE 333 IN SAID COUNTY; THENCE ALONG SAID WESTERLY LINE NORTH 00' 16'36" EAST 10.00 FEET:. THENCE NORTH 89' 05'56" WEST 89.67 FEET; THENCE NORTH 44' 05'56" WEST 21.21 FEET; THENCE NORTH 00' 54' 04 EAST 2.00 FEET TO THE NORTHERLY LINE OF SAID EASEMENT DEED; THENCE ALONG SAID NORTHERLY LINE SOUTH 89' 05' 56" EAST 216.85 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY H AVING A RADIUS OF 1500 FEET; THENCE EASTERLY ALONG SAID CURVE AND NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 10' 04'44" A DISTANCE OF 2.64 FEET TO SAID EASTERLY L /NE OF SAID OCTA DEED; THENCE ALONG SAID EASTERLY LINE, SOUTH 10' 30'52" WEST 368 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 74.00 FEET, THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE AND SAID CURVE, THROUGH A CENTRAL ANGLE OF 34' 35'20" AN ARC DISTANCE OF 44.67 FEET TO THE TRUE POINT OF BEGINNING. r . 1. ✓_A C' H / C� SG / a 1 al_ o Prepared by HILLWIG — GOODROW, INC.: SCALE: 31407 Outer Hwy. 10, Redlands, CA 92373 (88B) 626 -5137 * No. 5137 / * FILE NO.: 635 -001 �� EXP. 6 -30 -15 zn G�Z/ Co G d.-4 3/50,5 DATE: NOVEMBER 2013 l F OF cm-vc — � ALAN C. HILLWIG, PLS 5137 DATE SHEET 3 OF 3 LICENSE EXPIRES; 6 -30 -15