HomeMy WebLinkAboutItem 3.3 ApprovalFMTr4929 (2) CITY OF DUBLIN
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 12, 1984
SUBJECT Approval of Final Map - Tract 4929
EXHIBITS ATTACHED Resolution - Acceptance of Final Map;
Resolution - Park Land Deposit; Tract Developer
M. Contract; Letter of Credit; Reduced copy of Tentative- Map
RECOMMENDATION U `: Approve Resolutions Accepting Final Map Tract 4929
Accept a Deposit in Lieu of Land for Park Land
Dedication ( $4 , 000)
FINANCIAL STATEMENT: None at this time.
Staff ' s time is being paid by developer for processing
and inspection . After acceptance of improvements,
property owners will maintain the new street as a
private street under a recorded maintenance agreement.
DESCRIPTION Improvement plans and the Final Map for Tract 4929
, have been reviewed and found to be in conformance
with the Tentative Map and conditions approved by
Alameda County for 8 lots located off Betlen Drive at
the extension of Dillon Way.
A subdivision agreement, securities and fees have been
submitted guaranteeing the construction of improvements
within the subject tract.
ITEM NO. COPIES TO: Developer
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTANCE OF FINAL MAP
TRACT NO. 4929
WHEREAS, the Final Map of Tract No. 4929 in the incorporated
territory of the City of Dublin, State of California has been presented
to this City Council for approval, all in accordance with the provisions
of the Subdivision Map Act of. the State of California and the Ordinance
Code of the County of Alameda, as adopted by the City of Dublin; and
WHEREAS, the Developer, Dilsville (a partnership) has executed.
and filed with this City Council a contract to improve Tract No.• 4929 in
accordance with the Final Map of said Tract No. 4929, the Tract
Improvement Plans and the specifications attached thereto;• and
WHEREAS, said contract is secured by a letter of credit-in the .
amount of ($147, 000 . 00 ) which, by its terms, is made to inure to the City .
of Dublin, conditioned upon the performance of said contract; and
WHEREAS,. said contract is secured by a bond in the amount of
( $73 , 500 . 00 ) which, by its terms, is made to inure to the benefit of
laborers and materialmen upon such work and' improvements, conditioned
upon the payment of such laborers and materialmen for labor performed or
material furnished under the terms of said contract;
NOW, THEREFORE, BE IT RESOLVED that said contract and bonds be
and they are hereby approved, and the Mayor of this Council be and he is •
hereby authorized and directed to execute said Contract on behalf of the
City of Dublin; and
BE IT FURTHER RESOLVED that the Final Map of Tract No. 4929 be
and the same is hereby approved; and that. Inclined Place as shown on said
map, be and it is hereby rejected as a City Road, and that those strips
of land designated as "P .U.E. " or "Public Utility Easement" , "S .D.E. " or
"Storm Drain Easement" , as offered for dedication to public use in
conformity with the terms of dedication, be and they are hereby rejected;
and that the Clerk of this City Council be and is hereby directed to
transmit said map to the County Recorder for filing.
PASSED, APPROVED -AND ADOPTED this 12th day of March, 1984 .
AYES:
NOES: - .. .•
ABSENT:
Mayor ,
ATTEST:
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City Clerk • .
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPT DEPOSIT IN LIEU - TRACT NO. 4929
WHEREAS, pursuant to Section 8-7 .1 of the Subdivision 'Ordinance -
of Alameda County, as adopted by the City of Dublin, each subdivider of
land classified by the Alameda County Zoning Ordinance for residential use
shall, as a condition to the approval of a Final Subdivision Map, dedicate
or reserve lands, pay fees in lieu thereof, or a combination of both, for,
park and/or recreational purposes ; and
WHEREAS, in its action on the Tentative Map of the subject
tract, the Planning Commission of the County of Alameda did determine in
accordance with Section 8-7 . 1 of the aforsaid Subdivision Ordinance that •
a fee in lieu of land dedication for park and recreational facilities is
to be paid, said fee to be used for the development of park and recreational
facilities within a period of five years from the date of adoption of this
resolution to serve the residents of the subject tract; and
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WHEREAS, the City Engineer is in receipt of a remittance amount .
as prescribed in accordance with Section „8-7 . 6- of the aforesaid Subdivision
Ordinance, furnished by the tract developer and identified as follows:
Tract: 4929
Subdivider: Dilsville (a partnership)
Amount: $4 , 000
NOW, THEREFORE, BE IT RESOLVED that the aforesaid remittance is
hereby accepted as performance of said subdivider' s obligation under
Section 8-7 .1 et seq. of the aforesaid Subdivision Ordinance; and.
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BE IT FURTHER RESOLVED, that the City Engineer of the said City
of Dublin is hereby authorized and directed to convey said remittance to the
aforesaid named park district upon approval of the Final Map for the
aforesaid tract by this City Council. •
. PASSES, APPROVED AND ADOPTED THIS 12th day of March, 1984 .
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AYES:
- NOES: _: ....
ABSENT:
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- Mayor . •
-ATTEST:
City Clerk
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. CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT -
This agreement is made and entered into this • • day of • • .
. 1983 , by and between the City of Dublin, a municipal corporation ,
hereinafter referred to as"CITY" , and EdL — 4A.zcLt . .DZ\
hereinafter referred to as "DEVELOPER" .
W I T • N E S S • E T H
. WHEREAS , it has been determined by the City Council`-of the Citc_ -
Dublin, State of California , that DEVELOPER, as a subdivider, desires to - i
• improve and dedicate • .Tract .4929 . : . in accordance with the requirements
and conditions set forth within the City of Dublin Planning Commission
Resolution No . 81-41 adopted on . 10/22/81 ; the requirements of the
Subdivision Map Act of the State of California and the Subdivision f
• Ordinance of the City of Dublin; and those .certain plans and specifications
for said development approved by 'said City Council, and now on file in the
. office. of the City Engineer , which are hereby referred to for a more
'definite and distinct description •of the work to be .performed under this -_
Agreement . as though set forth at .length herein; and .
• WHEREAS , Developer intends to complete-lete- the required
.'improvement within the time hereinafter specified , and city intends to
accept Developer ' s offer( s ) of. . dedication of said improvement ( s ) • in
consideration for Developer ' s satisfactory ..performance of the terms and -
conditions of this Agreement :
NOW, THEREFORE, in consideration of- the mutual promises , conditions
and covenants herein contained, the parties agree as follows :
1 . . Completion Time . Developer will commence the work recuired b-:
this Agreement within thirty ( 30 ) days following the date on which Ci=
. execute-s this Agreement . Developer shall complete said work not later than
three hundred sixty-five ( 365 ) days following said date of execution. Ti--e
is of the essence in this Agreement . Upon completion, Developer shall
furnish City with a complete and reproducible set of final as-built plans , :
includins any authorized mod-ifications . 1
2 . Bonds. Furnished. Concurrently with the execution of this
Agreement , Developer shall .furnish City with a Faithful Performance Bond -
and a Labor and Materials Bond. Each bond—shall be in a form prescribed
City, and shall be issued - by a company duly and legally licensed to conduc_ -
a general surety business in the State of California. Each bond shall -
become a part of this Agreement .
a. Faithful . Performance Bond. Developer shall furnish City
:with . a, -bond conditioned upon the faithful performance of this Agreement ,
said bond to be in the penal sum of $147 ,000.00.
b. Labor andt-Materials Bond.- -Developer shall furnish City
•:with_a ,.bond conditioned upon payment of all claims for . labor and .materials
:.used or . .consumed in the performance of this Agreement. Said bond shall
.comply with the laws of the State of California, and with Title 15, -Pa '_ f`:. • 1
`Division 3 of the Civil Code of the State---of California .-. (commencing with --
Section 3082 ) . Said bond shall be in the penal sum of $ . 73 , 500.00 . - -
... .: : , . 3. Insurance Required. Concurrently with the execution of this -
Agreement , Developer shall turnish City with evidence of insurance co,,-ere
as specified below. .
a. . Worker ' s Compensation Insurance: Statutory coverage as
required . to cover the lull liability of Developer in accordance with . te
provisions of Division IV of the Labor Code of the State. of California, anc
an employer ' s liability insurance coverage with a limit - of not less than
$100 ,000 per occurrence to cover any claims arising from employment not
Covered by worker ' s compensation laws . - .
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b . Comprehensive General Liability Insurance . Minis; or,
limits of liability shall not be less than $1 ,000 ,000 per-- occurrence
combined single limit bodily injury and property damage coverage ; any
deductible provision shall not exceed $1 ,000 per claim, and each and every
. policy- must contain a cross liability or severability of interests clause .
c . Comprehensive . Automobile . Liability Insurance . Minimum
- - limits of liability shall be not less. than $1 ,000,000 per occurrence '-
- combined single limit bodily injury and property damage coverage ; coverage
shall include- owned, non-owned , and hired vehicles , and each and ever- -
-policy must contain a cross liability of severability of interests clause .
d. Other . Requirements . ` All insurance policies shall be
issued by a company legally licensed—to transact .business in the State of '
California , shall be 'issued at Developer' s own cost and expense ,'. shall be
maintained by Developer in full force and effect during the ' life 'of this
. - contract , .': and must have an "A.M. BEST" rating of B+, X or better. • All •
. certificates of insurance shall' name the City and its officers , , agents and
employees as additional 'insureds , shall contain a provision that a written_
. :notice of cancellation or reduction in coverage shall be furnished the City --
'.:, ( 10 ) . :ten. days in advance of the 'effective date thereof, and shall state"
.: ; that'`such coverage is primary to any other coverage, of City.
4. Work Performance and Guarantee . - Developer shall secure the
services of those skilled in the trade , profession, or calling necessary to
-. perform the work to be accomplished under the terms of • this contract , and
-.shall " guarantee and maintain the work for a period -. of. one .(1 )' year
:. ..following : the completion and acceptance thereof against any defective
: workmanship or defective materials furnished in the performance of this
' ;Agreement , - and shall guarantee and maintain' the work for a period of one
.- .( 1 ) .. year -;following the completion and acceptance thereof against any
_ defective workmanship or defective materials furnished in the .performance
of this contract , and any acceptance of the' work by City will not operate
- . as -a release to Developer or Developer ' s bondsmen from the aforesaid
-.., . guarantee . - . .
5 . Insoection . of . the .Work. Developer shall guarantee free access
to City through its City Engineer and his designated representative for the '
safe and convenience inspection of the work throughout its construction.
Said City representative shall have the authority to reject all materials _
and workmanship which are not in accordance with the plans and
specifications , and all . such materials and/or work shall be removed -
.promptly by Developer and replaced to the satisfaction, of City without any
expense to City in strict accordance with the improvement plans and
specifications .
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-' 6 . Agreement .Assignment . . This Agreement shall. not be assigned by
Developer without the written consent of City. .
7 .' " : 'Abandonment of. -Work. If the work to be - done under this -
: Agreement is abandoned, or if this .Agreement is assigned by Developer
,'-.'without. .written consent of City, or if City . through its City . .Engineer __
: determines that the said work or any part thereof is being unnecessarily or
:: unreasonably delayed or that Developer is willfully violating any of the -
`conditions or covenants of this Agreement or is executing this Agreement in -
bad faith, the City shall have the authority to order .Developer to
discontinue all work or any part thereof under this Agreement , and -
Developer shall cease to continue the work or such part thereof as City
. maydesignate , and CITY shall thereupon have the power to obtain by
Agreement ," purchase , rental or otherwise , all labor, equipment , and
• materials deemed necessary to complete the work and to 'use such materials
as may be found upon the line of such work. Developer. ,and his sureties
, shall be liable for all expenses incurred by City for—the acquisition 'and
use of such labor, equipment , and materials . '
8. Use of• S"treets or Improvements . At all times prior to the
'final acceptance of the work by City, the use of any ",Or 'all .streets and
improvements within the work- to be performed under. :this- 'Agreement '-shall be
,:,. at-,'the sole and exclusive risk a-f Developer." . The issuance of any -
_ building .
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or occupancy permit by City for dwellings located within the tract shall
not 'be construed in any manner to constitute a partial or final acceptance
or approval oft any or all such improvements by City . Developer agrees- that
City ' s Building OLficial may withhold the issuance of building or occupauc.
permits when the work or its progress may substantially and/o.,-
detrimentally affect public health and safety.
9 . .. Safety Devices . Developer shall provide and maintain such
guards , watchmen , fences , barriers , regulatory signs , warning lights , and
other safety devices adjacent to and on the •'tract site as may be necessary •
to prevent accidents to the public and damage to the property. Develeee--
shall furnish, place , and maintain such lights as may be :necessary ?or
illuminating the said fences , barriers , signs , .and other safety...devices .
At the end • of all - Work to ' be • perforMed under this Agreement , all fences ,
barriers , regulatory signs , warning lights , and other safety devices . •
(except such safety items as may be shown on the plans and included in the
items of. work) shall be removed from site of the work by the Developer, and
the entire site left clean and orderly. . •
. , 10 . .'-. Acceptance •of 'Work. Upon notice of the completion of all •
tract :work and the delivery of a set of final as-built plans ,to . City by
Developers , : City, • through its . City Engineer or his = 'designated .; -
representative , shall examine the tract work without delay, - and,., if 'found - -
to be :in accordance with said plans and specifications and this Agreement ,
Shall -accept the work and notify Developer or his designated agents ._of such . • .
acceptance . . . . . . .
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11 . Wage . Rate . Developer, his prime contractor, . and all
subcontractors performing the work or any portion thereof: .. :'•
_' a . Prevailing ' Salary or -Wage. . Developer shall .:pay all
workmen ' employed by them on said work a salary or wage at - least equal to.
:the. prevailing salary ' or wage for the same quality of service rendered to . -::-
private persons , firms or corporations under similar . employment ; : . which - - .
salary or-:Wage shall not . be less than the general prevailing rate of per .-_
diem "wages for 'work of a. similar character : in the locality in which .the
work., is , performed , • and not -less than the general prevailing .rate . of per diem wages for legal holidays and overtime work , and which salary, or wa=e
shall be not less than the stipulated rates contained in a schedule thereof
which has been ascertained and determined by the Director of the Deparrtmenc
of Industrial Relations , State . of California, and which is now on file with
the Alameda . County Public Works Department and by reference incorporated
herein, and made a part hereof .
b. Working •Hourse and •Overtime .Wages . Developer agrees and
understands that eight hours labor shall constitute a day' s work. for any
one calendar day on said work, and that no workman employed by Developer on
the work . or any . part thereof shall be . . required_ . or permitted .:..to • work.
thereupon.more than eight (8) hours in any one calendar. day,' and.'fort (40) _{=
hours ..in any. one calendar week unless such workman is :compensated:.fcr. all
hours':worked in excess of eight ( 8) ..hours per _day or forty::(40)._hours , per
week at a .:rate 'not . less than one and. one-half ..(1 11½) times . his basic :rate - .-•of• pay :::-.:-..••••
_. : c.-: Record , •of Hours' •Worked. -Developer -shall 1:`keep :-.an •.. - .
accurate record showing the names and actual hours worked of - allworkers _
employed by. him on the _ said work', which record shall be open at . all
reasonable hours to the inspection of. the City or . its agents , and '_to the -
Chief , of the 'Division of ' Labor Statistics and Law . 'Enfcrcement of the
Department of Industrial Relations , his . Deputies or agents . - . . .
-':' - - ..: •12 .- . Labor •Code Penalties . Developer shall forfeit to CITY, as a
-penalty, - the sum of twenty-five dollars ( $25.00) : (a) for each workman on , •
said work who is required or permitted to labor more than eight .(8) . hours . •
in any one calendar day or forty (40 ) hours In anv one : calendar ' week in
violation of the provisions of Article 3 of Chapter -1 of Part :7 of Division .
2 .of .the Labor Code of the State of California; and (b) - for .each workman. on . -
said .work employed for each calendar day, . or portion .thereof, - who. .is paid
...less .than the said stipulated rates for work done under this -Agreement in
1,v'iolation bf the provisions of Article . 2 .of Chapter 1 of Part.:7 of .Division
2:.of :the Labor Code 'of the State of California: _ •
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_ - ,,.: ..'.-- _,•:r`,'L -.:rte _ _ _ - _ - __ n":5._ .'r--7:7-11-----r•--,...+ ,.:<. .;-., =: . :'li- . .
Z # '-' ry-SSA.' 'j}' 'i�•}`x.`y."..,., .` ,.� ^3� ,.,• .f..T `r�- ..�"� �']y! r u_t' _
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�`E xN"*.A�c 4.4d"sP.�W, t rk .T i - rrs�`y{ s_^- ,r- _ k'";°afYt1-a 4.: 'v-''1 m,y -4 -
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- i-.1!. ; . 13 . Affirmative Action. No discrimination shall be` -made in the,
„,,,,i,-,.-,
'.-i- ioyment of persons under this Agreement because of the race:, ' religious
;reed, col-or , national origin, ancestry , physical handicap , medical
:ondition,- marital status , or sex of such persons , except as provided in
section 1450 of the Labor Code of the State of California. Any violation .
)f.•this requirement will subject Developer to all the penalties imposed for
i violation of Chapter 1 of Part 7 of Division 2 of the aforesaid Labor
:ode . - .
14. Patent and Copyright Costs . In the event that said plans and .
specifications require the use of any material , process or publication
Thich is subject to a duly registered patent or copyright , Developer shall _-
)e liable for, and shall indemnify City from, any fees , costs or litigation
!xpenses , including attorneys ' fees and court costs , which may result from
:he use of said patented or copyrighted mate:ial , process of publication.
15. Alterations in Plans and Specifications . Any alteration or
alterations made in the plans and specifications which are a part of . this "
4reement . or : any provision of this Agreement shall not operate to release
iny• surety or sureties from liability on any bond. or bonds attached hereto -
and made -a - part hereof , and consent to make such alterations - is ' hereby -- --_-
;iven, and =the "sureties to said bonds hereby waive the provisions : of -- -
iection 2819 . of the Civil Code of the State of California. - .
16 . Liability. ' _:.
a . Developer Primarily Liable . • Developer. Shall :' .be -' ..1
-- - -
:-eSponsible for any and all loss , accident , neglect , .: injury or damage -to
Jerson, life or property which may be the result -of or may be caused by . -
;onstruction, operations , or execution of this Agreement , and for which - ;. -
:ity- might be held liable . Developer shall protect and indemnify- the- City. -
3f;:Dublin, _the City Council , the City Engineer and/or any officer , agent or .
�mp-loyee of the City, and save them harmless in every way from all suits or - -
ietions at law for damage or injury to persons , life or property that may : -
?rise or be occasioned in any way because of construction operations : or -
?xecttion of this Agreement .
b . Design Defect . If , in the opinion of the City, a design
defect in the work of improvement becomes apparent during the course of
construction, or within one ( 1 ) year following acceptance by the City of
the.:improvements , and said design defect , in the opinion of the City, may -
substantially impair the public health and safety, Developer shall , -:.upon
orderby .the City, correct said design defect at his sole cost and expense,-. . ". ......... a.
and the `sureties .under the Faithful Performance and Labor and Materials _ -----
Bonds shall. be liable to the City for the corrective work required.° .: •;:-- .: -
= c - Litigation Expenses . In
the he -event . hat :legalaction is: ; `
instituted ;by ,either_:-party to this Agreement , and-:said = action:"seeks damages
for. breach f : this. Agreement or seeks to specifically `enforce-:the terms of
this 'Agreement, - and in.-the event judgment .is entered in..said: action, the
prevailing .party' shall :be :entitled: to recover.. its attorneys ' fees and 'court
costs :,
:.. :., - : : 1111 .
=.IN.-WITNESS WHEREOF, ...the parties hereto have executed this Agreement
.n duplicate at Dublin .California, the day and year first = b
aove w n
ritte
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'
_ CITY OF DUBLIN
Y
Mayoi
City Clerk =
.04'..1 DEVELOPER -
t oL 2vzv\ 'cs BYE,- .- . t../loom
0:. i 3,..---.7--;, w ---;''...1!: , _ _ Page .4
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Tri-Valley National Bank
February 15, 1984 Letter of Credit
Tract 4929
Lee Thompson
City Engineer
City of Dublin
P.O. Box 2340
Dublin, CA. 94568
For the account of Dilsville we hereby pledge that the aggregate sum
of $220,500 is on deposit and guaranteed for payment to secure the
faithful performance of the agreement dated the 15th day of February,
1984, between the City of Dublin and Dilsville, and to secure payment
to the contractor, his subcontractors and to persons furnishing
labor, materials or equipment to them pursuant to said agreement,
in accordance with Sections 66499 et seq. of the Government Code of
the State of the State of California.
We hereby authorize you to draw on us up to the sum of $147,000
available by your draft at sight accompanied by your signed statement
certifying that Dilsville has defaulted or has not faithfully
performed under said agreement, including the installation of the
improvements, or the correction of design defects and defective -
agreement for a period of one year after acceptance of the improvements
by the City Council.
We hereby acknowledge that any cause of action to recover the amount
due laborers and materialmen shall be against Tri-Valley National
Bank up to the sum of $73,500 in accordance with Section 66499.10 of .
the Government Code of the State of California.
6543 Regional Street P.O.Box 2518 Dublin,California 94568 415-828-3500
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Draft must be drawn and negotiated not later than fourteen months
subsequent to the date of acceptance by the Board of Supervisors
of the improvements of Tract No. 4929. If not so drawn and
negotiated on or before said date, this letter shall terminate
automatically and be of no further force and effect. However,
the City Engineer may partially release the security when in
his judgment sufficient security continues to cover the remainder
of the work and the guarantee period.
Very truly yours,
TRI-VALLEY NATIONAL BANK
By
Diane Culpepper, i e 'resident
DILSVILLE
By Cu'L-4) i, ref
D.. :). D 'lb
(
By,
Edw.rt Galiie'r •
By __
Dear ' Conrad
By/'`� � l Cfi1i( mot/_
Gary Van evanter
On this the - - 5th day of March, 1984,
Notarization before me, Kay Keck, the undersigned Notary
Public .ersonall . . .eared David Dalby and
"t - OFFICIAL SEAL Edward Galigher
State of California + $"/`1`NA KAY KECK
County of Alameda t=;{ 'NOTARY PUBLIC COUNTY
TARY N
t'- .
- - `' ;V= 'My Comm.Expires Noy.11,
1986 e1 4/: 4 eijk f
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• State of California On this the %
5th day of March 19 84 ,before me,
Alameda SS. T..•.J. Mc Cut cheon
County of
S.
the undersigned Notary Public, personally appeared
OFFICIAL SEAL -
.` ,. T. J. McCUTCHEON ' Diane Culpepper
.1".' NOTARY : ❑ personally known to me a
I 1 r NL1' ALAMEDA COUNTY
"O°"' My Comm Expires Dec.18,1987
, — — Xli5Xproved to me on the basis of satisfactory evidence
to be the person(s)who executed the within instrument as fi
Vice President or on behalf of the corporation therein . N -
named,and acknowledged to me that the co'.. ation executed it.
KN
g1 WITNESS my hand and official seal.
\ ■�. 5-1c)1 e, 4 5••\ Notary's Sig um 0
(/111111./!llllllllrl./ll.Jl,/llll_ l./lll.,/lJ 111111...111,/llJlll. !lllllll./-lllll✓l,/lllllllllllll!!!!111111
CORPORATE ACKNOWLEDGMENT FORM 7120 052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•Woodland Hills,CA 91364
•
State of California On this the 7th day of March, - 1984
County of Alameda - before me, Kay Keck the undersigned
.Notary Public, personally appeared
' OFFICIAL SEAL 1 .. Gary Vandevanter (proved to me on the
"" KAY KECK basis of satisf�lctcry evidence)
G3q NOTARY PUBLIC•CALIFORNIA s
i ALAMEDA COUNTY
--`=— My Comm.Expires Nov.1986; WITNESS my hand and official seal
Nota ' s Signature •
•
State of California On this the 7th day of March, 1984
County of Alameda before me, Kay Keck the undersigned
Notary Public, .personally appeared -
Dennis Conrad (proved to me on the
OFFICIAL SEAL basis of satisfactory evidence
KAY KECK
T.05;,. NOTARY MEDACOUNlIFrORNIA WITNESS my hand and official seal •
s .o My Comm.Expires Nov. 11, 1986
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TENTATIVE MAP
\,,,,, . SUBDIVISION 4929
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CALIFORNIA
' \\/7 SCALE I 40 JULY 10,1981
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