865 Robin Ln. (89-11)
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(
CITY OF CAMPBELL
RECiIVCf)
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
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Public Worlu/Enginoering
Department: Planning
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Randy Hensel
865 Robin Lane
Campbell, CA 95008
December 19, 1989
PM 89-11
APPROVAL OF TENTATIVE PARCEL MAP
LANDS OF HENSEL
APN: 404-29-10
SITE ADDRESS: 865 Robin Lane
The Planning Director and the Public Works Director have approved the
referenced Tentative Parcel Map based upon the mandatory finding that
this Tentative Parcel Map, together with the provisions for its design and
improvement, is consistent with the General Plan of the City of Campbell.
The final map shall be filed with the City Engineer for examination, approval
and recordation in accordance with the provisions of the Subdivision Map Act.
This approval is subject to the attached conditions.
APPROVED BY THE PLANNING DIRECTOR
ON December 20, 1989
~p~,
Steve Piasecki ,Planning Director
APPROVED BY THE CITY ENGINEER
ON December 20, 1989
(yj{ del () uW~
nald C. Wimberly, Direc r of Public Works
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Attachment
CITY OF CAMPBELL
Approval subject to the following conditions:
Public Works:
1) . Process and file a parcel map.
2). Execute an agreement to install street improvements upon demand
by the Public Works Director.
3). Pay a fee of $2,717.00 in lieu of dedicating land for parks.
4) . Pay storm drain area fee of $1,558.00.
5). Eliminate the mutual access easement to provide each parcel a
driveway for its' exclusive use.
6). Provide unrestricted access to the rear lot by relocating the anchor
wire in the southerly driveway.
Planning:
7) . Tin shed and wood shed to be removed prior to final map approval.
CITY OF CAMPBELL
MEMORANDUM
From:
Bill Helms
Engineering Manager
Jim Penoyer 4. tQ
Engineering Technician
December 5, 1989
To:
Date:
Subject:
Hensel Parcel Map
865 Robin Lane, APN 404-29-10
----------------------------------------------------------
The conditions of approval of the attached parcel map require some
commentary.
I am recommending the payment of a storm drain area fee absent any
evidence of whether they have previously paid such a fee or not. The lpt
was created in 1946 by Tract No. 307 and annexed to the City in 1979 under
the MORGA Act. I assume that the consensus of opinion among City staff is
to collect the fee unless either the City or the applicant has evidence
that the fee has been paid. I do not personally agree but.....
I am not recommending the installation of street improvements as a
condition of app~oval. The nearest improvements are too remote for any
useful purpose to be served by installing street improvements across this
short frontage now. It might even be hazardous.
It appears unlikely that street improvements will be installed in the
immediately surrounding area in the near future. The attached sketch,
showing the zoning, indicates that this is the only lot in the area that
is large enough to subdivide and the neighborhood is fully developed with
, substantial single family residences. This aint Crockett Avenue. These
homes are likely to remain for a considerable time to come. Consequently,
I see no persuasive reason to require a bond. It gives me no comfort to
penalize the subdivider with the nuisance of contributing, annually, to an
insurance company to cover an event that will not happen as far as the eye
can see into the future.
There is a joint pole on the lot line between this lot and the one to the
south with an anchor to the north that restricts the access to the
driveway. I donlt see how construction vehicles and/or moving vans could
access the rear lot through this driveway if these facilities are allowed
to remain. This is an unprecedented condition of approval and you may want
to review it in the field.
To:
Steve Piasecki
Planning Director
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CITY OF CAMPBELL
MEMORANDUM
December 5, 1989
Date:
From:
Donald Wimberly
Public Works Director
Subject:
Hensel Parcel Map
865 Robin Lane, APN 404-29-10
This office recommends approval of the attached parcel map sUbject to the
following conditions:
1. Process and file a parcel map.
2. Execute an agreement to install street improvements upon demand
by the Public Works Director.
3. Pay a fee of $2,717.00 in lieu of dedicating land for parks.
4. Pay sto~m drain area fee of $1,558.00.
5. Eliminate the mutual access easement to provide each parcel a
driveway for its' exclusive use.
6. Provide unrestricted access to the rear lot by relocating the
anchor wire in the southerly driveway.
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'TO:
City Clerk
PUBLIC WORKS FILE NO.
5 ill< s
-1
33
Please collect & receipt
for the following monies:
35-3396
ACCT. ITEM AMOUNT RECEIPT NO.
$
3372
3521
3521
3521
3372
Project Revenues (specify project)
Public Works Excavation Permit Fees:
Application Fee
Plan Check Deposit
Faithful Performance (Cash) Deposit
R-1:
( $ 35 )
Other:
($ 50)
($500)
(100% of)
(ENGR. EST)
(4% of FPB)
($500 min.)
(7% of FPB)
($ 35 min.)
Other Cash Deposit (specify)
($200)
Plan Check & Inspection Fee
3373 Project Plans & Specifications ($10)
3373 General Conditions, Standard Provisions &
Details ($10 or $l/page)
3373 "No Parking" signs ($l/ea. or $25/100)
3373 Work Area Traffic Control Handbook ($5)
3373 Traffic Flow Map ($10)
3380 Traffic Data Services ($40/hr. + material costs)
3373 Map Revisions to Map Companies ($10)
3373 Copies of Engineering Maps & Plans ($,50/sq. ft.)
3520 Fire Hydrant Maintenance ($195/ea,)
3372
3370
3395
Tentative Parcel map Filing Fee ($350)
Final Parcel Map Filing Fee ($300)
Tentative Tract Map Filing Fee ($400)
Final Tract Map Filing Fee ($350)
Lot Line Adjustment Fee/Certificate of Compliance ($350)
Vacation of Public Streets and Easements ($500)
Assessment Segregation or Reapportionment
First Split ($500)
Each Additional Lot ($150)
Environmental Assessment:
Categorical Exemption ($500 plus actual cost
Negative Declaration above $500)
Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res.,
$2,060; all other, $2,250)
Park Dedication In-lieu Fee per Unit ($1,132)
--:> S-'[. ~ ~/ ZXJ~
3380 Public Works Special Projects
3510 Postage
PERMITTEE
NAME OF APPLICANT "'-Rct 'l ct I I ( e n 5c..- J - If ItV' q C~!t I n Y/ PHONE 2)..1 ~::;- / /1
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ADDRESS
FOR
CITY CLERK
ONLY
TOTAL
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North American Title Company
3190 SOUTH BASCOM AVENUE, STE. 155
SAN JOSE, CALIFORNIA 95124
(408)879-0122
IICIIVID
NOV 22 1989
Public Worb! Engin..rlnD
DATE NOVEMBER 8, 1989
ORDER NO. 2002860
ERA HILL & ASSOCIATES
1540 PARKMOOR AVENUE SUITE "C"
SAN JOSE, CA 95128
294-3977
ATTN: RANDY HENSEL
05 COPIES C/O 560-04 5
BUYER/BWR: HENSEL
PROPERTY ADDRESS:
865 ROBIN LANE
CAMPBELL, CA 95008
--------------PRELIMINARY REPORT--------------
IN RESPOOSE 10 'DiE ABOVE REFERENCED APPLICATIrn FCR A POLICY OF TIllE INSURANCE, N:R'lli AMERICAN TITIE
a:MPANY, INC., HEREBY REPCRTS 1HAT IT IS PREPARED 10 ISSUE, CR CAUSE 10 BE ISSUED, AS OF 'DiE DAlE
HmEOF, A POLICY CR POLICIES OF TIllE INSURANCE FRCM 'IRANSAMERICA TIllE INSURANCE CXl1PANY, A
CALIFmNIA ~TIrn, DESCRIBrn:; 'DiE LAND AND 'DiE ESTAlE CR :rN:IffiEST '!HEREIN HEREINAFIm SET FCR'lli,
INSURrn:; AGAINST LOSS ~IQi MAY BE SUSTAINED BY RE'.ASCN OF ANY DEFECI', LIEN CR ENClMBRANCE NJI' SHCAYN
<R REF'ERRED 10 AS AN EXCEPITrn BE:I.a\l CR NJI' EXCllJDED FRCM OOVERAGE PURSUANT 10 1HE PRINI'ED SQiEDULES,
CCtIDITIrnS AND STIPUlATIOOS OF SAID POLICY FmM.
'DiE PRINI'ED EXCEPTIOOS AND EXCIlJSIOOS FRCM 'DiE OOVERAGE OF SAID POLICY ill POLICIES ARE SET FCR'lli IN
EXHIBIT 'A' ATIAOIED. COPIES OF 'DiE POLICY F'C'm1S SHaJLD BE READ. TI-IEY ARE AVAILABLE FRCM 'DiE OFFICE
~IQi ISSUED nus REPOOT.
1HIS REPCRT (AND ANY SlJPPI.fl1ENI'S ill AMENIl1ENI'S 1HERE'IO) IS ISSUED SOLELY FCR 'DiE PURPOSE OF
FACILITATIN; 'DiE ISSUANCE OF A POLICY OF TIllE INSURANCE AND NJ LIABILI'IY IS ASstMD HEREBY. IF IT IS
DESIRED '!HAT LIABILTIY BE ASstMD PRICR 10 'DiE ISSUAOCE OF A POLICY OF TITIE INSURANCE, A BINDER ill
CCM1I'IMENI' SHCllD BE RECp'SIED.
DATED AS OF 7:30 A.M. OCTOBER 12, 1989
MARY MAIER
(ESCROW OFFICER)
North American Title Company
THE FORM OR FORMS OF POLICY OF TITLE INSURANCE CONTEMPLATED BY
THIS REPORT IS:
California Land Title Association Standard Coverage Policy - 1973
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR
REFERRED TO COVERED BY THIS REPORT IS:
FEE SIMPLE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED
IN:
SALLY R. SCOBEY, TRUSTEE, U.D.T. DATED JUNE 10, 1981
PAGE 2
2002860
North American Title Company
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SANTA CLARA, CITY OF CAMPBELL AND IS DESCRIBED AS
FOLLOWS:
ALL OF LOT 14, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "TRACT
NO. 307 UNIT NO.1, SAN AQUINO", WHICH MAP WAS FILED FOR RECORD
IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE
OF CALIFORNIA, ON MAY 27, 1946 IN BOOK 10 OF MAPS, AT PAGE 37.
ASSESSORIS PARCEL NUMBER: 404-29-010
PAGE 3
2002860
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TO: City Clerk
PUBLIC WORKS FILE NO.
, (~'"9
Please collect & receipt
for the following monies:
35-3396
ACCT. ITEM AMOUNT RECEIPT NO,
$
3372
3521
3521
3521
3372
Project Revenues (specify project)
Public Works Excavation Permit Fees:
Application Fee
Plan Check Deposit
Faithful Performance (Cash) Deposit
R-1:
($ 35)
Other:
($ 50)
($500)
(100% of)
(ENGR. EST)
(4% of FPB)
($500 min.)
(7% of FPB)
($ 35 min.)
Other Cash Deposit (specify)
($200)
Plan Check & Inspection Fee
3373 Project Plans & Specifications ($10)
3373 General Conditions, Standard Provisions &
Details ($10 or $1 /page)
3373 "No Parking" signs ($1 lea. or $25/100)
3373 Work Area Traffic Control Handbook ($5)
3373 Traffic Flow Map ($10)
3380 Traffic Data Services ($40/hr. + material costs)
3373 Map Revisions to Map Companies ($10)
3373 Copies of Engineering Maps & Plans ($.50/sq. ft.)
3520 Fire Hydrant Maintenance ($195/ ea.)
3372
3372
3372
3372
3372
3372
3372
3372
Tentative Parcel map Filing Fee ($350)
Final Parcel Map Filing Fee ($300)
Tentative Tract Map Filing Fee ($400)
Final Tract Map Filing Fee ($350)
Lot Line Adjustment Fee/Certificate of Compliance ($350)
Vacation of Public Streets and Easements ($500)
Assessment Segregation or Reapportionment
First Split ($500)
Each Additional Lot ($150)
Environmental Assessment:
Categorical Exemption ($500 plus actual cost
Negative Declaration above $500)
Storm Drainage Area Fee per Acre (R-1, $1,875; Multi-Res.,
$2,060; all other, $2,250)
Park Dedication In-lieu Fee per Unit ($1,132)
I ';-5"8 ~ /37~
''27 ) ''} ~I/"-' "/~ F /
3380 Public Works SpeCial Projects
3510 Postage
TOTAL
..6 .~
$ -r, 27 J F-
PERMITTEE
NAME OF APPLICANT kO<:.\..tH <"v ~ ;!~nJ -{I
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ADDRESS 1114 !fa L-U, -Ita? n It \9 ,
FOR
CITY CLERK
ONLY
C!)M
Ke~j E\,~j;
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2-? 7'"' 7 (.,.0 /
ZIP 75;)... 5'
PHONE
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~Q.~~~~~NI
THIS AGREE~NT (identified as No. Snks 33) made and entered
into this , 't day of h b{,IA"~ ' 19 <to, by and
between SALLY R. SCOBEY, Trustee U. .T.,dated June 10. 1981
hereinafter referred to as "Owner," and the CITY OF CAMPBELL, a
municipal corporation of the County of Santa Clara, State of
California, hereinafter referred to as "City."
WHEREAS, City granted conditional approval of Parcel Map PM
89-11 to create two lots on property described as Lot 14 on
that ceratain map labeled Tract No. 307 recorded in Santa Clara
County Book 10 of Maps at page 10 and commonly known as 865
Robin Lane in the City of Campbell, which property is
hereinafter referred to as "said real property";
WHEREAS, compliance with the terms and conditions of this
agreement are conditions to the final approval of above
described application to subdivide the property;
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED
APPROVAL, and satisfaction of the conditions to that approval,
(1) Owner shall provide, construct and/or install at
his own proper cost and expense, public street improvements as
described in section 11.24.040 of the city code when owners or
their successors are notified to do so by the City Engineer;
(2) All of said improvements shall be constructed and lor
installed within twelve (12) months from the date that Owners,
or their successors, are notified by said City Engineer to do
so; provided, however, that in the computation of said 12
months period, delays due to, or caused by acts of God, viz.,
unusally inclement weather, major strikes, and other delay
beyond the control of Owners shall be excluded.
It is expressly understood and agreed to that if Owners
shall fail to complete the work required by this Agreement
within the said 12 month period, the City, after after giving
ten (10) days' written notice thereof to Owner, or his
successors, may construct and/or install said improvements and
recover the full cost and expense thereof from Owners, or their
successors.
It is further expressly understood that the purpose of this
agreement is to defer construction of the above-mentioned
improvements until some future date more conducive to the
overall needs of the City of Campbell. In keeping with this
understanding, the right of the City to give any of the notices
specified herein in section (2) of this agreement to install
such improvements, or to require construction or installation
of such improvements, or to install such improvements itself
and recover the costs thereof shall not be barred by the
passage of time or delay by the City, but shall remain open and
enforceable indefinitely and forever. It is also understood
that the passage of time or any delay caused by the City shall
not relieve the Owners, or their successors, from performance
under this Agreement r but that the Owners, and their
successors, shall remain bound indefinitely and forever. Any
increased construction or preparation costs caused as the
result of the passage of time shall be the responsibility of
the Owners, and their successors.
Nothing herein shall be deemed to prohibit construction of
said improvements prior to notice by the City Engineer to
construct or install such improvements, provided that prior to
such installation, all of the provisions of Section (3) shall
be satisfied.
(3) Owner, or his successors, shall cause to be prepared
at his cost and expense improvement plans for the construc-
tion and/or installation of said improvements prior to such
construction or installation. Said plans shall be prepared by a
civil engineer registered by the State of California and
submitted to the City Engineer for examination and approval.
All of said improvements shall be constructed and/or
installed in accordance with those plans approved by the City
Engineer and shall be made under the supervision and inspection
and to the satisfaction of the City Engineer. Said
construction and/or installation shall be in accordance with
the existing ordinances and resolutions of the City of Campbell
and to all plans, specifications, standards, sizes, lines and
grades approved by the City Engineer, and all State and County
statutes applicable thereto. Upon completion and acceptance of
the improvements by City, Owner, or his successors, shall
provide reproducible as-built plans to the City Engineer.
(4) The construction work of the improvements embraced by
this agreement shall be done in accordance with the specifica-
tions of the City of Campbell and Sanitation District No. 4 of
Santa Clara County, where indicated.
(5) Prior to approval of the plans by the City Engineer
pursuant to Section (3) of this Agreement, Owner, or his
successors, shall pay to the City for examination of
improvement plans, field inspection of construction of
improvements and all necessary expenses incurred by City in
2
connection with said improvements, a sum in the amount of seven
percent (7%) of the estimated cost of the improvements at the
time of construction.
(6) Owner, or his successors, shall file with City, prlor
to approval of the plans by the City Engineer, surety
acceptable to the City to insure full and faithful performance
of the construction of all the aforementioned improvement work,
excluding sanitary sewers and water distribution system. Said
surety shall guarantee that Owner, and his successors, will
cQrrect any defects which may appear in said improvement work
within one (1) year from the date of acceptance of the work by
City and pay for any damage to other work resulting from the
construction thereof, as well as pay the cost of all labor and
materials involved. This surety shall remain in effect until
one (1) year after date of final acceptance of said
improvements by City. Said surety amount may be reduced by the
City Engineer after the date of final acceptance to not less
than twenty-five (25) percent of its full value.
(7) Upon final release of said surety by City, the
obligations of Owner, and his successors, contained in this
Agreement shall be considered null and void.
(8) When called upon by City to do so, Owner, or his
successors, will execute a petition for the formation of any
special assessment district created pursuant to any special
assessment act as provided in the Streets and Highways Code of
the State of California created for the purpose of constructing
and/or installing any or all of said improvements.
(9) Owner, or his successors, shall participate in and
become a part of any special assessment district as described
in paragraph (8) of this Agreement.
It is expressly understood that any obligations of Owner,
or his successors, contained in this Agreement that are
accomplished to the satisfaction of said City Engineer by said
special assessment district shall be considered null and void.
(10) Owner, or his successors, shall make such deposits
or file such bonds and enter into such agreement as required by
Sanitation District No. 4 of Santa Clara County to insure the
installation of a sanitary sewage system to serve said real
property, and Owner, or his successors, shall file with City,
upon execution of this Agreement, a letter from said Sanitation
District No.4 stating that Owner, or his successors, have made
such deposits or filed such bonds and entered into such
agreements.
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(11) Owner, or his his successors, shall pay to Pacific Gas
and Electric Company any and all fees required for installation
of underground wiring circuit to all electroliers within said
real property when Owner, or his successors, is notified by
either the City Engineer or the Pacific Gas and Electric
Company that said fees are due and payable. Owner's, and his
successors', obligations under this section shall not be
relieved by delay or the passage of time, but shall remain
binding indefinitely and forever.
(12) Owner, or his successors, shall make such deposits
or file such bonds and enter into such agreement as required by
San Jose Water Company when called upon to do so to insure the
installation of a water distribution system to serve said real
property, including fire hydrant. Owner's, and his
successors', obligations under this section shall not be
relieved by delay or the passage of time, but shall bind Owner
and successors indefinitely and forever.
(13) Any easement and right of way within or without said
real property necessary for the completion of the improvements
shown upon aforesaid improvement plans shall be acquired by
Owner, or his successors, at his own cost and expense. It is
provided, however, that in the event eminent domain proceedings
are required for the purpose of securing said easement and
right of way, Owner, or his successors, shall deposit or cause
to be deposited with City a sum covering the reasonable market
value of the land proposed to be taken and to be included in
said sum shall be a reasonable allowance for severance damages,
if any. It is further provided that in addition thereto such
sums as may be required for legal fees and costs, engineering
and other incidental costs shall be deposited with the City.
(14) Owner, or his successors, shall carry out any and
all negotiations with all interested parties and shall perform
or cause to be performed at his own cost and expense and to the
satisfaction of the City Engineer any and all work required to
abandon, remove, raise, lower, relocate and otherwise modify
irrigation line or lines within the boundary of said real
property.
(15) To the fullest extent permitted by law, Owner, and
his successors, shall indemnify, defend and hold the City of
Campbell, and its agents, employees, attorneys, officers,
officials and assignees harmless from any and all claims,
damages, losses and expenses, including, but not limited to,
attorneys' fees, arising out of, or resulting from any
negligent or intentional act or omission (including misconduct)
of said Owner, or his successors, or any subcontractor, or
anyone directly or indirectly employed by him, or anyone for
4
whose acts any of them may be liable ln the course of
performance of the Agreement.
The Owner, and his successors, shall also indemnify, defend
and hold the City of Campbell, and its agents, attorneys,
employees, officers, officials, and assignees harmless against
and from any and all claims, demands, liabilities, losses,
lawsuits, judgments, damages, costs and expenses (including,
but not limited to, attorneys' fees and court costs, whether
incurred at trial, appellate or administrative levels) which
the City of Campbell may incur or suffer, or to which the City
of Campbell may be subjected resulting from the failure of
Owner, or his successors, or his agents, employees,
subcontractors, or anyone performing services under him, to
fulfill any of the obligations imposed under this Agreement.
(16) It is acknowledged that the provisions of this
Agreement constitute covenants for the improvement of the
subject real property for the mutual benefit of Owner's
property, commonly known as 865 Robin Lane and the City's
property, commonly described as Robin Lane where it adjoins
Owner's property. These covenants shall be considered to affect
rights in the above-described real properties, and shall be
binding on the heirs, assigns, successors, and grantees of
Owner to said real property.
(17) Nothing contained herein shall be construed to transfer
any unvested interests in real or personal property for
purposes of the rule against perpetuities.
(18) In the event that Owner, or his successors, should
breach any of the terms, conditions, or covenants of this
Agreement, the City shall be entitled to recover, in addition
to any other relief available in law or equity, all costs
incurred in attempting to obtain enforcement of the Agreement,
or compensation for such breach. These costs shall include
reasonable attorneys' fees and court costs.
(19) This is the entire Agreement between the parties, and
there are no representations, agreements, arrangements or
understandings that are not fully expressed herein.
5
(20) This Agreement can be executed in counterparts by the
parties hereto, and as so executed shall consist of one
agreement, binding on all the parties.
IN WITNESS WHEREOF, said City has caused its name to be
affixed by its Mayor and City Clerk, who are duly authorized by
resolution of the City Council, and said Owner has caused his
name to be affixed the day and year first above written.
CITY OF CAMPBELL
John Ashworth, Mayor
Barbara Olsasky, City Clerk
APPROVED AS TO FORM:
OWNER:
4~lfo~~
U.D.T. Dated June 10, 1981
William R. Seligmann,
City Attorney
(General)
ST ATE OF CALIFORNIA
COUNTY OF ",,5 c..., /-r;. cia. ,rc",
} SS.
I On
State, personally appeared
~
before me, the undersigned, a Notary Public in and for said
SCl' b .e.(j
W
It
W
I:
w personally known to me (or proved to me on the basis of satisfactory evidence)
~ to be the person _ whose name S J.. P subscribed
~ to the within instrument and acknowledged that sA e.-
ll)
t executed the same,
WITNESS my hand and official seal.
Signatur~ ~'-..I<_ . lJ. j(~'
SA' cJ
... C1l1d rc.... LJ. I( e lV/I"
Name (Typed or Printed) (J--
OFFICIAL SEAL
SANDRA D KEELING
NOTARY PUBLIC - CALIFORNIA
SJ\NTACLARA COUNTY
My comm. expires APR 2, 1993
OFC-2056
(This area for official nOlarial seal)
6