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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Dept: Development Services
Deny request for continuance
and disapprove the Final Map
for Tentative Tract 14112-
located northeasterly of the
intersection of Foothill Drive
and Sterling A venue.
MCC DATE: 5-16-05
Subject:
Date: May 4, 2005
ORIGINAL
File No: 11.03; TR 14112
Synopsis of Previous Council Action:
05/17/99Continued to August 16, 1999
08/16/99Continued to December 7, 1999
12/06/99 Continued to March 6, 2000
03/06/00Continued to June 5, 2000
06/05/00 Continued to September 5,2000
09/05/00Continued to December 4, 2000
12/04/00 Continued to March 5, 2001
03/05/01 Continued to June 4,2001
06/04/01 Continued to September 4, 2001
09/04/01 Continued to December 3,2001
12/03/01 Continued to March 4, 2002
Recommended Motion:
03/04/02 Continued to June 3, 2002
06/03/02 Continued to December 2, 2002
12/02/02 Continued to January 21, 2003
01/21/03 Continued to May 19,2003
05/19/03 Continued to August 18,2003
08/18/03 Continued to November 17, 2003
11/17/03 Continued to May 17,2004 .
05/17/04 Continued to November 15,2004
11/15/04 Continued to May 16,2005
That the Mayor and Common Council deny the request for continuance ofthe Final Map for
Tentative Tract No. 14112 and,
Disapprove the Final Map for Tentative Tract 14112.
J~6.~p-JP'
James Funk
Contact Person: Lvnn Parker Phone:
5110
4
Supporting data attached: Staff Report, Map and request for continuance Ward:
FUNDING REQUIREMENTS:
Amount: N/A
Source (Acct. No.) N/ A
(Acct. Description) N/ A
Finance:
Council Notes:
Agenda Item No. --3~
S/16/tJ3*
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CITY OF SAN BERNARDINO - UQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Deny request for continuance of Final Map for Tentative Tract No. 14112 and disapprove the
Final Map for Tentative Tract 14112-located northeasterly of the intersection of Foothill Drive
and Sterling Avenue.
Backl!round:
On November 7, 1990, the Planning Commission approved the Tentative Tract No. 14112, a 55-
lot, single family, residential subdivision.
On May 18; 1994, the Planning Commission authorized an extension of the time limit for
approval of the tentative tract map. An automatic two-year extension was granted according to
the provisions of Section 66452.11 of the Subdivision Map Act, which extended the approval date
to May 18, 1996. An additional extension was granted according to the provisions of Section
66452.13 of the Subdivision Map Act, extending the approval date to May 18, 1998. The
Planning Commission approved the fmal extension, extending the tentative map to May 18, 1999.
The Developer/owner requested that staff schedule Tentative Tract 14112 for fmal map approval
by the Mayor and Common Council. Because the final map and subdivision securities had not
been submitted by May 17, 1999, the Mayor and Common Council approved a motion to continue
the Resolution approving the final map to August 16, 1999.
On each of the dates listed below, the Mayor and Common Council approved a motion to
continue the Resolution approving the final map to the corresponding date listed below.
Date of Action Continued to Date of Action Continued to
August 16, 1999 December 7, 1999 March 4,2002 June 3, 2002
December 7,1999 March 6, 2000 June 3, 2002 December 2,2002
March 6, 2000 June 5, 2000 December 2,2002 January 21,2003
June 5, 2000 September 5, 2000 January 21,2003 May 19,2003
September 5, 2000 December 4,2000 May 21,2003 August 18,2003
December 4,2000 March 5, 2001 August 18,2003 November 17,2003
March 5, 2001 June 4,2001 August 18,2003 November 17,2003
June 4, 2001 September 4,2001 November 17, 2003 May 17,2004
September 4,2001 December 3,2001 May 17, 2004 November 17,2004
December 3, 2001 March 4, 2002 November 17, 2004 May 16, 2005
Prior to the action of the Mayor and Common Council on December 2, 2002, the City Engineer
and Senior Engineer informed the potential developer and property owner's representative of the
verbal comments expressed by members of the Common Council at the meeting of June 3, 2002,
expressing reluctance to grant any additional continuances and the possibility that there would be
no additional continuances for this tract beyond December 2, 2002. Also, staff informed the
developer and property owner of the need to prepare all required documents and necessary plans.
However, on December 2, 2002, the Mayor and Common Council approved another continuance
to January 21,2003 and have additionally approved continuances to May 16, 2005.
2
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT - continued
Since May 18, 1999, the property owner has failed to submit the documents required for approval
of the final map. The required documents include:
1. Bonds - Faithful Performance Bond - $1,820,000.00, Labor Material- $910,000.00, Guarantee
and Warranty Bond - $455,000.00, Staffing Bond - $17,000.00, Grading Bond - $852,000.00;
2. Fees - Street Light Electrical Energy Fee - $14,656.80, Street Improvement Plan Checking Fee
- $48,533.00, Final Map - $2,650.00, Grading Plan Checking Fee - $1,295.50, Traffic Signal
Modification Fee -$15,000;
3. Subdivision Agreement;
4. Original Final Map that is executed by the property owner and the Engineer;
5. Off-site improvement plan.
The above values are based on determinations made in 1999 and may be significantly higher in 2005.
Subsequent to the continuance granted by the Mayor and Common Council on May 17, 2004,
neither the Developer nor its Engineer contacted the Development Services Department. Please
note that all of the above-mentioned five items must be completed prior to the Mayor and
Common Council taking action to adopt the Resolution approving the Final Map.
As of May 4,2005, none ofthe five items listed above have been submitted for this project.
A letter requesting a continuance was received from the developer's attorney on May 4, 2005,
copy attached. The $75.00 continuance fee has been paid.
This map has been before the Council for the last six years and the developer/owner has made no
apparent attempt to provide anv of the items required for Council approval and recordation of the
map. Staff recommends that the request for continuance be denied. However, if the Mayor and
Common Council elect to approve another continuance, staff recommends that the additional
continuance be the final one. The Developer/owner has had a total of 15 years in which to
provide the necessary documents to record the map. The Council has been extremely generous in
granting continuance after continuance based on empty promises. The Developer/owner has not
provided any tangible evidence of his intention to record the map.
If this request for continuance is denied, Tentative Tract No. 14112 will expire and the Developer
will be required to submit a new tentative tract application ifhe wishes to proceed.
Financial Imoact:
There is no financial impact to the City.
3
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Recommendation:
That the Mayor and Common Council deny continuance of the Final Map for Tentative Tract No.
14112 and disapprove the Final Map of Tract No. 14112.
4
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Del?artment of Dev.e1opment ~e.n:ices
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VICINITY MAP
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LAW OF'P"ICES
YOUNG, HENRIE, HUMPHRIES & MASON
BEAT W. HUMPHRIES, .JR
0" COUNSEl..
May 4, 2005
UNION BANt< BUILDING
Ie. NOATH EUCL.lD AVENUE, SIECOND I"LOOR
po Q. .OX 3..
UPLAND, CALIFORNIA 81788-038.
(808) ezSt-z.. I
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,.ACSIMILE (.olin IM-..-oeg
.APt".... s. MASON
RANDAL P. HANNAH
RICHARD T. YOUNG
HOMER H. HENAIE
"ET'''EO
VIA FACSIKILB AND HARD-DBLIVBRY
(909) 384-5138
Fred Wilson, City Administrator
City of San Bernardino
300 N. nDn Street
San Bernardino, CA 92408
Re: Sterlina Heiahts Pro>>ertv - Tentative Tract #14112
Request for Continuance
Dear Mr. Wilson:
As the Planning Department records will reflect, we are the
attorneys for and are acting on behalf of the current owner of the
property known as Sterling Heights, Tentative Tract No. 14112.
The purpose of this letter is to request an extension of time
in which to post the necessary bonds and complete the recording of
the final map on Tentative Tract 14112. Our current extension
expires on Hay 16, 20QS.
The Developer, Victoria Homes and the engineer, Mapco, have
encountered continuing delays in the completion of the various
requirements, including problems with fire protection,
environmental concerns, fish and game, and related conditions. As
a result, the original timeline submitted by Mapco for completion
of the engineering has been further delayed. It is for this reason
that we find it necessary to request a further extension to
complete the engineering.
Victoria Homes will be submitting a separate letter setting
forth the current state of engineering and the reasons for request
of additional time. Substantial funds have been committed to the
project and the owners and developer do not wish to loose the map.
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Fred Wilson, City Administrator/City of San Bernardino
Re: Sterling Heights Property-Tentative Tract #14112
May 4, 2005
Page 2
It is requested by MCS Enterprises, LLC, the owner of the
Sterling Heights property, that the city Council grant an
additional six-month extension to comply with the Planning
Department's requirements.
It is respectfully requested that you place this matter on the
upcoming agenda for the City Council meeting scheduled for Monday,
May 16, 2005. Would you please have someone in your office confirm
the receipt of this request and that it will be placed ,on calendar
for the council meeting. victoria Homes will be submitting a
separate letter outlining the nature of the requested extension.
Concurrently herewith, we are submitting the necessary
extension fee of $75.00 to the City Clerk.
Very truly yours,
YOUNG, HENRIE, HUMPHRIES & MASON
RY S. MASON
Attorneys-for Owner
Sterling Heights Tentative Tract #14112
BSM:lva
Encls.
cc: Mike Grubbs, Acting Engineer, City of San Bernardino/Eng. Dept.
(Via Facsimile- 909/384-5573)
cc: Jim Praggastis, Victoria Homes
(Via Facsimile - 909/338-5111)
cc: Paul Osborne, Victoria Homes
(via Facsimile - 909/783-7863)
cc: David A. Mlynarski, Mapco
(Via Facsimile - 909/384-7475)
cc: James Funk, Director/ Development Services
(Via Facsimile - 909/384-5357)
cc: Lynn Parker, Senior Civil Engineer/public Works Dept.
(Via Facsimile- 909/384-5155)
F: \BSH\MCS\LtoCltyAdmln9
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~ITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk:, Director
Dept: Development Services
Date: November 9. 2004
File No: 11.03; TR 14112
Subject: Approve continuance of Final
Map for Tentative Tract No.
14112-located northeasterly of
the intersection of Foothill
Drive and Sterling Avenue.
Synopsis of Previous Council Action:
MCC DATE: 11-15-04
05/17/99 Continued to August 16, 1999
08/16/99 Continued to December 7,1999
12/06/99Continued to March 6, 2000
03/06/00Continued to June 5, 2000
06/05/00Continued to September 5, 2000
09/05/00Continued to December 4, 2000
12/04/00 Continued to March 5, 2001
03/05/01 Continued to June 4, 2001
06/04/01 Continued to September 4, 2001
09/04/01 Continued to December 3,2001
12/03/01 Continued to March 4,2002
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Recommended Motion:
03/04/02 Continued to June 3, 2002
06/03/02 Continued to December 2, 2002
12/02/02 Continued to January 21,2003
01/21/03 Continued to May 19,2003
05/19/03 Continued to August 18,2003
08/18/03 Continued to November 17, 2003
11/17/03 Continued to May 17, 2004
05/17/04 Continued to November IS, 2004
That the Mayor and Common Council approve continuance of the Final Map for Tentative Tract
No. 14112 to the meeting of May 16,2005.
~
Contact Person: Mike Grubbs
Phone:
5179
4
Staff Report and Map.
Supporting data attached:
Ward:
Council Notes: p~~:#'3{j
FUNDING REQUIREMENTS:
Amount: N/ A
Source (Acct. No.) N/ A
(Acct. Description) Nt A
Finance:
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Approve continuance of Final Map for Tentative Tract No. 14112-located northeasterly of the
intersection of Foothill Drive and Sterling Avenue.
Back2round:
On November 7, 1990, the Planning Commission approved the Tentative Tract No. 14112, a 55-
lot, single family, residential subdivision.
On May 18, 1994, the Planning Commission authorized an extension of the time limit for
approval of the tentative tract map. An automatic two-year extension was granted according to
the provisions of Section 66452.11 of the Subdivision Map Act, which extended the approval date
to May 18, 1996. An additional extension was granted according to the provisions of Section
66452.13 of the Subdivision Map Act, extenditig the approval date to May 18, 1998. The
Planning Commission approved the final extension, extending the tentat!ve map to May 18,1999.
Because the final map and subdivision securities had not been submitted on May 17, 1999, the
Mayor and Common Council approved a motion to continue the Resolution approving the final
map to August 16, 1999. On August 16, 1999, the Mayor and Common Council approved a
motion to continue the Resolution approving the final map to December 7,1999. On December 7,
1999, the Mayor and Common Council approved a motion to continue the Resolution approving
the final map to March 6, 2000. On March 6, 2000, the Mayor and Common Council approved a
motion to continue the Resolution approving the final map to June 5, 2000. On June 5, 2000, the
Mayor and Common Council approved a motion to continue this item to September 5, 2000. On
September 5, 2000, the Mayor and Common Council approved a motion to continue the
Resolution approving the final map to December 4, 2000. On December 4, 2000, this item was
continued to March 5, 2001. On March 5, 2001, this item was continued to June 4, 2001. On
June 4, 2001, this item was continued to September 4,2001. On September 4,2001, this item
was continued to December 3,2001. On December 3,2001, this item was continued to March 4,
2002. On March 4, 2002, this item was continued to June 3, 2002. On June 3, 2002, this item
was continued to December 2, 2002. On December 2, 2002, this item was continued to January
21,2003. On January 21,2003, this item was continued to May 19,2003. On May 21,2003, this
item was continued to August 18, 2003. On August 18, 2003, this item was continued to
November 17, 2003. On November 17, 2003, this item was continued to May 17, 2004. On May
17, 2004, this item was continued to November 15, 2004.
Prior to the action of the Mayor and Common Council on June 3, 2002, the City Engineer and
Senior Engineer informed the potential developer and property owner's representative of the
verbal comments expressed by members of the Common Council at the meeting of June 3, 2002,
expressing reluctance to grant any additional continuances and the possibility that there would be
no additional continuances for this tract beyond December 2, 2002. Also, staff informed the
developer and property owner of the need to prepare all required documents and necessary plans.
However, oD.December 2, 2002, the Mayor and Common Council approved a continuance to
January 21,2003.
2
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT - continued
Since May 18, 1999, the property owner has failed to submit the documents required for approval
of the final map. The required documents include:
1. Bonds - Faithful Performance Bond - $1,820,000.00, Labor Material- $910,000.00, Guarantee
and Warranty Bond - $455,000.00, Staffing Bond - $17,000.00, Grading Bond - $852,000.00;
2. Fees - Street Light Electrical Energy Fee - $14,656.80, Street Improvement Plan Checking
Fee - $48,533.00, Final Map -$2,650.00, Grading Plan Checking Fee - $1,295.50, Traffic
Signal Modification Fee - $15,000;
3. Subdivision Agreement;
4. Original Final Map that is executed by the property owner and the Engineer;
5. Off-site improvement plan.
Subsequent to the last continuance granted by the Mayor and Common Council, neither the
Developer nor its Engineer contacted the Development Services Department. Please note that all
the above-mentioned five items must be completed prior to the Mayor and Common Council
taking action to adopt the Resolution approving the Final Map.
As of November 9,2004, none of the five items listed above have been submitted for this project.
A letter requesting a continuance was received from the developer's attorney on November 9,
2004. According to the letter, it is believed that the project will be brought to a speedy conclusion
hereafter. The $75.00 continuance fee has been paid.
Financial Imoact:
There is no financial impact to the City.
Recommendation:
That the Mayor and Common Council approve continuance of the Final Map for Tentative Tract
No. 14112 to the meeting of May 16,2005.
4
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HO'I. 9.2004 2: zePM
Vl-H&I'I RTTORI'EYS
NO. 893
P.2/3
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LAW g"l'lc;ES
YOUNO. HENRIE, HUM..MRIES &. MAISON
__ .. "..004
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... NO"," CUCLlO A"._C. .ceONO ...._..
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"'..~ND. c.t\I.'P'OANIA .17.e-oa..
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November 9, 2004 P'''C.'N'LC~I.I..IM.
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vn .AC.nrrr... amt 1n.1In_D&rftalY
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Pred wilson, City Admini.trator
city of San Bernardino
300 .. On" Street
San BemarcUno, CA 92408
Il.. .t.rli.. ..igllt. Pr:op.rty - '1'.ntat:l.y. Tract .1t112
Reca..t lor CoDtiav.aace
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Dear Mr. Wilson:
A8 the planning Department recordS will reflect, we are the
attorney. for and are aot1Dg on ):)ehalf of the current owner of the
property known a. sterliDg Heights, Tentative Tract Bo. 1t112.
The purpose of this letter 18 to request an extension of ti_
in which to post the neeenary bond8 and complete the recordiAg of
the final map on Tentative Tract 14112. OUr Gun_t _t..10D
expir.. .o~.r 15, 2001.
I!
The Developer, Victoria Homes and the engineer, Mapeo. have
encountered continuing delays in the complet.ion of the various
requirements, including problems with fire protection,
environmental eoncerna, and related conditions. As. result, the
original timeline suJ:mLitted by Mapeo for completion of the
enerineeriDg has been delayed. It is for thie r...on that we find
it nec.ssary to reque.t a further extension to coft'l)lllte the
engineering.
Victoria Homes and Napeo will be sUbmitting separate letter.
setting forth the current state of engineering and the reason. for
request of additional time. Substantial funds have been committed
to the project a. a result of the retention of Napeo to complete
the engineering, and it is believed that the projeot will be
brought toa speedy conclusion hereafter.
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HOY. 9. 2EI04 2: 2ePM
.........M ATTORI'EYS
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pred willon, City Administrator/City of san Ber.nardiDO
ae: sterling Heights Property-Tentative Tract 11~112
Bovember ,. 200.
Page 2
It i. requelted by MCS Bnterprise., ULC, the owner of the
sterling Heights property, tbat the City council graDt the
extension requuted in the correspondence being eu1Ditted by
Victoria so.es an4 Napeo.
It is relpeetfully reque.ted that you place this 1II&tte~' on the
upcoa1ng agenda for the city Council _eting Icheduled for Moa4.y,
Hovember 15, 2004. WOuld you plea.e have .omeone in your office
confirm the receipt of this re~.t and that it will be placed on
calendar for tile council meeting. All DOteel, Victoda ROMI and.
Mapoo will be .ubmitting .eparate letters outlining the natu%e of
the requested extension. .
conourrently herewith, we are .ubllitting .the necessary
esten.lon fee of $75.00 to the City Clerk.
Very truly yours,
BUMPDIRS Ii 1lAS0II'
*<,~~~,
Tract 114112
BSM:lva
BIlels.
CCI Mike arubbs, Act:Log _ineer, city of SAA ..ma"ino/KDg. Dept..
(via 'ac.imile- 90'/3'.-5573)
cc I Jim p:r:aggalltis, victoria Homes
(via 'acsimile - '09/338-5111)
ec: paul osJ:lorue. Victoria Homes
(via Pacsimile - 909/783-7863)
co: David A. Mlynanki. Mapco
(Via Fac8iaile - 90'/384-7475
cc: Ja\ll88 Funk, Director/ Development S.2:Vice.
(via racJimile - 909/384-5367
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LAW OF'FICES
YOUNG, HENRIE, HUMF>HRIES & MASON
BARAY $. MASON
RANDAL P' HANNA....
UNION BANK BUILDING
18e NORTH EUCLID AVENUE, SECOND FLOOR
P. .0. eox 38'8
SERT W. HUMPHRIES, .JR.
OF COUNSEL
November 8, 2004
UPL.ANC, CAL.IF"ORNIA 8'7815-0398
UilOSt) 62Si11-Z 521
(gOg) Si114<;t-8540
FACSIMILE I~OSilJ V4Si11-8oesa
RICHARD T. YOUNG
HOMER H. HENRIE
VIA PERSOHXtR~ELIVERY
RACHEL CLARK, CITY CLERK
300 North "D" Street
San Bernardino 92418-0001
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Re:
Sterlina Heiahts PrODertv - Tentative Tract #14112
File No.: TR 14112
Request for Continuance
City Council Hearing Date: November 15, 2004
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Dear Ms. Clark:
In compliance with City Resolution No. 90-458, we are
forwarding to you the required payment of $75.00 to cover the
processing fee for the request for continuance which has been
submitted concurrently herewith to Fred Wilson, City Administrator.
Please acknowledge receipt of this letter and the payment of this
fee on the copy of this letter and provide us with a receipt for
payment. Please give these documents to our messenger for
forwarding to us.
Should you have any questions or need additional information,
please contact the undersigned at the above number or address.
Very truly yours,
YOUNG, HENRIE, HUMPHRIES & MASON
. ? ,J?7~
~SON
Attorneys for Owner
Sterling Heights Tentative Tract #14112
BSM:lva
Encls.
NO.3S
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F: \BSM\MCS\LtoCityClerk3
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CITY OF SAN BERNARDINO
MISCELLANEOUS CASH RECEIPT
No.730870
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Received From:
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I ACCOUNT NO.
AMOUNT
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CXI-a:o- <I?P3
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De rtment: Ct CLLJIUC Total
uatomer; Canal}l-Cashier; Pink-Department; GoIdenrod-Depl, Numeric Control
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CITY IF SAN BEINIRDIMl CASIIIERIMi
tH asTIJER RECEIPT tH
9!lerl zmz Typel II: Drlllerl 1
Dahl 11/11114 81 Receipt nOI 39812~
Description aunUty AlOunt
SF IIISC SNlRT FDRIl
1738878 1." f75."
Tender debil
DI DED< - .. ~ f75."
Total tendered f75..
Tobl llIyltnt f7S.88
Trins dahl 11/89/14 Tim 1~119185
tH TIIlN( YOO FOR YOOR PAYIENT IN
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YOUNG HENRIE HUMPHRIES & MASON
ATTORNEYS COST ACCOUNT
188 N EUCLID AVE,
P.O. BOX 388
UPLAND, CA 91785-ll398
8342
DATE
11/08/04
90-3414/1222
PAY
TO THE
ORDER OF
CITY CLERK
$ 75.00
***SEVENTY-FIVE DOLLARS AND 00/100******************************************* A ~__
DOLLARS W ==-_
.
Tentative Tract CITIZENS
1114112 109!5N=I::..~~'1787
FOR Req. for Cont. Fee - Sterling Heights
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