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Home My WebLink About10-Development Services i ".._u .' , , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Dept: Development service{) r; " ...: I 'j '.: ; L Subject: Resolution ofIntention: Proposed vacation of portions of Rosewood Drive, between Orchard Drive and Tippecanoe Avenue and Orchard Drive, south of Rosewood Drive Date: August 14,2002 Synopsis of Previous Council Action: File No. 15.30-369 MCC Date: 09-09-2002 07/15/02 - Authorization to proceed was given for the proposed vacation of portions of Rosewood Drive, between Orchard Drive and Tippecanoe Avenue and Orchard Drive, south of Rosewood Drive and Plan No. 10503 was approved Recommended Motion: Adopt resolution. -h=~ Contact person: Eileen Gomez Phone: 5328 Supporting data attached: Staff Reportl MapslReso Ward: 3 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: Q~.$I:?CQ:; -;)~ J.. Agenda Item No. 10 9 /%~ " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution of Intention: proposed vacation of portions of Rosewood Drive, between Orchard Drive and Tippecanoe Avenue and Orchard Drive, south of Rosewood Drive BACKGROUND: On July 15, 2002, staff was authorized to proceed with the proposed vacation of portions of Rosewood Drive, between Orchard Drive and Tippecanoe Avenue, and Orchard Drive, south of Rosewood Drive and Plan No. 10503 was approved. The realigmnent of Laurelwood Drive, and the proposed development, will require that a portion of Rosewood Drive and a portion of Orchard Drive be vacated. The Agency has either purchased all of the property along the proposed vacation, or will obtain right of possession through the court, prior to the completion of the vacation. City Departments, utility companies, and all adjacent or affected property owners were mailed notification of the proposal, and were given the opportunity to submit comments on any conflicts or to reserve easements. All responses received were favorable. The existing utilities will be granted temporary easements in the Resolution of Intention and the Resolution Ordering Vacation. All temporary easements will be in effect pending the completion of the relocation process. The City Water Department, The Gas Company, Southern California Edison and Verizon California Inc., submitted requests to reserve temporary easements for their existing facilities. When development starts, existing facilities will either be relocated or abandoned, at which time the temporary easements will terminate. The developer is corresponding with utility companies requiring easements in that area to coordinate a design for the relocation of existing facilities. The attached Resolution ofIntention sets a public hearing for October 7, 2002. Upon approval, the Resolution will be published in The San Bernardino County Sun, the street will be posted and adjacent and affected property owners will be given notification of the public hearing. At the public hearing, a Resolution Ordering Vacation will be submitted for your action. Although we are aware of some utilities being presently located within the area proposed to be vacated, these utilities would need to be relocated relative to construction and development of the site. An easement document for the new aligmnent of Laurelwood Drive will be processed prior to the completion of the vacation, and recorded after the vacation is complete. The attached Plan shows the areas proposed to be vacated and also delineates the new aligmnent of Laurelwood Drive. The remaining right of way for Laurelwood Drive, west of the new aligmnent, and Orchard Drive will be vacated at a future date. Also, the easterly portion of Rosewood Drive, immediately west of Tippecanoe, will not be vacated until such time that In-and-Out Burger relocates their present facility. Presently, they are located at the northwest corner of Tippecanoe Avenue and Rosewood Drive, and are currently using this portion of Rosewood Drive for access. FINANCIAL IMPACT: None. Since this is a City initiated project, the normal $1,000 processing fee will not be collected. RECOMMENDATION: No Scale 5th St. Mill St. ~ o c o u ~ Orange Show Rd. &:: ;:: "' . o LOCA TION OF PROPOSED VACA TION VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed vacation of portions of Rosedwood Drive and Orchard Drive ~ indicates un-incorporated areas ~ within City's Sphere of Influence Created by: Date: 7/V ~l- ---3nN3/\ v --1---- 30NV03ddl.l--i-------- <( in III , , c: in I w ~ III ~ /T wo> 0 c: , >z- ..c: ~ I~I I en 0 _<(0:: ..c: C'I C"') LO C ~ ~ en C'l1 , 0:: 0 ~ C'I 1 C'I C'I C'I I CO CO Ow !:! N I a; , 0:::::>8 III ~ ,or .~~ eo. OQO g! &. ~ ~ co 0) C'I 0>3 'C g! "I- C'I LO co 3<(WI"')~ 'C Cl W Vl'<t "E 1 " co C"') VlWOr---~ III LO C'I LO co OOO::N31 ..c: ~ a::z ~ 0 co 1>0...__ "I- <(LL ._ '0 ,sz: ,sz: LLUOO~ co C'I LO co C Ow Z.2 0 o...I 1ii "" III 0) co LO Vlo...f-t) 16 u III " C'I LO co z-:::::> > > of-o<( C LO co f-OVlO:: ..l .. '\ co C"') LO co O::z f- O<(WLL ~ ~ "I- " 0... >0" 0) C"') LO co wO:: .2 Q) C +-' C'? 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'~'0/? ~~~ u Lf 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS 3 INTENTION TO ORDER THE V ACA TION OF PORTIONS OF ROSEWOOD DRIVE, BETWEEN ORCHARD DRIVE AND TIPPECANOE AVENUE AND ORCHARD DRIVE 4 SOUTH OF ROSEWOOD DRIVE. 5 6 7 RESOLUTION NO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Common Council of the City of San Bernardino 8 hereby declares its intention to order the vacation of portions of Rosewood Drive, between 9 Orchard Drive and Tippecanoe Avenue and Orchard Drive, south of Rosewood Drive, as more 10 11 12 fully described in Exhibit "A" and Exhibit "B" attached hereto. SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in 13 vacating the above described portions of said streets, elects to proceed under and in accordance 14 with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law". 15 being Division 9. Part 3, of the Streets and Highways Code of the State of California. 16 SECTION 3. That the hour of 4:00 p.m., on Monday, October 7. 2002. in the Council 17 18 Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time 19 20 21 22 23 24 and place when and where all persons interested in or objecting to the proposed vacation may appear before the said Mayor and Common Council and offer evidence in relation thereto. For further particulars as to the proposed vacation, reference is made to that map marked "Plan No. 10503", approved on July 15, 2002, a copy of which is on file in the office of the City Clerk of said City. 25 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing 26 easements for public utility purposes belonging either to the City of San Bernardino or to any 27 public utility; and there is hereby specifically reserved for the City of San Bernardino. its 28 08/26/02 q/q/O:J i\: (0 c c c RESOLUTION OF INTENTION - VACATION OF PORTIONS OF ROSEWOOD DRIVE BETWEEN 1 ORCHARD DRIVE AND TIPPECANOE A VENUE AND ORCHARD DRIVE SOUTH OF ROSEWOOD DRIVE (plan No. 10503). 2 3 4 5 6 7 8 9 10 11 successors, heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities over the entire area proposed to be vacated, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew said sewer or appurtenances and shall include the right of ingress and egress thereto; and there is hereby specifically reserved for Southern California Edison, its successors, heirs and assigns, a temporary easement to construct, place, operate, inspect, maintain, repair, replace and remove any overhead or underground electrical transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy wires, manhole markers and necessary fixtures and appurtenances, and said 12 temporary easement shall include the right of ingress and egress thereto; and there is hereby 13 14 specifically reserved for the City of San Bernardino Municipal Water Department, its successors, 15 heirs and assigns, a temporary easement for water utility purposes over the entire area proposed 16 17 18 19 20 21 22 23 24 25 26 27 28 to be vacated, including the right at any time, or from time to time, to construct, maintain, operate, replace and renew one or more pipelines or appurtenances for the transportation of water and related incidental purposes, and said temporary easement shall include the right of ingress and egress thereto; and there is hereby specifically reserved for Verizon California, Inc., its successors, heirs and assigns, a temporary easement to construct, place, operate, inspect, maintain, repair and replace underground and overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said temporary easement shall include the right of ingress and egress thereto; and there is hereby specifically reserved for The Gas Company, its successors, heirs and assigns, a temporary easement over the entire area proposed to be vacated, including the right at any time, or from time to time, to construct, maintain, operate, replace and 2 08/26/02 c c c RESOLUTION OF INTENTION - V ACA T10N OF PORTIONS OF ROSEWOOD DRIVE BETWEEN 1 ORCHARD DRIVE AND TIPPECANOE A VENUE AND ORCHARD DRIVE SOUTH OF ROSEWOOD DRIVE (plan No. 10503). 2 3 4 5 6 7 8 renew one or more pipelines or appurtenances for the transportation of natural gas, and s~id temporary easement shall include the right of ingress and egress thereto. All temporary easements reserved herein shall terminate upon relocation or abandonment of existing facilities. SECTION 5. That the City Engineer/Deputy Director of Development Services for the City of San Bernardino is hereby directed to cause Notices of Street Vacation to be posted as 9 required by said "Public Streets, Highways and Service Easements Vacation Law." 10 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of San Bernardino County Sun, a newspaper published and circulated in the City of San 14 Bernardino, prior to the above date set forth for the public hearing. 15 / / / 16 17 18 19 20 21 22 23 24 25 26 27 28 3 08/26/02 RESOLUTION OF INTENTION - VACATION OF PORTIONS OF ROSEWOOD DRIVE BETWEEN 1 ORCHARD DRIVE AND TIPPECANOE A VENUE AND ORCHARD DRIVE SOUTH OF ROSEWOOD DRIVE (plan No. 10503). 2 3 4 5 6 7 8 9 10 11 12 DERRY 13 SUAREZ 14 15 16 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of 20 21 c c I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof held on the day of , 20_, by the following vote, to wit: Council Members: AYES NA YES ABSTAIN ABSENT ESTRADA LIEN MCGINNIS ANDERSON MCCAMMACK ,20 . 22 23 Approved as to form 24 and legal content: JUDITH V ALLES, Mayor City of San Bernardino 25 JAMES F. PENMAN 26 City Attorney 27 28 c 4 08/26/02 c c c EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF ROSEWOOOD DRNE, 50.00 FEET WIDE, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP OF TRACT No. 2743, FILED IN BOOK 38, PAGE 47 OF MAPS, RECORDS OF SAID COUNTY; TOGETHER WITH THAT PORTION OF LOT 59 OF SAID TRACT No. 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 7092, PAGE 781 OF OFFICIAL RECORDS OF SAID COUNTY; TOGETHER WITH THAT PORTION OF LOT 54 OF SAID TRACT No. 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED AS INSTRUMENT No. 83-0285282 OF SAID OFFICIAL RECORDS; TOGETHER WITH THAT PORTION OF LOT 52 OF SAID TRACT No. 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 9329, PAGE 1305 OF SAID OFFICIAL RECORDS; TOGETHER WITH THOSE PORTIONS OF LOTS 50 AND 51 OF SAID TRACT No. 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 6419, PAGE 180 OF SAID OFFICIAL RECORDS; TOGETHER WITH THAT PORTION OF LOT 44 OF SAID TRACT No. 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 8718, PAGE 787 OF SAID OFFICIAL RECORDS; AND TOGETHER WITH THAT PORTION OF LOT 43 OF SAID TRACT No. 2743 ACQUIRED FOR STREET PURPOSES BY SAID COUNTY OF SAN BERNARDINO, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 8916, PAGE 1339, AND RERECORDED IN BOOK 8928, PAGE 596, BOTH OF SAID OFFICIAL RECORDS; TOGETHER MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF TIPPECANOE AVENUE, 60.00 FEET WIDE, AND ROSEWOOD DRIVE, 50.00 FEET WIDE, AS SAID STREETS ARE SHOWN ON SAID MAP OF TRACT NO. 2743; THENCE NORTH 89048'23" WEST 191.00 FEET ALONG SAID CENTERLINE OF ROSEWOOD DRIVE TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 59 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00007'58" WEST 30.00 FEET ALONG SAID SOUTHERLY PROLONGATION AND SAID EASTERLY LINE TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOT 59, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 7092, PAGE 781 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 65.02 FEET ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF SAID LOT 59; THENCE SOUTH 00007'57" EAST 5.00 FEET ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID ROSEWOOD DRIVE, AS SHOWN ON SAID MAP; THENCE NORTH 89048'23" WEST 260.09 FEET ALONG SAID NORTHERLY LINE OF ROSEWOOD DRNE, ALSO BEING THE SOUTHERLY LINE OF LOTS 55 THROUGH 58 INCLUSIVE, OF SAID TRACT No. 2743, TO THE SOUTHEAST CORNER OF SAID LOT 54; THENCE NORTH 00007'53" WEST 5.00 FEET ALONG THE EASTERLY LINE OF SAID LOT 54 TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOT 54, AS DESCRIBED IN SAID DOCUMENT RECORDED AS INSTRUMENT No. 83-0285282 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 65.02 FEET ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF SAID LOT 54; THENCE SOUTH 00007'52" EAST ALONG SAID WESTERLY LINE TO SAID NORTHERLY LINE OF ROSEWOOD DRIVE; THENCE NORTH 89048'23" WEST 65.02 FEEJ ALONG SAID NORTHERLY LINE OF ROSEWOOD DRIVE, ALSO BEING THE SOUTHERLY LINE OF LOT 53 OF SAID TRACT No. 2743, TO THE SOUTHEAST U:\OO313\Mappin,\Le~a1s'STkEET V ACATION\AOOlJJOI.doc c c c CORNER OF SAID LOT 52; THENCE NORTH 00007'51" WEST 5.00 FEET ALONG THE EASTERLY LINE OF SAID LOT 52 TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOT 52, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 9329, PAGE 1305 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 180.02 FEET ALONG SAID NORTHERLY LINE, AND CONTINUING ALONG THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOTS 51 AND 50, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 6419, PAGE 180 OF OFFICIAL RECORDS; THENCE PERPENDICULAR TO SAID NORTHERLY LINE OF ROSEWOOD DRIVE, SOUTH 00011 '37" WEST 5.00 FEET TO SAID NORTHERLY LINE OF ROSEWOOD DRNE; THENCE NORTH 89048'23" WEST 340.14 FEET ALONG SAID NORTHERLY LINE OF ROSEWOOD DRNE, ALSO BEING THE SOUTHERLY LINE OF SAID LOT 50 AND LOTS 45 THROUGH 49 OF SAID TRACT No. 2743, TO THE SOUTHEAST CORNER OF SAID LOT 44; THENCE NORTH 00007'44" WEST 5.00 FEET ALONG THE EASTERLY LINE OF SAID LOT 44 TO THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOT 44, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 8718, PAGE 787 OF OFFICIAL RECORDS; THENCE NORTH 89048'23" WEST 110.16 FEET ALONG SAID NORTHERLY LINE, AND CONTINUING ALONG THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF SAID LOT 43, AS DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 8916, PAGE 1339, AND RERECORDED IN BOOK 8928, PAGE 596, BOTH OF OFFICIAL RECORDS, TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE NORTHWESTERLY 31.30 FEET ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY LINE, THROUGH A CENTRAL ANGLE OF 89040'41" TO A POINT OF TANGENCY WITH THE EASTERLY LINE OF ORCHARD DRIVE, AS SHOWN ON SAID MAP; THENCE SOUTH 00007'42" EAST 84.95 FEET ALONG SAID EASTERLY LINE TO A POINT OF CUSP OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 10.00 FEET, A LINE RADIAL TO SAID POINT OF CUSP BEARS SOUTH 89052'18" WEST; THENCE NORTHEASTERLY 15.76 FEET ALONG SAID CURVE, ALSO BEING THE NORTHWESTERLY LINE OF LOT 78 OF SAID TRACT No. 2743, THROUGH A CENTRAL ANGLE OF 90019'19" TO THE SOUTHERLY LINE OF SAID ROSEWOOD DRNE; THENCE SOUTH 89048'23" EAST 1095.35 FEET ALONG SAID SOUTHERLY LINE, ALSO BEING THE NORTHERLY LINE OF SAID LOT 78 AND LOTS 62 THROUGH 77 INCLUSIVE, OF SAID TRACT No 2743, TO THE POINT OF INTERSECTION OF SAID SOUTHERLY LINE WITH SAID SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 59; THENCE NORTH 00007'58" WEST 25.00 FEET ALONG SAID SOUTHERLY PROLONGATION TO THE TRUE POINT OF BEGINNING. PREPARED UNDER MY SUPERVISION: ~+ STEVE SHAMBECK, P.L.S. 6217 LICENSE EXPIRES 3/31/06 (P/t~~'L DATE U:\OO313\Mllppina:\Lqals\STRfET v ACATION\AOOlllOl ,doc I ,~ c c c . EXHmrr"B" LEGAL DESCRIPTION THAT PORTION OF ORCHARD DRIVE AND ROSEWOOD DRIVE, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP OF TRACT 2743, FILED IN BOOK 38, PAGE 47 OF MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH WEST CORNER OF SAID TRACT NO. 2743. THENCE NORTH 00007'42" WEST 210.77 FEET ALONG THE WEST LINE OF SAID TRACT TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 508.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 13009'41" EAST; THENCE NORTHEASTERLY 31.05 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03030'08" TO A NON-TANGENT LINE, BEING THE EAST LINE OF ORCHARD DRIVE, OF SAID TRACT NO. 2743; THENCE SOUTH 00007'42" EAST 218.86 FEET ALONG SAID EAST LINE OF ORCHARD DRIVE TO THE SOUTH LINE OF SAID TRACT NO. 2743; THENCE NORTH 89048'15" WEST 30.00 FEET ALONG SAID SOUTH.LINE TO THE TRUE POINT OF BEGINNING PREPARED UNDER MY SUPERVISION: #~ 4 j; 'C j-UO'Z- DATE STEVE SHAMBECK, P.LS. 6217 LICENSE EXPIRES 3/31/06 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): '" - <1 -0 .).- Item # Vote: Ayes 1- f) Nays -kf Change to motion to amend original documents: '20~2- ~16:l- Absent &- 10 Resolution # Abstain A Reso. # On Attachments: L Contract term: - Note on Resolution of Attachment stored separately: -=-- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: q -11- 0 "L- Date of Mayor's Signature: q -I) -(; ') Date of ClerklCDC Signature: Gj-\ 3- 6 ~ ~Letter Sent for Signature: 60 Day Remi;)derT:ettef-Sent.J!'! 30th day: ------ 90 Day Reminder Letter Sent on 45th-d;;y:-- See Attached: See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney ,'/ Parks & Rec. NullNoid After: - By: m. 'P-/ toIL Reso. Log Updated: ,/ Seal Impressed: 0/' Date Returned: - YesL No By Yes No -L- By Yes No --d- By Yes No~ By Yes N01 By Code Compliance Dev. Services L- EDA Police Public Services Water Notes: Finance MIS Others: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: mI Date: ~ Revised 011\2/01