04-1207_OEDEKERK ,STEVE_Construction License Agreement0
•
CONSTRUCTION LICENSE AGREEMENT
STEVE OEDEKERK
THIS LICENSE AGREEMENT is made this dayofp 2004, by and between
the CITY OF SAN JUAN CAPISTRANO, a Municipal corporation hereinafter referred to as
"City" and Steve Oedekerk, hereinafter referred to as 'Property Owner".
WHEREAS, Property Owner owns property more particularly known as Lot 17 of
Tract 103; and,
WHEREAS, City owns adjacent property to the north more particularly known as Lot
5, Block 5 San Juan Capistrano, the Historic Town Center Park; and,
WHEREAS, City wishes to remove part of the boundary wall, between the two
properties in order to provide future sidewalk and street lighting.
NOW THEREFORE BE IT RESOLVED, between City and Property Owner as
follows:
1. Property Owner hereby grants City a License forthe purpose of allowing City
to perform construction as shown on Exhibit "A" attached hereto and made
a part hereof.
2. City agrees to hold Property Owner harmless from any and all claims and
liabilities which may arise out of the construction covered by this Agreement.
DATED this �_ day of04 at San Juan Capistrano.
ATTEST:
R. Monahan, City Clerk
AS TO FORM:
John Sha , City Attorney
CITY OF SAN JUAN CAPISTRANO
BY;
Mayor
SD
EXHIBIT "A"
FUTURE
SIDEWALK —
EXISTING CURB
AND GUTTER
° REMOVE EXISTING
1
PILASTER, WALL
7
AND FOOTINGS
/
' FUTURE
DOWNTOWN
STREET LIGHT
/
POLE •88
a
RECONSTRUCT
PILASTER
EXISTING
DRIVEWAY —�
• LOT 17,
•: TRACT 103
s'
EL CAM/NO REAL
K RTN '
�- E)QSTING
SDEWALK^'v
LOT 5, BLOCK 5
SAN JUAN CAPISTRANO
(HISTORIC TOWN
CENTER PARK)
PILASTER/ WALL RELOCATION AND
DOWNTOWN. STREET UGHT.PLACEMENT DETAIL.. .
12/7/2004
E9
AGENDA REPORT
TO: Dave Adams, City Manager D �
FROM: Nasser Abbaszadeh, Engineering & Building Director
SUBJECT: Consideration of Approval of Preconstruction Agreement and Construction
License Agreement for Underground Utility District (UUD) 99-01
(Oedekerk) (CIP No. 144)
RECOMMENDATION
By motion:
1. Approve the Preconstruction Agreement with Steve Oedekerk establishing terms
and rights related to UUD 99-01; and,
2. Approve the Construction License Agreement with Steve Oedekerk modifying a
boundary wall to allow for a sidewalk and lighting related to UUD 99-01.
SITUATION
A. Summary and Recommendation
In November 1999, by Resolution 99-11-16-3 the City Council approved the
establishment of Underground Utility District No. 99-01 (EI Camino Real North
and South). This project extends from the Oedekerk property south of Forster
Street along EI Camino Real to the north of Spring Street.
Staff is recommending approval of a Preconstruction Agreement and a
Construction License Agreement with Steve Oedekerk for work on this project.
B. Background
In California, the Public Utilities Commission (PUC) requires that utility
companies owning overhead electrical services set aside funds for conversion to
underground facilities. The undergrounding provisions are found in the PUC
Rules, Section 20, Subsection A, and the funds are commonly known as Rule
20-A Undergrounding Funds.
The funds are set aside by the electrical utility companies within the various
agency boundaries. In the case of San Juan Capistrano, SDG&E is the electrical
provider and sets aside a certain amount on an annual basis. The amount set
aside is based on the number of existing overhead and underground meters.
0
Agenda Report
Parae 2
December 7, 2004
The set aside is done on an accounting basis with funding drawn from a pool of
money based on availability at the time of the request. Utility undergrounding is
done by the City forming an underground utility district pursuant to the PUC Code
and Chapter 8 of the City's Municipal Code.
Staff is recommending that the City enter into a Preconstruction Agreement and
a License Agreement with Steve Oedekerk for work on his property, known as
Birtcher Plaza (Lot 17 of Tract 103) to the south of Forster Street and the Historic
Town Center Park. Project construction is scheduled for spring 2005.
C. Preconstruction Agreement
The preconstruction agreement (Attachment 2) addresses concerns expressed
by Mr. Oedekerk regarding the project and provides for the execution of
necessary project documents.
Mr. Oedekerk, as property owner, agrees:
To grant an easement in favor of San Diego Gas and Electric Company;
and,
2. To grant a Construction License Agreement in favor of the City of San
Juan Capistrano.
In return for this, the City agrees to the following construction conditions:
To save and defend the property owner harmless from any and all claims,
judgments, or other liabilities, which may arise out of performance of
the City's rights and obligations.
2. Hours of construction work shall be 10:00 p.m. to 6:00 a.m. Outside of
construction hours the trench work shall be plated so that daytime traffic is
not impacted.
3. On completion of trenching work shown as "Utilities Facilities' on Exhibit A
of Attachment A to the Preconstruction Agreement, the City shall slurry
seal the full width of these driveways and restripe parking facilities.
4. The City will locate hand hole shown as "3316 HH" on Exhibit A of
Attachment A, to the south of Forster Street as close to the west -side curb
shown on Exhibit A of Attachment A to the Preconstruction Agreement, as
possible considering conduit curvature limitations and the location of
existing underground utilities.
L
r
Agenda Report December 7, 2004
Page 3
5. The City will invite the property owner or his representative to the
preconstruction meeting and give two weeks notice prior to the start of
construction.
6. Two driveways serve the subject property. The City will ensure that both
driveways are not closed at the same time, due to construction.
This Agreement shall continue in full force and effect until the filing of a Notice of
Completion for the City construction project "Underground Utility District No. 99-
01" or the mutual agreement of the Parties to rescind the agreement.
D. Construction License Agreement
As condition C2 of the Preconstruction Agreement, the Construction License
Agreement (Attachment 3) authorizes the City to modify the boundary wall
between the Historic Town Center Park and the Oedekerk property to allow the
construction of sidewalk and street lighting.
COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS
Not applicable.
FINANCIAL CONSIDERATIONS
Not applicable.
NOTIFICATION
The following party received notification of this Council agenda item:
Dale Whitehouse, O Entertainment *
*Agenda report included
1]
Agenda Report
Paae 4
RECOMMENDATION
By motion:
0
December 7, 2004
Approve the Preconstruction Agreement with Steve Oedekerk establishing terms
and rights related to UUD 99-01; and,
2. Approve the Construction License Agreement with Steve Oedekerk modifying
boundary wall to allow fot a sidewalk and lighting related to UUD 99-01.
Respectfully submitted:
Nasser Abbaszadeh, P. E.
Engineering & Building Director
NA/BP:jcr:dms
Attachment 1. Location Map
2. Preconstruction Agreement
3. Construction License Agreement
Pre ed by:
�
Brian Perry, P.E.
Project Manager
THE CITY OF
SAN JUAN CAPISTRANO
+� r' N
„{4
UNDERGROUND UTILITY DISTRICT 99-01
N8 t �n ter,
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oei O �arAy��g�""j� LOCATION
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0 3000 6000 9000 Feet
ATTACHMENT
CITY OF SAN JUAN CAPISTRANO
PRECONSTRUCTION AGREEMENT (OEDEKERK)
UNDERGROUND UTILITY DISTRICT No. 99-01
THIS LICENSE AGREEMENT is made this day of
2004, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to
as "City" and Steve Oedekerk, hereinafter referred to as "Property Owner" .
WHEREAS, by Resolution 99-11-16-3 City established Underground Utility District No.
99-01, and;
WHEREAS, Property Owner owns land more particularly known as Lot 17 of Tract 103,
which lies within UUD 99-01; and,
WHEREAS, in order to construct the work required for UUD 99-01, City has requested
Property owner to execute the following documents:
1. An easement document in favor of San Diego Gas and Electric
Company shown as Attachment "A" attached hereto and made a part
hereof: and,
2. A Construction License Agreement in favor of the City of San Juan
Capistrano shown as Attachment "B" attached hereto and made a part
hereof: and,
WHEREAS, Property Owner has requested certain contract conditions be required for
construction
NOW, THEREFORE BE IT DETERMINED, Property Owner and City agree as follows:
1. Grant of Easement
Property Owner hereby agrees to grant an easement in favor of San Diego Gas
and Electric Company shown as Attachment "A" attached hereto upon full
execution of this construction agreement.
2. Grant of License Agreement
Property Owner hereby agrees to grant a Construction License Agreement in
favor of the City of San Juan Capistrano shown as Attachment "B" attached
hereto upon full execution of this construction agreement.
3. Hold Harmless
City agrees to save and defend Property Owner harmless from any and all
claims, judgments, or other liabilities, which may arise out of Performance of
City's Rights and Obligations under this agreement.
ATTACHMENT
4. Time of Work
Hours of construction work shall be 10:00 pm to 6:00 am. Outside of construction
hours the trench work shall be plated so that daytime traffic is not impacted.
Resurfacing
On completion of trenching work shown as "Utilities Facilities" on Exhibit "A" of
Attachment "A" City shall slurry seal the full width of these driveways and re -
stripe parking facilities.
6. Location of Surface Facilities
City will locate hand hole shown as "3316 HH" on Exhibit "A" of Attachment "A",
to the south of Forster Street as close to the westside curb shown on Exhibit "A"
of Attachment "A" as possible considering conduit curvature limitations and the
location of existing underground utilities .
7. Notification
City will invite property owner or his representative to the preconstruction
meeting and give two weeks notice prior to the start of construction.
8. Driveway Access
Two driveways serve the subject property. City will ensure that both driveways
are not closed due to construction at the same time.
9. Term
This License Agreement shall continue in full force and effect until the filing of a
Notice of Completion for the City construction project "Underground Utility District
No. 99-01" or the mutual agreement of the Parties to rescind the agreement.
DATED this day of
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
(Y�
John R. Sh w, City Attorney
2004 at San Juan Capistrano.
CITY OF SAN JUAN CAPISTRANO:
_. , Mayor
Steve Oedekerk
Recording Requested by • •
San Diego Gas & Electric Company
When recorded, mail to:
San Diego Gas & Electric Company
P.O. Box 1831
San Diego, CA 92112
Attn: Records Center - CP 51 D
Project No.: 701737-010
Const. No.: 2581130
A.P.N.: 124-160-52
SPACE ABOVE FOR RECORDER'S USE
Transfer Tax None
SAN DIEGO GAS & ELECTRIC COMPANY
EASEMENT
O PROPERTIES, INC., a California Corporation, grants to SAN DIEGO GAS &
ELECTRIC COMPANY, a corporation, hereinafter called "Grantee", an easement and right of
way to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and
use facilities consisting of: (1) Underground electric facilities, and appurtenances for the
transmission and distribution of electricity, (2) Underground communication facilities, and
appurtenances, together with the right of ingress thereto and egress therefrom over said easement
and over other practical routes across Grantor's land situated in the County of Orange, State of
California described as follows:
Lot 17 of Tract No. 103, according to Map thereof filed in Book 11, Pages 29 to 33,
inclusive, of Miscellaneous Maps, Records of said Orange County.
The easement in the aforesaid property shall be a strip of land, including all of the area
lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right
angles, on each exterior side of each and every utility facility installed, the approximate location
being shown and delineated as "UTILITY FACILITIES"on the Exhibit "A" attached hereto and
made a part hereof.
In order to provide adequate working area for Grantee, Grantor shall not erect, place or
construct, nor permit to be erected, placed or constructed any building or other structure, park
any vehicle, plant any trees and/or shrubs within eight feet of the front of the door or hinged
opening of any above ground structures installed within this easement.
* At least one driveway access to Grantor's property shall remain open during Grantee
construction and maintenance of said "Utility Facilities".
Grantor will exercise only such reserved rights in said land as will not interfere with or
prohibit the free and complete use and enjoyment by Grantee, its successor or assigns, of the
rights hereby granted. Grantee shall have the right to assign any or all rights granted in this
easement in whole or in part to other companies providing utility or communication ---,;...
ATTACHMENT"A"
KcmoC 701737 0 Properties revised.doc (to Attachment 2)
Grantee shall have the right to top, cut, remove, or trim interfering plants and trees, and
to keep said easement free from and to prevent any person, including Grantor and successors and
assigns, from erecting, placing, or storing on said easement any flammable or other hazards and
any structures, objects, or earth fills/cuts or other obstructions, except walls and fences.
The legal description for this easement was prepared by San Diego Gas & Electric
Company pursuant to Section 8730 of the Business and Professions Code, State of California.
Dated 10 L5 /0'V
O PROPERTIES.; a Calif rnia Corporation
RIM
Prepared by K Carol
Checked by:
Date 06-29-04
OEDEKERK, President
STATE OF an � )
CJ
COUNTY OF &+JJO!�� )SS.
On '34, before meC �l V 1 Yv�} � , �� 1Qnti I Y f._,
(name, title of officer), appeared
, '. " ersonally known to me
roved to me on the basis of satisfactory evidence
to be the persoQ(sj-whose name(sj is4rw subscribed to the within instrument and acknowledged to me
that hefahe4ky executed the same in his/herfEhair authorized capacity("), and that by hiskerfttmir
signature4)-on the instrument the person(�},-or the entity upon behalf of which the person(sj acted,
executed the instrumeLt,
WITNESS my h d fnd official seal.
CwwtF'�s m
m COMM• 1453949 �
SignaturegyiNpE o0uttnu
MW - My Tema �P• Dec. 20, 2007
1
Kcarol. 7017370 Properties revised.doc 2-
tiJ31.3 HANDHOLE
W 3 3421 TRANS PADS
fOPSTFP ST
° WALL
3316 HH
( RB \ —`
CURB
OWNER:
j \\\ U11U71ES FACIUIIES
SIEVE OEDEKERK -
'
RECORDED 12-8-98
AS DOC 19980844800
TRACT 103
TOWN OF N
SAN JUAN CAPISTRANO
Iis
MM 11-29 TO 33
a
LOT -17
U
UGE -�
O
CURB
UALITIES FACILITIES
U
3421 TRANS PAD
EXISANG
UGE
-a_
THIS PLAT WAS PREPARED BY ME OR UNDER
LAND SL
MY DIRECTION IN CONFORMANCE WITH THE
A. �L
LAND SURVEYORS ACT ON SEPTEMBER 26, 2000
NO. 7178
Exp. 12-31-03 iC
//y
O P
\
i(� o 'J�O
I FORS
SCOTT A. HURST L.S. 7178 D TE
MY REGISTRATION EXPIRES 121JI103
P.D.C. FILE
1700-76.DWG
EXHIBIT, 'A'
SDG&E JOB:
PDC002174-001
SAN DIEGO GAS & ELECTRIC
ORIGINATOR
OK 7.0 INSTALL,
PROJECT NQ
SIS
SAN DIEGO, CALIFORNIA
701737-010
SURVEYED
BY,
DLL
R/H OK,
HISTORIC
TOWN CENTER 20A CONY
cdNST. NO.
DRAW -N
-BT,
DATE.
EL CAMINO REAL
PAC/SDM
2581130
DATE+
THOS. BROS.
DRAGING NO
YORBA TO FORSTER
9-26-2000
OC972-CI
I SCALE,
NONE
SAN JUAN CAPISTRANO
NO.
SUPPLEMENTS
DATE,
BY
APP'D
Ll
CONSTRUCTION LICENSE AGREEMENT
STEVE OEDEKERK
THIS LICENSE AGREEMENT is made this day of 2004, by and between
the CITY OF SAN JUAN CAPISTRANO, a Municipal corporation hereinafter referred to as
"City" and Steve Oedekerk, hereinafter referred to as "Property Owner".
WHEREAS, Property Owner owns property more particularly known as Lot 17 of
Tract 103; and,
WHEREAS, City owns adjacent property to the north more particularly known as Lot
5, Block 5 San Juan Capistrano, the Historic Town Center Park; and,
WHEREAS, City wishes to remove part of the boundary wall, between the two
properties in order to provide future sidewalk and street lighting.
NOW THEREFORE BE IT RESOLVED, between City and Property Owner as
follows:
1. Property Owner hereby grants City a License forthe purpose of allowing City
to perform construction as shown on Exhibit "A" attached hereto and made
a part hereof.
2. City agrees to hold Property Owner harmless from any and all claims and
liabilities which may arise out of the construction covered by this Agreement.
DATED this day of
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
John ShaA) City Attomey
2004 at San Juan Capistrano.
CITY OF SAN JUAN CAPISTRANO
BY:
Mayor
ATTACHMENT"B"
(to Attachment 2)
0
EXHIBIT "A"
FUTURE
SIDEWALK .
IXI�R6 EL CAMINO REAL
NORTH
REMOVE EXISTING
PILASTER. WALL 7
AND FOOTINGS
FUTURE /
DOWNTOWN
STREET LIGHT
POLE 1'68 �— EXISTWG
u Y ' SIDEWALK----*
RECONSTRUCT . . ,
e PILASTER
-
ND
DRNEPIE WAY --�
LOT 17,
•. TRACT 103
rti
LOT 5, BLOCKS
c:!1
SAN JUAN CAPISTRANO
' ;° ••
'S%
(HISTORIC TOWN
a
CENTER PAR)Q
PILASTER] WALL RELOCATION AND
DOWNTOWN. STREET LIGHTPLACEMENT DETAIL... .
0 0
CONSTRUCTION LICENSE AGREEMENT
STEVE OEDEKERK
THIS LICENSE AGREEMENT is made this day of 2004, by and between
the CITY OF SAN JUAN CAPISTRANO, a Municipal corporation hereinafter referred to as
"City" and Steve Oedekerk, hereinafter referred to as "Property Owner".
WHEREAS, Property Owner owns property more particularly known as Lot 17 of
Tract 103; and,
WHEREAS, City owns adjacent property to the north more particularly known as Lot
5, Block 5 San Juan Capistrano, the Historic Town Center Park; and,
WHEREAS, City wishes to remove part of the boundary wall, between the two
properties in order to provide future sidewalk and street lighting.
NOW THEREFORE BE IT RESOLVED, between City and Property Owner as
follows:
2.
DATED this
ATTEST:
Property Owner hereby grants City a License forthe purpose of allowing City
to perform construction as shown on Exhibit "A" attached hereto and made
a part hereof.
City agrees to hold Property Owner harmless from any and all claims and
liabilities which may arise out of the construction covered by this Agreement,
day of
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
John Sha , City Attorney
2004 at San Juan Capistrano.
CITY OF SAN JUAN CAPISTRANO
BY:
Joe Soto, Mayor
ATTACHMENT
0
EXHIBIT "A"
FUTURE
SIDEWALK —
EXISTING CURB
AND GUTTER -
REMOVE EXISTING
PILASTER, WALL
7
AND FOOTINGS
' FUTURE
(�
DOWNTOWN
STREET LIGHT
POLE Y68
a
RECONSTRUCT
PILASTER
EXISTING
DRIVEWAY
LOT 17,
r
_ •; TRACT 103 -
3�
EL CAMINO REAL
NORTN -�
EXISTING
t • , ' � SIDEWALK�'�v
LOT 5, BLOCK5
SAN JUAN CAPI STRANO
(HISTORIC TOWN
CENTER PARI)
PILASTER-/ WALL RELOCATION AND
DOWNTOWN STREET UGHT PLACEMENT DETAIL... .
•
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapl,ytrano.org
December 9, 2004
Dale Whitehouse
O Entertainment
31878 Camino Capistrano
San Juan Capistrano, CA 92675
Dear Mr. Whitehouse:
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L. BATIGATE
WYATT HART
JOE SOTO
DAVID M. SWERDUN
On December 7, 2004, the City Council of the City of San Juan Capistrano approved a
construction license agreement (removal of a wall between to properties related to
future sidewalk and street lighting) and a preconstruction agreement, Underground
Utility District No. 99-01 (Oedekerk). Copies of these documents are enclosed for your
use. They have been sent at the request of Brian Perry, Senior Civil Engineer (949)
443-6353.
truly,
CMC
Clerk
cc: Brian Perry, Senior Civil Engineer
Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www..ran/uancapes)rano.oig
December 8, 2004
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L. BATHGATE
MATT HART
JOE SOTO
DAVID M. SWERDLIN
On December 7, 2004 the City Council of San Juan Capistrano met regarding:
"Consideration of Approval of Preconstruction Agreement and Construction
License Agreement for Underground Utility District (UUD) 99-01 (Oedekerk) (CIP
No. 144)" Item No. E9.
The following action was taken at the meeting: Preconstruction agreement with
Steve Oedekerk, establishing terms and rights related to UUC 99-01 approved;
and construction license agreement with Steve Oedekerk, modifying a boundary
wall to allow for a sidewalk and lighting related to UUD 99-01, approved.
If you have any questions regarding this action, please contact Brian Perry, Senior Civil
Engineer at 443-63,3 for more detailed information.
Apanuan, C
Enclosed:
Cc: Dale Whitehouse, O Entertainment*; Nasser Abbaszadeh, Engineering &
Building Director; Brian Perry, Senior Civil Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www sanluancapistrano. org
� f�// mtoevonalto
lISMfO 1961
1776
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L. BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 7:00 p.m. on December 7, 2004 in
the City Council Chamber in City Hall, to consider: "Consideration of Approval of
Preconstruction Agreement and Construction License Agreement for
Underground Utility District (UUD) 99-01 (Oedekerk) (CIP No. 144)" — Item No. E9
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, December 6, 2004 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a blue 'Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Brian Perry,
Senior Civil Engineer. You may contact that staff member at (949) 443-6353 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancaaistrano.orq. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council-agendas(a)sanivancaoistrano.org.
Meg Monahan, CMC
City Clerk
cc: Dale Whitehouse, O Entertainment'; Nasser Abbaszadeh, Engineering &
Building Director; Brian Perry, Senior Civil Engineer
* Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
MEMORANDUM
TO: Memo to File
FROM: Maria Guevara, Secretary
DATE: January 13, 2005
SUBJECT: Oedekerk, Steve
Relevant files:
600.30 Preconstruction Agreement 2004
OEDEKERK, STEVE
TR 103, Lot 17
600.30 Construction Agreement 2004
OEDEKERK, STEVE
TR 103, Lot 17