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HomeMy WebLinkAboutAgenda Report - May 18, 2007CERTIFICATE OF TERMINATION RECEIVFF SEP 2[20U City of Lodi 221 West Pine Street Lodi, California 95241-1910 Doe p: 2007-129844 7/16/07 3:06 PM Gary W. Freeman San Joaquin County Recorders (;lark NOTICE OF TERMINATION OF WILLIAMSON ACT CONTRACT NO. 72-C1-516 Notice is hereby given that the City of Lodi is executing the right to terminate Williamson Act Contract No. 72-C1-516 for 88.21 acres of land currently identified as Assessor Parcel Number 058-030-03 and further described as: Attached as Exhibit A. Parcel 058-030-03 (88.21 acres) is part of the 307 -acre Southwest Gateway Project Area annexation approved by the San Joaquin Local Agency Formation Commission (LAFCo) on May 18, 2007. The City of Lodi City Council protested the execution of this Williamson Act Contract by Resolution No. 3623 dated April 5, 1972. The City's protest resolution was filed with San Joaquin LAFCo on September 1, 1978, and LAFCo upheld the protest by Resolution No. 396 dated October 20, 1978. It should be noted that the City of Lodi Resolution No. 3623 protested the execution of the Williamson Act Contract initiated by John and Ann Van Ruiten, Assessor's Account Numbers 48546 and 62346. Assessor Account Number 62346 is now APN 058-030-03. Thus the City of Lodi Resolution clearly identified the subject Williamson Act Contract and parcel. As evidenced in the Environmental Impact Report that analyzed the Southwest Gateway Project (Land Use and Planning Policy Section, pages 83-85 and 93-94), the Mitigation Monitoring and Reporting Program (Mitigation Measure LU -3 of the MMRP, which was part of the City Council Staff Report), and Statement of Open Space (Agriculture) Land Conservation provided with the Southwest Gateway LAFCo application, the City of Lodi confirmed that the City would execute its right not to succeed to this contract. Following San Joaquin LAFCo's approval of the annexation of which APN 058-030-03 is a part, the City of Lodi is hereby exercising its option not to assume the rights of the County Under the Williamson Act Contract No. 72-C1-516. A Randy H ch, Director Community Development Department City of Lodi /I(/)7 Date EXHIBIT A LEGAL DESCRIPTION THAT CERTAIN REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN JOAQUIN, DESCRIBED AS FOLLOWS: PARCEL ONE: A PORTION OF THE WEST HALF OF SECTION 15, TOWNSHIP 3 NORTH, RANCE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID WEST HALF, SAID POINT BEING 75 FEET SOUTH OF THE QUARTER CORNER AT THE CENTER OF SAID SECTION 15; THENCE DUE NORTH ALONG SAID EAST LINE, 719 FEET; THENCE SOUTH 890 25' WEST 98.5 FEET; THENCE SOUTH 790 50' WEST, 184 FEET; THENCE NORTH 870 15' WEST, 130 FEET; THENCE NORTH 20 45' EAST, 112 FEET TO A POINT DESIGNATED POINT "A"; THENCE NORTH 890 16' WEST, ALONG THE SOUTH LINE OF ITS EASTERLY EXTENSION OF THAT CERTAIN 20.70 ACRE PARCEL AS DELINEATED ON MAP OF SURVEY FILED FOR RECORD SEPTEMBER 29, 1942 IN BOOK 5 OF SURVEYS, PAGE 265, SAN JOAQUIN COUNTY RECORDS, 2237.3 FEET TO AN IRON PIPE AT THE SOUTHWEST CORNER OF SAID 20.70 ACRE PARCEL; THENCE SOUTH 00 01 1/2' EAST, ALONG THE WEST LINE OF AID SECTION 15 1050.35 FEET TO THE SOUTHWEST CORNER OF THE NORTH 20 ACRES OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE SOUTH 890 12' EAST, ALONG THE SOUTH LINE OF SAID NORTH 20 ACRE PARCEL, 2340 FEET TO A POINT BEING 301 FEET WESTERLY OF SAID EAST LINE; THENCE DUE NORTH 225 FEET; THENCE SOUTH 890 12' EAST. 301 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN DEED TO GEORGE W. EMDE, ET UX, RECORDED DECEMBER 30, 1963 IN BOOK 2770 OF OFFICIAL RECORDS, PAGE.340, SAN JOAQUIN COUNTY RECORDS. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN DEED TO HAPPYHOLME FARMS, INC., RECORDED APRIL 15, 1971 IN BOOK 3514 OF OFFICIAL RECORDS, PAGE 340, SAN JOAQUIN COUNTY RECORDS PARCEL TWO: A PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH HALF AND RUN DUE SOUTH ALONG THE EAST LINE OF SAID SOUTH HALF, 331 FEET TO A POINT BEING 990 FEET DUE NORTH FROM THE QUARTER CORNER OF THE CENTER OF SAID SECTION; THENCE DUE WEST, 504.5 FEET; THENCE DUE SOUTH, 260.1 FEET; THENCE NORTH 890 16' WEST, ALONG THE NORTH LINE OF THAT CERTAIN PARCEL CONVEYED BY DEED RECORDED NOVEMBER 7, 1968 IN BOOK 3254 OF OFFICIAL RECORDS, PACE 39, SAN JOAQUIN COUNTY RECORDS, 2136.9 FEET TO THE WEST LINE OF SAID SECTION; THENCE NORTH 00 01 1/2' WEST, ALONG SAID WEST LINE, 600.15 FEET TO THE NORTHWEST CORNER OF SAID SOUTH HALF; THENCE SOUTH 890 12 1/2' EAST, ALONG THE NORTH LINE OF SAID SOUTH HALF 2641.7 FEET TO THE POINT OF BEGINNING. 1 1 1 1 1 1 1 1 1 1 i 1 1 1 r. LSA 0 • 058-030-09 F ti ••.•• 058-030-03 (Subject to Williamson Act Contract) 058-040-14 f. T... 400 800 058-040-01 058-040-02 ■ 1 4 Cmc--_' r.•.7 i;.-- /- 1058-040-11; (f SO = C SOURC •• CITY OF LODI, 2005. L'1LOD531wsideswgatelfigureslattachmentslAttachment_newlai i • • s ▪ Z ♦ 1 a0' ;4I• ti©— Ad tih4 ▪ - MI 1111 ' -TIM - MNA • -058-046--r4 OP 058-140-12 058-140-13 • r 0 .1 • L• ,00 • 1 Basin • 058-230-04 •.l• Knife 1058-040-12 • • ENTURY BLVD 0 c 0 an I*)otrrH C 18 o 1 (( ne E.. -tan �. rW : i IJWJU Un nnnnennnn I••w uviri 1121111/11 yF nnnnnemnr rn ft Initl I IFI*'-IiI TIMM M II lir;IFii 1101Ila' I €I II ATTAC HME2 Parc els Southwest Gateway Proj and Other Parcels to be ACKNOWLEDGMENT State of Cali rnia County of 1 On ,f i 11 f. 1q -i before me, 6.0Cli (10h I y � i -1-i ��' l� 1-- (here insert riame an title of the officer) personally appeared \a TTC1.'fC i personally known to me m evcd to me on the rr-tiirriailo r - e'T to be the person4s.).whose name/a-Fe subscribed to the within instrument and acknowledged to me that64149/4#e executed the same /h-er/their authorized capacity (ios), and that by is cr/their: signatures on the instrument the person, or the entity upon behalf of which the persons -acted, executed the instrument. WITNESS my ha • and official seal. Signature (Seal) RANDI JOHL COMM. #1516020 NOTARY PUBLIC • cAuFORNIA 0 ORANGE COUNTY Comm. Exp. SEPT. 27, 2008 J