HomeMy WebLinkAboutAgenda Report - July 18, 2007 E-29AGENDA ITEM E# 9
CITY OF Loral
COUNCIL COMMUNICATION
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AGENDA TITLE: Accept Dedication of Agricultural Easement as Required by Exhibit K to the
Development Agreements between the City of Lodi and Frontiers Community
Builders, Inc., for the FCB Southwest Gateway Project and the FCB Westside
Project
MEETING DATE: July 18, 2007 City Council Meeting
PREPARED BY: City Attorney's Office
RECOMMENDED ACTION: That the City Council accept dedication of Agricultural Easement as
required by Exhibit K to the Development Agreement between the
City of Lodi and Frontiers Community Builders, Inc., for the FCB
Southwest Gateway Project and the FCB Westside Project.
BACKGROUND INFORMATION: The Settlement Agreement between the City, Citizens for Open
Government and FCB attached to the Development Agreements as
Exhibit K requires FCB to secure perpetual agricultural conservation
easements on land in San Joaquin County on an acre per acre basis for both the Westside and the
Southwest Gateway Annexations. FCB has secured such easements on 160 Acres of land near Linden,
California as indicated in the "Grant of Agricultural Mitigation Easement, attached to this Council
Communication. Staff finds that the attached easement adequately satisfies the requirements of the
Settlement Agreement, and recommends that the City Council accept the Dedication of the Easement
and further authorize the City Managerto execute and record the Easement. FCB is required to pay the
City of Lodi $10,000 total to manage the Agricultural Conservation Easements.
FISCAL IMPACT $10,000to compensate for Management costs.
APPROVED:
Blair ity Manager
GlR Co", i"li 03
City Of Lodi
P.O,-Box 3006
Lodi, G1S%b=u '13241-1910.
bocrmtattsatyy Trariow Tax.- $0.00.
GRANT OF AGRICULTURAL MITIGATION EASEMENT
This Urfa ofAgdeult nd Mit VdW Easn+tam CTm=ean is wade on tlt s _ day of July,
2007 by Ubwd and Denise Naasano (colla Uvely" C � to the city of Ladi, am=idpal
c P QI (ficity1% for the purpose of permli=tly Igniting the use of the red property described
herein to agricultural uses and related activities as maybe perrnitted from time to time under the
agdaultutW zoning laws of3au Joaquin County, California
RECITALS
A. QraWor is vols owner iZfee simple of dw covAin pooperty sowed for apicoft" ries
and located in S art Joaquin County, Calill and legally descri'Oedin 3INNI A attached to and made
a part ofdgs Easement, eoasistinS of a WW of one hundred sixty (160) acres of land, comprised of one
hundred forty eight and 67/1001hs (148.67)acroo of land C°mitigation am="), cwremtly identified by
San Joaquin CountyAssemor's Parcel NirbEr093-120-06, plus elsv= and 33/100ths (11.33) acres of
land currently a portion of Sart Joaquin County Assessor'& Parcel Number 093-120-09m shown on the
mcp attached as Exhibit B and made a part of this Easement, together with buildings and other
improvements (ooll®ctivcly the "PropmY.1 Except for the existing buildings and improvements on the
Property (the "FarmsteadArea"), the Property is open land ftt has a soil quality, growing sea=, and
momme supply needed for sustained al tltltonl proditotiam
B, This Easanent is gmt*d to the City to mitigate for tho development of a total of one
hundred sixty (160) w= of laud to be developed as part ofthe Southwest Gateway and Westside
residential clortelopm,ents located in Lodi, California by Frontier Land Companies, a California
corporation doingbusiness as Proud= Coinmur iry Builders and its successors aid uswi s
(collectively "FCB"). This mitigation fully compliesvdi the terms of that certain Efral Euviranmentsl
Impact Report ('991RI) entitled Lodi Annexation Environmental Impact Report first made available
%ihlig U -Z� 112010 nclo ovem app d b the Cit Sour yvestGatewavb
lib. on y er, 206 an approv d by the ityt W%Wdely
Resolution No. 2007-48 cnthe 21" day ofMar h, 2007; to wit, to mitigate for Om impacts set forth
in that EIR pUUWng to the tea of ftmdaid as a rresult of the development of the Southwest Gateway
Z' 'd 550"ON .
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and Westside mWivadal devslopmcrns in tho Chi equal in do (ma 1 acro tot aav ratio) to the
Moon acres. This mitigation is spa lfietlly pravidOd to the City in accordance with the teems set
forth inthat certain AGREEMENT TO AMEND SOUTHWEST GATEWAYDBV$An1EN`t'
AGREEMENT AND REFRAIN FROM CHALLBNGINGI-ANIS USE P'R(7JF= dated November
15,2006 executed by the City, FCB, and the Citizens for Opon Government, an unincorporated
association ("Citizens'l which was approved by ft City by Ordinance No. 1781; on the 1e 49Y of
Novembex, 2006, and that certain AGREEIALNT TO AMEND WBSTSIDE DEVELOPMENT
AGRE DAM4T AND REFRAIN FROM CHALLENGING LAM, U3E PROJECT dated Dec= be[ 4,
2006 eueeuutedby the City, Citizous and FCB and which was approved by the Cites by Ordinance No.
1794 on the 21 stday of such, 2007 aftor maldt►g all of the necessary findings, ddmd=d that the
such an Easernsnt would make a beneficial contn'budon lwhe conservation ofagriculwnl L of Sid
Joaquin County for tho benefit of the residents of the Cfty. The foregoingdovelopmcnt agroaamis arc
hereafter colkatively referred to as the "Westside/SW Gateway Development ASieemcote"•
C. Grantor grants this E ucment fat valuable awAderatioa tD City fol the PUM05e Of
assuring that undor City's pmc=l stewardship, the agricultural productive capacitv.imluding its
prime soils and apiculhual chu&eter ofthe Property will be conserved2lpfBZ!= and the#
uses ofthe land that are inconsistent with the purpose set faith herein will be prevented. Grantor
further acknowledges that the um of the Property shall be consistent with the provislom of Cahforru's
RubUcResourees Code Sections 10260-10264, as amdided from time to t =.
D. The purpose o fthis Basement is recoil -d ed by, andthe great ofthio Eawm= will
serve, the following clearlydaiinWed governmental policies;
Seedon 815.1 of the California Civil Code, whioh defines conservazion easements;
(ii) California Cmu6tution Article XIII, section 8, Ctdiforaia Revenue and Taxauon
Code, sections 442.I,42t.S and 422.5, end CaUdbrniat Civil Code sr.Cticn 815.1, under which this
Easment is as eafo me is mstri,ctim,requiring that the Property's tax valuation be consistent with
restriction of its use for purposes of food and fiber production =4 conseivatioa of uataual resatu=s;
(iii) Section 51220 ofthe California QCy'oramcnk Code, which daolases s public
interest is the pre:e ration ofagrieubml lands; and
(iv) The City's Gmcral Plan which includes, wKwS other goads, theprouation of
famlands fhxu mveraioa to sad cm=whtnont of etontoes.
E. FCB ackwW104M and mpro wb tlw this A steetnent irises out of FCB's independent
decision to semen thio pe7etual easem=t from Gmntor for City marder to settle a ducAmed CEQA
aMiaa by Citizens and that it is therefore a voluntaryconvoyance by Grantor on FCB's behalf; and not
a condition of a grant of an eatislemeW to FCB within the meaning of Civil Code Section 815.3 (b),
Now, thorefore, for the reason given, and in coudderation of their mutual prortiises and
00v6asm1:30 tams, conditions sad restrictions contained hereiu, and other good and valuable
°°nam° 0a's rvcoipt Ind adequacyofwhieh are hmby acknowled;ed. Grantor voluntarily ts
contreys to City, and.0y voluntarily accepts, aperpetual consmition easement, as defm6db'
section 815.1 ofthe Calif iU Civil Code and California Public Resources Code Section 10211, and
Coir 8m ra Rk is Mit; OO Mpv 11499 Pale Z of 16
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EO'd BZ:EL LOOZ Ll !nf 589Z6696fl7:xea un�tsa �n �iin
of the nah= and cits vmw daer bed h this Basomad fvr the purpose described below, and agree as
follows:
The purpose C'lunpW) ofthis Easement is to enabib the Property tobe dedicated for
agricultural uses by pmvendng um ofthe Property brat will impair or interfere with the Property's
Viaultural productive capacity, its soils, and its agricultural character, vk]uos and utility.
C.rrarstor mans the right to nae tbuo.Pr vwtyr for qpca%n-A purpow. or iDparrrdt others to use the
Praporty for agrlcvltad uses mcinlated actzv ties as maybe peaminod from time to time render the
a 0cWturd zoning laws of San Joaquin County, u set forth at the San Joaquin County, California
Gaseral PIRI and Development Title, as eroded from time to dim.
M�..�a
Onmw shall notPeru, arkwwiagly allow otbera topmr&xm, myaxt on craffecting the
Property that is tncongia mt with this Euement, Any use oracifivitythat would impair the agrlcultalral
productive capacity of the Property is prohibited This Eawntut autharizes City IDenforoethese
covenants in the Manner describedhcTda. However, unksa otherwise specified, nothing in this
Easement shall regrdm Grantor to take any action to restore the condition ofthe Property after any Act
of God at otho event over which Granter had no control. Grantor tuaderstersds that nothing in this
F-Wesnent relieves it of any obligation or restriction on the use of the Property imposedby law.
4. Pja7Waim of My.
Where Grantor isreguirad toobts.ln.City's permission errapproval for spwpoW action
be w der, said permission or approval (a) shall bo saught and given in writing, and (b) shall be
sought, in all applicable cues, by Grantor prior to talars& tl'tit9 proposed action. City shall hay o sixty'
(60) days atter the raecipt of'the written request from Gmtor to grant or deny permission to Orwita.
If the City does not deny Grantor's written request within &aid sixty (60) days, the City shall be
deemed to have approved t -e request, If, in the judgment of City, the proposedim or activitya weld
notbc permittediu the fb= proposed,but could bepermitted if modified, them City's response sball
propose to Grantor the suggested modification(s) and/or conditions that would permit the use or
activity. V Graator disagrees with the City's decision in any respect, the parties shall mediate #x*
disa;resment.
Gtautmm gel
tAc const=u don, instaUatiah crp1aoe� mt of buildings, stntctures, or other
improvements as the Property only as permitted in parapapbs (a) through (f) below. Grantor shall
advise the City i n writing prior to underWdrig any cod wort m or outer improvement on dw Property as
pwndnW hors so as t:) =able City to keep its recadds ou=nt uLd to eonErm, compliance with the
Easement.All "uAW .sm'ia � as described herein, shall be oor�structod in accordancewith applicable
law and regulations of San Joaquin County. All other construction, installation, orglacerntmt of
buildings, stt WOO* , or ether improvancou on the Property is prohibited.
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For purpom of this Pa xamph S, the tam 'gatovapa 6W-8hall not reCr to bees, vines, .
bushes or other planta cultivated for Qotmneroial or Personal M40ulUd pdiposos, nor ""t refer to
isigalgon mWov�map acceetary tx desirable by. armtor to irrCpate dw Prropwly Ibr agricultural
purpose, and City's c xma surd! not be. n gabvd in connecffi with any su" antivifws-
(a) Feewas — Sxisting *wcs. tnay. be uaapdred and replaced, area sew fences may be built
sAywbw an the Praperiy for pUrpoies of mtoaany at kultutat mauragemeat and for security of farm
produce, mops, livestock, equipment, water moorow, Tesidenm and ala other impmvo mab on the .
Pr61arty. :
(bstruatWtes' avd .
impmvemmft as.showa in Bxbibit S mw ba upskek eeluged, endTrepisced at d1w cu�aitrocatioti8
within the -Farltnsh" Area,for agrieu antral purposes. Neve buildings and odw strustam and
improvements to be used solely for comrmweial or pww%W agriottltunl prod adon on the properly,.,
WcWA=S barns, eguipmoi diads arA improvements to be used -for Wkulutaal produotion.pucposes or
sale of h m products Predomiamtly grown ,or raised by Grantor -ars the Property (other thea any
dowelling or agricultural employ" hou" may be built on the Property within the Fsrorstead Arca,
In addition, const: i6ft or installation of m0cultmdl buildings or impravetitSch.outsida the FatmAnd
Aron maybe built with ,dw pEoq duioo of City putsuat to P.rag h 4 if City dkb=dinei both of the
fouowiag apply: (3) tins hdlding or * vett mt:ball be used agrlcuttXl man purposes cc
We of faum produce pSco" or raised by Cn aW on ttu ProperY, and (d) to bu ildiag:or .
kVMVeaoent cannot t'e SOVAbltiy' be aeoomaLodated within the Fwmatmd Area. :
(c) Singlo-Fan ily Residmtf it Dwellings —'rho single-family dwelling arid. related buildings
Awwn in Exhibit 13 racy be npdred, enlarged or replaced at dWr qun=t locadi:;�infty within ft
Farmatesd Area alarm ire Exhibit s. iVfarsavor, than may be constructed is the fa mstead area; of'
each ofthe remaininS.parcols after the parcel splil(s), no more thein one (1') AWS10-fancily dwelling
(which Imay, if othftvisie ppnnissible under applicable local latws,'incIUAe one (1) �a0whed or detached
"second vrAV as defined in CoUgn is Govommeat'Code Section 0,952.2) 8nd, except ae o&w*ise -
provided is this Baseunent, a>aoillary improvements reasonably related -Eo tlw'use god occtnpaacy
thareo£ ImpmVeaftts within #ray snch f =me'ad area may be repahw, enlarged; 'replaced, or
relocated entirely withitl such A nrnstead area, No other residers w * uctum stay be'.eonstructe d or
placid on the PtgpartY accept for agricultvaal employee housing per Farag=aplti 5(d).
(d) Aadcult� Smployee Housing -New e06uhural employee housing raay be,
coamwed or prod an the Property Itper W''ble witWn the zoning rules applicable'to dw Properly,
if reguabd is wridq by the Gtontor only with the parmisAm of City arA only if QraaW c$&
demonstrate to tkY 1. satisbcdon dndsuaeh agricultural cmploy�es houOng is removable and accessary
for Nocultuml purposes, Any Wcaltural employee !lousing must be located entirely within ai given
iarmst" d
(e} Utility Services and Septic Systems - Wiras, times; l spm cabla or, other f�liaas
proVU4 electrical, gas, water, sewer, communications, or other utility services solely to and saving
the HnMveme is permitted hecaa may be installed; maintain4npaired, removed; relocated and
replaced. Septic or odler ulkqgrouad UrJWy syhtema serving the iMpmVeUMN permitted heroin
MAY be 1OW1 d, Maintahud, rapaind of iMProv 4 but shall be located, to the greatest extort
Practicable, within a given hrmttoad area.
CVAZ's,n xa9uu►Miaau;�.CaT� 11,29VA6 Page 4 of l6
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tQ *o adoaal Ings ove®sats -- Private recreational improvements (a.g. swianming pool,
Yaarri$ aero-comMaecial use of t oac�upantt of airy single-fs►nliy.deYliag
upon the Prnpwty sad their pan are pwnitted, within any Siva tharmetead am, Eel ioopter pads, Vif
courses, recreatiorW vehicle raceways and auplace landing strips are prohibited, ,
�sThe division, subdivision, orpaWt� of the ?Me[% including trauda of dci�dopaient rish%
whether by pbviy6c4 legal, or aW other procew is prohibited;�tet
r ^how"W, duVi Cwmtor W
City Wcc'tbat the Property ran only be split into separate legal pascals if`doae so pursuant to the
Property's Gameral Agdaulturc l za mbW spluable to the Pmprrty as now or hereafter permitted.
Grantor agrees that Creator will not apply for or odwrwise seek rccouldon of any other legal Pamela .
within the Property over and &ova those set fo h in" provision. Lot line adjusmments maybe_
parrnitted solely with the apptpval of City and subject to applicable lard use unbutity of San loaq=6
County, and farpurposes -of mainWniA& whaacing or a7ipanding agricultural prscticea or productivity .
on.tha Plaperty.
Bxtpt as speei&ally reserved far or set; form in this PaseM4ntt'G4ador hmby. pwo lo. City
SU drmlVamat NOU that we now or " bwodW be-dlocate.d to, i mgH4 , appvrtedat to,
or inherent in the Property, acrd the parties agrae-that such rfSW Am isleaaW, t=dusted, sad
extinguished, and may not be used -on or emfcrred to -any porthm of the Property as it no* or later
may be, bounded or dcertibcd, arae uiy.odw property a4jiciwt or, odmwise; or used -for the purpose
of calculating permissible. loft Acld.of to Pioperty or, any other Property. This Ba MMOL shall not
create any. developaxant rights but "—only permit development as set froth hada, .
S. No Waste
No.wasts, relin, 4*14 YoWole pats, rubbish, debris, junk oe wsm shall be plasad,-scored,
dumped, bused or porrrtitted to r rosin ort the prop". sgcspt a , aably'nqukt i for to use of the
PVW=ty as PO mittsd h wcin, and cmapt in sacmdaace with applicable laws. Tho stomp of apicultni
p v&cts, rh
cultural eraicals (iacludt harbicida
, pesticides, fungicides, fa t'liz s, aid otic
materiitl aaaamaronly uaod Bing oPe cma3. agidm9=vi'b)v*,duma and aZdcukt4* equipzncnt;
A of which sat rued or produeec# on the Property in swordspee with applicable laws are mprm*
permitted.
Gr'at1tA;'" mtsin-and rewyc all p wand waw, and sli.appropristiva, ar7 is%
contractual or other weer ruts appurtattant to the Property as of the data of this Easement. Grantor
shall not PamaoaatlY ttwaft, anoodw, lease, sell, or otberwisa separate water or water rights'or
water aoceea/usa'Yigfs ltom NO to the Pmpwtyitself oarcept as may be pat of ft parcel splits
permitted under ?%rgMh. 6,-sboft G motor retains ex right to use, maiva# da, establish, copsauct, and
improve water sources. water cxKates Md WNW bodies within, the Property for the' use
a petrmitted by
this Baszmunt, Wo+vided.that grantor dam not dVditandy impair or'disturb the asauai course of the,
surfara:wster drainalpa or ntnoff floawing am the Propody.. Chamtor may alter. the aatgrA now of Wain
over. idie Property in ardor to improve drainage of agcla dtural soils, reduce- sail erosion, or improve the
CWT Sae JWq* >Agkdm CC bbl i 3.2 06 Pass 3 of 16
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90'd 6Z:Bt L00Z H Inr 909Z6696OZ:x29 NOdla JO AIIJ
agricultural maonrrrngU potWiswl of the Property, provided gush alterstim is coneietW with the
Purpose of this fte meat and is carried out in accord=ce with applicable laws.
10. AiffAn rued NO fir.
Except as expmulp set forth havin, sis owner of the Propwty, CvMtw seaarves all its in
the Property not t;afrred, conveyed, restricted or pmfh bind by tiffs RUMOut. 7IMS owe rahip
rights include, but are not limited to, the right to sell, lease, gift, devise or otherwise brofer the
Property to anyone Grantor ohooses, the right to divide the larger PropertY into smaller Parcels of land
so ]sing as such division is is compliance with the Craneral Agricultural zoning rulos and regttlatiops
n o w cr bereaPter permitted, as well as the right to privacy and the right to est IU& anY member of the
public from trespassing on the Property and any other rights consistent With the purpose of this
Eva nwtt. Nothing contained herein d" be c=gtruad as a grant to the $meal public cf any right to
eater upon any part of the Property. Nothingin this Basement reliever, Grantor ofany obligation or
restriction on the use of the Property imposed by law.
11. Resnmibilitics N---a—W.
Other thea as �spedfled hear, this Easement is Pot intended to ' any legal or other
reponsr'bility onCity, or in anyway to affect any existing obligation o�tar is own=ofthc
Property. Among other things, this shall apply to
(a) Taxes — Grantor shall be solely responsible fix payment of all taxes and Sweanwab
levied against the Property, If City ever pays any taxes or sweetmeats on the Prapot'ty', or if City pays
levies on Gtreawr's interest in order to p bect City'sinterest it the Property, Gator will reimburse
City for dw same,
(b)Tppk and M e — Cir2vr shell be safely respaasible for dee upkeep and
mai ten e o tFie party: shall have m oblievion for tho upkeep or maintenances ofthe
pmt.
"O
Usbility and iadamr�oadan W 0mitor Mmll Wemnify, protest, defend and holds
harmissa City, CWAi ms and FC3, sod their officers, direatota, ,shamhOldim, employees,
contractors, legal representatives, agents, successors aad assigns (collectively, "Agents and Assigns')
from and agaiMA all liabilities, coos, losses, orders. U=s, pmaltics, claims, demands, damages,
expe'aos, or causes of action or cases, including without Urrutation rcasonable attorneys' fees, arising
out of cr in any way connected vAi or relatin g, to the Property cr the Easement (but tiffs provi situ
shall notap lym the event of a oha11$nge by a third party toff legality of this Mitigations Eas=wnt):
tyraator sl be solely liable for injury or the death of any perm, or physical; damage to anyproperty,
or any other Costs or Liabilities rouldtIg from any act, omission, condition; violation of the law or of
this Eaameat or otherrelated to or ccau=in an or about thea Property, regardless of cause,
unless due to the gross negligence or intentional misconduct of City.
(d) No R onsr'bili Ci , GY't' or FCB - Neither City, Citii nor FCB, rite any
oftheir A9=ts andAl tgns, s i flaw gyresponstbility3� the operahonofthe P peaty, rraanitor�g
tho uses ofthe Prgperty, or the protoation of Grantor, the public or my third pares Som risks or uses
rtiltitig to ths' Propiertq.
CMs#n:0"W S ha%W%C6W tlssroa Page 6cf 16
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12. QUY '
City" manage its as holdar of dds Easoment. as as to upholddW PWPM of
this went. City's reRMUMlitiea include, but are not limited to, mmial mooitoring vWts, record
keping,. and enforcement, for the purpose of preserving tlxc prapWs giiia+0ltwtal pz+o&iettve NPROM
in perpetuity. City's annual monitoring visit to the Property shall he during busineso hours on a liven
weekday each January following the effeotivs date of this Ea9eratnt, City shall Si" Grantor at lest
one (1) week prior written notice of its visit by no more than two of Citysrepresentattives, Vft shall
View the Pwpady solely fbr the purpose of observing compliance ornon-compiianco with dna teems of
this Easement. City's =nal report shall descn'bo the conditionof" Property, stating whet= any
violations were observed during the Visit, describing any corrective actions to be taken by Grantor and
Whether any transfers of interest in the Property were made by Grantor during the applicableperiod.
Fail= tonisks such monitoring visits shallnot impairthe validity of this Easement or limit its
Fnfor�oeabilityin any way.
City shall ftKUMIfy, defend Wilk co�tmsel ofGr nwr's chows, and hold Crsantor h=ales firm
each and every claim, expense, loss, liability and da=ges, including Grantor's axftonwys' few, wising
nut of C Lty'sw*Y ou the Pnperly, unless caused by s violation of this Easement by Grantor.
City may tam all aacdm dw it deem aaaoa wv to easure Oona Baleen wig the teams,
conditions, covmaAts a-d purposes of thisEmement at azy time, inch& tho xkkto prevent and
cornet violations afthis Easement. Grantor shall tademnify, protect, defend and holdhartnleas City
and ite respective officers, directors, moubws, employe, eontrw=, legal mpresdutives,�ge�at�s,
successors and Assigns from and against all liabilities, oostt, losses, orders, liens, penalties,=,
demands, dam, aocpeases, or causes of action cr cases, including without limitation reasonable
attorm"' fees, arising out of Grantor's violation of thisEasemont.
If City believes in good faith that Hare has been a violation of this Smemsat, it may at its
discretion take gVvViate legal action to e m compliance with the terms, conditions, covenants and
purposes oftbia Easement. Except when an ongoing or imnikent violation could irreversibly diminish
oar impair dw sagdou ltw al productive capacity of the Property, city vWA On Grantor written notice of
the violation and dsitty (30) days to correct it, m a condition precedent to filing any legal action.
r'a court *ft judsdiation determim that a violation ofthis Easement has occurred, My may
obtain ani V' U40U , specific p ennanc c; or any other gVrooste equitable or legal remedy;
including (i) reatvra*m oftho P petty to its condition existingpdar to such violation; tad (ii) am ap od
for all City's expenses incurred in stoppkgand cormcting the Violation, including but not limited iD its
reasonable attorneys' fees. City'sremedies under this section shall be twnulative and shall be in
additiuh ID all remedies now or here4ar exisrir g. at law or in equity.
13. &task ofr
If City should desire totrarffer thin Emcmemt, City muff first obtLin w itton permission from
Guenter, 4ddz permission dall not be wawnably withheld.
Curr ate,'"Ida MtiVIM carp► z use Page 7 of 16
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If Chia Bwkn d ie uL6mgely udp*d on that basis, it mayaedy be amdswd or U3=f Tr -d by
City to: (i) aprivate nonprofit organizationthat, at fife d=0 ofttanaft, is a"qualified o4X92Aftle'
under a Llion 170(h) of the U.S. Internal Revenue Code and meets the raluhu etfis of sectim S 15 , 3(s)
of the California Cir l Code and has similar purposes to preserve agiicuihffA lands and open space- or
(ii) a public agency authorized to hold intmats in and property as provided in section 915.3(b) of t ie
California Civil Code. Such au assigwuW or trahafer =y proceed only if the organization or agency
expressly agrees to mo= the responsibility imposed on City by the t a m s of this Eaaemer t acid is
expresslywilling and able to hold this Easement for the purpose for which it was mated. All
assignment and assumptionagreements ttaosf lag thi Easement shall be duly recorded in Sat!
Joaquin County.
If City or its a comra ever aeaeee io mdat or no Ian= grfiMcs under aeotion 17CKh) of the
U.S. intim Rhe Code; orapplicoble state law, acourt of oompetcat jurisdiction, i OnSwtatiog
with Grantor, shall select an appropriate private or public entity to which this Easement shall be
erat►sl4st't'ed.
14. IitereEsr.
Any time the Proputy itself, or any interest therm; is to be CCS by Cihdbr to my third
party, Grahivr shall notifyCity in writing at leastthirty (30) days prior to the transfor of *0 Propaty
or intent. Any doc mens of conveyance by Grantor shall expressly ufoorporate this Enamt by
reference. Any lease ofthe property shall expressly ibcorporate d is Basement by reference. Fail4c of
Grantor to eomPly with the tam of this Paragraph Ghali not imps the validity of this'Eascmeat or
limit its enforceability in any way,
Corfdidmfad upon, and in Rtll udshedoc of, tW regnfremmu of tbo WmuEdelSW.
Gateway DeNTIOPMent AVft=WU6 includitfg the eofnpleto isfal appro'vala of this Easement by both
the City and Citizens, then, ah4 on that basis, FCB has agreed to pay Qrantor, and Grantor has W. ed
to receive from FCB, a fur and. mutually agreeable price for th is Ream at to be paid ininstallm
Pmt tothetc= of aralsted agreement executed concurrentlyh=with by RCB end Grantor,
16, &zwk1ga ef&w=L- Rernrdatioa
This FratY be urraflded oply with the written oonseat of Qrsntox and the City. A n y
M0h ==dMM shall be consistent with the Purpose of this Emwmt, and shall comply With alt
applicable laws, including section 170(h) of the internaL Revenue cam. uA any regfrlationa
promulgated in accordance with that section, and with section 815 et seq: ofthe California Civil Code
pr
8nY rOVINdNa promulsited 4mowft, No smambneot WWI dintirdsh or affeot the perpetual
duration or the purpose of this Easement nor the status or rights of either party under them= of this
FAsemeat. This Easement w well as any ahtendmcnt to it shall be recorded in San Joaquin County,
California.
17. Tem&WJM gfgmmaL�
(a) It in the lntend0a of the pwties dwt the pwpoee of ft be carried out fmvw.
Libasu consavctiom is expressly required for purposes ofelfecttfatW ft Easement in perpetuity and
cv8'r In low* k1tPdiaec9* I1XM Pap B of 16
6 'd SM 'ON
Nyl1 :e 1002 'll '�nr
60'd OE=£l LOOZ l4 InP 9B9Z66960Z:red NOdId 10 All0
the parties intend that this Easement duill be papftd sotwiOwtanding any future economic hardship.
If colt-mat—x= wise in flus fat= that aeadeor the pwpow of this haat hnposttble to accomplish, this
Easement can be faded ar altered, mer hwhole or in part, cnn1Y bylUdicial V10040dinSt In a court
of oosupatent jutitdic4on. Should this Easement be condemned or otherwise terminate -d on any portion
of the Property, the balance of the Property shall remain subject to this Easement. Th any such o'er
all relevant related documents shall be updated ad re-recorded by City m Sari Joaquin County to
mflsst the modified easement area. City shall be notified at least sixty (60) days prior to initiation of
any proceedings to tarmiaaw or alterd& Easemant,
) No irivt � or 8ilcnca by City shall be construed as abandomned of the Easement. Tbte
W that tho Property is not b agricultural Use is not reason for tarmtnadon of this Easement. Other
thso pursuant to eminent domain or purchase in lien of eminent domain, m 94= voluntary or
involuntary sale, exchange, conversion or comroyemee of any kind of all or part of the Property, or of
any ktarest in it, shall limit or terminatio the provisions of this Basement.
18. rn to cm
Thin Easedaat shall be intetproied under the laws offtState ofCalifarata, > mlying
any ambigu4es and questions of the validity of specific provisions so as to give maximum effect to its
purpose. Refe�aes to authorities in this Easement shall be to the statute, rule,regulatian, ordinance or
other legal provisiontbat is in effect at tho time this Eas=ent becomes effective. No provision of this
Eaeensent shall constiWo go w=wtwW approval of any improvements, construction or other activities
UM =Y be permitted underthis Sasaamat.
MV777-7 71
This F,11==t pumant to CalitbrAft Civil Code gentian 815.2, slull nmwith the lartd in
perpettuty, Every provision of this Eseement U st applioa to any party named hw'dn shall also apply to
their respective agents, heirs, executors, administrators, assigns, and all other successors as their
interests may appm.
No maw of title, O"te or shall be deemed effected by soy previous,
car,terr►p orarseous, or *baegWM deed, grant, or as'sigmnent of an interest or estate in the Property, cr
anY portion thcrept to City, or its succaaaote or assigns. It is the expma intent of the parties that this
EUemeflt not bo Exp by, or merged into, or modified, or otherwise deemed affected by any
other interest or estate in the Property now or hereattrr held by City or its sucoes m or usigas.
20. t,MworIs Envti+m matal Warrranety.
Grantors that items no actual knowledge ofa rdew or threataud release of
Hazardous Materials (as defined below) on ft Property and hereby pmnm so to defhnd andkxkmmA ~y
City, FCB and Citizms against all litigation, c l aims, adnwii strazive actions, coots, dem , penalties
and damages, including reasonable attomsya' fm and costa, arising f m or connectedwith any
wlessc ofHawdous Matcrials orv'lolation ofnty Envirdmmental Iaws (as definedbelow).
Notwiftandiag'auy outer por cion herein to the coo mmy, the parties do not intend this
BUOMW be coiishued'sueh Limit groe m in or gives City, FCB or Clt vm:
cVF1` sal tasgsia MiNpf;pt CI? 1�p1 y ti,2lrob Page 9 of 16
Ol d SSE9 '°N Misle Loon '1
0L'd Oc:cL toot 11 1nf 599Z66960Z:XRJ NOdId J0 !4110
(a) thv oblipdom orliability of an"Gwent" Cr "OPOIW cr•, • as thoso wards aro
deuced and used in Bwb m utd La: incl"% wiftut livagdtstiam� the Comprehensive
Environmental Response, Compensation, sad LiabilityAct of 1980, as �9= (42 USC section 9601
ct seq, and herria4er'fiMCLA");
) the oblipdo:u or liability of a pmim de$crt'0ed in CERCLA of 42 USC section 9607
(a)(3) oir 4);
(c) the obliptions of x responsible person Linder any appliesblo Envie m *M Lawl;
(d) the right to inveWpts and remediate ony Haxerdoua Materials associated with the
Prop nMr. or
e any conft l over Gr=dW a ability to krvadpte, mum, Mmogate, or otharwlse CUM
up my ousMsterials associated with the 1Prop W,
The team "Hazardous Malaria]," includes, witr> waw 1 -mi stiom (a) material that is flammable,
explosive, orradioeotive; (b) petrolellrA, products; and (c) hmdom materials, hazardous wastes;
hazardous or toxic substances, or related materials defined in the CERCLA, (42 USC ftetiaft 9601 at
seq.), thelimardoua Materials TransportationAct (49 USC section- 5101, at aeq.), the ITazardous
Waste Control Law (Califomis Hcalth and Safety Code section 25100 os seq.), the Hazardous
Substance Account Act (California K'ia 6 and Safety Code section 25300 et wq.). Resource
Conservation and RecoveryAct, as amended (42 USC section 6901 et seq.), tho Federal Water
Pollution Control Act, as amended (33 USC section 1251 et seq.); the Toxic Substances Control Ac4
as mended (15 USC section 2601 et seq. dw Federal Insecticide,Fungicido andRadenticide Act, :a•
arcaded (42 USC section 300£' et sq.) and in the regulations adopted and publications promulgated
pursuant to chem, or any otbez applicable federal, atato, or local laws, ordinances, rules, or regulations
now in effect or enacted aft this date.
The team "Envk*dm=W Lawn" includes, without lirniwion, myfederaL state or local or
protection h hearth, % mpla +a . m1 , H� order � ui nment gelating to pollution,
GaanttK relu+asaats =4 warrants fiat Grardor has good fee simple title tq the, Prwer*y Erne
flim say aeud all li@= or aaaamtsemoas except as shpwa on tl'rat ems PrWdXdnae`y Report
by First American Title Company of Stockian as of May 34, 2047 at 7; 30 a.m. as oar No. 87 p7 5.
2809528 iiwarpomted h=it by this reference, and hereby promises to defend against A claims
="xY to this=+ept+goettstian that may be made against tie Property.
Not�riduta the foregoing Graritoor mayenmumbw the Property cow or in the iitlM wit
debt in 24 ordinary course of Grantor'B agricutturai business operations, iuclud bs debta,ssociated
with the cougtrnct'on of structures and improvements that may built or installed on the Pmpa.ty in
sa ae with the teens of this Ems=out.
Ot�eor rvprwesm and waer�psts tient �a .Pxvpaty l: oat sub�act to.any otita > canaeevatiod
e�aammats.
Cori' am k"lin NidPd= Ca ill E azar" hp .10 of is
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If Orem-diaoom at ark►' dm diet rryouW=ding int in thePmperty exists &at is not
disclosedhweb, Grantor shall imundiately notify City of the discovery, and Granter shall take all
neoessaxy steps to ot3au+Q thatthe interest is -made subjeet to dis Basement and that the eaiiAGM of the
interest or the ox= �se of any rights under it does not interfere with the Purpose of this Emetmmt.
22. Suhmmmt 1iaMe&M.
Gm= may pt "imquent cowatvdion cc use reaidctdons' oh the Prop xty
provided that such eas=onta oruse restrictions do mtrestdct the opp6 turAtY fay husbandry0rad0W
on the Property, or interferewith any ofthe terms of this Easement as determined by City.. "Husbandry
practices"mean■ agricultural activities, such as those specified its tac*n 3482.5(e) of the Wforda.
C i Code, condubtodor maintained forcon=ercial purposes is amanacr consistent with Prope! and
accepted customs and standards, asestablWod ad followedbysindlar sgriquimral operations in the
same locality. ClWsWritten approval shall be obtainod at least thirty (30) days in advance o f
executing atq► proposed subsequent easement or use nestricti,ah an the Property, and such subsequent
casen a m or use wiftiodmn shag make reference to this Easement and be subordinate to this
Easement. City shall disapprove any proposed subsequent casement or use restrictionthat appears to
restrict husbandry practices, or diz i shes or impairs the agricultural productive capacity of the
Property.
VUb City's pda pamk9kn , Grantor may grant access cad utility mumma nvK the Propcity
to a%amt landowners, City will notwithholdoonsent trey such access and utility easements so
long as ouch easements shall notdPift2,W1Y diminish orimpair the agdcuhsasl productive capacity of
the Property. Any such subsequemit eascmeat shall be in writing and shall be duly recordW in San
Joaquin County.
23. .
An y notices ID Grantor and City required by this Basmwt shell be is wdting and shall be
personally delivered or sent by Scat elm mai, to the following addrends, unim a party hu beau
notified by the other of a change of address,
To Grmsor. 'Brayed aad Deoiae Na>aama
P.O. Boot lad
23400 Milton Road
Linden, CalUbrnia 95236
With appy ta: John J. Psridge,
Apornsy At LIM
.7540 ShoraGne Dade% Suite F
Stockton, California 95219
(Attorney for Grantor)
To City City Of Lodi
Attention: C by Manager
PA, Box 3006
Lodi, Ciliftmis 9,5UI-1910
CW -raw m aM i 1,"M Par t t of 16
Zt'd 0£:Sl LOOZ ll ISP 999Z66960Z:Xej NQdId AO A113
If any term, provisUm oov==% canditiou or nst iatlon of rids Bucm t is held by a carat of
competent jurisdiction iD be 1mlawfhl, invalid, void, unenforceable, or not effocrive the remainder of
the Easement dell remain in full force and effect and shall in no way be affected, imp,&U4 or
invalidated,
Execpt EE h e related Basmant Conddcration Agreement as wAW Up date by FCB and
Grantor, tilis Easement to the Emil and complete expression ofthe agreement between the pis with
MP ect to this subject matter, mvi d ed, further, that arri and a I I prior or cco��tt��n���oratLeonts agr8ements
with resp'ect.to this Eubjeet matter, wri#en at orir . sure morjed into and ampenede.'d by 1�it �cvri�
26. Xxh9ft.
All Echihiaohod m thip �t ss++4. �aod in this .Eamoat by �.
27. d4
As attiaeid by the. dpmftvof iti -City Maffei sfced heft. in anhsue>p for *odic
oonaidersdaa. MY heOby aoeapta Without. riiaaivedou the rihts sand rwoonsMIltin conveyed by this
Grant of AxiieWOW IViidystlon Easement.
TO HAYlt AND TO MOLD tM [irate at AVkult W Mittptiow EttslsrsNnt sift CK►, is
suds send wM& famer.
?n Witness Wba w4 Qrantor and City, intwding tr) legally bind ftnuwive, have set their
on ft date and yaps flm writtm above.
Riobnrd and Danis N==
C„ 1TY
City of Lodi:.
cvrrsa�N+ilpr�!wbpl tt,t9Ai '
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P* 12 of 14
999Z66560Z:Xed NUN do A110
et�r.�s aa*�r
STATE OAF CALVOKM) As :
COUNTY OF 8" JOAQW
Oa ! -We„��K,�s.F. ��w • Nawy Public Of the State of
C916=ar: pummOy Wmvd WichadNMOW. Baa Dal" Nou nig, ym wnaluy limom to me (or
proved tome on the basin of "Ud"tM oodaa a)jo be,the pmm whose mm is subscribed to the
within ingn msnt aIld arc ayw ed tome d* hdshe*Ay exacmd tit. some in hi'WherAbdr
au*waed coaaeity or capadda, and am by hislhrxft * sipam ax-aiPMm oa tt 0 i=ttiUm=2..dw .
pmm or palms or the entity upon bdWf of which the pmm or pasoaa, acted, exactted dw -
icsmvmsynt,. .
i
WITNESS my hand Bald aliidal. seal. I11a�1 .
SAM EM
Signature 0� ' tt, W.
STATE OV CAz POWM} am .
COUNTY OF 3" JOAQUW)
On befam mc6 , Notky Public of &a St.Wa of .
C*iifar,nia, pwo man y appmw d1* xhm pasoalally bipwn.Io me (or-pro"d1a me On'tire basis of
Notary evidow0 to bed* perami wllosi assns i::anbscr'bed to fife wit h iaaEnrm t sad
aclwwWaad to me that he/W=' wy exmmW the =D'o in bin/ mAkeir mod aapaaity or,
capacitive, =d to by biWhm** dpaun or dpm taaa on tic. t. the pampu or permw ax
the entityuponbeWoff'w 'the pmm.of persmno sited, imuted dttinstrwimt.
WI'rNM,aV hafmd'md official meal. '
Cvrr se 10901141IR mosma CCB* 112111" Per 13 d 16
trl 'd �5�9 'aN W.V-Z8 LOR 1111 ^P
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