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HomeMy WebLinkAboutAgenda Report - July 18, 2007 E-30AGENDA ITEM I66D •, CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Authorize City Manager to Execute IndemnityAgreement with GREM and Caltrans in Connection with the Lowe's Project on Kettleman Lane. MEETING DATE: July 18, 2007 City Council Meeting PREPARED BY: City Attorney's Office RECOMMENDED ACTION: That the City Council Authorize City Managerto Execute Indemnity Agreementwith GREM and Caltrans in connectionwith the Lowe's Project on Kettleman Lane. BACKGROUND INFORMATION: The Lowe's project required an expansion of the Caltrans right-of- way on Kettleman Lane. Under a new Caltrans policy, parties who dedicate rights-of-way to Caltrans must agree to indemnify Caltrans for any environmental contamination on the soil at the time of the dedication. GREM dedicated the right- of-way to the City early on in the project and Council authorized staff to dedicate the property to Caltrans in Resolution 2004-193 on September 15, 2004. Because the City is making the dedication, the City Attorney's office recommended that the City seek an equal indemnity obligation from GREM prior to agreeing to indemnify Caltrans. GREM has agreed as indicated in the attached Indemnity Agreement. Accordingly, the City Attorneys office recommends that the City Council authorize the City Manager to accept the Indemnity Agreement and execute an agreement agreeing to indemnify Caltrans for environmental liabilities that existed on the site at the time of the dedication. FISCAL IMPACT: None because the City will be entitled to indemnityfrom GREM if the Caltrans indemnity is ever triggered. D. Stephen Schwabataer City Attorney APPROVED: / t -)6Y` Blair King, Clager INDEMNITYAGREEMENT THIS INDEMNITY AGREEMENT (the "Agreement`) is entered into as of by and among the CITY OF LODI, a municipal corporation, ("Lodi"), GREM (insert appropriate entity and corporate form) ("Developer"), (collectively referred to hereinafter as "the Parties"). RECITALS 1. As a condition of securing the right to develop a commercial center known as Vintner's Square in Lodi California (Project`), GREM was required to dedicate rights of way to The California Department of Transportation ("Cal Trans"). The Rights of way are depicted in Exhibit A, B and C attached hereto. ("Property") 2. As an accommodation to Developer, the C i acted as a conduitfor the dedication by accepting the dedication from Developer and now seeks to dedicate the Property to Cal Trans. 3. Cal Trans required that the City provide indemnity to Cal Trans in connection with the dedication in the form attached hereto as Exhibits D, ("Indemnity Agreement`). 4. The City is only willing to provide that indemnity if Developer agrees to indemnify the City if it is ever called upon to perform on the Indemnity Agreement. CADoeuamab and SettbW\KGW4SU.oW SettinpWempowy hdcnmt Fdm\OLKIFW;c ckclndemniryvgeenxW (3) (2) - Final - m-0s-07.doo 1 NOW THEREFORE, IT S HEREBY AGREED BY AND AMONG THE IW_1:491=Y:I+1e11COATA-3 1. Indemni . Developer agrees to indemnify, defend and hold harmless City, and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability arising out of or related to hazardous materials that are alleged to exist or actually exist on the Property as of the date the Property was dedicated to the CHy 2. Authorthi. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she is a duly authorized representative of that entity with full power and authority to bind the entity to each term and condition hereof. 3. Further Acts. Each of the Parties hereto agrees to cooperate and to use best efforts to take all actions necessary to effectuate all of the terms and conditions of this Agreement. 4. Attorneys' Fees. In the event that any legal action is necessary to enforce or interpret any provision of this Agreement, the prevailing Party in such action shall recover its costs and reasonable attorneys' fees. 5. Miscellaneous. a. Successors. This Agreement shall bind the successors and assigns of each of the Parties hereto. b. Parties Represented. Each Party to this Agreement has been represented and advised by counsel in connection with ft negotiation and C:1 XmmeM and SeMWWLGIKAS1i.00el SeWSATdVW" bWW Fda\OLK1 (3) (2) - FuW - 07-05-07.doc 2 preparatiin hereof, and each shall be deemed its author for purposes of the Agreements construction. C. Integrated Writing. This Agreement constitutes the whole and only existing and binding agreement bin the Parties hereto on the subject matter hereof, superseding all prior understandings, whether written or oral. Other than the representations expressly stated as such in this Agreement, there are no warranties, promises or representations of any kind, express or implied, upon which either Party has relied in entering into tsAgreement, or as to the future relations or dealings of the Parties. d. Amendments. This Agreement may be modified or amended only by a writing soned by the Party to be charged. e. No Waiver. The waiver by any Party hereto cE any right, privilege, covenant or condition hereunder will not operate as or indicate a continuing waiver cEthe same or any other right, privilege, covenant or condition hereunder. CADocgmem and ScumpWOU ASUAcak SaRmplTempormy bound FiW0LKI (3) (2) - Fidel - 3 CITY CF LODI, a Municipal Corporation Blair King City Manager Attest: Randi Johl c&y Clerk Approved as to Form and Content: D. Stephen Schwabauer, C i Attorney GREM , Developer '0001, wmul.-'mFAX�02, /N;— Da President \*Wdoc.comldffiPm51ee1KG"\My DataamtaWwn Aomncm viftm SWwe\City of Lo&W*weloelnden nWWe=m* (3) (2).doc WHEN RECOROED MAIL TAX STATEMENT ANO RECORDED DOCUMENTTO CITY CLERK CITY OF LODI P. O. BOX 3006 LODI. CALIFORNIA 952414910 EXHIBIT A RECEIVED DOC a 2004-240075 10/29/2W4 09:500 Pee -NC NQV 0 L9 2004 Page I of a RecordedIq Official Q*ce,-ds I-Ily crok k County of f San Joaqu3n GARY W. FREEMAN Assessor -Recorder -County Clerk ps U% ON 1, N S14MIN On S"O ... CU spAc*AN"ABOVE L" FOA RECOrMPr$ U GRANT DEED THE GEWEKE FAMILY PARTNERSHIP, a California Limited Partnership dohamw R LOI; 0 municipal corpora ftn of the State of . CIri, Tel' Cafifomle, aft'llia'ieal. properly MRU In. state of'Californle. described as follows: SEE EMMOrr "A' BY: Dated: 1U-1— ta This document MUST be notarised. Please attach Description approved: The Geweke Family Partnership L) a�nt PreVsenWt, mmw "pstrn Gen0al Pak," r notarial acknowledgment. Dale: Exb1bit "A" Right of Way APN 027-420-012 All of Parcel 12 of Parcel Map of Vinter's Square, according to the Official Map thereof filed in Book 22 cf Parcel Maps, Page 176, Snn Joaquin Coonty Peoords. located ill Section 10, Township 3 North, Range 6 East, Mount Diablo Base and Nferidian, City of Lodi, San Joaquin County, California. Containing 0.46 acres, marc or Ica. This real property description has been prepared at Mark Thom is & Company, Inc,, by me or under my direction, in conformance. with the Professional Land Surveyors Act. September 13, 2004 Jon Scarpa LANo SGVL JON D. 6 P 4. Na 756+t rn 4A CITY OF LODI EXHIBIT A s • PUBLIC WORKS DEPARTMENT :3 J y NT N Y I! i YS +r: nao a H9Y O7 : i SUN rig fz �:?� -�-r � 1C'61t ;•t �i 1 } ',OF rP � . n 14tt , e; n:l.9Z u000M .+4'C: •~� 1 a ��;� r ~' a 10 SISYp T s 1-It.t 4i42h n1 1! [t�S00N1� .0,�_ �.l9'ii, _ `� 3•r•.rLSOn{ _ !1 49L b,J +iIsC" rjl Y .19'i[ 1.1 r� �r✓ P +1 �� 41 i e a ti.o r Itis I i 6L Fl e I 1 s N 1L%S{IQh .tooe& - 99 IGC - L V9 Ott n 1}w L 1 i.Gph -w 6 ~ k 1 x .i0'94C 3.t9,S&LO1 1 w L'•IUN L . i Ir b N VC w I �.Od'9fi j OC p 4Y r x` ` — �♦ «e.�'�A2�h 9� rn N � i Jl 40 sf l44 7.11.90=h X11' n y y w►E $ez l *� W ic <_ « s- sy 4 r 9 L_ .J _ .- �-lC'9eC� - - _ �. ,• .L. � �.0 t'IrZ '- . �,« � � � o 95t1 h ' - ^ •!� - 1iS SZ41 3,eD.S600r - 1 �airA7r rG�K:I REC='�, -7-, .. WHEN RECORDED MAIL TW, , STATEMENT AND RECORDED DOCJMENT TO CITY CLERK ' CITY OF LODI P. 0. BOX 3405 LODI, CALIFORNIA 95241-1914 EXHIBIT B DOC a 2002--227608 09!12/2085 01:50P F**:NC page 1 of 5 R*Cerded in Offieial Records County of San Joaquin GARY W. FRF.EMAN Ass*ssor-Reorder-�e�nlyy Clark Paid b SNONN ON CURENT 11111111111111111110111111 �1 IN ^,-iv u" r •iGu-U i SDa--E A80V E THIS'_ ,_ =�)R 7Sr- 27,9 West Kettleman Lane GRANT DEED 3a") b THE GEWEKE FAMILY PARTNERSHIP, a California Limited Partnership do hereby GRANT In fee simple absolute ID the CITY OF LODI. a municipal corporation of the State of California. ail that real prOPerty situate In the City of Lodi, County of San Joaquin, State of California, described as follows SEE EXHIBIT "A" 0A THE GEWEKE FA#ffCY RT HIP J 7 C�-��a� R�t�-���'C`ie�vQl��t►rns�`>� This document MUST be notarized Please attach propernotarial acknowledgment Description appy ved: Date � r1l, 9 - 7-0 Exhibit "A" Right of Way —State ATN 027-420-001 That portion of Parcel 1 of Parcel Map of %'intner's Square, according to the Official Map thereof filed in Book 22 of Parcel Maps. Page 176, San Joaquin County Records. located in Section 10, Township 3 North. Range 6 East, Mount Diablo Base and \4endian, City of Lodi, San Joaquin County, California, described as follows: Commencing at the southwest comer of said Section 10; thence along the south line of said southwest quarter of said Section 10 South 89°21'31" East 40`'.821 meters (1' 1.62 feet) to the southerly projection of the west line of Parcel 12 of said Parcel Map of Vintner's Square; thence along said southerly projection, North 00'01'15" West 19.017 meters (62.39 feet) to the general northerly line of said Parcel 12; thence along said general northerly line, North 89°56'43" East 19.516 meters (61.03 feet) to the Point of Beginning at the westerly line of said Parcel 1; thence continuing North 89°56'43" East 2.258 meters (7.11 feet); thence South S l °31 '34" East 7.649 meters (25.10 feet) to the southerly line of said Parcel 1; thence along said southerly line, the southwesterly line, and said westerly of Parcel 1 the following three (3) courses: 1) INorth 89020'59" West 4.905 meters (16.09 feet), 2) North 44'47'08" West 1.716 meters (15.58 feet). 3) North 00'04'13 " West 1.326 meters (1.35 feet) to the Point of Beginning, containing 19 square meters (205 sq. ft), more or less. The bearings and distances used in this description are based upon the California Coordinate System of 1983, Zone 3. Divide grid distances by 0.99995 to obtain ground level distances. This real property description has been prepared at Mark Thomas & Co., Inc., by me or under my direction, in conformance with the Professional Land Surveyors Act. NL r_anrMICHAEL Q sG Mich el J. Stanley Qti5 STARES �; x 4 LS 5978 * k EXPIRES / * ,PDEC.3t,2004 Q �CF CA4�F���\ June 24, 2004 3;C16 13earings and distances are on the California Coordinate System of 1993. Zone 3. Divide distances by 0.99995 to get ground distances Multiply meters by 3937/1200 to gel U.S. Survey feel. N 8 9'5 6' 4 3"t 19.516m� (64.03') N00'04'13"W —/ 1.326m (4.35') N 44'42'0R"W 309, 1 SEC. 10 T. 3 N., R. 6 E., M.D.B.& M. City of IaE San Joaquin County, California PARCEL 1 PM 22-176 APN 027-420-001 N 83'56 '4 3 " E 2.258rn (7.41') S51'31'34"E 7.649m (25.10') 00 N Kettleman Lane SECTION LINE S89'2 V31 "E 6reas OTAL PARCEL 0.71± ha .76± ac) EW R/W 19± s -m. 05± s.f.) m 4m 8m 12m DATE: 06/24/2004 EXHIBIT "B" SCALE 1:20 APN 027-420-001 CITY OF LODI 027-050-23,DWG GEWEKE FAMILY PARTNERSHIP Prepared by: &-I—;7;7T 1 OF 1 1 Mark T nc:nas & Caripcny, Inc, WHEN RECORDED MAIL TAX STATEMENT AND RECORDED DOCUMENT TO CITY CLERK CITY OF LODI P. O. BOX 3006 LODI. CALIFORNIA 95241-1910 APN 027-050-21 341 East State RIB 12 EXHIBIT 0 DOC a 2005-066174 03/22/204S 89:13A Fee:NC Page t of 4 Recorded in Official Records County of Sart Joaquin GARY W. FREEMAN Assessor-Recorder-Countyy Clerk paid by SHOWN ON DOCUtNT SPACE ABOVE THIS LINE FOR REUCRDER 5 USc GRANT DEED THE GEWEKE FAMILY PARTNERSHIP, a California Limited Partnership 3aSo do hereby GRANT in fee simple absolute to the CITY OF LODI. a municipal corporation of the State of California, all that real property situate in the County of San Joaquin, State of California described as follows Dated: SEE EXHIBIT "A" The Geweke Family Partnership, a California Limited Partnership BY: 4A D Ge e P ' ent. Geweke Investment ine Genersl Partner This document MUST be notarized. Please attach proper notarial acknowledgment. Description approved: Date: Exhibit "A" APN 027-050-21 That portion of Lot 1 1 of the Taylor Tract as shown on Volume 3 of Maps. Page 47, San Joaquin County Records, located in Section l 0, Township 3 North, Range 6 East, Mount Diablo Base and Meridian, San Joaquin County, California, described as follows: Right of Way Commencing at the southwest corner of said Section 10; thence along the south line of said Section 10, South 89°21 '3 I" East 317. I80 meters (1040.61 feet) to the southwest comer of the property described in the property to the Mexican -American Catholic Federation of Lodi. recorded June 15, 1973, in Book 3772, Page 413, Official Records of San Joaquin County; thence along the west line of said property, North 00'04'18" West 7.620 meters (25.00 feet) to the Point of Beginning at the northerly right of way line of Kettleman Lane; thence continuing along said west line, North 00"04't 8" West 6.989 meters (22.93 feet); thence South 89°20'59" East 75.359 meters (247.24 feet); thence North 45° 17'52" East 4.805 meters (15.76 feet); thence North 00004'14 " West 0.920 meters (3.02 feet); thence North 89°56'43" East 6.872 meters (22.55 feet) to the east line of said Mexican -American Catholic Federation of Lodi property; thence along said east line, South 00'04'15" East t t.399 meters (37.40 feet) to said northerly right of way line of Kettleman Lane; thence along said northerly right of way line, North 89°2 F3I" West 85.651 meters (281.01 feet) to the Point of Beginning, containing 634 square meters (6,824 square feet), more or less The bearings and distances used in this description are based upon the California Coordinate System of 1983. Zone 3. Divide grid distances by 0.99995 to obtain ground level distances. This real property description has been prepared at Mark Thomas & Company, [nc., by me or under my direction, in conformance with the Professional Land Surveyors, Act. wo Aaz--w Michael J. Stanley%) �,L tApAs�` MICHAEL 9 JAMES er d STANLEY * LS 5978 7° EXPIRES # DEC .31.2004 CA1.\F�Q�� June 22,2004 3earings and distances are on the :olifornio Coordinate System of 1983, Zone 3. Divide distances )y 0.99995 to get ground distances. Multiply meters by 3937/1200 :o get U.S. Survey feet. 'V JAM"S �Tp STAN LE LS 5978 t EXPIRES DEC. 310 2004 fDF c�.��' L7� N i 6.989m (22.93') I 0 0 0 z SEC. 10 T. 3 N., R. 6 E., M.D.B.$ M. San Joaquin County, California APN 027-050-21 N89'56'43"E 6.872m(22.55') N 00'04' 14"W 0.920m (3.02')) N45'17'52"E 4.805m (15.76') " ry:, t.)+Vi 30 w 0 E C� 0') r7 r POINT OF S89'20'59"E r BEGINNING 75.359m 247.24') KV_ S891'�'E SECTION LINE New RNV 16 15 317.180m -- "�' "_` '_"- --- — (104061') Kettleman Lane 1reas 7.620m N89*21'31 "W I2jhI�ARCEL 01 s m (ji,�Mc)s f) (2 5 00') 85 1 ) )m 20m 40m 60m DATE: 06/23/2004 EXHIBIT "B" CITY OF LODI SCALE: 1: 1 000 APN 027-050-21 027-050-21.DWG Mexican -American Catholic Prepared by: SHEET 1 OF 1 Federation of Lodi Mark Thomas & Company, Inc. Attachment A (CORPORATION) EXHIBIT D W The Grantor(s) hereby represents and warrants that during the period of Grantor(s)' ownership of that real property being dedicated to the California Departmentof Transportation as Parcels 15552-1.15553-1.15554-1, 15748-1 & 15749-1, there have been no disposals, releases or threatened releases of hazardous substances or hazardous waste on, from or under said real property. Grantor(s) further represents and warrants that Grantor(s) have no knowledge of any disposal, release or threatened release of hazardous substances or hazardous waste on, from or under said real property which may have occurred prior to Grantor(s) taking title to said real property. Grantor(s) a p e that should said real property dedicated to the California Department of Transportation as Parcels 15552-1,15553-1,15554-1,15748-1 & 15749-1, be found to be contaminated by the presence ofhazardous substances or hazardous waste (i.e. asbestos, lead, hydrocarbons, volatile and semivolatile organics, pesticides etc.) which requires mitigation under Federal or State Law, the State may elect to recover its clean-up costs from those who caused, contributed or who knowingly failed to report the presence of contamination. IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this day of '20 By By [CORPORATE SEAL) 4A STATE OF CALIFORNIA county of On this the day of personally appeared I SS 20 before me. C personally known to me C proved to me on the basis of Satisfactory evidence PERSONALACKNOWLEDGMENT W Name, Title of Officer-l_,G., 'Jane Doe, Notary Public. Names) of Signer(s) to be the pess"s) whose name(s) Is(are subscribed to (he within Instrument and acknowledged to me that he/sheAbey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the inslrumenithe person(s), or the enlity upon behalf of which meperson(s) acted. executed Iheinslrument. W[TNESS my hand and official seal. (Notary Public's signature in and for said County and State) RECORDING REQUESTED BY: STATE OF CALIFORNIA VVIm Recorded Mail to: Department of Transportation District 10 P.O. Box 2048 Stockton, California 95201 Attn: Right of Ways GRANT DEED CORPORATION (DEDICATION) Space above this line for Recorder'sUse Portionof A.P.N.027-050-021,027-420-001,058-030-008,058.030.010; ALL OF A.P.N. 027-420-012 District County Route Post Number i 8552-1,18553-1, 10 si 12 PM 15.1 15554-1, KP 24.3 15748-1,15749-1 CITY OF LODI: A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA GRANTS to the STATE OF CALIFORNIA, all that real property in the Unincorporated area of the County of San Joaauin , State of California, as to Parcel 15552-1: and all that property in the City of Lodi. County of San Joaquin, State of California, as to Parcels 15553-1.15554-1.15748-1 & 15749-1: described as: SEE ATTACHED DESCRIPTION Form RW 6-1(6) (Revised 10199) Tkr Exhibit "A" State Parcel 15748-1 (Portion ofAPN 058-030-10): That portion of the North half of the Northwest one-quarter, Section 15, Township 3 North, Range 6 East, Mount Diablo Base and Meridian, San Joaquin County. California, described as follows: Commencing at the northwest comer of said Section 15; thence along the north line of said northwest quarter of said Section I5 South 89°21'3 I" East 402.831 meters (132I.62 feet) to the southerly projection of the west line of Lot 10 of the Taylor Tract as shown on the map filed in Volume 3 of Maps and Plats, Page 47, San Joaquin County Records; thence along said southerly projection South 00104'15" East 22.862 meters (75.01 feet) to the Point of Beginning at the northeast comer of the property described in the Grant Deed to the City of Lodi, recorded August 12,2003. in Document Number 2003-181033, Official Records of San Joaquin County; thence along the easterly line of said City of Lodi property South 00°09'02" East 15.241 meters (50.00 feet); thence North 89°21'31" West 6.706 meters (22.00 feet); thence North 00°09'02" West 15.241 meters (50.00 feet) to said southerly line of Kettleman Lane; thence along said southerly line South 89°21'3 I" East 6.706 meters (22.00 feet) to the Point of Beginning, containing 102 square meters (1,098 square feet), more or less. TOGETHER WITH the underlying fee interest, if any, in and to the adjoining public way. State Parcel 15554-1 (Portion of APN 058-030-08): That portion of the north half of the northwest quarter of Section 15, Township 3 North, Range 6 East, Mount Diablo Meridian, City of Lodi, San Joaquin County, California, described as follows: Commencing at the northwest corner of said Section 15; thence along the north line of said northwest quarter of said Section 15 South 89°21'31 " East 402.831 meters{1321.62 feet) to the southerly projection of the west line of Lot 10 of the Taylor Tract as shown on the map filed in Volume 3 of Maps and Plats, Page 47, San Joaquin County Records; thence along said southerly projection South 00°04'15" East 22.862 meters (75.01 feet) to the Point of Beginning on the southerly line of the property described in the Grant Deed to the State of California recorded February 16, 1972 in Book 3620, Page 118, Official Records of San Joaquin County; thence along said southerly line South 89°21'31 " East 30.788 meters (101.01 feet); thence South 00°09'02" East 2.900 meters (9.51 feet); thence South 45'1 T24" West 10.694 meters (35.09 feet); thence South 00°09'02" East 4.732 meters (15.52 feet); thence North 89°2 1'31 " West 23.167 meters (76.01 feet) to the westerly line of the property described in the Grant Deed to Lodi Southwest Associates recorded October 5, 2001 as Document No. 01 163354. Official Records of San Joaquin County; thence along said westerly line North 00°09'02" West 15.241 meters(50.00 feet) to the Point of Beginning, containing 404 square meters (4,349tsq. ft), more or less. TOGETHER WITH the underlying fee interest, if any, in and to the adjoining public way. State Parcel 15552-1 (Portion ofAPN 027-050-21): That portion of Lot I I of the Taylor Tract as shown on Volume 3 of Maps, Page 47, San Joaquin County Records, located in Section 10, Township 3 North. Range 6 East, Mount Diablo Base and Meridian, San Joaquin County, California, described as follows: Commencing at the southwest comer of said Section 10; thence along the south line of said Section 10, South 89°21'31" East 317.180 meters (1040.61 feet) to the southwest comer of the property described in the Grant Deed to the Mexican -American Catholic Federation of Lodi, recorded June 15, 1973, in Book 3772, Page 413, Official Records of San Joaquin County; thence along the west line of said Grant Deed, North 00'04'18" West 7.620 meters (25.00 feet) to the Point of Beginning at the northerly right of way line of Kettleman Lane; thence continuing along said west line, North 00°04'18" West 6.959 meters (22.93 feet); thence South 89°20'59" East 75.359 meters (247.24 feet); thence North 45° 1 T52" East 4.805 meters (15.76 feet); thence North 00'04'14" West 0.920 meters (3.02 feet); thence North 89°56'43" East 6.872 meters (22.55 feet) to the east line of said Grant Deed; thence along said east line, South 00004,15" East 1 1.399 meters (37.40 feet) to said northerly right of way line of Kettleman Lane; thence along said northerly right of way line, North 89°21'31 " West 85.651 meters (281.01 feet) to the Point of Beginning, containing 633 square meters (6,824 square feet), more or less. TOGETHER WITH the underlying fee interest, if any, in and to the adjoining public way. State Parcel 15553-1 (Portion of APN 027-420-01): That portion of Parcel 1 of Parcel Map of Vintner's Square, according to the Official Map thereof tiled in Book 22 of Parcel Maps, Page 176, San Joaquin County Records, located in Section 10, Township 3 North, Range 6 East, Mount Diablo Base and Meridian, City of Lodi, San Joaquin County, California, described as follows: Commencing at the southwest comer of said Section 10; thence along the south line of said southwest quarter of said Section 10 South 89°21'31 " East 402.83 I meters (1321.62 feet) to the southerly projection of the west line of Parcel 12 of said Parcel Map of Vintner's Square; thence along said southerly projection, North 00'04'15 " West 19.017 meters (62.39 feet) to the general northerly line of said Parcel 12; thence along said general northerly line, North 89°56'43" East 19.516 meters (64.03 feet) to the Point of Beginning at the westerly line of said Parcel 1; thence continuing North 89°56'43" East 2.258 meters (7.41 feet); thence South 51031'34" East 7.649 meters (25.10 feet) to -the southerly line of said Parcel 1; thence along said southerly line, the southwesterly line, and said westerly of Parcel 1 the following three (3) courses: 1)North 89°20'59" West 4.905 meters (16.09 feet), 2) North 44°42'08" West 4.748 meters (15.58 feet), 3) North 00'04'13 " West 1.326 meters (4.35 feet) to the Point of Beginning, containing 19 square meters (205 sq. ft), more or less. TOGETHER WITH the underlying fee interest, if any, in and to the adjoining public way. State Parcel 15749.1 (APN 027-420-12): All of Parcel 12 of Parcel Map of Vinter's Square, according to the Official Map thereof tiled in Book 22 of Parcel Maps, Page 176, San Joaquin County Records, located in Section 10, Township 3North, Range 6 East, Mount Diablo Base and Meridian, City of Lodi, Sats Joaquin County, California, containing 0.46 acres, more or less. TOGETHER WITH the underlying fee interest, if any, in and to the adjoining public way. The bearings and distances used in this description are based upon the California Coordinate System of 1983, Zone 3. Divide grid distances by 0.999952 to obtain ground level distances. This real property description has been prepared at Mark Thomas & Company., Inc., by me or under my direction, in conformance with the Professional Land Surveyors Act. J11� 4",-ez— November 2,2005 Jon Scarpa L JON D. SCAAPA 1 D. 7554 �!k EXP. 11,01 CF CAu Number 15552 -1,15553- 1,15554 -1,15748 - The grantor further understands that the present intention of the grantee is to 1 1, 15749-1, construct and maintain a public highway on the lands hereby conveyed in fee and the grantor, for the grantor and the grantor's successors and assigns, herebywaives any claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. (As used above, the term "grantor" shall include the plural as well as the singular number.) Dated this day of , 20_ CITY OF!~ODI. A MUNICIPAL CORPORATION INTHE STATE OF CALIFORNIA (CORPORATESEAL) STATE OF CALIFORNIA } SS County of On this the day of ,tmfore me. By: PERSONAL ACKNOWLEDGMENT Name. Tile of Officer-E.G,, ",pane Doe. Notary Public. penanallyappeared Name(s) ofSigner(s) ❑ personally known la me D proved la me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed la the witNn instrument and acknowledged to me mat he/sheAhey executed the same in hismer/their aut11&zed capacity(ies), and thatby hisfierlOeir signature(s) on the Instrument the person(s), or the entity upon behalf of which (he person(s) acted, executed the instrument. WITNESS my hand and official seal an (lar notary Sell of stamp) (NotaryPubiVs signature in and for said County and State) THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of I 24_ Director of Transportation By Form RW 8-1(B) (Revised 10199) Attorney in Fact earings and distances are on the afifomio Coordinate System of 383, Zone 3. Divide distances y 0.99995 to getground distances uitipay meters by 3937/1240 get U.S. Survey feet. SEC. 15 T. 3 N., R. 6 E., M.D.B.& M. San Joaquin County, California 9- 110 ►�- SECTION LINE 16 1T 5 S89'21'31 "E 402.831m (1321.62') W Ln Kettleman Lane 0 POINT OF o c BEGINNING U w EXISTING RW STANLEY LS 5978 .MEXPIRES DEC. 31, 2004 j 00 O O N N Z Ui DOC NO. 2003-181033 APN 058-030-010 Areas TOTAL PARCEL 1.661 ha (4.10± ac) NEW RNV 102± s.m. (1098± s.f.) On 4m 8m 12m DATE: 06/24/2004 SCALE: 1:20 058--030-10,DWG SHEET 1 OF 1 S89'21'31 "E 6.706m �(22.00')� New N89'21'31 "W 6.706m (22.00') APR)NP-bT'0' -�10 City of Lodi Water Well & Substation N CITY OF LODI Prepared by: Mark Thomas & Company. Inc. Beorings and distonces ore on the Colitornio Coordinote System of SEC. 15 1183. Zone 3. Divide distances T. 3 N., R. 6 E., M.D.B.& M. ' by 0.99995 to get ground distances. City Of Lodi Multiply meters by 3937/1200 County, Joa t�, get U.S. Survey feet. San q California S89'21 ' 31 "E 402.831 m (1321.62') 10 SECTION LINE 15 ca --- o L6 Ln E-- E Kettfeman Lane 0I(0o oo E � Ln © EXISTING RW o o � O.R. 3620-118 a CV S89"21 31 "E 30.788m o z o (101.01') �- z o z_z_ o0 50 �v °- m o E 04 0 CN z V) N \ � N89'21'31" 23.1.67m (76.0l') DOC NO. 01163354 APN 058-030-008 kr@aS TOTAL PARCEL 6.0± ho (14.7± oc) VEW R/W 4041 s,m (4,3491 0.) Om 4m 8m 12m DATE: 06/22/2004 EXH I BIT "B" SCALE 1:20 APN 058-030-008 058-030-08.DWG Lodi Southwest Associates LP SHEET 1 OF 1 S00'09'02"E 2.900m (9.51') V'N o tallo � MICHAEL ��QA STANLEY LS 5978 is EXPIRES DEC. 31. 2004 OF CA4� CITY OF LODI Prepared by: Mark Thomas & Comnanv. Inc. Bearings and distances ore on the Californio Coordinote System of 1983, Zone 3. Divide distances by 0.99995 to get ground distances. Multiply meters by 3937/1200 to get U.5. Survey feet. P STANLEY LS 5978 is E7e;A1RES , DEC. 31, 2004 , Or%IKIT P1C SEC. 10 T. 3 N., R. 6 E. ,M.D.BA M. " San Joaquin County, Califomia APN 027-050-21 I N89'56'43"E 6.872m(22.55') N00'04'14"W 0.920m (3.02')` N45'17'52"E 4.805m (15.76') S89'20'59"E 75.359m(247.24') 9 10 Sgg X1'31 "E New WW DATE 06/23/2004 EXHIBIT"B" SCALE 1:1000 APN 027-050-21 027-050-21.DwG Mexi n qI�T�eric C{holic SHEET 1 OF 1q�ci11011���1 0 b 0 Ln 0 E 0) rn rt CITY OF LOD Prepared by: Mork Thomas do Compony, Inc earings and distances are an the olifornia Coordinate System of 183. Zone 3. Divide distances y 0,99995 to get ground distances, ultiply meters by 3937/1200 r get U.S. Survey feat. rr; nW- ♦ C Q 3 u7 z 9 10 �I 6 15- POINT OF BEGINNING NrL —43E 19.516m (64.03') N00'04'13"W 1.326m (4.35') N 44'42'08" W—/ 4.748m (15.58') SEC. 10 T. 3 N., R. 5 E., M.D.B.& M. City of Lodi San Joaquin County, California PARCEL 1 PM 22-176 APN 027-420-001 N89'56'43"E 2,258m (7.41') S51 "31'34"E 7.649m (25.10') hlf�Q'7f1'S0"1A1—/ P�RC`FI 1 7 4.905m (16.09') PM 22-176 lw-�'_ 402.831m (1321.62') reqs )TAL PARCEL 0.711 ha1.76± ac) -W A/W 19# S.M. �205f s.f.) 00 Kettleman Lane SECTION LINE S89'21 '31 "E m 4m 8m 12m SCALE: 1; 20 1 027--050-23-DWG SHEET 1 OF 1 EXHIBIT "B" APN 027-420-001 GEWEKE FAMILY PARTNERSHIP MICHAEL' JAMES STANLEY L S 59'7% 49 CITY OF LODI Prepared by: Mark Thomas do Company, Inc. r_. /F CITY OF LODI PUi3(.K WORKS DE.PARTNIE\'1' EXHIBIT A N81►vN3 VS irl IIAQ 11911 o i �_ yk bl r (CI.r .fl ILLI 1-a>cwom ..�.�.- .. �..� [Volt vj I IDi tf'1 • I : Ittl I O,.w:3.fr.Q60DN �! N 4J LNh S9MlYvlY r of l0 Y1SYB `� ►9YtCr 3,Ir,rt.iOw ,�.i:'QSI y, I _ � .Yr'. 1..` ,LQ ICI• if'trl _ 3-rr•rL Cp7� I fl ifZ ti�L t��dCOM 1 \ J j i ^ V ilr r .lQ Li L J v 1,1 s n �n Z, i