HomeMy WebLinkAboutResolutions - No. 85-42RESOLUTION NO. 85-42
RESOLUTION APPROVING AGREEMENT BETIVEEN THE C I TY OF LOD I
AND THE COUNTY OF SAN JOAQUIN FOR THE PURCHASE OF REAL
PROPERTY AT THE HARNEY LANE SANITARY LANDFILL
RESOLVED that the City Council of the City of Lodi does
hereby approved the Agreement between the City of Lodi and the
County of San Joaquin for the purchase of real property at the
Harney Lane Sanitary Landfill, a copy of which is attached hereto,
marked Exhibit "A", and thereby made a part hereof.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
hereby authorized to execute the subject agreement on behalf of the
i city.
Dated: April 3, 1985
I hereby certify that Resolution No. 85-42
was passed and adopted by the City Council
of the City of Lodi in a regular meeting
held April 3, 1985 by the following vote:
Ayes: Council Members - Pinkerton, Hinchman,
Olson, Reid, and
Snider (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Alice Mim
e ,
City Clerk
85-42
1 AGREEMENT BETWEEN THE CITY OF LODI AND
COUNTY OF SAN JOAQUIN FOR THE PURCHASE OF
2 REAL PROPERTY AT THE HARNEY LANE SANITARY LANDFILL
3 THIS AGREEMENT is made and entered into this day of
4 , 1985, by and between the County of San Joaquin, a
5 political subdivision of the State of California, hereinafter referred
6 to as "COUNTY", and the City of Lodi, a municipal corporation,
7 hereinafter referred to as "CITY".
8 W I T N E S S E T H•
9 WHEREAS, CITY owns real property on the south side of Harney
10 Lane, west of Tully Road, more particularly described as that property
11 delineated on Exhibit A, a copy of which is attached and by this
12 reference incorporated herein, which is presently being leased by
13 COUNTY for use as a sanitary landfill; and,
14 WHEREAS, the San Joaquin County Solid Waste Management Plan calls
15 for a cooperative effort by COUNTY and the Cities of the County of San
16 Joaquin for the management of solid waste within the COUNTY; and,
17 WHEREAS, by agreement dated January 2, 1975 entitled "AGREEMENT
18 REGARDING HARNEY LANE SANITARY LANDFILL", hereinafter referred to as
19 AGREEMENT I, and by agreement dated March 19, 1980 entitled
20 "SUPPLEMENTAL AGREEMENT", hereinafter referred to as AGREEMENT II,
21 COUNTY has operated a sanitary landfill on the real property described
22 in Exhibit A; and
23 WHEREAS, by agreement dated March 19, 1980 entitled "AGREEMENT
24 BETWEEN THE CITY OF LODI AND THE COUNTY OF SAN JOAQUIN RELATING TO
25 SOLID WASTE MANAGEMENT" hereinafter referred to as AGREEMENT III,
26 COUNTY agreed to provide adequate disposal facilities for CITY in the
27 North County area; and,
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WHEREAS, COUNTY desires to extend the life of the landfill opera-
tion by placing additional refuse on the herein described property;
and,
WHEREAS, COUNTY desires to purchase the herein described property
from CITY for continued landfill use, and CITY desires to sell said
property to COUNTY;
NOW, THEREFORE, CITY and COUNTY agree as follows:
1. CITY shall execute and deliver to COUNTY a good and suf-
ficient Grant Deed for the property described in exhibit A,
attached.
2. COUNTY shall pay CITY the sum of ONE DOLLAR ($1.00) as the
total purchase price for said property within thirty (30)
days after the approval and execution of this agreement by
the San Joaquin County Board of Supervisors.
3. Title to the herein described property shall vest in the
County of San Joaquin, free and clear of all liens,
encumbrances, assessments, easements, leases and taxes,
except those of record provided they do not adversely affect
the continued use of this property as a sanitary landfill.
4. Personal property included in this sale shall include all
personal property owned by CITY that is situated upon the
herein described real property and as further described in
Clause 1. of AGREEMENT I.
5. COUNTY shall pay recording costs and title and escrow fees,
if any.
6. CITY and COUNTY agree that the terms and conditions herein
expressed shall supersede AGREEMENT I and AGREEMENT II and
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that those agreements shall be considered terminated upon
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the approval and execution of this document by the San
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Joaquin County Board of Supervisors.
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CITY and COUNTY agree that terms and conditions set forth in
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AGREM4ENT III shall remain in full force.
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CITY and COUNTY each agree to hold each other harmless from
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their own past actions with respect to the ownership, opera -
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tion, and maintenance of a sanitary landfill on the herein
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described real property.
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The parties hereto mutually agree that they have set forth
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the whole of their agreement, and that the performance of
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the terms and conditions set forth herein shall relieve
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COUNTY and CITY of all further obligations or consideraton
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for the execution and delivery of a Grant Deed to the herein
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described property.
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
COUNTY OF SAN JOAQUIN, a
political subdivision of
the State of California
ATTEST: JORETTA J. HAYDE
Clerk of the Board of Super-
visors of the County of San
Joaquin, State of California
By
EVELYN L. COSTA, Chairman
Board of Supervisors
By (SEAL)
Deputy Clerk
ATTEST: CITY OF LODI, a municipal
corporation of the State
of California
Clerk, City oF Lodi
Ey �
RANDY SNIDER, Mayor
APPROVED AS TO FOM
JOHN F. CHEADLE
Count Counsel
By
TERRENCE R. DERMODY
Deputy County Counsel (J
APPRO�D AS TO FORM:
By
RONALD STEIN
Lodi City Attorney
RP5-AG-CL
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