ITEM 4. 21
CITY MANAGER' S REPORT
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS INCLUDING A
WATER TANK, BOOSTER PUMPS, AND A SEWER PUMP
STATION, AND APPROVE A COMMON USE
AGREEMENT WITH RD2062, AND ACCEPT AN
IRREVOCABLE OFFER OF DEDICATION FOR STORM
DRAIN EASEMENT AND A GRANT DEED FOR A
PORTION OF PARCEL 1 OF TRACT 3876
EMPLOYMENT CENTER) FROM RIVER ISLANDS
DEVELOPMENT, LLC
RECOMMENDATION: Accept Public Improvements, including a Water Tank, Booster Pumps, and a Sewer Pump Station,
and Approve a Common Use Agreement with RD
2062, and Accept an Irrevocable Offer of Dedication
for Storm Drain Easement and a Grant Deed for a
Portion of Parcel 1 of Tract 3876 ( Employr ent
Center) from River Islands Development, LLC
SUMMARY:
River Islands Development, LLC ( RID), the developer for the River Islands Project, has completed construction of a 1. 5- million- gallon Water Tank ( Water Tank), Booster Pumps ( Boosters), and a Sewer Pump Station on a portion of Parcel 1 of Tract 3876.
The approximate value of the required improvements is $ 6, 635, 000, as shown in the GASB 34 Report included as Attachment C". City staff has inspected the improvements and confirmed that the improvements have been completed in accordance with City specifications and are deemed complete by the City Engineer.
A location map is included as Attachment " B". RID has provided a one- year warranty bond based on 10% of the construction costs and lien releases for the improvements proposed for council acceptance.
RID is also providing a Common Use Agreement ( Attachment " F"), Irrevocable Offer of Dedication for Storm Drain Easement ( Attachment " G"), and a Grant Deed for a portion of parcel 1 of Tract 3876 ( Attachment E").
Staff recommends City Council accept the improvements, including the Water Tank, Boosters, and Sewer Pump Station, and approve the proposed Common Use Agreement, accept the Irrevocable Offer of Dedication for Storm Drain Easement, and accept the Grant Deed for a portion of Parcel 1 of Tract 3876.
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS INCLUDING A WATER TANK, BOOSTER
PUMPS, AND A SEWER PUMP STATION, AND APPROVE A COMMON USE AGREEMENT WITH RD2062, AND ACCEPT AN IRREVOCABLE OFFER OF
DEDICATION FOR STORM DRAIN EASEMENT AND A GRANT DEED FOR A PORTION OF PARCEL 1 OF TRACT 3876 ( EMPLOYMENT CENTER) FROM RIVER
ISLANDS DEVELOPMENT, LLC
BACKGROUND:
Conditions of Approval of the Vesting Tentative Map ( VTM) for Tract 3694 required the installation of a Water Tank, Boosters, and a Sewer Pump Station in conformance with the City Water and Sewer Master Plans. Tract 3694 was further subdivided to include Tract 3876.
RID completed the construction of the Water Tank, Boosters, and Sewer Pump Station improvements in accordance with the conditions of the VTM and the approximate value of the proposed improvements is $ 6, 635, 000, as shown in the GASB 34 Report.
After the initial one- year warranty period, the utility infrastructure will be maintained by the City and the costs to maintain these facilities will be funded through the existing City of Lathrop water and sewer utility rates to be paid by residents benefitting from the infrastructure.
RID has provided a warranty bond ( Bond No. 0799677) in the amount of $ 663, 500 to guarantee replacement and/ or repair of the improvements as a result of defective materials, equipment, or defective workmanship for a period of one year from the date of acceptance. Staff requests Council accept the improvements so that City can take ownership of the facility and provide maintenance.
RID also offers the land upon which these improvements were built to the City in fee pursuant to the Grant Deed attached hereto as Attachment E".
RID also offers an Irrevocable Offer of Dedication of Easement for Storm Drain Purposes, included as Attachment G", for a portion of Parcel 1 of Tract 3876. The storm drain easement is necessary for storm drain maintenance but is not part of the large parcel that is being conveyed to the City in fee with the Grant Deed.
There is also a need for a Common Use Agreement ( CUA) between the City and Reclamation District 2062 ( RD2062) as a portion of the storm drain easement shares an area with an easement recorded in favor of RD2062 for the levee system. RD2062 provides flood control and other similar services for the River Islands portion of the Stewart Tract. The proposed CUA, included as Attachment " F", sets forth the terms and conditions to which the RD2062 access can coexists with the City storm drain easement and pipe.
Escrow instructions are included as Attachment " D" to ensure proper execution and recordation of the documents.
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS INCLUDING A WATER TANK, BOOSTER
PUMPS, AND A SEWER PUMP STATION, AND APPROVE A COMMON USE AGREEMENT WITH RD2062, AND ACCEPT AN IRREVOCABLE OFFER OF
DEDICATION FOR STORM DRAIN EASEMENT AND A GRANT DEED FOR A PORTION OF PARCEL 1 OF TRACT 3876 ( EMPLOYMENT CENTER) FROM RIVER
ISLANDS DEVELOPMENT, LLC
REASON FOR RECOMMENDATION:
The Water Tank, Boosters, Sewer Pump Station, and other improvements for portion of Parcel 1 of Tract 3876 have been inspected by City staff and have been deemed complete by the City Engineer and are ready for acceptance by the City Council. Staff has received the as- built drawings and lien releases for the improvements constructed by RID. Staff recommends Council accept the Water Tank, Boosters, and Sewer Pump Station, and approve the Common Use Agreement with RD2062, accept the Irrevocable Offer of Dedication for Storm Drain Easement, and accept the Grant Deed for a portion of Parcel 1 of Tract 3876 from RID.
FISCAL IMPACT:
The approximate value of the improvements proposed to be accepted is $ 6, 635, 000 as shown in the attached GASB34 Report. The costs to maintain the infrastructure will be funded through Council approved water and sewer utility rates.
The one- year warranty bond guarantees any repairs or replacements that become necessary during the one- year period beginning upon acceptance due to defective materials or workmanship in connection with the completed improvements.
ATTACH M ENTS:
A. Resolution to Accept Public Improvements, including a Water Tank, Booster Pumps, and a Sewer Pump Station, and Approve a Common Use Agreement with RD2062, and Accept an Irrevocable Offer of Dedication for Storm Drain Easement and a Grant Deed for a Portion of Parcel 1 of Tract 3876 Employment Center) From River Islands Development, LLC
B. Location Map - Water Tank Parcel
C. GASB 34 Report - Water Tank, Boosters, and Sewer Pump Station D. Escrow Instructions
E. Grant Deed - Water Tank and Pump Station Parcel
F. Common Use Agreement with Islands Reclamation District No. 2062 G. Irrevocable Offer of Dedication - Storm Drain Easement CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS INCLUDING A WATER TANK, BOOSTER
PUMPS, AND A SEWER PUMP STATION, AND APPROVE A COMMON USE AGREEMENT WITH RD2062, AND ACCEPT AN IRREVOCABLE OFFER OF
DEDICATION FOR STORM DRAIN EASEMENT AND A GRANT DEED FOR A PORTION OF PARCEL 1 OF TRACT 3876 ( EMPLOYMENT CENTER) FROM RIVER
ISLANDS DEVELOPMENT, LLC
APPROVALS:
3 I 2 2
Bellal Nabizadah Date
Assistant Engineer
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Brad T lor Date
City Engineer
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Cari James Date
Finance Director
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Michael King Date
Assistant City Manager
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Salvador Navarrete Date
City Attorney
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Step en J. Salvatore Date
City Manager
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT
PUBLIC IMPROVEMENTS INCLUDING A WATER TANK, BOOSTER PUMPS, AND A
SEWER PUMP STATION, AND APPROVE A COMMON USE AGREEMENT WITH RD2062, AND ACCEPT AN IRREVOCABLE OFFER OF DEDICATION FOR STORM DRAIN EASEMENT AND A GRANT DEED FOR A PORTION OF PARCEL 1 OF TRACT 3876 ( EMPLOYMENT CENTER) FROM RIVER ISLANDS DEVELOPMENT, LLC WHEREAS, Conditions of Approval of the Vesting Tentative Map ( VTM) for Tract 3694 required the installation of a 1. 5- million- gallon Water Tank ( Water Tank), Booster Pumps ( Boosters), and a Sewer Pump Station in conformance with the City Water and Sewer Master Plans. Tract 3694 was further subdivided to include Tract 3876; and
WHEREAS, River Islands Development, LLC, ( RID) completed the construction of the Water Tank, Boosters, and Sewer Pump Station improvements on a portion of Parcel 1 of Tract 3876 in accordance with the conditions of the VTM and the approximate value of the proposed improvements is $ 6, 635, 000, as shown in the GASB 34 Report included as Attachment C" to the City Manager' s Report; and WHEREAS, after the initial one- year warranty period, the utility infrastructure will be maintained by the City and the costs to maintain these facilities will be funded through the existing City of Lathrop water and sewer utility rates to be paid by residents benefitting from the infrastructure; and
WHEREAS, RID has provided a one- year warranty bond in the amount of 663, 500 to guarantee replacement and/ or repair of the improvements as a result of defective materials, equipment, or defective workmanship for a period of one year from the date of acceptance; and
WHEREAS, RID also offers the land upon which these improvements were built to the City in fee pursuant to the Grant Deed included as Attachment " E" to the City Manager' s Report; and
WHEREAS, RID also offers an Irrevocable Offer of Dedication of Easement for Storm Drain Purposes, included as Attachment " G" to the City Manager' s Report, for a portion of Parcel 1 of Tract 3876; and
WHEREAS, the storm drain easement is necessary for storm drain maintenance but is not part of the large parcel that is being conveyed to the City in fee with the Grant Deed; and
WHEREAS, there is also a need for a Common Use Agreement ( CUA) between the City and Reclamation District 2062 ( RD2062) as a portion of the storm drain easement shares an area with an easement recorded in favor of RD2062 for the levee system. RD2062 provides flood control and other similar services for the River Islands portion of the Stewart Tract; and
WHEREAS, the proposed CUA, included as Attachment " F" to the City Manager' s Report, sets forth the terms and conditions to which the RD2062 access can coexist with the City storm drain easement and pipe; and WHEREAS, escrow instructions are included as Attachment " D" to the City Manager Report to ensure proper execution and recordation of the documents; and WHEREAS, City staff inspected the improvements and confirmed that the improvements have been completed in accordance with City specifications and are deemed complete by the City Engineer; and
WHEREAS, RID has submitted lien releases for the improvements proposed to be accepted and staff received a one- year maintenance bond and as- built drawings for said improvements.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the Water Tank, Boosters, and Sewer Pump Station, approves a Common Use Agreement with RD2062, accepts an Irrevocable Offer of Dedication for Storm Drain Easement, and accept conveyance of real property by Grant Deed for a portion of Parcel 1 for Tract 3876 from RID.
The foregoing resolution was passed and adopted this 12th day of September, 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT B
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ATTACHMENT C
CITY OF LATHROP
PROJECT ACCEPTANCE
GASB 34 REPORT)
Project Name: City of Lathrop Potable Water Storage and Pump Station and Sewer Pump Station at River Islands- Phase I Submitted by: PACE Date: 8/ 3/ 2022
Item Number Description UM Qty Unit Price Total Price
1 Site- 42" City Sewer w/6' MH L. F. 346 $ 462 $ 160, 000 2 Site- 6"& 8" City Sewer Pipe L. F. 353 $ 113 $ 40, 000 3 Site- 12"& 18" City SSFM L. F. 528 $ 133 $ 70, 000
4 Site- 16"& 30" Transmission Water Lines L. F. 394 $ 508 $ 200, 000 5 Site- 24"& 30" City Water Line L. F. 335 $ 328 $ 110, 000 6 Site- 24" City Drain Pipe L. F. 35 $ 429 $ 15, 000
7 Site- 24" Tank Overtlow Pipe L. F. 35 $ 429 $ 15, 000 8 Site- 3! 4" Stainless Steel Pipe LS 1 $ 10, 000 $ 10, 000 9 Site- 2" Water Pipe LS 1 $ 25, 000 $ 25, 000
10 Site- 3" Stilling Well Pipe LS 1 $ 25, 000 $ 25, 000 11 Site- 3" Chemical PVC Pipe LS 1 $ 30, 000 $ 30, 000
12 Site- Misc Precast LS 1 $ 55, 000 $ 55, 000
13 Site- Bollards LS 1 $ 10, 000 $ 10, 000
14 Site- Site Paving LS 1 $ 170, 000 $ 170, 000
Tank- 1. 5 Million Gallon Welded Steel Tank
14 ( Excluding Installation Labor) LS 1 $ 400, 000 $ 400, 000 15 Tank- Foundation CY 75 $ 1, 800 $ 135, 000
16 Tank- Coating LS 1 $ 300, 000 $ 300, 000
17 Tank- Tank Mixer LS 1 $ 180, 000 $ 180, 000
18 Tank- InIeUOutlet Piping LS 1 $ 60, 000 $ 60, 000
19 Sewer Wet Well- Wet Well LS 1 $ 635, 000 $ 635, 000
20 Sewer Wet Well- Hatches LS 1 $ 145, 000 $ 145, 000
21 Sewer Wet Well- Floor Slope LS 1 $ 20, 000 $ 20, 000 22 Sewer Wet Well- Siuice Gates EACH 2 $ 20, 000 $ 40, 000 23 Sewer Wet Well- Sewer Pumps EACH 2 $ 120, 000 $ 240, 000 24 Sewer Wet Well- Pipe Supports LS 1 $ 30, 000 $ 30, 000 Sewer Wet Weli- Underground Mechanical
25 Piping and Valves LS 1 $ 50, 000 $ 50, 000
Sewer Wet Well- Aboveground Mechanical
26 Piping and Valves LS 1 $ 70, 000 $ 70, 000
27 Site B Building- Pump Barrels S 1 $ 105, 000 $ 105, 000 Site B Building- Aboveground Suction and
28 Discharge Piping LS 1 $ 250, 000 $ 250, 000 _
Site B Building- Underground Mechanical Piping
29 and Valves LS 1 $ 100, 000 $ 100, 000
Site B Building- Building and Columns
30 Foundation LS 1 $ 75,000 $ 75, 000
31 Site B Building- Masonry Walls LS 1 $ 100, 000 $ 100, 000 32 Site B Building- Concrete Equipment Pad LS 1 $ 80, 000 $ 80, 000 33 Site B Building- Structural Steel LS 1 $ 100, 000 $ 100, 000 34 Site B Building- Roofing System LS 1 $ 70, 000 $ 70, 000 35 Site B Building- Chemical Tank LS 1 $ 40, 000 $ 40, 000 36 Site B Building- Small and Large Booster Pumps LS 1 $ 160, 000 $ 160, 000 37 Site B Building- Air Compressor LS 1 $ 10, 000 $ 10, 000 38 Site B Building- Hydropneumatic Tanks LS 1 $ 150, 000 $ 150, 000 39 Site B Building- Instrumentation LS 1 $ 45, 000 $ 45, 000 Site B Building- Motor Control Center and
40 Control Panel LS 1 $ 300, 000 $ 300, 000
41 Site B Building- Conduit, Wires, Junction Boxes LS 1 $ 70, 000 $ 70, 000 42 Site B Building- HVAC Equipment LS 1 $ 50, 000 $ 50, Q00 43 Site B Building- Conduit, Wires, Junction Boxes LS 1 $ 70, 000 $ 70, 000
CITY OF LATHROP
PROJECT ACCEPTANCE
GASB 34 REPORT)
Project Name: City of Lathrop Potable Water Storage and Pump Station and Sewer Pump Station at River Isiands- Phase I Submitted by: PACE Date: 8/ 3/ 2022
Item Number Description UM Qty Unit Price Total Price
44 Site B Building- HVAC Equipment LS 1 $ 50, 000 $ 50, 000 45 Site C Building- Foundation LS 1 $ 55, 000 $ 55, 000 46 Site C Building- Masonry Walls LS 1 $ 80, 000 $ 80, 000 47 Site C Building- Equipment Pads LS 1 $ 10, 000 $ 10, 000 48 Site C Building- Structural Steel LS 1 $ 50, 000 $ 50, 000 49 Site C Building- Trusses LS 1 $ 50, 000 $ 50, 000
50 Site C Building- Roofing System LS 1 $ 95, 000 $ 95, 000 51 Site C Building- Chemical Tank LS 1 $ 40, 000 $ 40, 000 52 Site C Building- Instrumentation LS 1 $ 35, 000 $ 35, 000 Site C Building- Motor Control Center and
53 Control Panel LS 1 $ 250, 000 $ 250, 000
54 Site C Building- Conduit, Wires, Junction Boxes LS 1 $ 45, 000 $ 45, 000 55 Site C Building- HVAC Equipment LS 1 $ 50, 000 $ 50, 000 Site C Site- Exterior Concrete Work and
56 Equipment Pads LS 1 $ 105, 000 $ 105, 000
57 Site C Site- Conduit, Wires, Pullboxes LS 1 $ 130, 000 $ 130, 000 58 Site C Site- Switch Board LS 1 $ 200, 000 $ 200, 000 59 Site C Site- 900 kW Generator LS 1 $ 300, 000 $ 300, 000 60 Site C Site- Radio Tower LS 1 $ 75, 000 $ 75, 000
Total $ 6, 635, 000
ATTACHMENT D
JOINT ESCROW INSTRUCTIONS
RECORDATION OF GRANT DEED
RIVER ISLANDS AT LATHROP)
September 12, 2022
Via Email and Hand Delivery
Old Republic Title Company
1215 W. Center Street, Suite 103
Manteca, CA 95337
Attn: Lori Richardson
Re: Recordation of Grant Deed ( Water Tank & Pump Station Site); Escrow No. 1214022687
Dear Lori:
This letter constitutes the joint escrow instructions (" Escrowlnstrucfions") of Califia, LLC, a California limited liability company (" Califia") and the City of Lathrop (" City') in connection with the above- referenced escrow (" Escroud'). The Escrow was opened in connection with recordation of the above- referenced Grant Deed (" Grant Deed').
Recordation of the Grant Deed is subject to the conditions set forth below. The transactions described in these Escrow Instructions are referred to as the " Transaction." Old Republic Title Company is referred to as " you" or" ORTC." A. Date for Closinqs
The Grant Deed will be recorded at the time designated by Califia as set forth below. The Grant Deed can only be recorded after the City has accepted and approved the site in writing. The closing date for the Transaction is intended to occur by October 31, 2022, at the time designated in writing by Califia, subject to satisfaction of the conditions set forth below ( each a " Closing'). If the Grant Deed has not been recorded by December 31, 2022, ORTC will return the Grant Deed to the City.
B. Documents to be Delivered and Recordation Documents
In connection with the Transaction, you have in your possession or will receive the following documents from City and Califia for recordation in the Official Records of San Joaquin County, California (" Official Records").
B. 1. One original Grant Deed for the water tank and pump station site, executed and acknowledged by Califia and accepted by the City ( provided to title by City).
B. 2. One original Common Use Agreement with Island Reclamation District No. 2062 for portion of levee easements in River Islands Employment Center, including Offer of Dedication for Storm Drain Purposes ( provided to title by City).
B. 3. One original Offer of Dedication for Storm Drain Purposes (provided to title by City).
The documents listed in Items B. 1, B. 2 and B. 3 above are referred to as the " Recordation Documents." The Recordation Documents shall be recorded in the order referred to above. The date on which the Recordation Documents are recorded in the Official Records is the Recordation Date.
1 JOINT ESCROW INSTRUCTIONS
RECORDATION OF GRANT DEED
RIVER ISLANDS AT LATHROP)
C. Closinq Requirements
When the following has occurred, you are authorized to close the Escrow at the time( s) and in accordance with the process set forth below:
C. 1. You have delivered copies of your Settlement Statement by email transmission to: ( a) Susan Dell' Osso ( [email protected]); ( b) Debbie Belmar dbelmar@riverislands. com); ( c) Brad Taylor ( bta lor@ci. lathrop. ca. us); ( d) Salvador Navarrete ( snavarrete@ci. lathrop. ca.us; ( e) Sandra Lewis ( slewis@ci. lathrop. ca. us), and have confirmation ( by telephone or email) from Susan Dell' Osso and Brad Taylor that the Settlement Statement is accurate and acceptable;
D. 2. You have not received any instructions contrary to these Escrow Instructions;
D. 3. The Recordation Documents and all other documents described herein as being held by you or delivered to you have been received by you and have been fully executed and, where applicable, acknowledged, and you have attached all legal descriptions or have confirmed that all exhibits and legal descriptions are attached; D. 4 You are prepared to record the Recordation Documents, as designated, and complete the Transaction in compliance with these Escrow Instructions; D. 5. You have delivered a copy of these instructions, executed by an authorized signatory of ORTC with authority to bind ORTC, and initialed all pages, by email transmission ( with original hard copy to follow by U. S. Mail) to Debbie Belmar and Brad Taylor at the email addresses set forth above; and D. 6. You have received confirmation ( by email or other writing) from Susan Dell' Osso and Brad Taylor to record the Recordation Documents and complete the Transaction.
D. 7. You have confirmed that the following documents have been recorded in the Official Records, prior to recording the Recordation Documents:
Common Use Agreement with Island Reclamation District No. 2062 for portion of levee easements in River Islands Employment Center and Offer of Dedication for Storm Drain Purposes.
D. Closinq Process and Priorities
When you have fully satisfied all of the closing requirements set forth in Section D, then you are authorized and instructed to do the following in the chronological order given:
E. 1. Date the Recordation Documents to be recorded;
E. 2. Record the Recordation Documents in the Official Records; E. 3. Pay the costs associated with the Transaction;
2 JOINT ESCROW INSTRUCTIONS
RECORDATION OF GRANT DEED
RIVER ISLANDS AT LATHROP)
E. 4. Refund any funds delivered to you by Califia that are not disbursed at the time of the final Closing pursuant to these Escrow Instructions to the following entity and address:
Califia, LLC
73 W. Stewart Road
Lathrop, CA 95330
Attn: Susan Dell' Osso
E. S. Notify Susan Dell' Osso ( sdellosso@riverslands. com), Debbie Belmar ( dbelmar@riverislands. com), Brad Taylor ( btaylor@ci. lathrop. ca. us), Sandra Lewis ( slewis@ci. lathrop. ca. us), Teresa Vargas ( tvaraas@ci. lathrop. ca. us), Sarah Pimentel ( spimentel@ci. lathrop. ca. us), and Jose Molina ( JMolina@siqov. orq) of the completion of the Transaction;
E. 6. Within five ( 5) business days after each Recordation Date, deliver by overnight delivery via recognized, national, overnight delivery carrier to: ( 1) Susan Dell' Osso, Califia, LLC, 73 W. Stewart Road, Lathrop, CA 95330; and ( 2) Brad Taylor, City Engineer, City Attorney, City of Lathrop, 390 Towne Centre Drive, Lathrop, CA 95330:
A) a certified copy of the Recordation Documents, showing all recording information of the Recordation Documents; and B) a certified copy of the final Settlement Statement.
E. Additionallnstructions
When assembling the final documents, signature pages from all parties shall be inserted into each respective final document in creating fully executed counterparts.
Please acknowledge receipt of these instructions and your agreement to act as Escrow agent in connection with this Transaction in accordance with these Escrow Instructions, by executing and dating a copy of these Escrow Instructions where indicated below, initialing all pages and returning it to both of the undersigned.
The Escrow Instructions may be modified only in a writing signed by both of the undersigned.
Very truly yours,
Stephen J. Salvatore Date Susan Dell' Osso Date
City Manager President
City of Lathrop Califia, LLC
3 JOINT ESCROW INSTRUCTIONS
RECORDATION OF GRANT DEED
RIVER ISLANDS AT LATHROP)
ESCROW INSTRUCTIONS
ACKNOWLEDGEMENT AND AGREEMENT:
Receipt of the foregoing Escrow Instructions from Califia and the City is hereby acknowledged. The undersigned agrees, for itself, and on behalf of ORTC, to proceed in strict accordance with these Escrow Instructions. The undersigned represents and warrants to Califia and the City that the undersigned is authorized to execute this Acknowledgement and Agreement, for itself, and on behalf of ORTC.
Old Republic Title Company
By:
its:
Date:
4 ATTACHMENT E
RECORDING R QUESTED BY, AND
WHEN RECORDED MAIL T4 AND
MAIL TAX STA'TEMENT TO:
CITY 4F LATHROP
ATTN: CITY CLERK
39Q TOWNE CENTRE DRNE
LATHROP, CA 95330
Exemptfrom payment ofrecordingfees( GC 27383)
SPACE ABOVE THjS LIN POR RECORDER' S USE
GRANT DEED
WATER TANIt& PUMP STATIOI I S1TE)
FOR VALUABLE CONSIDERATION, receipt of which is hareby acknowledged, CALITIA, LLC, a California limited liability company (" Granto"), hereby grants ta the CITY OF LATHROP, a Calzfornia municipal corporation(" Grantee"}, that certain real property located in the City of Lathrop, County of San Joaquin, State of California, along with a11 improvements thereon, as described in the legal description and plat attached hereto as EXHIBTT A(" Lantl") incvrporated herein by this reference.
Grantor intends to convey the Land in fee, subject to the limit tions noted below.
Grantor intends to convey with the Land any and all riparian rights or other water interests to which the Land is entil:led therein appurtenant or relating to the Property, whether such water rights shall be riparian, overlying, littoral, percolating, prescriptive, adjudicated, statutory or contraetual Water Rights").
While Grantor intends to transfer the Water Rights with the Land, it does not intend by this grant to sever the riparian ri hts ofthe surrounding properties. With this conveyance Grantor intends to retain to any and all land surrounding the Property all riparian rights to which those lands are entitled.
Nfltwithstanding the above grant, Grantor intends to except at d reserve unto Grantor, its successors and assigns, together with the right to grant and transfer all or a portion of the same:
A. All rights that the Land may have zn and to that Water Right License 2637 Application 5155/Permit 2720} granted by the State Water Resources Control Board and held by Island Reclamation District No. 2062.
B. The right and power to utilize, convey, remove, treat, and store the Water Rights from the Land, to divert or otherwise Lttilize such water, rights or interests on the Land or other property, but without, however any right to enter upon the surface of the Land in the exercise of such rights.
C. All oil, oil rights, minerals, mineral rights, natural gas rights and other hydrocarbons by whatsoever narne known, geotherrnal steam and all products derived. from any of the foregoing, that may be within or under the Land, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from said Land or any other land including the night ta whipstock or directionally drill and mine from lands other than the Land, oil or gas wells, tunnels and shafts into, through or across the subsurface of the Land, and to battom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits tl ereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines without, however, the right to drill, mine, stare, explore ar operate through the surface or the uppex five hundred feet ( 500'} of the subsurface of the Land.
SUBJECT TO:
1. General and special real property taxes and assessments and supplemental assessments, ifany, for the current fiscal year.
2. Rights ar claims of parties in possession not shown hy the public records.
3. Encroachments, ovexlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the prernises.
IN VJITNESS WHEREOF, Grantor has executed this Grant Deed as of August 25, 2422.
GRANT R:
CALIFIA, LLC,
a California limited liability campany
By:
Susan Dell' Osso, President
ATTACH NOTARY ACKNOWLEDGMENT]
EXHIBIT A
Legal Description of Land
Attached)
JN25503 7/ 7/ 2022
LEGAL DESCRtPTION
WATER TAIdK SITE
RIVER ISLANDS
LA'FHRUP, CALIFORNIA
CERTAIN REAL PROPERTY SITUATE IN THE CITY OF LATHROP, COUNTY OF SAN JOAQUIIV, STATE UF CALIFORNIA, DESCRIB D AS FOLLOWS:
BEING A PORTION OF PARCEL 1, AS SAID PARCEL! S SHOWIV ON THE MAP ENTITLED.` TRACT 3876, RIVER ISLANDS, ? HASE 1 B, LARGE L07' FINAL MAP", FILED MARCH 31, 2016, IN BOOK 42 OF MAPS AND PLATS, AT PAGE 56, OFFICIAL RECORDS OF SAN dOAQUIN COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT QN THE EAST LINE OF J7 COURT( NOW KNOWN AS CIRRUS COURT}, AS SAID COURT IS DESCRIBED IN DOCUMENT NO. 2020- 076610, OFFICIAL RECORDS OF SAN
JOAQUIN COUNTY, SAID POINT ALSO BEING THE SOUTHWEST CORN R OF THE PARCEL DESCRIBED IN THE GRANT QEED TO THE CITY OF tATHROP BY DOCUMENT NO. 2020- 076609, OFF[ CIAL RECORDS OF SAN JOAQUIN COUNTY;
THENCE ALONG THE BOUNDARY OF SAID PARCEL, THE FOLLOWING 7HREE( 3) COURSES:
1) EAST 81. 72 FEET,
2} NORTH 40. 00 FEE7 AND
3) WES7 90. 00 FEET TO THE EAST LINE OF SAID COURT;
TFiENCE ALONG SAID EAST L. INE, NORTH 14. 50 FEET;
THENCE E. EAVING SAID EAST LINE, EAST 634. 85 FEET;
THENCE, SOUTH 30° d0' 00" EAST 195. 42 FEET;
THENCE, SOUTH 71° 53' 26" WEST 474. 68 FEET;
7HENCE, NORTH 18° 06'34" WEST 159.04 FEET;
THENCE, WES7147. 54 FEET;
THENCE, NORTH 18°08'02" WESl" 38. 51 FEET;
THENCE, NORTH 53° 02' 44" WEST 64. 37 FEET T THE EAST LINE OF SAID COURT;
THENCE ALONG SAI EAST LINE, NORTHERLY ALONG A NON- TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 56. 00 FEET, FROM WHICM POIfVT THE CENTER OF SAID CURVE BEARS NORTH 89°42' 17" 1NEST, THROUGH A CENTRAL ANGLE OF 39° 40' 44" AND AN ARC DiSTANCE OF
38. 78 FEET TO THE POIfVT OF BEGINNING.
CONTAINING 3.279 ACRES, MORE OR LESS.
ATTACHED HERETQ IS A PLAT TO ACCOMPANY LEGAL DESCRIP710N, AND BY THIS REFERENCE MADE A PART HEREOF.
PAGE 9 OF 2
T:125503- Rlver fslandslPhase 22- Final Water Tank SiteIACADhLEGAL DESCi21PTlOM25503- LEGAI.- CIT`! WATER TANK SITE.doac JN25503 7/ 7/ 2022
END OF DESCRIPTION
THIS REAL PROPERTY DESCRIPTtON HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYOR' S ACT.
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No. 8092 '
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PROFESSIONAL LAND SURVEYOR *
CALIFORNIA NO. 8092 Q'
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PAGE 2 OF 2
T: 125503-River IslandslPhase 22- Finaf Water Tank SiteWCAD1LEGAL DESCRIPTION125503- LEGAI-CITY WATER TANK SITE. docx GOLDEN VALLEY PARKWAY( D. N. 2d19- 070952)
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LINE# DIRECTION LENGTH GURVE# RADIUS DELTA LENGTH 0
Li EAST 81. 72' C1 56. 00' 39°46'44" 38.78' N
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4 L2 NORTH 40. 00' U
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D. N. DOCUMENT NUMBER o so toa
L4 NORTH 14. 5' P MAPS AND PLATS( BK- PG) SCALE: 1^= 100' L5 N 18° 08' 02" W 38. 51'
P08 POINT OF BEGINNING
R) RADIAL BEARING
i L6 N53° 02' 44" W 64. 37'
N
7 sso° ss 5s vv s,00 PLAT
L8 S89 42' 17" E 56. 00' RIVER ISLANDS
CITY WATER TANK SITE
SCALE: 1
N=
100' DATE: 2022—Q7- 08
JOB NO,: 25503
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N N G 1 N E E f '[ N G
FILE: 25503- PlAT- WATER TMIK TE, DWG
Attachment F
RECOR. DING REOUESTED BY, AND
WHEN RBCORDED MAIL TO:
CITY OF LAT'HROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exemptfrom paymeni ofrecordingfees( GC 27383}
SPACE ABOVE THIS LINE FOR R CORDER' S USE
COMMON USE AGREEMENT
FOR A PORTION OF LEVEE EASEMENTS IN
R VER ISLANDS EMPLOYMENT CENTER
BY AND BETWEEN THE
CITY OF LATHROP
AND
ISLAND RECLAMATION DISTRICT NO. 2062
This COMMON USE AGREEMENT FOR A PORTION OT' LEVEE EASEMENTS IN RIVER ISLANDS EMPLOYMENT CENT R, assaciated with Phase 1 of River Islands at Lathrop entered into an this fih day of September, 2022 (" Agreement") and is made and entered irtto by ISLAND RECLAMATION DISTRICT NO. 2062, a reclamation district organized under the laws of the State of Caiifornia( the " District"), and the CITY OF LATHROP, a municipal corporation in the State of California( the " City"}, together, " the Parties".
RECITALS
A. This Agreement relates to certain real property to be dedicated by Cali a, LLC, to City for public utility purposes, including water tanks, pump stations and appurtenances, along with a storm drainage line that will need an easement to transverse off-site, B. The Agreement also sets forth the process and includes a grant of Easements Deed ( included herein as Exhibit" B" to this Agreement) that will be dedicated by Califia, LLC, for a storm drainage line that will extend into the levee easement of the District.
C. On April 19, 2016, the District recorded easements across properties owned by Califia, LLC and River Islands Develapment, LLC for the right to control and maintain the levees constructed by District for flood protection purposes to protect development of Stage 1 sub-planning area ofthe River Islands Site(" Levee Easements").
D. As part of the River Islands project, Califia, LLC is dedicating water tanks, pump stations and appurtenaaces within the River Islands Employment Center that includes a starm drainage pipeline that will transverse the portion of the existing Levee Eascments as depicted in E ibit " A" to this Agreement.
E. Since the Levee Easements have been recorded to provide appropriate legal access and autharity to District for its flood protection works (" District Works") in accordance with the State 1 Water Code and applicable FEMA regulations, and these Ievees are designed to provide 200- year Urban Level of Plood Protection ( ULOP} in accordance with approved State Department of Water Rasources Standards, prior to the approval of the City' s water tanks and pump stations, the Parties acknowledge and agree that it is necessary for the Parties to enter into an agreement to outline the duties and responsibilities of each Party, for the betterment of the public and to avoid conflicts in each Party' s individual obligations under applicable law to the portion ofthe storm drainage easement within portions of the Levee Easements(" Common Use Area").
AGREEMENT
NOW, THEREFORE, in consideration ofthe premises and ofthe mutual cavenants hereinafter set forth, the Parties do hereby agree as fo(lows:
1. City hereby agrees to the construction, reconstruction, maintenance or use by District of the District Worlcs located within the Common Use Area which is more particularly described on. E chibit A" to this Ageeement, incorporated herein by this reference.
2. District hereby agrees ta the construction, reconstruction, maintenance or use by City of the storm drainage line within the Common Use Area whieh is more particularly described on Exhibit" A" to this Agreement, incarporated herein by this reference.
3. District and City acknowledge the priority of title of each other wherever applicable to the Common Use Area.
4. District has reviewed the irnprovement plans for the storm drainage line prepared by O'Dell Engineer'rng and has no objections to the design and proposed construction of the facifities located within the Common Use Area.
5. In the event that the future use af the storm drainage easement shall at any time necessitate rearrangetnent, relocation or reconst vction of any of the Distric' s works within the Common Use Area, City shall notify District in writing of such necessity pursuant to applicable sections ofthe Water Code and City agrees to pay the cost of such rearrangement, relocation or reconstruetion of District Works following approval of all plans and specifications of said rearrangement, relocation, or reconstruction by the District, which approvai shall not be unreasonably withheld. b. In the event that the future use of the District Works shall at any time necessitate rearrangement, reEocation or reconstruction of any ofthe Vil(age MM Portion of Walsh Court within the Coxnmon Use Area, District shall notify City in writing of such necessity and District agrees to pay the cost of such rearrangement, relocation or reconstruction of the storm drainage line following approval of all p(ans and specifications of said rearrangement, relocation, or reconstruction by the City, which approval shall not be unreasonably withheld.
7. City shall pay the cost to rnaintain, repair or replace City' s facilities located in the Common Use Area at its sole expense, and for construction, rearrangement, modification, alteration or relocation not requested or undertaken by District, except for damage resulting from maintenance, repair or replaceinent by District.
8. District or its assignees shall pay the cost to maintain, repair and replace District's facilities located in the Common Use Area at its sole expense, and for construction, rearrangemant, modification, 2 alteration or relocation not requested or undectaIcen by City, excepting damage resulting from maintenance, repair or replacement by City.
9. District, when working within tha Comrnon Use Area shall comply with the following provisians:
a) Except in times of emergency, including during a high water or flooding event, District shall provide reasonable natice to City before performing any work in the Common Use Area where such work will be performed in or on the traveled way or ianproved shoulders, sidewalk or landscaping ofthe roadway or will otherwise obstruct vehicular and(or pedestrian traffic. b} In a(1 cases, District shall make adeyuate provisions for the protection of the travelling puhlic and provide such barricades and safety devices as are required by City standards, and in cases of non- emergency, provide a Traffic Control Flan as required by City standards and specifications. c) All work shall be pfanned and carried out so there will be minimum inconvenience to the traveting public.
d) All worlc shall be replacement in kind, c nfarm to the existing facilities as to width and depth of surfacing thereof, meet all applicable City standards and specifications as determined by the City Engineer and shall be subject to inspection 6y City.
10. District and City shall use said Common Use Area in such manner as to not unreasonably interfere with the rights of either Party.
11. District shall not be responsible for any damage occurring to the City facilities in the Common Use Area that are not as a direct result of the District' s maintenance, constcuction or reconstruction activities, or from its flood control facilities located on or near the Common Use Area. All costs for repairing such darnage to City' s facilities shall be borne by City.
12. City shall not be responsible for any damage occurring to District facilities in the Common Use Area that are not as a direct result of the City' s maintenance, construction or reconstruction activities of its right of way or improvements on or near the Common Use Area. All costs for repairing such damage to District' s facilities shall be borne by District.
13. District shall be respansible for the vegeYation and weed control activities of its levee slopes and adjacent areas that may transverse the Common Use Area. City shall be responsib( e for any landscaping and irrigation improvements within its right of way, including within the Common Use Area. The City or its assignees shaIl become responsibility for weed control within portions of the Cocnmon Use Area that are landscaped by the City.
14. To the extent that the City's rights to its storm draina e easement undec the applicable laws of the State of California do not hrnder or conflict with the rights of the District under applicable laws of the State of California, such rights of the District shall remain and be in full force and effect. Should any conflict with the rights of the City by rights of the District be identified, the District hereby subrogates its rights to the City, subject to review and approval of the District' s legal counsel.
15. This Agreement shall not have a prescribed tecm. Termination of Agreement shall only occur if the Common Use Area ceases to be in existence and the need for this Agreement and its rights and 3 obligations contained herein cease to be necessary. Either Party may pravide written notice of such termination, subject to review and verification of the other Patty.
16. Notices. Any and all notices reyuired to be given hereunder will be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the address hereinafter specified or as later amended by either party in writing:
City of Lathrop
Attention: City Engineer
390 Towne Centre
Lathrop, CA 95330
Reclamation District No. 2062
3 West Stewart Road
Lathrop, CA 95330
Attention: President
17. This Agreement, and all terms, cavenants, and conditions hereof, will apply to and bind the successors and assigns ofthe respective parties hereto. Neither Party wilI assign nor sublet this Agreement without the prior written consent ofthe other Party.
18. This Agreement is governed by California law.
19. This Agreement may not be rr odified or amended except in writing signed by both parties.
20. Each party must, in all activities undertaken pursuant to this Agreement, comply and cause its contractors, agents and employees to comply with all Federal, State and local Iaws, statutes, orders, ordinances, rules, and regulations.
21. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any permanent easement, fee or other interest in a parly' s real property to the other Party.
22. This Agreement, together with all exhibits attached hereto, constitutes the entire a reement between the Parties and supersedes all prior written or oral understandings. 4 IN WI'INESS WHEREOF, the City and District have signed this Agreement effective as of the Effective Date.
CITY OF LATHROP ISLAND RECLAMATION DISTRICT
A California municipal corporation NO. 2062, a California reclamation district
By: By;
Stephen Salvatore, City Manager Susan Dell' Osso, President ATTEST:
By:
Teresa Vargas, City Clerk
APPROVED AS TO FORM BY THE CITY OF LATHRUP CITY ATTORNEY:
By:
Salvador V. Navarrete, City Attorney
5 EXHIBIT " A"
COMMON USE AI2 A DEPICTION
6 GOLDEN VALLEY PARKWAY( D. N. 2019- 470952)
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CITY OF LATliRQP PARCEL 1 ( 42 MP 56)
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D. N. 2020- 076609
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SCALE: 1"= 100'
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N l.INE# DtRECTION L. ENGTH LINE# DIRECTION L NGTH LIN# DIRECTION LENGTH 0 L1 582 52' 07" E 99. 86' L8 N20° 29' 21" W 56. 00' L15 NORTH 14. 50' WJ
L2 SOUTN 90. 52' L9 N40° 39' 58" W 56. 00'
CtJRVE TABLE L3 S28° 21' 29" E 135. 69' L10 N18° 08' 02" UV 38, 51' CURVE# RADIUS DELTA LENGTH L4 S18° 06' 34" E 12. 40' L11 N53° 02' 44"W 64. 37' C1 56.00' 39° 40' 44" 38. 78' L5 N28° 21' 29" W 148. 74' L12 EAST 81. 72' C2 56. 00' 20 10' 37" 19. 72' L6 NORTH 82.96' L13 NORTH 40. 00' L7 N82° 52' 07" W 104. 79' L14 WEST 90. 00'
PLAT
LEGENQ RIVER ISLANDS
D. N. DOCUMENT NUMBER 10' STORM DRAIN EASE IENT
MP MAPS AND PLATS( BK-PC) SCALE: 1"= 100' DATE: 2022- 07- 25 a POB POINT OF BEGiNN1NG
JdB NO.: 25503 R) RADIAl. BEARING
i E N G 1 N E E FZ 1 N G
LE: 255Q3- PLAT- SD EASENENT. DWG
EXHIBIT " B"
OFFER OF D DICATION FOR STORM DRAINAGE ASEMENT
7 Recording Requested by and
Plecrse Return to:
City Clerk.
City ofLathrop
390 Towne Centre Drive
Lathrop, California 95330 •
7'his Instrument Benefts City Only
No Fee Required
This Space Above for Recorder's Use Only
IRREVOCABLE OFFER OI' DEDICATION OF EASEMENT
F R STORM DRAIN PURPOSES
RIVER ISLANDS MPLOYMENT CENTER)
FOR A VALUABLE CONSIDERATION, receipt ofwhich is hereby acknowledged, CALIFIA, LLC, a California limited liability campany, hereby grant( s} to the CITY OF LATHROP, a municipal corporation in the County of San 3oaquin, State of ealifornia, an easement for ingress and egress for storm drain pipeline mainten ce, repair, replacement and other public purposes, over and across the hereinafter described real property situated in City of Lathrop and x nore particularly describecl as follows:
SEE EXHIBIT " A" ATTAC`I-IED HERETO AND MADE A PART HEREOF This Offer of Dedicatian is made pursuant to Section 7050 of the Government Code of the State of California and may be accepted at any time by the City Engineer af the City of Lathrop. This 4ffer of Dedication nnay be termin. ted and righi to accept such offer abandoned in tlae same manner as is prescribed fbr the vaca ion of atreets or highways by Part 3 oF Division 9 or Chapter 2 of Division 2 of the Streets and Highways Code of the State of Caiifornia, whichever is applicable.
The above described easement is to be kept open, cleax and free from buildings and structures of any kind. This Offer of Dedication shall be irrevocable and shall be binding on the Gxantor' s heirs, executors, administrators, successors and assigns.
SIGNATURES:
Signed this 25' day of August, 2022.
CALIFIA, LLC
a California limited liability company
By:
Susan Dell' Osso, PresidenY
Notary Acknowledgment Required for Each Signatary}
EXHIBIT A
LEGAL DESCRIPTION
STORM DRAIN EASEMENT
RIVER ISLANDS EMPLOYMENT CENTER)
See Attached)
JN25503 7(25/ 2p22
LEGAL DESCRIPTION
12' STORM DRAtN EASEMENT
RIVER fSLANDS
LATHROP, CALIFORNIA
CERTAIN REAL PROPERTY SITUATE iN THE ClTY 4F LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, DESCRfBED i4S FOLLOWS:
BEWG A PORTION OF PARCEL 1, AS SAID PARCEL IS SHOWN ON THE MAP ENTITLED TRACT 3876, RIVER ISLANDS, PHASE 1 B, LARGE LOT FINAL MAP", FILED MARCH 31, 2016, IN BOOK 42 OF MAPS AND PLATS, AT PAGE 56, C} FF[ CIAL RECORDS OF SAN lOAQUIN COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT UN THE EAST LfNE OF J7 C URT( NOW KNOWN AS CIRRUS COURT), AS SAID COtJRT IS DESCR( BED IN DQCUMENT NO. 2020- 076610, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, SAID POINT ALSO BE[ NG SOUTH 40°39'S8" EAST
56. 00 FEET FROM THE CENTER OF THE CUL- DE- SAC OF SAID J7 C URT; THENCE LEAVING SAID EAST LINE, SOUTH 82° 52' 07° EAST 99. 86 FEET; 7H NCE, SOUTH 90. 52 FEET;
THENCE, SOUTH 28° 21' 29" EAST 135. 69 FEET;
THENCE, NORTH 71° 3' 26" EAST 597. 10 FEET;
THENCE, SOUTH 18°06'34" EAST 12.00 FEET;
THENCE, SOUTH 7'!° 53' 26" WEST 607. 13 FEET;
THE ICE, NORTH 28° 21' 29" WEST 148. 74 FEET;
THENC, NORTH 82. 96 FEET;
THENCE, NORTH 82° 52' 07" WEST 104. 79 FEET TO THE EAST LINE OF SAID J7 COURT;
THENCE ALONG SAID EAST LINE, NORTHERLY ALONG A NON- TANGENT CURVE TO THE LEFT, HAVING A RADlUS OF 56. 00 FEET, FRUM WHICH POINT THE CENTER OF SAlD CURVE BEARS NORTH 20°29' 21" WEST, THROUGH A CENTRAI. ANGLE QF 20° 10'37" AND AN ARC DISTANCE F 19. 72 FEET TO THE PO1NT OF BEGINNiNG.
C( NTAINING 11,' f90 SQUARE FEET, MORE OR LESS.
ATFACHED HERETO IS A PLAT TO ACCOMPANY LEGAL DESCRIPTIf3N, AND BY TH1S REFERENCE MADE A PART HEREOF.
PAGE 1 OF 2
T:125503- Rlver IslandslPhase 22- Flnal Water Tank SIte1ACA41LEGAl. DESCR[ PTIONt25503- LEC,AL- STORM DRAIN EASEMENT. docx JN25503 7/25/2a22
END OF DESCRIPTtON
THIS REAL. PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WETH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYOR' S ACT.
ov A MND SG
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WlLL1AM M. KOCH
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No. s092 * DATE
PROFESSI NAL. LAND SURVEYOR +, Q
CALIFORNIA NO. 8092 TFOF CAi-'
PAGE2QF2
7:125503- River IslandslPhase 22- Final Water Tank Site1ACADU. EGAt. DESCRiPTIONl25503- LEGAL- STORM DRAIN EASEMF1V7. docx GOLDEN VALLEY PARKWAY ( D. N. 2d19- 070952}
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SCALE: 1 = 100 i, a s.F.
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LINE# DIRECTION LENGTH LINE# DIRECTION LENGTH L. INE# DIRECTION LENGTH 0 L1 S82° 52'07" E 99. 86' L8 N20 29'21" W 56.00' Li v NOR' CN 14. 50' L2 SOUTH 90. 52' L9 N40° 39' S8" W 56. 00`
CURVE TABLE L3 S28° 21' 29" E 135. 69' L10 N18° 08`02"W 38. 51' rCURVE# RADIUS DELTA LENGTH L4 S18° 06' 34" E 12. 00' L11 N53° 42' 44" W 64.37' L5 N28° 21' 29" W 148. 74' L12 EAST 81. 72'
C1 56. 00' 39 40' 44" 38. 78'
J
G2 56. 00` 20° 10' 3T' 19, 72' L6 NOR7H 82. 96' L13 NORTH 40. 00' L7 N82° 52' 07" W 104. 79' L14 WEST 90. 00'
PLAT
RIVER ISLANDS LEGEND
10' STORM DRAIN EASEMENT D.N. DOCUMENT NUMBER
MP hrfAPS AND PLATS( BK• PG) SCAI.. E. 1= 100' DATE: 2Q22- 07- 25
POB POINT OF BEGINNING
JOB NQ.: 25503
oF
R RADIAL BEARfNG
N G 1 N E E R 1 N G
FILE: 25503- PLAT- SD EASF. ENLDWG
Attachment G
Recording Requested by and
Please Return to:
City Clerk
City of Lathrop
390 Towne Centre Drive
Lathrop, California 95330
This Instrument Berrefits City 4nly
No Fee Required
This Space Above for Recorder' s Use Only
IRREVOCABLE OFF R F DEDICATION OF EASEMENT
FUR STORM DRAIN PURPO5ES
RIVER ISLANDS MPLOYMENT CENTER)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CALIFIA, LLC, a California limited liability company, hereby grant(s} to the CITY OF LATHRQP, a municipal corporation in the County of San Joaquin, State of California, an easernent for ingress and eg7ress for storm drain pipeline maintenance, repair, replacement and other public purposes, over and across the hereinafter described real groperty situated in City of Lathrop and more particularly described as follows:
SEE EXHIBIT" A" ATTACHED HERETO AND MADE A PART HEREOF
This OFfer of Dedication is made pursuant to Section 705Q ofthe Government Code of the State of California and may be accepted at any time by the City Engineer af the Cirty of Lathrop. This Offer of Dedication may be terminated and right to accept such affer abandoned in the same manner as is prescribed for t,he vacation of streets or hi hways by Part 3 of Division 9 or Chapter 2 of Division 2 of the Streets and Highways Code of the State of California, whichever is applicable.
The above described easement is to be kept apen, clear and free from buildings and structures of any kind. This Offer of Dedication shall be irrevocable and shall be binding on the Grantor' s heirs, executors, administrators, successors and assigns.
SIGNATURES:
Signed this 2Stn day af August, 2022.
CALIFIA, LLC
a California limited liability company
By:
Susan Dell' Qsso, President
Natary Acknowledgment Required for Each Signatory)
EXHIBIT A
LEGAL DESCRIPTION
STORM DRA1N EASEMENT
RIVER ISLANDS EMPLOYMENT CENTER)
See Attached)
JN255Q3 7/25/2022
LEGAL DESCRIPTION
12' STORM DRAIN EASEMENT
RIVER ISLANDS
L.,,ATHR P, CALIFORNIA
CERTAIN REAL PROPERTY SfTUATE IN THE CITY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE F CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTIC N OF PARCEL 1, AS SAID PARCEL IS SHOWN N THE MAP ENTITLED TRACT 3876, RIVER ISLANDS, PHASE 16, LARGE LOT FINAL MAP", FIL. ED MARCH 31, 2016, IN BOOK 42 C F MAPS AND PLATS, AT PAGE 56, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, MORE PART{ CULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A P INT ON THE EAST LINE OF J7 COURT( NOW KN4WN AS CIRRUS COURT), AS SAID COURT IS DESCRIBED IN DOCUMENT NO. 2020-076610, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, SAID POINT ALSO BEfNG SOUTH 40°39'58" EAST
56. 00 FEET FR M THE CENTER OF THE CUL- DE- SAC OF SAID J7 COURT; THENCE LEAVING SAID EAST LINE, S UTH 82° 52' 07" EAST 99. 86 FEET; THENCE, SOUTH 90. 52 FEET;
THENCE, SOUTH 28° 21' 29 EAST 135. 69 F'EET;
THENCE, NORTH 71° 53' 26" EAST 597. 10 FEET;
THENCE, SOUTH 18°06'34" EAST 12. 00 FEET;
THENCE, SOUTH 71° 53' 26" WEST 607. 93 FEET;
THENCE, NORTH 28° 21' 29" VVEST' 148. 74 FEET;
THENCE, NORTH 82. 96 FEET;
THENCE, NORTH 82° 52' Q7" WEST 104. 79 FEET TO THE EAST LINE OF SAID J7 COURT; THENCE ALONG SA[ D EAST L[ NE, NORTHERLY ALONG A NON- TANGENT CURVE TO THE LEFT, HAVING A RADIUS F 5fi.00 FEET, ' ROM WHICH POINT THE CENTER OF SAID CURVE BEARS NORTH 20°29'21" WEST, THROUGH A CENTRAL ANGLE OF 20°10'37" AND AN ARC DISTANCE OF 19.72 FEET TO THE PDINT OF BEGINNING.
CONTAINlNG 11, 190 SQUARE FEET, MORE R LESS.
ATTACHED HERETO IS A PLAT TO ACC MPANY LEGAL DESCRIPT( ON, AND BY THfS REFERENCE MADE A PART HEREOF.
PAGE 1 OF 2
T:125503- Wver IslandslPhase 22- Flnal Water Tank SIieU1CADiLEGAL DESCRIPTiOM25503- 1. EGAL- STORM DRAIN EASEMENT. docx GOLDEN VALLEY PARKWAY( D. N. 2019- 070952)
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LINE TABLE LINE TABLE LINE TABLE
LINE# DIRECTION LENGTH LINE# DIRECTIOfd LENGTH LINE# DIRECTION LENGTH 0 Li S82° 52' 07" E 99.86' L8 N20' 29'2" W 56. 00' L15 PJORTFi 14. 50' L2 SOUTH 90. 52' L9 N40 39' 58" W 56. d0'
a
CURVE 7ABLE
L3 S28° 21' 29" E 135. 69' L10 N18° 08' 02" W 38. 51'
CURVE# RADIUS DELTA LENGTH L.4 S18° 06' 34"E 12. 4' L11 N53° 02' 44" W 64. 37' C1 56. 00' 39° 40' 44" 38. 78' L5 N28° 21' 29" W 148. 74' L12 EAST 81. 72' J
Z C2 56. 00' 20° 10'37" 19. 72' L. 6 NORTH 82. 96' L13 NQRTH 40. 00' N
L7 N82° 52' 07"W 104. 79' L14 WEST 90.ap'
PLAT
LEGEND RIIIER ISLAN S
D. N. DOCUMENT NUMBER 10' STORM DRAIN EASEMENT
MP MAPS AND PLATS( BK- PG) SCALE: 1"= 100' DATE: 2022- 07- 25 POB POINTOFBEGINNiNG
J OB N O.: 2 550 3
p
R) RADIAL BEARING
E N G 1 N E R 1 N G
FILE: 25503- PLAT- SQ EASEb11ENLDNIG
JN25503 7/ 25/ 2022
END OF DESCRIPTION
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYOR' S ACT.
P a k0
o'` p. M M'
O' L
3 p q ZU L Z._
WILLIAM M. KOCH No. 8092 * DATE
PROFESSIONAL LAND SURVEYOR s, Q
CALIFORNIA NO. 8092 4rFo CA4`Eo
PAGE20F2
T:125503- River IsiandsiPhase 22- Final Water Tank SiteU1CADI EGAL DESCRIPTION125503- LEGAL-STORM DRAIN EASEMENT. dowc This is to certify that the interest in real property offered herein to the City of Lathrop is hereby acicnowledged by the undersigned, City Clerk, on behalf ofthe City ofLathrop City Council to authoxify conferred by the Lathxop Municipal Cade axad the grantee( s) consent( s} to the recordation thereof by its duly authorized officex
TERESA VARGAS, CITY CLERK
By:
Date: