Agenda, closed session, second session — City Council / Local Redevelopment Authority / Public Financing Authority, June 28, 2022 (part 3 of 4)

Item 10.7 – CC/LRA – 06/28/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.7
SECTION 10: PUBLIC HEARING
Meeting Date: June 28, 2022
Subject/ Title: Riverbank Storm Drain Maintenance District No. 2006-01 (Heartlands):

Resolution of the City Council of the City of Riverbank, County of Stanislaus, State of California, Ordering the Levy and Collection of Assessments Within the Riverbank Storm Drain Maintenance District No. 2006-01 (Heartlands) for Fiscal Year 2022/2023
From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Development Services Admin. Manager

RECOMMENDATION
It is recommended that the City Council adopt Resolution ordering the levy and collection of annual assessments for the Riverbank Storm Drain District No. 2006-01 (Heartlands) for Fiscal Year 2022/2023.

SUMMARY
Pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California commencing with Section 54703, a special benefit assessment district was formed and designated as the Riverbank Storm Drain District No. 2006-01 (Heartlands). The assessments from this District provide for the maintenance and operation of storm drain facilities and improvements.

The special benefit District includes the Heartlands and the Cottages Subdivisions as well as the Crossroads commercial development.

The attached resolution represents the second of two steps in the annual levy of assessments on the district for fiscal year 2022/2023.

The annual levy per EDU will increase by 5% from $37.62 to $39.50 to cover maintenance costs.

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Item 10.7 – CC/LRA – 06/28/2022
It is recommended that the City Council adopt Resolution ordering the levy and collection of annual assessments for the Riverbank Storm Drain District No. 2006-01 (Heartlands) for Fiscal Year 2022/2023.

FISCAL IMPACT
The annual assessment for residential parcels in the Riverbank Storm Drain District No. 2006-01 (Heartlands) for Fiscal Year 2022/2023 is as follows:

FY 21/22 FY 22/23 Change in Assessment
Residential Parcel Assessments $37.62 $39.50 $1.88
Costs for the district are paid through assessments upon property owners within the District; hence, there is no fiscal impact to the City.

ATTACHMENTS

1. Draft City Council Resolution 2022 , Ordering the Levy and Collection of Assessments

2. Engineer’s Annual Levy Report Riverbank Storm Drain District No. 2006-01 (Heartlands) Fiscal Year 2022/2023

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CC/LRA – 06/28/22
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA

ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE RIVERBANK STORM DRAIN MAINTENANCE DISTRICT NO. 2006-01
(HEARTLANDS) FOR FISCAL YEAR 2022/2023

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, the City Council has by previous Resolutions initiated proceedings and declared its intention to levy assessments for the Riverbank Storm Drain Maintenance District No. 2006-01 (Heartlands) (hereafter referred to as the “District”) for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of Part 1 of Division 2, Article 4 of the Government Code of California, beginning with Section 54703 (hereafter referred to as the "Act") to pay the costs and expenses of operating, maintaining, and servicing improvements and facilities located within public places within the boundaries of the District; and,
WHEREAS, the Engineer selected by the Council has prepared and filed with the City Clerk, and the City Clerk has presented to the Council, the Engineer’s Annual Levy Report (hereafter referred to as the “Report”) for the District that describes the District and the proposed levy and collection of assessments upon eligible parcels of land within the District, and the Council did by previous Resolution approve such Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 to pay the costs and expenses of operating, maintaining, and servicing improvements and facilities located within the boundaries of the District; and, WHEREAS, this City and its legal counsel have reviewed the provisions of Section XIIID of the California State Constitution and found that the proposed assessments comply with these provisions.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY

THE CITY COUNCIL FOR THE RIVERBANK STORM DRAIN MAINTENANCE DISTRICT NO. 2006-01 (HEARTLANDS) AS FOLLOWS:

Section 1 Following notice duly given, the City Council has held a full and fair Public Hearing regarding the District, the levy and collection of assessments, the Report prepared in connection therewith, and considered all oral and written ATTACHMENT 1

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CC/LRA – 06/28/22
CC Resolution 2022-
statements, protests, and communications made or filed by interested persons regarding these matters.

Section 2 Based upon its review (and amendments, as applicable) of the Report, the City Council hereby finds and determines that:
i) The land within the District will receive special benefit by the operation, maintenance, and servicing of improvements and facilities located in public places within the boundaries of the District; and,
ii) The District includes all of the lands so benefited; and, iii) The net amount to be assessed upon the lands within the District in accordance with the fee for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated benefits to be received by each parcel from the improvements and services.

Section 3 The Report and assessments as presented to the City Council and on file in the Office of the City Clerk are hereby confirmed as filed.

Section 4 The maintenance, operation, and servicing of the improvements and appurtenant facilities shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as follows: the maintenance and operation of the following described improvements of a local nature on public lands within said District including street sweeping, storm drain lines, including necessary cleaning, repairs, replacement, electric current, supervision, debris removal, engineering and supervision and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. The Report describes all new improvements or substantial changes in existing improvements.

Section 5 The County Auditor of Stanislaus shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.

Section 6 The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the “Riverbank Storm Drain Maintenance District No. 2006-01 (Heartlands)”, and such money shall be expended only for the maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities as described in Section 4.

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CC/LRA – 06/28/22
CC Resolution 2022-
Section 7 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 28th day of June 2022; motioned by Councilmember ______, seconded by Councilmember ______, and upon roll call was carried by the following vote of ___:

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________ ________________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: Engineer’s Report – Storm Drain Maintenance District No. 2006-01 (Heartlands) L&L for FY 2022-23
City of Riverbank
2013/2014 Riverbank Storm Drain District No. 2006-01 Heartlands Page 1 of 19 City of Riverbank
Riverbank Storm Drain District
No. 2006-01
(Heartlands)
2022/2023 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: June 14, 2022
Public Hearing: June 28, 2022
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
ATTACHMENT 2

TABLE OF CONTENTS
INTRODUCTION 1
PART I - PLANS AND SPECIFICATIONS 3
A. DESCRIPTION OF THE DISTRICT 3
B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 3
C. DESCRIPTION OF IMPROVEMENTS AND SERVICES 5
PART II - METHOD OF APPORTIONMENT 6
A. BENEFIT ANALYSIS 6
B. ASSESSMENT METHODOLOGY 8
C. ASSESSMENT RANGE FORMULA 10
PART III – 2022/2023 DISTRICT BUDGET 12
PART IV - DISTRICT DIAGRAMS 13
PART V – 2022/2023 ASSESSMENT ROLL 15

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 1 of 19

INTRODUCTION
Pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California commencing with Section 54703 (hereafter referred to as the “1982 Benefit Act”), and in compliance with the substantive and procedural requirements of the California State Constitution, Article XIIID (hereafter referred to as the “California Constitution”), the City Council of the City of Riverbank, County of Stanislaus, State of California (hereafter referred to as “City”), in connection with the proceedings required for the assessment of the special benefit assessment district designated as:

Riverbank Storm Drain District No. 2006-01
(Heartlands)
(hereafter referred to as “District”), to provide for the maintenance and operation of storm drain facilities and improvements associated with the development of properties therein.

Said District shall include all lots and parcels of land within the City of Riverbank that receive direct and special benefits from the improvements including the residential subdivisions known as the Heartlands and the Cottages as well as the commercial development located on the north side of Claribel Road between Oakdale Road and the MID Lateral No. 6 (hereafter referred to as the “Crossroads Commercial Center”). This Engineer’s Report (hereafter referred to as “Report”) describes the District, the improvements therein, any annexations or other modifications to the District, including any substantial changes to the improvements, the method of apportionment, the boundaries of the District, and financial information including the district budgets and proposed annual assessments for Fiscal Year 2022/2023. This Report describes the District, the improvements, and the assessments to be levied on the County tax rolls to fund the costs and expenses to service and maintain storm drain improvements associated with and resulting from the development of properties within the District and for which the properties receive special benefits. This District will provide an ongoing funding source (annual assessments) for the continued operation and maintenance of storm drain improvements installed in connection with the development of properties within the District and is made pursuant to the 1982 Benefit Act and the substantive and procedural provisions of the California Constitution.

The improvements and assessments described in this Report are based on the existing and planned development of properties and storm drain infrastructure within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the improvements. The formation of the District, the structure of the District (organization), the improvements, the method of apportionment, and assessments described herein are based on current development plans and specifications for the Heartlands, the Cottages, and the Crossroads Commercial Center developments; and by reference these plans and specifications are made part of this Report.

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 2 of 19 The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the Stanislaus County Assessor’s Office. The Stanislaus County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties assessed on the tax roll for special district benefit assessments.

The assessments as approved will be submitted to the Stanislaus County Auditor/Controller to be included on the property tax roll for each parcel in Fiscal Year 2022/2023.

Pursuant to the 1982 Benefit Act, in no case shall the annual assessments exceed the maximum assessment rate (including the annual inflationary adjustment) established and approved by the property owners as part of the formation proceedings, without subsequent approval of the property owners of such new or increased assessment in accordance with the provisions of the California Constitution, Article XIIID. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment.

This Report consists of five (5) parts:

Plans and Specifications: A description of the District boundaries and the improvements associated with said District. This District is a single benefit zone encompassing all properties within the territory identified as the Heartlands, the Cottages and the Crossroads Commercial Center.

Method of Apportionment: A discussion of benefits the improvements provide to properties within the District and the method of calculating each property’s proportional special benefit and annual assessment. An Assessment Range Formula described herein defines the maximum assessment that may be imposed in subsequent fiscal years without additional property owner ballot proceedings
District Budget: An estimate of the annual costs to maintain and service the storm drain improvements installed and constructed as part of the development of properties within the District. The maximum assessment and assessment range formula established for the District is based on the development plans and estimated annual cost and expenses associated with the improvements at build-out. The assessments to provide the improvements shall be based on the estimated net annual cost of operating and maintaining of the District improvements for that fiscal year. The maximum assessment (Rate per Equivalent Benefit Unit) identified in the budget of this Report establishes the initial maximum assessment for the District in Fiscal Year 2022/2023.

District Diagram: A Diagram showing the exterior boundaries of the District is provided in this Report and includes all parcels that will receive special benefits from the improvements. Parcel identification, the lines and dimensions of each lot, parcel, and subdivision of land within the District, are inclusive of all parcels as shown on the Stanislaus County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include all subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Stanislaus

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 3 of 19 County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District.

Assessment Roll: A listing of the assessment amount to be presented to the property owners of record. Said assessment amounts represent each parcel’s proportional special benefit from the improvements and services to be provided by the District based on an initial maximum assessment rate per Equivalent Benefit Unit (EBU). The maximum assessment rate has been established based on the planned development of properties within the District and the net annual cost to maintain and service the improvements as outlined in the District budget and method of apportionment described herein.

PART I - PLANS AND SPECIFICATIONS
A. DESCRIPTION OF THE DISTRICT
The territory within the District consists of all lots, parcels and subdivisions of land within the residential and commercial subdivisions known as the Heartlands, the Cottages and the Crossroads Commercial Center, which encompass an area of land totaling approximately eighty-eight acres (88.11 acres) of which approximately four acres (4.01 acres) is the drainage basin area, twenty-two acres (22.22 acres) that represents the area of residential development consisting of one hundred fifty-two (152) planned single-family residential units and approximately sixty-two acres (61.88 acres) that represents the area of commercial development. The residential area includes the subdivisions of the Heartlands and the Cottages representing 96 and 56 single-family residential homes, respectively. The District and parcels therein are generally located:

East of Oakland Road,
North of Claribel Road, and
South and West of the M.I.D Lateral No. 6.

The parcels within the District at the time of the Resolution of Intention are identified by the Stanislaus County Assessor’s Office as:

Parcel number 075-097-043 for the drainage basin area, which is located on the northwest corner of the District;
All parcels within Book 075 Pages 096, 097 and 098 for the residential subdivisions known as the Heartlands and the Cottages, which are located along the northern areas of the District; and
All parcels within Book 075 Page 093 for the commercial area referred to as the Crossroads Commercial Center that is located south of the planned residential development within the District, with the exception of parcel number 075-093-026-000 which is the Hetch Hetchy 110' R O W.

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 4 of 19  The installation or construction of statuary, fountains, and other ornamental structures and facilities.
 The installation or construction of public lighting facilities.  The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
 The maintenance or servicing, or both, of any of the foregoing.  The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
 The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
 The costs of printing, advertising, and the publishing, posting and mailing of notices;
 Compensation payable to the County for collection of assessments;  Compensation of any engineer or attorney employed to render services;  Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
 Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
 Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
 Repair, removal, or replacement of all or any part of any improvement.  Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.  The removal of trimmings, rubbish, debris, and other solid waste.

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 5 of 19  The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

C. DESCRIPTION OF IMPROVEMENTS AND SERVICES
The purpose of this District is to ensure the ongoing maintenance, operation and servicing of storm drain improvements established or installed in connection with development of properties within the District. The improvements may consist of all or a portion of the storm drain infrastructure and appurtenant facilities within and associated with the development of properties within the residential subdivisions known as the Heartlands and the Cottages, and the commercial development located on the north side of Claribel Road between Oakdale Road and the MID Lateral No. 6, referred to as the Crossroads Commercial Center. The District improvements generally include but are not limited to inlets, catch basins, storm-drain-pipes, outlets, pumps, filters, drainage basins, and appurtenant facilities. The special benefit assessments to be levied for this District are intended to provide a revenue source for the ongoing maintenance and servicing of these District improvements including, but not limited to the materials, equipment, labor and administrative expenses. However, the assessments are not intended to fund reconstruction or major renovations of the improvements and facilities.

Development of each of the properties within the District to their full potential required the construction and installation of the four-acre drainage basin area located in the northwest section of the District and related storm drain infrastructure within the District to address water run-off from these properties. The construction and installation of these improvements and facilities were only necessary for the development of these properties and the ongoing maintenance and servicing of these improvements provided by this District are only necessary to ensure the integrity of these improvements and facilities associated with those properties. The facilities and services to be funded through the District assessments are generally described as:

Improvements and Facilities
The Storm Drain improvements and facilities to be maintained by the District include the four-acre drainage basin site constructed in the northern portion of the District (Assessor’s Parcel Number 075-097-043) and the related facilities and infrastructure located within that site (referred to here as basin-site improvements), as well as the pipes, catch basins, inlets and related drainage facilities within the residential and commercial development areas that collect and direct water flow to this drainage basin (referred to here as propertysite improvements). The facilities and infrastructure to be funded through the District assessments generally include:

Basin-site Improvements
A 2.95 acre drainage basin facility with 4 inch concrete reinforced side slopes and a soil composition floor that will naturally become vegetated through volunteer native plants; Approximately one acre of “upland” area surrounding the 2.95 acre drainage basin that is primarily constructed of compacted aggregate base material; A 6 foot high chain link fence along the perimeter of the “upland” area surrounding the drainage basin; An 8 inch

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 6 of 19 concrete reinforced access ramp to the basin floor; Drainage infrastructure facilities within the drainage basin site that include but are not limited to: A twenty foot wide rip-rap swale made up of 4-6” angular rock with a perforated sub-drain underneath the rip-rap to remove silt and sediment from the water runoff entering the basin (required by the Modesto Irrigation District); Screened inlets and galvanized steel storm drain grates; A lift/pump station; Four (4) catch basins; Two (2) cleanouts; One (1) manhole; and Approximately 1,005 linear feet of drain pipe including: 437 linear feet of 10” PVC gravity line. 168 linear feet of 10” PVC forced main line from the pump station to the MID canal. 143 linear feet of 12” perforated PVC. 199 linear feet of 18” RCP. 58 linear feet of 54” RCP (from basin inlet to Oakdale Road RW).

Property-site Improvements
The overall storm drain system to be maintained by the District includes various pipes, catch basins, inlets and other facilities within public right-of-ways and easements that collect and direct water flow from the residential and commercial properties of the District to the drainage basin. These improvements generally include: 73 storm drain manholes; 80 catch basins; and 123,057 lineal feet of piping tributary to the basin.

A detailed description of the storm drain improvement plans associated with the various property developments within the District are on file with the City Engineer and by reference these plans and specifications are made part of this Report.

Maintenance and Services
Annual inspection and stencil maintenance of inlets & catch basins; Cleaning and maintenance of catch basins, cleanouts, manholes, inlet structure and outlet structure as needed, including permits and documentation requirements; Periodic cleaning of storm drain pipes, including permits and documentation requirements; Annual landscape maintenance and rodent control of the drainage basin area; Periodic vegetation and debris control within the drainage basin; Cleaning, debris removal and de-silting of drainage basin and/or biofilter areas as needed; Minor repair of the storm drain outlets if damaged or any other damaged facilities caused by flooding (major repairs or reconstruction are excluded); Regular operational costs to maintain and clean drainage basin pump and filters, including electrical costs (major repairs or replacement are excluded); Annual maintenance and repair of the fencing around the drainage basin.

PART II - METHOD OF APPORTIONMENT
A. BENEFIT ANALYSIS
The 1982 Act permits the establishment of assessment districts by agencies for the purpose of providing for the maintenance, operation and servicing of drainage and flood control improvements. The 1982 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service”.

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 7 of 19 Furthermore:
“The annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service, except that the legislative body may, by resolution, determine that the estimated cost of work authorized … is greater than can be conveniently raised from a single annual assessment and order that the estimated cost shall be raised by an assessment levied and collected in installments…. The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied.

The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices in compliance with the provisions of the 1982 Act and the California Constitution. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel.

Each of the improvements and services, and the associated costs and assessments, have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1982 Act and the California Constitution. The storm drain improvements associated with this District were necessary and essential requirements for the development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City General Plan. As such, the ongoing operation, servicing and maintenance of those improvements would otherwise be the direct financial obligation of each individual property owner. Since the parcels to be assessed within the District would not have been developed in the absence of these improvements and facilities, each parcel has a direct investment in the proper maintenance of the various improvements that is over and above any general benefits that may be conferred by such improvements and services.

The ongoing maintenance and servicing of the District improvements is an integral part of the use and preservation of the properties within the District. Such services to be funded by annual assessments confer a particular and distinct special benefit to those parcels. The proper maintenance and servicing of the storm drain system ensures proper water flow and control of excess water during periods of rain, which is essential to the preservation and protection of private property. The storm drain system contributes to a specific enhancement of the parcels within the District and the absence of adequate maintenance and servicing of these improvements could eventually have a negative impact on those properties.

Although the improvements may include storm drain facilities that connect to similar facilities outside the District boundaries, it is clear that the construction and installation of these improvements were only necessary for the development of properties within the District. As such, it has been determined that the ongoing maintenance, servicing, and operation of the District improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. Any improvement or portion thereof

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 8 of 19 (particularly off-site storm drain facilities) that may be considered general benefit shall be funded by other revenue sources and not included as part of the special benefit assessments allocated to properties within this District. However, the costs associated with installation or improvement of any future off-site facilities that benefit the parcels within this District as well as other properties (shared benefit) may be allocated to the parcels within the District based on their proportional special benefit from such improvements.

B. ASSESSMENT METHODOLOGY
All costs associated with the improvements and services shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with the California Constitution Article XIIID, Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the District as well as the actual or planned development of each property as compared to other parcels that benefit from the improvements.

While the parcels within this District include both planned residential development and commercial development, they share a common need to control water runoff associated with their property. It has therefore been determined that the overall acreage of property development (gross acreage) within the District and each parcel’s proportional share of that acreage provides a direct correlation to the special benefit each property receives from the improvements and services because it provides a fair and reasonable correlation to each parcel’s proportional water runoff and demand on the storm drain infrastructure.

Although the specific development of each property may have some impact on the amount of water runoff associated with that property due to variations in the surface area (natural or landscaped surfaces versus building footprint or asphalt area), the need for a well maintained storm drain system is essential to all property development and variations in the development of each property is considered inconsequential to the benefits associated with that storm drain system.

The following table provides a summary of the development acreage within the District that will benefit from the improvements and services to be provided through the revenues collected through the District’s annual assessments.

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 9 of 19 Land Use Acreage
Percentage
of Acreage
Planned Residential Development 22.22 26.42%
Planned Commercial Development 61.88 73.58%
Total 84.10 100.00%
Acreage by Land Use
Equivalent Benefit Units
Based on the preceding discussion, each property within the District is assigned an Equivalent Benefit Unit (“EBU”) that is reflective of the parcel’s proportional acreage, special benefit and assessment obligation.

Commercial Properties — Include all developed commercial properties and properties planned for commercial development within the area identified as the Crossroads Commercial Center within the District. Each of these parcels is assigned an EBU based on the parcel’s net acreage. Each taxable property shall be assessed on the County tax roll, their proportionate share of the net annual costs based on this assigned EBU.

Properties planned for commercial development have been assigned an aggregate 61.88 EBU. Non-taxable properties (parcels the County does not generate a tax bill for) shall be hand-billed for their proportional annual assessment if applicable, but should such assessments not be collected; the City shall make a contribution to the District to offset the lost revenue.

Residential Properties — While the overall EBU established for the District is based on the total acreage of benefiting properties, it has been determined that the benefit to each of the single-family residential properties developed in the District is identical and that the most appropriate allocation of special benefit is reflected by the total acreage associated with the residential subdivisions within the District divided by the total number of approved residential units. (22.22 acres divided by 152 approved units, equals approximately 0.15 EBU per residential unit). Therefore, each single-family residential parcel shall be assigned 0.15 EBU and residential properties that have not been fully subdivided, shall be assigned an EBU that reflects 0.15 EBU for each planned residential unit to be developed on the property.

Exempt Properties — This land use identifies properties that are not assessed and are assigned 0.00 EBU. This land use classification may include but is not limited to any lot or parcel identified as public streets and other roadways (typically not assigned an APN by the County); and the four-acre detention basin site that represents much of the District’s improvements, or any other public easement, utility right-of-way or other publicly owned properties that are part of the District improvements or may provide other benefits to private properties within the District.

These types of parcels are considered to receive no benefit from the improvements because they are also generally required as part of developing the residential and commercial properties within the District. These properties are exempted from assessment, but shall be reviewed annually by the assessment engineer to confirm the parcels’ current development status. Government owned properties or public properties

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 10 of 19 are not necessarily exempt properties and shall be subject to special benefit assessment unless it qualifies for an exempt status.

The following formulas are used to calculate each parcel’s annual assessment (proportional benefit):

The total number of Equivalent Benefit Units for the District is the sum of all individual EBUs applied to parcels that receive special benefit from the improvements.

All Residential Property EBUs + Commercial Property EBU’s = Total Parcels’ EBU An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total net annual cost budgeted for the improvements and dividing that amount by the total number of EBU’s.

Total Balance to Levy / Total EBUs = Assessment Rate per EBU This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and annual assessment obligation for the improvements.

Assessment Rate per EBU x Each Parcel’s Assigned EBU = Parcel’s Levy Amount C. ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution, Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation).

The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments.

As part of the District formation, balloting of property owners is required pursuant to the California Constitution, Article XIIID, Section 4. As part of the District formation, the notice and assessment ballots presented to the property owners for approval, included a maximum assessment amount for Fiscal Year 2006/2007 (initial maximum assessment), identification of the corresponding maximum assessment rate and a summary of the assessment range formula described herein.

The assessment range formula for this District shall be applied to all future assessments and is generally defined, if the annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment, then the annual assessment is not considered an increased assessment. The Maximum Assessment is equal to the (Initial) Maximum Assessment established for fiscal year 2006/2007 adjusted

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 11 of 19 annually by the annual percentage change in the February Consumer Price Index (CPI) for the San Francisco-Oakland-Hayward Area for All Urban Consumers. The Maximum Assessment for Fiscal Year 2021/2022 was $775.67/EBU. The CPI for 2022 is 5.19% increasing the Maximum Assessment for Fiscal Year 2022/2023 to $815.95/EBU.

Beginning in the second fiscal year (Fiscal Year 2007/2008) and each fiscal year thereafter, the Maximum Assessment will be recalculated and a new Maximum Assessment established for that fiscal year. The Maximum Assessment shall be adjusted annually and is calculated independent of the District’s annual budget and annual assessment. Any annual assessment (rate per EBU) less than or equal to this Maximum Assessment is not considered an increased assessment, even if the assessment is much greater than the assessment applied in the prior fiscal year.

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 12 of 19 PART III – 2022/2023 DISTRICT BUDGET
The Maximum Assessment per EBU is shown within the following budget and is based on the cost of providing the District improvements. As outlined in the method of apportionment, all the improvements are considered special benefit and there are no improvement costs that have been identified as general benefit.

Total District

DIRECT COSTS
Annual Maintenance
Inspection & Abatement: Drainage Basins $1,500
Landscape Maintenance: Drainage Basins (Including Utilities) 6,100 Annual Maintenance: Drainage Basin/Channelway Fencing 844 Annual Inspection & Docs: Inlets, Manholes, Outlets, Drywells, Pumps, Etc. 880 Annual Maintenance & Cleaning: Inlets, Manholes, Outlets, Drywells, Pumps, Etc. 1,500 Annual Inspection & Maintenance: Storm Drain Pipes 2,200 Annual Pump Operation (Including Electricity) 2,000
Annual Maintenance Expenses: Storm Drains $15,024
Total Annual Direct Costs: Storm Drain Improvements $15,024

ADMINISTRATION EXPENSES
City Annual Administration & Overhead $4,100
Professional Fees & Services 2,500
County Administration Fee 120
Miscellaneous Administration Expenses 335
Total Annual Administration Costs $7,055

LEVY BREAKDOWN
Total Direct & Administration Costs $22,079
Reserve Collection/ (Transfers) 55
City Loan — Repayment/(Advance) 0
Total Levy Adjustments 55
BALANCE TO LEVY $22,134

DISTRICT STATISTICS
Total Parcels 175
Parcels Levied 175
Total EBU 84.05
Levy per EBU $263.34
Maximum Levy per EBU $815.95

FUND BALANCE INFORMATION
Beginning Reserve Fund Balance $81,028
Reseve Fund Activity 55
Ending Reserve Fund Balance $81,083
Heartlands Storm Drain District No 06-01

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 13 of 19

PART IV - DISTRICT DIAGRAMS
The parcels within the Riverbank Storm Drain District No. 2006-01 (Heartlands) consist of all lots, parcels and subdivisions of land located in the planned residential development known as Heartlands. The District covers approximately ninety and one-half acres (90.54 acres).

The following District Diagram is based on the Stanislaus County Assessor’s Maps and the Stanislaus County Assessor’s Secured Roll and identifies all the parcels of land within the District. The combination of this map and the Assessment Roll contained in this report constitute the District Assessment Diagram.

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 14 of 19

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 15 of 19 PART V – 2022/2023 ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District shall be the parcel as shown on the Stanislaus County Secured Roll for the year in which the Engineer’s Report is prepared and reflective of the Assessor’s Parcel Maps. A listing of the lots and parcels to be assessed within this District along with the assessment amounts is provided on the following pages.

Non-assessable lots or parcels may include but are not limited to public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas, right-of-ways, common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed or has little or no value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment.

If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report and approved by the City Council. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 16 of 19 APN EBU Charge
075-093-024-000 0.36 $94.80
075-093-025-000 2.11 555.64
075-093-030-000 10.96 2,886.20
075-093-031-000 10.00 2,633.40
075-093-034-000 1.81 476.64
075-093-035-000 0.90 237.00
075-093-036-000 1.08 284.40
075-093-037-000 0.73 192.22
075-093-038-000 1.35 355.50
075-093-039-000 1.14 300.20
075-093-040-000 0.95 250.16
075-093-041-000 6.57 1,730.14
075-093-043-000 1.45 381.84
075-093-047-000 0.84 221.20
075-093-049-000 1.28 337.06
075-093-051-000 6.21 1,635.34
075-093-052-000 4.68 1,232.42
075-093-053-000 1.63 429.24
075-093-054-000 1.43 376.56
075-093-058-000 1.43 376.56
075-093-061-000 2.00 526.68
075-093-062-000 1.21 318.64
075-093-063-000 1.13 297.56
075-096-001-000 0.15 39.50
075-096-002-000 0.15 39.50
075-096-003-000 0.15 39.50
075-096-004-000 0.15 39.50
075-096-005-000 0.15 39.50
075-096-006-000 0.15 39.50
075-096-007-000 0.15 39.50
075-096-008-000 0.15 39.50
075-096-009-000 0.15 39.50
075-096-010-000 0.15 39.50
075-096-011-000 0.15 39.50
075-096-012-000 0.15 39.50
075-096-013-000 0.15 39.50
075-096-014-000 0.15 39.50
075-096-015-000 0.15 39.50
075-096-016-000 0.15 39.50
075-096-017-000 0.15 39.50
075-096-018-000 0.15 39.50
075-096-019-000 0.15 39.50
075-096-020-000 0.15 39.50
075-096-021-000 0.15 39.50
075-096-022-000 0.15 39.50
075-096-023-000 0.15 39.50
075-096-024-000 0.15 39.50
075-096-025-000 0.15 39.50
075-096-026-000 0.15 39.50
075-096-027-000 0.15 39.50
075-096-028-000 0.15 39.50
075-096-029-000 0.15 39.50

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 17 of 19 APN EBU Charge
075-096-030-000 0.15 39.50
075-096-031-000 0.15 39.50
075-096-032-000 0.15 39.50
075-096-033-000 0.15 39.50
075-096-034-000 0.15 39.50
075-096-035-000 0.15 39.50
075-096-036-000 0.15 39.50
075-096-037-000 0.15 39.50
075-096-038-000 0.15 39.50
075-096-039-000 0.15 39.50
075-096-040-000 0.15 39.50
075-096-041-000 0.15 39.50
075-096-042-000 0.15 39.50
075-096-043-000 0.15 39.50
075-096-044-000 0.15 39.50
075-096-045-000 0.15 39.50
075-096-046-000 0.15 39.50
075-096-047-000 0.15 39.50
075-096-048-000 0.15 39.50
075-096-049-000 0.15 39.50
075-096-050-000 0.15 39.50
075-096-051-000 0.15 39.50
075-096-052-000 0.15 39.50
075-096-053-000 0.15 39.50
075-096-054-000 0.15 39.50
075-097-001-000 0.15 39.50
075-097-002-000 0.15 39.50
075-097-003-000 0.15 39.50
075-097-004-000 0.15 39.50
075-097-005-000 0.15 39.50
075-097-006-000 0.15 39.50
075-097-007-000 0.15 39.50
075-097-008-000 0.15 39.50
075-097-009-000 0.15 39.50
075-097-010-000 0.15 39.50
075-097-011-000 0.15 39.50
075-097-012-000 0.15 39.50
075-097-013-000 0.15 39.50
075-097-014-000 0.15 39.50
075-097-015-000 0.15 39.50
075-097-016-000 0.15 39.50
075-097-017-000 0.15 39.50
075-097-018-000 0.15 39.50
075-097-019-000 0.15 39.50
075-097-020-000 0.15 39.50
075-097-021-000 0.15 39.50
075-097-022-000 0.15 39.50
075-097-023-000 0.15 39.50
075-097-024-000 0.15 39.50
075-097-025-000 0.15 39.50
075-097-026-000 0.15 39.50
075-097-027-000 0.15 39.50
075-097-028-000 0.15 39.50
075-097-029-000 0.15 39.50
075-097-030-000 0.15 39.50

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 18 of 19 APN EBU Charge
075-097-031-000 0.15 39.50
075-097-032-000 0.15 39.50
075-097-033-000 0.15 39.50
075-097-034-000 0.15 39.50
075-097-035-000 0.15 39.50
075-097-036-000 0.15 39.50
075-097-037-000 0.15 39.50
075-097-038-000 0.15 39.50
075-097-039-000 0.15 39.50
075-097-040-000 0.15 39.50
075-097-041-000 0.15 39.50
075-097-042-000 0.15 39.50
075-098-001-000 0.15 39.50
075-098-002-000 0.15 39.50
075-098-003-000 0.15 39.50
075-098-004-000 0.15 39.50
075-098-005-000 0.15 39.50
075-098-006-000 0.15 39.50
075-098-007-000 0.15 39.50
075-098-008-000 0.15 39.50
075-098-009-000 0.15 39.50
075-098-010-000 0.15 39.50
075-098-011-000 0.15 39.50
075-098-012-000 0.15 39.50
075-098-013-000 0.15 39.50
075-098-014-000 0.15 39.50
075-098-015-000 0.15 39.50
075-098-016-000 0.15 39.50
075-098-017-000 0.15 39.50
075-098-018-000 0.15 39.50
075-098-019-000 0.15 39.50
075-098-020-000 0.15 39.50
075-098-021-000 0.15 39.50
075-098-022-000 0.15 39.50
075-098-023-000 0.15 39.50
075-098-024-000 0.15 39.50
075-098-025-000 0.15 39.50
075-098-026-000 0.15 39.50
075-098-027-000 0.15 39.50
075-098-028-000 0.15 39.50
075-098-029-000 0.15 39.50
075-098-030-000 0.15 39.50
075-098-031-000 0.15 39.50
075-098-032-000 0.15 39.50
075-098-033-000 0.15 39.50
075-098-034-000 0.15 39.50
075-098-035-000 0.15 39.50
075-098-036-000 0.15 39.50
075-098-037-000 0.15 39.50
075-098-038-000 0.15 39.50
075-098-039-000 0.15 39.50
075-098-040-000 0.15 39.50

City of Riverbank
2022/2023 Riverbank Storm Drain District No. 2006-01 Heartlands Page 19 of 19 APN EBU Charge
075-098-041-000 0.15 39.50
075-098-042-000 0.15 39.50
075-098-043-000 0.15 39.50
075-098-044-000 0.15 39.50
075-098-045-000 0.15 39.50
075-098-046-000 0.15 39.50
075-098-047-000 0.15 39.50
075-098-048-000 0.15 39.50
075-098-049-000 0.15 39.50
075-098-050-000 0.15 39.50
075-098-051-000 0.15 39.50
075-098-052-000 0.15 39.50
075-098-053-000 0.15 39.50
075-098-054-000 0.15 39.50
075-098-055-000 0.15 39.50
075-098-056-000 0.15 39.50
Total 84.05 $22,133.40
*Total may differ from budget due to rounding.

Page 1 of 2 ends

Item 10.8 – CC/LRA – 06/28/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.8
SECTION 10: PUBLIC HEARING
Meeting Date: June 28, 2022
Subject/ Title: Sterling Ridge Storm Drain Maintenance District:

A Resolution of the City Council of the City of Riverbank, County of Stanislaus, State of California, Ordering the Levy and Collection of Assessments Within the Sterling Ridge Benefit Assessment District for Fiscal Year 2022/2023
From: Marisela H. Garcia, City Manager
Submitted by: Kathleen Cleek, Development Services Admin. Manager

RECOMMENDATION
It is recommended that the City Council adopt Resolutions amending and/or approving the Engineer’s Report and ordering the levy and collection of annual assessments for the Riverbank Storm Drain District No. 05-01 (Sterling Ridge) for Fiscal Year 2022/2023.

SUMMARY
Pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California commencing with Section 54703, a special benefit assessment district was formed and designated as the Riverbank Storm Drain District No. 05-01 (Sterling Ridge). The assessments from this District provide for the maintenance and operation of storm drain facilities and improvements.

The special benefit District includes Sterling Ridge, Elmwood Estates Unit 1, and Elmwood Estates Unit 2.

The attached resolution represents the second of two steps in the annual levy of assessments on the district for fiscal year 2022/2023.

The annual levy per EDU will increase by 6% from $65.22 to $69.13 to cover maintenance costs.

It is recommended that the City Council adopt Resolution ordering the levy and collection of assessments within the Riverbank Storm Drain District No. 05-01 (Sterling Ridge) for Fiscal Year 2022/2023.

Page 2 of 2 ends

Item 10.8 – CC/LRA – 06/28/2022

FISCAL IMPACT
The annual assessments for parcels in the Riverbank Storm Drain District No. 05-01 (Sterling Ridge) for Fiscal Year 2022/2023 is as follows:

PRIOR
FY 21/22 FY 22/23 Change in Assessment
Annual Parcel Assessments $65.22 $69.13 $3.91
Costs for the district are paid through assessments upon property owners within the District; hence, there is no fiscal impact to the City.

ATTACHMENTS

1. Draft City Council Resolution 2022- , Ordering the Levy and Collection of Assessments

2. Engineer’s Annual Report Riverbank Storm Drain District No. 05-01 (Sterling Ridge) Engineer’s Report for Fiscal Year 2022/2023

Page 1 of 3 ends

CC/LRA – 06/28/22
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA

ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE RIVERBANK STORM DRAIN DISTRICT NO. 05-01 (STERLING RIDGE BENEFIT ASSESSMENT DISTRICT) FOR FISCAL YEAR 2022/2023

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, the City Council has by previous Resolutions initiated proceedings and declared its intention to levy assessments for the Sterling Ridge Benefit Assessment District (hereafter referred to as the “District”) for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of Part 1 of Division 2, Article 4 of the Government Code of California, beginning with Section 54703 (hereafter referred to as the "Act") to pay the costs and expenses of operating, maintaining, and servicing improvements and facilities located within public places within the boundaries of the District; and WHEREAS, the Engineer selected by the Council has prepared and filed with the City Clerk, and the City Clerk has presented to the Council, the Engineer’s Annual Levy Report (hereafter referred to as the “Report”) for the District that describes the District and the proposed levy and collection of assessments upon eligible parcels of land within the District, and the Council did by previous Resolution approve such Report; and WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 to pay the costs and expenses of operating, maintaining, and servicing improvements and facilities located within the boundaries of the District; and WHEREAS, this City and its legal counsel have reviewed the provisions of Section XIIID of the California State Constitution and found that the proposed assessments comply with these provisions.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY

THE CITY COUNCIL OF THE CITY OF RIVERBANK FOR THE STERLING RIDGE BENEFIT ASSESSMENT DISTRICT AS FOLLOWS:

Page 2 of 3 ends

CC/LRA – 06/28/22
CC Resolution 2022-
statements, protests, and communications made or filed by interested persons regarding these matters.

Section 2 Based upon its review (and amendments, as applicable) of the Report, the City Council hereby finds and determines that:
i) the land within the District will receive special benefit by the operation, maintenance, and servicing of improvements and facilities located in public places within the boundaries of the District; and,
ii) the District includes all of the lands so benefited; and, iii) the net amount to be assessed upon the lands within the District in accordance with the fee for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated benefits to be received by each parcel from the improvements and services.

Section 3 The Report and assessments as presented to the City Council and on file in the Office of the City Clerk are hereby confirmed as filed.

Section 6 The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the “Sterling Ridge Benefit Assessment District”, and such money shall be expended only for the maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities as described in Section 7.

Page 3 of 3 ends

CC/LRA – 06/28/22
CC Resolution 2022-
Section 7 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________ ________________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: Engineer’s Report – Storm Drain District No. 05-01 (Sterling Ridge Benefit Assessment District) L&L for FY 2022-23
City of Riverbank
Riverbank Benefit Assessment
District No. 05-01
(Sterling Ridge)
2022/2023 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: June 14, 2022
Public Hearing: June 28, 2022
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
ATTACHMENT 2

TABLE OF CONTENTS
INTRODUCTION 1
PART I — PLANS AND SPECIFICATIONS 3
A. DESCRIPTION OF THE DISTRICT 3
B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 3
C. DESCRIPTION OF IMPROVEMENTS AND SERVICES 5
PART II — METHOD OF APPORTIONMENT 6
A. BENEFIT ANALYSIS 6
B. ASSESSMENT METHODOLOGY 6
C. ASSESSMENT RANGE FORMULA 10
PART III — DISTRICT BUDGET 11
PART IV — DISTRICT BOUNDARY MAPS 12
PART V — 2022/2023 ASSESSMENT ROLL 15
City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 1 of 23

Riverbank Storm Drain District No. 05-01
(Sterling Ridge)
(hereafter referred to as “District”), which includes all lots and parcels of land within the residential subdivision known as Sterling Ridge, within the City limits of Riverbank. This Engineer’s Report (hereafter referred to as “Report”) has been prepared in connection with the levy and collection of annual assessments related thereto for Fiscal Year 2022/2023, as set forth pursuant to the 1982 Benefit Act.

This Report describes the District, the improvements, and the assessments to be levied on the County tax rolls to fund the costs and expenses to service and maintain storm drain improvements associated with and resulting from the development of properties within the District and for which the properties receive special benefits. The annual assessments of this District will provide an ongoing funding source (annual assessments) for the continued operation and maintenance of storm drain improvements installed in connection with the development of properties within the District and are made pursuant to the 1982 Benefit Act and the substantive and procedural provisions of the California Constitution.

The improvements and assessments described in this Report are based on the planned development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the improvements. The structure of the District (organization), the improvements, the method of apportionment, and assessments described herein are based on current development plans and specifications for the Sterling Ridge residential development; and by reference these plans and specifications are made part of this Report.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the Stanislaus County Assessor’s Office. The Stanislaus County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties assessed on the tax roll for special district benefit assessments.

The City Council shall conduct a noticed annual public hearing to consider all public comments and written protests regarding the District. Following the annual public hearing and review of the Engineer’s Annual Levy Report, the City Council may order amendments City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 2 of 23 to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments contained therein, the City Council will, by resolution, order the improvements to be made and confirm the levy and collection of assessments, and approve the levy and collection of assessments for Fiscal Year 2022/2023. In such case, the assessments as approved will be submitted to the Stanislaus County Auditor/Controller to be included on the property tax roll for each parcel in Fiscal Year 2022/2023.

This Report consists of five (5) parts:

District Budget: An estimate of the annual costs to maintain and service the storm drain improvements installed and constructed as part of the development of properties within the District. The maximum assessment and assessment range formula established for the District are based on the development plans and annual cost and expenses associated with the improvements at build-out. The assessments to provide the improvements shall be based on the estimated net annual cost of operating and maintaining of the District improvements for that fiscal year. The maximum assessment (Rate per Equivalent Benefit Unit) identified in the budget of this Report establishes the maximum assessment for the District in Fiscal Year 2022/2023.

District Diagram: A Diagram showing the exterior boundaries of the District is provided in this Report and includes all parcels receiving special benefits from the improvements.

Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of all parcels as shown on the Stanislaus County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include all subsequent subdivisions, lot line adjustments or parcel changes therein.

Reference is hereby made to the Stanislaus County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District.

Assessment Roll: A listing of the assessment amount to be presented to the property owners of record. Said assessment amounts represent each parcel’s proportional special City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 3 of 23 benefit from the improvements and services to be provided by the District based on an initial maximum assessment rate per Equivalent Benefit Unit (EBU). The maximum assessment rate has been established based on the planned development of properties within the District and the net annual cost to maintain and service the improvements as outlined in the District budget and method of apportionment described herein.

PART I — PLANS AND SPECIFICATIONS
A. DESCRIPTION OF THE DISTRICT
The territory within the District consists of all lots, parcels and subdivisions of land within the residential subdivision known as the Sterling Ridge, Elmwood Estates Unit 1 and Unit

2.  Sterling Ridge: encompasses an area of land totaling approximately forty-six (46) acres. This residential subdivision includes one hundred eighty-three (183) singlefamily residential homes. The subdivision is generally located east of Roselle Avenue; south of Talbot Avenue; north of Minnear Road; and west of the AT & SF Railroad.  Elmwood Estates Unit 1: This residential tract encompasses an area generally east of Roselle Avenue and south of Pocket Avenue. The tract includes ninety-two (92) residential parcels within the subdivision known as Elmwood Estates Unit 1, identified on Book 75 Page 04 of the Stanislaus County Assessor’s Parcel Maps. The parcels within the development are identified by the Stanislaus County Assessor’s Office as Assessor’s Parcel Numbers 075-049-001-000 through 075-049-092-000.  Elmwood Estates Unit 2: This residential tract encompasses an area located east of Aspen Lane and south of Pocket Avenue and includes eighty-six (86) single-family residential lots. The parcels within this development are identified by the Stanislaus County Assessor’s Office as Assessor’s Parcel Numbers 075-095-001-000 through 075-095-086-000.

B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
 The installation or planting of landscaping.
 The installation or construction of statuary, fountains, and other ornamental structures and facilities.
 The installation or construction of public lighting facilities.  The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 4 of 23 thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
 The maintenance or servicing, or both, of any of the foregoing.  The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
 The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
 The costs of printing, advertising, and the publishing, posting and mailing of notices;  Compensation payable to the County for collection of assessments;  Compensation of any engineer or attorney employed to render services;  Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
 Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.  Costs associated with any elections held for the approval of a new or increased assessment.

Furthermore, the 1972 Act specifies that where the cost of improvements (other than maintenance and operations) is greater than can be conveniently raised from a single annual assessment, an assessment to be levied and collected in annual installments. In that event, the governing body may choose to do any of the following:

City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 5 of 23  Provide for the accumulation of the moneys in an improvement fund until there are sufficient moneys to pay all or part of the cost of the improvements.  Provide for a temporary advance to the improvement fund from any available and unencumbered funds of the local agency to pay all or part of the cost of the improvements and collect those advanced moneys from the annual installments collected through the assessments.
 Borrow an amount necessary to finance the estimated cost of the proposed improvements. The amount borrowed, including amounts for bonds issued to finance the estimated cost of the proposed improvements.

C. DESCRIPTION OF IMPROVEMENTS AND SERVICES
The purpose of this District is to ensure the ongoing maintenance, operation and servicing of storm drain improvements established or installed in connection with development of properties within the District. The improvements may consist of all or portion of the storm drain infrastructure and appurtenant facilities within and associated with the development of properties within the Sterling Ridge residential subdivision. The District improvements generally include but are not limited to inlets, catch basins, storm drain pipes, outlets, pumps, filters, drainage basins and appurtenant facilities. The special benefit assessments to be levied for this District are intended to provide a revenue source for the ongoing maintenance and servicing of these District improvements including, but not limited to, the materials, equipment, labor and administrative expenses. However, the assessments are not intended to fund reconstruction or major renovations of the improvements and facilities.

The improvements to be maintained and funded entirely or partially through the District assessments are generally described as:
 Annual inspection and stencil maintenance of inlets & catch basins;  Cleaning and maintenance of catch basins as needed, including permits and documentation requirements (twenty-two catch basins are within the development);  Periodic cleaning of storm drain pipes, including permits and documentation requirements (approximately 8,630 linear feet of pipe);  Annual landscape maintenance and rodent control of the 2.74-acre drainage basin (portion of the costs);
 Cleaning, debris removal and de-silting of drainage basin and/or biofilter areas as needed;
 Minor repair of the storm drain outlets if damaged or any other damaged facilities caused by flooding (major repairs or reconstruction are excluded);  Regular operational costs to maintain and clean drainage basin pump and filters, including electrical costs (major repairs or replacement are excluded); and,  Annual maintenance and repair of the fencing around the 2.74-acre drainage basin (portion of the costs).

City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 6 of 23 PART II — METHOD OF APPORTIONMENT
A. BENEFIT ANALYSIS
The 1982 Benefit Act permits the establishment of assessment districts by agencies for the purpose of providing for the maintenance, servicing and operation of drainage improvements and appurtenant facilities. The 1982 Benefit Act further requires that the cost of these improvements and activities and the corresponding assessments shall be related to the benefit derived and the annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing such improvements and the service.

The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and have been established pursuant to the 1982 Benefit Act and the provisions of the California Constitution. The formula used for calculating assessments for the District reflects the composition of the parcels and the improvements provided to fairly apportion the costs based on special benefits to each parcel. Furthermore, pursuant to the Constitution Article XIIID, Section 4, a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel and a parcel may only be assessed for special benefits received.

All improvements and services associated with the District have been identified as necessary, required and/or desired for the orderly development of the properties within the District to their full potential and consistent with the proposed development plans and the City’s General Plan. As such, these improvements would be necessary and required of individual property owners for the development of such properties and the ongoing operation, servicing and maintenance of the improvements and facilities would be the financial obligation of those properties. Therefore, the storm drain facilities and infrastructure, and the annual costs of ensuring the maintenance and operation of these improvements provide special benefits to the properties within the District. However, it is also recognized that a portion of the District improvements and services provides some benefits to properties outside the District boundaries or to the public at large and are therefore considered general benefit. Specifically, the drainage basin and related facilities including the drainage basin landscaping, fencing and pumps benefit developments in the area. All District costs have been identified as special benefit and shall be allocated to each property in proportion to the special benefits received.

B. ASSESSMENT METHODOLOGY
The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of parcels within the District based on the parcel’s actual land use or proposed development.

It has been determined that each of the residential parcels within the District receives special benefits from all the improvements to be funded by annual assessments and, based on the planned property development, a single zone of benefit is appropriate for the City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 7 of 23 allocation of the assessments and proportional benefit. At the writing of this Report, the parcels within the District had not been fully subdivided, based on available parcel information from the County Assessor’s Office. Therefore, the parcels within the District may be identified by one of the following land use classifications and is assigned a weighting factor known as an Equivalent Benefit Unit (EBU) that best reflects both the current and proposed use of each parcel. The EBUs calculated for a specific parcel defines that parcel’s proportional special benefits from the proposed District improvements, facilities and services.

Equivalent Benefit Units
To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of all other properties within the District. The EBU method of apportioning assessments uses the single-family home site as the basic unit of assessment. A single-family home site equals one EBU. All other land uses are converted to EBUs based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a singlefamily home site.

The EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1982 Benefit Act, as the benefits to each parcel from the improvements are apportioned as a function of land use type, size, and development. Although the EBU method of apportioning special benefit is commonly used and applied to districts that have a wide range of land use classifications (residential and non-residential use), this District is comprised of only residential properties and the following apportionment analysis of special benefit addresses only residential land uses. Not all land use types described in the following are necessarily applicable to the development of properties within this District, but are presented for comparison purposes to support the proportional special benefit applied to those land use types within the District:

EBU Application by Land Use:

Single-Family Residential — This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.00 EBU per lot or parcel.

This EBU is the base value that all other properties are compared and weighted against.

Multi-Family Residential — This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property. This land use typically includes apartments, duplexes, triplex etc. It does not typically include condominiums, town-homes or mobile home parks. Based on average population densities and size of the structure as compared to a typical single-family residential unit, multi-family residential parcels shall be proportionately assessed for the parcel’s total number of residential units utilizing a sliding benefit scale. Although multi-family properties typically receive similar benefits to that of a single-family residential property, it would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies have consistently shown that the average multi-family unit impacts infrastructure approximately 75% as much as a single-family residence (Sample Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition; Metcalf and Eddy, Wastewater City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 8 of 23 Engineering Treatment, Disposal, Reuse, Third Edition). These various studies indicate that most public improvements and infrastructure are utilized and impacted at reduced levels by multi-family residential units and a similar reduction in proportional benefit is appropriate. Furthermore, it is also reasonable to conclude that as the density (number of units) increases; the proportional benefit per unit tends to decline because the unit size and people per unit usually decreases. Based on these considerations and the improvements provided by this District, it has been determined that an appropriate allocation of special benefit for multi-family residential properties is best represented by the following special benefit assignment: 0.75 EBU per unit for the first 5 units; 0.50 EBU per unit for units 6 through 50; and 0.25 EBU per unit for all remaining units.

Condominium/Town-home Units — Condominiums and town-homes tend to share attributes of both single-family residential and multi-family residential properties and for this reason are identified as a separate land use classification. Like most single-family residential properties, these properties are not usually considered rental property and generally the County assigns each unit a separate APN or assessment number. However, condominiums and town-homes often have similarities to multi-family residential properties - they are generally zoned medium to high density and in some cases may involve multiple units on a single APN. In consideration of these factors it has been determined that an appropriate allocation of special benefit for condominiums, town-homes and similar residential properties is best represented by an assignment of 0.75 EBU per unit regardless of whether each unit is assigned an individual APN or there are multiple units assigned to an APN. There is no adjustment for parcels with more than five units.

Planned-Residential Development — This land use is defined as any property for which a tentative or final tract map has been filed and approved (a specific number of residential lots and units has been identified) and the property is expected to be subdivided within the fiscal year or is part of the overall improvement and development plan for the District. This land use classification oftentimes involves more than a single parcel (e.g. the approved tract map encompasses more than a single APN). Each parcel that is part of the approved tract map shall be assessed proportionately for the proposed or estimated residential type and units to be developed on that parcel as part of the approved tract map. Accordingly, each parcel is assigned an appropriate number of benefit units that reflects the development of that property at build-out. The EBU assigned to each parcel shall represent the combination of single-family, condominium, multi-family units to be developed.

Vacant Residential — This land use is defined as property currently zoned for residential development, but a tentative or final tract map for the property has not yet been approved.

Based upon the opinions of professional appraisers who appraise market property values for real estate in Southern California, the land value portion of a property typically ranges from 20 to 30 percent of the total value of a developed residential property (the average is about 25 percent). Therefore, it has been determined that a reasonable allocation of special benefit for this type of property would parallel the twenty-five percent (25%) apportionment of property value and the number of single-family residential units typically developed per acre (an average of 4 units per acre). Based on these factors this land use shall be assigned

1.0 EBU per acre (4 units per acre x 25%). Parcels less than one acre shall be assigned a minimum of 1.0 EBU (similar to a vacant lot within a residential tract). Recognizing that the City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 9 of 23 full and timely utilization of vacant property is reduced as the size of the property increases, it has been determined that the maximum EBU assigned to a vacant residential parcel shall not exceed 25.0 EBU (parcels in excess of 25 acres are assigned 25.0 EBU).

Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.00 EBU. This land use classification may include but is not limited to:
 Lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County);
 Dedicated public easements including open space areas, utility rights-of-way, greenbelts, parkways, parks or other publicly owned properties that are part of the District improvements or that have little or no improvement value;  Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels, or bifurcated lots or properties with very restrictive development use.

These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment.

Special Cases — In many districts where multiple land use classifications are involved, there is usually one or more properties that the standard land use classifications or usual calculation of benefit will not accurately identify the special benefits received from the improvements. For example, a parcel may be identified as a Vacant Residential property, however only a small percentage of the parcel’s total acreage can actually be developed.

In this case, an appropriate calculation would be based on the net acreage that can be utilized rather than the gross acreage of the parcel. The following table provides a summary of land use types and the Equivalent Benefit Unit factors used to calculate each parcel’s individual EBU as outlined above.

Land Uses and Equivalent Benefit Units
Property Type
Equivalent
Benefit Units Multiplier
Single-family Residential 1.00 Per Unit/Lot/Parcel
Multi-family Residential

0.75 Per Unit for the First 5 Units

0.50 Per Unit for Units 6-50

0.25 Per Unit for all remaining units
Condominium/Town-home 0.75 Per Unit
Planned-Residential Development

1.00 Per Planned SF Residential Lot

0.75 Per Planned Condominium

0.25 Per Unit for all remaining units
Vacant 1.00 Per Acre
Exempt Parcels 0.00 Per Parcel
The following formula is used to calculate each parcel’s EBU (proportional benefit):

City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 10 of 23 Parcel Type EBU x Acres or Units = Parcel EBU
The total number of EBUs is the sum of all individual EBUs applied to parcels that receive special benefit from the improvements. An assessment amount per EBU (Assessment Rate) for the improvements is established by taking the total cost of the improvements and dividing that amount by the total EBUs of all the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the improvements.

Total Balance to Levy / Total EBU = Levy per EBU
Levy per EBU x Parcel EBU = Parcel Levy Amount
C. ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation).

As part of the District formation, balloting of property owners was required pursuant to the California Constitution, Article XIIID, Section 4.

The assessment range formula for this District shall be applied to all future assessments and is generally defined as: if the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment, then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment is equal to the (Initial) Maximum Assessment established for Fiscal Year 2005/2006 adjusted annually by the annual percentage change in the Consumer Price Index (CPI) for the San Francisco-Oakland-Hayward Area for All Urban Consumers. The Maximum Assessment Rate for Fiscal Year 2021/2022 was $204.84 per EBU, the CPI increase for February 2022 is 5.19%. The adjusted Maximum Assessment Rate for Fiscal Year 2022/2023 is $215.48 per EBU.

Beginning in the second fiscal year (Fiscal Year 2006/2007) and each fiscal year thereafter, the Maximum Assessment is recalculated and a new Maximum Assessment established for that fiscal year. The Maximum Assessment shall be adjusted annually and is calculated independent of the District’s annual budget and proposed annual assessment. Any proposed annual assessment (rate per EBU) less than or equal to this Maximum Assessment is not considered an increased assessment, even if the proposed assessment is much greater than the assessment applied in the prior fiscal year.

City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 11 of 23 PART III — DISTRICT BUDGET S
Storm Drain District No. 05-01 (Sterling Ridge) General Benefit
Special
Benefit
Total
Budget

DIRECT COSTS
Annual Maintenance
Inspection & Abatement: Drainage Basins $1,265 $1,335 $2,600 Landscape Maint: Drainage Basins (incl utilities) 2,627 2,773 5,400 Annual Maint: Drainage Basins/Channelway fencing 487 513 1,000 Annual Inspc/Docs:Inlets, Manholes, Outlets, Etc 12 988 1,000 Annual Maint & Cleaning: Inlets, Manholes, Outlets, Etc 26 2,074 2,100 Annual Inspection & Maint: Storm Drain pipes 32 2,468 2,500 Annual pump operation (include electricity) 1,707 1,797 3,504 Annual Maintenance Expenses: Storm Drains $6,156 $11,948 $18,104 Total Annual Direct Costs $6,156 $11,948 $18,104

ADMINISTRATION COSTS
City Administration & Overhead $0 $4,100 $4,100
Professional Fes & Services 0 2,300 2,300
County Administration Fee 0 102 102
Miscellaneous/Other Admin Fees 0 338 338
Total Annual Administration Costs $0 $6,840 $6,840
TOTAL DIRECT AND ADMIN COSTS $6,156 $18,788 $24,944

COLLECTIONS/(CREDITS) APPLIED TO LEVY
Reserve Collection/(Transfer) $0 $13 $13
Capital Improvement Fund Collection/(Transfer) 0 0 0
Other Revenues/General Fund (Contributions) 0 0 0
TOTAL ADJUSTMENTS $0 $13 $13
BALANCE TO LEVY $6,156 $18,801 $24,957

DISTRICT STATISTICS
Total Parcels 361
Parcels Levied 361
Total EBU 361.00
Levy per EBU $69.13
Maximum Levy per EBU $215.48

FUND BALANCE INFORMATION
Beginning Reserve Fund Balance $80,428
Reserve Fund Activity 13
Ending Reserve Fund Balance $80,441
City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 12 of 23 PART IV — DISTRICT BOUNDARY MAPS
The parcels within the Riverbank Storm Drain District No. 05-01 (Sterling Ridge) consist of all lots, parcels and subdivisions of land located in the planned residential development known as Sterling Ridge. The District covers approximately forty-six (46) acres.

The following District Diagram is based on the Stanislaus County Assessor’s Maps and the Stanislaus County Assessor’s Secured Roll (as of July 2004) and identifies all the parcels of land within the proposed District. The combination of this map and the Assessment Roll contained in this Report constitute the District Assessment Diagram.

City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 13 of 23 City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 14 of 23

City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 15 of 23 PART V — 2022/2023 ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District shall be the parcel as shown on the Stanislaus County Secured Roll for the year in which the Engineer’s Report is prepared and reflective of the Assessor’s Parcel Maps. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts is provided herein.

City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 16 of 23 APN EBU Charge
075-049-001-000 1.0 $69.12
075-049-002-000 1.0 69.12
075-049-003-000 1.0 69.12
075-049-004-000 1.0 69.12
075-049-005-000 1.0 69.12
075-049-006-000 1.0 69.12
075-049-007-000 1.0 69.12
075-049-008-000 1.0 69.12
075-049-009-000 1.0 69.12
075-049-010-000 1.0 69.12
075-049-011-000 1.0 69.12
075-049-012-000 1.0 69.12
075-049-013-000 1.0 69.12
075-049-014-000 1.0 69.12
075-049-015-000 1.0 69.12
075-049-016-000 1.0 69.12
075-049-017-000 1.0 69.12
075-049-018-000 1.0 69.12
075-049-019-000 1.0 69.12
075-049-020-000 1.0 69.12
075-049-021-000 1.0 69.12
075-049-022-000 1.0 69.12
075-049-023-000 1.0 69.12
075-049-024-000 1.0 69.12
075-049-025-000 1.0 69.12
075-049-026-000 1.0 69.12
075-049-027-000 1.0 69.12
075-049-028-000 1.0 69.12
075-049-029-000 1.0 69.12
075-049-030-000 1.0 69.12
075-049-031-000 1.0 69.12
075-049-032-000 1.0 69.12
075-049-033-000 1.0 69.12
075-049-034-000 1.0 69.12
075-049-035-000 1.0 69.12
075-049-036-000 1.0 69.12
075-049-037-000 1.0 69.12
075-049-038-000 1.0 69.12
075-049-039-000 1.0 69.12
075-049-040-000 1.0 69.12
075-049-041-000 1.0 69.12
075-049-042-000 1.0 69.12
075-049-043-000 1.0 69.12
075-049-044-000 1.0 69.12
075-049-045-000 1.0 69.12
075-049-046-000 1.0 69.12
075-049-047-000 1.0 69.12
075-049-048-000 1.0 69.12
075-049-049-000 1.0 69.12
075-049-050-000 1.0 69.12
City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 17 of 23 APN EBU Charge
075-049-051-000 1.0 69.12
075-049-052-000 1.0 69.12
075-049-053-000 1.0 69.12
075-049-054-000 1.0 69.12
075-049-055-000 1.0 69.12
075-049-056-000 1.0 69.12
075-049-057-000 1.0 69.12
075-049-058-000 1.0 69.12
075-049-059-000 1.0 69.12
075-049-060-000 1.0 69.12
075-049-061-000 1.0 69.12
075-049-062-000 1.0 69.12
075-049-063-000 1.0 69.12
075-049-064-000 1.0 69.12
075-049-065-000 1.0 69.12
075-049-066-000 1.0 69.12
075-049-067-000 1.0 69.12
075-049-068-000 1.0 69.12
075-049-069-000 1.0 69.12
075-049-070-000 1.0 69.12
075-049-071-000 1.0 69.12
075-049-072-000 1.0 69.12
075-049-073-000 1.0 69.12
075-049-074-000 1.0 69.12
075-049-075-000 1.0 69.12
075-049-076-000 1.0 69.12
075-049-077-000 1.0 69.12
075-049-078-000 1.0 69.12
075-049-079-000 1.0 69.12
075-049-080-000 1.0 69.12
075-049-081-000 1.0 69.12
075-049-082-000 1.0 69.12
075-049-083-000 1.0 69.12
075-049-084-000 1.0 69.12
075-049-085-000 1.0 69.12
075-049-086-000 1.0 69.12
075-049-087-000 1.0 69.12
075-049-088-000 1.0 69.12
075-049-089-000 1.0 69.12
075-049-090-000 1.0 69.12
075-049-091-000 1.0 69.12
075-049-092-000 1.0 69.12
075-088-001-000 1.0 69.12
075-088-002-000 1.0 69.12
075-088-003-000 1.0 69.12
075-088-004-000 1.0 69.12
075-088-005-000 1.0 69.12
075-088-006-000 1.0 69.12
075-088-007-000 1.0 69.12
075-088-008-000 1.0 69.12
City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 18 of 23 APN EBU Charge
075-088-009-000 1.0 69.12
075-088-010-000 1.0 69.12
075-088-011-000 1.0 69.12
075-088-012-000 1.0 69.12
075-088-013-000 1.0 69.12
075-088-014-000 1.0 69.12
075-088-015-000 1.0 69.12
075-088-016-000 1.0 69.12
075-088-017-000 1.0 69.12
075-088-018-000 1.0 69.12
075-088-019-000 1.0 69.12
075-088-020-000 1.0 69.12
075-088-021-000 1.0 69.12
075-088-022-000 1.0 69.12
075-088-023-000 1.0 69.12
075-088-024-000 1.0 69.12
075-088-025-000 1.0 69.12
075-088-026-000 1.0 69.12
075-088-027-000 1.0 69.12
075-088-028-000 1.0 69.12
075-088-029-000 1.0 69.12
075-088-030-000 1.0 69.12
075-088-031-000 1.0 69.12
075-088-032-000 1.0 69.12
075-088-033-000 1.0 69.12
075-088-034-000 1.0 69.12
075-088-035-000 1.0 69.12
075-088-036-000 1.0 69.12
075-088-037-000 1.0 69.12
075-088-038-000 1.0 69.12
075-088-039-000 1.0 69.12
075-088-040-000 1.0 69.12
075-088-041-000 1.0 69.12
075-088-042-000 1.0 69.12
075-088-043-000 1.0 69.12
075-088-044-000 1.0 69.12
075-088-045-000 1.0 69.12
075-088-046-000 1.0 69.12
075-088-047-000 1.0 69.12
075-088-048-000 1.0 69.12
075-088-049-000 1.0 69.12
075-088-050-000 1.0 69.12
075-088-051-000 1.0 69.12
075-088-052-000 1.0 69.12
075-088-053-000 1.0 69.12
075-088-054-000 1.0 69.12
075-088-055-000 1.0 69.12
075-088-056-000 1.0 69.12
075-088-057-000 1.0 69.12
075-088-058-000 1.0 69.12
City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 19 of 23 APN EBU Charge
075-088-059-000 1.0 69.12
075-088-060-000 1.0 69.12
075-088-061-000 1.0 69.12
075-088-062-000 1.0 69.12
075-088-063-000 1.0 69.12
075-089-001-000 1.0 69.12
075-089-002-000 1.0 69.12
075-089-003-000 1.0 69.12
075-089-004-000 1.0 69.12
075-089-005-000 1.0 69.12
075-089-006-000 1.0 69.12
075-089-007-000 1.0 69.12
075-089-008-000 1.0 69.12
075-089-009-000 1.0 69.12
075-089-010-000 1.0 69.12
075-089-011-000 1.0 69.12
075-089-012-000 1.0 69.12
075-089-013-000 1.0 69.12
075-089-014-000 1.0 69.12
075-089-015-000 1.0 69.12
075-089-016-000 1.0 69.12
075-089-017-000 1.0 69.12
075-089-018-000 1.0 69.12
075-089-019-000 1.0 69.12
075-089-020-000 1.0 69.12
075-089-021-000 1.0 69.12
075-089-022-000 1.0 69.12
075-089-023-000 1.0 69.12
075-089-024-000 1.0 69.12
075-089-025-000 1.0 69.12
075-089-026-000 1.0 69.12
075-089-027-000 1.0 69.12
075-089-028-000 1.0 69.12
075-089-029-000 1.0 69.12
075-089-030-000 1.0 69.12
075-089-031-000 1.0 69.12
075-089-032-000 1.0 69.12
075-089-033-000 1.0 69.12
075-089-034-000 1.0 69.12
075-089-035-000 1.0 69.12
075-089-036-000 1.0 69.12
075-089-037-000 1.0 69.12
075-089-038-000 1.0 69.12
075-089-039-000 1.0 69.12
075-089-040-000 1.0 69.12
075-089-041-000 1.0 69.12
075-089-042-000 1.0 69.12
075-089-043-000 1.0 69.12
075-089-044-000 1.0 69.12
075-089-045-000 1.0 69.12
City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 20 of 23 APN EBU Charge
075-089-046-000 1.0 69.12
075-089-047-000 1.0 69.12
075-089-048-000 1.0 69.12
075-089-049-000 1.0 69.12
075-089-050-000 1.0 69.12
075-089-051-000 1.0 69.12
075-089-052-000 1.0 69.12
075-089-053-000 1.0 69.12
075-089-054-000 1.0 69.12
075-089-055-000 1.0 69.12
075-089-056-000 1.0 69.12
075-089-057-000 1.0 69.12
075-089-058-000 1.0 69.12
075-090-001-000 1.0 69.12
075-090-002-000 1.0 69.12
075-090-003-000 1.0 69.12
075-090-004-000 1.0 69.12
075-090-005-000 1.0 69.12
075-090-006-000 1.0 69.12
075-090-007-000 1.0 69.12
075-090-008-000 1.0 69.12
075-090-009-000 1.0 69.12
075-090-010-000 1.0 69.12
075-090-011-000 1.0 69.12
075-090-012-000 1.0 69.12
075-090-013-000 1.0 69.12
075-090-014-000 1.0 69.12
075-090-015-000 1.0 69.12
075-090-016-000 1.0 69.12
075-090-017-000 1.0 69.12
075-090-018-000 1.0 69.12
075-090-019-000 1.0 69.12
075-090-020-000 1.0 69.12
075-090-021-000 1.0 69.12
075-090-022-000 1.0 69.12
075-090-023-000 1.0 69.12
075-090-024-000 1.0 69.12
075-090-025-000 1.0 69.12
075-090-026-000 1.0 69.12
075-090-027-000 1.0 69.12
075-090-028-000 1.0 69.12
075-090-029-000 1.0 69.12
075-090-030-000 1.0 69.12
075-090-031-000 1.0 69.12
075-090-032-000 1.0 69.12
075-090-033-000 1.0 69.12
075-090-034-000 1.0 69.12
075-090-035-000 1.0 69.12
075-090-036-000 1.0 69.12
075-090-037-000 1.0 69.12
City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 21 of 23 APN EBU Charge
075-090-038-000 1.0 69.12
075-090-039-000 1.0 69.12
075-090-040-000 1.0 69.12
075-090-041-000 1.0 69.12
075-090-042-000 1.0 69.12
075-090-043-000 1.0 69.12
075-090-044-000 1.0 69.12
075-090-045-000 1.0 69.12
075-090-046-000 1.0 69.12
075-090-047-000 1.0 69.12
075-090-048-000 1.0 69.12
075-090-049-000 1.0 69.12
075-090-050-000 1.0 69.12
075-090-051-000 1.0 69.12
075-090-052-000 1.0 69.12
075-090-053-000 1.0 69.12
075-090-054-000 1.0 69.12
075-090-055-000 1.0 69.12
075-090-056-000 1.0 69.12
075-090-057-000 1.0 69.12
075-090-058-000 1.0 69.12
075-090-059-000 1.0 69.12
075-090-060-000 1.0 69.12
075-090-061-000 1.0 69.12
075-090-063-000 1.0 69.12
075-095-001-000 1.0 69.12
075-095-002-000 1.0 69.12
075-095-003-000 1.0 69.12
075-095-004-000 1.0 69.12
075-095-005-000 1.0 69.12
075-095-006-000 1.0 69.12
075-095-007-000 1.0 69.12
075-095-008-000 1.0 69.12
075-095-009-000 1.0 69.12
075-095-010-000 1.0 69.12
075-095-011-000 1.0 69.12
075-095-012-000 1.0 69.12
075-095-013-000 1.0 69.12
075-095-014-000 1.0 69.12
075-095-015-000 1.0 69.12
075-095-016-000 1.0 69.12
075-095-017-000 1.0 69.12
075-095-018-000 1.0 69.12
075-095-019-000 1.0 69.12
075-095-020-000 1.0 69.12
075-095-021-000 1.0 69.12
075-095-022-000 1.0 69.12
075-095-023-000 1.0 69.12
075-095-024-000 1.0 69.12
075-095-025-000 1.0 69.12
City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 22 of 23 APN EBU Charge
075-095-026-000 1.0 69.12
075-095-027-000 1.0 69.12
075-095-028-000 1.0 69.12
075-095-029-000 1.0 69.12
075-095-030-000 1.0 69.12
075-095-031-000 1.0 69.12
075-095-032-000 1.0 69.12
075-095-033-000 1.0 69.12
075-095-034-000 1.0 69.12
075-095-035-000 1.0 69.12
075-095-036-000 1.0 69.12
075-095-037-000 1.0 69.12
075-095-038-000 1.0 69.12
075-095-039-000 1.0 69.12
075-095-040-000 1.0 69.12
075-095-041-000 1.0 69.12
075-095-042-000 1.0 69.12
075-095-043-000 1.0 69.12
075-095-044-000 1.0 69.12
075-095-045-000 1.0 69.12
075-095-046-000 1.0 69.12
075-095-047-000 1.0 69.12
075-095-048-000 1.0 69.12
075-095-049-000 1.0 69.12
075-095-050-000 1.0 69.12
075-095-051-000 1.0 69.12
075-095-052-000 1.0 69.12
075-095-053-000 1.0 69.12
075-095-054-000 1.0 69.12
075-095-055-000 1.0 69.12
075-095-056-000 1.0 69.12
075-095-057-000 1.0 69.12
075-095-058-000 1.0 69.12
075-095-059-000 1.0 69.12
075-095-060-000 1.0 69.12
075-095-061-000 1.0 69.12
075-095-062-000 1.0 69.12
075-095-063-000 1.0 69.12
075-095-064-000 1.0 69.12
075-095-065-000 1.0 69.12
075-095-066-000 1.0 69.12
075-095-067-000 1.0 69.12
075-095-068-000 1.0 69.12
075-095-069-000 1.0 69.12
075-095-070-000 1.0 69.12
075-095-071-000 1.0 69.12
075-095-072-000 1.0 69.12
075-095-073-000 1.0 69.12
075-095-074-000 1.0 69.12
075-095-075-000 1.0 69.12
City of Riverbank
2022/2023 Storm Drain District No. 05-1 Sterling Ridge Page 23 of 23 APN EBU Charge
075-095-076-000 1.0 69.12
075-095-077-000 1.0 69.12
075-095-078-000 1.0 69.12
075-095-079-000 1.0 69.12
075-095-080-000 1.0 69.12
075-095-081-000 1.0 69.12
075-095-082-000 1.0 69.12
075-095-083-000 1.0 69.12
075-095-084-000 1.0 69.12
075-095-085-000 1.0 69.12
075-095-086-000 1.0 69.12
Total 361.0 $24,952.32
*Total may differ from budget due to rounding.

Page 1 of 8 ends

Item 10.9 – CC/LRA – 06/28/2022

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.9
SECTION 10: PUBLIC HEARINGS
Meeting Date: June 28, 2022
Subject: Fiscal Year 2022-2023 Annual Operating Budget
From: Marisela H. Garcia, City Manager

RECOMMENDATION
It is recommended that the City Council consider adopting a Resolution approving the Fiscal Year 2022-2023 Annual Operating Budget.

SUMMARY
The City began its annual budgeting process in January 2022. Since that time the City’s departments have been diligently working to prepare a budget that will allow the City to maintain and/or enhance its current level of service. State statute requires the adoption of a budget prior to June 30th to begin expending funds in the new fiscal year beginning July 1, 2022.

BACKGROUND
With the assistance of the City’s departments, the Fiscal Year 2022-23 Annual Operating Budget was developed. Projections for revenue sources were prepared with a combination of information received from the State of California Dept. of Finance, consultants, and historical information on trends and experiences within the City.

Department Heads and Managers were tasked with preparing base budget projections for on-going revenues and expenditures.

GENERAL FUND RESERVE PROJECTIONS
The General Fund is considered a discretionary fund wherein the City Council has the ability to appropriate funding towards any desired expenditure they feel will assist in continuing the City’s operations and providing core municipal services to our residents.

Revenues received from sources such as Sales Tax, Property Tax, and Property Tax in Lieu of VLF are not restricted by the State of California or by law to be dedicated towards a specific purpose, therefore they are considered General Fund Revenues which may be appropriated by the City Council.

Page 2 of 8 ends

Item 10.9 – CC/LRA – 06/28/2022
The General Fund Reserve is of importance as it serves as the City’s Emergency Fund for unforeseen expenditures. City Council has established a reserve balance which must range between 13%-15% of current year revenues.

The General Fund is anticipated to end the current 2021-22 Fiscal Year with a 40% Reserve. Projections for the 2022-23 Fiscal Year are as follows:

Beginning Reserve 07/1/2022 $4,792,600
Projected Revenues $12,948,400
Projected Expenditures $13,403,800
Anticipated Ending Reserve 06/30/2023 $4,337,200
Reserve Level 33%
One-Time Appropriations Requested $220,300
On-Going Structural Operating Deficit ($235,100)

GENERAL FUND REVENUE PROJECTIONS
Overall, General Fund Revenues, when compared to FY 2021-22 budgeted revenues will experience an increase of 10%.

FY 2021-22 Budget FY 2022-23 Budget Difference % Change $11,761,300 $12,948,400 +$1,187,100 +10%
Property Tax
Revenue sources such as Property Tax, will continue to see increases as the market continues in an upswing, particularly as new properties are added to the cities tax roll.

The Property Tax Department of the State Board of Equalization has notified the County Assessor’s office that they may prepare their 2022 assessment roll with an inflationary factor of 2%. The FY 22-23 revenues are based on Assessed Values that are set by the County Assessor as of January 1, 2022 along with an increase for new home constructions.

Several new housing developments are currently underway which will cause an increase in Assessed Valuations and result in increased revenues to the City. Currently underway is the Countryside I development and FCB Homes (Parkwoods Unit I) in the offsite improvement phase.

Going hand in hand with new development are fees associated with construction. New housing construction and the continued issuance of solar permits have resulted in growing Building Permit Revenue over the past several years. Staff anticipates an increase of approximately 35% in this revenue stream.

Sales Tax
This revenue source has consistently grown over the past three fiscal years. For the upcoming fiscal year, the City will experience a 15% growth in revenues. It has been the Finance Department’s past practice to be extremely conservative in its projections for

Page 3 of 8 ends

Item 10.9 – CC/LRA – 06/28/2022
Sales Tax. Typically the City receives projections from our consultants, MuniServices/Avenu, which includes Pessimistic, Optimistic, and Overly Optimistic projections. We have typically leaned towards budgeting for the Pessimistic projection as to not over-encumber for resources we may not receive. Sales Tax is a volatile revenue source where impacts (both positive and negative) are typically felt immediately.

Due to the experience over the past several fiscal years, the City is optimistic in its revenue projects thereby reflecting an increase of $600,000.

GENERAL FUND EXPENDITURE PROJECTIONS
Overall, for the upcoming fiscal year, expenditures are anticipated to increase by 12.5%.

This increase includes a one-time allocation of General Fund Reserves for the replastering of the City’s pool.

FY 2021-22 Budget FY 2022-23 Budget Difference % Change $11,914,700 $13,403,800 $1,489,100 +12.5%
Salary & Benefit Projections
The City has reached a Tentative Agreement with the LIUNA Miscellaneous Bargaining Unit for a new labor contract that will begin July 1, 2023 and expire on June 30, 2025.

Based on the agreed-upon terms, the employees within this unit will be receiving a 7% Cost of Living Adjustment (COLA).

PERS Unfunded Accrued Liability Costs continue to increase for the City. In the upcoming fiscal year, we will experience a 15% increase in costs, resulting in the City contributing approximately $638,000 this fiscal year, with 1/3 of that being paid directly by the General Fund.

Health Insurance costs are anticipated to increase in the upcoming by approximately 10% based on past trends. Currently, employees contribute 15% towards their monthly premium.

Personnel
In anticipation of the continued growth throughout the city, we are recommending funding for the following new positions:

1. Building Inspector

2. Transition Part-Time Development Services Clerk to Full-Time Community Development Clerk.

3. Sr. Parks Maintenance Worker
Police Services
Cost increases for the Law Enforcement Contract with the Stanislaus County Sheriff’s department include:

Page 4 of 8 ends

Item 10.9 – CC/LRA – 06/28/2022
• Addition of a School Resource Officer Position to be partially funded by Riverbank Unified School District. Contract for approval will be presented to Council at a later date.
• Salary & Benefits: 3.2% Increase
• Vehicle & Replacement Costs: 29.5% Increase
• SR 911 Dispatch: 5.5% decrease
Capital Expenditures
As the General Fund reserves continue to be at a healthy level, staff is proposing one time funding for the following projects:

Project Amount
Pool Replastering $171,000
Budgeting Software for the Finance Department $26,000
Community Center Park Gazebo Fascia Replacement $5,500
Museum Carpet Replacement $10,800
Track Loader for Storm Basin Maintenance $7,000

GAS TAX
The state of California imposes per-gallon excise taxes on gasoline and diesel fuel, sales taxes on gasoline and diesel fuel and registration taxes on motor vehicles with allocations dedicated to transportation purposes. The local (city and county) portions of these allocations flow through the Highway Users Tax Account (HUTA), the familiar gasoline tax revenues that have been in place for decades, and the Road Maintenance and Rehabilitation Account (RMRA) which allocates much of the revenue from the Road Repair and Accountability Act of 2017 (SB1 Beall).

For the Fiscal Year 2022-23 the Gas Tax Fund is anticipated to end with a reserve of 19%, which is available for SB 1 projects only. A discussion of the on-going operating structural deficit is provided below.

Beginning Reserve 07/1/2022 $317,663
Projected Revenues $1,677,728
Projected Expenditures $1,677,558
Anticipated Ending Reserve 06/30/2023 $317,833 (19%)
For the current fiscal year, the City will see an approximate increase of 6% in Gas Tax Revenues. These revenues fund streets and roads maintenance and operations and major projects (SB1).

FY 2021-22
Budget
FY 2022-23
Budget
Difference % Change
Revenues $1,585,400 $1,677,728 $92,328 +6%
Expenditures $2,996,350 $1,677,558 $-1,318,792 -44%
Streets & Roads Projects

Page 5 of 8 ends

Item 10.9 – CC/LRA – 06/28/2022
Each year the Development Services Administration Division presents the proposed projects that will be funded from SB1 Revenues. For the upcoming fiscal year, the following projects are proposed:
• Topeka Street Overlay – Callander to Jackson: $157,180 • Valley Gutter/ADA Improvements – Stanislaus @ 7th $96,820 • Second Street Overlay – Atchison to Sierra: $320,000
Gas Tax Maintenance Budget Deficit
Over the past two years, the Gas Tax Fund has been experiencing deficit spending in the Maintenance budget. This has been a result of decreased Gas Tax revenues being received as significant increases in supplies and materials have been on-going. For the current fiscal year, staff is anticipating a shortfall of approximately $79,800, to be funded via the General Fund.

Personnel Requests
As is the case city-wide, the growth currently experienced by the City is requiring departments to evaluate their staffing needs. For the City’s Street Maintenance operations, staff is requesting the addition of a Street/Sewer Maintenance employee. A portion of this new employee’s costs will be offset by the citywide Community Facilities District (CFD).

SEWER OPERATING FUND
The Sewer Fund receives 97% of its revenue from user fees charged to customers (residential, commercial, and industrial). Overall, the City will see an increase of 3% in revenues as the commercial and industrial rate users are billed for consumption as per the five-year rates adopted.

Beginning Reserve 07/1/2022 $8,217,600
Projected Revenues $4,997,661
Projected Expenditures $4,664,522
Anticipated Ending Reserve 06/30/2023 $8,550,799 (171%) Structural Surplus $333,139
Expenditures will see an overall increase of 6.9%. The City has funded all of the Rate Study projects in the prior fiscal years and has reached a point where funds are being allocated towards capital reserves and capital equipment.

FY 2021-22
Budget
FY 2022-23
Budget
Difference % Change
Revenues $4,834,600 $4,997,661 +$163,061 +3%
Expenditures $4,361,150 $4,664,522 +$303,372 +6.9%

Page 6 of 8 ends

Item 10.9 – CC/LRA – 06/28/2022
Capital Projects
The Sewer Fund will undergo a series of capital projects that will address delayed maintenance throughout the sewer system. This includes lift station upgrades as well as equipment upgrades. Included in the capital projects are:
• Lift Station Upgrades: Roselle & Candlewood
• Vac/Jet Combo Truck
Personnel Requests
As is the case city-wide, the growth currently experienced by the City is requiring departments to evaluate their staffing needs. For the City’s Sewer Collection and Waste Water Treatment Plan Operations, we are requesting the following positions:

1. Maintenance Worker I: Sewer

2. Waste Water Treatment Plant Operator in Training.

WATER OPERATING FUND
In March 2020 the City completed its Water Meter Upgrade project and began to bill customers based on consumption. This has allowed for the collection of fees in order to begin addressing the Water Rate Capital Improvement Projects that were adopted as part of the five-year rate increase. For the upcoming fiscal year, the city will experience a 3% increase in revenues as a result of consumption billing.

Beginning Reserve 07/1/2022 $3,653,327
Projected Revenues $3,245,549
Projected Expenditures $4,407,695
Anticipated Ending Reserve 06/30/2023 $2,491,181 (77%)
Structural Deficit $1,162,146
Overall, expenditures are anticipated to increase by 31% with notable changes in Equipment/Projects to address the Rate Study projects and Transfers Out of Management Fees for the addition of new staff in Public Works. Transfers Out are typically related to the reimbursement to other funds for Administrative charges for employees.

FY 2021-22
Budget
FY 2022-23
Budget
Difference % Change
Revenues $3,160,800 $3,245,549 +$84,749 +3%
Expenditures $3,355,550 $4,407,695 +$1,052,145 +31%
Capital Projects
As the City is now billing for the consumption rate we are able to begin programming the budget for the Rate Study Capital Improvements. For the upcoming fiscal year the Water Fund budget will include funds for:

Page 7 of 8 ends

Item 10.9 – CC/LRA – 06/28/2022
• Water Line Replacement on Santa Fe from 8th to 4th Street • Water Line Replacement on Sierra Alley from 3rd to 8th Street • Water Line Replacement on Topeka Alley from 1st to Cannery Site Personnel Requests
As is the case city-wide, the growth currently experienced by the City is requiring departments to evaluate their staffing needs. For the City’s Sewer Collection and Waste Water Treatment Plan Operations, we are requesting the following positions:

1. Water Maintenance Worker I – Two positions

PUBLIC BENEFIT FUND
In June 2018, the City Council authorized the creation of the Public Benefit Fund. The intent of the fund was to ensure that all cannabis-related revenues were segregated and easily accounted for in a specific fund. In addition to establishing the fund, the City Council developed an expenditure policy which was focused on allocating the funds received for public safety (including police and code enforcement) and other projects that would provide a public benefit.

Currently, Perfect Union (previously Riverbank Cannabis Collective) is closed and may be in the process of selling. Until such time that occurs, we have taken a conservative approach and have not budgeted any revenues from their site. In addition, Canna+Rise has requested to revisit their Development Agreement and the public benefit fee being assessed to them due to the rising excise taxes they are required to pay to the State of California and a significant drop in the value of cannabis.

Est. Beginning Reserve 07/1/2022 $1,507,418
Projected Revenues $477,000
Projected Expenditures $478,900
Anticipated Ending Reserve 06/30/2023 $1,505,518 (316%) Structural Deficit $1,900
Overview
FY 2021-22
Budget
FY 2022-23
Budget
Difference % Change
Revenues $360,200 $477,000 +$116,800 +32%
Expenditures $529,900 $502,900 -$27,000 -5%
The upcoming fiscal year includes only those on-going expenses of the fund, including offsets for the Sheriff’s Law Enforcement Contract, Neighborhood Improvement, and annual lease payments for the City’s Camera System.

Page 8 of 8 ends

Item 10.9 – CC/LRA – 06/28/2022

CITY-WIDE OPERATING BUDGET
The proposed adoption of the Annual Operating Budget also includes the appropriation of funds to a variety of Special Revenue, System Development Fee, Housing, Sewer, and Water Enterprise Funds. These funds are legally restricted to be spent in a specific manner and are therefore eligible to be classified as a separate fund from the General Fund. As a result, the adoption of these budgets is also necessary in order to continue operations and provide funding for projects. The following table reflects a breakdown of appropriations by fund type:

Fund Type Beginning
Reserve
Revenues Expenditures Ending Reserve
General Fund $4,792,600 $12,948,340 $13,403,754 $4,337,186 Special Revenue $8,397,081 $8,803,644 $8,049,626 $9,151,099 Sys. Dev. Fees $6,837,660 $3,985,720 $1,402,301 $9,421,079 Housing $4,126,600 $84,165 $1,700,100 $2,510,665
Sewer Enterprise $9,032,500 $6,013,286 $6,091,805 $8,970,981 Water Enterprise $8,426,533 $4,192,699 $4,487,695 $8,131,537 Total Annual
Budget
$41,612,974 $36,027,854 $35,135,281 $42,522,547

STRATEGIC PLAN
On August 10, 2021, the City Council established a Strategic Plan Goal to “Ensure the City’s Continued Financial Stability”. This report addresses this matter.

FINANCIAL IMPACT
The adoption of the FY 2022-23 Annual Operating Budget will result in an appropriation of $35,135,281 in new revenue and reserves towards operations and projects in the City of Riverbank.

ATTACHMENTS

1. Draft City Council Resolution 2022-

2. FY 2022-23 Annual Operating Budget

Page 1 of 2 ends

CC/LRA – 06/28/22
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK ADOPTING THE FISCAL YEAR 2022-2023 ANNUAL OPERATING BUDGET

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, The Riverbank City Council has reviewed the submittals from staff for the Fiscal Year 2022-2023 operational budget; and
WHEREAS, The City is required by State statute to adopt a budget by June 30, 2022 in order to begin expending funds on July 1, 2022; and WHEREAS, Article XIII (B) of the California Constitution provides that the Appropriations limit for the 2022-2023 fiscal year is calculated by adjusting the Appropriations limit for the 2021-2022 fiscal year by the changes in both the California Per Capita Cost of Living and the Population for the City of Riverbank; and WHEREAS, The State of California Department of Finance has established a

7.55% increase in Per Capita Personal Income and a 0.61% decrease in the City of Riverbank’s population; and
WHEREAS, the Appropriations limit for Fiscal Year 2022-23 has been calculated by the Finance Department to be $26,562,780; and
WHEREAS, the City of Riverbank has complied with all the provisions of Article XIII (B) in determining the Appropriations Limit for Fiscal Year 2022-23; and WHEREAS, the annual operating budget is presented for approval by the City Council which reflects the anticipated revenues and expenditures for the 2022-2023 Fiscal Year.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approves the preliminary operating budget as presented and furthermore encourages prudent expenditures by staff in implementing the Fiscal Year 2022-2023 budget.

PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 28th day of June, 2022; motioned by Councilmember , seconded by Councilmember , and upon roll call was carried by the following City Council vote of :

ATTACHMENT 1

Page 2 of 2 ends

CC/LRA – 06/28/22
CC Resolution 2022-
AYES:

NAYS:

ABSENT:

ABSTAIN:

Attest: Approved:
________________________ ________________________
Kathy Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: Fiscal Year 2022-2023 Annual Operating Budget

ESTIMATED SALARIES OPERATIONS ESTIMATED STRUCTURAL FUND FUND

FUND ESTIMATED TRANSFERS TOTAL TRANSFERS AND AND CAPITAL DEBT TOTAL SURPLUS BALANCE BALANCE RESERVE NO. FUND NAME REVENUES IN REVENUES OUT BENEFITS MAINTENANCE OUTLAY SERVICE EXPENDITURES (DEFICIT) 7/1/2022 6/30/2023 % 101 GENERAL FUND 10,482,000 2,466,340 12,948,340 1,017,400 3,949,680 8,184,774 251,900 0 13,403,754 (455,414) 4,792,600 4,337,186 33%

SPECIAL REVENUE FUNDS
102 Gas Tax Fund 1,314,456 363,272 1,677,728 42,633 659,900 401,525 574,000 0 1,678,058 (330) 317,663 317,333 19% 109 Off-Street Parking Fund 150 0 150 0 0 0 0 0 0 150 55,400 55,550 37033% 117 Code Enforcement Fund 50,500 197,700 248,200 0 235,800 12,400 0 0 248,200 0 0 0 0% 118 Community Center Fund 106,500 26,850 133,350 0 16,800 113,550 0 0 130,350 3,000 30,000 33,000 25% 119 Equipment Pool Fund 225,500 114,700 340,200 0 111,000 292,650 30,000 0 433,650 (93,450) 0 (93,450) -27% 125 Special Projects Fund 0 0 0 0 0 0 0 0 0 0 67,000 67,000 0% 126 Vehicle Tow Fund/Grants 5,000 0 5,000 0 0 5,000 0 0 5,000 0 25,200 25,200 504% 132 Weed Abatement Fund 2,075 0 2,075 0 0 5,000 0 0 5,000 (2,925) 50,500 47,575 2293% 134 Recreation & Park Develop. 83,000 566,750 649,750 0 572,600 77,150 0 0 649,750 0 0 0 0% 136 ARPA Fund 2,976,032 0 2,976,032 0 202,500 0 0 0 202,500 2,773,532 2,066,300 4,839,832 163% 137 Worker's Comp Liability 337,894 0 337,894 0 0 335,924 0 0 335,924 1,970 436,200 438,170 130% 138 General Liability 404,315 0 404,315 0 0 404,046 0 0 404,046 269 173,600 173,869 43% 151 Public Works Grant Fund 150 0 150 0 0 0 0 0 0 150 181,300 181,450 120967% 152 ESG Funding 0 0 0 0 0 163,000 0 0 163,000 (163,000) (46,350) (209,350) 0% 156 Assessment District Fund 0 0 0 0 0 0 45,700 0 45,700 (45,700) 273,500 227,800 0% 162 Quimby Fees 56,000 0 56,000 0 0 0 0 0 0 56,000 216,100 272,100 486% 163 Cheese and Wine 35,500 0 35,500 0 0 35,000 0 0 35,000 500 950 1,450 4% 176 P.S. Augmentation Fund 160,000 0 160,000 160,000 0 0 0 0 160,000 0 0 0 0% 180 Facility Improvement Fund 5,000 0 5,000 0 0 0 0 0 0 5,000 12,000 17,000 340% 181 CFD 2016-1 60,000 0 60,000 20,000 0 30,800 16,675 0 67,475 (7,475) 259,100 251,625 419% 196 Teen Center Fund 300 0 300 0 0 0 6,300 0 6,300 (6,000) 6,100 100 33% 229 Measure L 1,235,000 0 1,235,000 0 0 0 3,000,773 0 3,000,773 (1,765,773) 2,765,100 999,327 81% 230 Public Benefit Fund 477,000 0 477,000 388,900 0 90,000 0 478,900 (1,900) 1,507,418 1,505,518 316% GRAND TOTAL 7,534,372 1,269,272 8,803,644 611,533 1,798,600 1,966,045 3,673,448 0 8,049,626 754,018 8,397,081 9,151,099

SYSTEM DEVELOPMENT FUNDS
140 Sys Dev. Fees - Bridges/Roads 50 0 50 0 0 0 0 0 0 50 35,900 35,950 71900% 145 Sys Dev. Fees - Overpasses 350 0 350 0 0 0 0 0 0 350 190,000 190,350 54386% 146 Sys Dev. Fees - RR Crossing 0 315,000 315,000 0 0 0 400 0 400 314,600 185,400 500,000 159% 205 Sys Dev. Fees-Streets/PW 718,000 73,200 791,200 33,099 0 0 1,245,000 0 1,278,099 (486,899) 3,779,000 3,292,101 416%

CITY OF RIVERBANK

FUND SUMMARIES
2022-2023 ANNUAL OPERATING BUDGET
ATTACHMENT 2

ESTIMATED SALARIES OPERATIONS ESTIMATED STRUCTURAL FUND FUND

CITY OF RIVERBANK

FUND SUMMARIES
2022-2023 ANNUAL OPERATING BUDGET
208 Sys Dev. Storm Drainage 1,398,500 0 1,398,500 0 0 0 0 0 0 1,398,500 173,160 1,571,660 112% 209 Sys Dev. Parks & Recreation 848,620 0 848,620 0 0 0 0 0 0 848,620 728,500 1,577,120 186% 210 Sys Dev. Police/General Gov. 310,500 0 310,500 0 0 15,000 0 0 15,000 295,500 564,300 859,800 277% 211 System Admin. Fees 276,000 0 276,000 91,802 0 17,000 0 0 108,802 167,198 221,600 388,798 141% 212 Sys Dev. Imaging Fee 40,500 0 40,500 0 0 0 0 0 0 40,500 52,100 92,600 229% 222 Crossroads Undergrounding 5,000 0 5,000 0 0 0 0 0 0 5,000 907,700 912,700 18254% GRAND TOTAL 3,597,520 388,200 3,985,720 124,901 0 32,000 1,245,400 0 1,402,301 2,583,419 6,837,660 9,421,079

HOUSING FUNDS
139 HCD Old Program Income 40 0 40 0 0 5,100 0 0 5,100 (5,060) 126,700 121,640 304100% 153 HCD CDBG Fund 67,000 0 67,000 0 25,000 830,000 0 0 855,000 (788,000) 864,600 76,600 114% 154 HCD HOME Fund 17,000 0 17,000 0 40,000 665,000 0 0 705,000 (688,000) 736,700 48,700 286% 155 HCD CAL-HOME Fund 100 0 100 0 20,000 115,000 0 0 135,000 (134,900) 395,600 260,700 260700% 168 LMI Housing Asset Fund 25 0 25 0 0 0 0 0 0 25 3,000 3,025 12100% 203 Transitional Housing Fund 0 0 0 0 0 0 0 0 0 0 2,000,000 2,000,000 0% GRAND TOTAL 84,165 0 84,165 0 85,000 1,615,100 0 0 1,700,100 (1,615,935) 4,126,600 2,510,665

SEWER ENTERPRISE FUNDS
106 Sewer Fund 4,916,240 81,421 4,997,661 1,707,797 818,500 1,498,225 640,000 0 4,664,522 333,139 8,217,600 8,550,739 171% 107 Sewer Debt Service 400 539,225 539,625 0 0 17,000 0 459,083 476,083 63,542 323,100 403,642 75% 108 Sewer Capital Imp. Fund 200 48,900 49,100 0 0 0 30,000 0 30,000 19,100 433,700 452,800 922% 158 Sewer Connection Fund 82,000 0 82,000 0 0 0 206,000 0 206,000 (124,000) (68,000) (192,000) -234% 160 Sewer Master Plan Preparation 0 0 0 0 0 0 0 0 0 0 4,000 4,000 0% 207 System Development-WW 344,900 0 344,900 0 0 0 600,000 0 600,000 (255,100) 525,700 270,600 78% 213 Federal & State Grant Fund 0 0 0 0 115,200 0 0 0 115,200 (115,200) (403,600) (518,800) 0% GRAND TOTAL 5,343,740 669,546 6,013,286 1,707,797 933,700 1,515,225 1,476,000 459,083 6,091,805 (78,519) 9,032,500 8,970,981

WATER ENTERPRISE FUNDS
114 Water Fund 3,245,549 0 3,245,549 1,072,020 862,200 1,000,475 1,085,000 388,000 4,407,695 (1,162,146) 3,653,327 2,491,181 77% 116 Water Capital Imp. Fund 400 56,600 57,000 0 0 0 80,000 0 80,000 (23,000) 2,884,991 2,861,991 5021% 157 Water Connection Fund 104,000 0 104,000 0 0 0 0 0 0 104,000 981,215 1,085,215 1043% 161 Water Master Plan Preparation 500 0 500 0 0 0 0 0 0 500 35,353 35,853 7171%

ESTIMATED SALARIES OPERATIONS ESTIMATED STRUCTURAL FUND FUND

CITY OF RIVERBANK

FUND SUMMARIES
2022-2023 ANNUAL OPERATING BUDGET
206 Sys. Development-Water 785,650 0 785,650 0 0 0 0 0 0 785,650 871,647 1,657,297 211% GRAND TOTAL 4,136,099 56,600 4,192,699 1,072,020 862,200 1,000,475 1,165,000 388,000 4,487,695 -294,996 8,426,533 8,131,537 GRAND TOTAL ALL FUNDS 31,177,896 4,849,958 36,027,854 4,533,651 7,629,180 14,313,619 7,811,748 847,083 35,135,281 892,573 41,612,974 42,522,547 118%

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Item 10.10 – CC / LRA 06/28/2022

RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.10
SECTION 10: PUBLIC HEARINGS
Meeting Date: June 28, 2022
Subject: Review and Adoption of Proposed Fiscal Year 2022-23 Local Redevelopment Authority (LRA) Budget
From: Marisela H Garcia, City Manager
Submitted by: Melissa Holdaway, Administrative Analyst II

RECOMMENDATION
It is recommended that the Local Redevelopment Authority (LRA) Board of Directors (Board) review and approve the Proposed Fiscal Year 2022-2023 LRA Budget.

SUMMARY
Attached you will find the Proposed Fiscal Year LRA budget for 2022-2023 for LRA Board consideration and adoption. The budget statement provides a look at the LRA’s fiscal accountability and compliance with restrictions on the use of certain financial resources.

This report includes all funds as a whole to assess the LRA’s financial condition in the coming year. This budget has been created as a result of the execution of the Master Developer Agreement which reduces the LRA’s responsibilities of the Riverbank Industrial Complex specifically in Fund 197.

BACKGROUND
The LRA was formed in April 2006 with Federal approval as the agency responsible for decisions related to conveyance and reuse of the former Riverbank Army Ammunition Plant, now known as the Riverbank Industrial Complex. In April 2010, the LRA moved onto the property to perform protection and maintenance duties on behalf of the Army and to oversee economic development activities in the form of leasing available space to private tenants, as outlined in the community-led and supported Reuse Plan.

Currently, the site holds leases 32 businesses and generates revenues from a variety of services including utilities, propane, public scales, storage and miscellaneous business

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Item 10.10 – CC / LRA 06/28/2022
services. These revenues have shifted to the Master Developer and will no longer be included in any LRA budget category.

The LRA is currently administering a second remediation project on behalf of the Army that began in FY 2015-16 with a grant in excess of $43 million. This project has an additional modification being negotiated that will push completion out to 2023.

Site Revenue Projections
The only revenue expected in the coming fiscal year is from payments due from the Master Developer as negotiated in the Lease Disposition and Development Agreement.

Site Expenditure Projections
Site expenditures are administrative costs and match required by the Office of Local Defense Community Cooperation (OLDCC).

Grant Revenue
The OLDCC grant provides funding for salaries and LRA operations. The grant has been extended through this fiscal year expiring on June 30, 2023 and LRA revenue will be required to fund the match (Fund 197).

Grant Expenditure Projections
OEA grant expenditures consist of administrative and professional expenses and will reimburse expenses at 90% with match coming from leasehold revenue (Fund 197).

ESCA #2 Revenue
Grant revenue from the ESCA #2 is captured in a separate fund (Fund 199). The remaining funds are reimbursables to the contractor for remedial work and final reports.

ESCA #2 Expenditure Projections
ESCA 2 grant expenditures will cover the remaining expenses for our subcontractor contracted for remedial activities and final reports.

Additional Budget Items of Note
The Master Developer Agreement was executed in January 2022, they will assume all revenue/expenditures related to the site (Fund 197).

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Item 10.10 – CC / LRA 06/28/2022

FINANCIAL IMPACT
There have been significant changes to the budget now that the Master Developer Agreement has been executed. LRA Personnel presence will remain on site and funded with annual payments as well as grants until the transfer takes place.

STRATEGIC PLANNING ALIGNMENT
The presentation of the LRA’s FY 2022-23 budget supports the City’s mission and reinforces the City’s core values of transparency and fiscal responsibility.

ATTACHMENT

1. Draft Local Redevelopment Authority Resolution 2022-

2. FY 2022-23 Proposed Budget Worksheet

3. FY 2022-23 Budget Breakdown by Fund

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CC/LRA – 06/28/22
LRA Resolution 2022-

CITY OF RIVERBANK

LOCAL REDEVELOPMENT AUTHORITY
RESOLUTION 2022-

A RESOLUTION OF THE LOCAL REDEVELOPMENT AUTHORITY BOARD

OF THE CITY OF RIVERBANK, CALIFORNIA
APPROVING THE ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2022-23

THE CITY OF RIVERBANK LOCAL REDEVELOPMENT AUTHORITY BOARD (HEREAFTER REFERRED TO AS THE “LRA”) DOES HEREBY RESOLVE THAT:

WHEREAS, the Riverbank Local Redevelopment Authority (“LRA”) acts in accordance with the Defense Base Closure and Realignment Act of 1990; and, WHEREAS, the requirement for a comprehensive budget for all activities of the Authority are prudent and lawful to fulfill the fiduciary responsibility of the Local Redevelopment Authority; and
WHEREAS, the attached FY2022-23 budget has been prepared by the staff and approved by the Executive Director; and,
NOW, THEREFORE, BE IT RESOLVED that the Local Redevelopment Authority Board of the City of Riverbank hereby approves the Proposed budget for Fiscal Year 2022-23.

PASSED AND ADOPTED by the Local Redevelopment Authority Board of the City of Riverbank at a meeting held on the 28th day of June, 2022; motioned by Authority Member ______, seconded by Authority Member ______, and upon roll call was carried by the following vote of ___:

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________ ________________________
Kathy L. Teixeira Richard D. O’Brien
Interim LRA Secretary Chair
ATTACHMENT 1
FY 2022/23 Annual Proposed Budget
FY 2022‐23
Proposed
Revenue
OEA Grants 283,218
ESCA #2 379,820
MDA annual payment 145,000
MDA Initial Consideration 300,000
Total Revenue 1,108,038
Expenditures
Salaries/Benefits 224,431
Administrative Expenses
Travel 0
Equipment 1,500
Office Supplies/Legal Ads 4,920
Phones 2,880
Copier 1,260
Postage 100
Janitorial 1,620
Professional Services
Legal ‐ General Municipal 100,000
Legal ‐ Conveyance 75,000
Weston Contract ESCA #2 379,820
SJES Contract ESCA #2
ESCA Admin
Total Expenditures 791,531
Net Revenues Less Expenditures** 316,507 **net revenue will assist LRA defecit carry over
ATTACHMENT 2
FY 2022‐23 FY 2022‐23 FY 2022‐23
Proposed Proposed Proposed
Revenue 197 Revenue 198 Revenue 199MDA annual payment 145,000 MDA Initial Consideration 300,000 OEA Grants 283,218 ESCA #2 379,820 Total Revenue 445,000 Total Revenue 283,218 Total Revenue 379,820 Expenditures Expenditures Expenditures
Salaries/Benefits 18,325 Salaries/Benefits 206,106 Weston Contract ESCA #2 379,820Administrative Expenses Administrative Expenses SJES Contract ESCA #2 Travel 0 Travel 0 ESCA Admin
Equipment 1,500 Equipment 0
Office Supplies/Legal Ads 492 Office Supplies/Legal Ads 4,428 Phones 288 Phones 2,592
Copier 126 Copier 1,134
Postage 100 Postage 0
Janitorial 162 Janitorial 1,458
Professional Services Professional Services
Legal ‐ General Municipal 100,000 Legal ‐ Conveyance 67,500 Legal ‐ Conveyance 7,500
Total Expenditures 128,493 Total Expenditures 283,218 Total Expenditures 379,820 Net Revenues Less Expenditures** 316,507 Net Revenues Less Expenditures** 0 Net Revenues Less Expenditures** 0 ATTACHMENT 3

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Item 11.1 – CC/LRA 06-28-2022

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.1
SECTION 11 : NEW BUSINESS
Meeting Date: June 28, 2022
Subject: A Resolution of the City Council of the City of Riverbank, California, to Approve a Subdivision Improvement Agreement for Countryside III with McRoy Wilbur Communities and Authorizing the City Manager to Execute the Agreement
From: Marisela H. Garcia, City Manager
Submitted by: Donna M. Kenney, Planning and Building Manager

RECOMMENDATION
It is recommended that the City Council consider the attached resolution approving the Subdivision Improvement Agreement with McRoy Wilbur Communities for Countryside III and directing the City Manager to execute the agreement.

SUMMARY
On August 17, 2021, the Planning Commission approved Resolution No. 2021-014 for the Architecture and Site Plan Review of the Countryside III houses. The architecture and design of the residential communities are consistent with the adjacent subdivisions.

The developer has begun grading and working on the on-site improvements for Countryside III. On September 14, 2021, the City Council adopted Resolution No. 2021- 083, approving Vesting Tentative Map 03-2020 and related conditions of approval which set forth the infrastructure obligations and conditions related to the development and build out of approximately 22 residential lots on 4.56 acres. Finally, on September 28, 2021, the City Council adopted Ordinance No. 2021-005 approving a Rezone to Planned Development for Countryside III.

One of the last steps in the subdivision map process is the approval of a final map which subdivides the parcel into the individual lots planned for homes, streets and utilities, and parkland or other public areas. Commonly, there are two ways to achieve a final map. The first way is for the developer to install all required infrastructure improvements (roads, street lighting, water/sewer lines, etc) in advance of requesting the final map. The second way is to enter into a Subdivision Improvement Agreement (“SIA”) and submit bonds, which provide security for the City that the improvements will

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Item 11.1 – CC/LRA 06-28-2022
be completed as required by the tentative map conditions of approval. In the past, the City has used both methods depending on the individual needs and timelines of each project.

McRoy Wilbur Communities has begun the process of on-site grading and is installing infrastructure improvements. They have requested that Council consider approving their final map (also agendized for this Council meeting). As such, the Riverbank Municipal Code (“RMC”) requires that a Subdivision Improvement Agreement be approved in advance of the approval of a final map.

Exhibit A is a standard Subdivision Improvement Agreement that lays out many of the bonding and insurance requirements set forth in the Riverbank Municipal Code. Specific items in the agreement have been tailored to fit the circumstances of Countryside III.

Approval of this document will allow the developer to request final map consideration by Council.

The estimated cost of the required infrastructure improvements for Countryside III are approximately $953,119.04. This estimate has been reviewed and approved by the City Engineer. RMC §152.076 requires that two specific improvement securities be filed with the City: the first security (bond) shall secure faithful performance of the agreement in an amount equal to 100% of the estimated cost of the improvements and the second security shall secure the obligations set forth in Cal Govt. Code §66499.3(b) of payment of the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvements, and shall be in an amount equal to 50% of the total estimated cost of the improvements. The Municipal Code provides a variety of options for developers to provide these securities, including the provision of bonds to the City Clerk. The City Attorney reviews these documents as to form.

FINANCIAL IMPACT
There is no direct financial impact as a result of the Subdivision Improvement Agreement. However, approval of the SIA will allow the review and approval of the Final Map and facilitate the development of single-family residential units and associated amenities.

ATTACHMENTS

1. Draft City Council Resolution 2022 -
Exhibit A - Subdivision Improvement Agreement between the City of Riverbank and McRoy Wilbur Communities for Countryside III – without attachments

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CC/LRA – 06/28/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK

APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT FOR COUNTRYSIDE

III WITH MCROY WILBUR COMMUNITIES AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, McRoy Wilbur Communities is the property owner of Countryside III, a proposed 22 lot subdivision on approximately 4.56 acres; and WHEREAS, on September 14, 2021, the City Council adopted Resolution No. 2021-083 to approve Tentative Subdivision Map 03-2020 and related conditions of approval, which set forth the infrastructure obligations and conditions of approval related to the development and build out of 22 residential lots on 4.56 acres; and WHEREAS, significant infrastructure improvements are needed in order to serve the area for future growth; and
WHEREAS, McRoy Wilbur Communities will be the builder for Countryside III; and WHEREAS, McRoy Wilbur Communities will be requesting that Council consider approval of a final map for Countryside III at tonight’s City Council meeting; and WHEREAS, the Riverbank Municipal Code requires that if improvements are not complete when the final map is considered for approval, a subdivision improvement agreement be entered into; and
WHEREAS, the Subdivision Improvement Agreement has been developed in cooperation with McRoy Wilbur Communities and City of Riverbank staff.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby declares the following:

1. The City Council approves the Subdivision Improvement Agreement as presented (Exhibit A); and

2. The City Council directs the City Manager to execute the attached Subdivision Improvement Agreement subject to verification and receipt of the securities required within the agreement and any other requirements as set forth by the agreement.

ATTACHMENT 1

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CC/LRA – 06/28/2022
CC Resolution 2022-
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 28th day of June 2022; motioned by Councilmember ______, seconded by Councilmember ______, and upon roll call was carried by the following vote of ___:

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________ ________________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: Exhibit A – Subdivision Improvement Agreement

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & Countryside III

Page 1 ends

SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE COUNTRYSIDE III SUBDIVISION (APN 062-022-020)
This SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into this ___ day of _____, 2022, by and between the City of Riverbank, a California municipal corporation (“City”) and McRoy Wilbur Communities, Inc (“Subdivider”). City and Subdivider may herein be referred to individually as a “Party” and collectively as the “Parties”.

There are no other parties to this Agreement. This Agreement is made with reference to the following:

RECITALS
A. Subdivider is possessed of a tract of land consisting of approximately 4.56 gross acres, lying in the City of Riverbank, County of Stanislaus, California, known as “Countryside III” (the “Subdivision”).

B. On September 14, 2021, the City Council adopted Resolution No. 2021-083, approving Vesting Tentative Subdivision Map 03-2020 and related conditions of approval (the “Tentative Map”), which set forth the infrastructure obligations and conditions related to the development and build out of 22 residential lots and a basin on 4.56 gross acres. Resolution No. 2020-083 and Tentative Map 03-2020 are attached hereto as Exhibit A and incorporated herein by this reference (the “Resolution of Approval”). Final Map 02-2022 is attached in Exhibit B.

C. On September 14, 2021, the City Council adopted Ordinance No. 2021-005, approving a Rezone to Planned Development (“PD”) for Countryside III (APN 062-022-020).

D. On September 14, 2021, the City Council approved a Notice of Exemption pursuant to CEQA Guidelines Section 21159.21 (a-j) Exemption for Qualified Housing Projects in connection with its adoption of Ordinance No. 2021-005.

E. The Vesting Tentative Map is subject to the Subdivision Map Act (Gov. Code § 66410 et seq.) and the City’s ordinances and regulations related to the filing, approval, and recordation of subdivision maps (together, the “Subdivision Laws”) and the requirements and conditions contained in the Resolution of Approval.

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: City Clerk
Exempt from recording fees
(Gov. Code §§ 6103 and 27383)
(Space above this line for Recorder’s use)
ATTACHMENT 2

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & Countryside III

Page 2 ends

F. Complete improvement plans for the construction, installation, and completion of the improvements (“Improvement Plans”) have been prepared by Subdivider and approved by the City of Riverbank City Engineer (“Engineer”) and Community Development Director or their designee (“Director”).

G. Subdivider will present to the City a proposed final map (“Final Map”) for the Subdivision, pursuant to the provisions of the Subdivision Laws for approval and recordation.

H. In order for the City to approve and record a Final Map for the Subdivision, the Subdivider must either complete all of the improvements required by the Subdivision Laws, Resolution of Approval, Improvement Plans and Vesting Tentative Map (“Improvements”), or execute an agreement with the City to complete the Improvements within a specified period of time.

I. In order for the City to approve and record a Final Map for the Subdivision, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider’s sole cost, expense and risk, all of the Improvements required in connection with the Subdivision, including but not limited to grading work, constructing and installing the Improvements, and all labor that is required to complete these tasks to the satisfaction of the City (“Improvement Work”).

J. Subdivider has secured this Agreement by depositing security with the City consisting of a cash deposit, bond, or letter of credit in form acceptable to the City to secure a oneyear warranty of workmanship in accordance with the terms provided herein (the “Securities”).

NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the Parties agree as follows:

AGREEMENT

1. Recitals. The recitals above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement. In the event of any inconsistency between the Recitals and Sections 1 through 23 of this Agreement, Sections 1 through 23 shall prevail.

2. Effective Date and Term. This Agreement shall only become effective on the date that both Subdivider and the City have executed this Agreement (the “Effective Date”), and shall terminate only after the release of all Securities, unless this Agreement is terminated in writing signed by both Parties.

3. Dedication. Except as otherwise provided in this Agreement or in the action of the City Council approving the Final Map, the City hereby rejects all lands, rights-of-way and easements offered for dedication on the Subdivision Map or by separate instrument. Such offers, however, shall remain open and constitute irrevocable offers of dedication in accordance with Government Code section 66477.2. All such offers of dedication may be accepted by the City in its sole discretion at any later date without any further notice to the Subdivider.

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & Countryside III

Page 3 ends

4. Installation of Required Improvements. Subdivider agrees to furnish, construct and install at Subdivider’s own expense the Improvements, as shown on the Improvement Plans, which are to be installed to the sole satisfaction of the Director and will be on file in the Development Services Department. All dry utilities shall be installed underground, including but not limited to, all transformers and utility boxes. The Improvement Plans may only be modified by the Subdivider subject to prior written approval by the Director.

In-lieu of providing a performance bond and payment bond, Subdivider agrees to construct all of the required Improvements prior to the approval and recordation of the final map. As such, the ordinary requirements for providing a performance bond and payment bond has been waived in this Agreement.

5. Subdivider’s Obligations. Subdivider shall perform each of the following, at all times, throughout the term of this Agreement:

A. Complete, at Subdivider’s sole cost and expense in a good and workmanlike manner, all of the Improvements in conformance with the Resolution of Approval (and any amendments thereto), the Subdivision Laws, and all applicable standards under City codes and ordinances and the City’s general plan related to the Improvements (collectively, the “Improvement Standards”).

B. Commence construction of the Improvements within three (3) months from the Effective Date of this Agreement. Subdivider shall notify the Director in writing three days before the commencement of construction of the Improvements.

C. Complete all Improvements within twelve (12) months from the Effective Date of this Agreement, unless otherwise approved or extended in writing by the City Manager for good cause, after written application by Subdivider. Such application shall state fully the grounds and facts showing good cause for such extension to be grated. In granting any extension of time, the City may require a new or amended subdivision improvement agreement to reflect increases in the costs of constructing the Improvements or other conditions related to the extension of time.

D. Furnish and pay for all necessary equipment, labor and materials to complete the Improvements in conformity with the Improvement Standards.

E. Replace or repair all public improvements, private property, public utility facilities, and surveying or subdivision monuments that are destroyed or damaged in the performance of any work related to this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private property damaged or destroyed in the performance of any work related to this Agreement. Any repair or replacement work shall be to the satisfaction, and subject to the approval, of the Director.

F. Provide safe access for inspection by the City to the Improvements.

G. Give good and adequate warning to the public of each and every dangerous condition existing on or near the Improvements, and take reasonable action to protect the public from any such dangerous condition.

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & Countryside III

Page 4 ends

H. Perform all construction work related to installing the Improvements between 6:00 a.m. and 6:30 p.m. on weekdays and between 8:00 a.m. and 5:00 p.m. on weekends and legal holidays, unless otherwise approved in writing by the Director.

I. Require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing any work related to the Improvements. Subdivider shall maintain an office with a telephone and Subdivider or a person authorized to make decisions and act for Subdivider in Subdivider’s absence shall be available at the site of any Improvements within three (3) hours of being called at such office by the City at any time when construction work is being performed on the Improvements.

J. Assume all costs for utility and cable television undergrounding or relocation which is not the responsibility of the cable television, gas, electric, telephone or other utility company under the terms of any franchises with the City or otherwise imposed upon the utility companies by law.

K. Obtain and comply with all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees and taxes required by law.

6. Estimated Cost of Improvements. The total estimated cost of the Improvements, as provided by Subdivider and reviewed and confirmed by the Engineer and Director, is Nine Hundred Fifty-Three Thousand One Hundred Nineteen Dollars and Four Cents ($953,119.04).

7. Title to Improvements. The City shall not accept any property to be dedicated or the Improvements unless they are constructed in conformity with the Improvement Plans and Improvement Standards, to the satisfaction of the Engineer and Director. Subdivider shall retain title to, shall be responsible for, and shall bear the risk of loss to, any of the Improvements constructed or installed, until such time as the Improvements are accepted by the City. Title to and ownership of the Improvements and any real property to be dedicated shall vest absolutely in the City upon completion and acceptance of such Improvements by the City Council. The City shall not accept the Improvements unless title to the Improvements is entirely free from all liens.

Prior to acceptance, at City’s request, Subdivider shall supply the City with appropriate lien releases, at no cost to and in a form acceptable to the City.

8. Acquisition and Dedication of Easements or Rights-of-Way. If any of the Improvements are to be constructed or installed on land not within the Subdivision or an already existing public right-of-way, no construction or installation shall commence before:

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & Countryside III

Page 5 ends

B. The issuance of an order of possession by a court of competent jurisdiction pursuant to the State Eminent Domain Law (Cal. Code Civ. Proc. § 1230.010 et seq.). Subdivider shall comply in all respects with any such order of possession.

9. Final Acceptance of Work. Acceptance of the Improvement Work on behalf of the City shall be made by the City Council upon recommendation of the Engineer and Director, after satisfactory completion and inspection of all Improvements. Such acceptance shall not constitute a waiver by the City of any defects or deficiencies in the Improvements.

10. Repair of Defective Work. If, however, within a period of one (1) year after final acceptance by the City Council of the Improvements, any portion of the Improvements or any work done under this Agreement fails to fulfill any of the requirements of this Agreement, the Improvement Plans or the Improvement Standards, Subdivider shall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements or work. If the Subdivider fails to act promptly in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before Subdivider can be notified or correct the situation, then the City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by City.

11. Securities. Concurrently with or before the Effective Date of this Agreement, Subdivider shall furnish to the City:

A. Faithful Performance Security. [omitted; see Section 4 above] B. Payment Security. [omitted; see Section 4 above]
C. Guarantee and Warranty Security. Securities to guarantee workmanship shall be in the amount of ten percent (10%) of the estimated cost of the Improvements, as stated in Section 6 above, to guarantee and warrant the Improvements for a period of one (1) year following their completion and acceptance against any defective work or labor done, or defective materials.

D. Bonds. Any bonds submitted as Securities shall be executed by a surety company authorized to conduct a surety business in California and shall be in a form as specified by the Subdivision Laws and approved by the City. All Securities deposited as bonds under this Agreement shall be irrevocable, shall not be limited as to time (except as to the guarantee and warranty period), and shall provide that they may be released, in whole or part, only upon the written approval of the Director, as provided under the Subdivision Laws and in Section 12 below.

All Securities shall expressly obligate the surety for any extension of time authorized by the City for Subdivider’s completion of the Improvements, whether or not the surety is given notice of such an extension by the City. No change, alteration or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties, except as required by the Subdivision Laws.

E. Records. Evidence of the Securities required by this Agreement shall be kept on file with the City Clerk. If the City Council gives specific, written approval to replace the

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & Countryside III

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Securities by another approved security, such replacement Securities shall be filed with the City Clerk and, upon filing, shall be deemed to be incorporated into this Agreement. Upon filing of replacement Securities with the City Clerk, the replaced Securities may be released.

12. Release of Securities. The Securities required by this Agreement shall be released in accordance with the Subdivision Laws and the following provisions:

A. Faithful Performance Securities. [omitted]
B. Payment Security. [omitted]
C. Guarantee and Warranty Securities. The Securities provided for guarantee and warranty of workmanship shall be released after one (1) year following the completion and acceptance of the Improvements, and inspection thereof by the City’s Construction Inspector and approved by the Engineer. If, however, the Engineer and Director determine there are defects in the Improvements that require correction pursuant to Section 10 above, the Director shall authorize utilization of the Securities to make all necessary corrections, including payment of reasonable expenses and fees and attorney’s fees.

13. Inspections.

A. The City reserves the right to inspect all Improvements at any time.

Subdivider shall at all times maintain safe access for inspection of the Improvements.

B. Upon completion of the Improvements the Subdivider may request a final inspection by the City’s Construction Inspector. If the Construction Inspector determines that the Improvements have been completed in accordance with all Improvement Standards and Subdivision Laws, then the Director shall certify the completion of the Improvements to the City Council, to accept or reject in their sole discretion. The City bears no liability for any costs or expenses resulting from delays in inspections.

C. Subdivider shall bear all costs of inspection and certification, including but not limited to the direct costs of all third-party inspection agencies and City inspection consultants.

14. Default of Subdivider.

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iv. Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Subdivider fails to discharge within thirty (30) days;
v. the commencement of a foreclosure action against the Subdivision or a portion thereof, or any conveyance in-lieu or in avoidance of foreclosure; or vi. Subdivider’s failure to perform any material obligation under this Agreement.

B. Notice of Default. In the event of Subdivider’s default, Subdivider shall be deemed to be in breach of this Agreement and the City may serve written notice upon Subdivider and Subdivider’s surety, if any, of the breach of this Agreement. Subdivider shall have fifteen (15) days from receipt of written notice by City to cure any default.

C. Remedies; Performance by City.
i. In the event of Subdivider’s default under this Agreement, and the applicable cure period set forth in this Paragraph has expired without such default having been cured, the City may thereafter deliver a notice of breach to Subdivider and Subdivider’s surety, if any. If the default remains uncured within fifteen (15) days from receipt of the written notice of breach, Subdivider authorizes the City to complete all work on the Improvements at the sole expense of Subdivider, and Subdivider authorizes to utilize the Securities to complete all work on the Improvements and to pay all labor costs of contractors, subcontractors and workers related to the Improvements. The City may take over the Improvements and prosecute the same to completion, by contract or by any other method the City may deem advisable, for the account and at the expense of Subdivider, and Subdivider shall be liable to City for any excess cost or damages incurred by the City thereby. In the event the City takes over the Improvements or prosecutes the same to completion, the City, without liability for so doing, may take possession of, and utilize such materials, appliances, equipment, plant and other property belonging to Subdivider as may be necessary for completion of the Improvements.
ii. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The right of the City to draw upon or utilize the Securities is additional to and not in lieu of any other remedy available to the City.
iii. Failure of Subdivider to comply with the terms of this Agreement shall constitute consent to the filing by the City of a notice of violation against all the lots in the Subdivision, or to rescind the approval or otherwise revert the Subdivision to acreage. The remedy provided by this Subsection is in addition to and not in lieu of other remedies available to the City, and is not required to implement other available remedies. Subdivider agrees that the choice of remedy or remedies for Subdivider’s default shall be at the discretion of the City. iv. In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by the City in securing

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performance of such obligations, including but not limited to costs of suit and attorney’s fees, costs of Improvements in the event of failure of performance, and all administrative costs. Such costs and fees shall be a proper charge against the Securities of Subdivider. v. The failure of the City to take an enforcement action with respect to a default or breach, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of Subdivider.

D. Lien. In accordance with the Subdivision Laws (Gov. Code § 66499), the recordation of this Agreement creates a lien attached to the property underlying the Subdivision and has the priority of a judgment lien in the amount necessary to complete the Improvements.

15. Environmental Warranty.

A. For purposes of this Agreement, the terms below have the following meanings:
i. “Environmental Laws” shall mean any federal, state, or local law, rule, regulation administrative or court order, ordinance, regulatory guidance document, standard, or requirements of any government authority regulating, relating to, or imposing liability standards of conduct concerning Hazardous Substances, or that pertains to the protection of human health or the environment, including, but not limited to, the Comprehensive Environmental Response, Conservation and Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§6901 et seq.); the Clean Water Act (33 U.S.C. §§1251 et seq.); the Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.); the Hazardous Materials Transportation Act (29049 U.S.C. §§ 1801 et seq.); the Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §§ 136 et seq.); the Superfund Amendments and Reauthorization Act (42 U.S.C. §§ 6901 et seq.); the Clean Air Act (42 U.S.C. §§ 7401 et seq.); the Safe Drinking Water Act (42 U.S.C. §§ 300f et seq.); the Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.); the Surface Mining Control and Reclamation Act (30 U.S.C. §§ 1201 et seq.); the Occupational Safety and Health Act (29 U.S.C. §§ 655, 657); the California Underground Storage of Hazardous Substances Act (Health and Safety Code §§ 25280 et seq.); the California Hazardous Waste Control Act (Health and Safety Code §§ 25100 et seq.); the California Safe Drinking Water and Toxic Enforcement Act (Health and Safety Code §§ 24249.5 et seq.); and the Porter-Cologne Water Quality Control Act (Water Code §§ 13000 et seq.); together with any amendments of or regulations promulgated under the statutes cited above.
ii. “Hazardous Substances” or “Hazardous Substance” shall include any hazardous, toxic or dangerous waste, substance or material, pollutant or contaminant, as so defined under any Environmental Laws or any substance which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous, or any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons, polychlorinated biphenyls (PCBs), radon gas, urea formaldehyde, asbestos, lead, or electromagnetic waves.

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hazardous waste or substance which has, as of the date hereof, been determined to be hazardous or a pollutant by the U.S. Environmental Protection Agency, the U.S. Department of Transportation, or any instrumentality authorized to regulate substances in the environment which has jurisdiction over the Property which substance causes the Property (or any part thereof) to be in material violation of Environmental Laws.

B. Prior to acceptance of any Improvements by the City, Subdivider shall provide the City with a written warranty that:
i. Subdivider and the property being dedicated are in compliance with all Environmental Laws and are not subject to any existing, pending or threatened investigation by a federal, state, or local governmental authority regarding violations of Environmental Laws. ii. Subdivider and its third party agents, contractors and subcontractors have not used, generated, manufactured, produced, discharged, or released on, under, or about the property to be dedicated, any Hazardous Substance except in accordance with all applicable Environmental Laws.
iii. Subdivider has not caused or permitted the release or discharge of, and has no knowledge of the release, discharge, or presence of Hazardous Substances on the property to be dedicated or the migration of any Hazardous Substances from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

C. Throughout the term of this Agreement, Subdivider shall give written notice within fifteen (15) days to the City of:
i. Any proceeding or investigation by any federal, California, or local governmental authority regarding the presence of Hazardous Substances on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated;
ii. Any claims made or threatened by any third party against the City or property to be dedicated regarding any loss or injury resulting from any Hazardous Substances; and
iii. Subdivider’s discovery of any occurrence or condition on any property to be dedicated or any property adjacent to, or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability, or suit under any Environmental Law.

16. Design or Construction Defect.

A. After acceptance of the Improvements, the Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by a latent design or construction defect.

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B. Provisions of this section shall remain in full force and effect for ten (10) years following the acceptance of the Improvements by the City.

C. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the Improvements and that the City shall not be liable for any negligence, nonfeasance, misfeasance, or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any Improvement Work. The Securities shall not be required to cover the provisions of this paragraph.

17. No Agency Relationship. Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of the City in connection with the performance of Subdivider’s obligations under this Agreement. City elected and appointed councils, commissions, officers, agents, employees and representatives (“City Agents”) shall not, be liable or responsible for any accident, loss or damage, regardless of the cause, happening or occurring to the Improvement Work or Improvements specified in this Agreement prior to the completion and acceptance of the Improvement Work or Improvements. All such risks shall be the responsibility of and are hereby expressly assumed by Subdivider.

18. Other Agreements. Nothing contained in this Agreement shall preclude the City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the City ordinances providing therefore, nor shall anything in this Agreement commit the City to any such apportionment.

19. Indemnity/Hold Harmless.

A. The City and City Agents shall not be liable and Developer agrees to indemnify, hold harmless and defend the City and City Agents from any and all claims, costs, and liability for claims of damage, for any property damage or personal injury, including death, which may arise as a result of any negligent acts or omissions by Developer or Developer’s contractors, subcontractors, agents, or employees in connection with the construction, improvement, or operation, of the Improvements, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Improvements.

This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Subdivision and the Improvements as provided herein, and in addition, to injuries to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other Improvements.

B. Acceptance by the City of the Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section.

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for any negligence, nonfeasance, misfeasance, or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any Improvement Work. The Security shall not be required to cover the provisions of this section.

D. City shall not be liable for approving, reviewing, checking, or correcting any plans or specifications or for approving, reviewing or inspecting any Improvement Work.

Nothing contained in this section is intended to, or shall be deemed to, limit or waive any protections or immunities afforded by law to the City or City Agents for the approval of the plan or design of the Improvements, including but not limited to the protections and immunities afforded by Government Code section 830.6. Subdivider shall defend, indemnify, and hold harmless the City and City’s Agents from any claim, action, or proceeding against City or City Agents to attack, set aside, void, or annul an approval of the City or City Agents concerning the Subdivision.

20. Insurance. Without limiting Subdivider’s duty to indemnify the City, Subdivider shall maintain in effect throughout this Agreement a policy or policies of insurance with the specifications and limits of liability specified herein.

A. Proof of Insurance.
i. Subdivider shall provide to the City a properly executed certificate of insurance, in a form satisfactory to the City Attorney for commercial general liability coverage; automobile liability, worker’s compensation insurance, professional liability insurance, and course of construction coverage from an insurance provider approved by the City and licensed by the California Department of Insurance (“Certificates”).
ii. Each Certificate shall provide that such insurance will not be cancelled, reduced in coverage, or allowed to expire without thirty (30) days’ prior written notice to the City.

B. Minimum insurance limits. Contractor shall maintain limits no less than:
i. General Liability. Subdivider shall maintain such commercial general liability insurance with an insurance company admitted in California with an AM Best Rating of not less than A+, as shall protect the City, the City’s Agents, Subdivider, contractors, and subcontractors from claims for damages for personal injury, including death, as well as from claims of property damage which may arise from acts or omissions from Subdivider, contractors, or subcontractors for in relation to this Agreement. The amount of such insurance shall not be less than two million dollars ($2,000,000.00) per occurrence with umbrella liability coverage of not less than two million dollars ($2,000,000.00). Such insurance shall also:

1. Name the City and the City Agents as insured by
endorsement with respect to performance of this Agreement. The coverage shall contain no special limitation on the scope of its protection afforded to the above-listed additional insured; and

2. Be primary with respect to any insurance or self-insurance programs covering the City and City Agents.

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ii. Automotive Liability Insurance. Subdivider shall maintain automotive liability insurance covering all motor vehicles, including owned, leased, non-owned, and hired vehicles, used in providing services or performing work under this Agreement for bodily injury and property damage with a limit of not less than one million dollars ($1,000,000.00) for each occurrence. Such insurance shall also:

1. Name City and City Agents as insured by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitation on the scope of its protection afforded to the above-listed additional insured; and

2. Be primary with respect to any insurance or self-insurance programs covering the City and City Agents.
iii. Worker’s Compensation Insurance.

1. Subdivider shall maintain worker’s compensation insurance in accordance with California Labor Code Section 3700, and with a limit of not less than one million dollars ($1,000,000.00) per occurrence for employer’s liability.

2. In the event any work is sublet, Subdivider shall require any contractor or subcontractor to provide worker’s compensation insurance for all contractor’s employees or subcontractor’s employees, unless such employees are covered by the protection afforded by Subdivider.

C. Course of Construction. Subdivider shall maintain course of construction insurance for a value of not less than the completed value of the Subdivision and the Improvements.

D. Professional Liability Insurance. Subdivider shall maintain professional liability insurance, as applicable, in the amount of not less than two million dollars ($2,000,000.00) per claim and three million dollars ($3,000,000.00) in the aggregate, to cover liability for malpractice or errors or omissions made in the course of rendering professional services.

21. No Vesting of Rights. Performance of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.

22. Notices. Any notice or communication required hereunder between City and Subdivider must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date

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delivered as shown on a receipt issued by the courier. Any Party may at any time, by giving ten (10) days written notice to the other Party, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: Marisela H. Garcia, City Manager
With copies to: City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: Community Development Director
and Brenner White, LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attn: Douglas L. White, Esq.

If to Subdivider: McRoy Wilbur Communities, Inc
2909 Coffee Road Suite 12A
Modesto, CA 95355
Attn: Mark Wilbur, President
and

23. General Provisions:

A. Governing Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of California.

B. Compliance with Laws. Subdivider, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement, including but not limited to all Improvement Standards or any other applicable land use approvals. Subdivider shall be responsible for obtaining all applicable licenses and permits.

C. Venue. Venue for any legal proceedings initiated in connection with this Agreement shall be in the Superior Court for the County of Stanislaus.

D. Severability. The provisions of this Agreement are severable. If any provision of this Agreement is held invalid by a court of competent jurisdiction, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining

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provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

E. Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Agreement. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.

F. Approvals by the City. Any approval or consent that is to be given by the City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on the City.

G. Integration. This Agreement, together with its specific references, attachments and Exhibits, constitute all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the Parties with respect to the subject matter of this Agreement. Neither Party shall be liable for any representations made, express or implied, not specifically set forth herein. It is the intention of the Parties that this Agreement shall supersede any prior agreements, discussions, commitments, representations or agreements, written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.

H. Captions. The captions of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.

I. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.

J. Successors and Assigns – Covenant Running with the Land. Subdivider shall not assign any of its obligations under this Agreement without the prior written consent of the City. Notwithstanding the above, all representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of or for the benefit of any or all of the Parties, shall be binding upon and inure to the benefit of such Party, its successors and assigns. This Agreement, however, shall not be binding on any lot that has been conveyed to an individual homebuyer and for which a Certificate of Occupancy has been issued by the City.

K. Counterparts. This Agreement may be executed simultaneously or in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

L. Other Documents. Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.

M. Time is of the Essence. Time is of the essence in this Agreement in each covenant and term and condition herein.

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N. Authority. The Parties warrant and represent that they have the power and authority to enter into this Agreement and the names, titles and capacities herein stated on behalf of any entities, persons, states or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into this Agreement have been fully complied with.

O. Construction and Interpretation. It is agreed and acknowledged by Subdivider that the provisions of this Agreement have been arrived at through negotiation, and that Subdivider has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting Party shall not apply in construing or interpreting this Agreement.

P. Advice of Legal Counsel. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement.

Q. Attorney Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the prevailing Party shall be entitled to an award of reasonable attorney fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

R. No Monetary Damages Against the City. In the event of the City’s default under this Agreement, Subdivider agrees that Subdivider may not seek, and shall forever waive any right to, monetary damages against the City.

S. Modification. This Agreement may be amended only by a written instrument signed by the Parties. Subdivider shall bear all costs of amendments to this Agreement that are requested by Subdivider.

T. Exhibits. All exhibits attached hereto are incorporated into this Agreement:
[Signatures on following page]

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IN WITNESS WHEREOF, this Agreement has been entered into by and between Subdivider and City as of the day and year first above written.

SUBDIVIDER:

McRoy Wilbur Communities, Inc
By:

Mark Wilbur, President
Date: ______________________________
CITY:

CITY OF RIVERBANK, a California
municipal corporation:

By:

Marisela H. Garcia, City Manager
Date:

ATTEST:

By:

Kathy L. Teixeira, Interim City Clerk
APPROVED AS TO FORM:

By:

Tom Hallinan, City Attorney
California All-Purpose Acknowledgment
State of California )
)
County of Stanislaus )
On , before me , a Notary Public, personally
appeared ____________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.
(Signature)
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

California All-Purpose Acknowledgment
State of California )
)
County of Stanislaus )
On , before me , a Notary Public, personally
appeared Sean Scully who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

EXHIBIT A
Tentative Map Resolution of Approval
Tentative Map 03-2020

EXHIBIT B
Final Map 02-2022

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Item 11.2 – CC/LRA – 06/28/2022

RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.2
SECTION 11: NEW BUSINESS
Meeting Date: June 28, 2022
Subject/ Title: Final Map 02-2022 Countryside III – APN: 062-022-020 From: Marisela H. Garcia, City Manager
Submitted by: Donna M. Kenney, Planning and Building Manager

RECOMMENDATION
Approve the Final Map (“FM”) for McRoy Wilbur Communities and Countryside III based on the required finding that the map is in conformity with the provisions of subdivision law and city code.

BACKGROUND
This item is a request for the approval of Final Map 02-2022 to subdivide approximately

4.56 acres into twenty-two (22) buildable residential lots (overall density of approximately

5.48 du/net acre), three (3) remainder lots for storm drainage, associated street, sewer, and water improvements at 4131 Kentucky Avenue (APN: 062-022-020).

On August 17, 2021, the Planning Commission approved Resolution No. 2021-014 for the Architecture and Site Plan Review of the Countryside III houses. The architecture and design of the residential communities are consistent with the adjacent subdivisions. The developer has begun grading and working on the on-site improvements for Countryside III.

On September 14, 2021, the City Council adopted Resolution No. 2021-083, approving Vesting Tentative Map 03-2020 (Attachment 2) and related conditions of approval, which set forth the infrastructure obligations and conditions related to the development and build out of approximately 22 residential lots on 4.56 acres.

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Item 11.2 – CC/LRA – 06/28/2022
On September 28, 2021, the City Council adopted Ordinance No. 2021-005 approving a Rezone to Planned Development for Countryside III.

Pursuant to Riverbank Municipal Code Section §152.074 (C)(2), the City Council shall, at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it is determined to be in conformity with the provisions of law and of this chapter. The Council shall disprove the map if it is determined not to be in conformity with the provisions of law and of this chapter and shall advise the subdivider of its disapproval, and the reason or reasons thereof.

The City Engineer and Planning and Building Manager have reviewed the final map (Exhibit A) and have determined that the plans are in substantial compliance with city standards and with the conditions placed upon the tentative map. The Project is compliant with CEQA – the Project qualified for a Notice of Exemption.

FISCAL IMPACT
None.

ATTACHMENTS

1. Draft City Council Resolution 2022-
Exhibit A - Final Map

2. Vesting Tentative Map

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CC/LRA – 06/28/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA
APPROVING FINAL MAP 02-2022 FOR MCROY-WILBUR COMMUNITIES FOR COUNTRYSIDE III AT 4131 KENTUCKY AVENUE (APN 062-022-020)

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, McRoy Wilbur Communities is the property owner and applicant for Countryside III Final Map 02-2022 (approximately 4.56 acres); and WHEREAS, on September 14, 2022, the City Council adopted Resolution No. 2021-083 to approve Vesting Tentative Subdivision Map 03-2020 for Countryside III; WHEREAS, on September 28, 2022, the City Council adopted Ordinance No. 2021-005 approving a Rezone to Planned Development for Countryside III; and WHEREAS, the City has now received a Final Map application to subdivide the approximately 4.56 acre site into twenty-two (22) lots at 4131 Kentucky Avenue; and WHEREAS, the City Engineer and Planning and Building Manager have reviewed the final map and have determined that the plans are in substantial compliance with city standards and with the conditions placed upon the tentative parcel map; and WHEREAS, pursuant to Riverbank Municipal Code Section §152.074 (C)(2), the City Council shall, at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it is determined to be in conformity with the provisions of law and of this chapter.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby authorizes the City Engineer to record Final Map 02-2022 (“Exhibit A”) for Countryside III and McRoy Wilbur Communities upon determination that the map is in conformity with the provisions of state law.

ATTACHMENT 1

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CC/LRA – 06/28/2022
CC Resolution 2022-
AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________ ________________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor

OWNER'S STATEMENT

WE, THE UNDERSIGNED, HEREBY STATE THAT WE ARE THE OWNERS OF, OR HAVE SOME RIGHT, TITLE, OR INTEREST OF RECORD IN THE LAND SHOWN ON THIS MAP, AND WE CONSENT TO THE MAKING AND Al/NG OF THIS MAP IN THE OFACE OF THE COUNTY RECORDER OF STANISLAUS COUNTY, CALIFORNIA.

WE OFFER FOR DEDICATION TO THE PUBLIC FOR PUBLIC USE, IN FEE, 20' OF CENTRAL AVENUE, YORKSHIRE COURT, HUSKY COURT, AND 10' OF KENTUCKY AVENUE, AS EASEMENTS, THE 10 FOOT WIDE PUBLIC UTILITY EASEMENTS,· ALL AS SHOWN ON AND LYING WITHIN THE BOUNDARY OF THE LAND BEING DIVIDED BY THIS SUBDIVISION MAP.

OWNER: McROY-WILBUR COMMUNITIES, INC., A CALIFORNIA CORPORATION DATE: _________ _
/AN WILBUR

NOTARY STATEMENT
A NOTARY PUBLIC OR OTHER omCER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE

INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIACATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA
COUNTY OF j ------ S.S.

ON _________ , 20_, BEFORE ME, ______________ _
A NOTARY PUBLIC, PERSONALLY APPEARED ___________________ _ WHO

SUBSCRIBED

PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE

TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME

IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND
�GNATUR�--------------
PRINCIPAL COUNTY OF BUSINESS: ______ _
COMMISSION NUMBER: _______ _
MY COMMISSION EXPIRES: ______ _
DATE: 5/17/2022 8:20 FILE: M:\ 141605\Survey Drawings\COUNTRYSIDE PHASE J FM\01-CERT PH J.dwg COUNTRYSIDE, PHASE 3
BEING A SUBDIVISION OF LOT 346 AS SHOWN ON THAT MAP ENTITLED "MAP OF RIVERBANK IRRIGATED FARMS" FILED IN VOLUME 7 OF MAPS AT PAGE 23,

STANISLAUS COUNTY RECORDS, LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 2 SOUTH, RANGE 10 EAST,

MOUNT DIABLO MERIDIAN,

CITY OF RIVERBANK, COUNTY OF STANISLAUS, STA TE OF CALIFORNIA

BENCHMARK
MAY 2022
ENGINEERING, INC.
915 17TH STREET, MODESTO, CALIFORNIA, 95354
VICINITY MAP N. T,S,

TAX COLLECTORS CERTIFICATE

THIS IS TO CERTIFY THAT THERE ARE NO LIENS AGAINST THE SUBDIVISION OR ANY PART THEREOF FOR ANY UNPAID

SPECIAL

STATE, COUNTY, SCHOOL, MUNICIPAL, IRRIGATION OR LOCAL TAXES, OR SPECIAL ASSESSMENTS, EXCEPT ASSESSMENTS OR TAXES NOT YET PAYABLE AGAINST THE LAND SHOWN ON THIS MAP.

APN: 062-022-020.

DATED THIS DAY OF _____ , 20_.

DONNA RILEY, STANISLAUS COUNTY TAX COLLECTOR
B�--------------
DEPUTY
{PRINT NAME}

CLERK OF THE BOARD OF SUPERVISOR'S CERTIFICATE

THIS IS TO CERTIFY THAT THE OWNERS OF THE PROPERTY SHOWN ON THE ACCOMPANYING MAP HAVE ALEO WITH THE BOARD OF SUPERVISORS: {CHECK ONE)
□ A A BOND OR DEPOSIT APPROVED BY SAID BOARD TO SECURE THE PAYMENT OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES WHICH ARE AT THE TIME OF Al/NG OF THIS MAP, A LIEN AGAINST SAID PROPERTY OR ANY PART THEREOF.
□ 8. RECEIPTED TAX BILL OR BILLS OR SUCH OTHER EVIDENCE AS MAY BE REQUIRED BY SAID BOARD SHOWING FULL PAYMENT OF ALL APPLICABLE TAXES.

DATED THIS DAY OF _____ , 20_.

ELIZABETH A. KING

CLERK OF THE BOARD OF SUPERVISORS

STANISLAUS COUNTY, CALIFORNIA
BY:

DEPUTY
(PRINT NAME)

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON

A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP

BENCHMARK

ACT AND

ENGINEERING,

LOCAL ORDINANCE AT THE REQUEST OF MARK WILBUR AND
IN FEBRUARY 2016. I HEREBY STATE THAT THIS ANAL

MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONAL APPROVED

TENTATIVE MAP, THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN, THAT ALL

MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN THOSE POSITIONS ON OR BEFORE DECEMBER 31, 2022 AND THAT THE MONUMENTS ARE OR WILL BE sumCIENT TO ENABLE THE SURVEY TO BE RETRACED.

DATED THIS DAY OF _____ , 20_.
[F.)IB�ls□[M]DlmJ:il�3W [}s@IB IB�WD�� @lmls W
MICHAEL HALTERMAN, L.S. 8040

CITY SURVEYOR'S STATEMENT

I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP AND STATE THAT THE

SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON

THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF, THAT ALL

PROVISIONS OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES

APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH, AND I AM SATISAED THAT THIS MAP IS TECHNICALLY CORRECT.

DATED THIS DAY OF _____ , 20_.

Will/AM F. KULL, CITY SURVEYOR, CITY OF RIVERBANK L.S. 5792

PLANNING COMMISSION STATEMENT

THIS IS TO STATE THAT THIS SUBDIVISION MAP SUBSTANTIALLY CONFORMS TO THE TENTATIVE MAP AND RECOMMENDED BY THE PLANNING COMMISSION AT A DULY AUTHORIZED MEETING HELD ON _______ AND APPROVED BY THE CITY COUNCIL AT A DULY AUTHORIZED MEETING HELD ON ______ � DATED THIS DAY OF _____ , 20_.

DONNA M. KENNEY, SECRETARY PLANNING COMMISSION

CITY OF RIVERBANK

CITY CLERK'S CERT/FICA TE
THIS IS TO CERTIFY THAT AT A REGULAR MEETING HELD ON THE DAY OF _____ , 2021, THE CITY

COUNCIL OF THE CITY OF RIVERBANK, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, APPROVED THIS ANAL MAP

AND ACCEPTED ON BEHALF FOR PUBLIC USE THE STREETS, AVENUES, ROADS, EASEMENTS, AND OTHER PUBLIC PLACES AND DEDICATIONS AS SHOWN ON THIS ANAL MAP. SAID APPROVAL IS NOT TO BE CONSTRUED AS ACCEPTANCE OF THE REMAINING STREETS THEREON.

DATED THIS DAY OF _____ , 20_.

B�----------------

ANNABELLE AGUILAR, CITY CLERK, CITY OF RIVERBANK PRINT NAME

RECORDER'S STATEMENT
ALEO THIS ___ DAY OF _______ , 20_, AT _____ O'CLOCK
IN BOOK OF MAPS AT PAGE , S.C.R.

AT THE REQUEST OF MARK WILBUR

DONNA LINDER

STANISLAUS COUNTY RECORDER
FEE:--------
BY: _____________ , DEPUTY

PRINT NAME
M.

SHEET 1 OF 3

EXHIBIT A
1 FOUND 1 » IRON PIPE WITH BRASS CAP STAMPED nRCE 18573» PER (F).

DETAIL � 1 /MONUMENT ORIGINAUY FOUND ON 26 FEBRUARY, 2016. IT HAS NOT TO SCALE lil! 1 / SUBSEQUENTLY BEEN REMOVED BY CONSTRUCT/ON ACTMTY.

CALIFORNIA
- - - � -�_-0.80'(M) 0.8J'(B-2A-32) 0.85'(CS 969)
AVENUE ;) @-___ _
� 1 \_FOUND 6
» CONCRETE MONUMENT IN MONUMENT WELL FOR 1/4-1/4 CORNER PER COUNTY I ��U:�f$_N
�EfE b I SURVEY NO. 969 (AUGUST 3, 1932) AND STANISLAUS COUNTY CLAUS ROAD SURVEY FILE . /
DETAIL THIS SHEET "'l I HAS SUBSEQUENTL y BEEN REMOVED BY CONSTRUCnON ACnV/TY.

I B-2A-32 (AUGUST 23, 1984). MONUMENT ORIGINALLY FOUND ON 26 FEBRUARY, 2016. IT ,,,,. . J j_ CALIFORNIA AVENUE
--+- I_ _1 -@--1----- f ------ 7 _------+------ � 't_ (I( I I i-_.___ 11•
· � �
20 • - I
is
1 2 3 4 s 6 1 B 9 1 a
ii:
11 12
PARCEL 1
14-PM-46
PARCEL 2
14-PM-46
PARCEL 3
14-PM-46 21 20 19 18 17 13 _F'
20·
20'
16 15 14
SCALE � t• = too'
LOT B
(PARK)
LOT 329
7-M-23

RIVERBANK
/RR/GA TED FARMS
7-M-23
FOUND 3/4• IRON PIPE
TAGGED ls 8040" PER (H)
25 26
27 28
29 )..

I
�I
j:§ �
31 __,___ _ _L_ _ __L _ __J __ -'----'----'-----'---'---__, I

LABRADOR LANE
42 43
COUNTRYSIDE, �
PHASE 1 c:s 41 44
44-M-85 � � 40 45
�I
39 46

CORGI WAY
38 47
37 48
32 33 34 35
36 49 AS A J' WITNESS CORNER� __ __j_�-.--_j_ _ __.l. __ ¼------'----,L.._+--t-----j-----t---1 30 27 26
38 35 34
31 28 25
:<
37 §"136 33
32 29 24
....,.
i1
-
�
-
�1 COUNTRYSIDE,
��-I - PHASE 2
c:i� 45-M-04 _ FOUND 3/4 » -�C'--- -'- ------ �- IRON PIPE WITH�• : g COMPANION LANE PLASnc PLUG IN MONUMENT \
r --, 1---.---�-�------.--.----.----,- WELL. STAMPED lS 8040 » �------.--,----.---,---,---r-----r---,,--,----r--10 N �ro l8 I 1 2 3 4 5 6 7 8 9 10 11� 12 13
I
N89"43'37"E 1280.18'(M) 1280'(A) I SFN
14 :.._� 640.09'(M) 640.00'(A) 640.11'(B)(D)
; -�-r K._ "-._SFN 590.25'(M) 590.23'(0)
49·84'(M) }_j FOUND 3/4• IRON PIPE
1--- 49.88'(0)
��
'ft i!: � � en :::i-=--- ~ � ..... � c:i�
Ll::: '-' -!ii' Qj (/) !l:: ") ::-:-
;:i: is� �� i..:: c �c:i
tt tw') �;:;;
TAGGED 1S 2854• PER (D)
N89"43'37"E
21 !.&.J
15 16 17 18
19 12
19 20 21 22
FOUND 3/4 » IRON PIPE
11 TAGGED ls 8489 » PER (I)
LOT 346
7-M-23 9
SEESHEET3 8
23 2
3 � � ?.: c:i o::l80 . ;;; 1i�� _I � 20·

PARCEL A
31-PM-82

PARCEL B
31-PM-82
A
� '- � � !-----+-------\
�8�I
� lli:
4 �=� -1_ L �� :::5 � Q:: I Li"n \..
-f.: � 8 25 : \� __ 640.11'(M)
-�--------
---.. 36 i-31
SFN
� FOUND 3/4• IRON PIPE
17 14
15 V,::::; 7 �18
6 5
I
640.11 '(M) 640.00'(A)
SFN • PER (B)(D). NO TAG
640.00'(A) 640.09'(B)(D)-�_..L.--------��,._,.-��;;;;;;;;: _ _.,. ____ +-"---....,; ...... _,...... ...... ________ �,f \ 1280.22'(M) j 1280.00'(A)
N89"44'39"E 1320.22'(M) 1320.18'(B)(D) 1319.94'(C) KENTUCKY AVENUE DAT£· 5/6/2022 15:06 FILE: M:\ 141605\Survey Drawings\COUNTRYSIDE PHASE 3 FM\02-BNDY PH 3.dwg FOUND CONCRETE MONUMENT IN MONUMENT WELL.

NO TAG OR MARKINGS ON MONUMENT. FOUND AND
HELD SWING nES IN PAVEMENT PER (C)
JO'
OLD

RIGHT-OF-WAY
LINE
LOT 331
7-M-23
LOT 337
7-M-23
20'
COUNTRYSIDE, PHASE 3
BEING A SUBDIVISION OF LOT 346 AS SHOWN ON THAT MAP ENTITLED "MAP OF RIVERBANK IRRIGATED FARMS" FILED IN VOLUME 7 OF MAPS AT PAGE 23, STAN/SL.AUS COUNTY RECORDS, LYING WITHIN THE SOUTHWEST QUARTER OF SECTION JO, TOWNSHIP 2 SOUTH, RANGE 10 EAST,

MOUNT DIABLO MERIDIAN,
CITY OF RIVERBANK, COUNTY OF STAN/SL.AUS, STA TE OF CALIFORNIA BENCHMARK ENGINEERING, INC.

MAY 2022
915 17TH STREET, MODESTO, CALIFORNIA, 95354
�00�[1,DlMJDlm&[�rw [1;'@00 OO�WD�\IW @[m[s W
LEGEND
NOTE: ALL PIPE SIZES ARE INSIDE DIAMETER
•
@
FOUND AND ACCEPTED 3/4" IRON PIPE TAGGED LS 8040 PER (A), UNLESS NOTED OTHERWISE FOUND AND ACCEPTED MONUMENT IN MONUMENT WELL, TAGGED LS 8040 PER (B), UNLESS

NOTED OTHERWISE
FOUND GPS MONUMENT, AS SHOWN ON REF (C).
0 SET 3/4" X 24" IRON PIPE, WITH PLASnc PLUG STAMPED LS 8040 0 SET 3/4. X 24• IRON PIPE, WITH PLASnc PLUG STAMPED LS 8040 IN MONUMENT WELL 'd SET BRASS TAG STAMPED LS 8040 IN CONCRETE AS A WITNESS CORNER 1.00' FROM TRUE , '

CORNER, MEASURED PERPENDICULAR FROM RIGHT-OF-WAY ANGLES AND CURVE POINTS (R)
-PM-
-M-
(M)
S.C.R.

P.U.£
WC
NOTES

RADIAL BEARING

RECORDED

PARCEL MAP
MAP

MEASURED ON THIS SURVEY

STANISLAUS COUNTY RECORDS
PUBLIC unLITY EASEMENT

WITNESS CORNER

FOUND BRASS DISC STAMPED
»
CLAUS 1973
»

SET IN CONCRETE, IN

MONUMENT WELL AT INTERSECT/ON OF

PATTERSON ROAD AND CLAUS ROAD PER
NGS DATASHEET FOR PIO HS4637.

NORTHING 14295.7412
EASnNG 9961.5170

1. ALL BEARINGS AND DISTANCES SHOWN HEREON ARE MEASURED UNLESS OTHERWISE NOTED.

2. ALL DISTANCES AND DIMENSIONS SHOWN ARE IN FEET AND DECIMAL PARTS THEREOF.

REFERENCES

3. ALL RECORD INFORMAnON SHOWN IS FROM STANISLAUS COUNTY RECORDS. �
N16"48'39"w
(A) 7-M-23, MAP OF RIVERBANK IRRIGATED FARMS, S.C.R.
i • Y 2410,4o'(M)
(B) 11-S-121, S.C.R. (BASIS OF BEARINGS)
I
R
(C) 14-PM-46, S.C.R. N0'31'09"w I
(D)
/
31-PM-82, S.C.R. 13223.57'(M-GROUND)�
SITE
(E) CORNER RECORD NO. 647, S.C.R. 13221.77'(CALC-GRID) f (F) 34-M-79, KATHLEEN ESTATES, UNIT NO. 1, S.C.R.

I
/
{G) 12-PM-55, S.C.R.
(H) COUNTRYSIDE, PHASE 1, 44-M-85, S.C.R.
f'-
I "'-._N3"01'39•E
(I) COUNTRYSIDE, PHASE 2, 45-M-04, S.C.R.

I
/
/
10930.89'(M)
(J) CERnFlCATE OF CORRECnON NO.---- FOUND BRASS DISC STAMPED "CITY

SUBDIVISION SUMMARY
25 LOTS

STREETS
TOTAL

BASIS OF BEARINGS

OF MODESTO GPS SURVEY MONUMENT I,
NO. 2728
»
IN MONUMENT WELL AT /� INTERSECnON OF RICE ROAD AND_/

3.63 ACRES

0.94 ACRES

4.57 ACRES
CLAUS
SURVEY

ROAD PER
22-S-51,
RECORD
S.C.R.

OF GPS DETAIL
NORTHING 1072.7097
EASTING 10081.3364

NOT TO SCALE

BEARINGS ON THIS MAP ARE BASED UPON A LINE OBSERVED BETWEEN CITY OF MODESTO GPS MONUMENT 2728 AND NGS MONUMENT "CLAUS" {PIO HS4637). THE BEARING BETWEEN THOSE POINTS

RECORD OF
IS CALCULATED TO BE N0"31 '09"w BASED UPON THE COORDINATES PUBLISHED ON THE SURVEY FILED IN 22-S-51, S.C.R. AND THE NGS DATA SHEET FOR STAnON •cLAUS� SEE GPS DETAIL ON THIS SHEET. SHEET 2 OF J

LEGEND REFERENCES
•
@
0 (R)
-PM-
-M-
(M)
S.C.R.

C42
P.U.E.

WC
L __ _
NOTE: ALL PIPE SIZES ARE INSIDE DIAMETER

FOUND MONUMENTS AS NOTED PER (C)
(A) 7-M-23, MAP OF RIVERBANK IRRIGATED FARMS, S.C.R.
(B) 11-S-121, S.C.R.

CURVE DATA TABLE CURVE DATA TABLE COUNTRYSIDE, PHASE 3

FOUND AND ACCEPTED MONUMENT IN MONUMENT WELL AS NOTED
FOUND GPS MONUMENT. AS SHOWN ON REF (C).
{C) 14-PM-46, S.C.R .
(D) 31-PM-82, S.C.R.
(E) CORNER RECORD NO. 647, S.C.R.
(F) 34-M-79, KATHLEEN ESTATES, UNIT NO. 1, S.C.R.
{G} 12-PM-55, S.C.R.
(H) COUNTRYSIDE, PHASE 1, 44-M-85, S.C.R.
(I) COUNTRYSIDE, PHASE 2, 45-M-04, S.C.R.

CURVE
CT
C2
CJ

DELTA RADIUS
90•40•1 r 20.00'
90·00'00" 20.00'
38'44'.22" 50.00'

LENGTH CURVE DELTA

31.65' C16 90·00·00·

31.42' C17 90·00·00"

33.81' C18 38'44'.22"
RADIUS

20.00'

50.00'
LENGTH

31.42'

33.81'
BEING A SUBDIVISION OF LOT 346 AS SHOWN ON THAT MAP ENTITLED "MAP OF RIVERBANK IRRIGATED FARMS" FILED IN VOLUME 7 OF MAPS AT PAGE 23, STAN/SL.AUS COUNTY RECORDS, LYING WITHIN THE SOUTHWEST QUARTER OF SECTION JO, TOWNSHIP 2 SOUTH, RANGE 10 EAST,
SET J/4" X 24• IRON PIPE, WITH PLASnc PLUG STAMPED LS 8040 MOUNT DIABLO MERIDIAN, SET 3/4" X 24• IRON PIPE, WITH PLASnc PLUG STAMPED LS 8040 IN MONUMENT WELL SET BRASS TAG STAMPED LS 8040 IN CONCRETE AS A WITNESS CORNER 1.00' FROM TRUE

CORNER, MEASURED PERPENDICULAR FROM RIGHT-OF-WAY ANGLES AND CURVE POINTS (J) CERTIFICATE OF CORRECTION NO. ___ _ C4
C5
15·34•51• 50.00' 13.60'
23'09'31" 50.00' 20.21'
C19 15·34•51"
C20 23'09'31"

50.00' 13.60'

50.00' 20.21·
CITY OF RIVERBANK, COUNTY OF STAN/SL.AUS, STA TE OF CALIFORNIA MAY 2022
C6 257'28'44" 50.00' 224.69' C21 257'28'44" 50.00' 224.69' RADIAL BEARING Cl 45'27'38" 50.00' 39.67' C22 45'27'38" 50.00' 39.67' CB 41·50•59• 50.00' 36.52' C23 41·50•59• 50.00' 36.52' BENCHMARK ENGINEERING, INC.

PARCEL MAP
RECORDED MAP NOTES C9 41·25•45" 50.00' 36.15' C24 41·25'45" 50.00' 36.15' 915 17TH STREET, MODESTO, CALIFORNIA, 95354

MEASURED ON THIS SURVEY

STANISLAUS COUNTY RECORDS

CURVE TABLE REFERENCE
PUBLIC LJnLITY EASEMENT

WITNESS CORNER

PARCEL B
31-PM-82

1. ALL BEARINGS AND DISTANCES SHOWN HEREON ARE MEASURED UNLESS OTHERWISE NOTED.

2. ALL DISTANCES AND DIMENSIONS SHOWN ARE IN FEET AND DECIMAL PARTS THEREOF.

3. ALL RECORD INFORMATION SHOWN IS FROM STANISLAUS COUNTY RECORDS.

C10
C11
C12
C13
C14
C15
41·25•45" 50.00' 36.15'
41'50'59" 50.00' 36.52'
45'27'38" 50.00' 39.67'
38'44'.22" 50.00' 33.81'
23'09'31" 50.00' 20.21'
15•34'51 • 50.00' 13.60'
C25 41·25•45• 50.00' 36.15'
C26 41'50'59" 50.00' 36.52'
C27 45'27'38" 50.00' 39.67'
C28 38'44'.22" 50.00' 33.81'
C29 90•00·00· 20.00' 31.42'

COMPANION LANE
-+� '\
'°-�- r
FOUND 3/4" IRON PIPE WITH
PLASnc PLUG IN MONUMENT
WELL. STAMPED 1S 8040 ..

PER (
I)
COUNTRYSIDE, PHASE 2
45-M-04
N89'43'37"E 640.09'
FOUND 3/4" IRON PIPE!
TAGGED "LS 8040 .. PER (I)
100.01'
�r
FOUND 3/4" IRON PIPE
TAGGED "LS 8040" PER (I)
WC 127.86'
22 8,352 S.F.
21 8,361 S.F.
oJ WC 128.00' 128.00' oJ WC
20 11
8,370 S.F. 8,375 S.F.
-- -- -- --
10 8,376 S.F.
--- -----.... --- -----....
/ ¢-:O:� "' 19 12 / �:a:� "'
/ ✓ c-<'A '\ / ,/ c-6'� '\
128.00'
7,404 S.F.
1 5,576 S.F.
\ \
12 I t8
J 20.oo·

20.00' -
I

20.00'
N.09'04 '22"E 100.66'
0 _ _..!.!!:"::::....:::. .!;!:...::......:..=..:=---1.-:0: 'ic, J' WC � I
5,554 S.F.

J' WC N89'04'22"E 101.JO'
0 I�
t8
I
I , 'a
/ �;P- '
� p\� \
7,400 S.F. 7,400 S.F.
/ �
✓Pp\� \
oywg8J"J2'os"F Bs.s,· /_,£ t_\ NBJ'o1'2J"£ 7B-8J, wco oJ, S
BYJ2'o5"F 7B.B9' / l \
\ NBJ'01'2J"£ 78.B;
'
fco 8
\ :\ 0
\ ). : I
;. ! "" I
\
: � J71
i
�
;.
.
l2
-
\� <i/ 18 ..,:� 13 ° 8 '=� o !'110 J' WC
-
5,589 S.F.

N89'04 '.22 •E 101. 95'
C')\ � C20 � C14 C.:. :':, C5 �
I 1;;/ �\, .._ �0, N89"44'J9"E 98.16' 0 N89'44'39"E 98.16' , '---; �, NB9'44'J9"E 98.16' 8 4 ~
1 -i, � I
- ,�r:r- 19 3• WC OJ. WC
C15
n
,
�-, .....

I
- .r r c,
,. wc
o
18 �625 SF. I
18 LOT A - BASIN , ' !.i.J � ( ' 1;;/ 14
,o\ � � (°' 7
1;;/ "'89'04'.22"E 102.59'
I ,0,
� � i--_ 1 7 ti i--_ � � i--_ ~ 0
J' WC
/Y< • ; '
16•
587 S.F. I l'J � � I 4,992 S.F. IO 4,992 S.F. I � >- �- � I 4,992 S.F. �
I • - � .__....._20.00' DEDICAnON
I ,0,� � � �'o' I NB9'44'J9"E 100.00' 0 NB9'44'J9"E 100.00· I ,0,11 � ; �-o' I NB9'44'J9"E 100.00• 0 FOR CENTRAL AVE
, -� � - �- ' J' WC
0 3• WC ; -�
- "i' ' J' WC I �
� � I
K c:i
I ti
It �I � s 1
10 rg;g,{ :g' ,:ff,� ":;J,/:fsr J 'o' \,:., l 5,J.f SF. � 5,J.f SF. j J \,: ill
l
�58�
SF.
--
\
�
R! __ B, 194 s.F.
)
:o!
CORNER OF SECTION JO PER {E} ,., I J' � \ - ,., I J. � \ - ,., I l -,20.00·

20.00'jL ___ FOUND J/4" IRON PIPE ___ 'o'---�"""B-4.;.;. .5;:1_·-= __ __,_j
,
o'_/v� ��:- I �oo-.- ,0J �o.;; --::_/CJ�
��'o'•--1.l __ ..:.-B:..::o:.o..;;.o=· �--....;o'·--_....;B::;.;;J.;;.;;.J..;;.o_· ___ ----_,o'_/CJ' PER (B}
(D). NO TAG�r _______ """!"'_
,
_____ , _ k--_____
, _-__________
, _, _
1 "!"
60 _
.o
_
o
_
· _____ -_0
, _-----,+<i!!"""'" ____
,
-...,. _ ________
,
_
-
�
1 --
63 ...
. J
�o-
· -- -------------�d -�- 132.46' 256.00' _,. ..._ 251.65' - g 6 O 11'

10.00' DEDICAnON

FOUND CONCRETE MONUMENT IN
MONUMENT WELL. NO TAG OR
MARKINGS ON MONUMENT.

FOUND AND HELD SWING nES

IN PAVEMENT PER (C)
-�_._I __ .A
1- r-
: 8. J � 4 .
-@----�!

J FOR KENTUCKY AVE
©
g I NB9'44'J9"E 1320.22' KENTUCKY A-VEi-NUE- ----
: I
DATE: 5/6/2022 15:07 FILE: M:\ 141605\Survey Drawings\COUNTRYSIDE PHASE 3 FM\03-MAP PH 3.dwg BOOK PAGE SHEET J OF J

WAIER VALVE

FIRE HYDRANT

BLOWOFF VALVE

DRAIN INLET

STANDARD MANHOLE

WAIER UNE

SANITARY SEWER

STORM DRAIN

TYPICAL STREET LIGHT

STANDARD DRIVEWAY

DIRECTION OF FLOW
LEGEND

EXISTING
-Qs'
M
•
- ---li,:r- ---
------{t----
----1 8''W 1---
---< 3"5 1---
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TOP OF CURB ELEVATION

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36 _J

VESTING TENTATIVE SUBDIVISION MAP
COUNTRYSIDE - PHASE 3

BEING SUBDIVISION OF A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, T.2S., R.10£.,

MOUNT DIABLO BASE AND MERIDIAN

COUNTY OF STANISLAUS, STATE OF CALIFORNIA
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21 8361 SF
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20 8366 SF
19 7404 SF
12 7404 SF
128
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SSMH RIM= 146.0
140.18 6" INV{S)
86' 79'
SSMH RIM= 146.4
140.50 6" INV{S}
79'
147.2
18 5053 SF
98'
17 4992 SF
100'
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VICINITY MAP
OWNERS

PRAWEE SONGSATERM
BRYAN AND CAITLIN BOmNI
162 SOUTH SONR/SA STREET
MOUNTAIN HOUSE, CA 95391

STATEMENT OF SUBDIVIDER
1 ASSESSORS PARCEL NO: 062-022-020
2 EXISTING ZONING: R-1
3 PROPOSED ZONING: PO
N.T. S.

SUBDIVIDER
McROY-WILBUR COMMUNITIES, INC.
2909 COFFEE ROAD, SUITE 12A
MODESTO, CA 95355
(209) 491-5450
4 EROSION CONTROL PER CITY OF RIVERBANK ORDINANCES AND STANDARDS. 5 FRONT YARD DEPTHS AND BUILDING LINES PER CITY OF RIVERBANK ORDINANCES AND STANDARDS.
6 WATER SUPPLY: CITY OF RIVERBANK.
7 SEWAGE DISPOSAL: CITY OF RIVERBANK.
8 STORM DRAINAGE: CITY OF RIVERBANK.
9 EROSION CONTROL PER CASQA STANDARDS AND CITY OF RIVERBANK.

IO TREE TYPE AND LOCATION SHALL BE DETERMINED BY CITY OF RIVERBANK. 11 ALL IMPROVEMENTS AND PUBLIC FACILITIES WILL BE INSTALLED OR CONSTRUCTED AT THE TIM£ OF DEVELOPMENT. ALL IMPROVEMENIS SHALL

BE CONSTRUCTED IN COMPLIANCE WITH THE MUNICIPAL CODE, REGULATIONS, AND RIVERBANK CITY STANDARDS.
10 A GENERAL PLAN AMENDMENT {GPA} AND REZONE APPLICATION HAS BEEN FILED CONCURRENTLY WITH THIS MAP.

NOTES:

I STREET IMPROVEMENTS SHALL BE INSTALLED PER CITY OF RIVERBANK STANDARD SPECIF/CATIONS.
2 ALL EXISTING WELLS AND SEPTIC TANKS SHALL BE REMOVED AND/OR ABANDONED AS PER STANISLAUS COUNTY ENVIRONMENTAL RESOURCES DEPT. STANDARDS ,,.
3 ALL BUILDINGS, STRUCTURES ANO TREES SHALL BE REMOVED PRIOR TO DEVELOPMENT. 4 QUITCLAIM AND ABANDONMENT OF 0/D 's Pf PELINES WILL BE CONSIDERED BY 0/D ONLY AFTER TH£ PROPOSED PRIVATE /RR/GA TION PIPELINE ALONG TH£ SOUTH SIDE OF KENTUCKY AVENUE IS INSTALLED.
5 THE SITE IS BAS/CALLY FLAT WITH SOM£ MOUNDING.
6 EXISTING IMPROVEMENTS SHOWN WERE ACQUIRED FROM RECORD INFORMATION AND SHALL BE VERIFIED IN THE FIELD.
7 TOTAL AREA OF THIS SUBDIVISION IS 4.56 ACRES± {5.48 UN/IS/NET ACRE} CONTAINING 25 RESIDENTIAL LOTS WITH 3 LOTS BEING UTILIZED FOR AN INTERIM STORM DRAINAGE BASIN.
8 THE SUBDIVIDER HERBY RESERVES THE RIGHT TO FILE MULTIPLE SUBDIVISION MAPS AS SET FORTH BY THE SUBDIVISION MAP ACT, ARTICLE 4, SECTION 66456. I.

VOLUME CALCULATION:

VOLUME {AC. FT.) = CAR/12
C = 0.55
A = 5.32 ACRES R = 2.88 IN
V = (0.55 X 5.32 X 2.88) / 12
V = 0. 70224 AC. FT.

CAPTURE STORM WATER FROM
SWALE APN; 082-03HJ03
V = 0. 70224 AC. FT. X 43,560 S.F. = 30,590 C.F.

V = 30,590 C.F. = 228,81D GAL
f 20'
12' EP
2%
10' ROW
PU£
5'

SIDEWALK
SIDEWALK PE:7
CITY STDS.

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28'
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CITY STDS. CURB & GUTTER
PER CITY STDS.

FL
42'

EXISTING
ROW
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2%-4%
f
20'
28'
BASIN CAPACITY CALCULATION:

TOTAL VOLUME REQUIRED: V = 30,590 C.F. = 228,81D GAL
BASIN VOLUME: {8,459 SF BOTTOM + ID,448 SF HW} / 2 = 9,454 S.F. {AVG) : 9,454 SF X 2' OEEP = 18,907 C.F.

HORIZONTAL DRAIN VOLUME· {271 L.F. PERC TRENCH X 15' WIDE X 8' DEEP} = 32,520 C.F.

DEDUCT 24" PIPE = 3.14 X 1' X 247 L.F. = 776 C.F. FROM 32,520 C.F. = 31,744 C.F.

DRAIN ROCK CAPTURE VOLUME: 31,744 C.F. X 0.35(ROCK VOIDS) = 11, 1/D C.F.

HORIZONTAL DRAIN SYSTEM CAPTURE VOLUME = 11,886 C.F.

TOTAL CAPTURE VOLUME = 30,793 C.F. = 230,332 GAL
BASIN PERGOLA TION CALCULATION:

TOTAL VOLUME REQUIRED: V = 228,810 GAL
PERCOLATION RATE: 12.82 GAL/S.F./DAY (AVERAGE)
: 6.41 GAL/S.F./DAY {SAFETY FACTOR OF 2)
BASIN VOLUME PERCOLATED: 6.41 GAL/S.F./DAY X 9,454 S.F. = 6D,600 GAL/DAY DRAIN ROCK AREA: A., = BOTTOM AREA + HALF OF SIDE AREAS : A.,
= [B L.F. + 15 L.F. + 8 L.F.} X 271 L.F.
: A., = 8,401 S.F.

HORIZONTAL DRAIN PERCOLATION: 8,401 S.F. x 6.41 GAL/S.F./DAY : 53,850 GAL/DAY
TOTAL PERCOLATION PER DAY.· 114,450 GAL/DAY
TOTAL PERCOLATION VOLUME IN 48HR: 228,901 GAL
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ATTCHMENT 2

Page 1 of 2 ends

Item 11.3 – CC/LRA 06-28-2022

RIVERBANK CITY COUNCIL / LOCAL RDEVELOPMENT AUTHORITY
AGENDA ITEM 11.3
SECTION 11: NEW BUSINESS
Meeting Date: June 28, 2022
Subject: Resolution of the City Council of the City of Riverbank, California, to Approve a Subdivision Improvement Agreement for Crossroads West Unit 2 with DMG Development, LP and Authorizing the City Manager to Execute the Agreement
From: Marisela H. Garcia, City Manager
Submitted by: Donna M. Kenney, Planning and Building Manager

RECOMMENDATION
It is recommended that the City Council consider the attached resolution approving the Subdivision Improvement Agreement with DMG Development, LP for Crossroads West Unit 2 and directing the City Manager to execute the agreement.

SUMMARY
On October 1, 2019, the Planning Commission approved Large Lot Tentative Map No. 05-2018 and Preliminary Development Plan 02-2018 at Crossroads West for the Machado Party. On November 12, 2019, the City Council adopted Ordinance No. 2019- 007, approving a Development Agreement with the Machado Parties and the Harrigfeld Parties for the Crossroads West Specific Plan. On September 23, 2021, the Development Services Department with Resolution 2021-001 approved Tentative Parcel Map 02-2021, pursuant to and consistent with the Crossroads West Specific Plan, the Large Lot Map, and the Preliminary Development Plan.

One of the last steps in the subdivision map process is the approval of a final map which subdivides the parcel into the individual lots planned for homes, streets and utilities, and parkland or other public areas. Commonly, there are two ways to achieve a final map. The first way is for the developer to install all required infrastructure improvements (roads, street lighting, water/sewer lines, etc.) in advance of requesting the final map. The second way is to enter into a Subdivision Improvement Agreement (“SIA”) and submit bonds, which provide security for the City that the improvements will be completed as required by the tentative map conditions of approval. In the past, the

Page 2 of 2 ends

Item 11.3 – CC/LRA 06-28-2022
City has used both methods depending on the individual needs and timelines of each project.

DMG Development, LP has begun the process of on-site grading and installing infrastructure improvements. They have requested the Council consider approving their final map (also agendized for this Council meeting). As such, the Riverbank Municipal Code (“RMC”) requires that a Subdivision Improvement Agreement be approved in advance of the approval of a final map.

The estimated cost of the required infrastructure improvements for Crossroads West Unit 2 are approximately $4,766,013.00. This estimate has been reviewed and approved by the City Engineer. RMC §152.076 requires that two specific improvement securities be filed with the City: the first security (bond) shall secure faithful performance of the agreement in an amount equal to 100% of the estimated cost of the improvements and the second security shall secure the obligations set forth in Cal Govt.

Code §66499.3(b) of payment of the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvements, and shall be in an amount equal to 50% of the total estimated cost of the improvements. The Municipal Code provides a variety of options for developers to provide these securities, including the provision of bonds to the City Clerk. The City Attorney reviews these documents as to form.

ATTACHMENTS

1. Draft City Council Resolution 2022 -
Exhibit A - Subdivision Improvement Agreement between the City of Riverbank and DMG Development, LP for Crossroads West Unit 2 – without attachments

Page 1 of 2 ends

CC/LRA – 06/28/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA

APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT FOR CROSSROADS WEST UNIT 2 WITH DMG DEVELOPMENT, LP AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, DMG Development, LP is the property owner of Crossroads West Unit 2, a proposed 160 lot subdivision on approximately 19.33 gross acres; and WHEREAS, on October 1, 2019, the Planning Commission approved Large Lot Tentative Map No. 05-2018 and Preliminary Development Plan 02-2018 at Crossroads West for the Machado Party; and
WHEREAS, on November 12, 2019, the City Council adopted Ordinance No. 2019-007, approving a Development Agreement with the Machado Parties and the Harrigfeld Parties for the Crossroads West Specific Plan; and WHEREAS, on September 23, 2021, the Development Services Department with Resolution 2021-001 approved Tentative Parcel Map 02-2021, pursuant to and consistent with the Crossroads West Specific Plan, the Large Lot Map, and the Preliminary Development Plan; and
WHEREAS, significant infrastructure improvements are needed in order to serve the area for future growth; and
WHEREAS, DMG Development, LP will be the builder for Crossroads West Unit 2; and
WHEREAS, DMG Development, LP will be requesting that Council consider approval of a final map for Crossroads West Unit 2 at tonight’s City Council meeting; and WHEREAS, the Riverbank Municipal Code requires that if improvements are not complete when the final map is considered for approval, a subdivision improvement agreement be entered into; and
ATTACHMENT 1

Page 2 of 2 ends

CC/LRA – 06/28/2022
CC Resolution 2022-
WHEREAS, the Subdivision Improvement Agreement has been developed in cooperation with DMG Development, LP and City of Riverbank staff.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby declares the following:

1. The City Council approves the Subdivision Improvement Agreement as presented (Exhibit A); and

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________ ________________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: Exhibit A – Subdivision Improvement Agreement

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 1 ends

SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE CROSSROADS WEST UNIT 2 SUBDIVISION
(APN 074-010-006)
This SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into this _____ day of ___________ 2022, by and between the City of Riverbank, a California municipal corporation (“City”) and DMG Development, LP (“Subdivider”). City and Subdivider may herein be referred to individually as a “Party” and collectively as the “Parties”.

There are no other parties to this Agreement. This Agreement is made with reference to the following:

RECITALS
A. Subdivider is possessed of a tract of land consisting of a portion of APN 074-014- 006 of approximately 19.33 gross acres, lying in the City of Riverbank, County of Stanislaus, California, known as “Crossroads West Unit 2 (“the “Subdivision”).

B. On October 1, 2019, the Planning Commission approved Large Lot Tentative Map No. 05-2018 with conditions of approval (the “Tentative Map” or “TM”) and Preliminary Development Plan (“PDP”) 02-2018 for the Machado Party. Resolution No. 2019-015 approving the TM and PDP is attached hereto as Exhibit A and incorporated herein by reference (the “TM & PDP Resolution of Approval”). In addition, on September 23, 2021, the Development Services Department with Resolution 2021-001 approved Tentative Parcel Map 02-2021, attached hereto as Exhibit B and incorporated herein by reference (the “Resolution of Approval”).

C. On November 12, 2019, the City Council adopted Ordinance No. 2019-007, approving a Development Agreement with the Machado Parties and the Harrigfeld Parties for the Crossroads West Specific Plan (APNs 074-011-004, 074-011-009, 074-014-006, and 074-006- 016).

D. The Tentative Map is subject to the Subdivision Map Act (Gov. Code § 66410 et seq.) and the City’s ordinances and regulations related to the filing, approval, and recordation of subdivision maps (together, the “Subdivision Laws”) and the requirements and conditions contained in the Resolution of Approval.

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: City Clerk
Exempt from recording fees
(Gov. Code §§ 6103 and 27383)
(Space above this line for Recorder’s use)

EXHIBIT A

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 2 ends

E. Complete improvement plans for the construction, installation, and completion of the improvements (“Improvement Plans”) have been prepared by Subdivider and approved by the City of Riverbank City Engineer (“Engineer”) and Community Development Director or their designee (“Director”).

F. Subdivider will present to the City a proposed final map (“Final Map”) for the Subdivision, pursuant to the provisions of the Subdivision Laws for approval and recordation.

G. In order for the City to approve and record a Final Map for the Subdivision, the Subdivider must either complete all of the improvements required by the Subdivision Laws, Resolution of Approval, Improvement Plans and Tentative Map (“Improvements”), or execute an agreement with the City to complete the Improvements within a specified period of time.

H. In order for the City to approve and record a Final Map for the Subdivision, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider’s sole cost, expense and risk, all of the Improvements required in connection with the Subdivision, including but not limited to grading work, constructing and installing the Improvements, and all labor that is required to complete these tasks to the satisfaction of the City (“Improvement Work”).

I. Subdivider has secured this Agreement by depositing security with the City consisting of a cash deposit, bonds, or letter of credit in forms acceptable to the City to secure the securities required under Section 11, below, in accordance with the terms provided herein (the “Securities”).

NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the Parties agree as follows:

AGREEMENT

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 3 ends

4. Installation of Required Improvements. Subdivider agrees to furnish, construct and install at Subdivider’s own expense the Improvements, as shown on the Improvement Plans, which are to be installed to the sole satisfaction of the Director and will be on file in the Development Services Department. The Improvement Plans may only be modified by the Subdivider subject to prior written approval by the Director.

5. Subdivider’s Obligations. Subdivider shall perform each of the following, at all times, throughout the term of this Agreement:

D. Furnish and pay for all necessary equipment, labor and materials to complete the Improvements in conformity with the Improvement Standards.

F. Provide safe access for inspection by the City to the Improvements.

H. Perform all construction work related to installing the Improvements between 6:30 a.m. and 6:30 p.m. on weekdays and between 8:00 a.m. and 5:00 p.m. on weekends and legal holidays, unless otherwise approved in writing by the Director.

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 4 ends

K. Obtain and comply with all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees and taxes required by law.

6. Estimated Cost of Improvements. The total estimated cost of the Improvements, as provided by Subdivider and reviewed and confirmed by the Engineer and Director, is Four Million, Seven Hundred Sixty-Six Thousand, Thirteen Dollars and 00/100ths Cents ($4,766,013.00).

Prior to acceptance, at City’s request, Subdivider shall supply the City with appropriate lien releases, at no cost to and in a form acceptable to the City.

A. The irrevocable offer of dedication or conveyance to City of appropriate rights-of-way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements; or B. The issuance of an order of possession by a court of competent jurisdiction pursuant to the State Eminent Domain Law (Cal. Code Civ. Proc. § 1230.010 et seq.). Subdivider shall comply in all respects with any such order of possession.

9. Final Acceptance of Work. Acceptance of the Improvement Work on behalf of the City shall be made by the City Council upon recommendation of the Engineer and Director,

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 5 ends

after satisfactory completion and inspection of all Improvements. Such acceptance shall not constitute a waiver by the City of any defects or deficiencies in the Improvements.

11. Securities. Concurrently with or before the Effective Date of this Agreement, Subdivider shall furnish to the City:

A. Faithful Performance Security. The Subdivider shall file with this Agreement, two improvement securities, each to be in an amount based upon the total estimated cost of the improvements as determined by the City Engineer. One improvement security shall secure faithful performance of the agreement and shall be in an amount equal to 100% of the estimated cost of the improvement. The second improvement security shall secure the obligations set forth in Cal. Gov’t Code Section 66499.3(b), for payment of the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvements, and shall be in an amount equal to 50% of the total estimate cost of the improvements. Such improvement securities shall be in one of the following forms:
i. A cash deposit or deposits.
ii. A bond or bonds issued by one or more duly authorized corporate sureties.
iii. A savings and loan certificate and/or share.
iv. An instrument or instruments of credit from an agency of the state, federal or local government when any such agency provides at least 20% of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulations by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payments and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument.

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 6 ends

v. Any other form of improvement security authorized by the Subdivision Map Act, including the deposit, with a responsible escrow agent or trust company approved by the Council, of money or negotiable bonds of the kind approved for security deposits of public money.

B. Guarantee and Warranty Security. Securities to guarantee workmanship shall be in the amount of ten percent (10%) of the estimated cost of the Improvements, as stated in Section 6 above, to guarantee and warrant the Improvements for a period of one (1) year following their completion and acceptance against any defective work or labor done, or defective materials.

C. Forfeiture of improvement security. In the event the Subdivider shall fail to complete all improvement work in accordance with the provisions of this chapter and the city shall have to complete same, or if the Subdivider shall fail to reimburse the city for the cost of imprecation, engineering, fees and incidental expense, the city shall call on the surety for reimbursement, or shall appropriate from any cash deposits, savings and loan certificates and shares, or instruments of credit, funds for reimbursement. In any case, if the amount of the surety bond, savings and loan certificate and shares, instruments of credit, or cash deposit shall exceed all cost and expenses incurred by the city, it shall release the remainder of such bond, savings and loan certificate or share of cash deposit. If the amount of the surety bond, savings and loan certificate and share, instrument of credit, or cash deposit shall be less than the cost and expense incurred by the city, the Subdivider shall be liable to the city for such difference.

E. Records. Evidence of the Securities required by this Agreement shall be kept on file with the City Clerk. If the City Council gives specific, written approval to replace the Securities by another approved security, such replacement Securities shall be filed with the City Clerk and, upon filing, shall be deemed to be incorporated into this Agreement. Upon filing of replacement Securities with the City Clerk, the replaced Securities may be released.

12. Release of Securities. The Securities required by this Agreement shall be released in accordance with the Subdivision Laws and the following provisions:

A. Release of Improvement Security. Improvement securities may be release or reduced, in whole or in part, only in the time and manner prescribed in Cal. Gov’t Code Section

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 7 ends

66499.7, as it now exists or is hereafter amended, and only after certification by the City Engineer that the work covered thereby has been satisfactorily completed and upon approval of the Council.

B. Guarantee and Warranty Securities. The Securities provided for guarantee and warranty of workmanship shall be released after one (1) year following the completion and acceptance of the Improvements, and inspection thereof by the City’s Construction Inspector and approved by the Engineer. If, however, the Engineer and Manger determine there are defects in the Improvements that require correction pursuant to Section 10 above, the Manager shall utilize the Securities to make all necessary corrections, including payment of reasonable expenses and fees and attorney’s fees.

13. Inspections.

A. The City reserves the right to inspect all Improvements at any time.

Subdivider shall at all times maintain safe access for inspection of the Improvements.

C. Subdivider shall bear all costs of inspection and certification, including but not limited to the direct costs of all third-party inspection agencies and City inspection consultants.

14. Default of Subdivider.

A. Default of Subdivider. Events of default by (“Default”) by Subdivider may include, but shall not be limited to, any of the following:
i. Subdivider’s failure to timely complete construction of the Improvements;
ii. Subdivider’s failure to timely cure any defect in the Improvements to the satisfaction of the Director;
iii. Subdivider’s failure to timely deposit additional Securities as may be required by this Agreement;
iv. Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Subdivider fails to discharge within thirty (30) days;
v. the commencement of a foreclosure action against the Subdivision or a portion thereof, or any conveyance in-lieu or in avoidance of foreclosure; or

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 8 ends

vi. Subdivider’s failure to perform any material obligation under this Agreement.

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 9 ends

15. Environmental Warranty.

Hazardous Substances include any hazardous or toxic substance, material or waste which is regulated by the State of California, the United States government, or any other governmental authority with jurisdiction over the Property. Hazardous Materials include asbestos and any other hazardous waste or substance which has, as of the date hereof, been determined to be hazardous or a pollutant by the U.S. Environmental Protection Agency, the U.S. Department of Transportation, or any instrumentality authorized to regulate substances in the environment which has jurisdiction over the Property which substance causes the Property (or any part thereof) to be in material violation of Environmental Laws.

B. Prior to acceptance of any Improvements by the City, Subdivider shall provide the City with a written warranty that:

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 10 ends

i. Subdivider and the property being dedicated are in compliance with all Environmental Laws and are not subject to any existing, pending or threatened investigation by a federal, state, or local governmental authority regarding violations of Environmental Laws. ii. Subdivider and its third-party agents, contractors and subcontractors have not used, generated, manufactured, produced, discharged, or released on, under, or about the property to be dedicated, any Hazardous Substance except in accordance with all applicable Environmental Laws.
iii. Subdivider has not caused or permitted the release or discharge of, and has no knowledge of the release, discharge, or presence of Hazardous Substances on the property to be dedicated or the migration of any Hazardous Substances from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

16. Design or Construction Defect.

A. After acceptance of the Improvements, the Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by a latent design or construction defect.

B. Provisions of this section shall remain in full force and effect for ten (10) years following the acceptance of the Improvements by the City.

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 11 ends

19. Indemnity/Hold Harmless.

A. The City and City Agents shall not be liable and Subdivider agrees to indemnify, hold harmless and defend the City and City Agents from any and all claims, costs, and liability for claims of damage, for any property damage or personal injury, including death, which may arise as a result of any negligent acts or omissions by Subdivider or Subdivider’s contractors, subcontractors, agents, or employees in connection with the construction, improvement, or operation, of the Improvements, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Improvements.

B. Acceptance by the City of the Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section.

C. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by the City of the Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or Improvement Work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance, or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any Improvement Work. The Security shall not be required to cover the provisions of this section.

D. City shall not be liable for approving, reviewing, checking, or correcting any plans or specifications or for approving, reviewing or inspecting any Improvement Work.

Nothing contained in this section is intended to, or shall be deemed to, limit or waive any protections or immunities afforded by law to the City or City Agents for the approval of the plan

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 12 ends

or design of the Improvements, including but not limited to the protections and immunities afforded by Government Code section 830.6. Subdivider shall defend, indemnify, and hold harmless the City and City’s Agents from any claim, action, or proceeding against City or City Agents to attack, set aside, void, or annul an approval of the City or City Agents concerning the Subdivision.

A. Proof of Insurance.
i. Subdivider shall provide to the City a properly executed certificate of insurance, in a form satisfactory to the City Attorney for commercial general liability coverage; automobile liability, worker’s compensation and employer’s liability insurance, and excess coverage from an insurance provider approved by the City and licensed by the California Department of Insurance (“Certificates”).
ii. Each Certificate shall provide that such insurance will not be cancelled, reduced in coverage, or allowed to expire without thirty (30) days’ prior written notice to the City.

B. Minimum insurance limits. Contractor shall maintain limits no less than:
i. General Liability. Subdivider shall maintain such commercial general liability insurance with an insurance company admitted in California with an AM Best Rating of not less than A+, as shall protect the City, the City’s Agents, Subdivider, contractors, and subcontractors from claims for damages for personal injury, including death, as well as from claims of property damage which may arise from acts or omissions from Subdivider, contractors, or subcontractors for in relation to this Agreement. The amount of such insurance shall not be less than two million dollars ($2,000,000.00) per occurrence. In addition, Subdivider shall maintain excess liability coverage of not less than Two Million Dollars ($2,000,000) per occurrence. Such insurance shall also:

2. Be primary with respect to any insurance or self-insurance programs covering the City and City Agents.

The foregoing insurance coverage required of Subdivider may be satisfied by Subdivider, or its subcontractors, or a combination thereof.
ii. Automotive Liability Insurance. Subdivider shall maintain automotive liability insurance covering all motor vehicles, including owned, leased, non-owned, and hired vehicles, used in providing services or performing work under this Agreement for bodily

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 13 ends

injury and property damage with a limit of not less than one million dollars ($1,000,000.00) for each occurrence. In addition, Subdivider shall maintain excess liability coverage of not less than Two Million Dollars ($2,000,000) per occurrence. Such insurance shall also:

2. Be primary with respect to any insurance or self-insurance programs covering the City and City Agents.

The foregoing insurance coverage required of Subdivider may be satisfied by Subdivider, or its subcontractors, or a combination thereof.
iii. Worker’s Compensation and Employer’s Liability Insurance.

1. Subdivider shall maintain worker’s compensation insurance in accordance with California Labor Code Section 3700, and shall maintain not less than one million dollars ($1,000,000.00) per occurrence for employer’s liability insurance.

21. No Vesting of Rights. Performance of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.

If to City: City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: Marisela H. Garcia, City Manager

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 14 ends

With copies to: City of Riverbank
6707 Third Street
Riverbank, CA 95367
Attn: Community Development Director
and Brenner White, LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attn: Douglas L. White, Esq.

If to Subdivider:

DMG Development, L.P.
c/o Frontier Land Companies
10100 Trinity Parkway, Suite 420
Stockton, CA 95219
Attn: Thomas P. Doucette
and

23. General Provisions:

A. Governing Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of California.

C. Venue. Venue for any legal proceedings initiated in connection with this Agreement shall be in the Superior Court for the County of Stanislaus.

E. Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 15 ends

of the same or a different provision of this Agreement. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.

I. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.

K. Counterparts. This Agreement may be executed simultaneously or in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

M. Time is of the Essence. Time is of the essence in this Agreement in each covenant and term and condition herein.

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 16 ends

P. Advice of Legal Counsel. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement.

S. Modification. This Agreement may be amended only by a written instrument signed by the Parties. Subdivider shall bear all costs of amendments to this Agreement that are requested by Subdivider.

T. Exhibits. All exhibits attached hereto are incorporated into this Agreement:

IN WITNESS WHEREOF, this Agreement has been entered into by and between Subdivider and City as of the day and year first above written.

SUBDIVIDER:

DMG Development, L.P.

A California limited partnership
By:

Thomas P. Doucette,
President of Frontier Land Companies,
a California corporation
Its General Partner
Date: ______________________________
CITY:

CITY OF RIVERBANK, a California
municipal corporation:

By:

Marisela H. Garcia,
Riverbank City Manager
Date:

SUBDIVISION IMPROVEMENT AGREEMENT
City of Riverbank & CWSP Unit 2

Page 17 ends

ATTEST:

By:

Kathy L. Teixeira, Interim City Clerk
APPROVED AS TO FORM:

By:

Tom Hallinan, City Attorney
California All-Purpose Acknowledgment
State of California )
)
County of Stanislaus )
On , before me , a Notary
Public, personally appeared ____________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

California All-Purpose Acknowledgment
State of California )
)
County of Stanislaus )
On , before me , a Notary
Public, personally appeared Sean Scully who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Page 1 of 2 ends

Item 11.4 – CC/LRA – 06/28/2022

RIVERBANK CITY COUNCIL / LOCAL RDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.4
SECTION 11: NEW BUSINESS
Meeting Date: June 28, 2022
Subject/ Title: Final Map 10-2021 Crossroads West Unit 2 – APN: 074-010-006 From: Marisela H. Garcia, City Manager
Submitted by: Donna M. Kenney, Planning and Building Manager

RECOMMENDATION
Approve the Final Map (“FM”) for DMG Development, LP and Crossroads West Unit 2 based on the required finding that the map is in conformity with the provisions of subdivision law and city code.

BACKGROUND
This item is a request for the approval of Final Map 10-2021 to subdivide approximately

19.33 acres into one hundred and sixty (160) buildable residential lots and associated street, sewer, storm water, park, and water improvements at the southwest corner of Oakdale Road and Westgate Drive (APN: 074-010-006).

On October 1, 2019, the Planning Commission approved Large Lot Tentative Map No. 05-2018 and Preliminary Development Plan 02-2018 at Crossroads West for the Machado Party.

On November 12, 2019, the City Council adopted Ordinance No. 2019-007, approving a Development Agreement with the Machado Parties and the Harrigfeld Parties for the Crossroads West Specific Plan.

On September 23, 2021, the Development Services Department with Resolution 2021- 001 approved Tentative Parcel Map 02-2021, pursuant to and consistent with the Crossroads West Specific Plan, the Large Lot Map, and the Preliminary Development Plan.

Page 2 of 2 ends

Item 11.4 – CC/LRA – 06/28/2022
Pursuant to Riverbank Municipal Code Section §152.074 (C)(2), the City Council shall, at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it is determined to be in conformity with the provisions of law and of this chapter. The Council shall disprove the map if it is determined not to be in conformity with the provisions of law and of this chapter and shall advise the subdivider of its disapproval, and the reason or reasons thereof.

FISCAL IMPACT
None.

ATTACHMENTS

1. Draft City Council Resolution 2022-
Exhibit A - Final Map

2. Tentative Map

Page 1 of 2 ends

CC/LRA – 06/28/2022
CC Resolution 2022-

CITY OF RIVERBANK
RESOLUTION 2022-

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIVERBANK, CALIFORNIA
APPROVING FINAL MAP 10-2021 FOR DMG DEVELOPMENT, LP FOR CROSSROADS WEST UNIT 2 AT THE SOUTHWEST CORNER OF OAKDALE ROAD AND WESTGATE DRIVE (APN 074-010-006)

THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:

WHEREAS, DMG Development, LP is the property owner of Crossroads West Unit 2, a proposed 160 lot subdivision on approximately 19.33 gross acres; and WHEREAS, on October 1, 2019, the Planning Commission approved Large Lot Tentative Map No. 05-2018 and Preliminary Development Plan 02-2018 at Crossroads West for the Machado Party; and
WHEREAS, on November 12, 2019, the City Council adopted Ordinance No. 2019-007, approving a Development Agreement with the Machado Parties and the Harrigfeld Parties for the Crossroads West Specific Plan; and WHEREAS, on September 23, 2021, the Development Services Department with Resolution 2021-001 approved Tentative Parcel Map 02-2021, pursuant to and consistent with the Crossroads West Specific Plan, the Large Lot Map, and the Preliminary Development Plan; and
WHEREAS, the City Engineer and Planning and Building Manager have reviewed the final map and have determined that the plans are in substantial compliance with city standards and with the conditions placed upon the tentative parcel map; and WHEREAS, pursuant to Riverbank Municipal Code Section §152.074 (C)(2), the City Council shall, at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it is determined to be in conformity with the provisions of law and of this chapter.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby authorizes the City Engineer to record Final Map 10-2021 (“Exhibit A”) for Crossroads West Unit 2 and DMG Development, LP upon determination that the map is in conformity with the provisions of state law.

ATTACHMENT 1

Page 2 of 2 ends

AYES:

NAYS:

ABSENT:

ABSTAINED:

ATTEST: APPROVED:
________________________ ________________________
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor

OWNER'S STATEMENT
THE
SOME

UNDERSIGNED, HEREBY STA TE THAT WE ARE THE OWNERS OF, OR HA VE RIGHT, TITZ.E, OR HA VE SOME INTEREST OF RECORD IN THE LAND SHOWN

ON THIS MAP, AND WE CONSENT TO THE MAKING AND THE FILING OF THIS MAP

IN THE OFFICE OF THE COUNTY RECORDER OF STANISLAUS COUNTY, CALIFORNIA

WE OFFER FOR OED/CATION TO THE PUBLIC FOR PUBLIC USE ALL STREETS, A VENUES, ROADS, EASEMENTS, LOT A {FOR PUBLIC PARK PURPOSES}, AND OTHER PUBLIC PLACES AND OED/CATIONS ALL AS SHOWN ON THIS SUBDIVISION MAP.

DMG DEVELOPMENT, LP., A CALIFORNIA LIMITED PARTNERSHIP
BY: FRONTIER LAND COMPANIES, A CALIFORNIA CORPORATION, ITS GENERAL PARTNER BY: THOMAS P. DOUCETTE, PRESIDENT
U.S. BANK NATIONAL ASSOC/A TION, D/B/A

HOUSING CAPITAL COMPANY
DATE:

BY:___________ NAM£· __________ _
IT'S.· -----------

NOTARY STATEMENT
/DENTY
A NOTARY PUBLIC OR OTHER omCER COMPLETING THIS CERT/FICA TE VERIFIES ONLY THE

OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERT/FICA TE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STA TE OF CALIFORNIA )
) S.S.

COUNTY OF ------;
ON _______ , 2022, BEFORE M..___ ____________ _
A NOTARY PUBLIC PERSONALLY APPEARED ______________ ,
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON{S} WHOSE NAME{S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED

TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY{IES}
PERSON{S),
AND THAT BY HIS/HER/THEIR S/GNA TURE{S} ON THE INSTRUMENT THE OR THE ENTITY UPON BEHALF OF WHICH THE PERSON{S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STA TE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND,
SIGNATURE·

NOTARY PUBLIC IN AND FOR

SAID COUNTY AND STA TE

PRINTED NAME
PRINCIPAL COUNTY OF BUSINESS.· ___________ _
MY COMMISSION EXPIRES.· ______________ _
COMMISSION NUMBER OF NOTARY: ___________ _

CITY CLERKS STATEMENT
THIS IS TO CERTIFY THAT AT ITS REGULAR MEETING HELD ON DAY OF ___ , 20_ ,

THE CITY COUNCIL OF THE CITY OF RIVERBANK, COUNTY OF STANISLAUS, STA TE OF

CALIFORNIA, APPROVED THIS FINAL MAP AND ACCEPTED ON BEHALF OF THE PUBLIC FOR

PUBLIC USE, THE STREETS, A VENUES, ROADS, EASEMENTS, LOT A, AND OTHER PUBLIC PLACES AND DEDICATIONS AS SHOWN ON THIS FINAL MAP. SAID APPROVAL IS NOT TO BE CONSTRUED AS ACCEPTANCE OF THE REMAINING STREETS SHOWN THEREON.

DATED THIS DAY OF ______ , 20_ .

MARISELA H. GARCIA, INTERIM CITY MANAGER DA TE
CROSSROADS WEST UNIT 2
BEING A SUBDIVISION OF PARCELS 1 AND 2 AS SHOWN ON THE
PARCEL MAP RECORDED IN BOOK 58, AT PAGE 44, STANISLAUS
COUNTY RECORDS, AND LYING WITHIN THE NORTHEAST 1/4 OF
SECTION 34 TOWNSHIP 2 SOUTH, RANGE 9 EAST, M.D.M., CITY OF

RIVERBANK, STANISLAUS COUNTY, CALIFORNIA
MAY 2022
Ml/£ INC.

MODESTO, CALIFORNIA
1117 •L • STREET
95354
{209) 526-4214

NOTARY STATEMENT
/DENTY

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERT/FICA TE VERIFIES ONLY THE

OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERT/FICA TE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STA TE OF CALIFORNIA )
) S.S.

COUNTY OF
----;
ON _______ , 2022, BEFORE M..___ _____________
A NOTARY PUBLIC PERSONALLY APPEARED-=-=---=-...,__ __________ ,

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)

WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED

TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY{IES}
PERSON{S}, OR
AND THAT BY HIS/HER/THEIR S/GNA TURE(S} ON THE INSTRUMENT THE THE ENTlTY UPON BEHALF OF WHICH THE PERSON{S} ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STA TE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND,
SIGNATURE:

NOTARY PUBLIC IN AND FOR

SAID COUNTY AND STATE

PRINTED NAME
PRINCIPAL COUNTY OF BUSINESS.· ___________ _
MY COMMISSION EXPIRES.· ______________ _
COMMISSION NUMBER OF NOTARY: ___________ _
CLERK OF THE BOARD OF SUPERVISOR'S CERTIFICATE:

THIS IS TO CERTIFY THAT THE OWNER(S) OF THE PROPERTY SHOWN ON THE ACCOMPANYING MAP HA VE FILED WITH THE BOARD OF SUPERVISORS.· {CHECK ONE}
□
□

A BOND OR DEPOSIT APPROVED BY SAID BOARD TO SECURE THE PAYMENT

OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH ARE

AT THE TIME OF FILING THIS MAP, A LIEN AGAINST SAID PROPERTY OR ANY PART THEREOF.

A RECEIPTED TAX BILL OR BILLS OR SUCH OTHER EVIDENCE AS MAY BE

REQUIRED BY SAID BOARD SHOWING FULL PAYMENT OF ALL APPLICABLE TAXES.

ELIZABETH KING DATE

CLERK OF THE BOARD OF SUPERVISORS

STANISLAUS COUNTY

BY DEPUTY
PRINT NAM£·
DATE

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A

FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF DMG DEVELOPMENT, LP. A CALIFORNIA DOMESTIC LIMITED PARTNERSHIP, IN NOVEMBER OF 2021. I HEREBY

STA TE THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS IND/CA TED, OR THAT THEY WILL BE SET ON OR BEFORE MAY 2024, AND

THAT THE MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED,

AND THAT THIS SUBDIVISION MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY

APPROVED TENTATIVE MAP AND THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN.

JAMES N. LANDRUM LS 5837 DA TE

CITY SURVEYOR'S CERTIFICATE

THIS IS TO STA TE THAT I HA VE EXAMINED THE ACCOMPANYING FINAL MAP, THAT

THE SUBDIVISION IS SHOWN SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED AL TERA TIONS THEREOF,· THAT ALL

PROVISIONS OF THE SUBDIVISION MAP ACT AND THE MUNICIPAL CODE APPLICABLE

AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HA VE BEEN COMPLIED WITH, AND THE MAP IS TECHNICALLY CORRECT.

WILLIAM F. KULL, CITY SURVEYOR DA TE
P.LS. 5792
TAX COLLECTOR'S CERTIFICATE:

THIS IS TO CERTIFY THAT THERE ARE NO LIENS AGAINST THE PROPERTY OR ANY

PART THEREOF FOR ANY UNPAID STA TE, COUNTY, SCHOOL, MUNICIPAL OR LOCAL

TAXES, OR SPECIAL ASSESSMENTS, EXCEPT SPECIAL ASSESSMENTS OR TAXES NOT YET PAYABLE AGAINST THE LAND SHOWN ON THIS MAP.

AS TO STA TE, COUNTY, SCHOOL, OR MUNICIPAL TAXES:

DONNA RILEY

STANISLAUS COUNTY TAX COLLECTOR

BY DEPUTY DATE
PRINT NAM£·

PLANNING COMMISSION CERTIFICATE

THIS IS TO CERTIFY THAT THIS SUBDIVISION MAP SUBSTANTIALLY CONFORMED TO

THE LARGE LOT TENTATIVE MAP RECOMMENDED BY THE PLANNING COMMISSION AT A DULY AUTHORIZED MEETING HELD ON OCTOBER 1, 2019 AND APPROVED BY THE CITY COUNCIL AT A DULY AUTHORIZED MEETING HELD ON THE 22ND DAY OF OCTOBER 2019. THE CORRESPONDING SMALL LOT TENTATIVE MAP WAS APPROVED BY DEVELOPMENT SERVICES DEPARTMENT RESOLUTION NO. 2021-001 ON THE 23RD OF SEPTEMBER 2021 PURSUANT TO THE RECORDED CROSSROADS WEST SPECIFIC PLAN DEVELOPMENT AGREEMENT {DOC 2020-0047-67-00)

SECRETARY

DONNA KENNEY DATE

RECORDER'S

OF PLANNING COMMISSION

STATEMENT
FILED THIS ___ DAY OF _____ 2022 AT __ M IN
BOOK __ OF SUBDIVISION MAPS, AT PAGES ___ AT THE REQUEST OF THE COUNTY SURVEYOR.

DOCUMENT No. ----- DONNA LINDER
COUNTY CLERK-RECORDER FEE ________ _
BY DEPUTY SHEET 1 OF 5

EXHIBIT A
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COUNTY RECORDS. AND LYING WITHIN THE NORTHEAST V4 OF
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2" ALUMINUM DISK IN MONUMEN
Y ;,; � 5 4 3 2 1 ,�1 6.31'{M)(G)(J)(L) l+f"LL STAMPED LS 6406 ACCEPTED b lQ_ ,.,, I AS EAST 1/4 CORNER SECTION 34
� "' soo I •34•45 w T2S, R9£ (E}(F}{G}(J}{L}
<t � 1 .,,,,-25. 00'(M)(G)(J)(L) I WESTGATE DRIVE I I
� r--25.00'(M)(L) 299.68''M•'L) l a, soo•3445 w N89'"25'08"W 2645.51(M}(G}(J}(L) N89'"25'08"W 2645.71' (£) N89'"25'10"W 2645.51 (F.l ---:-t--:r----.:--:-:--:---+------...... .;......;�� i 1 �''/•l
'�._--�v.. 20.00'(M}{G}{J}{L) ., • S60"36'51 "W
·. ,,: .:1286.6B(M)(L)-----{_ .·· - 282.96'{M)(L)j � =-·-�-· - 251.04'(M)(J)(L) =··�• ·
··
_
-__ 808.11'(M)(J)(L) --r--+-�- __ --� __ 80.08'(M}{L}� -_.:.:..-,, _ _ . --:,,--_1_6._72_'{.._
:

M:;...a()(l....;;.Z.} __,,,,._ --=-r'--------t-,l?.�------..:8�'4::;;2.�40�·�ru;v.;.a-z.�.}-=--=��--+-------------_ ---.. -r-- ,
. -
--
b 500.02'{M)(L) '\,, �
·
.
.
f/ ! ';:} � t EX. PUBLIC ACCESS AND UTILITY EASEMENT (L) _=-'\._ N00.18'55"W - \ � "t-S89"50't4·ErH) S89'"25'08"E 430. 02'(M)(G)(J)(L) ,,,- I f �
I ¾t;':?-:M:':t/f � f ' �- -/...,...---�-�M-00��-.ggr:J f'i/; N00.18'55"W "".-S44"39'31"E
,:a-r7 A"�,.,=,, AS � � I
'\....
20 00'/M_l/L) 28.60 '(M)(L)
INTER/OF/QUARTER � 24 25 26 27 28 29 30 31 32 33 ;t I
�! . l' '/I' S45'04 '37 '£
CORNER SECTION 34 .._ � 34, 35 36 37 38 39 40 41 42 43 44 45 46 {�}(C}({;{F}{G}(J}(L}

28. 40'{H}
t- -c - - -- -r - - -� - - - -� I -- - - - -- - - - -- - - >--- -r- -�r--,.

I�
� ., ,\
�.---- -=:::--T -SHORELINE DRIVE-� - - - -�-SHOREUNE DRIVE - - r+--------1 '
N
enstw::......,....r----84j I � 1122- -fDI I T �- - 7 I r,i7- -991 ITr 198 -- Bs � //47
39·'''(11)(lF 83 ! i I 121 124 : I I � Iii' LOT A I I : 136 100 I � I 97 (:> ; I I � :

1.'"''5 ;
�
'(;, 1-----=----�-_J I : � : �� I �
N89'25'08"W

5.00'(M)(L)
82 I ts I 120 :.:;, 1 \i'- � I 135 101 I 1:: 9
'4 � \ 87 �
i t---'--t .... \ �i� - HARMONY C/RCLE__J i--:-------if----.1..-j I �' ; I � � 81 I ; I 119 � � V - -- -- - -------::: I 102 I � ��\i' 88 I
ii
� � I !!; J 126 -:J - -
134- Ir,.;,_ --+--------+-l Ci
80 :
�
:
n8 I,.� 10 128 129 1:Jo 131 132 w 10:J
�
I
I J, 94 89 j
79 I I 117 �\f ·.---------,--�,---'---,----'-------,------'-----,----'------.-----'--.--------r--� 1a 1 ' 93 90 I
I ....___ I
112 111
I I
- t--- -- - -
r-- - - PORTS/DE DRIVE-- - --- - --- - --- PORTS/DE DRIVE - --- - t � � I ,--�-�----,-----,-----,---,--,---r---r--,---,---,----.---.----.------r-----.--------. I I �::�?:J· f I 77
.... � --i., � --7; 7;J
-
72 --
.,,, 70 --,;;· 68 67--6; 64
-
64-- 6:J 62--61- 60 :9--;i
I CON (6" CONC.

I I MON W/ BRASS 76 · N89'25'08"W
I 48
I
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49 I 50
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I 56
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....

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1 50.00'{M)(L}
!
I
MAY2022
MVE, INC.

MODESTO, CALIFORNIA
1117 •L • STREET
95354,
(209) 526-4214
100 200 300
I I I
SCALE: 1"=100'
LEGEND
•
@
---l
0 '
'

FOUND MONUMENT AS NOTED
SET 3/4" IRON PIPE W/PLUG LS. 5837 IN

MONUMENT WELL PER CITY OF RIVERBANK

STANDARDS
SET 1/2" IRON PIPE W/ PLUG LS. 5837 OR BRASS TAG
AND NAIL STAMPED LS. 5837@ LOT CORNERS
SET 3/4" IRON PIPE W/PLUC LS. 5837
S.C.R.

CALCULATED POINT - NOTHING FOUND OR SET

STANISLAUS COUNTY RECORDS
{Rf)
(M)
P.U.£
(R)
w.c.

SEE SURVEY REFERENCES

MEASURED BY THIS SURVEY

UNLESS OTHERWISE NOTED

PUBLIC UTILITY EASEMENT
RADIAL

WITNESS CORNER

LOT LINE

CENTERLINE

SECTION/FRACTIONAL SECTION LINE

RIGHT OF WAY

BOUNDARY LINE
OAKl,?EW TRACT LOT LINE

BASIS OF BEARINGS
THE BEARING OF NORTH 0018'55" WEST BETWEEN MONUMENTS FOUND ALONG

THE CENTERLINE OF OAKDALE ROAD AT THE NORTHEAST CORNER OF SECTION 34 AND EAST QUARTER CORNER OF SECTION 34, AS SHOWN ON RECORD OF SURVEY 33-70, BEING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34/2/9.

GENERAL NOTES:

1. ALL BEARINGS AND DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.

2. THE TOTAL AREA SUBD/1,?DED BY THIS MAP= 23.89 ACRES. CONTAINING 137 RESIDENTIAL LOTS, LOT A, RIGHT OF WAY DEDICATIONS ALONG

OAKDALE ROAD, WESTCA TE DRIVE, SA TINLEAF DRIVE, CASTLE OAKS LANE,

STARWOOD DRIVE, SPINNAKER LANE, SHORELINE DRIVE, HARMONY CIRCLE,

HARVEST CREEK DRIVE, PORTS/DE DRIVE, REGATTA LANE, AND

DRA WBRIDCE WAY BEING DEDICATED TO THE CITY OF RIVERBANK BY THIS MAP.

3. LOT CORNERS.· SET 1/2" IRON PIPE W/ PLUG LS. 5837 OR BRASS TAC

4. WESTCA

AND NAIL
TE

STAMPED

DRIVE WAS
LS.

PREl,?OUSL
5837@
Y
LOT
NAMED

CORNERS
CRAWFORD ROAD.

SURVEY REFERENCES
(A)
(B)
{C)
{D)
{E)
(F)
C0R. SEC. 34 FD. CONC.

PARCEL MAP 55-78
PARCEL
SUBD/1,?S/ON
MAP 16-104
MAP 18-39
OAKl4EW TRACT 6-8
RECORD OF SURVEY 33-70
RECORD OF SURVEY 33-86
(G)
(H)
{!)
(J)
{K)
(L)
PARCEL MAP 58-26
DOC# 2003-011386
SUBD/14SION
DOC# 2004-0048524
MAP 44-94
RECORD OF SURVEY 32-98
PARCEL MAP 58-44
1 , PLA 7E)(E)(K)(L) N89•2�•o
8"W S00"34'52"W 954.00'(M)(L) A 148.00 '(M}(L) 10.00'(M)(L) 8 -94 DOC#.20!_D:_OOBDO 'iB
__ _A� _ _ CLARIBEL ROAD_.!:!89'"28'18"W2642.71'(M)(LJ 4 8 -v-,7'4 SECTION UN£ N89'"28'13•w 2642.88'{£) N89'"28'15"W 2642.69'{F) N, ,.,,'8
,....,..
'9'"2.
='8
=1·
-,.
4"w 2642.92' (K)
N00'34'52"E

7.22'{M)(L)
----------
I S89.25'08"E
152. 49 '(M}{L} I • � I
----- 84 -···.
- �

MON W/ BRASS DISK IN HE'LL
8 6
STAMPED •cLARIBEL 1973"
9 (CPS MON. 2826}(E)(F}(K)(L) SHEET 2 OF 5
LOT2
3/4" IRON PIPE W/ PLUG
L. S. 5837 {L)
--�N16'42'40"E
48--.30'{M}{L)
SEE DETAIL "A "
LOT7---+--
3/4" IRON PIPE W/ PLU)
LS. 5837 (L) I
I
I
----- <..,.
t,j1
13 6729 SF • �,°it) .._
,;::. . ---,�
I /•· _____ s._'8..:..:;=-=-.;�=-=--�.:...· __ E--1--1
S56'31 '59 "E

21.13'{M)(L) 3/4" IRON PIPE W/ PLUG
L.S. 5837 {G){J)(L)
;It
� -�
� Oj � II)
587'23'52"£ 134.59' M l)

54.50' 54.00'
;It
� 15 g � 16 5440SF ... � 5655 SF
II)
S00'19'11 "E
100.13'(M)(G)(J)(L)
3/4" IRON PIPE W/ PLUG
L.S. 5837 {G){J)(L)
S02'36'08"W
,---t--7'::.---11-==48.00'{M){G){J)(L)-
-83.94' -
17 6506 SF
101.47'
S89'25'08"£
3/4" IRON PIPE W/ PLUG
L.S. 5837 {G){J){L)
LOT2
CROSSROADS WEST UNIT 2

BEING A SUBDIVISION
PARCEL
OF PARCELS I AND 2 AS SHOWN ON THE
MAP RECORDED IN BOOK �8, AT PAGE 44- STANISLAUS
COUNTY RECORDS, AND LYING WITHIN THE NORTHEAST 1/4 OF
SECTION 34 TOWNSHIP 2 SOUTH, RANGE 9 EAST, M.D.M., CITY OF

RIVERBANK, STANISLAUS COUNTY, CALIFORNIA
MAY2022
MV£ INC.

MODESTO,
1117 •L • STREET
CALIFORNIA 95354
LEGEND
•
@)
{209) 526-4214

FOUND MONUMENT AS NOTED
O.,Ll}( VI .£'J,,Y
1R.,Ll C 7 I t g
I � 12 lg
,
�
- I
� �,
1--

MONUMENT
SET 3/4" IRON PIPE W/PLUG LS. 5837 IN

WELL PER CITY OF RIVERBANK

STANDARDS
SET 1/2" IRON PIPE W/ PLUG LS. 5837 OR BRAS.

TAG AND NAIL STAMPED LS. 5837 @ LOT CORNERS
VOL f} p .,L] G .£'
PDR. Lor
LOT6
B
f}
I
I
I
5400 SF
100.00'
S89'25'08"£
11 5400 SF
100.00·
589"25'08"£
10 5400 SF
100.00'
S89'25'08"E
9 5400 SF
100.00'
S89'25'08"E
8 5400 SF
100.00'
S89'25'08"£
lg
-.:
,� b
N �
,� ;It
-�
;ii; ;,;
I �
,� ;ii;
I
I
I�
lg
5502 SF
102.32'
5640 SF
104.87'
S89"25'o8"£
5686 SF
105.72'
589"25'08"£
C RDS SRO.,L]DS
.vY.£'S7 UJV/7 1
44�/v}�[)Lj
0 I
3/4" IRON PIPE W/ PLUG
L.S. 5837 (L)
50 I
100
I
N66"55'08"W 1.82'
N. T.S.
.•
·····
··-

TYPICAL LOT DIMENSION
MEASURED 01£R W. C.
3' w.c.

W.C. DETAIL
N. T.S.

Un11 Tab/11
Dlrecf/on
L1
L2
150
I
0 S.C.R.
(R1J
(MJ
P.U.£
(RJ
w.c.

SET 3/4" IRON PIPE W/PLUG LS. 5837

CALCULATED POINT - NOTHING FOUND OR SET

STANISLAUS COUNTY RECORDS

SEE SURVEY REFERENCES

MEASURED BY THIS SURVEY
PUBLIC

UNLESS OTHERWISE NOTED

UTILITY EASEMENT
RADIAL

WITNESS CORNER

LOT LINE

CENTERLINE

SECTION/FRACTIONAL SECTION LINE

RIGHT OF WAY

BOUNDARY LINE

OAKVIEW TRACT LOT LINE

BASIS OF BEARINGS
THE BEARING OF NORTH 0078'55" WEST BETWEEN MONUMENTS

FOUND ALONG THE CENTERLINE OF OAKDALE ROAD AT THE
NORTHEAST CORNER OF SECTION 34 AND EAST QUARTER CORNER
OF SECTION 34, AS SHOWN ON RECORD OF SURVEY 33-70,

BEING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34/2/9.

GENERAL NOTES:
3/4" IRON PIPE W/ PLUG
L.S. 5837 {L)
7 5772 SF ,� 23
\ 6137 SF
L3 1. ALL BEARINGS AND DISTANCES ARE MEASURED UNLESS
- _!!!_' P.U.E. _/
OTHERWISE NOTED.
� 84.00'
<._,. 10' P.U.E. _

90.65'
S89'25'08 "£ S89'25'08"E S89"25'08"£
24' N00'34'52"E 179.00' --- I}---- , t 130.66'

48.oo'(M)(L).--1c..-....-. ....
-_- STJ_'4_R_Wi_lJ_OD DRIVE N89"25'oe°-w 309.66-: 4824• - 3/4" IRON PIPE W/ PLUG
3/4" IRON PIPE W/ PLUG
L.S. 5837 {G){J)(L)
3/4" IRON PIPE W/ PLUG
LS. 5837 {G)(J)(L) L.s. 5837 (L) _-ii�---�--:'.:----.--=---.-TM.::::'B:::.'9':::'25;:.,;'a:::'8 7 "W�29,:
9::.::·6:::::o_' --:------/--L----,----_.::;..�:__ ______________ � L4
Cu/VII Tab/11
Curr11 I Lllngfh Radlua
Cf 25.15' 276.00'
Dlllttl
5'13'19"

2. THE TOTAL AREA SUBDIVIDED BY THIS MAP = 23.89 ACRES,

CONTAINING

DEDICATIONS
137 RESIDENTIAL LOTS, LOT A, RIGHT OF WAY

ALONG OAKDALE ROAD, WESTGATE DRIVE, SA TINLEAF

DRIVE, CASTLE OAKS LANE, STARWOOD DRIVE, SPINNAKER LANE,

SHORELINE DRIVE, HARMONY CIRCLE, HARVEST CREEK DRIVE,

DEDICATED

PORTS/DE DRIVE, REGATTA LANE, AND DRA WBR/DGE WAY BEING TO THE CITY OF RIVERBANK BY THIS MAP.

T / 54.00' 54.00' 54.00' 50.00' 50.00' 10' P.U.E.

C2 98.65'
S89'25'39 "E
276.00' 20'28'44
n J. LOT CORNERS:SET 1/2" IRON PIPE W/ PLUG LS. 5837 OR BRASS -::!.
'°' 14.75'{M){G){J){L) C3 73.49' 276.00' 15'15'25" 4.

TAG

WESTGATE DRIVE WAS PREVIOUSLY
AND NAIL STAMPED LS. 5837
NAMED
@ LOT

CRAWFORD

CORNERS
ROAD.
,I<! ,I<! ,I<! ,I<!
-::!. �
C4 48.64' ,I<! -..:.
313.56' 8"53'15"
5 � -
Iii :g � � 6
� �
� � 4 ;,;
� � c::s 3 -
g ;,;
- � :g .!l'i
� 2 ;,; �. 1
...
:-- �
�
C5 77.67' 300.00' 14"50'01" SURVEY REFERENCES
3/4" IRON PIPE NO TAG
ACCEPT£D AS INTERIOR
QUARTER CORNER SECTlON
34 T2S. R9E {B){C){E)(F}{G).

SET PLUG STAMPED LS 5837
� � 5403 SF
� � ;,; .it
5403 SF g i:::, � ...
u
.it
5403 SF � .._ 5002 SF '/;:i
� �
u u .it .it
� 5002 SF g � 5322 SF
�
u
...

C6 29.56'
� g.._ N89 C7 107.23'
"25'08"W
300.00' 5'38'42"
300.00' 20'28'44
n
� ½ ½ 54.00' 54.00' ½ 54.00' ½ 50.00' ½ 50.00' ½

16.31 '(M){G){J)(L)

37.68'
(AJ
(BJ
(CJ
(DJ
(EJ
\
......
·
·
.
.....
..
. ----- � .F-- 25.00' RIGHT OF WAY DEDICATED TO --I 2500f�M.f} ':1
,Jf}
'L
)
'---t L.S. 5837 {G){J){L) (GJ
• 589.25'08"£ 315.98' 00•
3 ,4
5"W 3/4" IRON PIPE w/ PLUG 1
(FJ
THE CITY OF RIVERBANK BY THIS MAP . 1' ,.,,,. l' WESTGATE DRIVE (HJ . ·
·
·
·
·
·
·
·· f . 1 \

16.72rM){L)b 299·68rM)(L) S00'34'45"W S89"25'08"E 2645.51'(M)(G)(J)(L) S89'25'oe·E 2645.71 (E) S89'25'1o·E 2645.51 (F) (IJ .
:�::::- _ 1286.68rM){L) -···
·�··
·......
.C\i _ _ ___

20.00'{M){G){J){L
)'--�
FD 3/4" I.P. W/ PLUG 5837 IN MON �LL (J)(L)
..
•
··
··
··- 808.11' (M)(J){L)
(JJ
······- I ···- � 282.96rM)(L) _ .......
..
.
•
·
· .......... _ 251.04'(M){J)(L) -··
·····
;
---
i------'-----�
(KJ
S.
�
E
;;;
'E
�S.
;-;
'H.
-;-;E
;=.
1:.
=,
==--:4:.----------------------...:;;,84.�'2-�40..i.:'(M;a,;f}(L�) ------1-------S££ SHEET 5 (LJ PARCEL MAP 55-78

SUBDIVISION
PARCEL MAP 16-104
MAP 18-39
OAKVIEW TRACT 6-8
RECORD OF SURVEY 33-70
RECORD OF SURVEY 33-86
PARCEL MAP 58-26
DOC# 2003-011386

SUBDIVISION
DOC# 2004-0048524
MAP 44-94
RECORD OF SURVEY 32-98
PARCEL MAP 58-44 SHEET3 OF5
\
----
··
·
·
·
·
····
·-
·
· ..
.
.1.
• S89'25'08•E 315.98'
S00'34,
45"W _ ..
.... .
.
.
-
� .I'--- 25.00' RIGHT OF WAY DEDICATED TO � THE CITY OF RIVERBANK BY THIS MAP 25.· 00'I' 'M'}(iG:,,1• l'J'}'LI' )--I �
• 299.68rMJ(L)
.
�
2rM)(L)�
____________
1 ·······- � 282.96rMXLJ

WESTGATE DRIVE
S00"34'45"W ___ _,, S89'25'08"E 2645.51'(M}{G}{J}{L) S89'25'08•E 2645.11 {E) S89'25'1o•E 2645.51 {F) 20.00'{M}{G){J){L) ; _____ FD 3/4• J.P. W/ PLUG 5831 IN MON WELL (J){L) --._ _ .. .
•
····· - _____ 808.11 '(M)(J){L) - _
·········
··
·
•
.
.
.
..
.
..
.. _ 251.04'(M)(J}{L) -·····
•
·1
-25.00'
842.40'{M}{L} I

25.00' RIGHT OF WAY OED/CA TED TO THE ----,, r EX. PUBLIC ACCESS AND UTILITY EASEMENT (L) S89'25'08•E 490.00' CITY OF RIVERBANK BY THIS MAP ------�u-----=50.-=- - __L_ - S89'25'08"E 643.18'
.oo=-=-·-
r,�r.--:5=0.oo-=-=-·:--71 ��- 5=0
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.

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g 24'
I
484.00'
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.
.
.
.
.
. -·········- - ---�
48'
--- o
SHORELINE DRIVE t
48'--- - r- -48·
2 +-
4• -s�1 6
0 .14•
-
-48'
2 +-
4'
-11 158.14• I -- 238.oo· f 131.26' 1
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158.00' t -. 5831 (L) , 39.74'{M}{L) ,__ SB9'25'08"EJ r 79.0r[__ ___/... _ 19.00' ri,O i"'(' 194.46' -i-"';..._�� I 10' P.U.£ v- (1 \I f - to' P.U.�£ <-" J
I "J\,,,}fj;r- - - - 10' P.U.£ - - - ��"'- o. IC')
<;::, I b g 4�2 • -48·-,._{J/ �cS>..

I
� 56t4 SF �I l 1 �
I
� s1.2f SF � � ,:; I
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2 •� � , L
I

95.00' �' i--24• 24'- .� 95.00' . LOT A 'ii �-:�;I: SB9"25'08·E I g � I � l:S OAOV � � � I S89'25'08"E I 4f' I S89'25'o8"E l,.j . t ; I (3 � f'. ;;;;r;,. �I� � � I (I) lg I gl . g 124 -�I � � � �I� PARK TO BE DEDICATED ro THE ....

I� �-t •..
83 !::i !::i 12f � � 4150 SF .
, .T � CITY OF RIVERBANK BY THIS MAP
4150 SF
�, :,,1,,1
1 1() ltjl 4150 SF I() � � � ).. � �

95.00' S89'25'08"E S89"25'08"E I � � I I � � (I)
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l
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•
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4150 SF
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o,� ,'P'I, 127 � !::i 5241 SF b � 4150 SF b � 4150 SF g � 4150 SF !::, � 5242 SF !,l'i
�
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, 6011 SF g Q) � � <!: � � �

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S89'25'08"E
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I � '°" I
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.
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S89'25'08•E ' ' S89'25'08"E
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55.00'
5225 SF
114

57.33'

53.00' 50.00' 50.00' 5

0.00' 50.00' 53.00'
CROSSROADS WEST UNIT 2

RIVERBANK, STANISLAUS COUNTY, CALIFORNIA
MAY2022
MV£ INC.

MODESTO, CALIFORNIA 95354
1117 "L • STREET
{209) 526-4214
50 100 150
I
Llnt1 Tablt1
Unt1# Lt1nglb Dlrw:llon
L1 21.21· N44"25'0B"W
l2 29.70' N45'34'52"E
L3 22.63' N44"25'0B"W
L4 22.63' N45'34'52"E
LS 22.63' N44"25'os·w
L6 22.63' S45'34'52"W
L7 22.63' S44"25'08"£
LB 22.63' S45'34'52"W
L9 22.63' N44"25'0B"W
L10 29.70' S44"25'08"£
L11 21.21· S45'34'52"W
CulVtl Tab/ti
LEGEND
•
@
---l
0 ' '
I I
S.C.R.
(R1)
(M)
P.U.E.
(R)
w.c.

FOUND MONUMENT AS NOTED

MONUMENT
SET 3/4" IRON PIPE W/PLUG LS. 5837 IN

KELL PER CITY OF RIVERBANK

STANDARDS
SET 1/2" IRON PIPE W/ PLUG LS. 5837 OR BRAS�
TAG AND NAIL STAMPED LS. 5837@ LOT CORNERS
SET 3/4" IRON PIPE W/PLUG LS. 5837

CALCULATED POINT - NOTHING FOUND OR SET

STANISLAUS COUNTY RECORDS

SEE SURVEY REFERENCES

MEASURED BY THIS SURVEY

UNLESS OTHERWISE NOTED

PUBLIC UTILITY EASEMENT
RADIAL

WITNESS CORNER

LOT LINE

CENTERLINE

SECTION/FRACTIONAL SECTION LINE

RIGHT OF WAY

BOUNDARY LINE

BASIS OF BEARINGS
THE BEARING OF NORTH 0078'55" M"ST BETM"EN MONUMENTS

FOUND ALONG THE CENTERLINE OF OAKDALE ROAD AT THE
NORTHEAST CORNER OF SECTION 34 AND EAST QUARTER CORNER
OF SECTION 34, AS SHOWN ON RECORD OF SURVEY 33- 70,

BEING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34/2/9.

GENERAL NOTES:

1. ALL BEARINGS AND DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.
§ 78 �� l� 116 � !a 5661 SF .... 5661 SF \ io
Cutvt1 # Lt1nglb Rodlu• /)(I/lo

2. THE TOTAL AREA SUBDIVIDED BY THIS MAP = 23.89 ACRES,

DEDICATIONS
CONTAINING 137 RESIDENTIAL LOTS, LOT A, RIGHT OF WAY
ALONG OAKDALE ROAD, M"STGA TE DRIVE, SA TINLEAF

DRIVE, CASTLE OAKS LANE, STARWOOD DRIVE, SPINNAKER LANE,

SHORELINE DRIVE, HARMONY CIRCLE, HARVEST CREEK DRIVE,

DEDICATED

PORTS/DE DRIVE, REGATTA LANE, AND DRA WBR/DGE WAY BEING TO THE CITY OF RIVERBANK BY THIS MAP.

N89'25'08"W 5.00'{M}{L}71--
10' P.U.£ \,ti :::, I <__,, _ 10_'_P.U._.£_ . ., ___ _ -e-___________ -� __ -_____J_Q' P.U.£ _ .Jl S89"25'08"E 19.00' \
.
.
.

55.00' 55.00' 53.00' 50.00' 50.00' 50.00' 5
/U 7 0.00' 53.00'

9.oo' I ·..) --+ •c_....._ __ --=-=--,----,t
_:,_L..__--=-::.c.::..::... _ __.L_--=-==-=--___J---=-==- ---1-
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6B
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·
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3/4. IRON PIPE W/ PLUG _j)
..
.. ····
··
··
LS. 5831 (L)
·- 24' 24' PORTS/DE DRIVE N89'25'08"W 1126.00'
_ I ,:::__ - t 48'- o - - -48·+ - ----
- ---- - ---- - ---- -
-
- ---- - -
� ,::::: 124.00' f 164.00' 24' 24' �- 84.oo' I _ I 8 _,- "E I � j ,_ �89'25'08 _ � I r

45.oo· _ _ 52 .00' __ 52 .00· _
..._ 10' P.U.£ "' .....__48, _......, v 10' P.U.£
� g t � !ti 71" g i--24' 24'-
� ,l<J ,l<J , itj 5312 SF I !:Ji • ,l<J � • !-':II •
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.00' l,.jl � I� ; � l,.j5661 SF � � 4940 SF g � 4940 SF .... :::i 9) <::,"'-1:::i "" <!:
�
�
b
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.00' -52 .00'
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--

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10' P.U.£
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,l<J
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� 68
�
� 67
�
� b � 66
� 4940 SF
§
� 4940 SF �
4940 SF
g �
lg�
� � l � 76 � � J ., IC::, 5000 SF
1 -, \ .,_ ............. 61_.oo_;..· ______ .....;.;52;;; .o;.;o_
· -..i...---s.
;;;;�;;.;;-00 ...... ' -.1--.....;;5.;;,;�-�oo;..
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· _.1,,_.....;;5.;;;�-;,;,
00:.
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:.:.
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""'!'·..i-... ---"4'■"""-........

N00'34'52"E • ,.,, S89'25'08·E 148.00'fM)(L) h • '"')·'') 10.00' N89'25 08" 954.00 I"' {L. 3/4• IRON PIPE W/ PLUG LS. 5831 (L) ____}'
CB 25.74' 40.00'
C9 27.74' 40.00'
C10 34.00' 40.00'
C11 38.68' 40.00'
C12 13.89' 40.00'
C13 25.74' 40.00'
C14 114.31' 40.00'
C15 25. 74' 40.00'
C16 13.89' 40.00'
C33 20.42' 13.00'
C34 20.42' 13.00'
36"52'12"
39"44'09"
48"42'02·
55"24'27"
19"53'45"
36"52'12"
163'44'23.
36"52'12"
19"53'45"
9ovo·oo·
90iJ0'00"

3. LOT CORNERS.·SET 1/2" IRON PIPE W/ PLUG LS. 5837 OR BRASS

4. TAG
M"STGA
AND
TE
NAIL
DRIVE

STAMPED

WAS PREVIOUSLY
LS. 5837 @
NAMED

LOT CORNERS
CRAWFORD ROAD.

SURVEY REFERENCES
(A)
(B)
(C)
(D)
(E}
(F)
(G)
(H)
(I)
(J)
(K)
(L)
PARCEL MAP 55-78

SUBDIVISION
PARCEL MAP 16-104
MAP 18-39
OAKVIEW TRACT 6-8
RECORD OF SURVEY 33-70
RECORD OF SURVEY 33-86
PARCEL MAP 58-26
DOC# 2003-011386

SUBDIVISION
DOC# 2004-0048524
MAP 44-94
RECORD OF SURVEY 32-98
PARCEL MAP 58-44
SHEET4 OF 5
_______ ____:,__I ____ ....!.,_I __ �--'-------�----/
\
WESTGATE DRIVE �
_ _ ii)
sa9·2s'08T 2645.51'(M)(G){J){L) S89"25'08.E 2645.71 {E) S89"25'10·E 2645.51 {F) - ----
·
-
·::-::-:,,,, ... CROSSROADS WEST IJNIT 2 __ 808.11'{M){J){L) _____ _ b
,·
--
--. _
_
_ _ ::...._- - - -�Ql500.02'{M)(L) -
- - - --- - - --- - -
--- -
-
842.40'{M){L)� 7···
""°
__________ ;..;,;;;;.;.;;.��....1..---------li� Noo19•oo·w {H} � ,51"' 11 5.00' RIGHT OF WAY DEDICATED TO a-�Noo·78'55"W 2o.ooru){L) 6� "5
6 ,�\-)
S89·2s'o8·E 643.18' 71-fE CITY OF RIVERBANK BY 71-flS MAP S89"50'14.E(H) S89"25'08·E 430.02' (U)(G}(J)(L) 5#°6 544·39'31"£
c�, "0.0"' ' '�,. 50..00' '�,. "0.00' l�, "0.00' , '«· 50.0"' ' 'J •
i, , "- 28.60'{M){L)
i .,, v
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so.oo u so.oo· '� so.oo· l� so.oo· 'Ju so.oo· 0
u

60.00· ',. 43.18•
•
- "
S45"04'3rE

BEING A SUBDIVISION OF
PARCEL
PARCELS t AND 2 AS SHOWN ON THE
MAP RECORDED IN BOOK 58, AT PAGE 44, STANISLAUS
COUNTY RECORDS, AND LYING WITHIN THE NORTHEAST V4 OF
SECTION � TOWNSHIP 2 SOUTH, RANGE 9 EAST, M.D.M., CITY OF

RIVERBANK, STANISLAUS COUNTY, CALIFORNIA
""' ""' :!I: :!I: :!I: :!I: :!I: :!I: :!I: :!I: � 3 · · "' 2B.40(H
r ½ ½ ½ ½ ½ ½
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� °g � °g � b � b � • � . � • � · � · � · � · � � �'?s- 'rs>
� 1 SEE DETAIL •B•
?'; Iii 35 � Iii 36 � � 37 � � 38 � � 39 � � 40 � � 4f � � 42 � 8 4,3 � 8 44, � � 45 !"l N � < f 'roR WITNESS g Oi 4750 SF g 01 4750 SF g Oi 4750 SF g 01 4750 SF g Oi 4750 SF g 01 4750 SF g � 4750 SF � � 4750 SF � � 4750 SF � � 4749 SF !"l � 5063 SF g � rN26 .08'32T{R) '\. "' 'CORNERS 1
MAY2022
MVE, INC.
:;:: :;:: :ct :;;: :;:: :;:: :;:: � � � i :;::/ 46 "-...9...J I - -- / 8693 SF 3' w.c.
10' P.U.£ ./ C25 ......_ ' ' 0 50 100 150

MODESTO,
1117 •L • STREET
CALIFORNIA 95354
(209) 526-4214
-- -50..00- ,-- - - - - - -- - - - - - - - __ _ _ _ _ _ _ so.oo· so.oo· so.oo· 10'P.U.£ C23-, / --c' , � so.oo· so.oo· so.oo· so.oo· 50.oo- -- w4• J. cz4 C' �",J N70·2s'.36T{R) 1n
t I 5.'"'8 7 • t • r "2 \ � <5' \ 'I'
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-
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+- 48·
2 t
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f
·
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- -4B' - r ----- - ' -1- - -48 - - 0 " 14 so·
I 62' WESTGATEI
DRIVE
24' 238.00
24' 2"' I 238.00' N36"17'20"W__J
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TO
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RIVERBANK
s3r27'o4"W--....,/ .,, , 589•2s·o8T � 1 95_00• , b � , N�-i-- -
---
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BY 71-flS MAP
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I§ � g C::i I 9
9 .00' 3' w.
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8 SF I
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Un• # Length Dlfffflon
L12 22.63' S45"34'52"W
L13 22.63' N44"25'08
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L14 22.63' N45"34'52"E
L15 22.63' N44"25'08"W
L16 22.63' N45"34'52"E
L17 22.63' S44"25'08
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L18 22.63' S45"34'52"W
Curve # Length Rad/11•
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C16 13.89' 40.00' 19"53'45"
C17 38.68' 40.00' 55"24'27"
C18 34.00' 40.00' 48"42'02"
C19 27.74' 40.00' 39"44'09"
C20 25.74' 40.00' 36"52'12"
C21 114.31' 40.00' 163"44'23•
C22 20.42' 13.00' 90"00'00"
c23 5.27' 40. oo· 7"33'17"
C24 20.47' 40.00' 29i8'54"
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7.22'{M){L) \\ S89·2s'OB·E 152.49''M}(L) - \_ 3/4• IRON PIPE W/ PLUG l.S. 5837 {L) Q:: 1----+----l-----+------1
C28 23.96' 40.00' 34i8'59" ..... 1----+----1-----+------1 -.J C29 1.78' 40.00' 2"33'12"
1�------------�
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J " � -------------- C31 114.31' 40.00' 163"44'23•
C32 25.74' 40.00' 36"52'12"

50.00 '"M vL) 1
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C33 20.42' 13.00' 90-00'00
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I C34 20.42' 13.00' 90V0'oo"
LEGEND
•
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0 ' '
I

FOUND MONUMENT AS NOTED
SET 3/4
» IRON PIPE W/PLUG LS. 5837 IN

MONUMENT WELL PER CITY OF RIVERBANK

STANDARDS
S.C.R.

SET 1/2
»
IRON PIPE W/ PLUG LS. 5837 OR BRASS
TAG AND NAIL STAMPED LS. 5837 @ LOT CORNERS
SET 3/4" IRON PIPE W/PLUG LS. 5837

CALCULATED POINT - NOTHING FOUND OR SET

STANISLAUS COUNTY RECORDS
{R1)
(M)
P.U.E.
(R)
w.c.

SEE SURVEY REFERENCES

MEASURED BY THIS SURVEY

UNLESS OTHERWISE NOTED

PUBLIC UTILITY EASEMENT
RADIAL

WITNESS CORNER

LOT LINE

CENTERLINE

SECTION/FRACTIONAL SECTION LINE

RIGHT OF WAY

BOUNDARY LINE

BASIS OF BEARINGS
THE BEARING OF NORTH 0078'55
» WEST BETWEEN MONUMENTS

FOUND ALONG THE CENTERLINE OF OAKDALE ROAD AT THE
NORTHEAST CORNER OF SECTION 34 AND EAST QUARTER CORNER
OF SECTION 34, AS SHOWN ON RECORD OF SURVEY 33-70,

BEING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34/2/9.

GENERAL NOTES:

1. ALL BEARINGS AND DISTANCES ARE MEASURED UNLESS
OTHERWISE NOTED.

2. THE TOTAL AREA SUBDIVIDED BY THIS MAP = 23.89 ACRES.

DEDICATIONS
CONTAINING 137 RESIDENTIAL LOTS, LOT A, RIGHT OF WAY

ALONG OAKDALE ROAD, WESTGATE DRIVE,

SPINNAKER

SA TINLEAF DRIVE, CASTLE OAKS LANE, STARWOOD DRIVE,
CREEK

LANE, SHORELINE DRIVE, HARMONY CIRCLE, HARVEST

DRIVE, PORTS/DE DRIVE, REGATTA LANE, AND

DRAWBRIDGE WA Y BEING DEDICATED TO THE CITY OF RIVERBANK BY THIS MAP.

3. LOT CORNERS.·SET 1/2
»
IRON PIPE W/ PLUG L.S. 5837 OR
BRASS TAG AND NAIL STAMPED LS. 5837 @ LOT CORNERS

4. WESTGATE DRIVE WAS PREVIOUSLY NAMED CRAWFORD ROAD.

SURVEY REFERENCES
{A)
(B)
(C)
{D)
{E)
(F)
{G)
{H)
(I)
(J)
{K)
{L)
PARCEL MAP 55-78

SUBDIVISION
PARCEL MAP 16-104
MAP 18-39
OAKVIEW TRACT 6-8
RECORD OF SURVEY 33-70
RECORD OF SURVEY 33-86
PARCEL MAP 58-26
DOC# 2003-011386

SUBDIVISION
DOC# 2004-0048524
MAP 44-94
RECORD OF SURVEY 32-98
PARCEL MAP 58-44 SHEET 5 OF 5
W W W

W W W W W W W W W W W W W W W SS SS SS SS SS SS SS SS SS SS SS SS SS SS SD SD SD SD SD SD SD SD SD SD SD SD

SS SS SD

SD SD SD
Plot September 16, 2021 at 11:42 AM X:\CIVIL 3D\Civil 3D Projects\06293A CROSSROADS WEST\MAPPING\TENTATIVE MAP PHASE 2\06293-M2TM1.dwg

WSDSSOHG

Page 1 of 2 ends

City Council / Local Redevelopment Authority / Public Financing AuthorityJune 28, 2022

City Council / Local Redevelopment Authority / Public Financing Authority
June 28, 2022