AGREEMENT BETWEEN THE CITY OF STOCKTON AND GREENLAW
DEVELOPMENT, LLC, AND MONTEZUMA FIRE PROTECTION
DISTRICT, SAN JOAQUIN COUNTY REGARDING ANNEXATION OF
PROPERTY FROM THE DISTRICT TO THE CITY OF STOCKTON.
This Agreement is made and entered into this __ day of , 2024, by and between the City of Stockton, a municipal corporation ("City"), and Greenlaw Development, LLC, a California limited liability company ("Applicant") and the Montezuma Fire District in San Joaquin County ("District").
WITNESSETH
WHEREAS, Applicant and City desire to annex the property known as the Mariposa House Parcels bearing assessor's parcel numbers 179-220-140, 179-220-150 and 179-220-260 (the "Property") into the City. The legal descriptions for the Property and a location map are attached hereto as Exhibits "A-1" and “A-2” incorporated herein by this reference; and
WHEREAS, upon annexation, a detachment of that Property from the District that currently serves the Property occurs because the City will provide fire services once the Property is annexed; and
WHEREAS, upon annexation, the District will lose its share of the property tax previously allocated to it; and
WHEREAS, the Applicant and the District desire to ease the transition of lost revenue to the District and comply with the existing policies of the Local Agency Formation Commission.
NOW THEREFORE, it is mutually agreed by and between the City, the Applicant and the District as follows:
1. Upon annexation of the Property to the City and the detachment of the Property from the District, Applicant shall pay to the District a sum equal to the current tax revenue received by the District at the time of annexation, multiplied by seventeen and a half (17.5) years with a 3.44% annual increase.
The lump sum payment shall be paid by the Applicant prior to the recordation of the certificate of annexation.
2. The amount of property tax revenue to the District shall be based upon what is received for the year immediately preceding the annexation and detachment of the Property.
3. The lump sum payment shall be the amount of seventeen thousand three hundred seventy-one dollars and ninety-five cents $17,371.95 as detailed in the attached Exhibit "B" incorporated herein by this reference.
4. The provisions of the Agreement shall inure to the benefit of and bind the heirs, successors and assigns of the respective parties to this Agreement.
5. It is understood and agreed by and between the parties hereto that this Agreement shall be deemed and construed to be entered into and to be performed in the County of San Joaquin, State of California, and it is further understood and agreed by and between the parties hereto that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to the Agreement and also govern the interpretation of this Agreement. The District shall be afforded all rights and remedies provided EXHIBIT 3 1424
by California law to enforce this Agreement and the covenants created herein.
6. Should any legal action be brought by a party for breach of this Agreement or to enforce any provision herein, the prevailing party of such action shall be entitled to reasonable attorneys' fees, court costs and such other costs as may be fixed by the Court in addition to any other remedies.
7. Any notice required by this Agreement shall be in writing and delivered postage prepaid as follows:
TO APPLICANT: TO DISTRICT: TO CITY:
Robert Mitchell
Greenlaw Development, LLC
2211 Michelson, Suite 200
Irvine, CA 92612
Chief Ed Martel
Montezuma Fire District, San
Joaquin County
2405 South B Street
Stockton, CA 95206
City Manager
City of Stockton
425 North El Dorado Street
Stockton, CA 95202
8. This Agreement may be amended in writing by the mutual agreement of all of the parties.
9. In consideration of the covenants, conditions and promises of Applicant to be performed as set forth in this Agreement, District shall not contest or otherwise oppose the annexation of the Property sought by Applicant.
IN WITNESS WHEREOF, the parties have executed the Agreement by their authorized representatives the day and year first above written.
GREENLAW DEVELOPMENT, LLC:
By:
Its:
MONTEZUMA FIRE DISTRICT, SAN JOAQUIN COUNTY
By:
Its:
CITY OF STOCKTON:
By:
Its:
EXHIBIT 3 1425
Z:\2020\A20631-3\DOCS\SURVEY\LEGAL DESCRIPTION\A20631-3-LD_3 PCLS.docx EXHIBIT 3 1426
Z:\2020\A20631-3\DOCS\SURVEY\LEGAL DESCRIPTION\A20631-3-LD_3 PCLS.docx EXHIBIT 3 1427
EXHIBIT 3 1428
Annual
Year Assessment Inflator
2024 701.10 $ 3.44%
1 725.22 $
2 748.42 $
3 772.37 $
4 797.09 $
5 822.60 $
6 848.92 $
7 876.09 $
8 904.12 $
9 933.05 $
10 962.91 $
11 993.72 $
12 1,025.52 $
13 1,058.34 $
14 1,092.21 $
15 1,127.16 $
16 1,163.23 $
17 1,200.45 $
17.5 $ 619.43
$ 17,371.95
Exhibit B
EXHIBIT 3 1429
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE RELATED TO THE “ZONING MAP,” IN SECTION 16.16.030 OF THE STOCKTON
MUNICIPAL CODE, TO PREZONE AND ZONE PROPERTIES TO INDUSTRIAL LIMITED (IL) LOCATED AT 5252, 5262 AND 5276 EAST MARIPOSA ROAD (APNS 179-220-14; -15; -25; -26) (APPLICATION NO. P24-0104)
On May 24, 2024, the applicant, Greenlaw Partners, LLC submitted a request for a Development Agreement Amendment and Prezoning of Assessor’s Parcel Numbers (APNs) 179-220-14; -15; and -26; and Zoning of APN 179-220-25 to the Industrial, Limited (IL) zoning designation for the purposes of future industrial development. The four (4) legal parcels combined total approximately 7.6 acres and would be enveloped into the Mariposa Industrial Business Park Project area which has been previously approved for up to 3.6 million square feet distributed amongst seven (7) buildings; and At the August 22, 2024, public hearing, and prior to acting on this request, the Planning Commission considered and recommended approval to the City Council for the prezoning and zoning of the parcels for annexation into the City of Stockton; and On September 17, 2024, the City Council conducted a public hearing on the application, in compliance with SMC section 16.88.040, at which point all persons wishing to be heard were provided such opportunity; and
At the September 17, 2024, public hearing, and prior to acting on this request, the City Council considered and approved the Prezoning of Assessor’s Parcel Numbers (APNs) 179-220-14; -15; and -26; and Zoning of APN 179-220-25; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION 1. FINDINGS AND INTENT
The City Council of the City of Stockton finds, pursuant to SMC Section
16.116.050(B), that:
A. The proposed Prezoning and Zoning action ensures and maintains internal consistency with the general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance. The 2040 General Plan Land Use Map designates the subject site Industrial. Pursuant to Table 2-1 (General Plan Relationship to Development Code) of the General Plan, the IL Zone is compatible with the General Plan Land Use Map designation of Industrial.
B. The proposed Prezoning and Zoning action would not create any inconsistencies with SMC Title 16 (Development Code) since it pertains to the Zoning Map only. The text of Title 16 (Development Code) would remain unchanged under this action. 1430
C. The proposed Prezoning and Zoning action would further the following General Plan policies:
i. Goal LU-4: Attract and retain companies that offer high-quality jobs with wages that are competitive with the region and state.
ii. Policy LU-4.2: Attract employment- and tax-generating businesses that support the economic diversity of the city.
iii. Policy LU-6.2: Prioritize development and redevelopment of vacant, underutilized, and blighted infill areas.
D. The proposed Prezoning and Zoning action will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety or general welfare of persons residing or working in the City because the IL Zone designation will, as noted above, be compatible with General Plan Land Use Map designation applicable to the site.
E. The proposed Prezoning and Zoning action complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines, because an Environmental Impact Report (EIR) and subsequent Addendum has been prepared and the analysis included therein demonstrates where feasible, application of mitigation measures that would reduce the impacts to a level of less than significant, and a Statement of Overriding Considerations has been prepared to accommodate additional significant effects that are unable to be mitigated, from either the Prezoning and Zoning action or other related actions constituting the project.
F. Based on the information included in the accompanying Addendum to the approved Mariposa Industrial Park EIR (SCH #2020120283), the subject site would be physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation and anticipated land use development.
SECTION II. PREZONING AND ZONING CLASSIFICATION
G. That the Zoning Map, attached as Exhibit 1, particularly referred to in SMC Section 16.16.030, and by reference made a part hereof, said Code is hereby amended to provide an Industrial, Limited (IL) Zone designation for Assessor’s Parcel Numbers 179-220-14; -15; and -26 upon annexation to the City of Stockton and APN 179-220-25 immediately.
SECTION III. SEVERABILITY
If any part of this Ordinance is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby 1431
declares that it would have passed the remainder of this Ordinance, if such invalid portion thereof had been deleted.
SECTION IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED:
EFFECTIVE:
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
1432
LAFC __-24
MARIPOSA INDUSTRIAL PARK REORGANIZATION
TO THE CITY OF STOCKTON
EXHIBIT “A” - Annexation Legal & Prezoning Description
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF SECTIONS 59 AND 69 OF THE C. M. WEBER GRANT, AS DESCRIBED AS PARCEL ONE IN THAT CERTAIN TRUST TRANSFER DEED RECORDED AUGUST 11, 2010, AS DOCUMENT NO. 2008-130946, AND PARCEL ONE AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED FEBRUARY 25, 2019, AS DOCUMENT NO. 2019-019341, AND TOGETHER WITH PARCEL TWO AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED AUGUST 9, 2023, AS DOCUMENT NO. 2023-062875, ALL OF SAN JOAQUIN COUNTY RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL ONE AS DESCRIBED IN SAID TRUST
TRANSFER DEED AND AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED FOR RECORD ON FEBRUARY ON FEBRUARY 8, 2024, IN BOOK 41 OF SURVEYS AT PAGE 012 OF OFFICIAL RECORDS
OF SAN JOAQUIN COUNTY, SAID POINT ALSO BEING ALONG THE EXISTING BOUNDARY OF THE STOCKTON CITY LIMIT LINE;
(1) THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL ONE (DOCUMENT NO. 2008-130946), ALSO BEING THE STOCKTON CITY LIMIT LINE, SOUTH 72° 09’ 06” WEST, 301.20 FEET, TO THE SOUTHWEST CORNER OF SAID PARCEL ONE; (2) THENCE LEAVING SAID SOUTHERLY LINE, ALONG THE WESTERLY LINES OF SAID PARCEL ONE (DOCUMENT NO. 2008-130946) AND SAID PARCEL ONE (DOCUMENT NO. 2019- 019341), ALSO BEING THE STOCKTON CITY LIMIT LINE, NORTH 17° 50’ 54” WEST, 717.85 FEET TO THE NORTHWEST CORNER OF SAID PARCEL ONE (DOCUMENT NO. 2019- 019341);
(3) THENCE LEAVING SAID WESTERLY LINE, ALONG THE NORTHERLY BOUNDARY LINE OF SAID PARCEL ONE (DOCUMENT NO. 2019-019341), ALSO BEING THE STOCKTON CITY LIMIT LINE, NORTH 72° 09’ 06” EAST, 301.20 FEET, TO A POINT ON THE WESTERLY LINE OF SAID PARCEL TWO (DOCUMENT NUMBER 2023-062875);
(4) THENCE LEAVING SAID NORTHERLY LINE, ALONG SAID WESTERLY LINE, ALSO BEING THE STOCKTON CITY LIMIT LINE, NORTH 17° 50’ 54” WEST, 1065.25 FEET, TO THE NORTHWEST WEST CORNER OF SAID PARCEL TWO (DOCUMENT NUMBER 2023- 062875);
(5) THENCE LEAVING SAID WESTERLY LINE AND THE STOCKTON CITY LIMIT LINE, ALONG THE NORTHERLY LINE OF SAID PARCEL TWO, SOUTH 59° 48’ 18” EAST, 29.91 FEET, TO THE NORTHEAST CORNER OF SAID PARCEL TWO (DOCUMENT NUMBER 2023-062875); EXHIBIT 1 1433
(6) THENCE LEAVING SAID NORTHERLY LINE ALONG THE EASTERLY LINE OF SAID PARCEL TWO, SOUTH 17° 50’ 54” EAST, 2838.70 FEET, TO THE SOUTHEAST CORNER OF SAID PARCEL TWO (DOCUMENT NUMBER 2023-062875), SAID POINT ALSO BEING ALONG THE STOCKTON CITY LIMIT LINE;
(7) THENCE LEAVING SAID EASTERLY LINE, ALONG THE SOUTHERLY LINE OF SAID PARCEL TWO, ALSO BEING THE STOCKTON CITY LIMIT LINE, SOUTH 72° 09’ 06” WEST, 20.00
FEET, TO THE SOUTHWEST WEST CORNER OF SAID PARCEL TWO (DOCUMENT NUMBER 2023-062875);
(8) THENCE LEAVING SAID SOUTHERLY LINE, ALONG THE WESTERLY LINE OF SAID PARCEL TWO, ALSO BEING THE STOCKTON CITY LIMIT LINE, NORTH 17° 50’ 54” WEST, 1077.85 FEET, TO THE POINT OF BEGINNING.
CONTAINING 6.27 ACRES, MORE OR LESS.
FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT (GOVERNMENT CODE SECTION 66410) AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND DESCRIBED.
EXHIBIT “B” A PLAT IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. ___________________________________________ 5-20-24____________ RICHARD JAMES HICKENBOTTOM, P.L.S. 8654 DATE
EXHIBIT 1 1434
NSITE VICINITY MAP MARIPOSA INDUSTRIAL PARK REORGANIZATION EXHIBIT "B" - ANNEXATION PLAT NTS OF 3 250 Cherry Lane, Suite 107, 208 Manteca, CA 95337 Phone: (209) 328-1123 www.kierwright.com CALIFORNIA BYJOB NO. DATE SA A20631-3 MAY, 2024 SHEET SCALE SAN JOAQUIN COUNTY LAFC XX-24 TO THE CITY OF STOCKTON 1 EXHIBIT 1
1435
CLARK DRIVE
MARFARGOA ROAD
MARIPOSA ROAD OWNER INFO 1" = 800' 2 OF 3 250 Cherry Lane, Suite 107, 208 Manteca, CA 95337 Phone: (209) 328-1123 www.kierwright.com CALIFORNIA BYJOB NO. DATE SA A20631-3 MAY, 2024 SHEET SCALE SAN JOAQUIN COUNTY MARIPOSA INDUSTRIAL PARK REORGANIZATION EXHIBIT "B" - ANNEXATION PLAT LAFC __ - 24 TO THE CITY OF STOCKTONN EXHIBIT 1
1436
CLARK DRIVE
MARFARGOA ROAD
MARIPOSA ROAD OWNER INFO 1" = 800' OF 3 250 Cherry Lane, Suite 107, 208 Manteca, CA 95337 Phone: (209) 328-1123 www.kierwright.com CALIFORNIA BYJOB NO. DATE SA A20631-3 MAY, 2024 SHEET SCALE SAN JOAQUIN COUNTY MARIPOSA INDUSTRIAL PARK REORGANIZATION EXHIBIT "B" - REZONING PLAT TO THE CITY OF STOCKTONN 3 LAFC XX-24 EXHIBIT 1
1437
Parcel Map Check Report
Client: Prepared by:
Preparer
Kier + Wright Civil Engineers & Surveyors
Date: 5/20/2024 4:21:10 PM
Parcel Name: ANNEXATION AREA
Description:
North:4,682.7435' East:-14,183.9891'
Segment# 1: Line
Course: S72° 09' 06"W Length: 301.20'
North: 4,590.4262' East: -14,470.6927'
Segment# 2: Line
Course: N17° 50' 54"W Length: 717.85'
North: 5,273.7269' East: -14,690.7126'
Segment# 3: Line
Course: N72° 09' 06"E Length: 301.20'
North: 5,366.0442' East: -14,404.0090'
Segment# 4: Line
Course: N17° 50' 54"W Length: 1,065.25'
North: 6,380.0250' East: -14,730.5064'
Segment# 5: Line
Course: S59° 48' 18"E Length: 29.91'
North: 6,364.9819' East: -14,704.6547'
Segment# 6: Line
Course: S17° 50' 54"E Length: 2,838.70'
North: 3,662.9052' East: -13,834.5977'
Segment# 7: Line
Course: S72° 09' 06"W Length: 20.00'
EXHIBIT 1 1438
North: 3,656.7753' East: -13,853.6351'
Segment# 8: Line
Course: N17° 50' 54"W Length: 1,077.85'
North: 4,682.7496' East: -14,183.9944'
Perimeter: 6,351.97' Area: 273,206Sq.Ft.
Error Closure: 0.0080 Course: N40° 41' 17"W
Error North : 0.00610 East: -0.00524
Precision 1: 793,995.00
EXHIBIT 1 1439
1 ORDINANCE NO.
AN ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT FOR THE
MARIPOSA INDUSTRIAL PARK PROJECT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. Findings
Pursuant to Stockton Municipal Code (SMC) Section 16.128.080, the City Council of the City of Stockton hereby finds:
a. The Amendment to the Development Agreement is in the best interests of the City, as it would promote Industrial development and employment opportunities associated with those uses.
b. The Development Agreement complies with the City Development Code and other applicable ordinances and regulations, particularly the regulations of Chapter 16.128 pertaining to development agreements. c. The Development Agreement is consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan or master development plan. The Master Development Agreement provides industrial development opportunities in Stockton, consistent with the General Plan goals and policies, including the creation of jobs.
d. The Development Agreement will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare in that projects constructed pursuant to it are required to comply with all health and safety regulations, zoning requirements, infrastructure provision, and General Plan policies. e. The Development Agreement complies with the conditions, requirements, restrictions, and terms of Section 16.128.060(B) (Preparation and Content - Proposed Development Agreement). f. The Development Agreement complies with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines in that evaluation of potential impacts have been completed and mitigation measures have been incorporated to mitigate all identified impacts to a less-than-significant level.
//
//
1440
2 SECTION II. Development Agreement
Pursuant to SMC section 16.128.070, the Stockton City Council has conducted a public hearing on September 17, 2024, and hereby approves the Development Agreement for the Mariposa Industrial Park Project, attached as Exhibit 1 in substantially the form to be executed, based on the above findings.
SECTION III. Effective Date
This Ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED:
EFFECTIVE:
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
1441
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN
TO:
City of Stockton
425 N. El Dorado St, 1st Floor
Stockton, CA 95202
Attention: City Clerk
Record for the Benefit of
The City of Stockton
Pursuant to Government Code
Section 27383
Space Above Reserved for Recorder’s Use Only
FIRST AMENDMENT
TO
DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF STOCKTON, a
California municipal corporation
AND
GREENLAW DEVELOPMENT, LLC
a California limited liability company
MARIPOSA INDUSTRIAL PARK PROJECT
Effective Date: _____________, 2024
EXHIBIT 1 1442
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (“First
Amendment”), dated for reference purposes as of ____________, 2024 (“Amendment Date”), is entered into by and between the CITY OF STOCKTON, a California municipal corporation (“City”), and GREENLAW DEVELOPMENT, LLC, a California limited liability company (“Developer”). Developer and City may each be referred to individually herein as a “Party” and collectively as the “Parties.”
R E C I T A L S
This First Amendment is entered into on the basis of the following facts, understandings and intentions of the Parties.
A. City and Developer are parties to that certain Development Agreement by and between City of Stockton, a California municipal corporation, and Greenlaw Development, LLC, a California limited liability company, for the Mariposa Industrial Park Project, recorded in the Official Records of San Joaquin County on May 16, 2023, as Document Number 2023-038261 (hereafter, the “Agreement”). All capitalized terms in this First Amendment shall have the meanings ascribed to them in the Agreement unless specifically defined otherwise herein.
B. Since the Parties executed the Agreement, Developer has acquired a legal or equitable interest, as used by Government Code subsections 65865(a) and (b), in four (4) parcels of real property that are adjacent to the Property that is the subject of the Agreement. One of the parcels is located within the City of Stockton, and the other three parcels are located outside the City of Stockton in the unincorporated area of the County of San Joaquin (the “County”).
C. In conjunction with its development of other property adjacent to the Property that is the subject of the Agreement, Developer has applied to City to annex to City the other three parcels that are not currently within the City of Stockton, and City intends to petition the County Local Agency Formation Commission (“LAFCO”) for approval of such annexation so that all four of the parcels described in Recital B above will be within the City of Stockton. These four parcels bear Assessor’s Parcel Numbers 179-220-14, 179-220-15, 179-220-25 and 179-220-26 (together, the “Additional Property”), and are more particularly described and depicted in Exhibit A attached hereto and incorporated herein.
D. City and Developer have determined and agree that development of the Additional Property in accordance with the terms and conditions of the Agreement would be in the best interests of the Parties and, therefore, consistent with Section 65865(b) of the Development Agreement Statute, the Parties have agreed to amend the Agreement to bring the Additional Property within the coverage of the Agreement.
E. The potential environmental impacts from development of the Additional Property consistent with the terms and conditions of the Agreement were evaluated by the City, in compliance with the requirements of the California Environmental Quality Act (“CEQA”), in that certain Environmental Impact Report for the Mariposa Industrial Park (State Clearinghouse No. 2020120283) certified by the City on December 6, 2022 (the “MIP EIR”).
EXHIBIT 1 1443
F. On _______ ___, 2024, City’s Planning Commission recommended, by adoption of Resolution No. _______, that the City Council take the following actions:
1. Determine that the potential environmental effects from development of the Additional Property consistent with the Agreement were adequately analyzed in the MIP EIR and no further environmental review for the First Amendment is required under CEQA.
2. Adopt an ordinance authorizing City to execute this First Amendment to bring the Additional Property within the coverage of the Agreement.
G. On _______ ___, 2024, the City Council took the following actions:
1. Determined that the potential environmental effects from development of the Additional Property consistent with the Agreement were adequately analyzed in the MIP EIR and no further environmental review for the First Amendment is required under CEQA.
2. Adopted Ordinance No. ______, authorizing the City to execute the First Amendment to bring the Additional Property within the coverage of the Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants and provisions set forth herein, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
A G R E E M E N T
1. Incorporation of Preamble, Recitals, and Exhibits. The Preamble, Recitals, Exhibits and all defined terms set forth therein are hereby incorporated into this First Amendment as if set forth herein in full.
2. Amendment to Definition of “Property” in Agreement. The definition of “Property” in Article 1 on page 7 of the Agreement is hereby amended by deleting the existing definition in its entirety, and replacing it with the text set forth below:
“Property” is defined in Recital C, and also includes the Additional Property, as defined in Recital C of that certain First Amendment to Development Agreement by and between City and Developer approved by Ordinance No. ______.
3. Continued Effectiveness of Agreement. Except as expressly modified herein, the Agreement shall remain in full force and effect. The provisions of this First Amendment are several and separate and should a legal challenge be brought challenging this First Amendment, such challenge shall in no way affect or impact the continuing validity and vitality of the Agreement.
4. Effective Date; Recording. This First Amendment shall become effective on the Effective Date identified on the signature page. Not later than ten (10) days following EXHIBIT 1 1444
the Effective Date, a duly executed and notarized copy of this First Amendment shall be recorded in the Official Records of the County of San Joaquin.
5. Signature Pages. For convenience, the signatures of the parties to this First Amendment may be executed and acknowledged on separate pages in counterparts which, when attached to this First Amendment, shall constitute one complete agreement. [SIGNATURES ON FOLLOWING PAGE]
EXHIBIT 1 1445
IN WITNESS WHEREOF, City and Developer have executed this First Amendment as of the Effective Date shown below.
CITY:
CITY OF STOCKTON,
a California municipal corporation
By:
Harry Black, City Manager
[Signature must be notarized]
ATTEST:
By:
Katherine Roland, CMC, CPMC, Interim City Clerk
“Effective Date”: _______________
APPROVED AS TO FORM:
By:
Lori M. Asuncion, City Attorney
DEVELOPER:
By:
Name: Rob Mitchell, Partner
[Signatures must be notarized]
EXHIBIT 1 1446
Z:\2020\A20631-3\DOCS\SURVEY\LEGAL DESCRIPTION\A20631-3-LD_3 PCLS.docx EXHIBIT “A”
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A
BEING ALL OF PARCELS ONE AND TWO DESCRIBED IN THE GRANT DEED RECORDED ON AUGUST 9, 2023, AS INSTRUMENT NO. 2023-062875, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF MARIPOSA ROAD (WIDTH VARIES), SAID POINT ALSO BEING THE MOST NORTHERLY COMMON CORNER OF SAID PARCEL ONE (2023- 062875) WITH THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE GRANT DEED RECORDED APRIL 6, 2023, AS INSTRUMENT NO. 2023-026946, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, AS SHOWN ON THAT RECORD OF SURVEY FILED FOR RECORD ON MARCH 8, 2024, IN BOOK 41 OF SURVEYS, AT PAGE 12, SAN JOAQUIN COUNTY RECORDS;
THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, ALSO BEING THE NORTHERLY LINE OF SAID PARCEL ONE (2023-062875), SOUTH 59° 53’ 28” EAST, 200.72 FEET TO THE NORTHEAST CORNER OF SAID PARCEL ONE;
THENCE ALONG THE EASTERLY LINE OF SAID PARCELS ONE AND TWO (2023-062875), SOUTH 17° 50’ 54” EAST, 3121.55 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL TWO; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL TWO, SOUTH 72° 09’ 06” EAST, 20.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL TWO;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL TWO (2023-062875), NORTH 17° 50’ 54” WEST, 2860.95 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL ONE THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL ONE (2023-062875), NORTH 58° 48’ 18” WEST, 170.97 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL ONE; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL ONE (2023-062875), NORTH 17° 52’ 14” WEST, 282.52 FEET TO THE POINT OF BEGINNING.
CONTAINING 94,974 SQUARE FEET OR 2.1803 ACRES MORE OR LESS OF LAND.
PARCEL B
BEING ALL OF PARCEL ONE DESCRIBED IN THE GRANT DEED RECORDED ON FEBRUARY 25, 2019, AS INSTRUMENT NO. 2019-019341, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE GRANT DEED RECORDED APRIL 6, 2023, AS INSTRUMENT NO. 2023-026946, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, SAID POINT BEING THE NORTHEAST CORNER OF SAID PARCEL ONE (2019-019341), AS SHOWN ON SAID RECORD OF SURVEY (41 ROS 12);
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL ONE (2019-019341), NORTH 72° 09’ 06” EAST, 301.20 FEET TO THE NORTHEAST CORNER OF SAID PARCEL ONE; EXHIBIT 1 1447
Z:\2020\A20631-3\DOCS\SURVEY\LEGAL DESCRIPTION\A20631-3-LD_3 PCLS.docx THENCE ALONG THE EASTERLY LINE OF SAID PARCEL ONE (2019-019341), SOUTH 17° 50’ 54” EAST, 358.93 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL ONE;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL ONE (2019-019341), SOUTH 72° 09’ 06” EAST, 301.20 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL ONE, THENCE ALONG THE WESTERLY LINE OF SAID PARCEL ONE (2019-019341), NORTH 17° 50’ 54” WEST, 358.92 FEET TO THE POINT OF BEGINNING.
CONTAINING 108,108 SQUARE FEET OR 2.4818 ACRES MORE OR LESS OF LAND.
PARCEL C
BEING ALL OF PARCEL ONE DESCRIBED IN THE GRANT DEED RECORDED ON AUGUST 11, 2008, AS INSTRUMENT NO. 2008-130946, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE GRANT DEED RECORDED APRIL 6, 2023, AS INSTRUMENT NO. 2023-026946, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, SAID POINT BEING THE NORTHEAST CORNER OF SAID PARCEL ONE (2008-130946), AS SHOWN ON SAID RECORD OF SURVEY (41 ROS 12);
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL ONE (2008-130946), NORTH 72° 09’ 06” EAST, 301.20 FEET TO THE NORTHEAST CORNER OF SAID PARCEL ONE; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL ONE (2008-130946), SOUTH 17° 50’ 54” EAST, 358.93 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL ONE;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL ONE (2008-130946), SOUTH 72° 09’ 06” EAST, 301.20 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL ONE, THENCE ALONG THE WESTERLY LINE OF SAID PARCEL ONE (2008-130946), NORTH 17° 50’ 54” WEST, 358.92 FEET TO THE POINT OF BEGINNING.
CONTAINING 108,108 SQUARE FEET OR 2.4818 ACRES MORE OR LESS OF LAND.
PARCELS A, B & C DESCRIBED ABOVE BEING SHOWN ON A PLAT LABELED EXHIBIT “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
__________________________________ ______________
RICHARD J. HICKENBOTTOM, PLS 8654 DATE
8/30/2024
EXHIBIT 1 1448
8/30/2024
EXHIBIT 1 1449
Annexation Into the
Mariposa Industrial Park
(P24-0104)
Stockton City Council
Agenda Item 16.1
September 17, 2024
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• Annexation and
prezoning of3 undeveloped parcels toIndustrial, Limited (IL) • Zoning of 1 undeveloped
parcel to Industrial,Limited (IL)
• Development Agreement
amendment to includethe four parcels
• Addendum to the
certified EIR
• Lands would be included
in the Mariposa Industrial
Park
Description and Location
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General Plan‐ Industrial
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Current Zoning
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Prezoning – to Industrial, Limited (IL)
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Conceptual Site Plan
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• Amendment adds the requested four
parcels to theAgreement
• Agreement obligations shall be
applicable to the new parcels
• No other changes proposed
DevelopmentAgreementAmendment
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• An Environmental Impact Report (EIR) was certified by the City Council in 2022 (SCH #2020120283)
• An addendum to the EIR was prepared to evaluate the
addition of the four parcels into the Mariposa Industrial Park
• No new impacts were identified and no new mitigation
is required
• Development on new parcels will be required to comply with Final EIR Mitigation and Monitoring Reporting
Program.
Environmental Review
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Next Steps
1. Planning Commission Recommendation to Council (8/22/24) • Mariposa Industrial ParkAddendum to prior EIR
• Prezoning &Zoning
• DevelopmentAgreement Amendment
2. Development Review Committee Recommendation to the City Council (9/5/24)
3. (CURRENT STEP) City CouncilApproval for:
• Addendum to EIR
• Annexation
• Prezoning &Zoning• DevelopmentAgreement Amendment
4. San Joaquin LocalAgency Formation Commission (LAFCo) Approval of Annexation
5. Site Plan and Design Review and Building Permits before Construction 1458
Recommendation
Staff recommends the City Council adopt the following: 1. Resolution approving an Addendum to the Mariposa Industrial Park Environmental Impact Report (SCH #2020120283); and
2. Resolution authorizing the filing of an annexation application with the San Joaquin Local Agency Formation Commission; and
3. Ordinance for the Prezoning of APNs 179-220-14; -15; and -26 to Industrial, Limited (IL); and to designate Industrial, Limited (IL) Zoning for APN 179-220-25; and
4. Ordinance for a Development Agreement Amendment; and5. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the approved resolutions and ordinances. 1459
City of Stockton
Legislation Text
File #: 24-0931, Version: 1
COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES
RECOMMENDATION
Information item only. No action required.
City of Stockton Page 1 of 1 Printed on 9/13/2024
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1460
MINUTES
AD-HOC HOMELESSNESS COMMITTEE
MEETING OF JULY 3, 2024
Council Chamber, City Hall
1. CALL TO ORDER/ROLL CALL - 4:00 PM
Roll Call
Present:
Michele Padilla
Michael Blower
Kimberly Warmsley
2. PUBLIC COMMENT
Hosea Lester - agencies supporting the unhoused community, sharing resources
3. ITEM(S) FOR DISCUSSION
3.1 24-0360 APPROVAL OF MINUTES
Legislation Text
Attachment A- 2024-03-07 Minutes.Qdf
Approve Motion 2024-07-03-0301 approving the minutes from the Ad-Hoc Homelessness Committee meetings of March 7, 2024.
Moved by: Michael Blower, seconded by Kimberly Warmsley.
Vote: Motion carried 3-0
Yes: Michele Padilla, Michael Blower, and Kimberly Warmsley.
3.2 24-0692 PRESENTATION FROM THE HOUSING AUTHORITY OF SAN
JOAQUIN ON PERMANENT SUPPORTIVE HOUSING
Informational item only. No action taken.
Legislation Text
PPT - 3.2 - Housing Authority Surigortive Housing
The following person spoke to the item: Matthew Lester
4. FUTURE ITEMS/COMMITTEE MEMBER COMMENTS
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