HomeMy WebLinkAboutATTN: NELSON LEE TPM 4 OF 7It un
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drainage collection ditc? es and channels parallel to the
properly line or astride such property line between the
property of Bank and the property of Schohr on the westerly
side of the Cherokee levee, under the provisions of Paragraph
4.7,above, such drainage facilities will be constructed by
Bank in a reasonable fashion and manner so that the athn.z toe
of the easterly berm shall be located no more than 2.5 feet
"
easterly of the common properly line..
4.7.2 Grant Of Easement For Trrioation
Delivery Ditch and/dr Pi eline Schohr hereby grants to Bank
and ita successors an easement for an irrigation water and
recreational water delivery fac" ity and appurtenant facil-
acil-ities
itiesextending across the property of Schohr along and
across the most westerly toe of the Cherokee levee, northerly
to the north boundary of the property of Schohr located
within the Cherokee levees for the purposes of transporting,
storing, delivery and conveying tater. There is further
granted to Bank and its successors an easement for the
operation, maintenance, =18truetion, reconstruction and
repair and relocation oil such irrigation water delivery
acilitie- whether it be open ditch, pipelines or a comms
i
bination thereof,
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6/21/87
I
Supplementary
4.8 Alternative Cross ,,s11 And
Dam Locat.i,ons • l:t has been suggested by'Schorr that its plan
t
of irrigation works for the property of Bank originally
contemplated the construction of additional dams upon the
west borrow pit and east borrow pit channels of the Cherokee
levees, and the Reclamation District No. 833 system in
location's that the water elevated by those dams would flow
into the Suez Canal and up the Canal to the pumping station
at the top of the. Canal. A part of that plan involved the
construction of a cross channel across the property of Schohr
located between the Cherokee levees. If such a plan becomes
feasible in the future, it would have benefits to the farming
use of the property of Schohr within the Cherokee levees in
providing a gravity delivery or log<,er pumping lift at the
northerly end of the Sclhohr p;70.oertY. ,
4.8.1 if such a plan appears feasible to the
property of Bank at any time hereafterr Bank will consult
with Schohr in regard to the location of the dams$ dimensions
and operation criteria: in rpcard to those Gams and cross
channel and the location of the cross channel. if the facili-
ty is determined to be feasible and can be constructed and
located without providing for excessive seepage or subflow of
the property of Schohr within the Cherokee levees, Schohr
6/27/87
agrees o provide without charge the area reasonably neces-
sary for an easement for the construction and location of
spoil from the cross channel construction The easement for
the further dams is already provided in this Agreement. The
costs of construction will be borne by the property of frank,
including the corm
..truction and maintenance of, a road crossing
and crossing for piping irrigation hater across the cross
channel if ti •,,se waters will flow by gravity. The easements
and rights of wait to maintain, construct, reconstruct,
repair, and inspect such facilities are provided by this
Agreement. If the parties cannot agree upon a plan, the plan
and alternatives thereto shall be submitted to the h arbitrator
for determination.
5.0 R-COSInition Of O`,-nershir Of 7r.rication and Elec-
trical Powsr Facilities
i
5.1 Except, for Pump NO- 10, Schohr hereby con-
firms, stipulates and agrecs, that all pumps, motors, wells,
electrical services, circuit brei -hers, fuses, transformers
not owned by Utilities, and: all private power conveyance
lines and poles, and all culverts, irrigation gats and
valves, rice boxes, dam hardware and boards and all roadway
aces located or designed to be located upon the property of
Bank or usable for the benefit of the property of Bank as
6/2'7/87
providedherein shall, be the sole and exclusive property of
Bank and shall, be available for the sole and exclusive use of
Bank. Bank confirms that she railroad cabooses located upon
the property of Bank are the property of Schohr and shall be
removed at the sole cost of Schohr as soon as feasible, if
they are not removed by September 3,0, 1987 and the area where
they are located graded and left in a clean and usable
condition, the and all appurtenances shall be the
sole and exclusive property of Bank.
52 Except as to Pump No, 10, Schohr does further
stipulate, that all irrigation Pumps, electrical services,
fuses, circuit breakers, transformers and ponder conveyance
lines and poles, and similar service to the irrigation
pumping station located near the clams and near the upper end
of the Suez Canal, as shown; upon Exhibit "D", are the sole and
y exclusive property of Ban} and for thet
sole and e;Clusive use
of the property of Bank.
5.3 Schohr and S -! bbh-i- Far-x� do hereby agree and
stipulate that the power lines and conveyance facilities,
transformers, circuit ;b'Weakers and associated facilities for
the conveya,,ce of electricity and measurement thereof located
upon and adjacent to the main roadway easement (the Gridley
Colusa Highway Road to the 'Hoadquai teas) described in
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r 4
Paragraph 4.3'crossing the Cherokee Canal and Reclamation
nis•tzict No. 833 facility are owned by P,G.&E. If any of
such facilities are not owned and/or maintained by P.G.&E.,,
they are hereby agreed to be -jointly owned, maintained,.
canstructed and reconstructed for the benefit of the property
of Bank., the property of Schohr and the proper-
$ -y. The use of the facilities shall be enjoyed by the
parties in the present electrical capacity on the date of
this Agreement served to each of the respective properties on
the date of this Agreement. Bank shall have the right to'
expand the capacity to meet the additional requirements of
its facilities located upon the property of Bank, but shall
pay the capital Cost o the expansion andd shall thereafter
maintain those expanded facilities at its sole cost: Bank
shall not impair or burden the existing pcwor capacity
available to the Schohr property or the Schohr Farms" proper -
1 --y. The maintenance of, any,`jdin-(Aly owned and used facilities
shall be performed and,borne as provided in Paragraph 9.0
hereafter.
5.4 Bank does he,xgby. grant a non-exclusive ease-
ment to Schohr and its successors in ownership of the proper-
ty located within_ the Cherokee Cana.. levees and the P.,D. 833
levees, for the installation, maintenance e conGtrtict;,r n and
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6/27/87
w3dr
reconstruction of electrical pa'wer fines extending from the
um station near Poi n'" - as -shown on; Exhibit " WLtU
-
existing pump
thencealong the bank of the Sue;�.
Canal leading to the inter 5
section of that Canal with the Cherokee Canal Levee, and
thence Onto the lands of Schohr within the Cherokee Canal and
R,D. 833 canals. This easement shall include a reasonable
right of ingress -and egress alone such potter line once
constructed £or inspection, maintenance and repair purposes.
The facilities shall be construct -e6 and located so as not to
.
use of the property of Bank.
unreasonably interfere, w� tYa. tnE:
Schohr agrees that should such facilities be constructed by
Scnoi'L.
ir or its successors that t:hey may be thei:eafuer be
;t,µ,successors for the purposes
joint] utilized by Bank or _
of extending Power service for Bank's use for the benefit of
Bank,
provides, that Ban); shall. not burden the
the property of
r its siacce so'r= and shall reiT`a-urse Schohr
use of Schohr o
r a proportional part of the original construction cost O:
�a _
the facilities based upon the PrOPortion of the electrical
capac�#_
of each respective party fo:� each reach, of the
jointly used twransmission, cordoctoxing and delivery capaci-
Ll
G/L7/ 87
j
•
6.0 Roadway Easement
- _Diviciing itemain`derkrcel� and
Bank Property:
Schohr and Bank agree that there is hereby granted to
each property a, non--exclusive roadway easement which shall
dit;ide the Remainder Prcbe y No, 1 and the property of Bank
extending from, the east levee of the Cherokee • Canal to the
Point shown as Point C on Exhibit "Duo;l This easement shall
further include' a pad and approach to the Cherokee Levee
whichad and a
P PProach si1a.1l be jointly used by the parties
for loading of equipment, crops, marshalling of equipment and
materials and similar purposes. No natty shall block the pad
for an unreasonable time, it being necessary for the turning
and manoeuvering of equipment. This easement shall be
utilized by the parties for vehicular and pedestrian access
purposes and for utility use whether above or below the
ground. Each party, its successors, agents, employee,,
independent contractors and tenants agree that such roadway
and pad shall be utilized in a reasonable fashion so as not
to burden the use by the other party and so a_s-not to damage
the roadway. The roadway and pad shall be initially cn;n
structed by Bank andshall be located orae--hal f on each side
of the property line. The maintenance of this roadway and
pad shall be borne fifty percent (50) by each party and,
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6/27/87
-hall be governed by the provisions of Paragraph '8.0 in all
otner respects relating to maintenance, use or the settlement`
Oi. disnutes.
70 Hoodoo Island Easements And Facility Use:
Hank hereby grants to and for the use and benefit only
of that real property described in Exhibit "E-2" known
commonly, as "Hoodoo Island" the xdllowing terminable rights
of way and easements:
7.1 These respective easements for access ani
water delivery shall be terminable when the owner of Hoodoo
island has another means of practically providing for either
access and/or water delivery for agricultural and reca:eation-
al use upon Hoodoo Island. The Option'of constructing a well
to serve Hoodoo Island shall not be considered a practical
alternative unless and until, Schohr or its successors shall
elect; to construct a well upon the property (unless a well
solely for residential use) Or a diversion from Butte Creek
Upon termination, Schohr os: its successor agrees to execute
and deliver a quit claim 6e,ed in favor of Dank or its succes-
sor.
7.2 Bank hereby grants a non-e.4clusive easement
team-1nab1e under the conditions of Paragraph 7.1 in favor of
Schohr for reasonable ingress and teres to Hoodoo Island
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6/27/87
Utz ��t
ybl'bugh vehicular us . anis
''�" easement shall be located upon
and across that roadway shown upon Exhibit "Df, and labelled
"Hoodoo Island Roach.". This roadway shall be relocatable by I
Bank from tame -to -time provided that Schohr continue, to h—%Ave
reasonable vehicular access to 'Hoodoo Island. Schohr; itst ,
agents, employees, tenants and independent 0ontract,ors shall
reasonably utilize such roadway. x gate may be installed by
either party at the entrance froit; Bighs-Afton Road to the
road, but each party shall be provided the :loci: or com-
bination to that gate before installation and at all times
during its maintenance; Maintenance costs of the roadway
scall be borne by the owner of hoodoo Island and the property
of Bank in, equal amounts and maintenance shall be governed by
all other provisions of this Agreement in regard to pa.--ment
and disputes.
7.2..1 There is pfurther granted by Bank a
utility easement for the cciweyance of electrical power to
the Hoodoo Island property. Such utility facilities shall be
located adjacent to the roadway described in Paraq,:aph 7.2
above and shall be subject to each and every provision of
Paragraph 5.3 in regard to joint use, construction of the
capacity and use thereof. This right to locate, operate, and
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F-
_77
1' � 1. V X14"' i J • .:
F
such utility easement shall not terminate upon the
conditions. specifiers :in Paragraph 7.1;
7.3 Bank hereby grants a non-exclusive easement
terminable under the conditions or- Paragraph 7.1 above in
favor of Schohr and its successor owners of the real property
described in Exhibit "E-2"/Ifor the conveyance of irrigation
waters and�y►atersTMfor rooecxeational use through the :ditch
shown upon; Exhibit "t)", and labelled "Hoodoo Island Water
Delivery". ` T hisdit may be relocatable by Bank so long as
reasonable means � l coni►evance of water to Hoodoo Islan6
across the property of Bank are provided.
7.3.1 Sources Of X7ater For hoodoo Island:
Upon regUest for water service for hoodoo Island, Bank shall,
operate one or any of the following sources as designated by
Schohr to provide for water service for agricultural or
recreational lase soon. the Hoodoo Island property:
(a) OL �-,:ate the deep wells which will
serve the c.itch delivering Ywa.ter to Hoodoo Island. Upon
ccmmencemer,t and termination of operation, the Electrical
meter or water meter if one exists, shall be read and the
usage tabulated; and/or
(b) If Schohr shall have a right to
utilize waters flowing under the Biggs Aftoj Road into the
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6/27/87
drain running paralleltci Biggs At
Road, Schohr malir elect
to have those waters dumped „•rata Butte Creek and pumped by
Bank at the pumping station located between the point of
entrance into Rutte Creek and the Bridge to Hoodoo Island.
Bank shall not be requived to operate the pumping plant if
the plant and all appurtenant fac jitiers are not in a condi-
tion to erate provided in that circumstance, an estimate
Of _he C:Ost of 'rehabilitating, protecting or reinstalling the
y
pumping plant shall be submitted to Schohr and Schohr may
�• r
elect to advance that cost to Bank. If that coast is
advanced, the actual costs of rehabilitating the pumping
f ,
plant shall be paid by Schohr (whish actual costs may be
greater or less than the estimated costs). Thereafter,
during the Life of the rehabilitation work, if and to the
extent that Bank utilizes the plant, proportioned to the use
by Schohr in acre fees, per year pumped, the capital cost
incurred by Schohr s}iall be reimbursed to him annually, using
the
:life o: the improvements and an 8% interest rate.
(c) Alterrrativelyp Schohr may elect.
to pay to Bank the casts, or, in the alternative provide for
the performance of the work of digging an access clinch, Lrom
the head of the irrigation ditch presently serving Hoodoo
island and to the drain and to cause the installcation of a
6/27/87
i IY 'a ;en 1
lift pump at that point to lift water from the drain ,into the
n.r irrigation delivery ditch. Upon payment of 'this cost, Bank
shall cause the operation of the facility to lift waters
which Schohr is entitled to into the irrigation ditch and
deliver those waters to .Hoodoo island. If Bank utilizes this
facility for delivery of water to its property, it shall
reimburse, to Schohr a portion of the costs of the works as
outlined in Paragraph B above
(d) During periods in which there is
natural flow within Butte Creek which flows Hoodoo Island may
be untitled to a.portion of, to the extent that the pumping
facilities of Bank upon the creek are in operating condition,
upon request from Schohr Bank shall operate tho-e facilities
to lift water from Butte Creek and divert it into the irriga-
tion ditch delivering waters, to Hoodoo Island. If costs of
rehabilitation are required to provide for operation of the
purrtiping facilities, the provisions of Paragraph 2 regarding
Schohr advancing costs of facilities above shall equally
apply to this alternative
(e') The drainage chancel, extending
under Biggs Afton ;Road continues in a southerly direction
o Under the alternatives in which hater would be delivered from
{
this channel to Hoodoo Island, it is necessary to provide for
t
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6/27/67
6/27167
1
the maintenance of water levels within: this southerly exten-
sion of the channel at a level that permits water to flow
westerly towards Butte Creek, Bank agrees to provide for the
Ti of a temporary shelf or berm at this location,
the cost thereof to be borne by Schohr or proportioned
between the parties if they shall both be 'using water from
the Westerly eXtension of the drain in proportion to their
use of water during the year.
7.4 Schorr shall pay all costs and expenses
incurred by Rank or its successors in providing for such
wager delivery, including reasonable transportation and
conveyance water losses and costs of measurement of the
Water. The payment of sucI; amounts shall be made in advance
of the delivery based upon the estimated costs to be incurred
and thereafter an accounting shall be provided to Schohr
* adjusting the costs to the actual costs, including estimated
but not expended maintenance, operation and capital costs of
repair;_reconstructiot and replacement of the facilities
used, proportioned to the use. by Schohr compared to the use
by the property of Bank on an annual basis, if any re-
strictions or limitation in oapGci:ty shall exist, Bank and
schohr agree that in their joint use, Bank shall not be
required to devote more than fifth= percent (50%) of the
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6/27/87
c
capacity of the wells, delivery ditches or water available to
Schohr during the period of such limitation or constriction.
The casts of maintaining th; bridge across Butte Creek to
Hoodoo Island and the costs of ira?ntazning the water pipeline
attached to the bridge shall be borne solely by Schohr.
Further, if any additional costs or e>cpenses are incurred by
Bank in providing for the coordination or combination of the
I
above described sources of 'water at the request of Schohr,
Schohr agrees to be fully and solely responsible for those
costs and expenses.
8.0 Maintenance Of Rcad�,ays;
As used herein the p�.rase "maintenance of roadways"
shall include all repair, replacemenr, recanstructian, the
installation of additional facilities, surfaces, bedding or
additional or altered drainage or Ulater caxyy.ing facilities,
the ropair and instnilation of bridges, culverts or similar
permanent facilities associated tgith the roadways. The
erase "maintenance of roadways" s'rell further include
reasonable improvements or devious necessary to protect the,
roadway from damages or to reduce future main mance r ,,sts .
The phrase "maintenance o:`'shad not inclt;de the.
paving of agricultural use road'v-',-iys provided, howevsr, if
either party shall elect to have a roadway p-Ved uch ru�,d�tiay
6/27/87
i
�.'
-hill be paged at that party's cast &nd LTiereafter main;ta,,
Ined
at that par-by's cost, only if an alternative, equally acces-
sible routj, is provided for tracked farm vehicles of,,'all
other parties. After paving, the cost 0 maantena';ce of the
paving shall be the coat of the ,party who elected to have the
paving installed, except that to the extent there is a
savings in anticipated maintenance costs resulting from the
paving, the paity paving the roadway shall be entitled
annually to receive a payment from all other panties respon-
sible for the maintenance of the roadway equivalent to such
savir_as to these,ather parties in maintenance casts zesulting
from. 4he paving. Further, all other parties shall after
Paving, utilize the roadway in such a fashion and manner that
unreasonable damaae and destruction of the paved surface
shall r_ot occur. The exist-inc paved stir aces upon the
commonly used roadways are recognized by the. parties to be
installed Adth inadequate base materials. Bank shall have
the right to elect to scarify and remove the existing pave-
trent surfaces rather than to attentpt to maintain those
surfaces. The costs o.z such rem:cval and alteration of the
roadb`ayr surface shall be part Of the cost of maintenance of
the roadways
6/27/87
f,
I
fy
8.1 The cost of maintenance of the commonly used
roads and the performance of such maintenance work shall be
governed by the following:
8 , l i l ,All work of maintaining, repairing,
reconstructing, n� if�'i , .K i�np c ging she road easements
o
labeled (i) "the Gridley Colusa Highway to 8eadquarters
Road", and (ii) the "Headquarters to the Biggs Afton road
why"; and (iii) the Hoodoo Island access road; (iv) the
Zemainder Parcel Road and pad; and (v) if constructed, the
road along the Suez Canal from the pumping station to the
Point of intersection with the east borroN, pit channel. of the
Cherokee levee shall each be undertaken by the owner of the
propd;rty of Hank and its successors bark shall cause the
roans to be maintained in reasonable and customary condition
for Butte County farming roads,
8.1.2 The cost of maintenance of the roads in
I
(i) and (.i) above shall be paid by each of Park and Schohr
and their respective successors in the proportions of 6,863
(84%) -acres for Bank. amid 0152 acres (1:2%) forthe property of
Schohr and 320 (4-%) for the propert-v of the S6hGL14,r--Farms.
The cost of maintenance of the Hoodoo .island roadway and the
Remainder Parcel ,Road and pad shell be borne fifth percent
(50%) by each of Bank and Schohr.
711
8,1.8 Annually or more often Bank or its
success -ors shall
provide for an accounting to Schohr of the
amounts expended or ,caused to be e?upended in regard to the
maintenance
,,Control and improvement of such roads, cross -
Ings, brides
, culverts, toe dwair.s and similar fac ,l.ities
forming a part of the read%a
Y }' r aan} 3 0i ntl v owned utilities
and zacil.ities located hereon or
adjacent thereto and Schohr
shall advance 'ts Proportional share of such costs. Those
amounts shall be pard to Bank within thirty (30) days of
billing. If there shall be a dispute in regard to work
performed by the Bar:}, the necessity of such work being
performed or the costs -tcurred by Bank are asserted to be
unreasonable, such dispute shall be resolved by arbitration
as provided herein,
8.1.4w,-'. T,
-�o- to Providing .for the performance
oa ani► item of work of mainter:ance of the roadways which
U'Ould cost more than One ThousandDollars ($1,000), Bunk
shall provide written notice to Schohr and its successors of
the work proposed to be done, the es-Lir cess of the work
and anv other conditions or terms for Performance. Schohr
al. have fifteen (1.5) 6,;3=s Irzon the date o
mailing of the
notice to indicate kheLher it wy5hes to perform the work upon
the condition and for the price specified.
If Schohr does
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6/27/87
� n .e n v; •*e+n�v.:<ev.wx ro a4urrv.
ti, ,'
nr
riot reSaond _ , it shall be teemed to be an election to forego
performance of the work. If Schohr elects to perform the
work, it shall provide proof of P,or.kers' Compensation Insur-
ance and of general liability insurance in an amount .of not
I
less than One Million Dollars (1400,000) with broad form
coverage and property damace insurance of not less than Two
Hundred ThousandDollars ($U0000). The work shall be
performed in accordance with the specifications and without
variance therefrom. 1x,11 damages caused by the work or
actions of Schohr shall be borne by it and shall not be
Teemed to be maintenance costs. Failure to perform according
o the requirements or in accordance with the time or other
conditions specified in the notice will result in the payment
by Schohr of the damages incurred"". by Bank and other holders
of interest in the pro-perty of Dc -n); as determined by the
arbitrator.
5.1.5 At such time as Bank no longer is the
owner of the majority of the aooy-oximately 6,863 acres
described in Exhibit 11I31,, the rights to perfoa:m, supervise,
arrange and provide for the maintenance of the roadways shall
pass to the holder of the largest percentage holder of the
property of Bank.. The cbligittiot to pay a proportional part
of the maintenance Shall Pass to each of the successor$ of
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6/27/87
J
w:
anl:. the successor owner of the property of S4hohr and the
owners of the property of the Scho'hr Farms in proportion to
the acreage held by them of each of those respective prop-
erties. Maintenance costs for the roadways shall further be
proportioned among successors of the parties on the basis of
the dates upon_ which passage or title occurred regardless of
when the maintenance work occurred during an accounting
Period. Billings shall be made by mailing to the address
provided by the County Assessor of the County of Butte for
each property owner: For the purpose of apportioning the
maintenance costs for the period, Bank and its successors
shall use the records of the County of Butte in retard to the
number of acres owned as shown by the County Assessor. For
1987, the percentages specified in Paragraph $,l.2 shall be
applicable regardless of the Butte County Assessor acreage
calculations
8.1.66 Relinrruishment Of Richt To utilize
Roadways: Any party to this :agreement or a successor of any
party hereto may elect to relinquish any and all richt to
utilize the "Gridley - Co?usa. Highway to Headquarters" and
"the Headquarters to Big5s Afton Roadway". Such rel incruish
rre1n t gust be as to both roadways and may not be; as to one- or
a---,to a portion of those xcadways Upon recordation of a
i
•I
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6/27/87
tial d, legally binding relinaui s
i:ment signed by all holders
of interest in the relinquishing property, and upon issuance
of a policy of tile insurance by a title company chosen b
the remaining parties With an insurance amount of Ten Thou-
sand Dollars ($lo,000), the premium for which shall beI
paid
by the relinquishinc parties insuring the effectiveness of
the reli.nauishment, the part, shall be deemed to have relin-
quished all interest in the roadways easements and shall
thereafter not be entitled to utilize thoseroadways and;
utility easements in any manner and shall be deemed not to be
responsible for any further maintenance costs for the road
oays to be incurred thereafter. The issuance of a contract
for materials -or ,iork for maintenance of the roadways prior
to the date Or re'cordo tiol:i
rC>.
.a acd_` }irig any of the roadways �}.Haran. as the Cherokee Canal,
levee roads; the R.D. 833 levee roads,the roads used for
access to water delivery, storage or transportation
facilities located upon the property of Schohr described in
Paragraph 4..6, et seq,, above, except that if Bank, its
tenants, agents, employees, invitees or success,;,rs shall
utilize such roadways in such a fashion ac t-, cause damage in
excess of normal wear or tear, or shall operate upon such
roadway during inclement weather conditions so as rut the
roadway, Lank and its successors shall promptly upon pro7.1er
weather conditions
Provide for remedying oy such ea:trar5xe;,-
nary wear and tear upon the affected roadway.
8.3 Any disputes in regard to the re4„�anable6ess
of the work of maintenance Performed or as to the allocation
OA. costs for unreason-ble use or anv other 4.8pute hereunder
shall be resolved in accordance With Pr.
a.. �:qaph 13.0 Q entitled
"Arbitration” hereafter'.
9. Q Maintenance or Electrical Service
Facilities:
Any e],,Octrical service including poles, pole lines,
trGnsfO !rs, or circuit Breakars which are used commonly by -
the lanel,'s of Bank and the 1 -",ds
0-Schohr or Schohr ra ms
shall continue to be so uso. cc+;;,,ionly. Ani° costs oL
6e27/8'7
' - Y - :.. . 'k _ 6 n'c.NWrtiufr-".r.Aww-•.¢-r,W.b:..f..µ,1.. -
-a n-enance of such electrical facilities which are not paid
b%, Facixic Gas and Electric Company . aother utility
" � Y or any
utilizing those facilitiesl shall
be borne by the parties in
proportion to the electric demand capacity of the facilities
of each of the parties,
If -n-N of those electrical Lac:ilr
ities shall not have individual meters and shall reouire the
division of an electrical bill, the method of providing for
that division including the cost of installation of addition-
al meters or gaugers shall be divided between, the parties in
proportion to the capacity from the facilities Jointly used
which are not capable of measurement or division without the
additional. facilities. 14aintenance shall be provided for by
Bank or its successor. and the costs accounted for periodical-
ly. Any disputes in regard to the performance of the work,
reasonable cost thereoLi ar any other dispute shall be
resolved by arbitration as spec4- ied hereafter.
10.0 Use Orwell Fo,,: S`;. ter Service To heaciau.arters
prooerty
Bank, ,and its successors acree that upon written reaues�,
Bank and its successors, tenants, employees, agents, indepari_
dent contractors or other parties enjoying the use -of the
Property of; Bank shall deliver from the jA*ell son upon
EX-hi.bit 1) and located near the westerly boundary of the
6/-27/87
* aGAW�uar�
terS water
�,. for srrication r
pur�Uses. That
ter Wi11 be paid for by
SC;t'lC1t'lr or its successor,easonable cost of at the
prociucticn, and delivery, inc,lud' ng all
operations and maintenance costs. The costs of o er �-
maintenance p-ataon and.
shall include a reasonable allowance for repair
and replacement of the W011, Pump, electrical
facilities in
the future and proportional
r o
allocation of any demand or
electrical caoacit charge �-
�o use of the well I b v end 5cho - y -Bank proper
t�� �_ bropext�+, fan}o and its successors shall:
Provide��or. water deli�r�{ 10;•,it;:�_n 48
hours of a writteni
request and f any limaZ ration upon water capacity available°
from the well to Supply pp y both the needs Of the property, of
Lan): and the Headquartersx L Schohr
pxoper�y o,,
parties agree that such. ca A.
exists, the
shall be divided between, the
paries with each receiNing
pexce'It (50%) o the
capaci -y during she peri
Od cf #.wT! i tc3taon in oa�acima„ x
11.0 In the operation of either the water r"atilt'
les
Utilized to supply Hoodoo Z��
$!Pnc or the well facilities
supplying the Headquarters tarcel, oL in the tater avaita
bil-
itv to Pump Na. 10 of S ic.toi . r s z
an.;.,e pumping station
from the
Cherokee borrow pits, Bap), -or its suecbcsors
acent.s t tenants;
employee, or independent contractors (the Indemnified
Parties) shall not be liable
for any r",ar ,saes or injuries
-50-
6/27/87
4
}
employ ee- s
+R it successors, aen.ts, tenant-�
s y of
aAisinS to Schohr, unavailabili"
endent caritxactars sxom del ay or
Cr ': ndeP
,� dei colldPSe or other
water supply due to brew}:aa.. ,
aura,
s or ai�.uz�' or the water supply I .
failure of the facili t� gliaenoe or
result t o" the nc
�no4her such... failure be as a successoz:s, or o- fixe
omission a f '�an), �-' S sats in cwnerslaip
unreasonable orris �cnohr and �,Ls succc s,
n , ^ied 'Parties. s respectively do
xnGemxia.4 haaaoo island
Headquarters proporty or parties
o�
the xeadgu the indemnified
ki; agree to indemnity ai7ci hold ,ability
hereby ; e%pense or l
ariv -ucn cla-m,
��
from ;� s fees,
free ata harmless Other aosts, attorney's
riot l,rnited to
including butn any proceeding Or
expert �jjtness fees (whether
utilized i
Costs incurred in defending the Indemnified
no t) r Or other
Parties from any such claim'
Further Instruments s�iccessoxs axed
12'0 a x ,tet and then,
Scaohr`�"'t'1. hout further
ccessGrs agree hey elter Other party
and it -Is su c>ut . favor of t`1ac t7th are
to as
i eX L umr ntr7
- e
char -Ole
er PenS ' ,-aavle ij= -
s�r,e,itS 0 i'L Goy
x cement
saecific written' ea ,.. i� ler��-ntat a enfor-
ion rid.
�axy the p zesenta
nece".� the P
ieesonably its te�:ms. Upon
+- and Cacti ay inc] 11dina,
�,orenmen� area
o, ;On
for
t'r,e easement his 'teen a¢scripc- an
of aJ ��ri cement area, and/Or
L
,F �r�n such ea
• a map
'ng the location °'
p.
u ,
.- .,...-,,...,...�.,W+.w w>,✓+w.rn,...,.,,.. r.....:a.... ....,,r-.,..:.«,..w.,r-w:+ .«..,.�......,..,.,.a.—w�,..w ,.re, +
«..........-at, ,.wH.. ws.,.., .w.+ -a, ,.-..,a-,. ..,a��w+,.—.,.aY ,+c,.nw.,,rt„, ,.....•..
Y
nst2:ument implementing the
'- Terms of this Agreembnt
�-~ a �.-. - ' SGhonr
...._ ,�...,. or their� Successors or Bank or its succ'es
f sons shall, execute such instrument prCmptl}> , If any
lease or
security interest shall exist upon the real
Property made
subject to that proposed easement or instrument the owne' f
r o�
that property shall tirorrp�ly provide for the release or
subordination of that interest inatror of the interest
granted to by.the other party, No party shall request the
M
easement or right of use in such a fashion or 'manner thint
w_11 unnecessarily interf
or unreasonably 1
} ere with the benefi-
cial use of the other par_y'S property• The successors of
Schohr �rrt and Bank shall be bound by
this
Provision and this Provision shall be deem-----,
ed to be an un -
located easement or easements upon the respective real
Property described in -Exhibits B 1�
--
13.0 Arbitration,
13.1
If any. party shall
object to any item in a,riy
pr:apasal, action or accounting, perorn;ancc or lack of
"erformance, or any cii-sputa (other tha.±a the issue of ` whither
this Agreement should be te+"1ilin,#ted 01." C8U5e)
, shall ,exist
under this Agreement, Chat Paa17t3j shall wzth n thirty (3 0)
)
days rrom the date of receipt of notice such proposal„
accounting, notice or stgter;ent,, notify alb other parties to
y J�+
6!27187
,
this Agreement or their successors, in writing and shall
specify the nature of the objection and the specific alterna-
tives proposed by the objecting part}t. Whereafter, if the
,oa,rties shall, not aaree Ln writing within ten (10) days -Zrom
the date of mailing of such written speci`icat.ior., an arbi-
tra:_or shall be appointee and serve to determine all the
issues disputed. If the dispute relates to the delivery of
water or availability of water, the time for response shall
be shortened to 48 hours..
13.2 The d'ete:x-mir,ation of the arbitrator or the
arbitrator appeal panel will, be final and binding upon each
party and each party Specifically waives any right to claim
t`r�t the arbitrator has exceeded the scope of the
arbitration,- has disregarded evidence or principles of law,
and further, waive; any right to disclaim the qualificattion
or llnct' on. of the arbitrator in any TrrFnner or fashion.
13.2.1 Upon rendition of the arbitrator's
decision, if any party believos that the decision is not in
:accordance 1;471th the terms of this Agreement or is not based
> pon the' ev di-;nco or law, the party may appeal to an arbitra-
tor appeal panel, the arbitratc,r s decision upon, and only
upon, the following conditions:
6/21/87_
(a) The party appeal-ing must abide
by the decision of the arbitrator during the pendency of the
' appeal proceedings in all .� respec,.s and manners. This shall ,
include 'payment of the costs nr amounts speciaed by the
arbitration award.
(b) The party appealing will pay all
of the costs Of the arbitrator appeal panel and of any
experts employed or consulted by that panel or airy other
amounts awarded by the arbitrator appeal panel, whether that
paLnel shall. overturn or vary from the arbitrator's decision ,
in any manner.
13.2.2 The aa:batrator appeal panel shall
consist of an arbitrator chosen his the party appealing to the
arbitrator appeal panel, an arbitrator chosen by the other
Party to the appeal and an arbitrator chosen by those trio
arbitrators. The members of the panel shall be licbnsec
civil engineers within the State of California. The original
arbitrator shall not be appointed to the panel by either
party or by their appointees. The appointments shall be made
by the party appealing at the t irre of the notice of appeal
to A -
:he arbitrator appe'ral rel t,hich Ehall be within 30 days.
of the decision of the a—,-bjt,.atc,r. Within 20 da,Ys or such
notice and appointment, the ether party Shall appoint its
-54-
6/27/81
Member of
the p,ane.l and the WO orb ✓rotors
shall anaoin t th,e
third member within 20 date
s thereafter If - ,
the -Wo r. members
of the arbitrato' s appeal Panel Cannot agree lei thin such 20
days, the Superior Gattrtfor the County of HUtte shall
Fppai:t the 'member of the panel, the 4rbitrator appeal Panel
shall have the right to consult W"th the arbitrator, experts
or, other consultants used by . the arbitrator 'or
others and.
shall have all of the Power to incur and provide de far the..
gathering of
data or inxorr;,ation as the
arbitrator. The
decision of the arbitrator appeal panel shall be final and
binding upon the parties in all respects and .such award or
decision shall be implemented a$ provided in the provi-sions
'applicable to the arbitrator's decision
Ea^h party hereby WaiNres the right, to com-
mence any Court proceedings in regard to an issue made
subject to arbitration by the terms of
L, this Acreement except
to the extent that the a`bitratnr
s or arbitrator appeal,
Panel orders are not being abided by and Court action is
7tGcessar%r to enforce such order. Tach phi tit agrees that
the
failure to r h
quest arbitration �4ath�.h the '�0 days elapsing
`ram the time of notice of'
matter shall bar the bringing of
any arbitration proceeding or court action in regard to such
subject; proVided, however, if the matter in dispute is of a
f 5J-.
6/27187
I�
continuing nature or repetitive..11 occurs, the failure to j
request arbitration shall, not bar the. request for arbitration
or Court action at, a later time within thirty (30) days after
the subsequent occurrence.
13.3 Appointment of the arbitrator shall be made
by mutual agreement of the parties. if the parties cannot
agree upon the identification of the arbitrator 'within thirty
(30') days fr,= the mailiiig of the objection, or the shorter
period specified in regard to issues relating to water
a ail.ability, the arbitrate= shall be chosen by the Superior ,
Butte. The arbitrator 'to be
Cortin and tor the County of
named shall be a civil engineer experienced in the field in
dispute
13.4 The arbitrator's fees and fees and costs of
petitioning for the appointment of the arbitrator shall be
paid by one or both parties, to the arbitration in accordance
with the determination of the arbitrator as to the fair
apportionment olf such fees and costs. The arbitrator upon
rende-ring its award shall tet e_rmi ne the patty that prevailed
based upon written sLatemo its ,..de by oath party at the
couar�encement of the arbitration as to the position of the
parties and their alternatives for ling the mattsr. A
p Sett
statement of a proposed settloment, shall not be binding upon
6i3J5
✓✓
r, r
7777-777777
777
R
any parry and: shall not be considered as evidence by the
arbitrator ;xcept"to the extent that the arbitrator upon
raking its sole and independent determination shall determine
the party which prevailed based upon the proposals for
settlement of the matter made by Each party and shall deter-
mine that the non--prec<ailing party shall pay some or all oJC
the costs of arbitration including any costs incurred by the
arbitrator in.employing experts to advise the arbitrator in
r
reaard to specific subjects or questions. The arbitrator may
furtheraward the cost or attorneys .gees or expert witnesses r
consulted or employed in the preparation or presentation of
evidence to the arbitrator by the Prevailing part}= if, in the
arbitrator's determination, the position of the
non-prevailing pasty' Was not reasonably taken or maintained
or was based upon a failure to properly exchange or communi-
cate information with the pre`-ailing party in regard to the
M
subject submitted to arbitration;
13.5 The arbitrator's determination may further
pxov.ide for prospective and directions fc_y the
parties to comply with. Under such Circumstances the arbi--
Orator's award shall be binding upor the parties and shall be
undertaken and perforrted by each of the parties until such
time as the arbitratorls directions to the party ;shall lapse
6%27/87
/� a n vi •'Q7
i
by their terms, or the arbitrator shall notify the parties
that those terms are no longer in force or effect or shall
modify those terms. The arbitrator may direct the prepara-
tion, execution and recordation of instruments and each party
shall tiromptly comply theretiith., The provisions of this a
1greement specifying dollar llmits of insurance or contractu-
al amounts may become unrealistic due to inflation or other
tactors. The arbitrator is provided with the authority by
the parties to provide for the amendment of those amounts
from time to time. The parties agree to execute such docu-
ments required to accomplish those modifications. `
13.6 if it s :++all, be necessary for either party to
coTar,ence a legal action to onforce the terms of an arbitra-
tor's award( the prevailing party shall be entitled. to
seasonable attorney's fees and ccsts incurred; including the
costs of any consultan�ss. or e:;perts employed in the'prepara-
tion and/or presentation of anyR evidence,
14.6 if it shall, be nece=nary for either party hereiCo
to ccmirience legal action to enforce the terms os; prow°.sions
of this Agreement, the prrraili.ng party small be antitlod to
reasonable attorne!`s :,.ees and c^sts incurred, including the
costs of any consultants or experts employed in the prepara-
tion arid/or presentation of any evidence in such proceedings.
6,/27/8?
r
It shall not e
a PraCd37diCiAl"l O' oa)'ment of Such costs
Expenses that the expext�ax
s or consultant !,s l nforma•tion or
evider..ce shall have
been presented in ani; such proceed'
a Precondition ng or
that the G�'�'V1.Ceg _
oL xhe attorney 'C'osts
or, associated with
any Open those serNk'ces Shall have been incurred in
pen Proceeding, �T-
:7e costes 0:6 a Prekailing Party
incurred in negotiations and
discussions to settle a matter
may be awarded by a Count or
` a bltrator as specified under
the terms of this Agreement,
15•QIf any party or successor shall fail to
make a ,
Payment as
Provided under the terms of this A i
n
. thirty (30 g -d^y - r
eemet within
n s e•: the date tha 4 Payment �mEnt is due.., the party
.'ailing to make the monies dE!T�C?sit Shall be required to pay:
upon such interest
vata rate fie
(5) percentage points above
•the rate then being charged fog- by the Earl- df America NTS&A
as the xime orate. to
` preferred comrliercial customers •for
Period iwhich there is dei in the
lay Payment and shall
no watej- service receive
un�.ri Fhb °`u1.A :sr�oun4 is paid:
16-0 This Ag'reenlert s?-
,a7_1 e ti'ndi lg Lunn the succes-=
sorS of each Dar -V. If
_. at rs V �� •
Word "successorsinh_s
AO-ecment the
"successors" Shall
be or4i; 4ed, such Cr i psi On has no
legal significance. Iz any .of the
property described %n
Or
Exhibits ",?SEI B„ ,� ��
C shall be di%lidod or subdivided the
-59-
6/27/87
6/27/87
Zea -ms aAnd provisions 0. �, `
�-h- riax eeirrent shall remain evua lly
binding upon each successor 0"er Or the lands SO divided
and
its tenants and occuparts- -One 4:
anc terms andprovisions of
this AgreerC:eZt shall nest be JrOd ,ya.ed or changed except to the
extent that any such cii�tiGion constitutes a burden or makes
more expensive the terms ar;d arotris,ions performing this
_ Agreement, the lands so diNrided or subdivided shall pay any
additional costs arising directly.Or indirectly; from such
subdivision or division,
17.0 This Agreement shall be recorded in the County of
Pune upan its execution and shall remain in roll force and
effect until, a writing shall be executed by each party hereto
on the successors of those 0car ries and recorded
indicating a
different intention
18.0 A failure to uti? -Ze or to enforce anti term or
.prov'is'ion Of this gr e
�# e iiT _il. off` any acil i tV d r
_ esc ibed,.in this
z reeinen t, shall not cc+r_st; ,
_tu-4e a waiN er or disclaimer of any
it
=nterest under the terms: o ;his aree,j=nt.
NO estoppel or
claim Of surrender shall a:-ise +•om i5hr.-use so lona as the
party shall continue to rra),ethe paYnents in the proportion
and „s„3unts specified uneer the �e2-j�S o4'
' this Agreement.
19.0 Each of the parties agrees to act in abod faith to
iriqll enoent and to allo;q _or the Der OI.r,i:l1Cc C?f the obla dations
-60-
6/27/87
60Gf27,/87
I
and the rights gpeC_�=i ed lerei r, and each party agrees not to
do any act which 'would imnrir or :make more difficult or
impassible the performance o= this Agreement and of every
right or term thereof.,.
20.0 Notices provided herein shall be by actual notice
to the owner or its autho-ized local agent of by notice
mailed by First Class i„ai ,; I�eturn—Receipt Requestede to the
address of the parties hereto as shown upon the records of
K the Assessor of the County of Butte as the address to which
tax hills are mailed. The service shall be deemed to have
occurred upon receipt,
21.0 Time is o` the essence in the performance of this
Agreement and of ever` term thereof ,
22.0 There are no other terms, conditions, promises, or
warranties either ircr~red or clicit or promises other than
are contained i—IC-hin the writton terms of this Agreement.
��xys0�J'Lpa Equs PpOvIs101�s
that any imember of the Schohr
23.0 During the time
FaMily or Banjz, s representative or ani l successor to the
>✓a tie's shall sit upon the Bcar6 of Directors of the
`
i34G K s -West Gridley tater District, that party agrees in
regard to any
r, -,atter ` �•clating to the props_ t of the other
t�d]"i:y WvhXC1?, matter, r,ay 1 :;Yi'M LefOrc'. the r'odrd Ci Directors or
0/2 t x'87
for stain determination, that the Board member hili, act in an
unpartial manner and ,in a manner which is unbiased and
pursues the best interest of the District.
24.0 DOUGLAS SCHO 3R and AL!✓A SCHOHR and ELN,A SCHGHR,
1NC. do hereby agree and authorize the use by Bank of any" and
all data, aerial photographs, calculations, materials,
drawings or any and all work, Droduct of any nature or kind of
Minix, inc. or any members or former members thereof, of
K onick, Moskovitz, Tiedemann and Girard or any.members or
former members thereof or any other consultan�L
, in x'eczax'd to
any portion or all of the property Of Rank.
Schohr agrees to
eye=ut.e upon request, wxn: `u thea documentation necessary to
Provide for Waiver of any privilege and the release or work
product or the copying thereo- or "or the uerformance of wo:r}; tl
I
by any other consultants or parties utilized by Schohr in the
.as4 .�,n regard to the property described in Exhibit,"A" of
Bank whether or not such information or data shall protide
info*r ation in recarc to thy: remaince_ property as describea
Jr Exhibit 1113n Bar)--- or its succes5o.rs shall not by ase
thereof be requires', to Colt,per.-tate Schohr or its consultants
for any services or casts ir;curred in accumulating such data
pT-eVieu,=ly, but Ban}: =hall ,,ay the costs o.f copying and the
-6-
6/27/87
costs ow any time spent by :such consultants hereafter at the'
reauest of Bank
25.0 Schohr agrees to execute in favor of Bank, and the
property of Bank, without cost to flank, upon submission, any
assignments of appropriati,ve water rights, whether in the,
io= of permits, licenses or in any other form which provide
for use upon property of Bank described In Exhibit "A".
Schohr shall riot be recruired to relinquish any portion of an
appropriative right appuzze ant to Hoodoo Island or the 66
acres retained by Schohr southerly c the Bang: property but
instead those approoriative rights, if' any, shall, continue to '
be utilized upon the property which they are presently
appurtenant to in those proportions. Nothing herein, nor the
division of land provideG by the terms o= 'he Exhibits "A"
and "E" or the aCt of rr ,co -' ina the traps providinq fo- such
c vision shall constitute a relinquish-ment riparian riaht
in any v atercourse by any party 'hereto or their ,land and each
party specifically declares thatno severance of -riparian
rights is intended by such acts.
5 a. 017
"✓L �t 1'&"'i:.
—63-
61 7 .8 7
26. ASCS Rice arlc Grain Base:
Bank and Schohr agree that this agreement is the
culmination of a series of previous agreemen:ts between
the parties wherein. Schohr tr;ansfe.rred the major portions
--rtheir
ranch to San? along W' .th the major oortion of
the rice base, wheat
base and other grain base. The
Option Agreement, dated January 28, 1987, provides the
division of the rice base, wheat base, and other grain
base between the Tiznicer in cont'ection with said transfer.
Bank and Schohr agree that the terms of the division
r
nneclfied in said Option 2�gleement remain in full force
and effect. Bank agrees to reasonable and fully cooperate
with Schohr in any presentation to ASCS seeking approval o
-the division of said base. Said cooX+erat<ion shall incllade,
but is not limited to, the Oxecution and submission of
further documents, a;,rzcir.,ontis or written clarification
necessar to obtain ; '.� �t;,«, �y
§' oral, ur�on _ euuest Schohr.
Eachart i:oas, NLAI.UN'Q*!*
p Y u � , �that if there is a final binding
order from the De }art.ment t f Agriculture o,- ,from a Court
after challenge that the division should be accomplished
in different amounts, they shall be bound thereby and the
Option Aoreement deemed modified by such order without
-63(a)-
6/27/87
Ei trier aa.rty hsuir,e s nicht o� rescission„ claim or damages,
czaa.m of unjust
ens,*ich'ment or any other claim against the
Other party,
but all costs and expenses of aresent� � and
arguing she
issue shall. be ,borne by Schohr.
Executed
this 27th day of June, 1987, at Chico,
California.
EDERAL LAND BANK OF SACRAMENTO
ilf � ry
V
rJirCLAS SCHOTJR
ALMA JEASCHOHR
ELWA SCHOHR,
INC. ,
r�
Presiden/t`
Secretary
-i�4
6/27/8
,, tri ,
�
,. ` •r �� t
���
41
E .r.IB T j- I S T
Exhibit "A'"
Bank, Pronerty
Exhibit "B"
Schohr ropertu
Exhibit "C"
}3crhr-- rrr� Property ,
-rx ibit "D"
-
Survey Map
Exhibit "E=1."
-
Description of Center Line o
Cr.i(lley - Colusa - HeadgUarte s Rd.
Exhibit "-P-2"
--
?oodoo Island Description
[r'.• � j�' ,••moi,,,, •-•-
,ter-+'� '`� '� ! •;. � :TY'1.J //'� v ".+'1�y,C... t i " �.s^ e�.�`,,,.,.,
�v ri` x A v�':l"1''Y'\ P..'« '`�a' f� y.t:W+� �1 Nom, �,�f �� 'q••�y .,f,., �.
1 �1
n
r t•'��?�'7. PCIO
6%27/6
... ' •iki+%kkw'x.w+m4a+Ouasw�n+•,M�sfd,•s.rWn kW..W9.•+a'r "f�' 1£Atytt*s: :M' x.lea;
.,+abw ,1pe'�..m .s.Mse
i
x
••.._e�3� .rn� <---*vv+ti��; rs.wrx'rs-.Y r'�+wr.=.e -+rw.�-..vr.n ek?i::eE'w-+4' +v�:ee.s.w�+a•h:4,r.W rY.t+u'Y":'+r••aALte.,wr�rM:`+
_
W
The Trust for Public Land., TPM, AP 21-01-8 and 9 and 22-05-21, 50 and 52,
for 3 parcels,. engineer:14HM
Public Works conditions
611 Deed to the County of Butte 30 ft. right-cf-way from the centerline
of Gridley Coluse Highway along parcel frontage. et r µ "'01 �
22,}' indicate a 50 ft, building setback from the centerline of
G Colusa Highway .
t
�4, 3 Show all easements of record on the final map,
°alp 4. Pay off any assessments.'�✓r"' ,
4E
Obtain encroachment permit for all driveways, new or existing,
and construct to county standards.
r �"
nµ
Pay Rany. delinquent taxes or current taxes as required.
F�
70 Meet the requirements of the Butte Coainty Fire dept. 60t7-rW+- -11;)OX /"-41 ',V
9 i,. do /P41! Ad 7—. t?I;i
earth Dept. conditions:
8 Place note in deeds and on final map that parcels are not
approved for septic tank 'systems for sewage disposal,
I
Plan(ninDept condition;
9 " Meet the requirements of the A-40 zone,
The following mitigation measures are required:",
10. ecord a plat: showing the *Zone "A" floodway as depicted by the
Floodway Insurance Map of July 1, 1988, and place a note on the
map ".All development in the zone "A" floodway must meet the
standards and requirements of the Federal Emergency Managemon:t
Agency (FEMA.) and the County Health code. In addition, prior to
-'' any development the flood plain elevation msut be established by
a licensed engineer and all property improvements must be placed
above such elevation.l'
Place a note on the Deeds indicating the presence of a natural
as field and the potential for subsidence and damage to
$ P g
property due to natural gas exploration and production.,
rant avigation easements to the adjoining lands which
contain existing agricultural, airstrips prior to recordation of
the final map.
AP 21-01-06 &,10
AP 22-04=02
AP 22-06-12 & 22
Doyle & Ava JuSteson
1283 Pennington Rd.
Harry L. Wyke
1731 Lincoln St,
Eat1 E. King
Gridley, CA 95948
Eureka, CA 95503.
P.O.Box 342
Gridley, CA_ 95948
AP 21-01-07
AP 22-04--04
AP 22-06-27
Dovie B. Justeson
Lembui;g Enterprises, Inc.
Tom Waistell, Jr
1283 Pennington Rd.
P.O. Box 262
C/O Walter L. King
Gridley, CA 95948
Biggs, CA 95917
P.O. Box 342
Gridley, CA 95948
AP 21-01-08 & 22-03-24
Feil Earn of Sento
AP 22-04-13 & 32
AP 22-06-29
C/O Federal land Bank of Chico Morrison Acres
Evelyn. Briggs
P.O. Box: 929
2711 Afton Rd.
734 Orange St.
Chico, CA 95927
Biggs, CA. 95917
Yuba City, CA 95991
AP 21-01-13 & 22-05-05,30
AP 22-04-18 & 1.9
Jean Davis, et al
Butte Water District
1740 Colusa Hwy.
735 Virginia
Gridley, CA 95948
Gridley, CA 95948
AP 21-01--33
AP 22-04--36 & MrO5-37,38) 39,47,
Birdie C. Vanderford
Douglas & Alma Schohr 49 & 51
183 E. Hazel. St.
P.O.Box 785
Gridley, CA 95945
Gridley, CA 95948
AP 21-01-40
AP 22-04-43
-
Jean M. Truebloud
Leon & charlotte Brink
324 St. Andrews Dr.
P.Q. Box 415
Roseville, CA 95678
Biggs, CA 95917
22-03-04,& 22-0a-Ol
Lucky2y
AP 22-04-45 & 22-06-47 Qj 48
nORanchS
gyral Lsn3 Bank of Ssa.-a mnto
C/O Gerald P. bebret
0/0Fahral LT)d Bank of Chien
10 El Prado Ct.
P.O. Box '929'
Sarr�.,a Rosa, CA 95405
Chico, CA 95927
AP 22-03-10
AP 2205-15
Drainage District 100
P.O.
Douglas B Schahr
Box 7
Ri.chvale, CA 55974
P.O. Box. 785
Gridley, CA 95948
ATTINT Marvin Lundberg
AP 22-03-17
AP 22--0522 & 23
Thora J. Bohannon, et al.
6010 Castle Dr.
John A. Banslet
Oakland, CA 94611....
1407 Farris Rd.
Gridley, CA 95948
AP 2203-19 & 20-
AP 22-05-53
Leon&' d & Chudeen Sheppard
734
734 E.
Biggs-West Gridley Water .Dist.
C
Biggs Htgy,
1713 west Bi ltd.
Biggs, CA 95917
Gridley, CA 95948
R
ElMTAT.L` 7E SMTVISION TENTATIVE PrkRCIJL MAI'
101t NARY SI BDIVISICIT WAT1ER APPLICATION "Y"11
(Please check appropriate 'box)
API'I•aT.CATIT: '-"The Trust for Public Lahr( _ PRONE NO; .415-40r,,..4,Olq,
Atilttt,s,a: 116 New Mon-tgomer_y Street, 4th Floor, San Frar]C sro. ra 41Q5r
0;1141-2, The Tryst for PUbl i c _Land ?'HONE, NO-. �4
--
AI :>,Tih<::I ;: 116 New Montgomery Street;, „th 'Floor, San Fj_artCsro-, (A 941 n.;
�;rIC'INI�,'I?I
OR CURxik OR: FdAar C. Hanlin.:MHM. _Inr PHONE NO: 916-742-6485
Ar)Dt E',S' P. 0• Drawer B, Marysville, CA 95901
WII, Nt)'i`lC : Of %IIMRT ±G TOaTne Trots for pithl ir. land, 111M, nG. , and
Blake Millar, MacBride f?ealty, 1139 Jay Street, 'Olusa, CA 95932
21-22-23-24-26:-
IA)CyATIOTI OV :FROPERM TQWt`ICr fp 18N & 1711 RANC�]s 1E, M.D.M. SECTION
pA,';C,EI, Vjj , r,.Rs See Uhib.i t "A" TOrt'hr, AC I,AG1 X29. 37
PLK11.M,; ,IJBRIT PREI,IfirTNA'RY' 17112 REPORT OR U ENT POLICY" Or, TTTIE INSui lgMr.
Gated within last nioriths) WITH APPLICATION. INDICATE 'BELOW THE, DF;V
AM PCwVD:INC IldMIMAI.'TON BY WHIMM MIS PARITICUI.AR PARCEL WAS' CREATE
iwpx February 24, 1988 BOOK O. R, 'Document 14, PACE No. 88-EQN
Nt IABIt.31 AI's t11OF PAI;M S BEING CMSD 0.210 Luding any reinainder )
14 parcels from 83 acres -to 328 acre
DT',11 `ANCE TO NATUt L WATER COURSE OR STORM DRAIN: Average 1%2 .mile.
r3ROR),111P.'+ MMa'I' OD OF -SMAGB DIMISAL; Septic tank and leach line syst(n-n _
( Check with. Health Depa'rtmeix,t) fi
MOM IF11 1101 IiC;E OF WA` T-12 Wells
(Check. with Health I)epartraerrt)
rat a MVl'NR AND TIMM-- 'L NES EX18T TO THE, 13OUNDARY OC THE, ORIGINAL PARCEL? Yes
,r 'Nnq,,, FtiiTtMAIM, 1111E, DI `IANCIg VI[,PY'''W 'WILT, HAV11, To I�• EX Ill it,'D i
U) 10,20 Rovised 7-24-80
p
Pad e; ,2.
M1 T, . OF NEOEST Pli31,11 0 ROAD: Afton Road, Gridley-Colusa Highway
JX[e iNG'E To IMAREST RMIM ROAD: 0 Miles to 3.25 Miles
(Fol- j•nfo-"mata.on on, nearest public road, check with Public Works Department)
IF ACCESS IS BY 1111ESCRIPTIVE RIGHT -UI -SAY, ATTACH DOCUMUTATION TO THIS
APPLICATION
IF ACCESS IS BY A RECORDED PRivATE ROAb EASF.''MNNT., INDICATE DEED REFERENCE;
VOme, . Document PAGE No, 88-6000 ;
SR TMY, ARE ANY I+TO ACCESS 8TRI?S, THESE MUSTM SHOWN ON THE TENTATIVE MAP
AM THE IMCORPDTG DATA INDICATED BEIM
`tfOLUME' N/A PAGE
DIMA.NCE TO CITY LRUTS N/A
DOES TM, WER OF THIS PARCEL NbW MT, OR IMS nt IN THC PAST OWNED, TAND
ADJOINING TM8 PROPLR+TY? No
THE TRU�/�R' UQL, AN
RAI T W BOr
ENPP
ecutive Vice President
TH TRUST PUBLIC LAND
EXHIBIT 'A"
Assessor Parcel No.
AP's in Numerical Order
22-03-25
21-01-09
22-03-23
21-01-27
22-03-22
22-03-06
22-03.14
22-03--1.4
SIL 22-03-06
22-03-22
22-05.21
22-03-23
21-01-09
22-03-25
22-04-30
22-04-05
- 22-04-29
22-04-06
22-04-05
22-04-20
22-04-06
22-04 29
22-04-52
22-04-30
22-05-44
22-04-52
22-05-50
22-05-1
21-01-27
22-05-12
22-04-20
22-05.21
22-05-12
22-05-32
22-05-11
22-05-44
22-06-16
22-05-50
22-05-32
22-0646 -
a�u jx,t��.vvt,a/l
14'r✓D 1672W-"'
MHM INC.,ENGINEERING'- SURVEYING ,gar
P.O, ORAWER B q 523 J'STREET a MARYSVILLE, CALIFORNIA 95901 a (916) 742-6485
ep a;>rtm aut of Public Uorks
County of Butte
7 County Center Drive
Orovi:lle, CA 95965
Attentlon . Mr. 53tuart
Land Development Section
Dear Mr. i cic1l:
Ile: 7e ntaative Parcel *Haap for The 2ru.,3t for Public Land
Pu.rsZaant to our conversation y,-�sterdray regarding the
r0lasing of the project,: containing 14 parcels, we w'i li to
mquest that this, parcel map be accomplished .shed in phases
so that � e can prcc:ra.{ s the, 3 pa --cels fronting, on theGrldl.ey-Colusa. ��:� ghwaa.y, being pzarc els 12, 1:�`and 14 Of
�said project, as soon as possible,
'1`1x : reftson for this rracluo8t is that these parcels w4.13.
not r+aq� ire any, ro arl iaararovements,4S they front on
CrxdlWy-Colusa Hi3hway, and undeir normal circumstances
these nraraotl a -Ioul d c1""( been P-x-vRl!-)t from t h" -;a parcel map
procedure and Should not require c tensiva processing
t ime
If you need any more information, 1>l,e,1130 CALl.
Sincerely,
Iri€ as w"" Haulm
x�trs�c�: covrrr�r
EN 'Ai, !PjAT4 GCyMFC3RM..7(-TC 12II;7f?'07t�T
C31?� g AiC L. Nl'..F P Oil
SU-BBp T j s:r o.N r4AP
ItemB 1-4 to be completed by applicant:
1« APPLICANT NAME AND ADDRESS: ,L�
Pyigs�.1� 1'�
2. PPOJEC'T DESCRIPTION: ' p. 11`�
I* ASSESSOR'S PARCEL V'UMBERM -'AMI CX . '1 i( 4,
,21
4. PROPOSED USE: A&(2AC UU-rU taL
The fallowing items are to be completed by the Planning
Department:
CURRENT ZONING: A- A�
LAND CONSERVATION AGREEMENTS
G91JEfOkL PLAN DESIGNATION: 0CZL AA� (?-'!) Pt tL:r-).201-
Conditional Critgr�:
AGRICULTURAL.RESIDENTIAL YES Pio
It is recommended that you the
1. Agricultural Compatibility
,perform
following checked items:
2. Water and Sewer Capacity
ARCHAEOLOGICAL RECORDS CHECK.
3. Adequate Fire Facilities
BOTANICAL SURVEY
4. Road Capacity and Maintenance
GEOLOGXCAL SURVEY
5. Access to Commercial and Schools _ ,
YES NO
ORCHARD AND FIELD CROPS
NIA
WITHIN DEPARTMENT OF FISH
AND GAKT, DEVELOPMENT ZONE: r'/N
1. Predominant 5-10 aa, Parol Size P
2 Vicinity of Urban Boundaries
WITHIN FLOOD PLAIN:
3. Ag. Viability not Ympaired
WITHIN ARE;, SPECIFIC OR
Staff Determination: Substantially conforms o.
LAND USE PLAN;
GENERAL PLAN: 1. Land Use /
-- ----
r
If Yes)
2. Conservation
Name of Plan
3. Oppn Space
WITHIN URBAN RESERVE:
4. Safety _
5. Noise L/
I.: Yes,
6. Housing
Name. of Reseive
7. Circulatioa
AIRPORT LAND USE PLAN;
ZONING GOti1V%0i?Nm5 . --w 7.t:Nt AJC`.
(M MENTS A&L. 'FAfZZe(.-', 1� ?
4b* N
AREI�r HAS. ��raL- C-6NC--929
JS -1 R(PA- (2i Ar -J t-Ij 91-rfAT.t"�c�•.
y
1 S wt�'►-4►�� 5p�'Crra�.. a i� '%11�'tA-2� '�l�rs� .
Staff Signature e 4--d'P L4
date q ZCo �:Sfa 1e
THE APPRMANAWFOR THE
2LA LAND I AM AWARE OF THE ABOVE STAFF DETERMINATION REGARDING
AS
ZTH THE GENERAL NING.
d . . %c
[late � tomSignature of
--]„�
Applicant-''`��--�+-'"
*This, report will expire and be discarded six (6) months
from t, date of the staff signature.
LD 1000A (reVised 6-87
FT
FOR OFII USE "ONLY i
B_ tta County y Planning Dept,
Receipt
#
7 County Center give
Orovilig, CA 95965-1397 ApplicanteY ,. C►�
(916) 538-7601 AP 41~�e��`�
Su"bdivision Name (if applicable)
APPENDIX H
Date f � led
LAND DIVISION APPLIC.A.TSONS
Sulemon
pp tal Information for Plannnp Department
L, List and desciibk't any other rlated"permits and other public approvals
required for this project, including those required by city,-teigiohal,-
state and federal agencies; None
2. Proposed scheduling/associated projects; None
3. Anticipated incremental development (phasing of subdivision units,
future development plans): None
4 what, method will be utilized to accommodate surface drainage? Describe
how on-site and downstream drainage channels will be aiwfectod: The exlS;iing
agricultural drainage will not be changed. The new parcels will be created'
7e roes.
r
5 Proximity of waterfor fire fighting purposes (hyd antfi ponds, etc::'}'
Existing ditches an'd ponds should be within 1/2 mile.
6 W'IV excavation or, grading be necessary?Cubic yards (estima'te):
No - However future agricultural grading may be desirable within existing
7. Directions ror travel to property (rural and mountainous areas only).
6 miles west of Gridley on uridley-Colusa Highway
H-1 ,
1
S t3V{IR( NH-V%V A1� rxRPA&S ANI} tlx2iGA'PIUN MEASURES;
y significant p
Identify potentiall � nif�cant env�,ronmental impacts associated with
the laird division, tJhat project design features or special conditions
Of af�roval, (mitigation measures) are proposed to alleviate potential
environmental impacts.
agricultural lands. Littre environmental i,tnpact, area will still be
9, ENVIi2OWENTAL StTTINC%
a) Describe the project site as it exists before the project,
including informatiOn_on topography, soil stability, plants
and animals, and any ,cultural., historical or scenic aspects.
Describe any existing structures on the site, and the use of
the structures, The existing land is open land and rice fields.
The area is all farmland.
b) Describe the surroundings properties, including information on
plants and animals and any cultural, historl,cal or scenic aspects.
Indicate the type of land use (residential, commercial, etc.),
intensity of land use (ar,le-family, apartment houses, shops, depart-
ment stores, etc.);, and scale of development (height, :frontage,
setbacks rear yard, etc,. All surrounding lands are agricultural)
large parcels, mostly rice rands. No historical aspects are involved
as the land has been graded altd farmed for many years,
CGFtTIFTGA7'xUN: 1 hereby cortifv that the'statements furnished above and in
tIM at=tached exhibits present the data and information required .for this,
i.nit,Aal, evaluation to the best of my ability, and that the facts, statements
and Information presented axe trete and correct to the best of my knowledge
and belief.
Date
S' nature E=dgar C, Hanlin
Por The Trust for pUb*lic 'Land
'(NC separate sheet for: longer responses;
dI
"w Ga � -
:
SU80IUIDER'S STATEMENT
Name, The Trust for Public Land Date September 20, 1988
Project
"Schohr Ranch"`
AP
# See Exhibit t A«
1,
Existing use (s) of the hand Agricultural (Rice -Pasture)
2.
Proposed use (s) of the land Agricultural
3.
Improvements proposed (See Ch. 20-21 County Code)_ Possible Levelling
4.
Public areas proposed None
S.
Tree planting/or removal (approxi number) None
G.
Preliminary copy of any condition, restrictive reservations or, covenants P
existing or proposed shall be attached to this statement.
attached none
7.
State type of division, i.e.., private road, urban rural, etc,
Rural agricultural with private roads
LD
1040 -