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RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: OAKDALE IRRIGATION DISTRICT 1205 East F Street Oakdale, CA 95361 A P N S: 207-032-012/016 PA210000.5 Doc a: 2012-088713 07/13/2012 02.22;24 PM Page: 1 of a Fee: $0 Kenneth W Blakemore San Joaquin County Recorde.s Paid By: SHOWN ON DOCUMENT mill p c t DEFERRED CONDITIONS OF APPROVAL AGREEMENT BETWEEN ALERD CATON, TRUSTEE AND GEORGIANA CATON, TRUSTEE CATON REVOCALE TRUST AND OAKDALE IRRIGATION DISTRICT In a letter to San Joaquin County dated March 13, 2012, Oakdale Irrigation District (DISTRICT) requested certain conditions of project approval from Alerd Caton, Trustee, Caton Revocable Trust (OWNER), the applicants for a California Environmental Quality Act (CEQA) review of San Joaquin County Minor Subdivision Application PA -1100206. These conditions were requested to assure independent and measureable irrigation and drainage of the two (2) new project parcels being created by the map. OWNER requested that DISTRICT defer the independent irrigation and drainage conditions until such time as the new project parcels are sold or have a change in ownership or land use. DISTRICT Staff has reviewed the project with OWNER and recommends that the Board of Directors provide OWNER with a Deferred Conditions of Approval Agreement. NOW THEREFORE IT IS AGREED by and between DISTRICT and OWNER as follows. The following project condition shall apply to the two (2) new project parcels created by the above -noted Minor Subdivision Application PA -1100206, as described in the attached Exhibit "A" Legal Description of Subject Properties and shown on the attached Exhibit "B" Project Site Map. 1. The two (2) new project parcels shall be allowed to continue to irrigate and drain in the historic manner itnti,_ 1_sa-ich-timeeiWer_of.lbe_two_(2j_new-prajed_parcels_ are_ sold- nr.have.a_change_in ownership or land use. Prior to such time as the two (2) new project parcels are sold or there is a change in ownership, or there is a change in the current agricultural land use of either of the said parcels, the parcels shall be prepared to irrigate and drain independently in accordance with DISTRICT policy. Private irrigation pipelines shall be installed by OWNER from the historic point of delivery on the Hirschfeld Pipeline, in a manner that will provide independent and measureable irrigation to said parcels_ OWNER shall be responsible for all costs incurred. By signing below, Alerd Caton, Trustee, (OWNER), the legally titled owner of the subject parcels, hereby agrees to comply with the above-described condition of approval. Failure to comply with this Agreement shall result in DISTRICT withholding irrigation water until such time as the said condition is met. KlEngineeringUce FoslWate Comm N120tt'�li�tt Report Attached arceMCAY �,