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APR. -11' 03(THU) 15:55 N. & B TEL:948-4979 P. 002 NEUMILLER & BEARDSLEE L-rAb[1ww1903 A NOFsssioN,u.CORP0RAnON.A7TORh'N5&COVN1CORS 84504-17111 DeeAnne Watkins 509 Wesr Wua AAWL April 17, 2003 FIM VL— STOCXroN,CA 95203 By Facsimile Po!T O➢PICL Box ZO STQC"w,CA 95201.3020 Ms. Jennifer Jolly (209)948.8200 ConnTn(nityDevelopment Department (209)948-4910 FAX San Joaquin County FROM ldmmo: l g 10 East Hazelton Avenue (209)577-92W (209)577-4910 FAX Stockton, CA 95205 Re: Major Subdivision No. PA-02-409 Dear Jem,ifer: On behalf of our client, Teichert Materials,we believe we reached an agreement with Dave Olmstead on behalf of the owners and developer of Major Subdivision No. PA- 02-409 scheduled for consideration by the Planning Commission tonight. Mr_ Olmstead has reviewed and we believe he agrees that the following conditions may be added to the conditions of approval for Major Subdivision No. PS-02-409. 1. The owner steal I provide in its application for a Final Subdivision Public Report(White Report) from the California Department of Real Estate the disclosure of the aggregate processing plant,the nearby quarries which provide raw material to the aggregate processing plant and the trick traffic associated with these uses. The owner will cause said disclosure to be included within the Final Report. 2 Owner shall cause to be recorded against the property a restrictive covenant approved by Teichert. The restrictive covenant shall protect the continued use and operation of the existing aggregate processing plant, the nearby quarries and the truck traffic associated with the quant' and aggregate activities and any future owner of the subdivision will be restricted from bringing any action or proceeding to challenge, restrict or limit these aggregate and quarry activities operating pursuant to valid land «se permits. The covenant shall also extend to any new quarry sites of Teichert, provided, however,that this restrictive covenant shall not apply to any future quarry activity that may occur on the parcels on Linne Road located directly south of the subdivision further identified as APNs 253-220-29, 30, 31, 32, 35, 23 and 36.