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Aft <br />WARREN H MmestToN <br />JACK C. DOZICR <br />CHARLce R. SPATOLA. J.. <br />ATHERTON & DOZIER 7� <br />ATTORNEYS -AT -LAW <br />V <br />305 NORTH EL DORADO STRCCT <br />_j <br />SUITE 301 ,"j <br />STOCKTON. CALIFORNIA 95202 <br />TCLCPKOmc 464-4525 <br />January 19, 1973 <br />San Joaquin Local Health District <br />P. C. Box 2009 <br />Stockton, CA 95201 <br />WRIFIFUM �_. Me <br />Re: Cal -Clay Company <br />3200 S. El Dorado Street, Stockton <br />(Parcel #177-020-01; Account 05781 <br />Ile write to you seeking your informal counsel as to what <br />further steps we should take in this matter (photocopy of Health <br />District letter enclosed). <br />Cal -Clay owns a large pit immediately west of railroad tracks <br />and extending toward South El Dorado Street. <br />1'. Ten acres of this pit is fenced off from El Dorado <br />Street1with cyclone fencing and a locked gate. Clean dirt fill <br />is being dumped in this section of the pit and has been going in <br />steadily since befo any dumping permit requirements were enacted <br />into ordinance bv the County, and perhaps constitutes a "grandfather <br />use The present user, McGaw & Company, operates under following <br />written restriction: <br />"California Clay Products hereby grants the exclusive <br />right and privilege for the herein•efine•, to McGaw to <br />deposit dirt, broken -no <br />aTA halt in the mined clay pit <br />owned by California Clay Products located south of the existing <br />plant of Californiaclav Products, which pit is located between <br />the�Southern Pacific tra6kis and McKinlev Avenue, in the County of <br />San Joaquin. The ex&ct location of the pit and its exterior <br />limits have been agreed upon between the parties." <br />This larger portion of the pit has been three-fourths filled <br />over past fifteen years without the slightest nuisance created <br />or protest from anybody. The fill material, our engineers advise, <br />is excellent for construction base after the filling completed <br />(estimated in 1975). <br />