Resolution No. 2011-113RESOLUTION NO. 2011-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE CITY ADMINISTRATOR TO
EXECUTE AND EFFECT THE RECORDATION OF A RESTRICTIVE
COVENANT AND ENVIRONMENTAL RESTRICTION ON CITY -
OWNED REAL PROPERTY IN KERN COUNTY, CALIFORNIA
WHEREAS, the City of Vernon owns certain real property in
the County of Kern in the State of California ("Kern County"), which
is more specifically described in Exhibit A of the Declaration of
Restrictive Covenant and Environmental Restriction attached hereto
(the "Covenant"), and which shall hereinafter be referred to as the
"Property"; and
WHEREAS, the City of Vernon is contemplating developing and
operating renewable -energy facilities on the Property;
WHEREAS, Kern County has requested that the City confirm the
City's willingness to comply with the Kern County General Plan and
Zoning Code in connection with the proposed development of the
Property; and
WHEREAS, the City of Vernon desires to work cooperatively
with Kern County relating to the use of the Property; and
WHEREAS, the execution and recordation of the Covenant will
confirm the City's commitment to work with Kern County and comply with
Kern County General Plan and Zoning Code, which will enhance the
City's ability to develop the Property and further the mutual
interests of the City and Kern County in the use and enjoyment of
their respective properties; and
WHEREAS, the Covenant would require that any use of the
Property be consistent with Kern County's General Plan and zoning and
land -use restrictions and such compliance is consistent with the
City's intent; and
WHEREAS, the City Council wishes to authorize the City
Administrator to execute and effect the recordation of the Covenant
and to take all necessary steps to make the Covenant binding on the
City and its successors and assigns.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Administrator of the City of Vernon is
hereby authorized and directed to execute and effect the recordation
of the Covenant attached hereto.
SECTION 2: The authorization and directive provided in
Section 1 of this Resolution are hereby established and approved as
effective as of June 23, 2011,
SECTION 3: All resolutions, or parts of resolutions not
consistent with or in conflict with this Resolution, are hereby
repealed.
- 2 -
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption .of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
ATT
Wi
APPROVED AND ADOPTED this 23rd day of June, 2011.
X—'
y Clerk
c A21Ae-1--
&oe�-ariles
Name:
Title: Mayor
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2011-113, was duly passed, approved and adopted by the City Council
of the City of Vernon at a special meeting of the City Council duly
held on Thursday, June 23, 2011, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this '34, day of June, 2011, at Vernon, California.
(SEAL)
4MV11ar. a a c ' , City Clerk
- 4 -
111"llm"MA
RECORDING REQUESTED BY:
City of Vernon
County of Kern
AND WHEN RECORDED MAIL TO:
City of Vernon
Attn: City Cleric's Office
4305 Santa Fe Avenue
Vernon, California 90058
County of Kern
Attn: County Cleric's Office
1115 Truxtun Avenue
Bakersfield, California 93301-4639
DECLARATION OF RESTRICTIVE COVENANT AND
ENVIRONMENTAL RESTRICTION
This Declaration of Restrictive Covenant and Environmental Restriction
("COVENANT") is executed by the City of Vernon, a California Charter City (the "CITY"), on
this day of , 2011, in favor of the County of Kern (the "COUNTY"), a
political subdivision of the State of California.
WHEREAS, the CITY owns certain real property located in the County of Kern and
more specifically described in Exhibit A attached hereto (the "PROPERTY");
WHEREAS, the CITY is contemplating developing and operating renewable energy
facilities on the PROPERTY, such as wind energy and solar energy facilities;
WHEREAS, certain state laws, including California Government Code sections 53090 et
seq., may interfere with the COUNTY's ability to regulate development and other activities on
the PROPERTY;
WHEREAS, the CITY desires to avoid future delay, conflict, disagreement, or litigation
relating to the use of the PROPERTY;
1
WHEREAS, the CITY believes that the recordation of this COVENANT would enhance
the CITY's ability to develop the PROPERTY;
WHEREAS, the recordation of this COVENANT would serve the CITY and the
COUNTY's mutual interests in the use and enjoyment of their respective properties; and
WHEREAS, except as provided herein, nothing shall otherwise limit the use of the
PROPERTY as otherwise permitted by law, such as the use of the PROPERTY for development
and operation of renewable energy facilities.
NOW, THEREFORE, the CITY, in consideration of the foregoing and for other good
and valuable consideration, the receipt and adequacy of which the CITY hereby acknowledges,
imposes restrictions on the PROPERTY and covenants and agrees that:
1. The use of the PROPERTY by the CITY and its successors and assigns shall
comply with the COUNTY's General Plan and generally applicable zoning and land -use
restrictions imposed by the COUNTY on the PROPERTY, with only such deviations or
amendments as the COUNTY may approve.
2. The COUNTY shall be the lead agency for any development on the PROPERTY
to which the California Environmental Quality Act, Cal. Pub. Resources Code § § 21000 et seq. ,
is applicable and which is not subject to the exclusive jurisdiction of the California Energy
Commission.
3. The CITY and its successors and assigns expressly waive any and all immunities
they may enjoy under California Government Code sections 53090 et seq. with respect to the
enforcement of this COVENANT by the COUNTY.
4. The obligations herein undertaken by the CITY (1) shall be and are covenants
running with the land and constitute an environmental restriction reasonably necessary for the
benefit of public health and safety and the environment in accordance with California Civil Code
2
sections 1468 and 1471 respectively, (2) are not merely personal covenants of the CITY, (3)
shall bind the CITY and its successors and assigns, and (4) shall benefit the COUNTY and its
successors and assigns.
5. For the purposes of this COVENANT, "successors and assigns" shall include any
and all natural or legal persons or entities, including without limitation corporations,
partnerships, firms, companies, agencies, districts, counties, cities, or political subdivisions, that
may follow the CITY or the COUNTY in ownership or control of the PROPERTY
6. This COVENANT shall not be varied, amended, modified, or terminated without
the express written consent of the CITY and the COUNTY.
7, This COVENANT shall be recorded in the Office of the Recorder of Kern
County, California, and shall constitute notice to all successors and assigns to the PROPERTY of
the obligations herein set forth.
8. The COUNTY may bring an action at law or in equity to compel the CITY's
performance of its obligations under this COVENANT, and/or for damages.
9. Failure by the COUNTY to insist upon the strict performance of any of the
provisions of this COVENANT by the CITY, or the failure by the COUNTY to execute its rights
upon the default of the CITY, shall not constitute a waiver of its right to insist and demand strict
compliance by the CITY with the terms of this COVENANT thereafter.
10. In any action or proceeding brought to enforce the terms of this COVENANT, the
prevailing party shall be entitled to recover reasonable attorney's fees and costs.
11. This COVENANT shall be governed by the laws of the State of California.
12. The venue for any action to enforce this COVENANT shall be in Kern County,
California.
3
IN WITNESS WHEREOF, the CITY has caused this COVENANT to be signed by its
duly authorized representative, as of the date first written above.
CITY OF VERNON, a Charter City of the State of California
C
Title:
APPROVED AS TO FORM:
Title:
11
STATE OF CALIFORNIA }
}SS.
COUNTY OF LOS ANGELES }
On , 2011, before me, , Notary
Public, personally appeared
who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity/capacities, and that by his/her/their signatures on the instrument
the person(s), or the entity/entities upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
5
EXHIBIT A
The PROPERTY is situated in the State of California, County of Kern, and is described
as follows:
Parcel 1: (APN: 153-120-10 & 11)
The East half, Lots 1 and 2 of the Northwest quarter, and Lots 1 and 2 of the Southwest quarter of
Fractional Section 31, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 2: (APN: 181-190-14)
The East half of Fractional Section 31, Township 30 South, Range 38 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 3: (APN: 181-190-15)
The West half of Fractional Section 31, Township 30 South, Range 37 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to. the Official Plat
thereof.
Parcel 4: (APN: 181-190-16)
Fractional Section 36, Township 30 South, Range 36 I/2 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California; according to the Official Plat thereof.
Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained
in said land, and further reserving to the State of California and persons authorized by the State, the right
to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such
deposits of other minerals from said land and to occupy and use so much of the surface of said land as
may be required therefor, upon compliance with the conditions and subject to the provisions and
limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded
July 29, 1959 in Book 3170, Page(s) 179 of Official Records.
Parcel 5: (APN: 442-010-07)
Section 11, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Except an undivided11/2 interest in all oil, gas and hydrocarbon substances, within or underlying said land,
as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as
Joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records.
Parcel 6: (APN: 442-010-04)
Fractional Section 1, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
2
Parcel 7: (APN: 442-010-02)
The South half of the South half of Fractional Section 2, Township 30 South, Range 34 East, Mount
Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to
the Official Plat thereof.
Except an undivided''/2 interest in all oil, gas and hydrocarbon substances, within or underlying said land,
as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as
joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records,
Parcel 8: (APN: 442-030-05)
Section 13, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 9: (APN: 442-030-03)
Section 14, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Except all the coal and other minerals in the land so patented together with the right to prospect for, mine
and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (Stat.
862) as reserved by the United States of America in the Patent recorded December 24, 1923 in Book 22,
Page(s) 19 of Official Records.
Parcel 10: (APN: 443-010-02)
Section 23, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 11: (APN: 444-020-16)
Fractional Section 7, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 12: (APN: 444-020-14)
The North half of the North half of Section 8, Township 30 South, Range 35 East, Mount Diablo Base
and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official
Plat thereof.
Except and reserving to the United States, pursuant to the provisions of the Act of August 1, 1946 (60
Stat. 755), all uranium, thorium or any other materials which is or may be determined to be peculiarly
essential to the production of fissionable materials, whether or not of commercial value, together with the
right of the United States through it's authorized agents or representatives at any time to enter upon the
lands and prospect for, mine and remove the same as reserved in the Patent from the United States of
America, recorded April 27, 1949 in Book 1612, Page(s) 130 of Official Records.
Parcel 13: (APN: 444-020-03)
7
Fractional Section 5, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 14: (APN: 444-020-09)
The West half of the Northeast quarter of the Southwest quarter of the Southeast quarter, and the West
half of Section 9, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 15: (APN: 444-040-02)
Section 17, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 16: (APN: 444-040-11)
The West half of the Northeast quarter of Section 16, Township 30 South, Range 35 East, Mount Diablo
Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the
Official Plat thereof.
Parcel 17: (APN: 444-070-01 & 02)
Fractional Section 3, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-
incorporated area; County of Kern, State of California, according to the Official Plat thereof.
Parcel 18: (APN: 444-080-05)
The North half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 19: (APN: 444-080-06)
The South half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 20: (APN: 444-080-11)
The West half, and the Southwest quarter of the Southeast quarter of Section 8, Township 30 South,
Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of
California, according to the Official Plat thereof.
Parcel 21: (APN: 444-080-09)
Section 9, ,Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 22: (APN: 444-090-01)
Section 15, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Rn
Parcel 23: (APN: 444-100-04)
The West half, the West half of the Northeast quarter, the Southeast quarter of the Northeast quarter, and
the Southeast quarter, of Section 16, Township 30 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 24: (APN: 444-100-02)
Section 17, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 25: (APN 444-100-07)
Section 21, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 26: (APN: 444-090-07)
Section 23, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 27: (APN: 444-110-03)
Section 25, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Except a strip of land 200 feet wide granted to the City of Los Angeles by the Southern Pacific Land
Company by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds.
Parcel 28: (APN: 444-110-08)
Section 35, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 29: (APN: 444-110-06)
The North half of the Northwest quarter, the Southwest quarter of the Northwest quarter, the West half of
the Southwest quarter, the Southeast quarter of the Southwest quarter, and the East half of Section 36,
Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area,
County of Kern, State of California, according to the Official Plat thereof.
Parcel 30: (APN: 443-030-16)
Section 25, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 31: (APN: 444-040-18 & 19)
9
Fractional Section 19, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 32: (APN: 444-060-03)
Section 29, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel33: (APN: 444-120-06)
The Southwest quarter of Section 28, Township 30 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 34: (APN: 444-120-02)
Section 29, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
10
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: June 30, 2011
TO: Mark Whitworth, City Administrator/Fire Chief
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2011-113 — A Resolution of the City Council of the City of Vernon
Authorizing the City Administrator to Execute and Effect the Recordation of a Restrictive
Covenant and Environmental Restriction on City -Owned Real Property in Kern County,
California
Transmitted herewith for recordation and proper processing is an original executed Declaration of
Restrictive Covenant and Environmental Restriction, approved by City Council on June 23, 2011, through
Resolution No. 2011-113.
Please ensure that after recordation that the recorded document is sent to the City Clerk's office. If you
have any questions, please contact me.
Thank you..
WY:dj
Attachment
c: Resolution No.2011-113
Juarez, Debbie
From: Juarez, Debbie
Sent: Thursday, June 30, 2011 12:02 PM
To: Enomoto, Kristen; Muro, Evangelina; Yamaguchi, Willard
Subject: RESOLUTION NO. 2011-113 - KERN COUNTY COVENANT
Attachments: RESOLUTION NO. 2011-113 - KERN COUNTY COVENANT.PDF
Hi Kristen. Here's a copy of the resolution for your reference
document, please send me a copy of your transmittal letter and
RESOLUTION NO.
2011-113 - KERN...
Thank you.
After Mark signs the
the covenant for the file.
1
Juarez, Debbie
From: Enomoto, Kristen
Sent: Friday, July 01, 2011 8:41 PM
To: Juarez, Debbie; Muro, Evangelina; Yamaguchi, Willard
Subject: RESOLUTION NO. 20111-113 - KERN COUNTY COVENANT
Attachments: Kern County Covenant
Kern County
Covenant
Thanks. Please use attached email chain for the file. I'll forward the
recorded copy as soon as we get it.
Kristen
-----Original Message -----
From: Juarez, Debbie
Sent: Thursday, June 30, 2011 12:02 PM
To: Enomoto, Kristen; Muro, Evangelina; Yamaguchi, Willard
Subject: RESOLUTION NO. 2011-113 - KERN COUNTY COVENANT
Hi Kristen. Here's a copy of the resolution for your reference. After Mark signs the
document, please send me a copy of your transmittal letter and the covenant for the file.
Thank you.
1
Joseph Frueh
Direct Dial: (213) 891-7729
joseph.frueh@lw.com
LATHAM&WATKINSLLP
July 7, 2011
Vi A FF.DF.X
Kristen Enomoto
Office of the City Administrator
4305 South Santa Fe Avenue
Vernon, California 90058
366 South Grand Avenue
Los Angeles, California 90071-1560
Tel: +1.213.485.1234 Fax: +1.213.891.8763
www.lw.com
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Re: Recorded Declaration of Restrictive Covenant and Environmental Restriction
Dear Kristen,
Enclosed please find a certified copy of the recorded Declaration of Restrictive Covenant
and Environmental Restriction.
Best regards,
Joseph Frueh
of LATHAM & WATKINS LLP
Enclosure
BOARD OF SUPERVISORS
COUNTY OF KERN
SUPERVISORS
JON McQUISTON
District 1
ZACK SCRIVNER
District 2
MIKE MAGGARD
District 3
RAYMOND A. WATSON
District 4
KAREN GOH
District 5
July 1, 2011
Mr. David A. Goldberg
Latham & Watkins LLP
355 South Grand Avenue
Los Angeles, CA 90071-1560
Re: Restrictive Covenant and Environmental Restriction
Dear Mr. Goldberg:
KATHLEEN KRAUSE
CLERK OF THE BOARD OF SUPERVISORS
Kern County Administrative Center
1115 Truxtun Avenue, Sth Floor
Bakersfield, CA 93301
Telephone (661) 868-3585
TTY (800) 735-2929
www.co.kern.ca.us
Enclosed please find the certified copy of recorded Declaration of Restrictive Covenant and
Environmental Restriction document # 0211085022, as requested in your letter of June 30, 2011.
If we can be of further assistance, please let us know.
Sincerely,
KATHLEEN KRAUSE
Clerk of the Board
��J4 a4 .
By: Tracey E. Cody
Assistant Clerk of the Board
/tec
Enclosure
cc: Allan Krauter
Bruce Divelbiss
Lorelei Oviatt
RECORDING REQUESTED BY:
City of Vernon
County of Kern
AND WHEN RECORDED MAIL TO:
County of Kern
Attention: Clerk of the Board
Administrative Center
1115 Truxtun Avenue, 5th Floor
Bakersfield, CA 93301
James W. Fitch Assessor— Recorder JASON
Kern County Official Records 7/01/2011
Recorded at the request of 1:23 PM
Public
oacx: 0211085022
Stat Types: 1 Pages: 11
Fees
0.00
Taxes
0.00
Others
0.00
PAID
$0.00
DECLARATION OF RESTRICTIVE COVENANT AND
ENVIRONMENTAL RESTRICTION
This Declaration of Restrictive Covenant and Environmental Restriction
("COVENANT") is executed by the City of Vernon, a California Charter City (the "CITY"), on
this 30th day of June , 2011, in favor of the County of Kern (the "COUNTY"), a
political subdivision of the State of California.
WHEREAS, the CITY owns certain real property located in the County of Kern and
more specifically described in Exhibit A attached hereto (the "PROPERTY");
WHEREAS, the CITY is contemplating developing and operating renewable energy
facilities on the PROPERTY, such as wind energy and solar energy facilities;
WHEREAS, certain state laws, including California Government Code sections 53090 et
seq., may interfere with the COUNTY's ability to regulate development and other activities on
the PROPERTY;
WHEREAS, the CITY desires to avoid future delay, conflict, disagreement, or litigation
relating to the use of the PROPERTY;
1
WHEREAS, the CITY believes that the recordation of this COVENANT would enhance
the CITY's ability to develop the PROPERTY;
WHEREAS, the recordation of this COVENANT would serve the CITY and the
COUNTY's mutual interests in the use and enjoyment of their respective properties; and
WHEREAS, except as provided herein, nothing shall otherwise limit the use of the
PROPERTY as otherwise permitted by law, such as the use of the PROPERTY for development
and operation of renewable energy facilities.
NOW, THEREFORE, the CITY, in consideration of the foregoing and for other good
and valuable consideration, the receipt and adequacy of which the CITY hereby acknowledges,
imposes restrictions on the PROPERTY and covenants and agrees that:
1. The use of the PROPERTY by the CITY and its successors and assigns shall
comply with the COUNTY's General Plan and generally applicable zoning and land -use
restrictions imposed by the COUNTY on the PROPERTY, with only such deviations or
amendments as the COUNTY may approve.
2. The COUNTY shall be the lead agency for any development on the PROPERTY
to which the California Environmental Quality Act, Cal. Pub. Resources Code §§ 21000 et seq.,
is applicable and which is not subject to the exclusive jurisdiction of the California Energy
Commission.
3. The CITY and its successors and assigns expressly waive any and all immunities
they may enjoy under California Government Code sections 53090 et seq. with respect to the
enforcement of this COVENANT by the COUNTY.
4. The obligations herein undertaken by the CITY (1) shall be and are covenants
running with the land and constitute an environmental restriction reasonably necessary for the
benefit of public health and safety and the environment in accordance with California Civil Code
14
sections 1468 and 1471 respectively, (2) are not merely personal covenants of the CITY, (3)
shall bind the CITY and its successors and assigns, and (4) shall benefit the COUNTY and its
successors and assigns.
5. For the purposes of this COVENANT, "successors and assigns" shall include any
and all natural or legal persons or entities, including without limitation corporations,
partnerships, firms, companies, agencies, districts, counties, cities, or political subdivisions, that
may follow the CITY or the COUNTY in ownership or control of the PROPERTY.
6. This COVENANT shall not be varied, amended, modified, or terminated without
the express written consent of the CITY and the COUNTY.
7. This COVENANT shall be recorded in the Office of the Recorder of Kern
County, California, and shall constitute notice to all successors and assigns to the PROPERTY of
the obligations herein set forth.
8. The COUNTY may bring an action at law or in equity to compel the CITY's
performance of its obligations under this COVENANT, and/or for damages.
9. Failure by the COUNTY to insist upon the strict performance of any of the
provisions of this COVENANT by the CITY, or the failure by the COUNTY to execute its rights
upon the default of the CITY, shall not constitute a waiver of its right to insist and demand strict
compliance by the CITY with the terms of this COVENANT thereafter.
10. In any action or proceeding brought to enforce the terms of this COVENANT, the
prevailing party shall be entitled to recover reasonable attorney's fees and costs.
11. This COVENANT shall be governed by the laws of the State of California.
12. The venue for any action to enforce this COVENANT shall be in Kern County,
California.
3
IN WITNESS WHEREOF, the CITY has caused this COVENANT to be signed by its
duly authorized representative, as of the date first written above.
CITY OF VERNON, as Charter City f the State of California
By:
MarylVhitworth
Title: City Administrator
APPRO D AS TO
By: f
illard G. Y ma c
Title: Chief Deputy City Attorney
M
STATE OF CALIFORNIA }
}SS.
COUNTY OF LOS ANGELES }
On ` /I117e- 2011, before me, 1-419GI kall Gf �i/ed?, Notary
Public, personally appeared IV&VL�7 LC!5 hlh& OZ�h , who proved to
me on the basis of satisfactory evidence to be the persony whose nam�Ks) is/p/e subscribed to
the within instrument and acknowledged to me that he/�Ke/tXy executed the same in
his/lr/thr authorized capacity/cap ties, and that by his/Xr/t eir signatures on the instrument
the person, or the entity/entries upon behalf of which the perso>o acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
.5
(Seal)
- A ANA KRINA RUEDA
Commission # 1900284
Notary Public - California
Los Angeles County
M Comm. Ex fires Au 19, 2014
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EXHIBIT A
The PROPERTY is situated in the State of California, County of Kern, and is described
as follows:
Parcel 1: (APN: 153-120-10 & 11)
The East half, Lots 1 and 2 of the Northwest quarter, and Lots 1 and 2 of the Southwest quarter of
Fractional Section 31, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 2: (APN: 181-190-14)
The East half of Fractional Section 31, Township 30 South, Range 38 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 3: (APN: 181-190-15)
The West half of Fractional Section 31, Township 30 South, Range 37 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 4: (APN: 181-190-16)
Fractional Section 36, Township 30 South, Range 361/z East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained
in said land, and further reserving to the State of California and persons authorized by the State, the right
to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such
deposits of other minerals from said land and to occupy and use so much of the surface of said land as
may be required therefor, upon compliance with the conditions and subject to the provisions and
limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded
July 29, 1959 in Book 3170, Page(s) 179 of Official Records.
Parcel 5: (APN: 442-010-07)
Section 11, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Except an undivided 1/z interest in all oil, gas and hydrocarbon substances, within or underlying said land,
as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as
joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records.
Parcel 6: (APN: 442-010-04)
Fractional Section 1, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
761
Parcel 7: (APN: 442-010-02)
The South half of the South half of Fractional Section 2, Township 30 South, Range 34 East, Mount
Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to
the Official Plat thereof.
Except an undivided 1/2 interest in all oil, gas and hydrocarbon substances, within or underlying said land,
as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as
joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records.
Parcel 8: (APN: 442-030-05)
Section 13, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 9: (APN: 442-030-03)
Section 14, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Except all the coal and other minerals in the land so patented together with the right to prospect for, mine
and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (Stat.
862) as reserved by the United States of America in the Patent recorded December 24, 1923 in Book 22,
Page(s) 19 of Official Records.
Parcel 10: (APN: 443-010-02)
Section 23, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 11: (APN: 444-020-16)
Fractional Section 7, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 12: (APN: 444-020-14)
The North half of the North half of Section 8, Township 30 South, Range 35 East, Mount Diablo Base
and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official
Plat thereof.
Except and reserving to the United States, pursuant to the provisions of the Act of August 1, 1946 (60
Stat. 755), all uranium, thorium or any other materials which is or may be determined to be peculiarly
essential to the production of fissionable materials, whether or not of commercial value, together with the
right of the United States through it's authorized agents or representatives at any time to enter upon the
lands and prospect for, mine and remove the same as reserved in the Patent from the United States of
America, recorded April 27, 1949 in Book 1612, Page(s) 130 of Official Records.
Parcel 13: (APN: 444-020-03)
7
Fractional Section 5, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 14: (APN: 444-020-09)
The West half of the Northeast quarter of the Southwest quarter of the Southeast quarter, and the West
half of Section 9, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 15: (APN: 444-040-02)
Section 17, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 16: (APN: 444-040-11)
The West half of the Northeast quarter of Section 16, Township 30 South, Range 35 East, Mount Diablo
Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to the
Official Plat thereof.
Parcel 17: (APN: 444-070-01 & 02)
Fractional Section 3, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 18: (APN: 444-080-05)
The North half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 19: (APN: 444-080-06)
The South half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 20: (APN: 444-080-11)
The West half, and the Southwest quarter of the Southeast quarter of Section 8, Township 30 South,
Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of
California, according to the Official Plat thereof.
Parcel 21: (APN: 444-080-09)
Section 9, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 22: (APN: 444-090-01)
Section 15, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 23: (APN: 444-100-04)
The West half, the West half of the Northeast quarter, the Southeast quarter of the Northeast quarter, and
the Southeast quarter, of Section 16, Township 30 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 24: (APN: 444-100-02)
Section 17, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 25: (APN 444-100-07)
Section 21, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 26: (APN: 444-090-07)
Section 23, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 27: (APN: 444-110-03)
Section 25, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Except a strip of land 200 feet wide granted to the City of Los Angeles by the Southern Pacific Land
Company by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds.
Parcel 28: (APN: 444-110-08)
Section 35, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 29: (APN: 444-110-06)
The North half of the Northwest quarter, the Southwest quarter of the Northwest quarter, the West half of
the Southwest quarter, the Southeast quarter of the Southwest quarter, and the East half of Section 36,
Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area,
County of Kern, State of California, according to the Official Plat thereof.
Parcel 30: (APN: 443-030-16)
Section 25, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 31: (APN: 444-040-18 & 19)
Fractional Section 19, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 32: (APN: 444-060-03)
Section 29, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 33: (APN: 444-120-06)
The Southwest quarter of Section 28, Township 30 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 34: (APN: 444-120-02)
Section 29, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Declaration of
Restrictive Covenant and Environmental Restrictions dated June 30, 2011, from City of
Vernon, a California Charter City, in favor of the County of Kern, a political subdivision
of the State of California, is hereby accepted by the undersigned agent on behalf of the
Board of Supervisors of said County, and the grantee consents to recordation thereof by
its duly authorized agent, pursuant to the authority conferred by Resolution No. 87-127
adopted March 3, 1987.
Dated: July 1, 2011
KATHLEEN KRAUSE
Clerk of the Board of Supervisors
L'2� Le . e6a*�—
Tracey E. ody,
Assistant Clerk of the Board
This Is a true certified copy of the
record if it bears the seal, imprinted w RECO
In purple Ink, of the Recorder. �oJ� 9�c�
JAMES FITCH, A sessor-Recorder P
Kern County California
RIAWMAW !1V�
w���
CITVCLERWS OFFICE STAFF REPORT
CITY ADMINISTRATION
DATE: June 20, 2011
TO: Honorable Mayor and City Council -
FROM: Mark C. Whitworth, City Administrator
RE: Restrictive Covenant and Environmental Restriction on Land in Kern
County
The City of Vernon owns land in Kern County, California, upon which it has been
contemplating developing and operating renewable -energy facilities (the "Property"). To confirm the
City's commitment to work cooperatively with Kern County and comply with Kern County's General
Plan and Zoning Code in connection with development on the Property, as well as to enhance the
City's ability to develop on the Property, Staff from the City and Kern County have proposed
recording the attached Restrictive Covenant and Environmental Restriction (the "Covenant'') against
the Property. Accordingly, City Staff recommends that the City Council adopt a resolution
authorizing the City Administrator to execute and effect the recordation of the Covenant on behalf of
the City.
Background
At one time, the City of Vernon owned approximately 30,000 acres of land in the Onyx Ranch
area of Kern County, California. Recently, the City sold approximately 12,000 acres of this land to a
subsidiary of NextEra Energy Inc. for renewable -energy development. The remaining land owned by
the City is the Property described in Exhibit A to the Covenant. The City has been contemplating
developing and operating renewable -energy facilities on the Property, such as wind -energy and solar -
energy facilities.
The City of Vernon has had a cooperative, productive working relationship with Kern County,
and the City desires to confirm its willingness to comply with Kern County's General Plan and
Zoning Code in connection with development on the Property. In connection with the proposed
development on the Property, Kern County has requested that the City confirm its willingness to
comply with the General Plan and Zoning Code of Kern County, particularly since certain state laws,
such as California Government Code sections 53090 et seq., raise questions regarding the County's
ability to regulate development and other activities on the Property. These provisions have been .
1
interpreted to exempt cities from complying with the General Plans and zoning ordinances of the
counties in which they own property.
Staff of the City of Vernon and Kern County have proposed the Covenant, which is intended
to respond to Kern County's request; enhance Vernon's ability to develop the Property; and further
the mutual interests of the City and Kern County. A copy of the proposed Covenant is attached to this
Report.
The Covenant
For the benefit of Kern County, the Covenant confirms the City's commitment to comply with
Kern County's General Plan and Zoning Code. The Covenant also provides that Kern County will be
the lead agency with respect to any development on the Property that is subject to the California
Environmental Quality Act, except where the development is subject to the exclusive jurisdiction of
the California Energy Commission. The Covenant provides for the City to comply with Kern
County's General Plan, zoning, and land -use restrictions, notwithstanding any immunity the City
would otherwise enjoy under California Government Code sections 53090 et seq. The Covenant will
"run with the land" and be binding on the City's successors and assigns in ownership of the Property.
Upon execution of the Covenant, it must be recorded in the Office of the Recorder of Kern County,
which will constitute notice of the Covenant to all of Vernon's successors and assigns.
Recommendation
Adopt the attached resolution authorizing the City Administrator to execute and effect the
recordation of the attached Covenant.
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