It is the policy of this city to preserve, protect and encourage
the use of viable agricultural lands for the production of food and
other agricultural products. When nonagricultural land-uses extend
into or approach agricultural areas, conflicts often arise between
such land-uses and agricultural operations. Such conflicts often result
in the involuntary curtailment or cessation of agricultural operations,
and discourage investment in such operations. This chapter is intended
to reduce the occurrence of conflicts between nonagricultural and
agricultural land uses within the city.
(Ord. 871 § 1, 1990)
As used in this chapter, the following terms have the meanings
stated in this section:
is one authorized by law to act in that capacity for that
type of property, and is licensed as a real estate broker under Chapter
3 (commencing with Section 10130) of Part 1 of Division 4 of the Business
and Professions Code or is a licensee, as defined in Section 18006
of the Health and Safety Code.
includes any transferee.
is one who has obtained a listing of property of the kind
in respect of which he or she is authorized by law to act as an agent
for compensation.
means real property.
means any transfer of fee title.
is an agent who acts in cooperation with a listing agent
and who sells, or finds and obtains a buyer for, the property.
includes an exchange. A property is sold when a legally binding
commitment to sell the property comes into existence.
(Ord. 871 § 1, 1990)
The transferor of any property located in the city shall deliver
the disclosure statement required by this chapter to the prospective
transferee as follows:
A.
In the
case of a sale, as soon as practicable before transfer of title.
B.
In the case of transfer by a real property sales contract, as defined in Section 2985 of the Civil Code, as soon as practicable before execution of the contract. For the purpose of this subsection "execution" means the making or acceptance of an offer. With respect to any transfer subject to subsection A or B, the transferor shall indicate compliance with this chapter either on the receipt for deposit, the real property sales contract, or any addendum attached thereto or on a separate document.
(Ord. 871 § 1, 1990)
The disclosure required by this chapter is set forth herein,
and shall be made on a copy of the following disclosure form:
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REAL ESTATE TRANSFER DISCLOSURE STATEMENT
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THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED
IN THE CITY OF MANTECA, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA,
DESCRIBED AS________. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION
OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NO.________
OF THE MANTECA CITY CODE AS OF ________, 1990. IT IS NOT A WARRANTY
OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S)
IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.
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I
SELLERS INFORMATION
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The Seller discloses the following information with the knowledge
that even though this is not a warranty, prospective Buyers may rely
on this information in deciding whether and on what terms to purchase
the subject property. Seller hereby authorizes any agent(s) representing
any principal(s) in this transaction to provide a copy of this statement
to any person or entity in connection with any actual or anticipated
sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE
SELLER(S) AS REQUIRED BY THE CITY OF MANTECA, AND ARE NOT THE REPRESENTATIONS
OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT
INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.
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1. The City of Manteca permits operation of properly conducted
agricultural operations with the city limits, including those that
utilize chemical fertilizers and pesticides. YOU ARE HEREBY NOTIFIED
THAT THE PROPERTY YOU ARE PURCHASING MAY BE LOCATED CLOSE TO AGRICULTURAL
LANDS AND OPERATIONS. YOU MAY BE SUBJECT TO INCONVENIENCE OR DISCOMFORT
ARISING FROM THE LAWFUL AND PROPER USE OF AGRICULTURAL CHEMICAL AND
PESTICIDES AND FROM OTHER AGRICULTURAL ACTIVITIES, INCLUDING WITHOUT
LIMITATION, CULTIVATION, PLOWING, SPRAYING, IRRIGATION, PRUNING, HARVESTING,
BURNING OF AGRICULTURAL WASTE PRODUCTS, PROTECTION OF CROPS AND ANIMALS
FROM DEPREDATION, AND OTHER ACTIVITIES WHICH OCCASIONALLY GENERATE
DUST, SMOKE, NOISE AND ODOR. Consequently, depending on the location
of your property, it may be necessary that you be prepared to accept
such inconveniences or discomfort as a normal and necessary aspect
of living in an agriculturally active region.
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2. ____________________________________________________________________
______________________________________________________________________
______________________________________________________________________
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Seller certifies that the information herein is true and correct
to the best of Seller's knowledge as of the date signed by the Seller.
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Seller ______
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Date ______
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Seller ______
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Date ______
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II
BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE
AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE
PROVISIONS IN AN ADVICE/INSPECTIONS/DEFECTS.
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I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.
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Seller ______ Date ______
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Buyer ________ Date __________
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Seller ______ Date ______
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Buyer ________ Date __________
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Agent (Broker Representing Seller) ______________
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By (Associate Licensee or Broker-Signature) ________ Date ________
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Agent (Broker Obtaining the Offer) ________________
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By (Associate Licensee or Broker-Signature) ________ Date ________
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A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE.
IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.
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(Ord. 871 § 1, 1990)
Prior to issuance of a city building permit for construction
of a residential building the owner of the property upon which the
building is to be constructed shall sign, date and file with the city
building department the disclosure statement set forth below:
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DISCLOSURE STATEMENT—BUILDING PERMIT
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The City of Manteca permits operation of properly conducted
agricultural operations within the city limits, including those that
utilize chemical fertilizers and pesticides. YOU ARE HEREBY NOTIFIED
THAT THE PROPERTY YOU ARE PURCHASING MAY BE LOCATED CLOSE TO AGRICULTURAL
LANDS AND OPERATIONS. YOU MAY BE SUBJECT TO INCONVENIENCE OR DISCOMFORT
ARISING FROM THE LAWFUL AND PROPER USE OF AGRICULTURAL CHEMICALS AND
PESTICIDES AND FROM OTHER AGRICULTURAL ACTIVITIES, INCLUDING LIMITATION,
CULTIVATION, PLOWING, SPRAYING, IRRIGATION, PRUNING, HARVESTING, BURNING
OF AGRICULTURAL WASTE PRODUCTS, PROTECTION OF CROPS AND ANIMALS FROM
DEPREDATION, AND OTHER ACTIVITIES WHICH OCCASIONALLY GENERATE DUST,
SMOKE, NOISE, AND ODOR. Consequently, depending on the location of
your property, it may be necessary that you be prepared to accept
such inconveniences or discomfort as a normal and necessary aspect
of living in an agriculturally active region.
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I declare that I have read and understand the foregoing disclosure.
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Date: _____________ (sign) ___________________________
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Print Name: ________________________________________
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(Ord. 871 § 1, 1990)
If a buyer refuses to sign the disclosure statement set forth in Section 8.24.040, the transferor may comply with the requirements of this chapter by delivering that statement to the buyer as provided in Section 8.24.030 and affixing and signing the following declaration to the statement:
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I (insert name) have delivered a copy of the foregoing disclosure
statement as required by law to (insert Buyer's name) who has refused
to sign.
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I declare the foregoing to be true under penalty of perjury.
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Date: _____________ (sign) ___________________________
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Print Name: ________________________________________
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(Ord. 871 § 1, 1990)
The specification of items of disclosure in this chapter does
not limit or abridge any obligation for disclosure created by any
other provision of law or which may exist in order to avoid fraud,
misrepresentation, or deceit in the sale.
(Ord. 871 § 1, 1990)
Delivery of the disclosure statement required by Section 8.24.030 shall be by personal delivery or certified mail return receipt requested to the buyer.
(Ord. 871 § 1, 1990)
Noncompliance with any provision of this chapter shall not affect
title to real property, nor prevent the recording of any document.
Any person who violates any provision of this chapter is guilty of
an infraction punishable by a fine not exceeding one hundred dollars.
(Ord. 871 § 1, 1990)
Nothing contained in this chapter is to be construed as modifying
state law as set out in the California State Civil Code, Health and
Safety Code, Fish and Game Code, Food and Agricultural Code, Division
7 of the Water Code, or any other applicable provision of state law
relating to nuisances; rather, it is only to be utilized in the interpretation
and enforcement of this code and city regulations.
(Ord. 871 § 1, 1990)
