Laserfiche WebLink
Dee 12 2008 9 : 21RM- IGAVer, Coon, & Keen LLP (209 1-9451 P. 2 <br /> L"41 kna;le.cp <br /> IF DOCUMENT IS RECORDED, <br /> AFTER RECORDING RETURN TO: P�6r okoY <br /> RECLAMATION DISTRICT NO. 2044 <br /> 311 E. Main Street, Suite 400 <br /> Stockton, CA 95202 <br /> (209) 948-0434 <br /> ENCROACHMEbIT AGREEMENT <br /> THIS E NCROACHME NIT AGREEMENT("Agreement")dated October_,2008, by <br /> and between RECLAMATION DISTRICT NO. 2044, a Public Agency of the State of <br /> California, hereinafter referred to as"District", and the City of Stockton,a city incorporated <br /> in 1850 is hereinafter referred to as "City," sets forth agreements as follows: <br /> WITNESSETH• <br /> WHEREAS,District occupies easements and fee-owned lands(hereinafter referred <br /> to as the "District's Land"), generally described In the attached Exhibit "A", for its <br /> reclamation, Irrigation and drainage operations and facilities, and <br /> WHEREAS, City represents itself as a California municipal corporation in good <br /> standing and authorized by appropriate corporate resolution to enter into this Agreement, <br /> and <br /> WHEREAS,City is conducting a preliminary geotechnical study for the construction <br /> of a subsurface water conveyance pipeline at various including a site ("the site") located <br /> 400 feet north of Eight Mile Road and on the northerly portion of Atherton Road which is <br /> on the western boundary levee of King Island as further shown in Ex. 1., and <br /> WHEREAS, City wishes to encroach upon the District's Land in the drilling of one <br /> (1) boring for collecting and analyzing water and soll samples as described in Exhibit"B", <br /> and <br /> WHEREAS, City is now willing to comply with all terms and conditions of this <br /> Agreement and the"Conditions Precedent", as generally described in the attached Exhibit <br /> "C", including, but not limited to, providing a detailed written description, data and map of <br /> the boring,payment of an annual"encroachment fee"of$100.00, reimbursement of costs <br /> and expenses according to an existing Reimbursement Agreement dated Toru /� <br /> 2008; and <br /> WHEREAS, District is willing to permit said temporary encroachment provided City <br /> complies with the terms and conditions of this Agreement and City Indemnifies and holds <br /> the District harmless as herein below specified and provided City's boring is approved by <br /> 1 <br />