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IF DOCUMENT IS RECORDED, <br /> AFTER RECORDING RETURN TO: <br /> RECLAMATION DISTRICT NO. 2044 • 5X05V <br /> 421 So. EI Dorado, Suite 400 ; ;& 38, <br /> Stockton , CA 95202 <br /> (209) 948-0434 <br /> 2pO 9 <br /> ENCROACHMENT AGREEMENT <br /> THIS ENCROACHMENT AGREEMENT ("Agreement` ) dated March 17 , 20097 , <br /> by and between RECLAMATION DISTRICT NO. 2044 , a Public Agency of the State of <br /> Cal'rfomia , hereinafter referred to as " District" , and ATC Associates , Inc. , hereinafter <br /> referred to as "ATC;' sets forth agreements as follows: <br /> WITNESETH: <br /> WHEREAS , District occupies easements and fee-owned lands (hereinafter <br /> referred to as the "District's Land") , generally described in the attached Exhibit "A", for <br /> its reclamation, irrigation and drainage operations and facilities, and <br /> WHEREAS , ATC represents itself as a California corporation in good standing <br /> and authorized by appropriate corporate resolution to enter into this Agreement, and <br /> WHEREAS. ATC is conducting a preliminary geotechnical study for <br /> . Westrec Marinas ("Westrec") for subsurface investigation of the extent of petroleum and <br /> fuel oxygenate impacted groundwater and soil at a site ("the site' located on the <br /> levee/driveway just west of the Store/Garage and Office/Restaurant as further shown in <br /> Ex . 1 . , and <br /> WHEREAS , ATC wishes to encroach upon the District's land in the drilling of <br /> two (2) borings to a depth of approximately twenty (20) feet to collect soil samples as <br /> described in Exhibit " 13", and <br /> WHEREAS, ATC is now willing to comply with all terms and conditions of this <br /> Agreement and the "Conditions Precedent", as generally despribed in the attached <br /> Exhibit "C" , including , but not limited to, providing a detailed written description and map <br /> of the borings, payment of an "encroachment fee" of $100, 00, reimbursement of <br /> $350. 00 for estimated costs and expenses in the creation and negotiation of this <br /> Agreement, payment for the future review and approval of all plans by District's selected <br /> engineer to be billed directly by said engineer and any expense for onsite visits by the <br /> District' s personnel to ensure compliance with this Agreement, and <br /> 1 <br /> abed Fi_ aa - a +. a - r; n � XHa larmAsH1 mel omw wusa : L 6002 bT Ddu <br />