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2022-11-14_item_4.15_approve_levee_easement_associated_joint_use_agreement_with_rd_17_for_a_portion_of_mossdale_landing_community_park

Lathrop City Council
November 14, 2022

Document
2022-11-14_item_4.15_approve_levee_easement_associated_joint_use_agreement_with_rd_17_for_a_portion_of_mossdale_landing_community_park
Meeting
November 14, 2022
Body
Lathrop City Council
Original file
801 KB
Text extracted from the city's file for reading and search. Open the original on www.ci.lathrop.ca.us. That file is the official record.

ITEM 4. 15

CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE LEVEE EASEMENT AND ASSOCIATED JOINT
USE AGREEMENT WITH RECLAMATION DISTRICT NO.
17 FOR A PORTION OF MOSSDALE LANDING

COMMUNITY PARK
RECOMMENDATION: Adopt Resolution Approving a Levee Easement and Associated Joint Use Agreement with Reclamation
District No. 17 for a Portion of Mossdale Landing
Community Park
SUMMARY:

In 2011, Reclamation District No. 17 ( RD 17) constructed a seepage berm along Inland Passage Way at the southern end of Mossdale Landing Community Park. The seepage berm reduces river water seepage through the levee during high- water events. The City owns the Mossdale Landing Community Park land, and therefore RD 17 needs to establish an easement and Joint Use Agreement ( JUA) to access, maintain, and inspect the seepage berm.

Staff requests Council approve the JUA ( Attachment B) and associated Levee Easement ( Attachment C) to allow RD 17 to access, maintain and inspect the existing levee seepage berm.

BACKG ROU N D:

In 2011, RD 17 constructed a seepage berm along Inland Passage Way at the southern end of Mossdale Landing Community Park. The seepage berm reduces river water seepage through the levee during high- water events. The Mossdale Landing Community Park land is owned by the City and therefore RD 17 needs to establish a Levee Easement and Joint Use Agreement to access, maintain, and inspect the seepage berm.

Because the levee seepage berm and City park coexist, a JUA is needed to set forth the terms and conditions to which RD 17 and City can access, construct, reconstruct, maintain, inspect, operate, replace and rehabilitate the facilities.

RECOMMENDATION:

A Levee Easement and JUA is needed to allow for the access, maintenance and inspection of the RD 17 levee seepage berm, which is located on a City park parcel.

Staff recommends that Council approve the ) UA and associated Levee Easement.

CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE JUA AND LEVEE EASEMENT WITH RD 17 FOR A PORTION OF

MOSSDALE LANDING COMMUNITY PARK
FISCAL IMPACT:

There is no fiscal impact associated with this item.

ATTAC H M E NTS:

A. Resolution Approving a Levee Easement and Associated Joint Use Agreement with Reclamation District No. 17 for a Portion of Mossdale Landing Community Park B. Joint Use Agreement by and between the City of Lathrop and Reclamation District No. 17
C. Levee Easement between City of Lathrop and Reclamation District 17 CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE JUA AND LEVEE EASEMENT WITH RD 17 FOR A PORTION OF

MOSSDALE LANDING COMMUNITY PARK
APPROVALS:
lJ, 3 2o 22
Brad ylor Date
City Engi
1,, a
Cari Jame Date
Finance ' ector
l"_ l- y- zoZ2
Michael King Date
Assistant City Manager
ZO ZZ
Salvador Navarrete Date
City Attorney
8 'ZZ
Ste n J. Salvatore Date
City Manager
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A LEVEE EASEMENT AND ASSOCIATED JOINT USE AGREEMENT WITH RECLAMATION DISTRICT NO. 17 FOR A PORTION OF MOSSDALE

LANDING COMMUNITY PARK
WHEREAS, in 2011, Reclamation District No. 17 ( RD 17) constructed a seepage berm along Inland Passage Way at the southern end of Mossdale Landing Community Park; and
WHEREAS, the City owns the Mossdale Landing Community Park land, and therefore RD 17 needs to establish an easement and Joint Use Agreement ( JUA) to access, maintain, and inspect the seepage berm; and
WHEREAS, because the levee seepage berm and City park coexist, a JUA is needed to set forth the terms and conditions to which RD 17 and City can access, construct, reconstruct, maintain, inspect, operate, replace and rehabilitate the facilities; and
WHEREAS, staff requests Council approve the JUA and associated Levee Easement to allow RD 17 to access, maintain and inspect the existing levee seepage berm; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the ) oint Use Agreement and associated Levee Easement, both attached to the City Manager' s Report dated November 14, 2022, with Reclamation District No. 17 for a portion of Mossdale Landing Community Park.

The foregoing resolution was passed and adopted this 14th day of November 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney pTTACHMENi
Recording Requested By:

RECLAMATION DISTRICT NO. 17
WHEN RECORDED RETURN TO:

RECLAMATION DISTRICT NO. 17
c/ o NOMELLINI, GRILLI & McDANIEL/ LAW OFFICE
P. O. Box 1461 STOCKTON, CA 95201
COPY TO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
APN: 191- 350- 04 PUBLIC ENTIN FILING FEE WAIVEO PER GOVT. CODE§ 6103

JOINT USE AGREEMENT

BY AND BETWEEN THE

CITY OF LATHROP
AND
RECLAMATION DISTRICT NO. 17
This JOINT USE AGREEMENT entered into on 2022 (" Agreement") and is made and entered into by RECLAMATION DISTRICT N0. 17, a reclamation district organized under the laws of the State of California (" RD 17"), and the CITY OF LATHROP, a municipal corporation in the State of California City"), collectively referred to as " Parties" or" the Parties".

RECITALS
A. The Reclamation District No. 17 ( RD 17) levee system protects portions of San Joaquin County as well as portions of the Cities of Stockton, Lathrop, and Manteca. Said levee system includes approximately 19 miles of levee, of which roughly 16 miles are federal Project Levee.

B. The State Central Valley Flood Protection Board ( CVFPB), formerly the Reclamation Board, is the nonfederal sponsor. CVFPB as the governing Board of the Sacramento San Joaquin Drainage District regulates encroachments and other levee related actions on such federal Project Levees and has the right to joint use of RD 17 levee related fee and easement property interests.

C. RD 17 has constructed additional improvements to the property interests of the City with the Levee Seepage Repair Project. The City holds fee and easement property interests affected and modified by the RD 17 levee operation, maintenance and improvement work. A Levee Easement Agreement for joint use is attached hereto as Exhibit" A".
1 AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the Parties do hereby agree as follows:

1. City hereby agrees to the access, construction, reconstruction, maintenance, inspection, operation, replacing, rehabilitation or use by RD 17 of the land located within the Joint Use Area which is attached hereto as Exhibit" A" to this Agreement.

2. RD 17 and City acknowledge the priority of title of each other wherever applicable to the Joint Use Area.

3. City shall pay the cost to maintain, repair or replace City' s facilities located in the Joint Use Area at its sole expense, and for construction, rearrangement, modification, alteration or relocation not requested or undertaken by RD 17, except for damage resulting from maintenance, repair or replacement by RD 17.

4. RD 17 or its assignees shall pay the cost to maintain, repair and replace RD 17' s facilities located in the loint Use Area at its sole expense, and for construction, rearrangement, modification, alteration or relocation not requested or undertaken by City, excepting damage resulting from maintenance, repair or replacement by City.

5. RD 17, when working within the Joint Use Area shall comply with the following provisions:
a. Except in times of emergency, including during a high water or flooding event, RD 17 shall provide reasonable notice to City before performing any work in the Joint Use Area where such work will be performed in or on the traveled way or improved shoulders, sidewalk or landscaping of the roadway or will otherwise obstruct vehicular and/ or pedestrian traffic. b. In all cases, RD 17 shall make adequate provisions for the protection of the travelling public and provide such barricades and safety devices as are required by City standards, and in cases of non- emergency, provide a Traffic Control Plan as required by City standards and specifications.
c. All work shall be planned and carried out so there will be minimum inconvenience to the traveling public.
d. All work shall be replacement in kind, conform to the existing facilities as to width and depth of surfacing thereof, meet all applicable City standards and specifications as determined by the City Engineer and shall be subject to inspection by City.

6. RD 17 and City shall use said Joint Use Area in such manner as to not unreasonably interfere with the rights of either Party.
2 7. RD 17 shall not be responsible for any damage occurring to the City facilities in the Joint Use Area that are not as a direct result of the RD 17' s maintenance, construction or reconstruction activities, or from its flood control facilities located on or near the Joint Use Area. All costs for repairing such damage to City' s facilities shall be borne by City.

8. City shall not be responsible for any damage occurring to RD 17 facilities in the loint Use Area that are not as a direct result of the City' s maintenance, construction or reconstruction activities of its right of way or improvements on or near the Joint Use Area. All costs for repairing such damage to RD 17' s facilities shall be borne by RD 17.

9. RD 17 shall be responsible for the structural integrity of its levees, berms and similar structures, as well as vegetation and weed control activities of its levee slopes and adjacent areas that may transverse the loint Use Area. City shall be responsible for any landscaping and irrigation improvements within its right of way, including within the Joint Use Area. The City or its assignees shall become responsibility for weed control within portions of the Joint Use Area that are landscaped by the City.

10. This Agreement shall not have a prescribed term. Termination of Agreement shall only occur if the Joint Use Area ceases to be in existence and the need for this Agreement and its rights and obligations contained herein cease to be necessary. Either Party may provide written notice of such termination, subject to review and verification of the other Party.

11. Notices. Notice shall be provided 30 days in advance of the commencement of any work within the Joint Use Area. Any and all notices required to be given hereunder will be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the address hereinafter specified or as later amended by either party in writing:

Reclamation District No. 17 City of Lathrop
C/ o Dante John Nomellini Sr Attn: City Clerk
P. O. Box 1461 390 Towne Centre Drive
Stockton, CA 95201 Lathrop, CA 95330
Tel 209- 465- 5883 Tel 209 941-7230
Fax 209 465- 3956 Fax 209 941- 7229
Email n mplcs@pacbell. net and Email: website cco@ci. lathrop. ca. us C/ o Kjeldsen, Sinnock& Neudeck Inc. Copy to:
711 N. Pershing Avenue Public Works Department
Stockton, CA 95203 Email: btaylor@ci. lathrop. ca. us
Tel 209 946- 0268 Attn: Brad Taylor
Email cneudeck@ksninc. com

12. This Agreement, and all terms, covenants, and conditions hereof, will apply to and bind the successors and assigns ofthe respective parties hereto. Neither Party will assign nor sublet this Agreement without the prior written consent of the other Party.
3 13. This Agreement is governed by California law.

14. This Agreement may not be modified or amended except in writing signed by both parties.

15. Each party must, in all' activities undertaken pursuant to this Agreement, comply and cause its contractors, agents and employees to comply with all Federal, State and local laws, statutes, orders, ordinances, rules, and regulations.

16. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any permanent easement, fee or other interest in a party' s real property to the other Party.

17. This Agreement, together with all exhibits attached hereto, constitutes the entire agreement between the Parties and supersedes all prior written or oral understandings. 4 IN WITNESS WHEREOF, the City and RD 17 have signed this Agreement effective as of the Effective Date.

CITY OF LATHROP RECLAMATION DISTRICT NO. 17
By: By:

Stephen J. Salvatore
City Manager

ATTEST ATTEST
By: By:

Teresa Vargas
City Clerk

APPROVED AS TO FO M BY THE CITY OF LATHROP CITY ATTORNEY i
BY:

Salvador Navarrete
City Attorney
5 Recording Requested By: EXHIBIT^
RECLAMATION DISTRICT NO. 17
WHEN RECORDED RETURN TO: COPY
RECLAMATION DISTRICT NO. 17
c/ o NOMELLINI, GRILLI & McDANIEL/ LAW OFFICE
P. O. Box 1461 STOCKTON, CA 95201
COPY TO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
PUBLIC ENTITY FILING FEE WAIVED PER GOVT. CODE§ 6103

EASEMENT DEED
Project: Levee Seepage Repair
Parcel Nos. 191- 350- 04
City of Lathrop to as " GRANTOR", GRANTS to the Reclamation District No. 17, hereinafter referred to as " GRANTEE", perpetual rights of way and exclusive easements in the real property described in Attachment " A" incorporated herein by this reference, situated in the County of San Joaquin, State of California, for any present or future flood control project to:

1. Construct, reconstruct, enlarge, fence, plant with trees, shrubs, and other vegetation, preserve and retain all vegetative growth desirable for project purposes, repair and use flood control works, which shall include, but not be limited to, access, haul, and patrol roads, levees, ditches, embankments, channels, berms, fences, and appurtenant structures, and operate and maintain said flood control works in conformity with the Code of Federal Regulations, Corps of Engineers' Standard Operation and Maintenance Manual, and State of California Standards.

2. Clear and remove from said flood control works any and all natural or artificial obstructions, improvements, trees, and vegetation necessary for construction, operation, maintenance, repair, reconstruction, and emergency flood fight.

3. Flow waters and materials and by said flow erode.

4. Place or deposit earth, debris, sediment, or other material.

5. Excavate and remove earth, debris, sediment, or other material, including that placed or deposited as above.

6. Locate or relocate roads and public utility facilities by Grantee or others.

7. Restrict the rights of the Grantor, his successors and assigns, without limitations, to explore, extract, remove, drill, mine, or operate through the surface or upper 100 feet of the subsurface in exercise of the Grantor' s interest in any minerals, including oil and gas.
1 8. Restrict any use by others which may interfere with any of the uses listed herein or any use necessary or incidental thereto.

9. To make the rights provided under this easement available to other flood control entities responsible for flood fighting and for the construction, operation, maintenance, inspection, repair, reconstruction, and improvement of flood control works.

10. This Levee Easement Deed is subject to the Joint Use Agreement recorded with the San Joaquin Recorder' s Office as Doc # on November 2022.

There is reserved unto Grantors all riparian, appropriative and other water- related rights including drainage), appurtenant to the remainder of Grantors' property together with an easement extending ten ( 10) feet on each side of the centerline of any existing water supply or drainage facilities including those connecting to the San Joaquin River. If none exist then an easement extending ten ( 10) feet on each side of the centerline of a new easement for access to the San Joaquin River for water supply and drainage. Said easements shall include reasonable access thereto. The location of new easements and any and all installations, construction, modifications, additions and the access to, operation and maintenance thereof shall be in compliance with the requirements and regulations of all government agencies including but not limited to Reclamation District No. 17, the Central Valley Flood Protection Board ( formerly The Reclamation Board) and the United States Army Corps of Engineers.

See Exhibit " A", legal description attached hereto and made a part hereof.

GRANTOR GRANTEE
CITY OF LATHROP RECLAMATION DISTRICT NO. 17
By: gy;
Stephen J. Salvatore
City Manager

ATTEST ATTEST
By: gy:

Teresa Vargas
City Clerk

APPROVED AS TO F THE CITY OF LATHROP CITY ATTORNEY
BY:

Salvador Navarrete
City Attorney
2 ATTA MENT
Recording Requested By:

RECLAMATION DISTRICT NO. 17
WHEN RECORDED RETURN TO:

RECLAMATION DISTRICT NO. 17
c/ o NOMELLINI, GRILLI & McDANIEL/ LAW OFFICE
P. O. Box 1461 STOCKTON, CA 95201
COPY TO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
PUBLIC ENTITV FILING FEE WAIVED PER GOVT. CODE§ 6103

EASEMENT DEED
Project: Levee Seepaqe Repair
Parcel Nos. 191- 350- 04
City of Lathrop to as " GRANTOR", GRANTS to the Reclamation District No. 17, hereinafter referred to as " GRANTEE", perpetual rights of way and exclusive easements in the real property described in Attachment " A" incorporated herein by this reference, situated in the County of San Joaquin, State of California, for any present or future flood control project to:

1. Construct, reconstruct, enlarge, fence, plant with trees, shrubs, and other vegetation, preserve and retain all vegetative growth desirable for project purposes, repair and use flood control works, which shall include, but not be limited to, access, haul, and patrol roads, levees, ditches, embankments, channels, berms, fences, and appurtenant structures, and operate and maintain said flood control works in conformity with the Code of Federal Regulations, Corps of Engineers' Standard Operation and Maintenance Manual, and State of California Standards.

2. Clear and remove from said flood control works any and all natural or artificial obstructions, improvements, trees, and vegetation necessary for construction, operation, maintenance, repair, reconstruction, and emergency flood fight.

3. Flow waters and materials and by said flow erode.

4. Place or deposit earth, debris, sediment, or other material.

5. Excavate and remove earth, debris, sediment, or other material, including that placed or deposited as above.

6. Locate or relocate roads and public utility facilities by Grantee or others.

7. Restrict the rights of the Grantor, his successors and assigns, without limitations, to explore, extract, remove, drill, mine, or operate through the surface or upper 100 feet of the subsurface in exercise of the Grantor's interest in any minerals, including oil and gas.
1 8. Restrict any use by others which may interfere with any of the uses listed herein or any use necessary or incidental thereto.

9. To make the rights provided under this easement available to other flood control entities responsible for flood fighting and for the construction, operation, maintenance, inspection, repair, reconstruction, and improvement of flood control works.

10. This Levee Easement Deed is subject to the Joint Use Agreement recorded with the San Joaquin Recorder's Office as Doc # on November 2022.

There is reserved unto Grantors all riparian, appropriative and other water-related rights including drainage), appurtenant to the remainder of Grantors' property together with an easement extending ten ( 10) feet on each side of the centerline of any existing water supply or drainage facilities including those connecting to the San Joaquin River. If none exist then an easement extending ten ( 10) feet on each side of the centerline of a new easement for access to the San Joaquin River for water supply and drainage. Said easements shall include reasonable access thereto. The location of new easements and any and all installations, construction, modifications, additions and the access to, operation and maintenance thereof shall be in compliance with the requirements and regulations of all government agencies including but not limited to Reclamation District No. 17, the Central Valley Flood Protection Board ( formerly The Reclamation Board) and the United States Army Corps of Engineers.

See Exhibit " A", legal description attached hereto and made a part hereof.

GRANTOR RANTEE
CITY OF LATHROP RECLAMATION DISTRICT NO. 17
By: gy:

Stephen J. Salvatore
City Manager

ATTEST ATTEST
By: gy:

Teresa Vargas
City Clerk

APPROVED AS TO FORM BY THE CITY OF LATHROP CITY ATTORNEY BY:

Salvador Navarrete
City Attorney
2 ATTACHMENT A
All that certain real property situated in Section 33,Township 1 South, Range 6 East, Mount Diablo Base and Meridian, the City of Lathrop, County of San Joaquin, State of California, being a portion of Lot 15 of Tract Map No. 3142 filed on August 27, 2003, in Book 38 of Maps and Plats, at Page 49, and recorded in Document Number 2003- 195391, San Joaquin County Records, more particularly described as follows:

PARCEL 14551 - UNIT A
COMMENCING at a found 3/ 4 inch iron pipe tagged LS 4876 at the Southeast cornerof Section 33, Township 1 South, Range 6 East, Mount Diablo Base and Meridian, as said corner is shown on said Tract Map No. 3142, from which the West quarter corner of said Section 34, marked by a found 2" brass disk stamped LS 5412 per RS 38- 185, bears North 02° 02' 18" West 2650. 38 feet, thence frorn said P INT OF COMMENCEMENT North 36° 10' 57" West 2024. 46 feet to a found 3/ 4 inch iron pipe with illegible plug, located at the Southeast corner of Lot 15 as shown on said Tract Map No. 3142 and the Point of Beginning;
THENCE FROM SAID POINT OF BEGINNING along the Southerly line of said Lot 15 North 78° 44' 41" West, ( North 78° 44' 39" West) 93.64 feet to the Southeast corner of Lot 18 as shown on said Tract Map from which a 3/ 4- inch iron pipe tagged LS 4876 as shown on said Book 38 of Maps and Plats, at Page 49, bears North 78° 44' 41" West, (North 78° 44' 39" West) 82. 46 feet; Thence leaving said Southerly line along the Easterly line of said Lot 18 the following five ( 5) courses:
1) North 09° 36' 38" West, ( North 09° 36' 36" West) 45. 71 feet; 2) North 00° 34' 21" West, ( North 00° 34' 20" West) 104. 05 feet; 3) North 06° 23' 25" East, ( North 06° 23' 27" East) 105. 87 feet; 4) North 10° 40 ' 45" East, ( North 10° 40 ' 46" East) 110. 60 feet; 5) North 11° 28' 18" East, ( North 11° 28' 20" East) 37. 37 feet; Thence leaving said Easterly line the following two (2) courses:
1) South 78° 31' 42" East 121. 45 feet;
2) South 33° 28' 10" East 11. 38 feet to the Easterly line of said Lot 15; Thence along the Easterly line of said Lot 15 the following four( 4) courses:
1) to the beginning of a non-tangent to the left having a radius of 75. 99 feet, through a central angle of 44° 43' 31", an arc length of 59. 32 feet, with a chord bearing of South 33° 37' 05" West, 57. 83 feet; and 2) South 11° 15' 19" West, ( South 11° 15' 21" West) 134. 15 feet to the beginning of tangent curve to left;
3) having a radius of 327. 98 feet, through a central angie of 11° 15' 21", an arc length of 64.43 feet; and
4) South 00° 00' Q2" East, ( South 00° 00' 00" East) 140. 51 feet to the Point of Beginning.

Containing 0. 96 acres, more or less.

The bearings and distances shown hereon are based on the California Coordinate System of 1983, CCS83 ( 1991. 35), Zone 3, as shown on Record of Survey recorded January 15, 2015 in Book 38 of Surveys, Page 119, San Joaquin County Records. All distances given are grid distances to obtain ground distances multiply by

1. 00006613. Record Bearings from said Book 38 of Maps and Plats, at Page 49 are shown as (North 00° 00' 00" West).

See EXHIBIT " B- 3" piat to accompany description, attached hereto and made a part hereof
SUBJECT TO any special assessments, restrictions, reservations, easements and other encumbrances.

END OF DESCRIPTION
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BOOK 34 AT 1 05. 87' i"" -.._ LEVEE EASEMENT j
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PARCEL 4331 0104. 05 , CH= SS 37 39 W
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WATER LINE EASEMENT
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MONUMENT TO MONUMENT r'.
1APS AND PLATS
BOOK 39 AT PAGE 22
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LEGEND: i a ' s
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E EMENT VIA2 DESIGN BY BAS DRAWING SCALE DATE
K KJELDSEN T11 NPerahingAvenue LEVEE SEEPAGE REPAIR PROJECT DRAWN BY BAS 1"= t00' OCTOBER 2022
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RECLAMATION DISCRICTN0. 17 SHEET IDENTIFICATION S'i S I N N O C K CHECK BY KFN a
N NEUDECK, H, o, a 2, 2 SSJDD PARCEL 14551- UNITA HORIZONTALDATUM ORIG. DRAWINGSCALE w
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