AFTER RECORDING MAIL TO:
South San Joaquin Irrigation District
P.O. Box 747
Ripon, CA 95366
AGREEMENT TO TRANSFER EASEMENTS AND DRAINAGE FACILITIES THIS AGREEMENT, made and entered into _____________, 2022, by and between SOUTH SAN JOAQUIN IRRIGATION DISTRICT, a California irrigation district governed by Division 11 of the California Water Code (“District”) and the CITY OF MANTECA, a municipal corporation (“City”).
RECITALS
A. District is the owner of certain drainage facilities, consisting of segments of open channel, underground pipe, and associated appurtenances, which are collectively known as “Drain 5;”
B. Drain 5 is located within certain easements owned by the District; and C. The City currently utilizes Drain 5 for the conveyance of storm water, in accordance with the terms and conditions of a Master Storm Drainage Agreement between the District and City, dated February 14, 2006, which allows for the transfer of unused District facilities; and
D. The City desires to assume ownership of Drain 5 and associated easement(s) located in the areas shown in the attached Exhibit “A” for the City’s drainage purposes; and E. The District desires to transfer ownership of Drain 5 to the City, provided District retains the right to maintain a connection between District facilities and Drain 5 sufficient to utilize Drain 5 on an infrequent, as-needed basis for temporary or emergency drainage from District’s Lateral AA; and
F. The transfer of said facilities to the City will enable the City to have full use of Drain 5 upon assumption of responsibility for the operation, maintenance and repair thereof; and ATTACHMENT 1
The District and City consent to such an arrangement upon the terms and conditions set forth in this Agreement.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
1. City agrees:
A. To accept ownership of Drain 5 and associated easement(s) in as-is condition, as shown on Exhibit “A,” attached hereto.
B. To operate, maintain, repair, and replace Drain 5 as needed to satisfy its needs.
C. To continue to operate and maintain Drain 5 as a drainage facility, including providing for the purposes pursuant to the terms and conditions of said Master Storm Drainage Agreement.
D. To provide District the right to maintain a connection between District facilities and Drain 5 sufficient to utilize Drain 5 on an infrequent, as-needed basis for temporary or emergency drainage from District’s Lateral AA.
E. To discharge the District from any further obligation, either by law or otherwise, to operate, maintain, repair, replace or remove Drain 5, except for those segments of Drain 5 that remain an open ditch, pending undergrounding or improvement of those segments of Drain 5.
F. To assume responsibility for and perform any and all plan checking and approvals, as needed, for improvements to Drain 5.
G. To indemnify and hold harmless and release the District, its officers, agents and employees, against and from any and all loss, damage, claims actions, causes of actions, penalties, or costs and expenses of whatsoever nature, including court costs and reasonable attorneys’ fees arising from any claim of obligation of District to provide drainage for any party utilizing Drain 5.
2. In consideration of the City’s obligations and assurances above, District agrees to quitclaim all interest in Drain 5 and associated easement(s) unto City.
A. District makes no warranties of title regarding District’s interest in Drain 5 or ATTACHMENT 1
associated easements to be quitclaimed.
B. Said quitclaim shall be executed immediately prior to Drain 5 being improved as part of the 320 Airport Way Subdivision (APN No. 200-140-026) project.
C. District agrees to continue to maintain those segments of Drain 5 that remain an open ditch, until such time those segments are to be undergrounded or otherwise improved as a result of development of adjacent land or by other requirement of the City.
3. The parties recognize that additional documentation may be required of each of them to complete the transactions described in this Agreement and both agree to deliver such instruments of transfer and other documents as may be reasonably requested by the other party to carry out the purpose and intent of this Agreement.
4. In the event either party commences a legal action to enforce any of the terms and conditions of this Agreement, the prevailing party in said action shall be entitled to recover reasonable attorneys’ fees and costs incurred.
5. This Agreement contains the entire agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements or understandings, oral or written, relating to the subject matter, which are not fully expressed herein.
6. The respective covenants, agreements, obligations and undertakings of each party hereunder shall survive the delivery of all documents transferring District’s interest in Drain 5 and associated easements to the City.
[THIS SPACE INTENTIONALLY LEFT BLANK]
ATTACHMENT 1
WHEREFORE, District and City enter into this Agreement on the day and year first written above.
SOUTH SAN JOAQUIN CITY OF MANTECA
IRRIGATION DISTRICT
By_____________________________ By__________________________ Robert Holmes, President Benjamin J. Cantu, Mayor
Board of Directors
ATTEST: ATTEST:
By_____________________________ By___________________________ Peter M. Rietkerk, Secretary,
Board of Directors
Elizabeth Haglund,
Acting City Clerk
APPROVED AS TO FORM
L. David Nefouse, City Attorney
_____________________________
C. Woolley, Deputy City Attorney
ATTACHMENT 1