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1 RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
RECLAMATION DISTRICT 1614
P.O. BOX 4807
STOCKTON, CA 95204-4807
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Documentary Transfer Tax not applicable.
Public agency is Grantee.
__________________________________
Secretary, Reclamation District 1614
EASEMENT DEED
Preamble and Recitals
This Agreement is entered into on __________, 2022 by and between City of Stockton, a Municipal Corporation, hereafter referred to as “Grantor,” and Reclamation District 1614, hereafter referred to as “Grantee.”
A. Grantor is the owner of certain real property situated in the City of Stockton of San Joaquin County, California (hereafter referred to as the “Servient Tenement”), and more particularly described in Exhibit A, which is attached to this Agreement and hereby incorporated by reference.
B. Grantee desires to acquire certain rights in the Servient Tenement.
Grant of Easement
1. For valuable consideration, receipt of which is hereby acknowledged, Grantor grants to Grantee an easement, subject to the terms of this Agreement.
Character of Easement
2. The easement granted in this Agreement is in gross.
Description of Easement
3. The easement granted in this Agreement is an easement for the exclusive power to construct, maintain, operate and otherwise control reclamation works, including the maintenance, operation and control of the levees and bulkheads and other reclamation works, including the right to permit or refuse any and all private uses, including the maintenance, construction or installation of any structure or other work of improvement EXHIBIT 1
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2 which is within the areas of the easement described herein, or which affects any levee, bulkhead or other reclamation work (collectively “reclamation purposes”) on that portion of the artificial waterway commonly known as Smith Canal in the area described by the following boundaries: (1) bounded on the north by a line offset inland (in a northerly direction) ten feet from the toe of the levee along the north bank of said Smith Canal, located along the southerly boundary of the Servient Tenement, (2) bounded on the east by the easterly line of the Servient Tenement; (3) bounded on the west by the westerly line of the Servient Tenement, and (4) bounded on the south by the southerly boundary of the Servient Tenement; together with an easement of ingress and egress to and from such described easement, for personnel and equipment, across the remainder of the Servient Tenement; provided, however, that any private structures which exist as of the date of recordation of this easement which, in the judgment of Grantee, do not substantially adversely affect the physical integrity of the reclamation works are deemed to be permitted by Grantee.
Term
4. The easement granted in this Agreement shall be perpetual.
Nonexclusive Easement
5. Except as specified herein, the easement granted in this Agreement is nonexclusive. Grantor retains the right to make any sue of the Servient Tenement, including the right to grant concurrent easements in the Servient Tenement to third parties, that does not interfere unreasonably with Grantee’s free use and enjoyment of the easement.
Agreement Nonassignable
6. This Agreement shall not be assigned. Any purported assignment of this Agreement or of any interest in this Agreement shall be void and of no effect.
Attorneys’ Fees
7. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys’ fees, costs, and expenses incurred in the action or proceeding by the prevailing party.
Entire Agreement
8. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the above easement. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any EXHIBIT 1
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3 amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee.
Binding Effect
9. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee, except as otherwise provided in this Agreement.
Executed on ___________, 2022.
GRANTOR
City of
Stockton, a Municipal Corporation, dated _________, 2022 B
y:
CITY OF STOCKTON
GRANTEE
KEVIN M. KAUFFMAN
President
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4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of ______________________)
On ____________________, before me, ______________________________________, a Notary Public, personally appeared CITY OF STOCKTON who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of ______________________)
On ____________________, before me, ______________________________________, a Notary Public, personally appeared KEVIN M. KAUFFMAN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
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