RECORDING REQUESTED BY:
City of Manteca
WHEN RECORDED MAIL TO:
City of Manteca
Attn: City Clerk
1001 W. Center Street
Manteca, CA 95337
This instrument is being recorded for
the benefit of the City of Manteca and
is exempt from Recording Fees, Filing
Fees and Documentary Transfer Tax.
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
GRANT DEED
APN: 224-050-19 PARTIAL
The undersigned grantor(s) declare(s):
City Transfer Tax is $0
County Transfer Tax is $0
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale, ( ) Unincorporated area: ( X ) City of Manteca , and
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, George Henry Veldstra, Trustee of the George Veldstra Survivor's Trust, under the Veldstra Family Trust, U/A/D 06/29/90, as amended, as to an undivided 1/2 interest, and George Henry Veldstra, Trustee of the Henrietta Veldstra GST Exempt Bypass Trust, under the Veldstra Family Trust, U/A/D 06/29/90, as amended, as to an undivided 1/2 interest
hereby GRANT(s) to
City of Manteca, a Municipal Corporation
the following described real property in the City of Manteca, County of San Joaquin, State of California:
SEE EXHIBIT 11A" & "B" ATTACHED HERETO AND MADE A PART HEREOF.
By ,.,,-'
George Hen Velds ra, Tru ee of the George
Veldstra Survivors Trust, IJflder the Veldstra
Family Trust, U/A/D 06/29/90, as amended, as to
an undivided ½ interest
By .I
GeorgeHenryeldstra, T� of the Henrietta
Veldstra GST Exempt Bypass Trust, under the
Veldstra Family Trust, U/A/0 06/29/90, as
amended, as to an undivided ½ interest
ATTACHMENT 4
PARCEL 17199-1:
EXHIBIT "A"
LEGAL DESCRIPTION
All that real property situate in Section 10, Township 2 South, Range 7 East, M.D.M., City of Manteca, County of San Joaquin, State of California, being a portion of the land described in that certain GRANT DEED recorded December 30, 2016 as Document Number 2016-166673, Official Records of San Joaquin County, more particularly described as follows:
Beginning at a point on the westerly Right of Way line of Austin Road (60 feet wide), as shown on RECORD OF SURVEY, filed December 9, 1997 in Book 34 of Surveys at Page 8, San Joaquin County Records, also being a point on the easterly line of said GRANT DEED, which bears North 27°52'06" West, 66.04 from a found 2" Brass Disk at the Section Comer common to Sections 10,11,14 and 15, as shown on said RECORD OF SURVEY; thence leaving said easterly line, South 89°09'06" West, 9.31 feet; thence North 05°25'20" West, 142.59 feet; thence North 02°52' 19" West, 150.54 feet; thence North 01 °59'39" West, 250.16 feet; thence North 02°01 '01" West, 147.29 feet to the beginning of a non-tangent curve concave southwesterly, having a radius of 100.00 feet and a radial bearing of North 87°58' 53" East; thence northwesterly along said non-tangent curve, through a central angle of 88°5 l '35" and an arc distance of 155.09 feet; thence South 89°07' 18" West, 156.86 feet; thence North 84° 19'00" West, 102.97 feet to the beginning of a non-tangent curve concave southerly, having a radius of970.00 feet and a radial bearing of North 03°07'25" West; thence westerly along said non-tangent curve through a central angle of 12°48'34" and an arc distance of216.86 feet; thence South 74°04'01" West, 59.44 feet; thence South 71 °55'59" West, 269.05 feet to the beginning of a tangent curve concave northerly, having a radius of 1030.00 feet; thence westerly through a central angle of 04°46' 50" and an arc distance of 85.94 feet to a point on the westerly line of said GRANT DEED; thence continuing along said tangent curve through a central angle of 13°59'47" and an arc distance of 251.61 feet to the southerly line of that certain QUITCLAIM DEED, recorded May 17, 2005, as Document Number 2005-119143, Official Records of San Joaquin County; thence along said southerly line, North 89° 17 '24" West, 1364.37 feet to the southwest comer of said QUITCLAIM DEED; thence ATTACHMENT 4
leaving said southerly line and along the westerly line of said QUITCLAIM DEED, North 00°42' 55" West, 649.13 feet to the northwest comer of said QUITCLAIM DEED; thence leaving last said westerly line and along the northerly line of said QUITCLAIM DEED, South 88°58'56" East, 54.02 feet to a line parallel with and lying 54.00 feet easterly of said westerly line; thence leaving said northerly line and along said parallel line, South 00°42'55" East, 468.03 feet to the beginning of a tangent curve, concave northeasterly having a radius of 80.00 feet; thence southeasterly along said tangent curve through a central angle of 87°20'39" and an arc distance of 121. 96 feet to the beginning of a reverse curve, concave southerly having a radius ofl 043.00 feet; thence easterly along said reverse curve through a central angle of 07°56' 13" and an arc distance of 144.48 feet; thence South 80°07'2 I" East, 27.96 feet to the beginning of a tangent curve, concave northerly having a radius of 957.00 feet; thence easterly along said tangent curve through a central angle of 09° 1 O' 13" and an arc distance of 153 .17 feet; thence South 83°34' 45" East, 130.65 feet to a line parallel with and lying 60.00 feet northerly of said southerly line; thence along said parallel line, South 89° 17'24" East, 782. 70 feet to the beginning of a tangent curve, concave northerly having a radius of970.00 feet; thence easterly along said tangent curve through a central angle of 18°46'38" and an arc distance of 317.89 feet; thence North 71 °55'59" East, 8.20 feet to a point on said westerly line of said GRANT DEED; thence leaving last said westerly line and continuing , North 71°55'59" East, 321.40 feet to the beginning of a tangent curve, concave southerly having a radius of 1030.00 feet; thence easterly along said tangent curve through a central angle of 17° 1 l '19" and an arc length of 309.00 feet; thence North 89°07' 18" East, 149.50 feet to the beginning of a tangent curve, concave northwesterly having a radius of 100.00 feet; thence northeasterly along said tangent curve through a central angle of 97° 12'27" and an arc of 169.66 feet; thence North 08°05'09" West, 35.94 feet to a point on the northerly line of said GRANT DEED; thence along last said northerly line, the following two (2) courses:
1. North 75°50'26" East, 35.98 feet, and
2. North 83°51 '46" East, 41.12 feet to the northwest comer of said GRANT DEED, also being a point on said westerly Right of Way line of Austin Road, which bears South 00° 15'25" West, 1555.46 feet from a found 3-1/2" Brass Disk on the East Quarter Comer of said Section 10, as shown on RECORD OF SURVEY, filed April 2, 2014 in Book 38 of Surveys, at Page 74 San Joaquin County Records
ATTACHMENT 4
thence leaving last said northerly line and along last said easterly line, South 00°50'54" East, 1033.22 feet to the Point of Beginning.
TOGETHER WITH underlying fee interest, if any, contiguous to the above-described property in and to the adjoining public way of said Austin Road (60 feet wide).
EXCEPTING THEREFROM all of that portion lying within said QUITCLAIM DEED, recorded May 17, 2005, as Document Number 2005-119143, Official Records of San Joaquin County.
Bearings shown on this Survey are based on the California Coordinate System 1983 (2011 ), Zone 3, EPOCH 2010.00. Multiply U.S. Survey foot distances shown by 1.000097 to obtain ground distances.
This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act.
June 8, 2021
Date
ATTACHMENT 4
LEGEND
POB POINT OF BEGINNING
OR OFFICIAL RECORDS
PM PARCEL MAP
RS RECORD OF SURVEY
(R) RADIAL BEARING
:.: FOUND MONUMENT AS NOTED
o DIMENSION POINT
� PARCEL TO BE TRANSFERRED
PORTION OF SECTION 10,
T2S, R?E M.D.M. � 11
J-1/2" BRASS DISK J
EAST QUARTER CORNER � !
f;j- OF SECnON 10
� /� PER 38 RS 74 .�1·'--
Ct) • .t-- . <o
c:,JJ it:? ·"
;r-r----------7i----------l'
SEE DETAIL HBH
ONSHEET3 1-- - sEE oE�iL·w· - - - :
I
ONSHEET2 Q
I =--, 771 -
I - ............... </ Q::
� t.;;;:
-------- � I
LDSTRA FAMILY I
TRUST I
ARI: 221-1150-l9 I A ff.iTKJI fT I
, ---- /XX/
201!:;!!fJ_ =-=-=
�
10 'J.." 11
2" BRASS DISK�
CORNER COMMON TO 15 14
SECTIONS 10,11,14 & 15
BEARINGS SHOWN ON THIS SURVEY ARE
BASED ON THE CALIFORNIA COORDINATE
SYSTEM 1983 (2011), ZONE 3, EPOCH
2010.00. MULTIPLY US SURVEY FOOT
DISTANCES SHOWN BY 1.000097 TO
OBTAIN GROUND DISTANCES.
PER 34 RS 8
0 250 500 1000
ol :::l:H::::11'-C: :::l l:: :: =: ==3 1 Feet
SCALE 1" = 500'
Scale: 1 " = 500'
Date June 2021
Drawn By AD
Checked B RPM
Exhibit B
PARCEL# 17199-1
APN 224-050-19
Plat to Accompany Legal Description
In the City of Manteca
San Joaquin County, California
SHEET1 OF4
ATTACHMENT 4
SEE SHEET 1 FOR BASIS
OF BEARINGS AND LEGEND.
SEE SHEET 4 FOR CURVE
AND LINE TABLE.
PORTION OF SECTION 10,
T2S, R7E M.D.M.
15' SOUTH SAN JOAQUIN
/RR/GA TION DISTRICT
PIPELINE EASEMENT PER
DETAIL'�" SCALE: 1'=200' 3368 OR 577
I - - - - - - - -D-OC-
'#
-
20-11-- 00-44- 52-
25' SOUTH SAN JOAQUIN
IIRRIGA TION DISTRICT EASEMENT NORTHERLY LIN£ L21
PER 3185 OR 571 & OF DOC# 2016-166673
I DOC# 2001-182352
I APII: 22l-050-17 D«/ 2005-/1911}
I SEE DETAIL "
1 -
N03"07'25"W /Rl' N87"58'53"E (R
10 � 11
2: � 3-1 /2" BRASS
� -� DISK . !'-- EAST QUARTER
!!?/(() CORNER OF
b · ": SECTION 10
l/2 PER 38 RS 74
22 if i
I
I
I
I
I
I
I VELDSTRA FAMILY
TRUST
JPN: 221-05IH9
A f'(JllKJ/ (F
DIX/ 2016-16667}
WESTERL y RIGHT OF -----t� ..J
I
� I WAY OF AUSTIN ROAD � Q:I
DETAIL "C"
SCALE: 1 '=50'
21/Ac
1/l,JJ5f sf
I ®)
L
____________ _
0 100 200 400
I E3 j j Feet
SCALE 1" = 200'
■■
MA■ll lHONAI
2" BRASS DISK
CORNER COMMON TO
SECTIONS 10,11,14 & 15
PER 34 RS 8
Exhibit B
PARCEL# 17199-1
APN 224-050-19
Scale: 1" = 200'
Date June 2021
Drawn By AD
Checked B RPM
Plat to Accompany Legal Description
In the City of Manteca
San Joaquin County, California
ll '
,
I I
I POB
15 14
N27"52'06" W
66. 04' {TIE)
SHEET20F4
ATTACHMENT 4
SEE SHEET 1 FOR BASIS
OF BEARINGS AND LEGEND.
SEE SHEET 4 FOR CURVE
AND LINE TABLE.
PORTION OF SECTION 10,
T2S, R?E M.D.M.
DETAIL "B" SCALE: 1 '=250'
---------------7
PARCEL B I
,
12 PM 200
I
l n---------- -------
1 �
NORTHERLY LINE OF
DOC# 2005-119143
54' APN: 221-IJ!i0-11 I fXC/ 2fKJ5-11911J
Q
, - -J
I L14
PROPOSED RIGHT OF WAY
BY SEPARA T£ DOCUMENT
I)... 1:ct'\I
�
L15 L16 CB � liJ I
y---------.---------.. ---- - -
Q
I
L10
C4 I
SOUTHERLY LINE OF
5 RS 308 5 RS 308 I
PARCEL 1 PARCEL 3 DOC# 2005-11914Jjj
L
____ --------- _J
0 125 250 500
I E3 I jFeet
SCALE 1" = 250'
Exhibit B
PARCEL# 17199-1
APN 224-050-19
Scale: 1" = 250'
Date June 2021
Drawn By AD
Checked B RPM
Plat to Accompany Legal Description
In the City of Manteca
San Joaquin County, California
SHEET30F4
ATTACHMENT 4
.
......
■■
NAIKTNONAI
UNE TABLE
Lt S89.09'06"W 9. 31'
L2 N05'25'20"W 142.59'
L3 N02"52'19"W 150.54'
L4 NOT •59•39"w 250.16'
L5 No2·01'01"w 147.29'
L6 S89 •o 7'1 B"W 156. 86'
L7 N84.19'00"W 102.97'
LB 574•04•01 "w 59.44'
L9 S71"55'59"W 269.05'
L10 N89.17'24"W 1364.37'
L 11 N00"42'55"W 649. 1 J'
L12 S88.58'56"£ 54.02'
L13 s00•42'ss"E 468.03'
L14 S80"07'21"£ 27.96'
L15 S83"34'45"£ 130.65'
u6 sa9·11•24"£ 782. 10·
L17 N71 "55'59"£ 8.20'
L18 N71 •55'59"£ 321.40'
L19 N89"07'18"£ 149.50'
L20 N08'05'09"W JS. 94'
CURVE TABLE
R=100.00'
C1 '1=088.51 '35"
L=155.09'
R=970.00'
C2 '1=012"48'34"
L=216.86'
R= 1030. oo·
C3 '1=004 •46'50"
L=B5.94'
R=1030.00'
C4 '1=013"59'47"
L=251.61'
R=B0.00'
cs '1=087·20'39"
L=121.96'
R=104J.OO'
C6 '1=007"56'13"
L=144.48'
R=957.00'
Cl /J=009'10'1J"
L=153.17'
R=970.00'
CB '1=018"46'38"
L=317.89'
R=1030.00'
C9 '1=017"11 '19 II
L=J09.00'
. R=100.00'
L21 N75'50'26"£ 35.98'
C10 '1=097"12'27"
L=1'69.66'
L22 N8J'51'46"E 41.12'
L23 S00'50'54"£ 1033.22'
Exhibit B
PARCEL# 17199-1
APN 224-050-19
Scale: Not To Scale Plat to Accompany Legal Description Date June 2021 In the City of Manteca
Drawn By AD San Joaquin County, California
Checked By RPM
SHEET4 OF4
ATTACHMENT 4
CALlrORN!A ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
.....-----------------=====-------------,---,_-_- __ -_-_-_-_- ---
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 Sc. v ----So % u , VI
On (l. I Z Z ( 2 a 2 I before me, -�J'-f...._l"'_CJ_vr_e __ c_. _(_ _,-1._+_tt-_:1 ___ ),V_d_t--<;_ ..... ,_, Date Here Insert Name and ntle of the Officer
personally appeared __ @_--r_c_.,,.9--,...a,.(..... _1_-\: ..... e ..... V\ ........ (Y_,__\J_i:_\ ___ d._.s_.\._v __ 5 ____________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person{s)_ whose name(� @/are subscribed to the within instrument and ackno�1tdged to me that @Vs!Wthey executed the same in ®,Yrter/their authorized capacity(�). and that byt!.§lh'eYtl,ejr signature($) on the instrument the person(s_l, or the entity upon behalf of which the person(s}.acted, executed the instrument. ,.-e • a e
r:o!E; H MT7 £Y• e f
; Notary Public• C•llfarni&
• • San Jo•quin County I
•
Commission I 2317171 -
' • My Comm, Explr.s Jan 6, 2024
Place Notary Sea/ Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
---------------OPTIONAL--------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to �n unintended document.
Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer{s) Other Than Named Above: ___________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _
D Corporate Officer - Title(s): ______ _
D Partner - D Limited D General
D Individual □ Attorney in Fact
D Trustee □ Guardian or Conservator
0 Other: ______________ _
Signer Is Representing: _________ _
Signer's Name: ___________ _
D Corporate Officer - Title(s): ______ _
D Partner :- □ Limited D General
□ Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other: _____________ _
Signer Is Representing: ________ _
m.�m�m�-g;.���.,;;<;..-.;c,y,.g;.'!i<(,'!
©2014 National Notary Association· www.NationalNotary.org • 1-800�US NOTARY (1·800-876-6827} Item #5907 ATTACHMENT 4
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT-STATE HIGHWAY
Document No. 17199-1 & 17199-01-01
RW 8-3 (Rev. 6/1995) Fed. Prod. No. NIA
DISTRICT COUNTY ROUTE POSTMILE EXPAUTH
10 SJ 99 4.877 I E740/1016000038
San Joaquin County
DATE l?.-t3-1.\
George Henry Veldstra, Trustee of the George Veldstra Survivors Trust, under the Veldstra Family Trust, U/ND 06/29/90, as amended, as to an undivided½ interest, and George Henry Veldstra, Trustee of the Henrietta Veldstra GST Exempt Bypass Trust, under the Veldstra Family Trust, U/A/D 06/29/90, as amended, as to an undivided½ interest
17199-01-01
Document No(s).17199-1 in the form of GRANT DEED covering the property particularly described in the above instruments, have been executed and delivered to NICHOLAS ELLIOTT, Right of Way Agent for the State of California.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement. The performance ofthis agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement.
(B) Grantee requires said property described in Document No. 17199-1 (FEE), 17199-01-01 (Excess Land) for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor(s) is compelled to sell, and Grantee is compelled to acquire the property.
Both Grantor(s) and Grantee recognize the expense, time, effort, and risk to both parties in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation.
2. The State shall:
(A) Pay the undersigned Grantor(s) the sum of $312,000.00 for the property or interest conveyed by the above docurnent(s) when title to said property vests in the State free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or wrrecorded) and taxes, except:
a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced document.
c. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any.
ATTACHMENT 4
,STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT-STATE HIGHWAY
RW 8-3 (Rev. 6/1995)
Document No. 17199-1 & 17199-01-01
Page2 of 6
Fed. Prod. No. N/A
d. Rights of the public and of the County of San Joaquin, as to that portion of the herein described property lying within Austin Road, a public road.
e. An easement over said land for drainag e and incidental purposes, as conveyed to South San Joaquin Irrigation District, in the document recorded September 20, 1945, (book) 941 (page) 412, Official Records.
Affects: As described therein
No representation is made as to the current ownership of said easement. f. An easement over said land for pipelines and incidental purposes, as granted to south San Joaquin Irrigation District, in the document recorded February 2, 1970, (book) 3368 (page) 573, Official Records.
Affects: As described therein
No representation is made as to the current ownership of said easement. g. Oil, Gas and Mineral Lease, by and between George H. Veldstra and Henrietta Veldstra, as Lessor, and Central California Oil Co., as Lessee, and on the terms and conditions contained therein recorded August 16, 1978, as (book) 4534 (page) 593, Official Records.
The Present ownership of the leasehold created by said lease and other matters affecting the interest of lessee are not shown herein.
h. An agreement pursuant to the California Land Conservation Act of 1965, placing the herein described property within Agricultural Preserve No. A 93-344, executed by the County of San Joaquin and George Henry Veldstra and Henrietta, trustees of the Veldstra Family Trust under agreement dated June 29, 1990, as amended, recorded April 30, 1993, (instrument) 93051681, Official Records
1. The terms, conditions, provisions and stipulations as contained in the agreement entitled "South San Joaquin Irrigation District Irrigation Service Abandonment Agreement:, by and between South San Joaquin Irrigation District, and George H. & Henrietta Veldstra, recorded June 19, 1996, (instrument) 96064081, Official Records ..
J. The terms, conditions, provisions and stipulations as contained in the agreement entitled "Irrigation Service Abandonment Agreement", by and between South San Joaquin Irrigation District, and George H. & Henrietta Veldstra, recorded May 28, 2004, (instrument) 2004-118056, Official Records.
k. Any right, interest of claim that may exist, arise or be asserted against the Title under or pursuant to the Perishable Agricultural Commodities Act of 1930, as amended, 7 USC 499a et seq., the Packers and Stockyard Act of 1921, as amended, 7 USC 181 et. Seq., or any similar state laws. (B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the State, the premium charged therefor. Said escrow and recording charges shall not, however, include documentary transfer tax.
ATTACHMENT 4
,STATE OF CALIFORNIA· DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT-STATE HIGHWAY
RW 8-3 (Rev. 6/1995)
Document No. 17199-1 & 17199-01-01
Pagel of6
Fed. Prod. No. NIA
{C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid nondelinquent assessments which have become a lien at the close of escrow.
3. This transaction will be handled through Escrow No. P-372368, dated 2-12-2020, with Placer Title Company, located at 9085 Foothills Blvd. Roseville, CA 95747.
4. Any or all moneys payable under this Contract, up to and including the total amount of unpaid principal and interest on note{s) secured by mortgage(s) and deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions or said trust deed(s) or mortgage(s) shall, upon demand(s) be made payable to the mortgagee(s) or beneficiary( s) entitled there under; said mortgagee( s) or beneficiary( s) to furnish Grantor(s) with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust.
· 5. Grantor(s) warrant(s) that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the Grantor(s) further agree(s) to hold the State harmless and reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor(s) for a period exceeding one month. Grantor(s) agree(s) to provide at time of escrow a signed Quitclaim Deed from any existing lessee of any lease longer than month to month.
6. The undersigned Grantor(s) hereby agree(s) and consent(s) to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and also waive(s) any and all claims to any money that may now be on deposit in said action.
7. It is agreed between the parties hereto that the State is not assuming responsibility for payment or cancellation of any assessments. Assessments remain the obligation of the Grantor( s ), and payment for the property acquired under this transaction is made upon the basis that the Grantor(s) retain(s) his (their) obligation to the levying body respecting any assessments.
8. Any and all monies payable under this contract, subject to the demands made by superior lienholders, up to and including the total amount due on financing statements, if any, shall, upon demand, be made payable to the holder thereof, said holder to furnish debtor with good and sufficient receipt showing said monies credited against the indebtedness secured by said Financing Statement.
9. At no expense to the Grantor(s) and at the time of highway construction, State shall perform the following work:
• CCW is pending. The location of a potential driveway apron on Betschart Drive or S. Austin Road was discussed with the grantor, but no decision has been made. Once the grantor finalizes whether he wants a driveway apron and, if so, where, CCW will be updated accordingly . •
10. Permission is hereby granted to State or its authorized agent to enter upon Grantor's property, where necessary, to perform the above construction work.
Grantor(s) understand(s) and agree(s) that after completion of the work described in Clause 9, said facilities will be considered as Grantor's sole property and Grantor(s) will be responsible for their maintenance and repair.
ATTACHMENT 4
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT-STATE HIGHWAY
RW 8-3 (Rev. 6/1995)
Document No. 17199-1 & 17199-01-01
Fed. Prod. No. N/A
11. It is understood and agreed by and between the parties hereto, that payment in Clause 2( A) above includes, but is not limited to, payment for the following items, which are part of the realty and are being acquired by the State in this transaction:
• NIA
12. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2(A) above is payment in full to compensate Gran tor(s) for the expense of performing the following work:
• Re-establish Well
• Re-establish submersible pump
• Re-establish electrical hookup
• Re-establish sprinklers
13. In consideration of the State's waiving any defects and imperfections in all matters of record title, the undersigned Grantor(s) covenant(s) and agree(s) to indemnify an d hold the State of California harm less from any an d all claims that other parties may make or assert on the title to the premises. The Gran tors' obligation herein to indemnify the State shall not exceed the am ount paid to the Gran tor(s) under this Contract.
14. The acquisition price of the property being acquired in this transaction reflects the fair market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the State may elect to recover its cleanup costs from those who caused or contributed to the contamination.
15. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements, shall commence upon deposit into escrow, the amount shown in Clause 2(A), or the close of escrow controlling this transaction, whichever occurs first, and that the amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including dam ages, if any from said date.
16. For properties being acquired by the State generally between July 1 and November 1, it is agreed between the parties hereto that the State, in acquiring title subject to unpaid non-delinquent property taxes for the current tax year, is not assuming responsibility for payment of such taxes. Grantor(s) will be responsible for payment of the first installment of the current tax year taxes when due. State will notify the County Tax Collector of the purchase of property by State an d request a cancellation of taxes as of the date of close of escrow. Thereafter, Grantor(s) may apply to Tax Collector for a refund or tax adjustment.
17. It is understood and agreed by and between the parties hereto, that escrow will close an d payment will be made to the Grantor(s) after execution of this Right of Way Contract unless the current economic conditions of the State Budget necessitate that payment be deferred or the Contract cancelled.
18. The Parties to this Contract shall, pursuant Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT- Non-Discrimination Assuran ce requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 an 28 C.F.R. Section 50.3." ATTACHMENT 4
, STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT -STATE HIGHWAY
RW 8-3 (Rev. 6/1995)
Document No. 17199-1 & 17199-01-01
Page5of6
Fed. Prod. No. N/A
19. No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject to of this contract."
In Witness Whereof, the Parties have executed this agreement the day and year first above written.
Grantors(s): George Henry Veldstra, Trustee of the George Veldstra Survivors Trust, under the Veldstra Family Trust, U/A/D 06/29/90, as amended, as to an undivided½ interest, and George Henry Veldstra, Trustee of the Henrietta Veldstra GST Exempt Bypass Trust, under the Veldstra Family Trust, U/A/D 06/29/90. As amended, as to an undivided½ interest.
ATTACHMENT 4
STATE OF CALIFORNIA· DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT-STATE HIGHWAY
RW 8-3 (Rev. 6/1995) vfP4; By___,,,,c,_.......;: - ra.....,€-- -4-- - - George Henry Vel , Trustee
Veldstra Survivors Trust, under e Veldstra Family
Trust, U/ AID 06129/90, as amended, as to an
undivided ½ interest
By c) bt
George}kfll)' Vdstra, Trus:ofthe Henrietta
Veldstra GST Exempt Bypass Trust, under the Veldstra
Family Trust, U/ AID 06/29/90, as amended, as to an
undivided ½ interest
Recommended for Approval:
By1J/H,
NICHOLAS B. ELLIOTT
Right of Way Agent
By
NANCYMAZ
·;new 0
Acquisition rn: - Stockton Office
Central Region Right of Way
Document No. 17199•1 & 17199-01-01
Fed. Prod. No. NIA
Dated ------------- / j ----i!J ., ,V
Dated ·-------------
Approved:
STATE OF CALIFORNIA
Department of Transportation
By __ - ----------
JAMES D. GONZALEZ
Assistant Central Region Chief
Right of Way
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED ADA Notice For individuals with sensozy disabilities, this document is available in alternate formats. For infonnation call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
ATTACHMENT 4