STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION CONFIDENTIAL This document contains personal information, and
pursuant to Civil Code 1798.21, it shall be kept
confidential in order to protect against
unauthorized disclosure.
RIGHT OF WAY CONTRACT
STATE HIGHWAY
RW 8-3 (Rev. 6/95)
APN 009-152-001
District County Route P.M. E.A. / Project ID. Program Fed. Ref. Name Parcel 03 YUB 070 14.9 0H160 / 0315000082 SHOPP P070(145) CITY OF
MARYSVILLE, A
CALIFORNIA
MUNICIPAL
CORPORATION
37855-1
,California
,2025
CITY OF MARYSVILLE, A CALIFORNIA MUNICIPAL CORPORATION
Grantor
RIGHT OF WAY CONTRACT - STATE HIGHWAY
Document No. 37855-1 in the form of a GRANT DEED to the State of California, covering the property particularly described in the above instrument, covering the property as delineated on the attached map identified as Exhibit “A”, has been executed and delivered to PRUBJIT TATLA, Associate 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 of this 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 as Document No. 37855-1 for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain.
(C) Both Grantor 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.
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 2 of 4
RW 8-3 (Rev. 6/95) Parcel No. 37855-1
(D) The parties to this agreement 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 Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3.
(E) 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 of this agreement.
2. The State shall pay the undersigned Grantor the sum of $20,000.00 for the property rights conveyed in this transaction.
3. The State shall pay all escrow and recording fees, interest, notary fees, and related miscellaneous expenses incurred in this transaction, and if title insurance is desired by the state, the premium charged, therefore. Said escrow and recording charges shall not, however, include documentary transfer taxes (as State is exempt from such taxes). This transaction shall be handled through an internal escrow by the State of California, Department of Transportation, District 03, 703 B Street, Marysville, California, 95901.
4. The State agrees to assume responsibility for all escrow and recording fees and shall act as its own escrow agent. A reasonable period shall be established for the recording of the grant deeds, with the City to be compensated accordingly.
It is further acknowledged that, from the date the signed contracts are received, the State may require up to forty-five (45) days and remit payment to the City of Marysville.
5. It is understood and agreed by and between the parties, hereto that this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, successors, and assignees.
6. State shall take title subject to all matters recorded and/or unrecorded.
7. Grantor warrants 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 agrees to hold State harmless and reimburse 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 for a period exceeding one month. Grantor acknowledges that a waiver STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 3 of 4
RW 8-3 (Rev. 6/95) Parcel No. 37855-1
will be required from any lessee that has a lease term exceeding one month.
Said waiver is to be provided prior to the close of escrow.
8. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Parcel No. 37855-1 by the State, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause 2 herein are paid to the Grantor. The amount shown in Clause 2 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.
9. All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the State, shall be left in as good condition as found.
THIS AREA LEFT INTENTIONALLY BLANK
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 4 of 4
RW 8-3 (Rev. 6/95) Parcel No. 37855-1
10. State agrees to indemnify and hold harmless Grantor from any liability arising out of State’s operations under this agreement. State further agrees to assume responsibility for any damages proximately caused by reason of State’s operations under this agreement and State will, at its option, either repair or pay for such damage.
In Witness Whereof, the Parties have executed this agreement the day and year first above written
AS VESTED
CITY OF MARYSVILLE, A CALIFORNIA MUNICIPAL
CORPORATION
______________________________________
JIM SCHAAD DATE
City Manager
City of Marysville (Grantor)
RECOMMENDED FOR APPROVAL: ACCEPTED:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
BY________________________________ BY______________________________________
PRUBJIT TATLA DATE HARDEEP PANNU DATE
Associate Right of Way Agent Senior Right of Way Agent
Marysville Acquisition & State Lands
Marysville
No Obligation Other Than Those Set Forth Herein Will Be Recognized
RECORDING REQUESTED BY
DEPARTMENT OF TRANSPORTATION
When Recorded Mail Deed & Applicable Tax
Documents to:
California Department of Transportation
North Region Right of Way
703 B Street, Marysville, California 95901
Fee Exempt Gov. Agency
R & T Code: 11922
DOCUMENTARY TRANSFER TAX $0
Calif. Dept. of Transportation
Documentary Recording Fee
Exempt Per G.C. 27383 $0
Space above this line for Recorder’s Use
APN 009-152-009
37855-1 JACKET.docx 3/2015
GRANT DEED
District County Route Postmile Number
03 YUB 70 14.8 37855-1
City of Marysville, a California Municipal Corporation, hereinafter called GRANTOR, hereby grants to the State of California, Department of Transportation, hereinafter called STATE, all that real property in the City of Marysville, County of Yuba, State of California, described as follows:
See Exhibit “A”, attached.
Number
37855-1
37855-1 JACKET.docx 3/2015
The GRANTOR further understands that the present intention of the STATE is to construct and maintain a public highway on the lands hereby conveyed in fee and the GRANTOR, for itself and its successors and assigns, hereby waives any claim for any and all damages to GRANTOR's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of the highway.
This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation.
Dated By
Director of Transportation
By
Attorney in Fact
Dated:
City of Marysville, a California
Municipal Corporation
By
Name:
Title:
Number
37855-1
EXHIBIT “A”
PARCEL 37855-1
Parcel D as said parcel is described in that certain Grant Deed recorded July 10, 2025, in Document No. 2025-007642, of Official Records, Yuba County Records, being portions of Lots 1, 2, 3 and 4 of Block 14 of Range B as shown upon the Official Map of the City of Marysville, approved March 22, 1856, filed in the office of the Yuba County Recorder, said portions being described as follows:
BEGINNING at a point on the easterly right of way line of B Street (also known as State Route 70), 80 feet wide, as shown on said Official Map, said point bears South 6°26’17” East 266.51 feet from the intersection of said easterly right of way line with the southerly right of way line of 14th Street, 80 feet wide, as shown on said Official Map; THENCE along said easterly right of way line North 6°26’17” West 266.51 feet to said point of intersection with said southerly right of way line; THENCE along said southerly right of way line North 83°48’14” East 17.34 feet to a point thereon; THENCE leaving said southerly right of way line South 38°50’50” West 14.92 feet; THENCE South 5°58’28” East 65.12 feet; THENCE South 4°48’33” East 190.91 feet; THENCE South 84°01’32” West 0.78 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 streets.
The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 2, as determined by ties to the California High Precision Geodetic Network, Epoch 2004.69. Distances are in feet unless otherwise noted. Divide distances by 0.999917 to obtain ground level distances. 12/31/2026
Ronald D. Guenther
7996
Signature
Professional Land Surveyor
Date __________________________
This real property description has been prepared by
me, or under my direction, in conformance with the
Professional Land Surveyors’ Act.