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 008-010-006
District County Route P.M. E.A. / Project ID. Program Fed. Ref. Name Parcel 03 YUB 070 15.4 0H160 / 0315000082 SHOPP P070(145) CITY OF
MARYSVILLE
38110-1
,California
,2025
CITY OF MARYSVILLE
Grantor
RIGHT OF WAY CONTRACT - STATE HIGHWAY
This Document No. 38110-1 in the form of a Temporary Construction Easement (TCE) to the State of California, covering the property as delineated on the attached map identified as Exhibit “A”, particularly described in Clause 8 below 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 Parcel No. 38110-1 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
RW 8-3 (Rev. 6/95)
Parcel No. 38110-1
(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 $25,000.00 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. 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
RW 8-3 (Rev. 6/95)
Parcel No. 38110-1
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.
7. It is understood and agreed that the amount payable in Clause 2 above includes compensation in full for the actual possession and use of the TCE, identified as Parcel No. 38110-1, for the period commencing on September 1, 2025, and terminating on December 18, 2028. If said parcel is no longer necessary for construction purposes, this TCE may be terminated prior to the above date by the Grantee upon written notice to the Grantor.
This TCE identified as Parcel No. 38110-1 is needed by the contractor to gain access to the railroad for realignment and work on paths leading to the levee.
Said easement shall be for a period of forty (40) months.
Permission is hereby granted the State or its authorized agent to enter upon Grantor’s land where necessary within the TCE area shown on the map marked Exhibit “A” attached hereto and made a part hereof.
8. 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
RW 8-3 (Rev. 6/95)
Parcel No. 38110-1
9. 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
JIM SCHAAD DATE
City Manager
City of Marysville (Grantor)
RECOMMENDED FOR APPROVAL: ACCEPTED:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
BY BY
PRUBJIT TATLA DATE
Associate Right of Way Agent
Marysville
HARDEEP PANNU DATE
Senior Right of Way Agent
Acquisition, Federal & State Lands
Branch
Marysville
No Obligation Other Than Those Set Forth Herein Will Be Recognized