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 010-054-007
District County Route P.M. E.A. /
Project ID.
Program Fed. Ref. Name Parcel
03 YUB 20 1.3 3J960 /
0323000041
SHOPP N/A CITY OF MARYSVILLE, A
MUNICIPAL
CORPORATION
38798-1
Marysville ,California
, 2025
CITY OF MARYSVILLE, A MUNICIPAL CORPORATION
Grantor
RIGHT OF WAY CONTRACT - STATE HIGHWAY
Document No. 38798-1 in the form of a HIGHWAY EASEMENT 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. 38798-1 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.
(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 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 2 of 4
RW 8-3 (Rev. 6/95) Parcel No. 38798-1
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 $5,000.00 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 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.
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 3 of 4
RW 8-3 (Rev. 6/95) Parcel No. 38798-1
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. 38798- 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. Permission is hereby granted the State or its authorized agent to enter on Grantor’s land, where necessary.
Parcel 38798-1, 1,099 SF of Easement Deed: is required to construct 2 right turn lanes from B Street to 9th Street.
10. It is understood and agreed by and between the parties hereto that payment as provided in Clause 2 includes, but is not limited to, payment for any and all damages which may accrue to the Grantor’s remaining property by reason of its severance from the property conveyed herein and the construction of the proposed highway, including, but not limited to, any expense which may be entailed by the Grantor in restoring the utility of their remaining property.
11. 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.
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT - STATE HIGHWAY Page 4 of 4
RW 8-3 (Rev. 6/95) Parcel No. 38798-1
12. 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 MUNICIPAL CORPORATION
______________________________________
NAME: JIM SCHAAD
Title: City Manager
CITY OF MARYSVILLE, A MUNICIPAL CORPORATION
Grantor
RECOMMENDED FOR APPROVAL: ACCEPTED:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
BY________________________________ BY______________________________________
PRUBJIT TATLA DATE DIEGO ESCUTIA DATE
Associate Right of Way Agent Acting Senior Right of Way Agent Marysville Appraise/Acquire & RAP
Marysville
No Obligation Other Than Those Set Forth Herein Will Be Recognized
RECORDING REQUESTED BY
DEPARTMENT OF TRANSPORTATION
When Recorded Mail Along
With Tax Documents To
North Region Right of Way
703 B Street
Marysville, California 95901
Fee Exempt Gov. Agency
R & T Code: 11922, 11928, 11929
DOCUMENTARY TRANSFER TAX $_____
Calif. Dept. of Transportation_____
Documentary Recording Fee
Exempt Per G.C. 27383 $_____
Space above this line for Recorder’s Use
POR. OF APN 010-054-007
EASEMENT DEED District County Route Postmile Number
HIGHWAY
03 YUB 20 1.3 38798-1
City of Marysville, a municipal corporation organized and existing under and by virtue of the laws of the State of California, hereinafter called GRANTOR, hereby grants to the State of California, Department of Transportation, hereinafter called STATE, an easement for the right of way and incidents thereto for a public highway upon, over and across that real property in the City of Marysville, County of Yuba, State of California, described as follows:
See Exhibit “A”, attached.
Number
38798-1
The GRANTOR hereby further grants to STATE all trees, growths (growing or that may hereinafter grow) and road building materials within the right of way including the right to take water, together with the right to use same in such manner and at such location as the STATE may deem proper, needful or necessary for the construction, reconstruction, improvement or maintenance of the highway.
The GRANTOR, for itself and its successors and assigns, hereby waives any and all claims for damages to GRANTOR's remaining property contiguous to the right of way 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 municipal
corporation
Name: Jim Schaad
Title: City Manager
Number
38798-1
EXHIBIT “A”
PARCEL 38798-1
A portion of Parcel 4 as said parcel is described in that certain document entitled “Certification of Revision to Lot Line Adjustment Approval No. 2005-0018” recorded June 21, 2005, in Document No. 2005R-013941, Official Records, Yuba County Records, said portion being described as follows:
COMMENCING at the most westerly corner of said Parcel 4, being the beginning of a curve to the left, having a radius of 79.99 feet, to which point a radial line bears South 6°10’10” East; THENCE along the westerly line of said Parcel 4 northeasterly along said curve through a central angle of 41°58’46” an arc distance of 58.61 feet to a point thereon, being the POINT OF BEGINNING; THENCE from said point of beginning continuing along said westerly line northeasterly along last said curve through a central angle of 38°24’33” an arc distance of 53.62 feet to a point thereon; THENCE leaving said westerly line North 83°38’40” East 16.19 feet to a point on the westerly right of way line of B Street (State Route 20); THENCE along said westerly right of way line and the northerly right of way line of 9th Street (State Route 20) the following two (2) courses: 1) South 6°26’35” East 1.38 feet to the beginning of a non-tangent curve to the right, having a radius of 64.99 feet, to which point a radial line bears North 83°32’59” East; and 2) southwesterly along said curve through a central angle of 62°29’43” an arc distance of 70.89 feet; THENCE leaving said northerly right of way line North 33°57’18” West 14.73 feet to the point of beginning.
The bearings and distances used in the above description are based on the California Coordinate System of 1983(2011), Zone 2, as determined by ties to the California High Precision Geodetic Network, Epoch 2017.50. Distances are in feet unless otherwise noted. Divide distances by 0.999917 to obtain ground level distances. 12/31/2024
Ronald D. Guenther
7996
This real property description has been prepared by
me, or under my direction, in conformance with the
Professional Land Surveyors’ Act.
Signature
Professional Land Surveyor
Date __________________________ 9-6-2023