RETURN
TO:
Real
Estate Division
Marin
County Dept. of Public Works
P.O.
Box 4186, Civic Center Branch
San
Rafael, CA 94913-4186
Attention: ______________
Project: Santa Venetia Floodwall Project
Address: ___________________, San Rafael
APN: ________________
RIGHT-OF-WAY
CONTRACT
THIS
CONTRACT is made and entered into this ____day of ____________, 202__,
by and between the
MARIN
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
a public district of
the State of California, hereinafter referred to as "DISTRICT,"
and (_____________)
hereinafter referred to as "OWNERS".
W I T N E S S E T H :
RECITALS
A. OWNERS are the owners of that certain
real property situated in unincorporated
area of San Rafael,
County of Marin, State of California and commonly known as
__________________
and also referred to as Assessor's Parcel Number
_________.
B. DISTRICT desires to acquire
____ (____) permanent easement and/or
____
(__) temporary construction/access easement
over a portion of
OWNERS’ property for the DISTRICT’s Santa Venetia
Floodwall Project ("Project")
to permit the
construction, reconstruction, maintenance and use of floodwall improvements on
OWNERS’ property.
The
proposed acquisitions are more particularly described on the Easement Deed
and Temporary
Construction/Access Easement Agreement attached hereto as Exhibits “__" and
“__” and made a part hereof.
C. OWNERS are willing to grant said
permanent and temporary easements and
DISTRICT
agrees to purchase said easements upon the terms and conditions herein.
NOW,
THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows:
1.
OWNERS shall convey the permanent flood control easement described in Exhibit
"B”
and depicted in Exhibit
“C" by depositing in escrow at __________ an Easement Deed
suitable for recordation
upon the following terms and conditions:
a) DISTRICT shall
deposit in escrow the sum of ____________ DOLLARS
($__________)
payable contemporaneously with delivery of said deed as
consideration for all easements,
permanent and temporary, along with all
improvements and landscaping
therein, as identified in Section __(__), subject to the conditions of
subparagraph__.
b) The permanent
easement shall be conveyed to DISTRICT free and clear of all liens and
encumbrances, taxes and assessments, penalties and costs, leases and licenses (recorded
or unrecorded), easements, rights-of-way, bonds and any and all restrictions of
record
other than items numbered
_ through __ in Preliminary
Report No. _________
dated as of ____________ issued by _____________,
attached hereto as Exhibit "__".
c) DISTRICT shall
pay all escrow and recording fees incurred in this transaction
including the cost of title
insurance, if desired by DISTRICT. Evidence of title shall be a standard policy
of title insurance issued by the title company that acts as escrow.
2.
OWNERS shall convey the temporary construction easement (TCE)
as described and
depicted in Exhibits “__”
and “__” by their acceptance and execution of this contract upon
the following terms and
conditions:
a) DISTRICT shall
deposit into escrow the sum stated in paragraph 1.a) as consideration for the
permanent easement, the TCE and all improvements and
landscaping therein, excepting those improvements, if any, specifically noted
herein that will remain or will be restored at the time construction is
completed.
b) OWNERS agree for
the considerations herein to permit and allow DISTRICT, its agents and/or
contractors to enter upon that portion of OWNERS’ property, as
depicted on Exhibit “__” and
further described throughout Exhibit “__” on a
temporary basis until
____________.
Execution of the TCE by the parties hereto shall serve as conveyance of the TCE to the DISTRICT.
Said TCE shall be for ingress/egress, staging of materials and
construction of the project. This permission becomes valid in accordance with section
3 herein
and will expire on
_______________.
3. It
is agreed and confirmed by the parties hereto that
notwithstanding other provisions of
this Contract,
the right of
possession and use of the property by the DISTRICT,
including the right to remove and dispose of landscaping
and improvements within
the permanent easement area
and TCE
area shall commence on the date that DISTRICT’S Board of Supervisors approves
this Contract
and deposit of funds in
escrow controlling this transaction,
or upon close of
escrow,
whichever occurs first,
and the amount
specified in paragraph 1.a) herein includes, full payment for such possession
and use.
4.
OWNER and DISTRICT understand and agree that the following issues will be
addressed during construction
of the project in the manner set forth herein:
a) DISTRICT shall
deliver notice of the construction start date with regard to
OWNER’S property,
not less than 72 hours in advance, in the manner as
prescribed in paragraph 7,
herein.
b) In addition to
the value of the easements, the DISTRICT’s payment,
as set forth in paragraph 1(a) herein, includes compensation to OWNERS for the
following improvements:
a) DISTRICT may at it’s sole discretion remove any or all of the landscaping (if any) within the
permanent easement and TCE areas.
5.
DISTRICT as part of the Project will replace the
following improvements for the
benefit of the property:
______________________________________________________.
Owner
acknowledges and agrees to accept the improvements upon completion of
construction and agrees to be solely responsible for future maintenance of said
improvements.
6. The
parties agree that placement of permanent improvements will not be permitted
within the permanent
easement area.
Damages
that may occur to DISTRICT’S facilities as a result of OWNERS’ actions will be
the liability of the OWNERS.
7. If
this property is secured by a mortgage or deed of trust, OWNERS are responsible
for payment of any demand under authority of said mortgage or deed of trust out
of
OWNERS’
proceeds.
Such
amounts may include, but not be limited to, payments against principal,
processing costs or fees, if any.
Any
demand in excess of the amount set forth in Paragraph 1 shall be the
responsibility of OWNER to resolve with the mortgage or deed of trust holder.
8. Any
notice or demand which either the OWNERS or
DISTRICT desire to serve upon
the other may be served
either personally or by depositing the notice or demand in
the United States Post
Office, postage prepaid, addressed as follows:
OWNERS: __________________
__________________
__________________
DISTRICT: Marin
County Public Works Dept.
Real Estate Division
P.O. Box 4186
San Rafael, CA
94913-4186
Attn: ______________
9. The
parties to this contract agree that the interests to be conveyed by OWNERS do
not consist of the
residence of OWNERS.
Therefore,
OWNERS agree that they are not eligible to receive relocation assistance or
benefits under the Uniform Relocation Assistance Act.
10.
Real Estate commissions will not be paid by DISTRICT under this contract.
11.
DISTRICT agrees to indemnify and hold harmless OWNERS from any liability
arising out of DISTRICT'S
operations under this Contract, except to the extent
arising out of the
negligent acts or omissions, willful misconduct or illegal acts of
OWNERS,
its successors or agents.
DISTRICT
further agrees to assume responsibility for any damages proximately caused by
reason of DISTRICT'S operations under this Contract and DISTRICT will, at its
option, either repair or pay for such damage.
12. It
is agreed that it is not the intent of the DISTRICT to file this Agreement with
the
Marin
County Recorder’s Office.
The
Easement Deed, Exhibit “__”, conveying the permanent easement will be filed for
record in the Marin County Recorder’s Office as described in section 1.
13.
This Contract shall be binding upon and inure to the benefit of each of the
parties
hereto and to their
respective successors and assigns.
14.
The parties to this contract shall, pursuant to 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. Parts
21 and 28 C.F.R. Section
50.3.
15. 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
contract.
16.
The parties have set forth the whole of their agreement herein.
The
performance of this Contract constitutes the entire agreement for the
conveyance to DISTRICT of said interests in real property and shall relieve
DISTRICT of all further obligations or claims on this account or on account of
the location, grade or construction of the proposed public improvement.
OWNERS,
or OWNERS’ representatives, have examined the draft plans showing the location
and the proposed manner of construction of the DISTRICT improvement for which
the property interests referred to herein are conveyed, attached hereto as
Exhibit “H” and made a part hereof.
Said
draft plans have been reviewed by OWNERS or OWNERS’ representatives
with a representative of
DISTRICT and OWNERS acknowledge that a full and
complete explanation of the
draft plans has been provided.
SIGNATURE
PAGE
MARIN
COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
_____________________________
____________________,
__________
_________________________
Approved
as to form.
ATTEST:
___________________________ _______________________
District
Counsel Deputy
Clerk
OWNERS:
By:
________________________ Date: ___________________
FLOODWAL Reply to Comments
2-026
Page 101 of 207 K6: -- the proposed floodwall’s design height of
11 feet --- the Project would be designed to enable
raising the floodwall to 12 feet elevation, without replacing the entire
structure.
164 :- The new floodwall
would be installed at a rate of about 100 lineal feet per workday, requiring
approximately 90-120 workdays to complete.
Work
would commence in early May and would be completed by the end of October,
requiring one construction season to finish installation.
Any
work after October 15, or after the commencement of fall rains,
may be subject to
permit conditions such as
installation of erosion controls
imposed by California
Department of Fish and Wildlife or other agencies.