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

https://assets.marincounty.gov/marincounty-prod/public/2026-10/SV%20Floodwall%20RTC%2010-15-26%20FINAL.pdf?VersionId=OUhrk.7ICHWB_m.pkO5CF34IN5Afpy2K

 

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.