AGENDA PROPERTY MANAGEMENT COMMITTEE MEETING ...

STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATIONRIGHT OF WAY CONTRACT-STATE HIGHWAYRW 8-4 (Rev. 6/95)Fountain Valley,Orange County Water District,a public corporationCalifornia, 2013GrantorsDISTRICT COUNTY ROUTE POST MILE R/W E.A12 ORA 91 8.2/9.0 0C5609Document No. 102793-1, 102793-2, 102793-5, 102793-6, C-741, C-741-1, C-741-3, C-741-4 , in the form of aPermanent Easement Deed, covering the property particularly described in said document has been executed anddelivered to Jessica Freeman , Right of Way Agent for the State of California.This Document No. 102793-3 and 102793-4, in the form of a Temporary Construction Easement, covering theproperty particularly described in Clause 3 below has been executed and delivered to Jessica Freeman , Right ofWay 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 agreementconstitutes the entire consideration for said document and shall relieve the State of all further obligation orclaims on this account, or on account of the location, grade or construction of the proposed publicimprovement.(B) Grantee requires said property described in Document No. 102793-1,-2,-3,-4,-5,-6 and C-741, C-741-1,C-741-3, C-741-4 for State highway purposes, a public use for which Grantee has the authority to exercisethe power of eminent domain. Grantor is compelled to sell, and Grantee is compelled to acquire theproperty.2. The State shall:Both Grantor and Grantee recognize the expense, time, effort, and risk to both parties in determining thecompensation for the property by eminent domain litigation. The compensation set forth herein for theproperty is in compromise and settlement, in lieu of such litigation.(A) Pay the undersigned grantor(s) the sum of $727,100.00 for the property or interest conveyed by abovedocument(s) when title to said property vests in the State free and clear of all liens, encumbrances,assessments, easements and leases (recorded and/or unrecorded) and taxes, except:a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required bySection 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow.b. Covenants, conditions, restrictions and reservations of record, or contained in the above-referenceddocument.c. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any(B)Pay all escrow and recording fees 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 documentarytransfer tax.