Abbott, Eric and Kathleen - 2445 Olea Court
DOCUMENT: 18360680
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Rhonda Pellin
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Fees.
Taxes.
Copies
AMT PAID
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Pages: 5
19.00
19.00
RDE ** 009
5/09/2005
9:50 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Encroachment Agreement
2445 Olea Court, Gilroy, CA 95020
This Agreement is made effective between Eric Abbott and Kathleen Abbott, ("OWNERS"), and
the CITY OF GILROY ("CITY"), 7351 Rosanna Street, Gilroy, California 95020, as follows:
A. Owners hold fee title to the real property located at
2445 Olea Court, Gilroy, California 95020. All of Lot 47, Tract 9201, recorded
in Book 729 of Maps at Pages 1-18, dated June 23, 2000, in the Office ofthe
Santa Clara County Recorder.
B. The Subject Property is held subject to an easement for a 22-foot and wider Public
Sanitary Sewer, a 22-foot and wider Public Use Easement (PUE), a 22-foot and
wider Ingress/Egress Easement (EE) and a 60-foot wide Public Storm Drain
Easement (PSDE) located in various locations ofthe Subject Property, dedicated
and shown on Tract 920 I.
C. Under the terms of the Easement, buildings and structures generally may not be
located within the easement area.
This agreement relates only to a gate with two (2) pillars (structure) within the
noted easement and in no way extends to any other item unless detailed in said
agreement.
D. Owners acknowledge that a gate with two pillars (structure) will exist within the
Easement and that it constitutes a "structure" prohibited by the terms ofthe
Easement.
NOW, THEREFORE, in consideration ofthe mutual promises herein, the parties agree as
follows:
City shall allow a gate with two (2) pillars (structure) to be built at this time. In so doing,
City expressly does not abandon the Easement or waive any rights thereunder, and Owners,
their heirs, successors and assigns, derive no basis for a claim of prescriptive rights.
Owners, their heirs, successors and assigns, hereby agree to remove the pillars and gate
within the 22-foot and wider Public Sanitary Sewer, a 22-foot and wider Public Use
Easement (PUE), a 22-foot and wider Ingress/Egress Easement (EE) and a 60-foot wide
Public Storm Drain Easement (PSDE), at their sole expense immediately upon a direction to
do so, in writing, by the City, to allow the installation, replacement, or repair of public
utilities within the Easement or ifthe need exists for full access of the ingress/egress
easement whenever the City determines in its sole discretion that the pillars and gate would
prevent or impede such activities.
Upon notification, in writing, by the City, when utility work is completed or the
ingress/egress access in not in immediate need, owners, their successors and assigns, may
replace the gate with the two (2) pillars (structure) with a gate and two (2) pillars (structure)
of substantially similar dimensions, location, and construction, at owners' sole expense. Any
replacement ofthe gate with the two (2) pillars (structure) shall be subject to the removal
requirements of Paragraph 2.
Upon full execution by the parties hereto, this Agreement shall be recorded in the Office of
the Recorder of Santa Clara County.
It is the express intent of the parties hereto that this Agreement shall be a covenant running
with the land and shall bind their respective heirs, successors and assigns.
This Agreement sets forth the entire agreement of the parties regarding this subject matter and
supersedes any prior oral or written agreements. This Agreement may not be modified except in
a writing signed by the parties hereto, or by their respective heirs, successors or assigns, as
appropriate.
IN WITNESS WHEREOF, City has executed this agreement as of
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ATTEST:
42
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Rhonda Pellin
CITY CLERK
sa
Y ADMINISTRATOR
IN WITNESS WHEREOF Owner has executed this agreement as Of:~
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OWNER ~~ -
By: Eric Abbott
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By: Kathleen Abbott
OWNER
G:\COMDEV\ENG\MARIL YN\Agreements\2445 Olea Ct..doc
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Encroachment Agreement, 2445 Olea Court, Gilroy, CA 95020
On April 19, 2005, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa
personally known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
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SIgnature of Notary Pubhc
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.. " CanwniuIon.1305811
I ....,;.1 Notary PublIc - Cdfamfa I
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per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On,
4/12/05
, before me, Josephine C. Nocon, a notary public, personally
appeared
Eric Abbott & Kathleen Abbott
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name is,Lare
subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their
authorized capacity(ies) and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of
which the personW acted, executed the instrument.
F'AVAVH"H""HHAVHAVAVHH"i
!~- JOSEPHINE C. NOCON~
;: _ . COMM. 1329709 "I
C) ~ NOTARY PUBlIC - CAlIFORNIA -
2 SANTACLARACOUNTY :J~
My Comm. Expna NOV. 11. 2005
1s""""HHH"HAV,.,.,,,.,.,.'HHAVA
WITNESS my hand and official seal.
~~
. GN TUREOFNOTARY
(OPTIONAL)
Though the data below are not required by law, they may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER: Owners
SIGNER IS REPRESENTING:
DESCRIPTION OF A TT ACHED DOCUMENT:
Encroachment Agreement
TITLE OR TYPE OF DOCUMENT
Two (2)
NUMBER OF PAGES
April 12, 2005
DATE OF DOCUMENT