Hollings Cartaway Hunger Relief Organization - 8531 Wayland Court
INSURED
AWANCETITLE CO. elf
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DOCUMENT: 18619225
11111 11111 111111111 1/'111111/1 II /I II II III
RECORDING REQUESTED BY:
Fees
Taxes.
Copies
AMT PAID
Pages: 5
19.00
]9 00
City of Gilroy
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
AI I iance Title Company
WHEN RECORDED, MAIL TO:
Rhonda Pellin
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
ROE !:I 008
10/12/2005
8:00 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Encroachment Agreement
8531 Wayland Court
Hollings Cartaway Hunger Relief Organization, Inc.
APN: 790-26-002 and 790-26-003
This Agreement is made effective between Hollings Cartaway Hunger Relief Organization, Inc.,
("OWNER"), and the CITY OF GILROY ("CITY"), 7351 Rosanna Street, Gilroy, California
95020, as follows:
A. Owner holds fee title to the real property located at
8531 Wayland Court, Gilroy, California 95020. All of Parcel 1, of Parcel Map
recorded in Book 787 of Maps at Pages 44 and 45, dated June 16,2005, in the
Office of the Santa Clara County Recorder.
B. The Subject Property is held subject to a lO-foot Public Use Easement (PUB),
dedicated and shown on parcel map recorded in book 787 of maps at pages 44
and 45.
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 7.5 foot by 3.5 foot attached covered porch
within the noted easement and in no way extends to any other item unless detailed
in said agreement.
D. The Owner acknowledges that a 7.5 foot by 3.5 foot attached covered porch will
exist within the Easement and that it constitutes a "structure" prohibited by the
terms of the Easement.
NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as
follows:
City shall allow a 7.5 foot by 3.5 foot attached covered porch 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 or assigns, derive no basis for a claim of prescriptive rights.
The Owner, their heirs, successors or assigns, hereby agree to remove the 7.5 foot by 3.5 foot
attached covered porch within the lO-foot Public Use Easement (PUB), 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 use within the Easement whenever the City determines in its
sole discretion that the 7.5 foot by 3.5 foot attached covered porch would prevent or impede
such activities.
Upon notification, in writing, by the City, when the public use work is completed, the
owners, their successors or assigns, may replace the 7.5 foot by 3.5 foot attached covered
porch of substantially similar dimensions, location, and construction, at owners' sole
expense. Any replacement of the 7.5 foot by 3.5 foot attached covered porch 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 or 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 o~~b2...v 7( WDf."
~~~J
Rhonda Pellin
CITY CLERK
IN WITNESS WHEREOF Owner has executed this agreement as of: J1Uq J? :2DD~~
/
OWNER:
Hollings Carta way Hunger Relief Organization, Inc.
By:
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ief Executive Officer
G:\COMDEV\ENG\MARIL YN\Agreements\854I Wayland Ln..doc
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Encroachment Agreement, 8531 Wayland Court, Hollings
Cartaway Hunger Relief Organization, Inc. APN: 790-26-002 and
790-26-003
On September 7,2005, before me, Rhonda Pellin, Notary Public, personally appeared Jay Saksa
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.
WZ) ssmYha.n.d.w/~ fficia 1 seal.
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i Signature of Notary Public
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! Notary PublIc - CalIfornIa f
j Santa Clara COUlIy =i
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per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On August 18,2005, before me, Patricia K. Bentson, Notary Public
personally appeared Chris Cote personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are 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
person(s) acted, executed the instrument.
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Patricia K. Bentson, Notary F blic
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Ianta CIaIa C<<nv .
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WITNESS my hand and official seal.
per GC Sec. 40814; CC Sec. 1181