Billups, Larry E. and Forrest, Neil J.
Susanne E. Steinmetz, City Clerk
eityof Gilroy
1351 Rosanna Street
'Gilroy, CA 95020
NO FEE PER GC SEC 27383
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AGREEMENT
2 1993
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This Agreement is made effective _H-c~ ,;J D , 1993, by and
between Larry E. Billups & Neil J. Forrest ("Owners"), 2085 Rockrose Court,
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Gilroy, california, 95020, and the CITY OF GILROY ("city"),
7351 Rosanna street, Gilroy, California 95020, as follows:
RECITALS
A. OWners hold fee title to the real property located at 2085
Rockrose court, Gilroy, California, more particularly identified as Lot 22
of Tract 8136 as filed for the record in Book 605 of Maps at pages 8 to 16
inclusive in the office of the Recorder of Santa Clara County ("subject
Property" ) .
B. The subject Property is held subject to an easement for public
utilities 10 feet wide and burdened by extending along the entire western
and southern borders of the subject Property, dedicated to the benefit of
the
public by Owners' predecessors-in-interest and duly accepted by the city of
Gilroy on August 1, 1989 (the "Easement").
c. Under the terms of the Easement, buildings and structures
generally may not be located within the easement area.
D. Owners acknowledge that a low retaining wall 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:
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M 9 8 2 PA GE , 0 4 3 .
AGREEMENT
1. city shall allow the retaining wall 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.
2. Owners, their heirs, successors and assigns, hereby agree to
remove the retaining wall at their sole expense immediately upon a direction
to do so by the city, to allow the installation, replacement, or repair of
public utilities within the Easement whenever the city determines in its
sole discretion that the retaining wall would prevent or impede such
activities.
3. Upon notification by the city that utility work is completed,
owners, their successors and assigns, may replace the retaining wall with a
wall of substantially similar dimensions, location, and construction, at
owners' sole expense. Any replacement retaining wall shall be subject to
the removal requirements of paragraph 2.
4. Upon full execution by the parties hereto, this Agreement shall be
recorded in the office of the Recorder of Santa clara county.
5. 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.
6. This Agreement sets forth the entire agreement of the parties
regarding this subject matter and supersedes any prior oral or written
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H 9 8 2 PAGE , 0 414
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.
OWNERS:
Dated:
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Larr;-~. Bill~PS ~
Dated:
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OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT AGREEMENT
NUMBER OF PAGES 3 DATE OF DOCUMENT 8/20/93
SIGNER(S) OTHER THAN NAMED ABOVE Larry E. Billups & Neil J. Forrest
CALIFORNIA ALL-PURPOSE ACKNOWLEDG
. State of. California
}
M 9 8 2 PA GE I 0 4 5
'...
:County of
Santa Clara
On
8/30/93
before me, Patricia K. Bentson, Notary Public
NAME, TITLE OF OFFICER - E,G" "JANE DOE, NOTARY PUBLIC"
JAY BAKSA, City Administrator
DATE
personally appeared
NAME(S) OF SIGNER(S)
~ personally known to me - OR - D proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) (Qa-Fe
subscribed to the within instrument and ac-
knowledged to me that~/sho/thoy-executed
the same in @/hcr/tl'l"Oir authorized
capacity(ies), and that by ~hor/thoir
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
OFFICIAL SEAL
Patricia K. Bentson
NOTARY PUBLIC, CAliFORNIA
SANTA CLARA COUNTY
My Comm, Expires June 9, 1995
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form,
No, 5193
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
D INDIVIDUAL
D CORPORATE OFFICER(S)
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
~ OTHER: Jay BaksR
City Administrator
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
City of Gilroy
@1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave" P,O, Box 7184. Canoga Park, CA 91309-7184
II 1ST NATIONWIDE BANK
A FEDERAL SAVINGS BANK
State of California
County of Santa Clara
}
On 8-20-93 before me, Diane Medina, Notary Public
DATE NAME, TITLE OF OFFICER. E.G, .JANE DOE, NOTARY PUBLIC.
Larry E. Billups & Neil J. Forrest *****************
NAME(S) OF SIGNER(S)
D personally known to me
-OR-
~ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) .+si@subscribed to the within instrument and
acknowledged to me that Ae/51Ief~xecuted the same in--h+sffl&r/t@
authorized capacity(ies), and that by ~ignature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s).
acted, executed the instrument.
ALL-PURPOSE NOTARY
ACKNOWLEDGEMENT
, personally appeared
. OFFiCiAL SEAL
. ' DIANE MEDI N,II.
. OTARY PUBLlC.CAI_I,fC",,'" '.N:.~,"'.',~
SANTA CLARA COUNTY fi
tot .O'*'. EXP. ~,iAY 14<,1995.J
.' . ~~~.~,o/,..t>"~Cf-of':'I,,,~I',' .
~~? , d!----
Official Seal
CAPACITY CLAIMED BY SIGNER
:t;Zlndividual(s) 0 Partner(s)
o Trustee(s) 0 Attorney-in-Fact
o Other:
ATTENTION NOTARY: ATTACH THIS ACKNO'M.EDGMENT TO THE DOCUMENT DESCRIBED BELOW to help
process this acknowledgement, and to avoid fraudulent attachment of this certificate to an unauthorized document.
(Complete as much of the following information as possible,)
Title or Type of Document East:ment Aqreement
Signer is Representing: (Person(s) or Entity(ies))
Number of Pages
3
Signer(s) Other Than Named Above
S0294CA (0193)
Date of Document 8-20-93