Hall's of Gilroy
RECORDING REQUESTED BY
CITY OF GILROY
WHEN RECORDED MAIL TO: ~
susanne E. steinmetz, city Clerk
city of Gilroy
7351 Rosanna st.
Gilroy, CA 95020
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
ID?'l
RDE t; 008
4/ I 1/ 1996
4 30 PM
DOCUMENT:0013254875
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O:ln) 132548"756:
Titles 1/ Pages 7
Fees . No Fees
Taxes
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( SPACE ABOVE THIS LINE FOR RECORDER1S USE ) ~
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EASEMENT AGREEMENT - HALL'S OF GILROY
DOCUMENT TITLE
SEPARATE PAGE PURSUANT TO GOVT CODE 27361.6
co
~
P 2 8 2 Pl\ GE \ 892
RECORDING REQUESTED BY: )
)
city of Gilroy )
)
WHEN RECORDED, MAIL TO: )
)
City Clerk, City of Gilroy )
7351 Rosanna Street )
Gilroy, CA 95020 )
)
EASEMENT AGREEMENT
This is an agreement between HALL'S OF GILROY, INC.
(hereinafter referred to as "Grantor") and CITY OF GILROY
(hereinafter referred to as "Grantee") for conveyance of an
easement for installation and maintenance of a water line over
certain real property owned by Grantor.
The purpose of this
agreement is to set forth the terms and conditions under which the
easement is granted.
IT IS AGREED as follows:
1. Real Property Affected. The following real property
is affected by this easement agreement:
(a) Grantor is the owner of certain real property
hereinafter referred to as the "servient tenement" located at 39
West 6th Street in the city of Gilroy, California.
Said real
property of Grantor is designated by the Assessor as APN 799-07-068
and is more particularly described on Exhibit "A" attached hereto.
(b) Grantee, City of Gilroy, desires to acquire an
easement for installation and maintenance of a water line over the
servient tenement in order to provide water service to adjoining
real property (APN 799-07-066) located at 7411 Monterey in the City
of Gilroy, California.
2 .
Grant of Easement.
For valuable consideration,
1
P 2 8 2 p~ GE \ 893
Grantor hereby grants to Grantee, its heirs, successors, and
assigns forever, an easement over the above-described servient
tenement for installation and maintenance of a water line for the
purpose of providing domestic water service to the adjoining real
property (APN 799-07-066) located at 7411 Monterey street, Gilroy,
California. The course and width of said easement shall be as
required by the City of Gilroy for connection to the existing City
water main located within Gourmet Alley.
3. Installation. Maintenance and Relocation of Water
Line at the Expense of Grantee. All costs associated with
installing and maintaining the water line over servient tenement,
as well as any water meter, shall be paid by Grantee. At such time
as Grantor, or any successor of Grantor, desires to develop the
servient tenement, Grantee, at its expense, shall relocate the
water line/meter as necessary to accommodate Grantor's development
plans for the servient tenement. Grantor shall give Grantee
written notice no less than 90 days in advance of the date by which
the water line/meter must be relocated.
4. Grantee to Hold Grantor Harmless. Grantee shall not
permit any mechanics liens to be filed against the servient
tenement as the result of construction activity hereunder. In the
event such lien is recorded, Grantee or its successors in
interest - shall defend, indemnify and hold Grantor harmless from
such lien. Additionally, Grantee shall defend, indemnify and hold
Grantor harmless from any and all other claims or liability arising
out of use of the easement or other exercise by Grantee of its
rights under this agreement.
5. Notices. Any notices to be given pursuant to the
2
P 2 8 2 rn GE I 8 9 4
terms and conditions of this agreement are to be sent as follows:
GRANTOR:
HALL'S OF GILROY, INC.
c/o Mr. Charlie Haines
7415 Monterey Street
Gilroy, CA 95020
GRANTEE:
CITY OF GILROY
c/o City Manager
7351 Rosanna Street
Gilroy, CA 95020
6. Bindinq on Heirs and Successors. All provisions of
this agreement shall be appurtenant to and run with the hereinabove
described real property of each party and shall be binding upon the
heirs, assigns and successors in interest of the parties.
7. Attorneys Fees. In the event any party is obligated
to bring an action to enforce this easement agreement or any
provision hereof, the prevailing party in any such action shall be
entitled to reasonable attorneys fees and costs.
8. Parties Authorized to Execute Agreement. Each party
signing this Agreement warrants that he or she has authority to
execute this document on behalf of the party bound thereby.
IN WITNESS WHEREOF, the parties have executed this
easement agreement effective as of the date the agreement is
recorded in the Office of the Santa Clara County Records.
~#~
President
By:
~//7~t"/
GRANTOR
HALL'S 0
GRANTEE
CITY OF
Date:
Tit
haines.agr/md
3
P 2 8 2 rn [E \ 895 (
OLD REPUBLIC TITLE COMPANY
ORDER NC. -U5783-JJ
The land referred to in this Report is situated in the County or
State of Califomia. and is described as follows:
Sant3 C:ara. Cit? of Gil:ov,
Parcell:
Beginning at a pci~t on the North li~e of Sixth Street dista~: 140 feet weste~ly
from the northwes~ c~rner of Mcnterey a~d Sixth Streets and a: the point of
intersection of the East line of an alley with said North li~e of Sixth Street;
thence Easterly and along North line of Sixth Street 40 feet; thence in a
Northerly direct:on 23.90 feet; thence again Easterly 23.55 feet to the
Southwest corner of land of J. Fish; thence again Northerly and along the West
boundary line of said land of said J. Fish and Liguori Brothers 43.70 feet to
the South line of land of one Otto; thence Westerly and along the Southerly line
of land of Otto and parallel with Sixth Street 63.55 feet, more or less, to the
East line of said alley; thence Southerly and along the East line of said alley
67.55 feet to the point of beginning, and being parts of Lots 20 and 21, Block 1
North, Range 1 West.
Parcel 2:
Beginning at a point in the West line of Monterey Street 42.10 feet Northerly
from the Northwest corner of Sixth and Monterey Streets; thence along the West
line of Monterey Street Northerly 24.20 feet; thence Westerly 76.60 feet; thence
Southerly 24.57 feet; thence Easterly 76.50 feet to the point of beginning, and
designated upon map 5 accompanying the re~ort of the Referees in the partition
suit of Henry Mille~ et al vs. Massey Thomas et al in the Super:or Court of the
County of Santa Clara, State of California, as Lot No. 18, B:=c~ 1 North, Range
1 West of the City of Gilroy.
799-07-068
02007
RB/GI/BF
A 803-7-19 and 22
N:
EXHIBIT A
CALlf'ORNIA ALL-PURPOSE ACKNOWLEDGMENT
P 2 8 2 rn GE I 896
County of
On April 9, 1996
Santa Clara
Photographic image may be
poor due to condition of
original document.
State of
California
before me,
Patricia K. Bentson, Notary Public
Name and Title of Officer (eg., ~Jane Doe, Notary Public")
Date
personally appeared
Charles Haines
Namels) of Slgnerls)
X 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.
IQ-;~:~~-l
i ~ CCMil#-' I
~ ~ NotaIyP\Mc-e~~
I SAMAClAMCOUNIY"
'"" ~ ~ ~~~.~~.~~ J
WITNESS my hand and official seal.
.' -,- -L~) "- ~
-'....... ~ ?2-:r~<-<.< ______ -
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Easement Agreement
Document Date:
Anril 9, 1996
Number of Pages:
Four
Signer(s) Other Than Named Above: RIck Smelser, City of Gilrov, Ci tv Engineer
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Charles Haines
Signer's Name:
RIGHT THUMBPRINT
OF SIGNER
Individual
Corporate Officer
Title(s):
Partner - Limited General
Attorney-in-Fact
Trustee
Guardian or Conservator
Other: Top of thumb here
Individual
xx Corporate Officer
Title(s): President
Partner - Limited General
Attorney-in-Fact
Trustee
Guardian or Conservator
Other: Top of thumb here
,~.~
RIGHT THUMBPRINT
OF SIGNER
-'...-';- - ~.'.:--
. .~...
Signer Is Representing:
Hall's of Gilroy, Inc.
Signer Is Representing:
.~.; '.,-,1,' ,
@ 1994 National Notary Association' 8236 Remmet Ave. PO Box 7164' Canoga Park. CA 91309.7184
Prod. No. 5907
Reorder: Call Toll.Free 1.800.876.6827
P 2 8 2 pn GE I 891
CALI-FOAHIA ALL-PURPOSE ACKNOWLEDGMENT
State of
Californ1a
County of
On April 9, 1996
Santa Clara
Dale
Name and Title of Officer (e.g., -Jane Doe, Notary Publlc-)
personally appeared
Rick Smelser
Name(s) ot Slgner(s}
x personally known to me - OR -
j~~~~~~~~~~~~~l
Q:. ~r.BIJON
i ...~ CCMl.~1 I
! . .....MIo - c..r........
. WMQAM .
I~ ~ ~ ~~c~~~~ J
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.
WITNESS my hand and official seal.
~;;,.J ~-~
Signature of ry PubliC
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Easement Agreement
Document Date:
ADril 9, 1996
Number of Pages: Four
Signer(s) Other Than Named Above: Charles Haines, President of Hall's of Gilroy, Inc.
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Rick Smelser
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner - Limited General
Attorney-in-Fact
Trustee
Guardian or Conservator
X Other: Ci tv Engineer Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Individual
Corporate Officer
Title(s):
Partner - Limited General
Attorney-in-Fact
Trustee
Guardian or Conservator
Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Ci ty of Gilroy
Signer Is Representing:
@ 1994 Nallonal Notary Assoclallon' 8236 Remmet Ave, PO Box 7184' Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder Call Toll-Free '-800-876-6827