Novak, Jennifer
L
When recorded return to:
DOCUMENT: 19694473
111111111111111111111111
Pages: 5
City of Gilroy
City Clerk
7351 Rosanna Street
Gilroy, CA 95020
Fees.
Taxes.
Cop i es. .
AMT PAID
'" No Fees
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE tl 006
12/27/2007
3: 11 AM
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Remove and relocate sewer
line. Installation of temporary
construction fencing within
the yard.
Address: 7831 Santa Theresa Drive,
Gilroy CA 95020
APN: 808-13-030
RIGHT OF ENTRY AGREEMENT
Jennifer Novak ., hereafter referred to as "Grantor," grants to the City of Gilroy,
hereinafter referred to as "City" a Right of Entry Easement over, upon and across a portion of that real
property in the City of Gilroy, State of California, described in Exhibit "A" (hereinafter "Property")
attached hereto and made a part hereof.
City desires to acquire a Right of Entry and Easement (hereinafter "Easement") for the purpose of
removing and relocating a sewer line within a City easement.
This Easement is granted under the express conditions listed below:
1. Grantor represents and warrants that Grantor is the owner of the Property and has the
exclusive right and power:to grant this Easement.
2. Upon receipt of this grant of Easement, duly executed and acknowledged, City shall
arrange for its recordation. The City will pay any and all costs associated with this transaction.
3. This Easement shall continue in full force and effect until such time the construction of the
Project has been completed and accepted by the City at such time the Easement shall terminate;--.U!
period not to exceed 90 days).
4. Where necessary, improvements on the Property will be removed by the City. Such
improvements will be reconstructed at the City's sole expense upon the termination of the Easement.
(a)
If necessary, the City has the right to enter the Property to make any warranty repairs or
to correct defects in the work during the 1 st year warranty period following the
completion of the Project.
(b)
All work performed by the City on the Property shall conform to applicable building, fire
and sanitary laws, ordinances and regulations relating to such work and shall be done in a
good workmanlike manner.
\JH\540176.1
01-011404706002
-1-
....
(c) The Property shall not be used for the storage of vehicles or any hazardous substance
(d) City shall provide Grantor seven (7) days notice prior to the commencement of the
construction period.
(e) City shall install temporary fencing to enclose the construction site at all times.
Temporary fencing shall secure the perimeter of the construction work and residential
properties, preventing access by people or animals to enter the construction site or to
enter the residential properties from the construction site.
(f) City shall not place construction materials within 2 feet of the base of the palm trees
located in the public utility easement of 7831 Santa Theresa. City shall replace the palm
trees in-kind if they are damaged during the work.
(g) City may use the gate on the west end of the 7831 Santa Theresa property to access the
construction site.
(h) City shall temporarily remove the fence on the east side of 7831 Santa Theresa to access
the upstream manhole. City shall restore the fence after the work is done to like or better
condition.
5. City agrees to indemnify and hold harmless Grantor from and against any and all claims,
damages, liabilities, costs or any expenses whatsoever, arising from or caused, directly or indirectly by
the Easement or the entry onto the Property by City or its agents, employees, invitees, contractors and
subcontractors.
6. If any action is instituted to enforce the terms of this Agreement, the prevailing party shall be
entitled to recover its costs and attorney's fees from the other party.
7. This Agreement contains the entire agreement between the parties regarding matters conveyed
herein and shall inure to the benefit of and be binding upon the successors and assigns of both parties.
Executed on this day of tJ~f. $0I:!.t
,2007.
GRANTOR(s):
~;fVL/L1fl1 ~
Je m er Novak
Property Owner
\JH\540176.1
01-011404706002
-2-
~.
. "
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~.c<".c<:-.c<:-..c<'..c<',C('.c<".c<"..c<'..c<'..c<'..c<',C('.c<"^X'-'C<'..c<'~~...d'~~.-c<'~~~&--{;s':'2,Q.X;<::5XL":~;:'-.~; ,.~{AX~;~X;:':O:'<:~'<A;:{'d^~(X:{;-<;;<
State of California
(~ \
County of :::)~_. . 0.-
On \ 0 j .3 0 /07 before me,
t Date I ~_ (l
personally appeared .J e fl J1 / JeJ ~ /i
1~
L\G, yu,_
~~
J
'( ,"'--".
AJul~r LA l6b ,0 C.
Name and Title of Officer (e.g.,("J e Doe, Notary Public")
1 ;: ;' 7
(() t- P j 0 r.//~ "'\
,,-t.... I f '-<..
l"rame(s) of Signer(s)
D personally known to me
I~-----::::~:------~
. COIMIIf~~766011 I
I NoIaIy PubIc . CaIIfomIa I
IcMIa Clara County -
1.-----~~~~~,.lJ
~ (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.
Place Notary Seal Above
WITNESS my hand and official seal.
, ---) ~
\.--/1. ,,/ ,~~
Signature '--: ,< OlD
Signature of Notary 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: K " 3\;'\\
Document Date: ,() J 3> ) 6 7
I f
Signer(s) Other Than Named Above:
i\jre() N\0,V\\
\,
o~'
f: <,,-\, j
3
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
~ Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer's Name:
[J Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
[J Trustee
o Guardian or Conservator
[J Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~"'.:.:;..y~~~ ~"c::;,..''''(~^~;,(~;:z.:,'''(:::{_>t>(-;;:.-_;.(,>' _J_~:~__/(,_Y--':'_,,'_~~-_<; :0<~":_;(~~;_.X~;~'_-i(7-C:z.;'{:A:.'t:7:~_:_:A,-;'{j;'-;~-:<'"'::'C:'j.~"'~=Z:-,~:'];;"(..:7,
@ 2006 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Cail Toll-Free 1-800-876-6827
. .
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Jennifer Novak
This is to certifY that the interest in real property conveyed by the Right of Entry Agreement
dated October 30, 2007 by Jennifer Novak, to the City of Gilroy, a municipal corporation of the
State of California, is hereby accepted by the undersigned officer or agent on behalf of the City of
Gilroy pursuant to authority conferred by Resolution No. 2004-20 of the City of Gilroy adopted
March 15,2004, a certified copy of which resolution is on record in the office of the County
Recorder of the County of Santa Clara, State of California, document # 17703402, dated April 6,
2004 and the grantee consents to recordation thereof by its duly authorized officer.
In witness whereof, I have hereunto set my hand on December 19, 2007
~ ,."",~___---=-_."_.-"_~~__A_____"~_'._.",,,~_~^,.,.
//'
-
.,
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: RIGHT OF ENTRY AGREEMENT
7831 Santa Theresa Drive
Gilroy, CA 95020
APN 808-13-030
Jennifer Novak
On November 7,2007, before me, Susan R. Johnson, 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.
l~~~~~~~~~~~~~
@ SUSAN R. JOHNSON
. Commission # 1543104
~ . ,,; Notary Public - California ~
j Santa Clara County d
~ ~ _ ~.:o:m,;..~~J~~2
&.\/)0. A-. R-. ~n./)ey\ .
/ Signature of Notary blic
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)