Berry/Hogue - Right of Entry & Temporary Construction Easement
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DOCUMENT: 16149114
Titles: 1 / Pages: 6
When recorded return to:
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_0016149114-
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AMT PAID
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE ** 003
3/11/2002
10:47 AM
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Luchessa Spur Crossing
Address: 655 East Luchessa Avenue
APN: 841-73 -006
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
Diana L. Berry, Trevis R. Berry, Barbara K. Hogue and Robert L. Hogue, hereafter referred to as
"Grantors," grant to the City of Gilroy, hereinafter referred to as "City" a Right of Entry and Temporary
Construction 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 Temporary Construction Easement (hereinafter
"Easement") for the purpose of constructing the Luchessa Spur Crossing Project ("Project"). The
Easement is necessary to divert traffic from the public crossing to allow the construction of concrete
panels, welded track and asphalt conform at the Luchessa Spur Crossing.
This Easement is granted under the express conditions listed below:
1. Grantors represent and warrant that Grantors are the owners of the Property and have 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 is for a period of twelve (12) months within the time period of January 2002 and
December 31, 2002. This Easement shall not be revoked and 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; or no later than December 31, 2002.
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.
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(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.
(c) The Property shall not be used for the storage of vehicles or any hazardous substance.
(d) City shall provide Grantors seven (7) days notice prior to the commencement of the
construction period.
5. City agrees to indemnify and hold harmless Grantors 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 ofJ - 0--/,2002.
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By: J 0 ~ I? ,~' t- I- 'jVd C u --Z
TYPE NAME
GRANTOR(S):
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STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On MARCH 4, 2002 before me, JANET K. WALLACE a Notary Public in and for said
State, personally appeared DIANA L. BERRY, TREVIS R. BERRY, BARBARA K. aOGUE AND
ROBERT L. HOGUE, personally known to me (or proved to me on th~.f2asis of
satisfactory evidence) to be the person(s) whose name(sv-is/~~~bscribed to
the within ipstFument and acknowledged to me that he/sh~~e~~xecuted the same
in his/her/thei~authorized capacity (ies) , and that by his/heElfheir
signature (s-t--oI;:" the instrument the person (s), or the entity uponb'~half of which
the person(s) acted, executed the instrument.
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.~~" JANET K. WALLACE '1
':.: ftYf" '" COMM. #1310827
.ff3 :' do Notary PUblic-Callfornia m
'~..~ SANTA CLARA COUNTY ::i
J.". c" "0'''' My ':omm. Exp. July 23, 2005 f.
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STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement
Diana L. Berry, Trevis R. Berry, Barbara K. Hogue and Robert L.
Hogue
On March 7, 2002, 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.
WITjSmy hand Jcial seal.
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, Signature of Notary Public
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per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
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CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Diana L. Berry, Trevis R. Berry, Barbara K. Hogue and Robert L. Hogue
This is to certify that the interest in real property conveyed by the Right of Entry and
Temporary Construction Easement dated March 4,2002 from Diana L. Berry, Trevis R. Berry,
Barbara K. Hogue and Robert L. Hogue, 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. 99-90 of the City of Gilroy adopted
December 20, 1999, 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 #15167735, dated March 1,
2000 and the grantee consents to recordation thereof by its duly authorized officer.
In witness whereof, I have hereunto set my hand on March 7, 200
I:\CTYCLERK\FORMS\ACCEPT ANCE.DOC