Lonestar California - Right of Entry & Temporary Construction Easement
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DOCUMENT: 16222106
Titles: 1 1 Pages: 6
When recorded return to:
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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 ** 008/015
4/18/2002
11 · 38 AM
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Luchessa Spur Crossing
Address: East Luchessa Avenue
APN: 841-73-005
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
Lonestar California, Inc., hereafter referred to as "Grantor," grants 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. 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 ofthis 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.
\JH\540176.1
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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 Grantor seven (7) days notice prior to the commencement of the
construction period.
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 AIllllhil ;J l, 2002.
Ch /, F "'O()Dt'-iouJl-~
By: ~I~' ~ \ ~
TYPE NAME
Baksa
y Administrator
_1jRANT~:
~ J~VZX~l,Le
\JH\5401761
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STATE OF CALIFORNIA
COUNTY OF A I G:J'.t'~r}.:>.
} ss
On ~I.D l\\.~<(~. 7...00'-, before me, '(fie. Wco{~I)'..se, personally
appeared .
~. personally known to me -OR- 0
\JH\540176.1
proved to me on the basis of satisfactory
evidence to be the person(s) whose
name(s) is/are subscribed to the within 0
instrument and acknowledged to me that 'gJ
he/she/they executed the same in
hislher/their authorized capacity(ies),
and that by hislher/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.
-1-
I.- _. JANICE HARRIS' "(
- :.. Comm. # 1272370
f/) NOTARY PUB.lIC.CALlFORNIA (J)
Solano County -
My Comm. ExpIres July 30,2004 ..
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.
INDIVIDUAL
CORPORATE OFFICERS(S)
f'T~ ", ~ c1~Y'.:\:
Title(s)
o PARTNER(S) D LIMITED
D GENERAL
o ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERV ATOR
o OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
L(\.,\~ ',-T-~'<" (,\J..\,+u(l\.i')o..l 'l-..,<..
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement
Lonestar California, Inc., APN 841-73-005
On April 3, 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.
WITNE.SS;UY ha. nd2Ud ial seal.
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Signature of Notary Public
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i Notary Public . CaIfomIa I
~ Santa CbIra Cowtty I
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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
Lonestar California, Inc.
This is to certifY that the interest in real property conveyed by the right of entry and
temporary construction easement dated March 26,2002 Lonestar California, Inc., 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 April 3, 2002.
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I:\CTYCLERK\FORMS\ACCEPT ANCE.DOC