Abraham, William & Claudia - 9320 Benbow Drive
DOCUMENT: 17836120
Pages: 8
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AMT PAID
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
No Filing Fee Govt Code 6103
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
SPACe ABUVE THIS LINE FOR RECORDERS USE ONLY
ROE ** 006
6/09/2004
4:09 PM
Project: Santa Teresa Boulevard
Project Improvement
Address: 9320 Benbow Drive
APN: 783-48-103
RIGHT OF ENTRY AND TEMPOR.LA..RY CONSTRUCTION EASEMENT
William Asis Abraham and Claudia Diaz-Abraham, 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 Cali fomi a,
described in Exhibit "A" ("Property") attached hereto and made a part hereof.
City desires to acquire a Right of Entry and Temporary Construction Easement ("Easement") for
the purpose of constructing the Santa Teresa Boulevard Improvement Project ("Project"). The Easement
is necessary to construct a concrete Sound Wall along the rear and/or side of those lots that abut Santa
Teresa Boulevard.
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. Grantors acknowledge that for the granting of said Easement, monetary compensation will be
paid in the amount of$160.00, based on the rental rate of eight percent (8%) annually for a period of three
(3) months.
3. 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.
4. This Easement is for a period of three (3) months within the time period of April 2004 and
October 31, 2004. 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, 2004. In the event that the City occupies the
Property beyond the specified three (3) month time period, at the request of Grantor, the City shall make
payment to Grantor for the additional time on the same basis of valuation.
5. 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, or if
reconstruction is not feasible, the City will pay Grantor the value of such improvements, which payments
shall be in addition to the purchase price for the Easement as set forth above.
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(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.
(c) Grantor's property or the Property shall not be used for the storage of vehicles, portable
toilets, chemicals or any hazardous substance. Gasoline powered equipment shall not be
stored or operated on Grantor's property.
(d) The City shall provide temporary fencing, meshing and black tarp during the time period
of construction.
(e) Grantor assumes all responsibility for prior drainage or drainage system problems that
existed with the current retaining wall.
(f) City shall provide Grantor thirty (30) days notice prior to the commencement of the three
(3) month construction period.
6. 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.
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 A-p."...ll~l ' 2004
STATE OF CALIFORNIA }
COUNTYOF~'~' Ct:'Vt~ 55.
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on#r- \ \ Zl , 2-Ct1. before ~e,Kc> b :J/'~-l~ (1..j-i{,';;sonallY
appeared VI,.,.H,,~.'k ~",>~L> A\::".h'l-" . (./...,.......( ~ b_;"l. f\b...lh",,~\
~ersonally known to me -OR- 0 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/herltheir signature(s) on
the instrument the person(s), or the
entity upon behalf of which the
person( s) acted, executed the
instrument.
hand and official seal.
RE OF NOTARY
....-------------......-..-.---1
ROBERT C. PlAIT JR.
l a CommisSion' 13625~ z
~ Notary Public - Canfom.. ~
I Santa Clara County 1
My Comm Expinls Jun 28, 2008
-----_...~-------~
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01.{)41304.{)4706002
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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.
o INDIVIDUAL
o CORPORATE OFFICERS(S)
Title(s)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERV A TOR
o OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
STATE OF C~~IFO~IA } ss. ,
COUNTY OF M,cL,,,,..--., a n
- On Apv,I ~lla',(tbeforeme,_J::c ~;~+CJ//'-Air~
personally appeared tv. I!. .un .(..~, 4 hi::! ;!:.~ ... '-. t.,: -L., D ,7:.. Ah'~ j.,.,;,~
~SOnaIlY known to me -OR- 0 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
hislher/their authorized capacity(ies),
and that by hislher/their signature(s) on 0
the instrument the person(s), or the 0
entity upon behalf of which the 0
person(s) acted, executed the 0
ill 0
J .... .... .... .... ;~~~.~; ;..... J
~ Commission" 1362599 z
~.. Notary Public - California ~
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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.
o INDMDUAL
o CORPORA IT OFFICERS(S)
Titlc{s)
PARThlER(S) 0 LIMITED
o GENERAL
ATIORNEY.IN-FACT
TRUSITE(S)
GUARDIAN/CONSERVATOR
OTIIER:
SIGNER IS REPRESENTING:
Name of Pcrson(s) or Entity(ies)
ST ATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TiTLE OF DOCUMENT
Right of Entry and Temporary Construction Easement
William Asis Abraham and Claudia Diaz-Abraham
APN 783-4R-l 03
9320 Benbow Drive, Gilroy, California
On May 5, 2004, before me, Rhonda PeHin, Notary Public, personaily appeared Jay Baksa
personally known to me to be the person whose name is subscribed to the within instrument and
acknowiedged to me that he executed the same II1 his aulhonzed capacity, and that by his
signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instIllment.
WITNESS my hand and official seaL
J-~--=f.~~I-f
J." NotaJy Public - CaifomiI S
Santa Clara Countr -
..,eamm. Expinle JlrI19, 2D05
_____.__~_____I
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Signature of"Jotary Public
pPf fi-C Sec 408t4; CC See 1181
(Notary Seal)
RBF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A"
October 12, 2000
IN 35-100063-58
Page 1 of 1
LEGAL DESCRIPTION
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION EASEMENT
WITHIN LOT 82 OF TRACT NO. 8563
The easterly 8.00 feet of lot 82 of Tract No. 8563, in the City of Gilroy, County
of Santa Clara, State of California, as shown on a map thereof filed in Book 655
of Maps at Pages 39 through 43 in the Office of the County Recorder of said Santa
Clara County.
SUBJECT TO all Covenants; Rights, Rights-of-Way and Easements of Record.
EXHIBIT attached and by this reference made a part hereof.
!l1r.;J ;j~.
Patrick J./Tami, L.S. 5816
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EXHIBIT 'B'
SKUCH TO ACCOMPANY A
lECAL DCSCRlPnON FOIi
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION
EASEMENT WlTHIN- LOT 82
OF TRA CT NO, 8563
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It IfDA TA \.15I0C\?6J\Olr.;\ \JJAP\[XH/8f TS105JUDse Dr.;
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
William Asis Abraham and Claudia Diaz-Abraham
THIS IS TO CERTIFY that the interest in real property conveyed by the ~~~~
Right of Entry and Temporary Construction Easement
dated April 29 from William to the City of Gilroy, a municipal corporation of the State of
2004 Asis Abraham and Claudia Diaz-Abraham
California is hereby accepted by the undersigned officer on behalf of the City of Gilroy pursuant
2004-20 March 15, 2004
to authority conferred by Resolution No. 2x~ of the city of Gilroy adopted ~~gp{:t~:t99~
a certified copy of which resolution is on record in the office of the County Recorder of the
17703402 April 6, 2004
County of Santa Clara, State of California, document thl~2i~'k dated ~iz:~ol~ and
the grantee consents to recordation thereof by its duly authorized officer.
In witness whereof, I have hereunto set my hand on May 5, 2004
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