Adams, Gary & Chantal - 1201 Blue Parrot Court
When recorded return to:
DOCUMENT: 17942904 Pages: 6
IIJ II II 11111 11111/'11 " 11//,1/1 II Fees. +. No Fees
Taxes.
Copies.
AMT PAID
BRENDA DAVIS ROE # 007
SANTA CLARA COUNTY RECORDER 8/10/2004
Recorded at the request of 1: 59 PM
City
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 1201 Blue Parrot Court
APN: 783-54-052
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
Gary Adams and Chantal Adams, 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 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. Grantor represents and warrants that Grantor is the owner of the Property and has the exclusive
right and power to grant this Easement.
2. Grantor acknowledges that for the granting of said Easement, monetary compensation will be
paid in the amount of $190.00, 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 ofthree (3) months within the time period of January 2002 and
December 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 time period, at the request of Grantor, the City shall make payment to
Grantor for the additional time on the same basis of valuation.
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5. Where necessary, improvements on the Property will be removed by the City subject to prior
written notice given by the City. The City will pay Grantor the fair market value of such improvements,
as determined by the average of three (3) independent bids, said payments shall be in addition to the
purchase price for the Easement as set forth above. Payment to Grantor for the fair market value of said
improvements shall be made within sixty (60) days after the City has determined the average bid amount.
In addition, Grantor shall be responsible for the reconstruction and final acceptance of said improvements.
Note: This allows that if repairs are necessary, the City will not repair, but will obtain 3 bids and pay the
average of the 3 bids to Grantor, and Grantor will hire a contractor of his choice.
(a) Ifnecessary, the City has the right to enter the Property to make any warranty repairs or
to correct defects in the work during a 1 year warranty period following the completion
ofthe Project. Note: The one year from completion of Project will be at least 18-24
months after start of the overall Project. You will have approximately 24 months of
warranty under this agreement.
(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) The City shall provide temporary fencing during the time period of construction.
(e) Grantor represents and warrants that there are no existing drainage system problems with
the property or the current retaining wall. City shall perform said construction work in a
manner that does not impede or obstruct Grantors' existing drainage. The existing
drainage pipe from Grantor's property that drains under the existing sound wall shall be
extended to City's new storm drain system in Santa Teresa Boulevard. The cost of this
extension shall be borne by the City and shall be in addition to the purchase price of the
easement and in addition to the compensation determined by the average of the three bids
stated above.
(f) City shall provide Grantor thirty (30) days notice prior to the commencement of the three
(3) month construction period.
(g) City shall take reasonable precautions to prevent damage to the existing garage or garage
foundation during construction work. City, at City's sole expense, shall repair any
damage to existing garage or garage foundation caused by the Project's construction
work.
6. 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.
7. 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.
8. 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.
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Executed on this _ day of-Mfty 2004.
By: tJAomicJ 2. AJ~
ChantC1l S. Adams
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STATE OF CALIFORNIA
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COUNTY OF 5V:hv74 C!.t+:J/l.jq
On ..::Tv,- 'I '1, 2L>07 ' before me, f'ifTR/l' ,Ii Ir'. 8E~1"p~i~~ally
appeared c~ 5. 4bArY2.:> 111..)) CIlI1~'r/JL-s.. ,41),4r)o'\ S
o personally known to me -OR- J&J proved to me on the basis of satisfactory
evidence to be the person(s) whose
name(s) is~subscribed to the within
instrument and acknowledged to me that
he/she/~) executed the same in
his/her/~) authorized capacity(ies),
and that by his/her/~ signature(s) on
the instrument the person(s), or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
~ESS my hand and official seal.
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SIGNATU
,
..
\JH\588074.2
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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.
~ INDIVIDUAL
D CORPORATE OFFICERS(S)
Title(s)
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
STATE OF CALIFORNIA )
)ss,
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement
Gary Adams and Chantal Adams
APN 783-54-052
1201 Blue Parrot Court, Gilroy, California
On July 12,2004, 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.
WITNESS my hand and official seal.
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Signature of Notary Public
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~ . Commi8aion . 13051tl
i Notary Public . CaifomIa
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per GC Sec. 40814; CC Sec, 1181
(Notary Seal)
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Gary Adams and Chantal Adams
This is to certify that the interest in real property conveyed by the Right of Entry and
Temporary Construction Easement dated July 9, 2004 from Gary Adams and Chantal Adams, 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 July 12,200 .
J
r of the
I:\CTYCLERK\FORMS\ACCEPT ANCE.DOC