Amaya, Juan & Patricia - 8349 Gaunt Avenue
When recorded return to:
DOCUMENT: 17136597
111111111111111111111111
~0017136597~
Pages: 9
Fees. .~ No Fees
Taxes.
Copies.
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
RDE # 009
6/25/2003
10:41 AM
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 8349 Gaunt Avenue
APN: 790-02-004
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
Juan & Patricia Amaya, 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"
("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 $272.00, 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 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 three (3) month time period, at the request of Grantors, the City shall make
payment to Grantors for the additional time on the same basis of valuation.
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 Grantors the value of such improvements, as
determined by the lowest of three (3) independent bids, said payments shall be in addition to the purchase
price for the Easement as set forth above. Payment to Grantors for the value of said improvements shall
\J H\554 960.1
01-060304706002
-1-
be made within sixty (60) days after the City has determined the lowest bidder. In addition, Grantors
shall be responsible for the reconstruction and final acceptance of said improvements.
(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 sl 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) The Property shall not be used for the storage of vehicles or any hazardous substance.
(d) The City shall provide temporary fencing, meshing and black tarp during the time period
of construction.
(e) Grantors assume all responsibility for prior drainage or drainage system problems that
existed with the current retaining wall.
(f) City shall provide Grantors 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. 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.
Executed on this day of ;;6 t; :z;,
tJv
JCitJ
,20Q,f.
cz.
Rhonda Pellin, City Clerk
UH\554960.1
01-060304706002
-2-
RBF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT IIAII
October 12, 2000
JN 35-100063-87
Page 1 of 1
LEGAL DESCRIPTION
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION EASEMENT
WITHIN LOT 7 OF TRACT NO. 4351
The westerly 8.00 feet of Lot 7 of Tract No. 4351, in the City of Gilroy, County
of Santa Clara, State of California, as shown on a map thereof filed in Book 228
of Maps at Pages 13 and 14 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.
f6t,J;J~.
Patrick J~ Tami, L.S. 5816
,............. "'""-
I
I I
, 9 , !
SCALE: ,. = 40' 30' ,
, 30'
, ,
I 55' ,
,- -- L
~ - I
,
~ , I
~ I
~ I TRAcT NO. ~ //351
<::::l I 8 I -r'
cq ~ I ~
:::::i I ~ ,
~ I ~ I
:::::.: (
~ ~ -7----f
;:...,
~ ~ 8'
I (\ I \.
~ ~
-- -
"'- ~
;:..., - >7", - - - _ ~ (fi PAPPANl
~ ~- "\ ::::s
~ 8' \ I CS DRIVE
~ 92 \
~ I ~ -- -1
.~ -7
V5 "-..:.. ,
I 8 I ~ --
~I /
~ I I
~ I (
13 !
L 228 iYi I J4
I
-- --J
I
I
I I
I I ~--
55' I 5 I
30' 30' t
EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION
EASEMENT WITHIN LOT 7
OF TRACT NO. 4351
SHEET 1 or 1 SHEET
~ PLANNINCl . CEBIClN . CONSTRUCTION
14725 ALTON PAPXWAY
· · · AWE, CAUFOANIA 92~~-2027
CON 5 U LTI N G 949.4723505 . FAX 949.472.8:17:3 . ......PEFoom
OCTOBER /2, 2000 J. N. 35-/00063
H: \PDA TA \ 10 100063 \DWG\MAP\EXHIBI TS\063E.XC87. DWG
ALL-PURPOSE ACKNOWLEDGMENT
r.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.,
. State of California } .
County of fA,,} IJ. cltl v a SS. t
i
i
i
.
t
i
i
i
.
t
i WITNESS my hand and official seal. i
I -~~I
· OPTIONAL INFORMATION ·
t The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- t
i ~~;:~; ;=:;ri~~ :I~:;n~PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT i
. .
a ~ INDIVIDUAL a
, D CORPORATE OFFICER ,
i ~JltJ. [ f;t~~;~~~~:Jr..ch'", ~~ ,.
, TITLE(S)
. .
t D PARTNER(S) t
D ATTORNEY-IN-FACT 1
i D TRUSTEE(S) NUMBER OF PAGES i
· D GUARDIAN/CONSERVATOR .
t Dorn~: t
t 2."/-0'7 t
· DATE OF DOCUMENT ·
. .
t SIGNER IS REPRESENTING: t
i NAME OF PERSON(S) OR ENTITY(IES) i
. OTHER.
L._._._._._._._._._._._. _._._._._._.~
On ~~ tA ~d" '/ ',;; ()O7>
(DATE)
personally appeared J~ t\ 1-1 ,41"J'7 At '"
tj ed"~~ R, l/o1/oc.et. J;
(NOTARY)
before me,
SIGNER(S)
D personally known to me
~
- OR-
proved to me on the basis of satisfactory
evidence to be the person(,.) whose name~)
is/.ille subscribed to the within instrument and
acknowledged to me that heJ&hr 1biliy executed
the same in his/he' "I:.eir authorized
capacity~), and that by his/kl:lbeir
signature~ on the instrument the person(~,
or the entity upon behalf of which the
person~s) acted, executed the instrument.
I':'" ~:.""" "GE"ORGE"" R." NOV AC"EK" jR."~
-. I Comm. # 1215837 (f)
(J).. ~ . NOTARY PUBLIC. CALIFORNIA
Contra Costa County :
My Comm. Expires April 23.2003
APA 1/94
VALLEY-SIERRA,800-362-3369
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement
Juan & Patricia Amaya
APN 790-02-004
8349 Gaunt Avenue
On March 21,2003, 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.
~d~teID
_ i Si:=OfNmory p{ -Uu~
r:;.......,- -""- ." ....... ..~
~ "~ON~~~N- - J
~ Commission. 1305815
z' Notary Public - California I
j Santa Clara Countr -
_ _ _ ~~_~~1~~1
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
Juan & Patricia Amaya
This is to certify that the interest in real property conveyed by the Right of Entry and
Temporary Construction Easement dated February 1, 2003 from Juan & Patricia Amaya, 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 2
the
I:\CTYCLERK\FORMS\ACCEPT ANCE.DOC
...; '':\."
. -.
Name
Street
Address
Juan Amaya
8349 Gaunt Avenue
DOCUMENT: 16016299 Ti ties: 1 / Pages: 2
. .. ..... ... ._. ""... '"'' ow ,: ~ Fees. ... 10.00
Taxes. . .
Cop i es. .
-eeI6016299- AMT PAID 10.00
RECORDING REQUESTED BY
, .
Alliance Title Company
AND WHEN RECORDED MAIL TO
City, State
Zip
Gilroy, CA
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
AI I lance Title Company
SPACE ABOVE THIS LINE FOR RECORDER'S USE
RDE # 004
12/18/20131
8:00 AM
Order No. 11043522-011-EJM
INTERSPOUSAL TRANSFER DEED
Individual Grant Deed (Excluded from Reappraisal Under Proposition 13)
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
Documentary Transfer Tax is $ -0- THERE IS NO CONSIDERATION FOR THIS TRANSfER.
Parcel No. 790..02-004
I
~
This is an INTERSPOUSAl TRANSFER under Sec. 63 of the Revenue and Taxation Code. Grantee(s) has (have) checked the applicable
exclusion:
(D) From joint tenancy to community property
(D) From joint tenancy to tenancy in common
(D) From one spouse to both spouses (see below)
(D) From one spouse to the other spouse (see below)
(0) To relinquish any community interest and to vest said property
in the name of the grantee as his/her sole and separate property
(0 ) Other
GRANTOR(S):
Patricia Amaya
hereby GRANT(S) to
Juan Amaya, a married man, as his sole and separate property
the following real property in the City of Gilroy
County of Santa Clara, State of California:
See Exhibit A attached hereto and made a part hereof.
~
:J
t
J
.....
h.
Dated: December 10, 2001
STATE OF CALIFORNIA
COUNTY OF Santa Clara
} S. .
On December 10. 2001
before me,
Jane Morrison
a Notary Public in and for said County and State, personally
appeared
Patricia Amaya
personally known to me (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.
j
.
JANE MORRISON ~
Camm. # f 232833
NOTARY PUBLIC. CALIFORNIA (J)
SIr.ll CIlia COll11ly -
.' .. .'"'Y Co",~..E~p!'e6. AV9: :7.20?~ .1
(This area for official notorial seal)
MAll TAX STATEMENTS TO PARTY SHOWN ON THE FOllOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE
Name
Street Address
City & Stale
, .
Exhibit A
All that certain real property situate in the City of Gilroy, County of Santa Clara, State of California, described as follows:
Lot 7, as shown on that certain Map of Tract No. 4351 Northwaad, which Map was filed for record in the office of the Recorder of the
County of Santa Clara, State of California on September 13, 1967, in Book 228 of Maps, page(s) 13 and 14.
EXCEPTING THEREFROM all minerals, coals, oils, petroleum, gas and kindred substances under and in said land, but without the
right of entry of the surface thereof, but with the right however to drill in through or under said land or to explore, develop, or take all
minerals, coals, oils, petroleum, gas and other kindred substances in and from said land, all such operations to be conducted only
below a depth of five hundred feet below the surface thereof.