Fonseca, Vidal & Filberto - 1136 Del Oro WayWhen recorded return to:
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
No Filing Fee Govt Code 6103
DOCUMENT: 1776$355
Pages: 7
Fees.... * No Fees
Taxes..
Copies..
AMT PAID
BRENDA DAVIS RDE # 012
SANTA CLARA COUNTY RECORDER 5/05/2004
Recorded at the request of 3:43 PM
City
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 1136 Del Oro Way
APN: 783 -37 -067
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Vidal and Filberto Fonseca, 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 $185.00, based on the rental rate of eight percent (8 %) annually for a period of three
(3) months.
3. upon r ceipt of this grant of Easement, duiy executers and acknowledged, City shaii arrange for
ids 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.
UH1613443.1
01 -012104 -04706002
(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 s` 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 ur drainjgc systerii 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. 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 �� , 2004
Vidal Fonf6ca
i ..��
Rhonda Pellin, City Clerk
1JH1613443.1 _2_
01 -012104-04706002
STATE OF CALIFORNIA
ss.
COUNTY OF Santa Clara
On 4 -21 -04 before me Patricia K. gga
Begnall
P Y
appeared nseca anc i er ronseca
❑ personally known to me -OR- ED proved to me on the basis of satisfactory
evidence to be the person(s) whose
name(s) is /6—re:)3ubscribed to the within
instrument and acknowledged to me that
he /she /6y executed the same in
his /her/ 1eir � authorized capacity(ies),
and that by his /her /tI e `'gnature(s) on
the instrument the person(s), or the
entity upon behalf ;;f which t1;e
person(s) acted, executed the
instrument.
• my hand and official sea
SIGNATURE OF NO ARY
14 lM1�g M HrMN
CWWM*n 11417U
I
"WV Nd. Ca�N
1JH1613443.1
01 -012104-04706002
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.
El INDIVIDUAL
❑ CORPORATE OFFICERS(S)
Title(s)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ A T TWNT EY -IN -FACT
TRUIS T EE(S)
❑ GUARDIAN /CONSERVATOR
❑ 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
Vidal and Filberto Fonseca
APN 783 -37 -067
1136 Del Oro Way, Gilroy, California
On April 26, 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.
Signature of Notary Public
per GC Sec. 40814; CC Sec. 1181
�.
(Notary Seal)
RBF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A"
LEGAL DESCRIPTION
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION EASEMENT
WITHIN LOT 24 OF TRACT NO. 7851
December 21, 2000
JN 35- 100063 -44
Page 1 of 1
The easterly 8.00 feet of Lot 24 of Tract No. 7851, in the City of Gilroy, County
of Santa Clara, State of California, as shown on a map thereof filed in Book .567
of Maps at Pages 21 and 22 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.
Ul �G61iL'
AND SU�,`F Patrick J. 7ami, L.S. 5816
LAMES l `�
License Expires: 6/30/04
No. 5816
Exp. G �� 135.wpd
\f OF CA��F
EXHIBIT "B" SCALE.- 1 ° = 40'
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
SANTA TERESA BOULEVARD SHEET 1 OF 1 SHEET
TEMPORARY CONSTRUCTION PuNNINO ■ 0E810N ■ COMBTRUCTIOH
EASEMENT WITHIN LOT 24 fMF
OF TRACT NO. 7851 ■ ■ ■ I4725 ALTON PARKWAY
CONTAINING: 370 SQ. FT 9Z202. 5 ,za �
D£CElp=R 21, 2000 J. N. J5- 100063
It IPDATA (J510006Jlu)rGIMAPPlA61T;71 1TS105.AIX135_awr,
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EXHIBIT "B" SCALE.- 1 ° = 40'
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
SANTA TERESA BOULEVARD SHEET 1 OF 1 SHEET
TEMPORARY CONSTRUCTION PuNNINO ■ 0E810N ■ COMBTRUCTIOH
EASEMENT WITHIN LOT 24 fMF
OF TRACT NO. 7851 ■ ■ ■ I4725 ALTON PARKWAY
CONTAINING: 370 SQ. FT 9Z202. 5 ,za �
D£CElp=R 21, 2000 J. N. J5- 100063
It IPDATA (J510006Jlu)rGIMAPPlA61T;71 1TS105.AIX135_awr,
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Vidal and Filberto Fonseca
This is to certify that the interest in real property conveyed by the Right of Entry and
Temporary Construction Easement dated March 14, 2004 from Vidal and Filberto Fonseca, 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 h
I: \CTYCLERK\FORMS\ACCEPTANCE. DOC