Johnson, Laird A. - 1210 Willow Court (2)
DOCUMENT:
16918910
Tit I es:1 1 Pages: 7
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
ROE l=l 001
3/28/2003
11: 41 AM
No Filing Fee Govt Code 6103
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 1210 Willow Court
APN: 783-39-041
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
Laird A. Johnson, Trusttee, 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 $337,00, 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 3], 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
\JH\554960.1
01-060304706002
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 151 year warranty period following the
completion ofthe 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) All parties to this agreement understand and agree that, at the request of Grantor, the City
will remove from the area covered by this agreement the coastal redwood trees (sequioia
semperviren) in a professional and workmanlike manner. This will include cutting down
and removal of trees, vegetation, and any resulting stumpage.
(f) Grantors assume all responsibility for prior drainage or drainage system problems that
existed with the current retaining wall.
(g) 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 Z :Jfj,f, 20# Y
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REF Consulting
1981'N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A"
Rev. April 23, 2001
October 12, 2000
IN 35-100063-29
Page 1 of 2
LEGAL DESCRIPTION
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION EASEMENT
WITHIN LOT 41 OF TRACT NO. 7818
That certain parcel of land situated in the City of Gilroy, County of
Santa Clara, State of California, being that portion of Lot 41 of
Tract No. 7818 as shown on a map thereof filed in Book 564 of Maps at
Pages 50 and 51 in the Office of the County Recorder of said Santa
Clara County, said portion being more particularly described as
follows:
COMMENCING at the most northerly corner of said lot; thence along the
northeasterly line of said lot South 58045'02" East 88.24 feet to an
intersection with a line parallel with and 8.00 feet westerly of the
easterly line of said lot and the TRUE POINT OF BEGINNING; Thence
along said parallel line South 04056'17" West 37.13 feet; Thence
leaving said line, South 47055' OS" West 29.74 feet; Thence South
89050'00" West 15.91 feet; Thence South 00010'00 East 8.00 feet to a
point in the southerly line of said lot, distant thereon
North 89050'00" East 23.75 feet from the southwesterly corner of said
lot; Thence along said line North 89050'00" East 7.00 feet to the
beginning of a curve to the left having a radius of 40.00 feet;
Thence along the sGutheasterly line of said lot along said curve
through a central angle of 84053'43", an ~rc distance of 59.27 feet;
Thence along the easterly line of said lot North 04056' 17" East 23.85
feet to the northeasterly corner of said lot; Thence along the
aforesaid northeasterly line of said lot North 58045'02" West 8.92
feet to the TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM that portion of said lot ly.i:ng southeasterly of
the follo0ing described line:
COMMENCING at the most northeasterly corner of said lot; Thence along
said easterly line South 04056'17" West 23.85 feet to the beginning
of a curve to the right having a radius of 40.00 feet; thence along
the southeasterly line of said lot, along said curve through a
central angle of 23044'18", an arc distance of 16.57 feet to the TRUE
POINT OF BEGINNING;. Thence leaving said line South 47055' 05" West
26.36 feet to the southeasterly line of said lot.
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of
Record.
EXHIBIT attached and by this reference made a part hereof.
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Patrick. Tami, L.S. 5816
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NO, BEARING DISTANCE
LINE TABLE
EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION
EASEMENT WITHIN LOT 41
OF TRACT NO. 7818
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8.92'
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CONSULTING
SCALE: 1" = 40'
SHEET 1 or 1 SHEET
PLANNING . DE:5IGN . CCJNSTRUCTION
14725 ALTON PAfY(!HAY
ffliI'E. CALFOfINlA 92516-2027
949.472.3505 . FAX 949.472.8373 . wwwRBF.com
APRIL 23, 2000 J, N, 35- 100063
It \PDA TA \35 100063\DWG! \MAP\EXHIBI TS\063EX029, DWG
STATE OF CALIFORNIA
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COUNTY OFJdJ~ CId.,,~
o personally known to me -OR- ~ proved to me on the basis of satisfactory
evidence to be the person(~ whose
name(oil') is/ail: subscribed to the within
instrument and acknowledged to me that
he/~y executed the same in
..." 'GEORGE "R: NOVAC"EK' jR."~ ~~S~ht~~~R;~ hi~~~~~~~~~~ Si~~~;~;:~~~e~~
Comm. # 1215837 Ul the instrument the person(.). or the
NOTARY PUBLIC. CALIFORNIA _ entity upon behalf of which the
Contfa Costa County .. person~) acted executed the
Mv Comm, Explles April 23,2003 . '
l11strument.
WITNESS my hand and official seal.
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\JH\554960.1
01-060304706002
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
~ TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
STATE OF CALIFORNIA )
)ss,
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement
Laird A. Johnson, Trustee
APN 783-39-041
1210 Willow Court
On January 30,2003, 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.
WITNESS my hand and official seal,
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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
Laird A. Johnson, Trustee
This is to certify that the interest in real property conveyed by the Right of Entry and
Temporary Construction Easement dated January 25,2003 from Laird A. Johnson, Trustee, 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 January 30,2003,
I:\CTYCLERK.\FORMS\ACCEPT ANCE.DOC