Kehrer, Robert & Kimberlie - 1207 Sycamore Court
DOCUMENT: 17651341
Pages: 7
When recorded return to:
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City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
ROE f:I 001
3/09/2004
11: 35 AM
SP ACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 1207 Sycamore Ct.
APN: 783-39-028
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
Robert and Kimberlie Kehrer, 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 alon~ear and/or side of
those lots that abut Santa Teresa Boulevard. '\~)
This Easement is granted nnder the express conditions listed ~'~~~"l
1.. Grantor represents ,and warrants that Grantor is the owner4e !:.;"a~ a:d has the exclusive
nght 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 $228.00, 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 ofthe 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. 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.
(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 15t 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 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 ofthe three
(3) month construction period.
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 Propel1y 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 .:J 7 {J.e> <:... ,2001.
GRANTORS:
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Robert Kehrer
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Kimberlie Kehrer
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01-061304706002
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. .
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement
Robert and Kimberlie Kehrer, APN 783-39-028
On February 5, 2002, 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.
WITN,!"Y hand and official seal.
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Signature ofNolary Public
J.~==:.I
I NaIary Public - CaifDmia f
~ Santa C.,. Coumy f
_ _ _ ~~_~~1~~
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
STATE OF CALIFORNIA
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ss.
COUNTY OF
I~ . 2()P I
On t.)U!.e-'~.2 7, ,before me,
appeared R()b':.rf Oi-rlJ k' df~hC'
[g"'personally known to me -OR- 0
, personally
IS 4U. e/ k t:-fJ, e-r
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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 0
the instrument the person(s), or the 0
entity upon behalf of which the 0
person( s) acted, executed the 0
instrument. 0
5J~,~. LL~d
~ ~ ~;J..v,( tL/Jl>
WITNESS my hand and official seal.
UuA.JLu; t;~
SIGNATURE OF NOTARY
/1L~R-<'.Jc...- .:2 '2 .2 (] ,J J
"
CHERRIE BAUER
Notary Publi-c.State of Utah
6659 SOUTH 3380 weST
West Jordan. Utah 84084
My Commission Expires AUG 22. 2004
\JH\519726.1
01-061304706002
-3-
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.
[i;( INDIVIDUAL
o CORPORATE OFFICERS(S)
Title(s)
PARTNER(S) 0 LIMITED
o GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERV A TOR
OTHER:
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
RBF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A"
October 12, 2000
IN 35-100063-34
Page 1 of 1
LEGAL DESCRIPTION
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION EASEMENT
WITHIN LOT 28 OF TRACT NO. 7818
The easterly 8.00 feet of Lot 28 of Tract No. 7818, in the City of Gilroy, County
of Santa Clara, State of California, 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.
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 J./Tami, L.S. 5816
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EXHIBIT "B"
SKfTCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION
EASEMENT WITHIN LOT 28
OF TRACT NO. 7818
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564 M<r: - 51
SYCAMORE CT. }
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aerOBe&? 12, 2000
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CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Robert & Kimberly Kehrer
This is to certifY that the interest in real property conveyed by the Right of Entry and
Temporary Construction Easement dated December 27,2001 from Robert & Kimberly Kehrer, 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 February 8,2002.
(.
i/ J a sa, City Administrator of the
L~fGilrOY