Royer, Byron & Noreen Trust - 8471 Gaunt AveWhen recorded return to:
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT: 16546666
111111111111 !11111111111 I
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Titles:] / Pages 7
Fees....* No Fees
Taxes...
Copies..
AMT PAID
RDE # 003
10/18/2002
9:13 AM
ACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 8471 Gaunt Ave.
APN: 790 -03 -077
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
Byron & Noreene Royer, Trustee of the Byron & Noreen Royer Trust dated 1999, 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 $240.00, 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 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.
(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' 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 of the 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 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 455 /0 l 2001.
V , 9' s: ` C
Byron V. Royer, Trustee
Noreen Royer, Trustee Rhon
, City Administrator
Pellin, City Clerk
I�
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement
Santa Teresa Boulevard Project Improvement
Byron & Noreene Royer, Trustee of the Byron & Noreen Royer
Trust
APN 790 -03 -077
On November 30, 2001, 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.
Z hand and 1 seal.
f Notary Public
per GC Sec. 40814; CC Sec. 1181
=PO1N
sCommloo on i 13MIS
Nobuy Pub®a - tofftnia
Sant Clara Couna
alcmm AM 19, 2006
(Notary Seal)
STATE OF CALIFORNIA
ss.
COUNTY OF _5'a,-4 Clava
On 4rto . / ,iOU ,before me, 46coy4c /Vaul+ct4, personally
appeared A4,;,, 1l &.,j i` ..j 4e e ,
❑ personally known to me -OR- A
GEORGE R. NOVACEK JR.
Comm. # 1215837
NOTARY PUBLIC -CALIFORNIA
Contra Costa County
oWi Comm, Expires April 23, 2003
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
ha l&e /they executed the same in
hi&4wr /their authorized capacity(ies),
and that by 1}i$4w /their signature(s) on
the instrument the person(s), or the
entity upon behalf of which the
person(s) acted, executed the
instrument
WITNESS my hand and official seal.
_'J� e ;?;�
SIOWTURE OF NOTARY
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.
1N]
INDIVIDUAL
CORPORATE OFFICERS(S)
Title(s)
PARTNER(S) ❑ LII&TED
❑ GENERAL
ATTORNEY -IN-FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER:
SIGNER IS REPRESENTING'
Name of Person(s) or Enttty(ies)
RBF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A" October 12, 2000
JN 35- 100063 -77
LEGAL DESCRIPTION Page i of 1
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION EASEMENT
WITHIN LOT 21 OF TRACT NO. 7639
The westerly 8.00 feet of Lot 21 of Tract No. 1639, in the City of Gilroy, County
of Santa Clara, State of California, as shown on a map thereof filed in Book 534
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.
Patrick J. ami, L.S. 5816
No. 5816
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CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Byron V. & Noreene Royer, Tustee
This is to certify that the interest in real property conveyed by the Right of Entry and
Temporary Construction Easement dated August 1, 2001 from Byron V. & Noreene Royer,
Tustee, 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 Decem Pr 4 2001.
7aBa ra—, City Administrator of the
Citp of Gilroy