Royer, Byron & Noreene - 8471 Gaunt Avenue (2)When recorded return to:
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT: 16165426 1 Titles 1 / Pages
LAMTPAID * No Fees
wO 161654260
BRENDA DAVIS RDE # 003
SANTA CLARA COUNTY RECORDER 3/19/2902
Recorded at the request of 2:21 PM
City
SPACE 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 V. and Noreene Royer, Trustee of the Byron & Noreene Royer Trust Dated 1997, 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. hl 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.
1JH1519726.1
01 -061304706002
(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 st 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 9 0 2001.
G ORS:
Byron V. Royer, Trustee
/ �� i Z- I i �
Noreen Royer, Tru e
ALL - PURPOSE ACKNOWLEDGMENT
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• State of California
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' County of �5a i, 4"c) C IA v4
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' On k4gys 1, 2001 before me,
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personally appeared 190 -O✓1 1/. c)Yiaf A/oms
(NOTARY) 0
og lfg4ize., %`'µs�es '
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SIGNER(S
I❑ personally known to me - OR-
proved to me on the basis of satisfactory '
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evidence to be the person & whose name •
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and
is (are ubscribed to the within ins '
acknowledged he/sh the executed
ed to me that •
g he/she
'
the same in his /her/ heir authorized '
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capacit (ies) and that by his /her heir •
' GEORGE R. NOVACEK JR.
signature s) on the instrument the perso s , '
• — Comm. # 1215837
NOTARY PUKUC-CWFOiNIA
or the entity upon behalf of which the •
rmta coasltj a
person () cted, executed the instrument.
• �j'P vQ it . ExpinS Ap;d 2i, 200a 4
•
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iWITNESS
'
my hand and official seal. i
'
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NOTARY'S SCNATURE I
• OPTIONAL INFORMATION
IThe information below is not required by law. However,
it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
•
' CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
DESCRIPTION OF ATTACHED DOCUMENT 1
❑ INDIVIDUAL
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! ❑ CORPORATE OFFICER
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'
TITLE OR TY E OF DOCUMENT ' PF
TITLE(S)
' ❑ PARTNER(S)
'
• ❑ ATTORNEY -IN -FACT
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TRUSTEES
'
NUMBER OF PAGES
• ❑ GUARDIAN /CONSERVATOR
•
' ❑ OTHER:
I
DATE OF DOCUMENT
! SIGNER IS REPRESENTING:
!
' NAME OF PERSON(S) OR ENTITY(IES)
'
� OTHER �
L•_•_•_•_•_•_•_.
_._._._.
_._._•_•
APA 1/94 VALLEY - SIERRA, 500- 362 -3369
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement
Byron V. and Noreene Royer
APN 790 -03 -077
On March 14, 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.
WITNESS my hand and official seal.
Sigiature of Notary Public
per GC Sec. 40814; CC Sec. 1181
RHONDA P57.1S1
vCahn lion # 13061115
Notwy Public - canon t
Santa clan county
UlCornnt F JLM 192 2005
(Notary Seal)
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. 7639, 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.
PaXt r
�tA1'aSU ._ Patrick J. ami, L.S. 5816
Z No. 5816
Exp. rp'�c�•r� -r a
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EXHIBIT "B3
SKETCH TO ACCDMPANY A
LEGAL DESCRIPTION FOR
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION
EASEMENT WITHIN LOT 21
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333 32
30' 30' 9
7539
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SHEET I OF I SHEET
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CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Byron V. and Noreene Royer, Trustee of the Byron & Noreene Royer Trust Dated 1997
This is to certify that the interest in real property conveyed by the Right of Entry and Temporary
Construction Easement dated August 8, 2001 from Byron V. and Noreene Royer, Trustee of the
Byron & Noreene Royer Trust Dated 1997, 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 19, 2002 .