Sanchez, Michael & Naomi - 1206 Sycamore Court8
When recorded return to:
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
No Fili
Fee Govt Code 6103
DOCUMENT:
1691891 2 Titles : 1 / Pages
Fees....* No Fees
Taxes..
Copies.
�eaib51vy1= AMT PAID
RDE # 001
BRENDA DAVIS 3/28/2003
SANTA CLARA COUNTY RECORDER 11:41 AM
Recorded at the request of
City
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 1206 Sycamore Court
APN: 783 -39 -050
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
Michael and Naomi Sanchez, 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 Gilroy, State of California, described in Exhibit "A"
( "Property") attached hereto and made a part hereof.
City desires to acquire a Right of Entry Boulevard Im rovement Project ("Project"). EThe Easement
is the purpose of constructing the Santa Teresa p
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:
I, Grantors represent and warrant that Grantors are the owners of the Property and have the
exclusive right and power to grant this Easement. i monetary compensation will be
that for the g nt irate ghE
2. Grantors acknowl edge of percent (8 %) annually for period of three
paid in the amount of $406.00, based on the
(3) months.
3. Upon receipt of this grant of Ease
all costs associated d w th this l transaction.
City shall arrange for
its recordation. The City will pay any and
4. This Easement is for a period of three � the time
er
not be revoked andshallcontinuepn full force and effeOCt until
December 31, 2004. This Easement shall
such time the construction of the Projectcompleted 2004nan the event ythat the at
ty occupies the
Easement shall terminate; or no later tha n December 3
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 the City. ind ependent will pay
Grantors the value of such
shall be in additionto the purchase
determined by the lowest of three (3) e p
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 ls` 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, meshing and black tarp during the time period
of construction.
(e) Grantors assume all responsibility for prior drainage or drainage system problems that
existed with the current retaining wall.
(f) 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.
3
Executed on this day of 200
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01 -060304706002
RBF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A" ,October 12, 2000
JN 3.5- 100063 -33
LEGAL DESCRIPTION Page 1 of 1
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION EASEMENT
WITHIN LOT 29 OF TRACT NO. 7818
The easterly 8.00 feet of Lot 29 of Tract No. 7818, in the City cpf 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 pf Record.
EXHIBIT attached and by this reference made a part hereof.
S�oLAND SUR`F Patrick J.'Tami, L.S. 5816
aZ No. 5816
Exp.
�TEOF C �ZRIZ
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rkrl �r No, 7J I -(-rj' �
SYCAMORE CT
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30
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55,
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EXHIBIT "B" 1
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION
EASEMENT WITHIN LOT 29
OF TRACT NO. 7818
i
55'
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1
1
SCALE. 1 " = 40'
SHEET 1 OF 1 SHEET
PLANNING ■ D"'ON ■ CONSTRUCTION
14725 ALTON PARKWAY
C Q N S U LT t N CS 949A7Z =5 • FAX 9".472M73 ��, wwj:Vr ?cm
OCTOBER 12, 2000 J.N. 35- 100053'
STATE OF CALIFORNIA
ss.
COUNTY OF f G "— f
On ),1540.w I i ?003 , before me, taco
personally appeared Ai iLAdt ( A c r g4og Alkaift-' IL 8LL,&,gX
❑ personally known to me -OR- W
GEORGE R, NOVACEK JR.
1215837 'R
((� "X IipT;,A,+ W.' :i;�- CALIFORNIA .r
:x.521 COullty
N (Car +lr ;Ian 23,200 �
\JH \554960.1
01 -060304706002
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
.kef�they executed the same in
hiq+w /their authorized capacity(ies),
and that by h sttw /their signature(s) on
the instrument the person(s), or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
WI S my hand and official seal.
oe
NATURE OF 4NOT1^Y
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.
�. INDIVIDUAL
❑ CORPORATE OFFICERS(S)
IN
is
Title(s)
PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN-FACT
TRUSTEE(S)
GUARD IAN /C ON S E R V ATO R
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
Michael and Naomi Sanchez
APN 783 -39 -050
1206 Sycamore 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. =DAB
Cormr fission # 13OW 15
Notary Pubrc - carif
Santa Clara Counter
My Comm Bpirea .fur, 19, 2rM
Signature of Notary Public
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
Michael and Naomi Sanchez
This is to certify that the interest in real property conveyed by the Right of Entry and
Temporary Construction Easement dated January 14, 2003 from Michael and Naomi Sanchez, 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 ranA nn Tannary I(1 7003
I : \CTYCLERK \FORMS\ACCEPTANCE.DOC