Suarez, M. America (America Suarez Moreno) - 1210 Willow Court6"
Request by City of Gilroy
recorded return to:
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
No Filing Fee Govt Code 6103
When
DOCUMENT: 18219950
Pages
Fees.... + No Fees
Taxes...
Copies..
AMT PAID
BRENDA DAVIS RDE # 011
SANTA CLARA COUNTY RECORDER 2/04/2905
Recorded at the request of 10:42 AM
City
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
M. America Suarez, 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:
I . Grantor represents and warrant that Grantor is the owner of the Property and have the exclusive
right and power to grant this Easement.
2. Grantor acknowledge that for the granting of said Easement, monetary compensation will be paid
in the amount of $245.00, 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
March 31, 2005. 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 March 31, 2005. 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. 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.
W H1554960.1 -1-
01- 060304706002
(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 I" 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 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 I day ofcsrti.„, , 2004.
GRANTORS:
C !E5 f,6-2- Nk)ren0
M. America Suarez
IJH1554960.1
01- 060304706002
STATE OF CALIFORNIA
ss.
COUNTY OF SAN BENITO
On �1� t, __ , �� t 2004, before me, Edna M. Campero,
personally appeared,
❑ personally known to me -OR -j proved to me on the basis of satisfactory
evidence to be the person(s) whose
name(s) (G�re subscribed to the within
instrument and acknowledged to me that
he /4 khey executed the same in
t��.
hisCerAheir authorized capacity(ies),
-1 and that by his heir signature(s) on
U
`� - -{ er the instrument the person(s), or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and offs I seal.
SIGNATURE NOTARY
1JH1554960.1 _3 _
01- 060304706002
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary
to till in the data below, doing so may
prove invaluable to persons relying on the
document.
❑ INDIVIDUAL
❑ CORPORATE OFFICERS(S)
Title(s)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ 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
M. America Suarez
APN 783 -39 -041
1210 Willow Court, Gilroy, California
On December 3, 2004, 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.
Signature of Notary Public
r, ONOA PEUIN
r4 C-- -runiaabn 0 1305815
Notary Public - California
Santa Clara Court
My Comm. Expires Jun 19,20M r
per GC Sec. 40814; CC Sec. 1181 (Notary Seal)
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rKCrC.H TO ACCOMPANY A
LEGAL U£SCRIPr/ON FOR
SANTA TERESA ROULEVARD
WALL CASEMENT
WITHIN LOT 41
OF TRACT NO. 7818
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500 Ygnaclo Valley Road, Suite 270
Walnut Creek, California. 64596
EXHIBIT "A"
LEGAL DESCRIPTION
SANTA TERESA BOULEVARD
WALL EASEMENT
WITHIN LOT 41 OF TRACT NO. 7818
September 28, 2004
JN 35- 100063 -164
Page 1 of 1
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, described as follows:
COMMENCING at the southwesterly corner of said Lot 41; thence along the southerly line
of said Lot 41, said southerly line also being the northerly right of way line of Mantelli Road
shown on said map of Tract 7818, North 89 °50'00" East 29.66 feet to the TRUE POINT OF
BEGINNING; thence continuing along said southerly line North 89 °50'00" East 1.09 feet to
the beginning of a curve concave northerly and having a radius of 40.00 feet; thence
easterly along said curve 10.40 feet through a central angle of 14 054'09 "; thence non-
tangent from said curve and leaving said southerly line South 89 050'00" West 11.38 feet;
thence South 00 °10'00" East 135 feet to the TRUE POINT OF BEGINNING.
CONTAINING; 11 square feet.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXHIBIT attached and by this reference made a part hereof.
NL L.AINO ahiel W. Bus arnan F , 7030
Busrq�
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Exp-
OF CAv�fo��~
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
M. America Suarez
This is to certify that the interest in real property conveyed by the Right of Entry and Temporary
Construction Easement dated December 1, 2004 from M. America Suarez, 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. 2004 -20
of the City of Gilroy adopted March 15, 2004, 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
#17703402, dated April 6, 2004 and the grantee consents to recordation thereof by its duly
authorized officer.
In witness whereof, I have hereunto set my hand on October 4
Jay B kka, City Administrator of the
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I: \CTYCLERK\FORMS\ACCEPTANCE -Temp Const Easemert.DOC