Nakano, Nancy - 2224 Banyan CourtRECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Shawna Freels
City 'of Gilroy "
73 51., Rosanna• Street
Gilroy,-CA= 95020
h
23744951
Regina Aleomendras
Santa Clara County - Clerk-Recorder
09/05/2017 09':26 AM
Titles: 1 Pages: 5
Fees: $37.00
Taxes: 0
Total. 37.'00
(SPACE ABOVE THIS LINE FOR RECORDER'S'USE)
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Encroachment Agreement -
=�.. 2224 Banyan Court, Gilroy,,CA' -
_ -
K.P.N. 783-72-042 t,
This Agreement is made effective between: Nancy Nakano, ( "OWNER "), and the CITY OF
GILROY ( "CITY"), 7351 Rosanna Street, Gilroy, California 95020, as follows:
A. Owner holds fee title to the real property located at 2224 Banyan Court, Gilroy,
CA, A.P.N. 783 -72 -042.
B. The Subject Property is held subject to an easement for Public Service Easement
(P. S. E.) per Tract No. 9473 (Country Estates, Phase 3).
C. Under the terms of the Public Service Easement ( "Easement "), buildings and
structures generally may not be located within the easement area.
D. Owner acknowledges that a low retaining wall will exist within the Easement and
that it constitutes a "structure" prohibited by the terms of the Easement.
NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as
follows:
City shall allow the retaining wall to remain at this time. In so doing, City expressly does not
abandon the Easement or waive any rights thereunder, and Owner, their heirs, successors and
assigns, derive no basis for a claim of prescriptive rights.
Owner, their heirs, successors and assigns, hereby agree to remove the retaining wall at their
sole expense immediately upon a direction to do so by the City, to allow the City to exercise
any rights allowed to it under the Easement (including, without limitation, installation,
replacement, or repair of public utilities within the Easement) whenever the City determines
in its sole discretion that the retaining wall would prevent or impede such activities.
Upon notification by the City that utility work is completed, owner, their successors and
assigns, may replace the retaining wall with a wall of substantially similar dimensions,
location, and construction, at owner' sole expense. Any replacement retaining wall shall be
subject to the removal requirements of Paragraph 2
Upon full execution by the parties hereto, this Agreement shall be recorded in the Office of
the Recorder of Santa Clara County.
It is the express intent of the parties hereto that this Agreement shall be a covenant running
with the land and shall bind their respective heirs, successors and assigns.
This Agreement sets forth the entire agreement of the parties regarding this subject matter and
supersedes any prior oral or written agreements. This Agreement may not be modified except in
a writing signed by the parties hereto, or by their respective heirs, successors or assigns, as
appropriate.
IN WITNESS WHEREO , ity has executed this agreement as of
ATTEST: _ �' _ CITY OF GILROY
CITY
Gabriel A. Gonzalez
CITY ADMINISTRATOR
IN WITNESS WHEREOF Owner has executed this agreement as of � —) �6 —/ %
OWNER
cy Nakano
PLEASE SEE ATTACHED
CALIFORNIA NOTARY FORM
CALIFORNIA . •D
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California (alla-
y )
County of S Q Vl- +CL )
On ^lb— before me,«k� tie
Date Here
personally appeared
h�vKo�t`cL, lVo`f'avy' r
Name and Title of the Officer
/ kame(s) of Signer(s)
who 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 the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
MICHELLE ANTONONCZ WITNESS my hand and official seal.
Notary Public - California
< : Santa Clara County i Signature
Z Commission # 2195590 g
My Comm. Expires Jun 1, 2021 Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document A' ?N. 5 $3 ?° O S/Z_
Title or Type of Document: e4ic y'OOLCV i Wt aaJ' A Document Date: �' ' l L
Number of Pages:_ Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
f Other: 6 E4,) A ty /Z_
Signer Is Representing:
Signer's Name:,
❑ Corporate Of
❑ Partner — ❑
❑ Individual
❑ Trustee
❑ Other:�
Signer Is R9 re
— Title(s):
Bneral
in Fact
or Conservator
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@2014 National • Association www.NationaiNotary.org 811 " (1-800-876-6827) 91
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ACKNOWLEDGMENT CALIFORNIA ALL-PURPOSE •D
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of .Jn r +a Clara )
On AiAO,us+ 214 Z o 11 before me, San Artr E' Nava Notar- Pu b C
Date Here Insert Name and Title of the Offilcer
personally appeared Gabr;e � k Gonzalez
Name(s) of Signer(s)
who 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 /therr signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
SANDRA E. NAVA WITNESS my hand and official seal.
Commission #t 2086119
Z Notary Public - California i
z Santa Clara County ' Signature
M Comm. Tres Nov 11, 2018 Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Doctunent
Title or Type of Document: E,nr roach Anent Agrf e Olen Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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