25347482 - Right of Entry Agreement - McCarthy Gilroy LLC - Recorded 07/28/2022This Document is Recorded
for the Benefit tf the City of Gilroy
and is Exempt from Fee
per Government Code
Sections 6103 and 27383
When recorded return to:
City of Gilroy
Public Works Department
7351 Rosanna Street
Gilroy, CA 95020
25347482
Regina Alcomendras
Santa Clara County - Clerk -Recorder
07/28/2022 11:24 AM
CONFORMED COPY
Copy of document recorded.
Has not been compared with original.
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Well Number 9 Project
Address: 6601 Cameron Boulevard
Gilroy, CA
APN: 841-84-009
RIGHT OF ENTRY AGREEMENT
This RIGHT OF ENTRY AGREEMENT (the "Agreement") is entered into by and between
McCarthy Gilroy LLC. a California limited liability company ("Grantor"), and the City of Gilroy
("City").
Recitals
A. Grantor is the owner of certain real property located in the City of Gilroy, State of
California, as described in Exhibit "A attached hereto which is incorporated herein by this reference (the
"Property").
B. City desires to acquire a right of entry over, upon and across the Property purpose of
locating and performing exploratory work for a future production well for the City of Gilroy. Grantor is
willing to provide such a right of entry, subject to, and in accordance with, the terms and conditions of
this Agreement.
NOW THEREFORE, the parties hereto agree as follows:
1. Grantor grants a right of entry to City to enter upon the Property for the sole and
limited purpose of locating and performing exploratory work for a future production well for the
City of Gilroy (the "Right of Entry"). City shall not be permitted to use the Property for any
other purpose without the prior written consent of Grantor, which consent may be withheld or
conditioned as Grantor may deem appropriate with the exercise of its sole and absolute
discretion.
2. Grantor represents and warrants that Grantor is the owner of the Property and has
the exclusive right and power to enter into this Agreement and grant the Right of Entry to the
City.
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3. Upon receipt of this Agreement, duly executed and acknowledged, City shall
arrange for its recordation. The Citywill payn and all costs'
g y associated with this transaction
.
n.
1
4. The Right of Entrygranted herein shall continue'
gh in full force and effect until
twelve (12) months from the execution of this Agreement and at such time the Right of Entry
shall automatically terminate without the need of any further action by either party hereto.
Notwithstanding the foregoing, upon the request of Grantor following the expiration or
termination of the Right of Entry, City covenants and agrees that it shall execute and deliver to
Grantor in recordable form a quitclaim deed or other documentation consistent with applicable
law required to remove this Agreement from record title to the Property. No amendments,
modifications, alternations or changes to the terms of this Agreement shall be effective unless
and until made in writing signed by both parties hereto.
5. Prior to utilizing the Property, City shall have obtained all permits, approvals, if
any, from any governmental or quasi -governmental agency necessary for City's use of the
Property as contemplated by this Agreement. City's use of the Property shall at all times comply
with any and all applicable laws, statutes, ordinances and regulations (including, without
limitation, those relating to health, safety, noise, environmental protection, waste disposal, water
and air quality, and worker occupational health and safety).
6. City shall provide Grantor with at least seven (7) days' notice prior to the
commencement of any construction period. Grantor shall have the right to have one or more
representatives of Grantor accompany City and City's agents and contractors while they are on
the Property.
7. The Property shall in no event be used for the storage of vehicles or any
hazardous substance. Such vehicles necessary for the limited purpose of locating and performing
exploratory work for a future production well may be used on the Property, subject to the
approval of Grantor.
8. Upon the expiration and/or termination of the Right of Entry granted herein, the
City agrees, at the City's sole cost and expense, to immediately thereafter repair any damage,
impact, or disturbance to the Property directly or indirectly caused by any acts of City, or its
contractors, employees, or agents and to restore the Property to the condition it was immediately
prior to such damage, impact or disturbance, including, but not limited to, the immediate removal
of anything placed on the Property in connection with City's activities hereon and the
abandonment and demolition of any test well in accordance with the requirements of any
governmental or quasi -governmental agency having jurisdiction over the Property. The City's
obligation pursuant to this Section 8 shall survive the expiration or termination of this Agreement
and/or the Right of Entry granted herein.
9. City hereby agrees to indemnify, defend, and hold Grantor and its members,
partners, agents, and employees (collectively, the "Indemnified Parties") harmless from and
against any and all losses, damages, expenses, liabilities, claims, demands, and causes of action
(together with any legal fees and other costs and expenses incurred by the Indemnified Parties in
connection therewith), resulting directly or indirectly from, or in connection with, any activities
performed or entry on the Property by City or its agents, contractors, or other representatives,
including, without limitation, any losses, damages, expenses, liabilities, claims, demands, and
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causes of action resulting, or alleged to be resulting, from personal injury or death, or property
City's indemnity obligations contained in 'his Section 9 shall
damage, or liens of �n kind. g
g �yy �'
survive the exp � expiration)or termination of this Agre 5 ment and/or the Right of Entry granted herein.
10. City shall keep the Property free and clear of any and all mechanics,' suppliers'
and similar liens. In the event any such liens do attach to the Property, then City shall,
immediately upon written notice from Grantor, post an appropriate bond and take such other
actions as may be necessary to remove the effect of the lien(s). If any such lien is not removed
within thirty (30) days of Grantor's notice to do so, the Right of Entry granted herein shall be
deemed to be automatically terminated.
11. City acknowledges and agrees that the Property has not been prepared in any
manner by Grantor for its use by City, who, after inspecting the Property, agrees to accept the
Property for the purposes set forth in this Agreement in its present condition, subject to all
applicable zoning, municipal, county, state and federal laws, ordinances and regulations
governing and regulating the use of the Property.
12. Unless otherwise set forth in this Agreement, any communication, notice or
demand of any kind whatsoever that either party may be required or may desire to give to or
serve upon the other shall be in writing and delivered by reputable overnight delivery service
designated for delivery on the next succeeding business day with proof of delivery, by personal
service (including express or courier service), by electronic communication, whether by email (if
confirmed in writing sent by U.S. mail), or by registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
Grantor:
City:
McCarthy Gilroy LLC.
210 Almendra Avenue
Los Gatos, CA 95030
City of Gilroy
Attn: Daryl Jordan, Public Works Director
7351 Rosanna Street
Gilroy, CA 95020
13. 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.
14. Venue for any action arising out of or related to this agreement shall be in the
Superior Court for Santa Clara County, or for federal actions, the United States District Court for
the Northern District of California. This agreement shall be construed, interpreted and governed
by and in accordance with the laws of the state of California.
15. 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.
16. This Agreement may be executed in counterparts, each of which shall be deemed
an original, but all of which shall constitute one and the same instrument.
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.��, 2022
Executed on this day of J, �Ut��5 S ; 2021.
GRANTOR:
McCARTHY GILROY LLC,
a California limited liability company
05-7-31/467- 2-
Dated:
CITY OF GILROY:
Dated: (fl1iJfl-
By: The McCarthy Ranch Limited Partnership, By:
a California Limited Partnership, Manager Jim
By: McCARTHY MILPITAS GP, LLC,
a California limited liability company
General Partner
By: :y
Jos = A. McCarthy, Jr. rufite of the
Joseph A. McCarthy, Jr. Irrevocable
Trust, dated December 31, 2012
Member
orbis, City Administrator
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)A Notary Public or other officer completing this certificate verifies ,nly � the identity of the individual who signed the
:document to which this certificate is attached, and not the truthfulnness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF 5.12 •1`) 173 Cj&
ss.
On � �- 2' � ^ ? 2— , before me, (2— g itta caA- wv0 , Notary
Public, personally appeared-3bSe„Pte4 A , Accepter...I-L., y b-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.
WITNESS my hand and official seal.
Seal)
11;,,,,41,,i,,,,,,,,,,,,,,i..ilkomitgoommu,oii
R. BRACAMONTE
Comm. No. 2296831 t
to �, - NOTARY PUBLIC - CAUFORNIA
SANTA CLARA COUNTY
My Comm. Expires July 13, 2023
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EXHIBIT A
Legal Description of Property
[See Attached]
6 of 6
}
EXHIBIT A
LEGAL DESCRIPTION TO ACCOMPANY A GRANT OF A PARCEL OF LAND TO THE CITY OF GILROY
McCARTHY WELL PUMP STATION
ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, BEING A PORTION OF PARCEL 9 AS SHOWN ON THAT CERTAIN PARCEL MAP OF `McCARTHY
BUSINESS PARK', FILED AUGUST 6, 2007 IN BOOK 816 OF MAPS, AT PAGES 48-52, IN RECORDS OF SAID
COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 9, SAID CORNER LYING ON THE
SOUTHWESTERLY LINE OF CAMERON BOULEVARD (A PUBLIC STREET) AS SHOWN ON SAID MAP; THENCE
ALONG THE SOUTHEASTERLY BOUNDARY LINE OF SAID PARCEL, SOUTH 51° 10' 00" WEST 140.37 FEET TO
THE MOST SOUTHERLY CORNER OF SAID PARCEL; THENCE ALONG THE SOUTHWESTERLY BOUNDARY UNE
OF SAID PARCEL, NORTH 32* 11' 48" WEST 137.00 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY
LINE, NORTH 59° 42' 47" EAST 158.15 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY LINE OF
SAID PARCEL AND ON SAID SOUTHWESTERLY LINE OF CAMERON BOULEVARD; THENCE ALONG SAID
NORTHEASTERLY BOUNDARY LINE AND SOUTHWESTERLY LINE, ON A NON -TANGENT CURVE TO THE LEFT,
WITH A BEARING TO THE RADIUS POINT BEING NORTH 70° 04' 56" EAST, WITH A RADIUS OF 1077.00 FEET,
THROUGH A CENTRAL ANGLE OF 6° 13' 39", AN ARC DISTANCE OF 117.06 FEET TO THE POINT OF
BEGINNING.
CONTAINING 18,605 SQUARE FEET OF LAND, MORE OR LESS.
AS SHOWN ON EXHIBIT B (PLAT) ATTACHED HERETO AND MADE A PART HEREOF.
END OF DESCRIPTION
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE
REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYOR'S ACT.
JoHro K. KING
P.L.Si 6809
pal. LAND44. (I'LL co '3 -4. -Zzi
'44,
jOHN K
• DATE
.
e.. •
A. KING
* NO.6809 41C
OF CAVN
EXHIBIT B
PLAT 70 ACCOMPANY A GRANT OFF A PARCEL OF LAND )TO THE CITY OF GIUit7Y.
IN THE COUNIY OF' SANTA CLARA, STATE OF CAUF4RNIA
BEING A PORTION OF PARCEL 9, 'McCARTHY BUSINESS PARK',
FILED IN BOOK 816 OF MAPS. AT PAGES 48-52, SANTA CLARA COUNTY RECORDS.
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MINNOW 011111.111.11
LEGEND
EXISTING LOT LINE
-- -- EXISTING EASEMENT LINE
PARCEL TO BE GRANTED
P.S.E. PUBLIC SERVICE EASEMENT
S.D.E. STORM DRAIN EASEMENT
(R) RADIAL BEARING
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(§:) •<1/4 (643 4g)
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HANNA—BLJNTTI
EST. 1910
CIVIL ENGINEERS • LAND SURVEYORS
CONSTRUCTION MANAGERS
7651 EIGLESERRY ST. ! GILROY, CA 95020
408.842.2173
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Vol ! K.
Date
JN 19075
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Project: 19075dwg
Parcel Map Check
Fri March 04 08:32:22 2022
Parcel name: PARCEL TO BE GRANTED
North: 10779.2746 East : 8001.0101
Line Course: S 51-10-00 W Length: 140.370000
North: 10691.2546 East : 7891.6656
Line Course: •N 32-11-48 W Length: 137.000000
North: 10807.1873 East : 7818.6683
Line Course: N 59-42-47 E Length: 158.152954
North: 10886.9487 East : 7955.2351
Curve Length: 117.059538 Radius: 1077.000000
Delta: 6-13-39 Tangent: 58.586491
Chord: 117.000000
Course In: N 70-04-56 E
RP North: 11253.8517
End North: 10779.2731
Course: S 23-01-54 E
Course Out: S 63-51-17 W
East : 8967.8116
East : 8001.0106
Perimeter: 552.580563 Area: 18,605 sq.ft. 0.43 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0016 Course: S 17-56-33 E
Error North: -0.00155 East : 0.00050
Precision 1: 345,364.057500
ACKNOWLEDGMENT
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 Santa Clara
On June 8, 2022 before me, Thai Nam Namy Pham, Notary Public
(insert name and title of the officer)
personally appeared Jimmy Forbis
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.
WITNESS my hand and official seal.
Signature
(Seal)
THAI NA/ 4 NAMY PHAM
Notary Public - California
Alameda County
Commission # 2256755
My Comm. Expires Aug 31, 2022 p
7
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/QATE:OCTOBER 2cn9
M JOB NO. : 16-2-07t
DESIGN BY: JMC
DRAWN NY: AEC
CHECKEN BY. WAG
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NO DATE
REVISIONS
REVISION
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CONCEPTUAL SITE PLAN
City of Gilroy
Conceptual Site Plan
Gilroy. California
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