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Abbott, Eric and Kathleen - 2445 Olea Court DOCUMENT: 18360680 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Rhonda Pellin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City Fees. Taxes. Copies AMT PAID I r-" /", j d 0, ..-CJ Pages: 5 19.00 19.00 RDE ** 009 5/09/2005 9:50 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Encroachment Agreement 2445 Olea Court, Gilroy, CA 95020 This Agreement is made effective between Eric Abbott and Kathleen Abbott, ("OWNERS"), and the CITY OF GILROY ("CITY"), 7351 Rosanna Street, Gilroy, California 95020, as follows: A. Owners hold fee title to the real property located at 2445 Olea Court, Gilroy, California 95020. All of Lot 47, Tract 9201, recorded in Book 729 of Maps at Pages 1-18, dated June 23, 2000, in the Office ofthe Santa Clara County Recorder. B. The Subject Property is held subject to an easement for a 22-foot and wider Public Sanitary Sewer, a 22-foot and wider Public Use Easement (PUE), a 22-foot and wider Ingress/Egress Easement (EE) and a 60-foot wide Public Storm Drain Easement (PSDE) located in various locations ofthe Subject Property, dedicated and shown on Tract 920 I. C. Under the terms of the Easement, buildings and structures generally may not be located within the easement area. This agreement relates only to a gate with two (2) pillars (structure) within the noted easement and in no way extends to any other item unless detailed in said agreement. D. Owners acknowledge that a gate with two pillars (structure) will exist within the Easement and that it constitutes a "structure" prohibited by the terms ofthe Easement. NOW, THEREFORE, in consideration ofthe mutual promises herein, the parties agree as follows: City shall allow a gate with two (2) pillars (structure) to be built at this time. In so doing, City expressly does not abandon the Easement or waive any rights thereunder, and Owners, their heirs, successors and assigns, derive no basis for a claim of prescriptive rights. Owners, their heirs, successors and assigns, hereby agree to remove the pillars and gate within the 22-foot and wider Public Sanitary Sewer, a 22-foot and wider Public Use Easement (PUE), a 22-foot and wider Ingress/Egress Easement (EE) and a 60-foot wide Public Storm Drain Easement (PSDE), at their sole expense immediately upon a direction to do so, in writing, by the City, to allow the installation, replacement, or repair of public utilities within the Easement or ifthe need exists for full access of the ingress/egress easement whenever the City determines in its sole discretion that the pillars and gate would prevent or impede such activities. Upon notification, in writing, by the City, when utility work is completed or the ingress/egress access in not in immediate need, owners, their successors and assigns, may replace the gate with the two (2) pillars (structure) with a gate and two (2) pillars (structure) of substantially similar dimensions, location, and construction, at owners' sole expense. Any replacement ofthe gate with the two (2) pillars (structure) 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 WHEREOF, City has executed this agreement as of a..j (1'2- /O~. I ATTEST: 42 .. n~(~~ Rhonda Pellin CITY CLERK sa Y ADMINISTRATOR IN WITNESS WHEREOF Owner has executed this agreement as Of:~ ~'~ OWNER ~~ - By: Eric Abbott ~~#)V~ By: Kathleen Abbott OWNER G:\COMDEV\ENG\MARIL YN\Agreements\2445 Olea Ct..doc STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Encroachment Agreement, 2445 Olea Court, Gilroy, CA 95020 On April 19, 2005, 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. ~;}~~A4~' SIgnature of Notary Pubhc ~.- ~.~....-.- ~;~.- - f .. " CanwniuIon.1305811 I ....,;.1 Notary PublIc - Cdfamfa I ~ 8arda c-. County f _ _ _ ~~_~"':.:~.1~~ per GC Sec. 40814; CC Sec. 1181 (Notary Seal) STATE OF CALIFORNIA COUNTY OF SANTA CLARA On, 4/12/05 , before me, Josephine C. Nocon, a notary public, personally appeared Eric Abbott & Kathleen Abbott personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name is,Lare 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 personW acted, executed the instrument. F'AVAVH"H""HHAVHAVAVHH"i !~- JOSEPHINE C. NOCON~ ;: _ . COMM. 1329709 "I C) ~ NOTARY PUBlIC - CAlIFORNIA - 2 SANTACLARACOUNTY :J~ My Comm. Expna NOV. 11. 2005 1s""""HHH"HAV,.,.,,,.,.,.'HHAVA WITNESS my hand and official seal. ~~ . GN TUREOFNOTARY (OPTIONAL) Though the data below are not required by law, they may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER: Owners SIGNER IS REPRESENTING: DESCRIPTION OF A TT ACHED DOCUMENT: Encroachment Agreement TITLE OR TYPE OF DOCUMENT Two (2) NUMBER OF PAGES April 12, 2005 DATE OF DOCUMENT