Albin, Greg and Barclay, Sheila - 2395 Mantelli Drive
RECORDING REQUESTED BY:
DOCUMENT: 17300469
11111I111~~ IU IIIIIIII
Pages: 5
Fees.
Taxes.
Copies.
AMT PAID
19.00
19.00
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
ROE ** 009/16A
8/27/2003
12:37 PM
(SP ACE ABOVE THIS LINE FOR RECORDER'S USE)
Encroachment Agreement
2395 Mantelli Drive, Gilroy, CA;
~. .'~
Page 1 of 1
This Agreement is made effective hetween ~.".t?f~~WNERS")' 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
2395 Mantelli Drive, Gilroy, California 95020. All of Lot 44, Tract 9201,
recorded in Book 729 of Maps at Pages 1-18, dated June 23,2000, in the Office
of the Santa Clara County Recorder.
B. The Subject Property is held subject to an easement for a Public Sanitary Sewer
(15 feet wide) extending along the entire westerly side of the Subject Property,
dedicated and shown on Tract 9201.
C. Under the terms of the Easement, buildings and structures generally may not be
located within the easement area.
This agreement relates only to the retaining wall ( structure) within the noted 15'
easement and in no way extends to any other item unless detailed in said
agreement.
D. Owners acknowledge 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 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 only the section of
retaining wall within the 15' easement, 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 whenever the City determines in its sole discretion that the
retaining wall would prevent or impede such activities.
Upon notification, in writing, the City that utility work is completed, owners, their successors
and assigns, may replace the retaining wall with a wall of substantially similar dimensions,
location, and construction, at owners' 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.
Page 2 of2
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
ATTEST:
~~~,
Rhonda Pellin
CITY CLERK
OWNER
1St 2..DO 3 \
IN WITNESS WHEREOF Owner has executed this agreement as 0
OWNER
Page 3 of3
CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of
Santa Clara
}ss
State of California
OnJuly 15, 2003
Date
before me, Patricia K. Bentson, Notary Public,
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared
GREG ALBIN and SHEILA BARCLAY
Name(s) of Signer(s)
D personally known to me
!XI proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)lis1re
subscribed to the within instrumen't~;nd
acknowledged to me that he/sll.~executed
the same in his/her/@ - authorized
capacity(ies), and that by his/her/@.l
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Encroachment Agreement for 2395 Mantelli Drive
Document Date:
July 15, 2003
Number of Pages: 3
Signer(s) Other Than Named Above:
Jay Baksa, City Administrator and Rhonsa Pell
Clty Cl.erk
Capacity(ies} Claimed by Signer
Signer's Name:
Greg Albin and Sheila Barclay
~ Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
o Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other:
Top of thumb here
Signer Is Representing:
@1999 National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402. www.nationalnotary.org
Prod, No, 5907
Reorder: Call Toll-Free 1-800-876-6827
CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Santa Clara
}ss
County of
On
July 15, 2003
before me, Patricia K. Bentson, Notary Publif
Date
Name and Title of Officer (e.g., "Jane Doe. Notary Public")
personally appeared
Jav Baksa and Rhonda Pellin
Name(s) of Signer(s)
D personally known to me
D 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.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Encroachment Agreement for 2395 Mantelli Drive
Document Date:
July 15, 2003
Number of Pages:
3
Signer(s) Other Than Named Above: Greg Albin and Sheila Barclay
Capacity(ies} Claimed by Signer
Signer's Name:
Jay Baksa and Rhonda Pellin
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
~ Other: City Administrator and City Clerk
Signer Is Representing: City of Gilroy
Top of thumb here
@ 1999 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 . www.nationalnotary.org
Prod, No. 5907
Reorder: Call Toll-Free 1-800-876-6827