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Albin, Greg and Sheila - 2395 Mantelli Drive DOCUMENT: 18321872 RECORDING REQUESTED BY: 11111111111111111111111111111111 Fees. Taxes. Copies. AMT PAID ,,""";, ... Pages: 6 22.00 22 00 City of Gilroy BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City WHEN RECORDED, MAIL TO: Rhonda Pellin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 ROE ** 008 4/13/2005 2:00 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Encroachment Agreement 2395 Mantelli Drive, Gilroy, CA Page 1 of 3 This Agreement is made effective between Greg Albin and Sheila Albin, ("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 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 15-foot wide Public Sanitary Sewer Easement, a 44 foot wide Public Use Easement (PUE), a 44 foot wide Ingress/Egress Easement (EE), and a 44 foot wide Public Storm Drain Easement (PSDE) all located in the south westerly area of the Subject Property, dedicated and shown on Tract 9201. C. Under the terms of the Easements, buildings and structures generally may not be located within the easement area. This agreement relates only to the gate with the 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 the two pillars 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 gate with the 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 15-foot wide Public Sanitary Sewer Easement, a 44 foot wide Public Use Easement (PUE), a 44 foot wide Ingress/Egress Easement (EE), and a 44 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 if the 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. Page 2 of 3 Upon notification, in writing, by the City, when utility work is completed or the ingress/egress access is not in immediate need, owners, their successors and assigns, may replace the gate with the two (2) pillars (structure) with the gate with the two (2) pillars (structure) of substantially similar dimensions, location, and construction, at owners' sole expense. Any replacement of the 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<---r}Vt/~~cl\../~, wof ~T~T: ~u(r,-Q~'A_' Rhonda Pellin CITY CLERK a a MINISTRA TOR OWNER IN WITNESS WHEREOF Owner has executed this agreement a OWNER Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~,Q('~X:>-G('~~-<K~..Q{:.~&''f'&~~~~'..~&~~Et::~;.C('~'X'~~~~~:<''Yi..~""~~'f:~:l::~~'<''''';<',,;<'-c('~~':LQ( State of California County of 0(t1A---~- C l~ On n{a/cc-~'-I ()/ cOO S'~, before me, }ss (J'Lfyul^-. ell, fl '/..--DI-cuu- L-t-bll 'c Date Name and Title of Officer (e.g. "Jane Doe, Notary ublic") personally appeared G--r~ AI 0; n Name(s) of Signer(s) J~- ~... M... .r"'1l~~ -~ ", AMONDA PEl.UN i-+~~<j~ ~-;=~= i SlInta Clara Ccu1tr ~ - - ~~~~1~~1 D personally known to me PEl.I.II .'3051" - Cdt'anIII I8ra Countr . .bI19.2DD5 Q 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. Place Notary Seal Above WITN~ y}and a, nd oWal. I /ll)/lflffl-p fJ::'~~ ' Signature of Notary Public 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 I)ocument. . ( '\ rJ\ " .,' " . ", , ' Title or Type of Document: cf Ate )c,O{1' d, 1)\ (0\ .1' /--'0 ~e. 'm...e~ L ~ c:} S- r'U&./1\....1tLl ( AC~ I u..t. 0-t{ f60 <.. I (,.~ Document Date: fl.{ <t/t d,- I () L() '0 \' Number of Pages: 3 ) s'he~\o, /i-\\o',V'- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: G-I'^ e j f-1 I b'l" l';l1 Individual o Corporate Officer - Title(s): D Partner - D Limited 0 General o Attorney in Fact [J Trustee [J Guardian or Conservator [I Other: Top of thumb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General [] Attorney in Fact o Trustee :=: Guardian or Conservator I~ Other: RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: '5.z ( r Signer Is Representing: *,~'<'~'%'<'4~<,~~~'('~"<''''..-'C(,'C(,'<'4'C(.,%'G<;,~'C(.'(;',(xx:.'<:X.'<:X.~.(;~'~''<''4'C(.'C(,'<X.~'C'~'C(.~'%~~~'<X.~~~Q:: @ 2004 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT X::~;&7~&<:S<'x,'<'~'cY:'~<-'<'-GC.~~&,-G('<X"(:S&{:~~,{;X>!&<:~"'<'&1::&..'<:&'f:..4i.f:&'ii&,{;~~Xf<'~S<'&k. State of California ,5/~ LLfLtfl-- personally appeared 5 h f' I t( AYl 0 /3CCAClcLI 4/ h ,'Y) Name(s} of Signe!(s) 109. / . . ~'nJ.~Qt--L'Lc"-' ~ WL-C iUli'C "-- , Name and Title of Officer (e.g., "Jane Doe, Notary Publi " County of On '--Yf1tu''-.cA.._ /0, ~ before Date ' me, D personally known to me J.... -- ~ ~" ~',~_"c, '.., .' RHONDAPElJ.JIt ~',. ....-..'..",......,'.,....,.., CornmIuIon.13Cl!581' . ~ -H.. ,. i'~'c'i':~,:.. ~~=- j ~ _ _ ~~_~~1~~t lS4 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. Place Notary Seal Above WIT t:)p~," Y hand an~ ~I se. aL :-n/nt~Jk~/L.{A''- ' Signature of Notary Public OPTIONAL Though the information below is not required by law, it may provlJ valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Dqcument Title or Type of Document: ~/pL<"..^--,-oa: ClC.pJ-L<??<-r Document Date: JI{aAcf.\. 10, -7/) 0 S- I ~'1-C<'r)--L(>1cf- -Z3 l' ') I'lL tl/t<...'lt.LL'i' . Cir ,'(..<.-c (9.,1 C ;C-<<'y C4 Number of Pages: 3 Signer(s) Other Than Named Above: 5::/:r t~" C:.. r e CJ A ( b ;"/1 J Capacity(ies) Claime.d by Signer(s) Signer's Name: ~ k t., It<. 4--( \0; H. 1S4' Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact LJ Trustee Q Guardian or Conservator [J Other: Top of thumb here Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General " Attorney in Fact D Trustee [J Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: S.fA (,.'- Signer Is Representing: C<'i'T:(~'Qz't',(,'<)(;..'<:'X.'i7'(,.'('~~'<X.~~~~'<X.'<'~'<',(:,~~,cO('~~~~~~'Q,(,'C<;.~~'<:'X.~;;.::;s.~~,J.~'<',(:,~~'C<;.~~~ @2004 National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Encroachment Agreement - 2395 Mantelli Drive, Gilroy, CA On March 16,2005, 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. ~. Signature of Notary Public per GC Sec. 40814; CC Sec. 1181 (Notary Seal) J~,~ -~ -~;~~- :;;; ~.. CcmmlSSlon#1305a15 J ~ v . ...;,. : r~otary Public - Caljrtlmll!! I J,,', "';".;,'.:~ ... S::nta Cf?ra CountJ ~- J. -- r..fty ,-":7:~". E::;mea Jun 19 20n5 -(~"...v;:'Q",\~,..':::,::>.'.,;'- --'._'--;-~~~y"