Albin, Greg and Sheila - 2395 Mantelli Drive
DOCUMENT: 18321872
RECORDING REQUESTED BY:
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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
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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
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@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 )
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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.
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Signature of Notary Public
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
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