Chernoff, Dawn - 5990 Baltusrol Drive
DOCUMENT: 19790291
RECORDING REQUESTED BY:
" " "I "I "" "I ,,/I I "
City of Gilroy
Fees.
Taxes.
Copies.
AMT PAID
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Pages:
6
24.00
24.00
WHEN RECORDED, MAIL TO:
Shawna Freels
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
ROE ** 010
3/25/2008
2:49 PM
(SP ACE ABOVE THIS LINE FOR RECORDER'S USE)
Encroachment Agreement
5990 Baltusrol Drive, Gilroy, CA
Page 1 of3
This Agreement is made effective between Dawn Chernoff , ("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 5990 Baltusrol Drive, Gilroy,
CA recorded in Book 810 of Maps -1L at Pages 001 dated June
2 L 2005, in the Office ofthe Santa Clara County Recorder.
B. Owners acknowledge that the Columns will exist within the City Right of Way
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 Columns to be built at this time. In so doing, City expressly does
not abandon the Right-of-Way 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 column at their sole
expense immediately upon a direction to do so by the City, to allow the installation,
replacement, or repair of public utilities or public works construction including roadway
widening within the Right of Way whenever the City determines in its sole discretion that the
column would prevent or impede such activities.
Upon notification by the City that work is completed, owners, their successors and assigns,
may at the sole discretion and approval of the City replace the retaining wall with a wall of
substantially similar dimensions, location, and construction, at owners' sole expense. Any
replacement column shall be subject to the removal requirements of Paragraph 2 and
replacement approval of this Paragraph 3.
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 ofthe 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.
Page 2 of3
IN WITNESS WHEREOF, City has executed this agreement as of I1AKC H g I, }! oC'J>'
c~
Anna J atczak
INTERIM CITY
IN WITNESS WHEREOF Owner has executed this agreement as of 3- L.J-;l.OO g.
OWNER
D~~
Dawn Chernoff
OWNER
Page 3 of3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.
State of California
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County of -5/4 JJ 1ft C L JClJ<2 A
On mfl-f<.t# ;)..1) ;ZoOS before me, P/fTI2.IC//-J )( f3ENT::50Al I ;VorAtey RaLI,G
Date Here Insert Name and Title of the Officer
personally appeared
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Name(s) of Signer(s) V
e. Commllllon.tl17....
j NoIafy NIle . CaIIroMIII I
J IanIa.CIaIa CounIr
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who proved to me on the basis of J8!lsfactory evidence to
be the person(s) whose name(s) ~e subscribed to the
within instrument and acknowledged to me that
he/$ile7toey executed the same in his/~eir authorized
ca~(ies), and that by hi~their signature(s) on the
instrument the person(s), o~ 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.
Place Notary Seal Above
~ITNE~/~~ an,~ o:ficial sea~.
Slgnatur~:~~~
Signature f 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 Document
Title or Type of Document: E- A/ t2'<:zoALJf m~/\./r A G f\ fL rn E./v T
Document Date: /J1,4-;<? t!rI ;Z I :z otJ g
,
Signer(s) Other Than Named Above: .>> #0 A) f HE ((NO r F
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Number of Pages: .3., /t.<..:5
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Capacity(ies) Claimed by Signer(s)
Signer's Name: j:Jn/,Ct Va... it!. .3 CLIc
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
rn Other: -!nte.y-,,?? C~~y
P,lm'r7lsfrt<..for
Signer Is Representing: (! 5 or
Cilro J
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
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@2oo7 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402' www.NationaINotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
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ss.
, before me, Patricia K. BentsoTNotaryPublic, CAPACITY CLAIMED BY SIGNER
On 3-4-2008
Dawn Chernoff
personally appeared
personally known to me -OR-
proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) ~re
subscribed to the within instrument and
acknowledged to me that h@they executed
the same in hi~heir authorized
capacity(ies), and that by hi~heir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
. comm".lon #1 7t6UI
I MoIaIY PubIC . CcIIIfOmICI I WITNESS my hand and official seal.
Santa Clara County ..
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SIGNATURE OTARY
Though statute does not require the
Notary to fill in the data below, doing so
may prove invaluable to persons relying
on the document.
INDIVIDUAL
RATE OFFlCERS(S)
Title(s)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERV ATOR
OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
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COMMUNITY -, I At\
SERVICES./LVulll /; ~
ENGI_~
FI RE FF FJHf5H FLD
PREVENTION_':;'~
,CHEMICAL
CONTROL
BUILDING I
BAL TUSROL DRIVE
NOTICE
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~RI-JENSEN-AZAR & ASSOCIATES
155 CAMlND ARROYO, CiLftO'(. rAUFORNfA iSD20
~~SUIND'ItC
SCALE IN FEET: I' '" 20'
The Glens o.t Eagle Ridge
Tract. 9558 Lot 1
Gilroy
Santo Clore County, California
August 2004
ELL INDUSlRlES OF N. CALIF.
'iorth Milpitos Boulevard
os Colifornia 95035
SCALE: 1 "=20'
VICINITY SITE MAP
5990 Baltusrol Drive, Gilroy
Part of Tract 9558, Lot 1 - The Glens at Eagle Ridge
APN: 810-71-001
Dawn Chernoff
Exhibit A