Clark, Everette and Darling, Maureen - 1415 Quail Walk Drive
Su~ann~ E. Steinmetz, City Clel
City of G;ilroy
7351 Rosanna Street
Gilroy, CA 95020
No fee per GC Sec. 27383
NO FEErnV
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AGREEMENT
This Agreement is made effective
May 11, 1993
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SANTi, Ci_:I'i',;~:X
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, 1993, by and
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between EVERETTE M. CLARK AND MAUREEN J. DARLING ("owners"), 1415 Quail walk
Drive, Gilroy, california, 95020 and the CITY OF GILROY ("city"),
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7351 Rosanna street, Gilroy, California 95020, as follows:
RECITALS
A. Owners hold fee title to the real property located at 1415 Quail
walk Drive, Gilroy, California, more particularly identified as Lot 44 of
Tract 8025 as filed for the record in Book 576 of Maps at pages 34, 35 and
36 in the office of the Recorder of Santa clara County ("Subject Property").
B. The subject property is held subject to an easement for public
utilities 10 feet wide and burdened by extending along the entire southern
and eastern borders of the subject Property, dedicated to the benefit of the
public by Owners' predecessors-in-interest and duly accepted by the city of
Gilroy on July 29, 1987 (the "Easement").
c. Under the terms of the Easement, buildings and structures
generally may not be located within the easement area.
D. Owners acknowledge that a low retaining wall presently exists
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:
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M R 2 0 rn GE , 494
AGREEMENT
1. city shall not require the retaining wall to be removed 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.
2. Owners, their heirs, successors and assigns, hereby agree to
remove the retaining wall at their sole expense immediately upon a direction
to do so 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.
3. Upon notification by 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.
4. Upon full execution by the parties hereto, this Agreement shall be
recorded in the office of the Recorder of santa clara county.
5. 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.
6. This Agreement sets forth the entire agreement of the parties
regarding this subject matter and supersedes any prior oral or written
-2-
M 8 2 0 PA GE I 495
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.
OWNERS:
Dated: :-/"/a(;.,.,
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Everette Clark
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Dated: A'L{i:e/ / [", / q Y 3
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Maureen J. Dar
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Dated, ;141 It; /11~
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
_ County of
Santa Clara
On 5/12/93
~. DATE
}
M A 2 0 P ~ GE , ~ 9 6
before me, Patricia K. Bentson, Notary Public
NAME, TITLE OF OFFICER - E.G" "JANE DOE, NOTARY PUBLIC"
Jay Baksa, City Administrator
NAME(S) OF SIGNER(S)
personally appeared
I!l personally known to me - OR- 0 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 ac-
knowledged 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.
orrlCIAL SEAL
Patricia K. Bentson
· NOTARY PU81.1C . CALIFORNIA
SANTA CLARA COUNTY
air Comm. bpires June 9. 1915
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
~,_my hand and official seal.
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'~/ ;t {?:Je:--e <----/1">_ _ _. . c c e.r--..---:::'
( SIGNATURE OF NOT RY
No, 5193
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data beiow, doing so may prove
invaluable to persons relying on the document
o iNDIVIDUAL
o CORPORATE OFFICER(S)
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
~ OTHER: City Administrato
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
City of Gilroy
OPTIONAL SECflON
TITLE OR TYPE OF DOCUMENT AGREEMENT
NUMBER OF PAGES 3 DATE OF DOCUMENT 5/11/93
Everette Clark and Maureen Darling
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
Santa Clara
5-11-93
On
DATE
}
b f Patricia K. Bentson, Notary Public
e ore me,
NAME, TITLE OF OFFICER - E,G" "JANE DOE, NOTARY PUBLIC"
Everette Clark and Maureen J. Darling
personally appeared
NAME(S) OF SIGNER(S)
P personally known to me - OR - B 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 ac-
knowledged 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.
OJ'I'lCIAL SEAL
Patricia K. Bentson
NOTARY PUBLIC . CALIFORNIA
MNTA CLARA COUNTY
_eomm. EIlpirea June 9. 1995
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
, _~---WJT~ my h~official seal.
~ ;' / ,.1 _ ~I
\ . - ,-'!/' / - .~
~. ,;~";k--<-,-, - 'ft~
No, 5193
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document
EJ INDIVIDUAL
o CORPORATE OFFICER(S)
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT Agreement with City of Gilroy
NUMBER OF PAGES 3 DATE OF DOCUMENT May 11, 1993
Jay Baksa
SIGNER(S) OTHER THAN NAMED ABOVE
@1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184