Colombo, Joseph and Senta - 5595 Mesa Road
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RECORDING REQUESTED BY:
DOCUMENT: 16222108 Tit I es: 1 / Pages: 5
Fees. 19.00
Taxes.
Cop i es. .
AMT PAID 19.00
City of Gilroy
WHEN RECORDED, MAIL TO:
Rhonda Pellin, City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE ** 008/015
4/18/2002
11: 38 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT
between Joseph M. Colombo and Senta L. Colombo
5595 Mesa Road, Gilroy, California 95020 and
The City of Gilroy
1
ENCROACHMENT AGREEMENT
This Agreement is made effective m Al2c 1-1 I 4,7.-<,)07 by and between Joseph M.
Colombo and Senta L. Colombo. 5595 Mesa Road. Gilroy. California 95020 ("Owners"), and
the City of Gilroy ("City"), 7351 Rosanna Street, Gilroy, California 95020, as follows
RECITALS
A. Owners hold fee title to the real property located at 5595 Mesa Road. Gilroy.
California, more particularly identified as Parcel 1 as shown on that certain parcel map as filed
on May 6, 1999 for the record in Book 714 of Maps at page 42 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 eastern border along Mesa Road of the Subject
Property, dedicated to the benefit ofthe public by Owners' predecessors-in-interest and duly
accepted by the City of Gilroy on in the office of the Recorder of Santa Clara County on the
above said recorded map.
C. Under the terms of the Easement, buildings and structures generally may not be
located within the easement area.
Page 1 of3
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D. Owners acknowledge that a 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:
AGREEMENT
1. 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.
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.
Page 2 of3
5. It is the express intent ofthe 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 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: 3 . //. 0 ':2-.
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Page 3 of3
STATE OF California
SS.
COUNTY OF Santa Clara
On March 11 , 2002
before me, Sheri Davidson
a Notary Public in and for said County and State, personally appeared Joseph M. Colombo
Senta L. Colombo
personally known to me (or 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.
STATE OF CALIFORNIA
COUNTY OF OQJ;U.lA GCiVLA-
SS.
On '-1}LCth (l~,
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before me,
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IL LOUu... U-..(.~'.u~
a Notary Public in and for said County and State, personally appeared
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personally known to me {or prQ}/sd to me on thc basic of satisfactory evidence) to be the person~ whose nameM
is/are- subscribed to the within instrument and acknowledged to me that he/she/t-Rey executed the same in
his/..Aer1tbeir authorized capacity(i.98-), and that by his/her1theirsignature(sT on the instrument the person{s1, or the
entity upon behalf of which the person(.s) acted, executed the instrument.
WITN~hand and. ~ff~S-"ial seal. \
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\ Signature of Notary
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