Gitchev, Mimi - 7351 Old Tom's Court
DOCUMENT: 19919034
RECORDING REQUESTED BY:
II
City of Gilroy
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
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Encroachment Agreement
7351 Old Tom's Court, Gilroy, CA
A.P.N. 810-49-002
Fees.
Taxes.
Copies.
AMT PAID
Pages:
6
24.00
24.00
RDE fI 007
7/15/2008
10: 31 AM
This Agreement is made effective between: Mimi Gitchev, ("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 7351 Old Tom's Court,
Gilroy, CA, recorded in Book of Maps at Pages _ dated
, in the Office ofthe Santa Clara County Recorder.
B. The Subject Property is held subject to an easement for Public Utilities and
Appurtenances ("PUE")
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 will exist within the Easement and
that it constitutes a "structure" prohibited by the terms of the Easement.
NOW, THEREFORE, in consideration ofthe mutual promises herein, the parties agree as
follows:
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.
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.
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.
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.
Page 2 of3
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IN WITNESS WHEREOF, City has executed this agreement as Of,fllt gl!r;D 't
(f.. TTEST: OF GILROY
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Thomas Haglu
CITY ADMINISTRATOR
IN WITNESS WHEREOF Owner has executed this agreement as of ;;Z - /-0 <f
OWNER
Mimi Gitchev
OWNER
Page 3 of3
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VICINITY SITE MAP
7351 Old Tom's Court, Gilroy
APN: 810-49-002
Old Orchard Company
Exhibit A
ACKNOWLEDGMENT
State of California )
) ss.
County of Santa Clara )
On July 1, 2008, before me, Inga Alonzo, Notary Public, personally appeared
Mimi George Gitchev, who proved to me on the basis of satisfactory evidence to
be the personOO whose name(~/are subscribed to the within instrument and
acknowledged'to me that he~hey executed the same in hi@heir
authorized capacity~), and that by hi@their signature~on the instrument
the person(~, or the entity upon behalf of which the personOO 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.
WITNESS my hand and official seal.
(Notary Seal)
---~---::::~------11
'. Con:'':~1tON
I NotcNy PubIc .~ I
tanto Claro County -
l. _ _ ~ _ ........lWuJ
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
On July 8,2008, before me, Susan R. Johnson, Notary Public, personally appeared Thomas John
Haglund, who proved to me on the basis of satisfactory evidence 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
~ Q ~.?Vn
. Signature of No Public
~~~~~~~~~~~~~~
e SUSAN R. JOHNSON
-" Commission # 1543104
i ... Notary Public, California ~
~ Santa Clara County ~
~ ~ ~ ~y .;o:m,;,.Ex~r-: J~ ~ 2~
WITNESS my hand and official seal.
(Notary Seal)