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Hollings Cartaway Hunger Relief Organization - 8531 Wayland Court INSURED AWANCETITLE CO. elf / /~ 9/9~ ~12- DOCUMENT: 18619225 11111 11111 111111111 1/'111111/1 II /I II II III RECORDING REQUESTED BY: Fees Taxes. Copies AMT PAID Pages: 5 19.00 ]9 00 City of Gilroy BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of AI I iance Title Company WHEN RECORDED, MAIL TO: Rhonda Pellin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 ROE !:I 008 10/12/2005 8:00 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Encroachment Agreement 8531 Wayland Court Hollings Cartaway Hunger Relief Organization, Inc. APN: 790-26-002 and 790-26-003 This Agreement is made effective between Hollings Cartaway Hunger Relief Organization, Inc., ("OWNER"), and the CITY OF GILROY ("CITY"), 7351 Rosanna Street, Gilroy, California 95020, as follows: A. Owner holds fee title to the real property located at 8531 Wayland Court, Gilroy, California 95020. All of Parcel 1, of Parcel Map recorded in Book 787 of Maps at Pages 44 and 45, dated June 16,2005, in the Office of the Santa Clara County Recorder. B. The Subject Property is held subject to a lO-foot Public Use Easement (PUB), dedicated and shown on parcel map recorded in book 787 of maps at pages 44 and 45. C. Under the terms of the Easement, buildings and structures generally may not be located within the easement area. This agreement relates only to a 7.5 foot by 3.5 foot attached covered porch within the noted easement and in no way extends to any other item unless detailed in said agreement. D. The Owner acknowledges that a 7.5 foot by 3.5 foot attached covered porch 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 a 7.5 foot by 3.5 foot attached covered porch 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 or assigns, derive no basis for a claim of prescriptive rights. The Owner, their heirs, successors or assigns, hereby agree to remove the 7.5 foot by 3.5 foot attached covered porch within the lO-foot Public Use Easement (PUB), 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 use within the Easement whenever the City determines in its sole discretion that the 7.5 foot by 3.5 foot attached covered porch would prevent or impede such activities. Upon notification, in writing, by the City, when the public use work is completed, the owners, their successors or assigns, may replace the 7.5 foot by 3.5 foot attached covered porch of substantially similar dimensions, location, and construction, at owners' sole expense. Any replacement of the 7.5 foot by 3.5 foot attached covered porch 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 or 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 o~~b2...v 7( WDf." ~~~J Rhonda Pellin CITY CLERK IN WITNESS WHEREOF Owner has executed this agreement as of: J1Uq J? :2DD~~ / OWNER: Hollings Carta way Hunger Relief Organization, Inc. By: ,/ --- // ~ . " ief Executive Officer G:\COMDEV\ENG\MARIL YN\Agreements\854I Wayland Ln..doc STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Encroachment Agreement, 8531 Wayland Court, Hollings Cartaway Hunger Relief Organization, Inc. APN: 790-26-002 and 790-26-003 On September 7,2005, before me, Rhonda Pellin, Notary Public, personally appeared Jay Saksa 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. WZ) ssmYha.n.d.w/~ fficia 1 seal. ~{i, j ( , ~ v~'-- c .J7 ~4"- i Signature of Notary Public J6j' ::=::::. - f ! Notary PublIc - CalIfornIa f j Santa Clara COUlIy =i _ _ _ ~~:.~~1~ per GC Sec. 40814; CC Sec. 1181 (Notary Seal) STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On August 18,2005, before me, Patricia K. Bentson, Notary Public personally appeared Chris Cote 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. ~/"). ~.-.-::~j..;~ ..0 Patricia K. Bentson, Notary F blic J.~- - ~ ='~=l-J I -_.~ Ianta CIaIa C<<nv . _ _ _ ~~:.~~9.:.., WITNESS my hand and official seal. per GC Sec. 40814; CC Sec. 1181