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Miller, Bill J. and Penny M. - 8755 Learnard Way Susanne E. Steinmetz,City Clerk ~ity of Gilroy . . 73$1 Rosanna Street/; Gilroy, CA 95020 ~. NO FEE PER GC SEC 27383 120897B8 .;:..., , ~:"~EU1 l'iO ,-t:. . (\./ \...,.- fiLED H/H HEGDFW I' T REOUEST OF C(!J OGI/~j SE? 7 I 33 PM 193 AGREEMENT rr .~JS 5A11T,' ~.. F ,~, UNTY LA~.r~lL Kl:.,NE RECORnEf~ This Agreement is made effective .eli-\...0 J 3 /913 , 1993, by and I 3: "" CO -oJ -0 :J:II C") fTl between BILL J. AND PENNY M. MILLER ("owners"), 8755 Learnard way, Gilroy, california, 95020 and the CITY OF GILROY ("city"), 7351 Rosanna street, Gilroy, California 95020, as follows: '" U1 RECITALS A. OWners hold fee title to the real property located at 8755 Learnard Way, Gilroy, california, more particularly identified as Lot 16 of Tract 7673 as filed for the record in Book 543 of Maps at pages 30 and 31 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 northern 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 May 7, 1985 (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 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: -1- /, j " - 1', \ .\ N 9 8 1 p~ GE I 2 I 6 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. 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- ~t 9 8 1 PAGE I 2 I 7 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. ~3}'13 OWNERS: Dated: 7-/j -9 3 Dated: ']-/~' y3 ) ~~i4 .'... r 7) )m;~'G Penny M. Mi /J i 0 2 Dated: I - / - 'j-' -. ) -3- CA:LlFORNIA ALL-PURPOSE ACKNOWLEDGMENT . State' of 0 f;.-e~rj,L{'''-' County of ~)~f t:t.- (1) M ,/J.- } M 9 8 1 p~ GE I 2 I 8 On 1 -I!o - q.3 before me, P~J( IC/O- K /3enisDn NofZLYlf PtAbll~ , DATE NAME, TITLE OF OFFICER - E.G, "JANE DOE, NOTARY PUBLIC" , personally appeared P..e.. n r7 (/ / VI ' /l;l,1 / C' r / NAME(S) OF SIGNER(S) ~ersonally known to me - OR - D 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. 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, 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. E'INDIVIDUAl o CORPORATE OFFICER(S) TITLE(S) D PARTNER(S) D LIMiTED D GENERAL D ATTORNEY-iN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OPTIONAL SECTION TiTLE OR TYPE OF DOCUMENT ACIYlltn€/1t - (lit'/. Ittl5tpmc'irC: NUMBER OF PAGES -3 D~TE OF DOCUMENT (i lA. ~ /3,) 97 3> SIGNER(S) OTHER THAN NAMED ABOVE ~; Ii .:r (fJ I lip r i ,'lILY ,?x,.l. SCt @1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave" P,O, Box 7184. Canoga Park, CA 91309-7184 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT before me, Patricia K. Bentson, Notary Public NAME, TITLE OF OFFICER - E.G" "JANE DOE, NOTARY PUBLIC" I Bill J M 1 personally appeared . i ler NAME(S) OF SIGNER(S) €:::I 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 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. State of California County of Santa Clara On 8/9/93 DATE OFFICIAL SEAL Patricia K. Bentson · NOTARY PUBlIC, CALIFORNIA SANTA CLARA COUNTY My Cornm, ExpIres June 9, 1995 fHIS CERTIFICATE MUST BE ATTACHED TO HE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, It could prevent fraudulent reattachment of this form, } H 9 8 1 p~ GE I 2 I 9 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. [] INDIVIDUAL D CORPORATE OFFICER(S) TITLE(S) o PARTNER(S) D LIMITED D GENERAL D ATTORNEY-iN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT Agreement NUMBER OF PAGES 3 DATE OF DOCUMENT July 13, 1993 SIGNER(S} OTHER THAN NAMED ABOVE Penny M. Miller, Jay Baksa ,/WfTl\JESSZSS~ in hand a1~la~~al. \ /i 7 '-,,:~~'/ -; ) \ /"'P " / 'i( \ /" r~-e/""""'" I",' <. ~~- . \ @1992 NATIONAL NOTARY ASSOCIATION. 8236 R emmet Ave" P,O, Box 7184. Canoga Park, CA 91309-7184