Mulch, Charles A. and Donna M. - 7360 Princevalle Street
(
Susanne E. Steinmetz,
City of Gilroy
7351' Rosanna Street
Gilroy, CA 95020
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, by and
City Clerk
NO FEE PER GC SEC 27383
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AGREEMENT
December 9, 1994
This Agreement is made effective
between Charles A. Jr. and Donna M. Mulch ("Owners"), 7360 princevalle st.,
Gilroy, California, 95020 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 7360
princevalle St., Gilroy, California, more particularly identified as Santa
Clara County Assessor's Parcel Number 799-17-014.
B. A Portion of the City's Right-of-Way lies behind the sidewalk along
the frontage of the subject property.
C. Owners acknowledge that a low wood fence will exist within the
City's Right-of-Way.
NOW, THEREFORE, in consideration of the mutual promises herein, the
parties agree as follows:
AGREEMENT
1. City shall allow the wood fence to be built at this time. In so
doing, City expressly does not abandon the Right-of-Way 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 fence at their sole expense immediately upon a direction to do so by the
City, to allow the installation, replacement, or repair of public utilities
or the widening of the existing street within the Right-of-Way whenever the
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N709PAGE 309
City determines in its sole discretion that the fence would prevent or
impede such activities.
3. Upon notification by the City that utility or widening work is
completed, owners, their successors and assigns, may replace the fence with
a fence of substantially similar dimensions, location, and construction, at
owner's sole expense. Any replacement fence shall be subject to removal as
stated in 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
agreements. This Agreement may not be modified except in writing signed
by the parties hereto, or by their respective heirs, successors or assigns,
as appropriate.
Owners:
DATE:
December 9, 1994
DATE:
December 9, 1994
jJ~-V1'c;7;J.
Donna M. M
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---
DATE:
December 19, 1994
sa, City Administrator
2
. .
f,1709PAGET310
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of
County of
California
Santa Clara
On
12-9-94
DATE
before me Patricia K. Bentson, Notary Public
,
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared Charles A. Mulch, Jr. and Donna M. Mulch
NAME(S) OF SIGNER(S)
D personally known to me - OR - [Xl 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.
~~~ ~~
I~,c,~\"''', OFFICIAL SEAL
i'{::>, \,~, ~ Patricia K. Bentson
~:~ ", >~.y NOTARY PUBLIC. CALIFORNIA
"\. '\~"'Y5 SANTA CLARA COUNTY
". . icily My Comm. Expires June 9,1995
WITNESS my hand and official seal.
(/ ._- ./., ,....,--.........
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'7' SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
IX] INDIVIDUAL
D CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
Agreement
TITLE OR TYPE OF DOCUMENT
TITLE(S)
D PARTNER(S)
D LIMITED
D GENERAL
Two plus this page
NUMBER OF PAGES
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
December 9, 1994
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
(blank) Jay Baksa, City Administrator
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309-7184
..
N709P~GElj311
state of California
county of Santa Clara
On December 19, 1994 before me, Susanne E. Steinmetz,City Clerk
JAY BAKSA
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 in his/her/their
authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
Signature
StIMnr,..., r:. C',\:hmetz, Ci~ Clerk
Gilr09ity of Q;!ro,/. County of S,arrta Clara
f,lc;~e cf California per CIvil Code Sec. 1181
Cc,:ornment Code Sec, 40814
WITNESS my
SUSANNE E. STEINMETZ,
per GC Sec. 40814; CC
(This area for official city seal)