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Rebelo, Joseph and Mary - 2075 Mantelli Drive .. ",-'... 4 DOCUMENT: 18816464 Pages: 5 RECORDING REQUESTED BY: 11III1111111111111111111111 Fees Taxes Copies AMT PAID 19.00 19.00 City of Gilroy BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Grantee RDE j:j 008 2/22/2006 2: 17 PM WHEN RECORDED, MAIL TO: Rhonda Pellin City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 r~;;""\f\t 1;\ 111"" M" 1"';. i"""'~-'~ .''?"".n n. ^ ~~~ ^EO ~ ~,~ ,11.. ~j-,.h""'~,11 :.~"-'-~~"~.-:-."r.\ ::~~~ .,fj ," i. U1".j..~ J~~h...~-:; ~. ',-,< ,,;::, "~'" H'~. ~t.::! ..... '.' ."'--' .. ~O>'l'~' ...."... ... . (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Encroachment Agreement 2075 Mantelli Drive, Gilroy, CA Page 1 of 3 This Agreement is made effective between Joseph G. & Mary Z. Rebelo, ("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 2075 Mantelli Dr., Gilroy, CA recorded in Book 605 of Maps at Pages 8 - 16 dated November 4, 1998, in the Office of the Santa Clara County Recorder. B. Owners acknowledge that a column will exist within the City Right of Way 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 the column 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. Owners, their heirs, successors and assigns, hereby agree to remove the column 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 public works construction including roadway widening within the Right of Way whenever the City determines in its sole discretion that the column would prevent or impede such activities. Upon notification by the City that work is completed, owners, their successors and assigns, may at the sole discretion and approval of the City replace the retaining wall with a wall of substantially similar dimensions, location, and construction, at owners' sole expense. Any replacement column shall be subject to the removal requirements of Paragraph 2 and replacement approval of this Paragraph 3. 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 IN WITNESS WHEREOF, City has executed this agreement as of FebruCVuI/3/ ZCO? L..2i.. ~, ' ,1 // /1 / J \ ,,~ Rhonda Pellin CITY CLERK IN WITNESS WHEREOF Owner has executed this agreement as o~. / ~ ~ () c; OWNER ~1"J.J r 7.1?~ / ~2tS.@ OWNER Page 3 of3 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Encroachment Agreement, 2075 Mantelli Drive, Gilroy, CA On February 13, 2006, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa 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. WI~ n:y hand and ~al seal. ~~~ SIgnature of Notary Pubhc J~~~~~~~~~~--I _8 COC:=:::056 I __.CaIIcmIa I SanIa Clara COW1Iy - ". _ _ ~~_~~1~~ per GC Sec. 40814; CC Sec. 1181 (Notary Seal) ACKNOWLEDGEMENT , in and for said County an State, personally appeared J () 5 , personally known to me (or proved to me on th~iS of satisfactory evidence) tgJ:>eple person(s) whose name(s) is/ e' ubscribed to the within instrument and acknowledged to me that he/sheh ey ecuted the same in hislher/~jVauthorized capacity(ies), and that y his/her~signature(s) on the instrument the person(s) or the entity upon ehalf of which the person acted, executed the instrument WITNESS my hand and official seal. Signature ~~~AAVL~ ).~ ~ ..... ~ - ROSIE HERRERA "'1. COMM."1361995 ::It 8. . NOTARY PUBlIC-CAUFORNIA G) 'l:: SANTA CLARA COUNTY 0 j ~ ~ ~ ~ ~O~~: ~p J~E 23:3~6 t This area for official notarial seal Acknlgmt 10/13/00 js