Vu/Nguyen - 6785 Eagle Ridge Drive
....
RECORDING REQUESTED BY:
City of Gilroy
DOCUMENT: 19234746
WHEN RECORDED, MAIL TO:
Rhonda Pellin
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Fees.
Taxes.
Copies.
AMT PAID
Pages:
6
22.00
22.00
RDE j:I 006
12/20/2006
2:25 PM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Encroachment Agreement
6785 Eagle Ridge Drive, Gilroy, CA
A.P.N.81O-60-003
Encroachment Agreement, 6785 Eagle Ridge Dr.. Gilroy, CA, Page 1 of 3
This Agreement is made effective between: Hoan Duy Vu & Huong Xuan Nguyen,
("OWNER"), 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 6785 Eagle Ridge Drive,
Gilroy, CA, A.P.N. 810-60-003.
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 of the mutual promises herein, the parties agree as
follows:
City shall allow the retaining wall to remain 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.
Encroachment Agreement, 6785 Eagle Ridge Dr., Gilroy, CA, Page 2 of 3
IN WITNESS WHEREOF, City has executed this agreement as of
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Rhonda Pellin
CITY CLERK
..- .
ay Baksa
TY ADMINISTRATOR
OWNER
Encroachment Agreement, 6785 Eagle Ridge Dr., Gilroy, CA, Page 3 of 3
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Encroachment Agreement, 6785 Eagle Ridge Drive, Gilroy, CA
APN 810-60-003
On October 26,2006, 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.
WITN.1:liand and OffiC, seal
't:~t' 1dALg-t--t-c/'-
SIgnature of Notary Pubhc
J.....----------....
a RHONDAPELlIN
- CommiSSIon # 1581056 ~
i ~ Notary Public - California f
j Santa Clara County d
~ _ _ ~:~:.Ex~~J~1~2
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
ST ATE OF CALIFORNIA
COUNTY OF
SANTA CLARA
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On
appeared
ROAN DUY VU l\ND
1 0 - 2 6 _? 0 0 h, before me, PA TRI CI A K. , ~~~~9N, ~21A~~ JLfllNET, ~y SIGNER
personally known to me -OR-
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a CommIuIon#1417341 .
i ... Notary PublIc . CaIfomIa t
Santa Clara County . -
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RuaNe XU~N NeUYEN
proved to me on the basis of satisfactory
evidence to be the person(s) whose
name(s) ~subscribed to the within
instrum and acknowledged to me that
.hefsfle he executed the same in
heir uthorized capacity(ies), and
that by ~ignature(s) on the
instrument the person(s), or the entity
upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Encroachment Agreement, 6785 Eagle Ridge Drive, Gilroy, CA, APN 810-60-003
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
CORPORATE OFFICERS(S)
Title(s)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDlAN/CONSERV A TOR
OTHER:
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
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Encroachment Agreement
6785 Eagle Ridge Drive, Gilroy, CA
AP.N.81O-60-003
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