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Billups, Larry E. and Forrest, Neil J. Susanne E. Steinmetz, City Clerk eityof Gilroy 1351 Rosanna Street 'Gilroy, CA 95020 NO FEE PER GC SEC 27383 12084101 SEp r i; "t. ~' \. : ~ t< 'C-..,C f) h:ij AT,REQUEST QF &11 .~lll()(j 0Ef Z 10 3 ell AH'93 ~, n~ L ,..,<,.,,; ... , AGREEMENT 2 1993 OFF'j'c ,!M!L\ :x \D CD N ." :tla C") f"T1 This Agreement is made effective _H-c~ ,;J D , 1993, by and between Larry E. Billups & Neil J. Forrest ("Owners"), 2085 Rockrose Court, o .- N 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 2085 Rockrose court, Gilroy, California, more particularly identified as Lot 22 of Tract 8136 as filed for the record in Book 605 of Maps at pages 8 to 16 inclusive 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 western and southern 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 August 1, 1989 (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- ...\. ~\r M 9 8 2 PA GE , 0 4 3 . 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- H 9 8 2 PAGE , 0 414 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. OWNERS: Dated: ~ ,~6.-"13 ..~ S? r>'C' ~~o L \~ ~ Larr;-~. Bill~PS ~ Dated: f/z()/~ 3 , G /'2,.. ( G J Dated: U :..J-.-) (> -3- OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT AGREEMENT NUMBER OF PAGES 3 DATE OF DOCUMENT 8/20/93 SIGNER(S) OTHER THAN NAMED ABOVE Larry E. Billups & Neil J. Forrest CALIFORNIA ALL-PURPOSE ACKNOWLEDG . State of. California } M 9 8 2 PA GE I 0 4 5 '... :County of Santa Clara On 8/30/93 before me, Patricia K. Bentson, Notary Public NAME, TITLE OF OFFICER - E,G" "JANE DOE, NOTARY PUBLIC" JAY BAKSA, City Administrator DATE personally appeared NAME(S) OF SIGNER(S) ~ personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) (Qa-Fe subscribed to the within instrument and ac- knowledged to me that~/sho/thoy-executed the same in @/hcr/tl'l"Oir authorized capacity(ies), and that by ~hor/thoir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OFFICIAL SEAL Patricia K. Bentson NOTARY PUBLIC, CAliFORNIA SANTA CLARA COUNTY My Comm, Expires June 9, 1995 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. D INDIVIDUAL D CORPORATE OFFICER(S) TITLE(S) D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR ~ OTHER: Jay BaksR City Administrator SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) City of Gilroy @1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave" P,O, Box 7184. Canoga Park, CA 91309-7184 II 1ST NATIONWIDE BANK A FEDERAL SAVINGS BANK State of California County of Santa Clara } On 8-20-93 before me, Diane Medina, Notary Public DATE NAME, TITLE OF OFFICER. E.G, .JANE DOE, NOTARY PUBLIC. Larry E. Billups & Neil J. Forrest ***************** NAME(S) OF SIGNER(S) D personally known to me -OR- ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .+si@subscribed to the within instrument and acknowledged to me that Ae/51Ief~xecuted the same in--h+sffl&r/t@ authorized 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. ALL-PURPOSE NOTARY ACKNOWLEDGEMENT , personally appeared . OFFiCiAL SEAL . ' DIANE MEDI N,II. . OTARY PUBLlC.CAI_I,fC",,'" '.N:.~,"'.',~ SANTA CLARA COUNTY fi tot .O'*'. EXP. ~,iAY 14<,1995.J .' . ~~~.~,o/,..t>"~Cf-of':'I,,,~I',' . ~~? , d!---- Official Seal CAPACITY CLAIMED BY SIGNER :t;Zlndividual(s) 0 Partner(s) o Trustee(s) 0 Attorney-in-Fact o Other: ATTENTION NOTARY: ATTACH THIS ACKNO'M.EDGMENT TO THE DOCUMENT DESCRIBED BELOW to help process this acknowledgement, and to avoid fraudulent attachment of this certificate to an unauthorized document. (Complete as much of the following information as possible,) Title or Type of Document East:ment Aqreement Signer is Representing: (Person(s) or Entity(ies)) Number of Pages 3 Signer(s) Other Than Named Above S0294CA (0193) Date of Document 8-20-93