McCarthy Gilroy, LLC - Right of Entry Agreement
DOCUMENT: 19036708
Pages:
6
When recorded return to:
II 1111I111 11111111111111
Fees. .
Taxes
Copies.
AMT PAID
* No Fees
City of Gilroy
City Hall
7351 Rosanna Street
Giiroy~ CA 95020
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE l:* 002
7/27/2006
11: 02 AM
SPACE ABOVE TIiL':> LINE Fd"k REC()RI5ER's USE ON!. Y
Project: Right of Entry Agreement
To Drill Test Well
Address: 1350 Pacheco Pass HWY'l
APN 841 17-080 (at SUacd Way)
RIGHT OF ENTRY AGREE~1ENT
MeCarthy Gilroy LLC, hereafler referred to as '''Grant.or:' grants to the City of Gilroy, hereinafter
referred to as "'Cit.y" a Right. of Entry Agreement over, upon and across a portion of that real property in
the City of Gilroy, State of Cali fomi a, shm-vn in Exhibit "A" (hcreinlltter "'Property") attached hereto and
made a part heroof
City desires t.o acquire a Right .of Entry for the purpose .of drilling a test \velL
This Right of Entry is granted under the express conditions listed below:
1. Grantor represents and warrants th.at Grantor is the owner of the Property and has the
e.xclusive right and power to grant this Right of Entry Agreement.
2" Upon receipt of this Right of Entry Agreement, duly executed and acknowle.dgedt City
shall arrange for its recordation. The City win pay any and all costs associated with this
transaction.
3.. Tbis Agreement shaH continue in full force and effect until such time tbcconstroction ofthe
Pro..iect has been completed and .at such time the Agreement shaH terminate but in no .case law than
December 31, 2006.
4. ''''here necessary, improvements on the Property ,,,ill be removed by the City. Such
improvements wiII bereconstru.cted at the City's sole expense upon the termination of the Easement.
(a) AU work perf.ormed by the City on the Property shall conform to applicable building, fire
and sanitary laws, ordinances and regulations relating to such w.orkand shall be done in a
g.ood workmanlike manner,
(b) City shaH provide Grantor seven (7) days notice prior to the commencement ofthe
constru.ctiol1 period.
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5. City agrees. to indemnify and hold harmless Grantor from and against an)' and aU claims,
damages, liabilities, coots or any expenses wbatsoever, arising from orcausoo, directly or indirectly by
the Easement or the entry onto the Property by City or its agents, employees, invitees, contractors and
subcontractors ,
6, If any action is instituted to enforce the terms of this Agrccl'nent, the prevailing party shall be
entitled to ree.over its coots and attorney's fees from the other part)",
1. This Agreement contains the entire agreement bct.ween the parties regarding matters conveyed
herein and shall inure to the benefit .of and be binding upon the successors and assigns ofbotn parties,
E.xecuted on this day .of:JCf I~ 17~ 2006.
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I-"-.~ .
Santa CIaIa Cow\Iy -
~ _ _ ~~:.~_~2~~
STATE OF CALIFORNIA }
COUNTY OF Sem-w ClW<t< . . '"
Ro..moAA
On SILl" 17, z.ooc" before me, M..rrn.~CU1
appeared cr-oseph A. Mr Ca~y
1jl petSOrulily known to me ..()R- 0 proved to me on the basis of satisfactory
evidence to be theperson(s) whose
name(s) is/are subscribed to the within
instrument and acknowledged to me that
helshe/they executed the same in
his/her/their a.uthorized cap.1city(ies).
and that by his/her/their signature(s) 01.1 0
the instmmentthe person(s), or the 0
entity upon behalf of which the 0
person(s) acted, executed tbe 0
instnunent 0
,personally
CAPACITY CLAIME.l) B\'. SIGNER
'fbough lII4tute does not require the Notlll'y
to fill ill the d$l bc}Qw, doing so may
proVe invaluabl.e to ~s relying on the
~,
o rNDlVroOAL
o CORPORATE OFFlCER.8(S)
TitJe(s)
l'l\R'i'NER(S) 0 [.lM1TIm
o GENERAL
ATTORNEY.IN.FACT
TRtJSTE"F..(S)
GlJARDIAt'(!CONSERV ATOll.
OTHER:
WITNESS my hand and official seal
~A~l;;y
Sl(;NI<;R IS REPRESE1\"I'lNc;:
Name t,fPetSUll(s) or Et1tity(ics)
30f3
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Right of Entry Agreement
McCarthy Gilroy LLC
APN 841-27-080
1350 Pacheco Pass Highway, Gilroy, California
On July 24, 2006, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa
personally known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
'''-._'
WITNE S my hand and official seal.
~ A~:2, ~
\ Signature of Notary Public
J.....-----------
fi' RHONDA PELlIN
- Commission # 1581056 J
i . -. Notary Public . California f
j Santo Claro County ~
MvComm. ExpIrea JlM"l19 2
---------------...:..
per GC See, 40814; CC Sec. 1181
(Notary Seal)
EX1STING WATER LINE
PERCHLORA IT SERVICE
TR U CK
A.P.N.841-17-080
"
~- PROPOSED ACCESS ROAD
RADIUS
PRELIMINARY
NOT PCtrl CON$~CrICtN
I'JOI:rE
OUT
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$ll.ACCl 8ITfi
CITY OF GlLROY
Exhibit "A"
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
McCarthy Gilroy LLC
This is to certifY that the interest in real property conveyed by the Right of Entry Agreement
dated July 17, 2006 from McCarthy Gilroy LLC, to the City of Gilroy, a municipal corporation of
the State of California, is hereby accepted by the undersigned officer or agent on behalf of the
City of Gilroy pursuant to authority conferred by Resolution No. 2004-20 of the City of Gilroy
adopted March 15,2004, a certified copy of which resolution is on record in the office of the
County Recorder of the County of Santa Clara, State of California, document #17703402, dated
April 6, 2004 and the grantee consents to recordation thereof by its duly authorized officer.
In witness whereof, I have hereunto set my hand on July 24, 2006.
1:\CTYCLERK\FORMS\ACCEPT ANCE.DOC