Loading...
Hall's of Gilroy RECORDING REQUESTED BY CITY OF GILROY WHEN RECORDED MAIL TO: ~ susanne E. steinmetz, city Clerk city of Gilroy 7351 Rosanna st. Gilroy, CA 95020 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City ID?'l RDE t; 008 4/ I 1/ 1996 4 30 PM DOCUMENT:0013254875 11111111111 ~IIIII ~III O:ln) 132548"756: Titles 1/ Pages 7 Fees . No Fees Taxes Copies AMT PAID -0 ( SPACE ABOVE THIS LINE FOR RECORDER1S USE ) ~ CD ~ -0 pi C'> rrl EASEMENT AGREEMENT - HALL'S OF GILROY DOCUMENT TITLE SEPARATE PAGE PURSUANT TO GOVT CODE 27361.6 co ~ P 2 8 2 Pl\ GE \ 892 RECORDING REQUESTED BY: ) ) city of Gilroy ) ) WHEN RECORDED, MAIL TO: ) ) City Clerk, City of Gilroy ) 7351 Rosanna Street ) Gilroy, CA 95020 ) ) EASEMENT AGREEMENT This is an agreement between HALL'S OF GILROY, INC. (hereinafter referred to as "Grantor") and CITY OF GILROY (hereinafter referred to as "Grantee") for conveyance of an easement for installation and maintenance of a water line over certain real property owned by Grantor. The purpose of this agreement is to set forth the terms and conditions under which the easement is granted. IT IS AGREED as follows: 1. Real Property Affected. The following real property is affected by this easement agreement: (a) Grantor is the owner of certain real property hereinafter referred to as the "servient tenement" located at 39 West 6th Street in the city of Gilroy, California. Said real property of Grantor is designated by the Assessor as APN 799-07-068 and is more particularly described on Exhibit "A" attached hereto. (b) Grantee, City of Gilroy, desires to acquire an easement for installation and maintenance of a water line over the servient tenement in order to provide water service to adjoining real property (APN 799-07-066) located at 7411 Monterey in the City of Gilroy, California. 2 . Grant of Easement. For valuable consideration, 1 P 2 8 2 p~ GE \ 893 Grantor hereby grants to Grantee, its heirs, successors, and assigns forever, an easement over the above-described servient tenement for installation and maintenance of a water line for the purpose of providing domestic water service to the adjoining real property (APN 799-07-066) located at 7411 Monterey street, Gilroy, California. The course and width of said easement shall be as required by the City of Gilroy for connection to the existing City water main located within Gourmet Alley. 3. Installation. Maintenance and Relocation of Water Line at the Expense of Grantee. All costs associated with installing and maintaining the water line over servient tenement, as well as any water meter, shall be paid by Grantee. At such time as Grantor, or any successor of Grantor, desires to develop the servient tenement, Grantee, at its expense, shall relocate the water line/meter as necessary to accommodate Grantor's development plans for the servient tenement. Grantor shall give Grantee written notice no less than 90 days in advance of the date by which the water line/meter must be relocated. 4. Grantee to Hold Grantor Harmless. Grantee shall not permit any mechanics liens to be filed against the servient tenement as the result of construction activity hereunder. In the event such lien is recorded, Grantee or its successors in interest - shall defend, indemnify and hold Grantor harmless from such lien. Additionally, Grantee shall defend, indemnify and hold Grantor harmless from any and all other claims or liability arising out of use of the easement or other exercise by Grantee of its rights under this agreement. 5. Notices. Any notices to be given pursuant to the 2 P 2 8 2 rn GE I 8 9 4 terms and conditions of this agreement are to be sent as follows: GRANTOR: HALL'S OF GILROY, INC. c/o Mr. Charlie Haines 7415 Monterey Street Gilroy, CA 95020 GRANTEE: CITY OF GILROY c/o City Manager 7351 Rosanna Street Gilroy, CA 95020 6. Bindinq on Heirs and Successors. All provisions of this agreement shall be appurtenant to and run with the hereinabove described real property of each party and shall be binding upon the heirs, assigns and successors in interest of the parties. 7. Attorneys Fees. In the event any party is obligated to bring an action to enforce this easement agreement or any provision hereof, the prevailing party in any such action shall be entitled to reasonable attorneys fees and costs. 8. Parties Authorized to Execute Agreement. Each party signing this Agreement warrants that he or she has authority to execute this document on behalf of the party bound thereby. IN WITNESS WHEREOF, the parties have executed this easement agreement effective as of the date the agreement is recorded in the Office of the Santa Clara County Records. ~#~ President By: ~//7~t"/ GRANTOR HALL'S 0 GRANTEE CITY OF Date: Tit haines.agr/md 3 P 2 8 2 rn [E \ 895 ( OLD REPUBLIC TITLE COMPANY ORDER NC. -U5783-JJ The land referred to in this Report is situated in the County or State of Califomia. and is described as follows: Sant3 C:ara. Cit? of Gil:ov, Parcell: Beginning at a pci~t on the North li~e of Sixth Street dista~: 140 feet weste~ly from the northwes~ c~rner of Mcnterey a~d Sixth Streets and a: the point of intersection of the East line of an alley with said North li~e of Sixth Street; thence Easterly and along North line of Sixth Street 40 feet; thence in a Northerly direct:on 23.90 feet; thence again Easterly 23.55 feet to the Southwest corner of land of J. Fish; thence again Northerly and along the West boundary line of said land of said J. Fish and Liguori Brothers 43.70 feet to the South line of land of one Otto; thence Westerly and along the Southerly line of land of Otto and parallel with Sixth Street 63.55 feet, more or less, to the East line of said alley; thence Southerly and along the East line of said alley 67.55 feet to the point of beginning, and being parts of Lots 20 and 21, Block 1 North, Range 1 West. Parcel 2: Beginning at a point in the West line of Monterey Street 42.10 feet Northerly from the Northwest corner of Sixth and Monterey Streets; thence along the West line of Monterey Street Northerly 24.20 feet; thence Westerly 76.60 feet; thence Southerly 24.57 feet; thence Easterly 76.50 feet to the point of beginning, and designated upon map 5 accompanying the re~ort of the Referees in the partition suit of Henry Mille~ et al vs. Massey Thomas et al in the Super:or Court of the County of Santa Clara, State of California, as Lot No. 18, B:=c~ 1 North, Range 1 West of the City of Gilroy. 799-07-068 02007 RB/GI/BF A 803-7-19 and 22 N: EXHIBIT A CALlf'ORNIA ALL-PURPOSE ACKNOWLEDGMENT P 2 8 2 rn GE I 896 County of On April 9, 1996 Santa Clara Photographic image may be poor due to condition of original document. State of California before me, Patricia K. Bentson, Notary Public Name and Title of Officer (eg., ~Jane Doe, Notary Public") Date personally appeared Charles Haines Namels) of Slgnerls) X 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 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. IQ-;~:~~-l i ~ CCMil#-' I ~ ~ NotaIyP\Mc-e~~ I SAMAClAMCOUNIY" '"" ~ ~ ~~~.~~.~~ J WITNESS my hand and official seal. .' -,- -L~) "- ~ -'....... ~ ?2-:r~<-<.< ______ - /' .<.._/~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Easement Agreement Document Date: Anril 9, 1996 Number of Pages: Four Signer(s) Other Than Named Above: RIck Smelser, City of Gilrov, Ci tv Engineer Capacity(ies) Claimed by Signer(s) Signer's Name: Charles Haines Signer's Name: RIGHT THUMBPRINT OF SIGNER Individual Corporate Officer Title(s): Partner - Limited General Attorney-in-Fact Trustee Guardian or Conservator Other: Top of thumb here Individual xx Corporate Officer Title(s): President Partner - Limited General Attorney-in-Fact Trustee Guardian or Conservator Other: Top of thumb here ,~.~ RIGHT THUMBPRINT OF SIGNER -'...-';- - ~.'.:-- . .~... Signer Is Representing: Hall's of Gilroy, Inc. Signer Is Representing: .~.; '.,-,1,' , @ 1994 National Notary Association' 8236 Remmet Ave. PO Box 7164' Canoga Park. CA 91309.7184 Prod. No. 5907 Reorder: Call Toll.Free 1.800.876.6827 P 2 8 2 pn GE I 891 CALI-FOAHIA ALL-PURPOSE ACKNOWLEDGMENT State of Californ1a County of On April 9, 1996 Santa Clara Dale Name and Title of Officer (e.g., -Jane Doe, Notary Publlc-) personally appeared Rick Smelser Name(s) ot Slgner(s} x personally known to me - OR - j~~~~~~~~~~~~~l Q:. ~r.BIJON i ...~ CCMl.~1 I ! . .....MIo - c..r........ . WMQAM . I~ ~ ~ ~~c~~~~ J 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 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. WITNESS my hand and official seal. ~;;,.J ~-~ Signature of ry PubliC OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Easement Agreement Document Date: ADril 9, 1996 Number of Pages: Four Signer(s) Other Than Named Above: Charles Haines, President of Hall's of Gilroy, Inc. Capacity(ies) Claimed by Signer(s) Signer's Name: Rick Smelser Signer's Name: Individual Corporate Officer Title(s): Partner - Limited General Attorney-in-Fact Trustee Guardian or Conservator X Other: Ci tv Engineer Top of thumb here RIGHT THUMBPRINT OF SIGNER Individual Corporate Officer Title(s): Partner - Limited General Attorney-in-Fact Trustee Guardian or Conservator Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Ci ty of Gilroy Signer Is Representing: @ 1994 Nallonal Notary Assoclallon' 8236 Remmet Ave, PO Box 7184' Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder Call Toll-Free '-800-876-6827