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Novak, Jennifer L When recorded return to: DOCUMENT: 19694473 111111111111111111111111 Pages: 5 City of Gilroy City Clerk 7351 Rosanna Street Gilroy, CA 95020 Fees. Taxes. Cop i es. . AMT PAID '" No Fees REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE tl 006 12/27/2007 3: 11 AM SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Remove and relocate sewer line. Installation of temporary construction fencing within the yard. Address: 7831 Santa Theresa Drive, Gilroy CA 95020 APN: 808-13-030 RIGHT OF ENTRY AGREEMENT Jennifer Novak ., hereafter referred to as "Grantor," grants to the City of Gilroy, hereinafter referred to as "City" a Right of Entry Easement over, upon and across a portion of that real property in the City of Gilroy, State of California, described in Exhibit "A" (hereinafter "Property") attached hereto and made a part hereof. City desires to acquire a Right of Entry and Easement (hereinafter "Easement") for the purpose of removing and relocating a sewer line within a City easement. This Easement is granted under the express conditions listed below: 1. Grantor represents and warrants that Grantor is the owner of the Property and has the exclusive right and power:to grant this Easement. 2. Upon receipt of this grant of Easement, duly executed and acknowledged, City shall arrange for its recordation. The City will pay any and all costs associated with this transaction. 3. This Easement shall continue in full force and effect until such time the construction of the Project has been completed and accepted by the City at such time the Easement shall terminate;--.U! period not to exceed 90 days). 4. Where necessary, improvements on the Property will be removed by the City. Such improvements will be reconstructed at the City's sole expense upon the termination of the Easement. (a) If necessary, the City has the right to enter the Property to make any warranty repairs or to correct defects in the work during the 1 st year warranty period following the completion of the Project. (b) All work performed by the City on the Property shall conform to applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be done in a good workmanlike manner. \JH\540176.1 01-011404706002 -1- .... (c) The Property shall not be used for the storage of vehicles or any hazardous substance (d) City shall provide Grantor seven (7) days notice prior to the commencement of the construction period. (e) City shall install temporary fencing to enclose the construction site at all times. Temporary fencing shall secure the perimeter of the construction work and residential properties, preventing access by people or animals to enter the construction site or to enter the residential properties from the construction site. (f) City shall not place construction materials within 2 feet of the base of the palm trees located in the public utility easement of 7831 Santa Theresa. City shall replace the palm trees in-kind if they are damaged during the work. (g) City may use the gate on the west end of the 7831 Santa Theresa property to access the construction site. (h) City shall temporarily remove the fence on the east side of 7831 Santa Theresa to access the upstream manhole. City shall restore the fence after the work is done to like or better condition. 5. City agrees to indemnify and hold harmless Grantor from and against any and all claims, damages, liabilities, costs or any expenses whatsoever, arising from or caused, 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 Agreement, the prevailing party shall be entitled to recover its costs and attorney's fees from the other party. 7. This Agreement contains the entire agreement between the parties regarding matters conveyed herein and shall inure to the benefit of and be binding upon the successors and assigns of both parties. Executed on this day of tJ~f. $0I:!.t ,2007. GRANTOR(s): ~;fVL/L1fl1 ~ Je m er Novak Property Owner \JH\540176.1 01-011404706002 -2- ~. . " CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~.c<".c<:-.c<:-..c<'..c<',C('.c<".c<"..c<'..c<'..c<'..c<',C('.c<"^X'-'C<'..c<'~~...d'~~.-c<'~~~&--{;s':'2,Q.X;<::5XL":~;:'-.~; ,.~{AX~;~X;:':O:'<:~'<A;:{'d^~(X:{;-<;;< State of California (~ \ County of :::)~_. . 0.- On \ 0 j .3 0 /07 before me, t Date I ~_ (l personally appeared .J e fl J1 / JeJ ~ /i 1~ L\G, yu,_ ~~ J '( ,"'--". AJul~r LA l6b ,0 C. Name and Title of Officer (e.g.,("J e Doe, Notary Public") 1 ;: ;' 7 (() t- P j 0 r.//~ "'\ ,,-t.... I f '-<.. l"rame(s) of Signer(s) D personally known to me I~-----::::~:------~ . COIMIIf~~766011 I I NoIaIy PubIc . CaIIfomIa I IcMIa Clara County - 1.-----~~~~~,.lJ ~ (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. Place Notary Seal Above WITNESS my hand and official seal. , ---) ~ \.--/1. ,,/ ,~~ Signature '--: ,< OlD Signature of Notary 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: K " 3\;'\\ Document Date: ,() J 3> ) 6 7 I f Signer(s) Other Than Named Above: i\jre() N\0,V\\ \, o~' f: <,,-\, j 3 Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ~ Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer's Name: [J Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact [J Trustee o Guardian or Conservator [J Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Top of thumb here Signer Is Representing: Signer Is Representing: ~"'.:.:;..y~~~ ~"c::;,..''''(~^~;,(~;:z.:,'''(:::{_>t>(-;;:.-_;.(,>' _J_~:~__/(,_Y--':'_,,'_~~-_<; :0<~":_;(~~;_.X~;~'_-i(7-C:z.;'{:A:.'t:7:~_:_:A,-;'{j;'-;~-:<'"'::'C:'j.~"'~=Z:-,~:'];;"(..:7, @ 2006 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Cail Toll-Free 1-800-876-6827 . . CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Jennifer Novak This is to certifY that the interest in real property conveyed by the Right of Entry Agreement dated October 30, 2007 by Jennifer Novak, 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 December 19, 2007 ~ ,."",~___---=-_."_.-"_~~__A_____"~_'._.",,,~_~^,.,. //' - ., STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: RIGHT OF ENTRY AGREEMENT 7831 Santa Theresa Drive Gilroy, CA 95020 APN 808-13-030 Jennifer Novak On November 7,2007, before me, Susan R. Johnson, 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. WITNESS my hand and official seal. l~~~~~~~~~~~~~ @ SUSAN R. JOHNSON . Commission # 1543104 ~ . ,,; Notary Public - California ~ j Santa Clara County d ~ ~ _ ~.:o:m,;..~~J~~2 &.\/)0. A-. R-. ~n./)ey\ . / Signature of Notary blic per GC Sec. 40814; CC Sec. 1181 (Notary Seal)