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Abraham, William & Claudia - 9320 Benbow Drive DOCUMENT: 17836120 Pages: 8 e-.~ ~', 0\ ~ at ~ \ \l!) (1 When recorde<l return to: 11II11111111111111111111 Fees, · No Fees Taxes. , Cop i es, ' AMT PAID City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 No Filing Fee Govt Code 6103 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City SPACe ABUVE THIS LINE FOR RECORDERS USE ONLY ROE ** 006 6/09/2004 4:09 PM Project: Santa Teresa Boulevard Project Improvement Address: 9320 Benbow Drive APN: 783-48-103 RIGHT OF ENTRY AND TEMPOR.LA..RY CONSTRUCTION EASEMENT William Asis Abraham and Claudia Diaz-Abraham, hereafter referred to as "Grantors," grant to the City of Gilroy, hereinafter referred to as "City" a Right of Entry and Temporary Construction Easement over, upon and across a portion of that real property in the City of Gilroy, State of Cali fomi a, described in Exhibit "A" ("Property") attached hereto and made a part hereof. City desires to acquire a Right of Entry and Temporary Construction Easement ("Easement") for the purpose of constructing the Santa Teresa Boulevard Improvement Project ("Project"). The Easement is necessary to construct a concrete Sound Wall along the rear and/or side of those lots that abut Santa Teresa Boulevard. This Easement is granted under the express conditions listed below: 1. Grantors represent and warrant that Grantors are the owners of the Property and have the exclusive right and power to grant this Easement. 2. Grantors acknowledge that for the granting of said Easement, monetary compensation will be paid in the amount of$160.00, based on the rental rate of eight percent (8%) annually for a period of three (3) months. 3. 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. 4. This Easement is for a period of three (3) months within the time period of April 2004 and October 31, 2004. This Easement shall not be revoked and 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; or no later than December 31, 2004. In the event that the City occupies the Property beyond the specified three (3) month time period, at the request of Grantor, the City shall make payment to Grantor for the additional time on the same basis of valuation. 5. 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, or if reconstruction is not feasible, the City will pay Grantor the value of such improvements, which payments shall be in addition to the purchase price for the Easement as set forth above. \JH\613440,2 o 1.{)41304.{)4 706002 -1- (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. (c) Grantor's property or the Property shall not be used for the storage of vehicles, portable toilets, chemicals or any hazardous substance. Gasoline powered equipment shall not be stored or operated on Grantor's property. (d) The City shall provide temporary fencing, meshing and black tarp during the time period of construction. (e) Grantor assumes all responsibility for prior drainage or drainage system problems that existed with the current retaining wall. (f) City shall provide Grantor thirty (30) days notice prior to the commencement of the three (3) month construction period. 6. City agrees to indemnify and hold harmless Grantors 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. 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 A-p."...ll~l ' 2004 STATE OF CALIFORNIA } COUNTYOF~'~' Ct:'Vt~ 55. \JH\613440.2 01.{)41304.{)4706002 ~ '~:"...:-"~ \ L-.~. -2- on#r- \ \ Zl , 2-Ct1. before ~e,Kc> b :J/'~-l~ (1..j-i{,';;sonallY appeared VI,.,.H,,~.'k ~",>~L> A\::".h'l-" . (./...,.......( ~ b_;"l. f\b...lh",,~\ ~ersonally known to me -OR- 0 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/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. hand and official seal. RE OF NOTARY ....-------------......-..-.---1 ROBERT C. PlAIT JR. l a CommisSion' 13625~ z ~ Notary Public - Canfom.. ~ I Santa Clara County 1 My Comm Expinls Jun 28, 2008 -----_...~-------~ \JH\613440.2 01.{)41304.{)4706002 -3- 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. o INDIVIDUAL o CORPORATE OFFICERS(S) Title(s) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV A TOR o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) STATE OF C~~IFO~IA } ss. , COUNTY OF M,cL,,,,..--., a n - On Apv,I ~lla',(tbeforeme,_J::c ~;~+CJ//'-Air~ personally appeared tv. I!. .un .(..~, 4 hi::! ;!:.~ ... '-. t.,: -L., D ,7:.. Ah'~ j.,.,;,~ ~SOnaIlY known to me -OR- 0 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 hislher/their authorized capacity(ies), and that by hislher/their signature(s) on 0 the instrument the person(s), or the 0 entity upon behalf of which the 0 person(s) acted, executed the 0 ill 0 J .... .... .... .... ;~~~.~; ;..... J ~ Commission" 1362599 z ~.. Notary Public - California ~ tc".~,<~~~~~~~~~f \Jl-ll554960.1 o 1-()60304 706002 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. o INDMDUAL o CORPORA IT OFFICERS(S) Titlc{s) PARThlER(S) 0 LIMITED o GENERAL ATIORNEY.IN-FACT TRUSITE(S) GUARDIAN/CONSERVATOR OTIIER: SIGNER IS REPRESENTING: Name of Pcrson(s) or Entity(ies) ST ATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TiTLE OF DOCUMENT Right of Entry and Temporary Construction Easement William Asis Abraham and Claudia Diaz-Abraham APN 783-4R-l 03 9320 Benbow Drive, Gilroy, California On May 5, 2004, before me, Rhonda PeHin, Notary Public, personaily appeared Jay Baksa personally known to me to be the person whose name is subscribed to the within instrument and acknowiedged to me that he executed the same II1 his aulhonzed capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instIllment. WITNESS my hand and official seaL J-~--=f.~~I-f J." NotaJy Public - CaifomiI S Santa Clara Countr - ..,eamm. Expinle JlrI19, 2D05 _____.__~_____I ~~~(&2J~ ' Signature of"Jotary Public pPf fi-C Sec 408t4; CC See 1181 (Notary Seal) RBF Consulting 1981 N. Broadway, Suite 235 Walnut Creek, California 94596 EXHIBIT "A" October 12, 2000 IN 35-100063-58 Page 1 of 1 LEGAL DESCRIPTION SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 82 OF TRACT NO. 8563 The easterly 8.00 feet of lot 82 of Tract No. 8563, in the City of Gilroy, County of Santa Clara, State of California, as shown on a map thereof filed in Book 655 of Maps at Pages 39 through 43 in the Office of the County Recorder of said Santa Clara County. SUBJECT TO all Covenants; Rights, Rights-of-Way and Easements of Record. EXHIBIT attached and by this reference made a part hereof. !l1r.;J ;j~. Patrick J./Tami, L.S. 5816 ~- -- 30' t TP.A CT NO. 3563 t 85 55' - -- I -- / -- I 85 gz I~ ~ :::;) t- ~ ~ -- 2:3 ~ r-...;/ -- ~ :/ t -- ~ ~ 84 ~ ~ I ~ ~ ~ ~ ~ I i:! ~ .~ -- - - ~ / -- ~ ~ I <; ~ 83 0 ~ I ~ '-.:.. / I t- ( \- I J / .30' ../ EXHIBIT 'B' SKUCH TO ACCOMPANY A lECAL DCSCRlPnON FOIi SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WlTHIN- LOT 82 OF TRA CT NO, 8563 f--=-=-=:- - - -=:-- - " / " f ":=-:J?~/_ /- '-'- '",,- / .... f , ( I --- --- 8' "- 8' I 6r'r' ::J::J M 8/ 39 - 43 - -- -- 80 55' .............. I ............ ............ SCALE: ,. = 40' ............ 79 SHErr 1 OF I SHErr DAI::' ~NIH. · Dn.." . CONeTllUCTlO" I ~ MnS.<L1tIHI'Nt:WAY · · · fME. CIU'a'tM _'IUD CON 9 U LT' N G _~ . FAA -C2.I3n . ...pac~ OCTC<<R 11, 2000 J.N. J5--1CXXJ6J It IfDA TA \.15I0C\?6J\Olr.;\ \JJAP\[XH/8f TS105JUDse Dr.; CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by William Asis Abraham and Claudia Diaz-Abraham THIS IS TO CERTIFY that the interest in real property conveyed by the ~~~~ Right of Entry and Temporary Construction Easement dated April 29 from William to the City of Gilroy, a municipal corporation of the State of 2004 Asis Abraham and Claudia Diaz-Abraham California is hereby accepted by the undersigned officer on behalf of the City of Gilroy pursuant 2004-20 March 15, 2004 to authority conferred by Resolution No. 2x~ of the city of Gilroy adopted ~~gp{:t~:t99~ a certified copy of which resolution is on record in the office of the County Recorder of the 17703402 April 6, 2004 County of Santa Clara, State of California, document thl~2i~'k dated ~iz:~ol~ and the grantee consents to recordation thereof by its duly authorized officer. In witness whereof, I have hereunto set my hand on May 5, 2004 ....^ u \JH\554960.1 01-060304706002