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Adams, Gary & Chantal - 1201 Blue Parrot Court When recorded return to: DOCUMENT: 17942904 Pages: 6 IIJ II II 11111 11111/'11 " 11//,1/1 II Fees. +. No Fees Taxes. Copies. AMT PAID BRENDA DAVIS ROE # 007 SANTA CLARA COUNTY RECORDER 8/10/2004 Recorded at the request of 1: 59 PM City City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 1201 Blue Parrot Court APN: 783-54-052 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT Gary Adams and Chantal Adams, hereafter referred to as "Grantor," grants 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 California, described in Exhibit "A" (hereinafter "Property") attached hereto and made a part hereof. City desires to acquire a Right of Entry and Temporary Construction Easement (hereinafter "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. Grantor represents and warrants that Grantor is the owner of the Property and has the exclusive right and power to grant this Easement. 2. Grantor acknowledges that for the granting of said Easement, monetary compensation will be paid in the amount of $190.00, 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 ofthree (3) months within the time period of January 2002 and December 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 time period, at the request of Grantor, the City shall make payment to Grantor for the additional time on the same basis of valuation. \JH\588074.2 -1- 5. Where necessary, improvements on the Property will be removed by the City subject to prior written notice given by the City. The City will pay Grantor the fair market value of such improvements, as determined by the average of three (3) independent bids, said payments shall be in addition to the purchase price for the Easement as set forth above. Payment to Grantor for the fair market value of said improvements shall be made within sixty (60) days after the City has determined the average bid amount. In addition, Grantor shall be responsible for the reconstruction and final acceptance of said improvements. Note: This allows that if repairs are necessary, the City will not repair, but will obtain 3 bids and pay the average of the 3 bids to Grantor, and Grantor will hire a contractor of his choice. (a) Ifnecessary, the City has the right to enter the Property to make any warranty repairs or to correct defects in the work during a 1 year warranty period following the completion ofthe Project. Note: The one year from completion of Project will be at least 18-24 months after start of the overall Project. You will have approximately 24 months of warranty under this agreement. (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) The Property shall not be used for the storage of vehicles or any hazardous substance. (d) The City shall provide temporary fencing during the time period of construction. (e) Grantor represents and warrants that there are no existing drainage system problems with the property or the current retaining wall. City shall perform said construction work in a manner that does not impede or obstruct Grantors' existing drainage. The existing drainage pipe from Grantor's property that drains under the existing sound wall shall be extended to City's new storm drain system in Santa Teresa Boulevard. The cost of this extension shall be borne by the City and shall be in addition to the purchase price of the easement and in addition to the compensation determined by the average of the three bids stated above. (f) City shall provide Grantor thirty (30) days notice prior to the commencement of the three (3) month construction period. (g) City shall take reasonable precautions to prevent damage to the existing garage or garage foundation during construction work. City, at City's sole expense, shall repair any damage to existing garage or garage foundation caused by the Project's construction work. 6. 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. 7. 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. 8. 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. IJH1588074.2 -2- qfk d-u-~ G1b. Executed on this _ day of-Mfty 2004. By: tJAomicJ 2. AJ~ ChantC1l S. Adams \JH\588074.2 -1- STATE OF CALIFORNIA } ss COUNTY OF 5V:hv74 C!.t+:J/l.jq On ..::Tv,- 'I '1, 2L>07 ' before me, f'ifTR/l' ,Ii Ir'. 8E~1"p~i~~ally appeared c~ 5. 4bArY2.:> 111..)) CIlI1~'r/JL-s.. ,41),4r)o'\ S o personally known to me -OR- J&J proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is~subscribed to the within instrument and acknowledged to me that he/she/~) executed the same in his/her/~) authorized capacity(ies), and that by his/her/~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~ESS my hand and official seal. (~ ~.:-~ ~ SIGNATU , .. \JH\588074.2 -4- 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. ~ INDIVIDUAL D CORPORATE OFFICERS(S) Title(s) D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) STATE OF CALIFORNIA ) )ss, COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement Gary Adams and Chantal Adams APN 783-54-052 1201 Blue Parrot Court, Gilroy, California On July 12,2004, 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. WITNESS my hand and official seal. ;;j( net../.. I JA'.:.../(" Signature of Notary Public J - - -" - - ;.;;,:;.~... -I ~ . Commi8aion . 13051tl i Notary Public . CaifomIa ~ - - - ~:;:~;:!~( per GC Sec. 40814; CC Sec, 1181 (Notary Seal) CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Gary Adams and Chantal Adams This is to certify that the interest in real property conveyed by the Right of Entry and Temporary Construction Easement dated July 9, 2004 from Gary Adams and Chantal Adams, 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 12,200 . J r of the I:\CTYCLERK\FORMS\ACCEPT ANCE.DOC