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Amaya, Juan & Patricia - 8349 Gaunt Avenue When recorded return to: DOCUMENT: 17136597 111111111111111111111111 ~0017136597~ Pages: 9 Fees. .~ No Fees Taxes. Copies. 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 RDE # 009 6/25/2003 10:41 AM SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 8349 Gaunt Avenue APN: 790-02-004 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT Juan & Patricia Amaya, 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 California, 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 $272.00, 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 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 three (3) month time period, at the request of Grantors, the City shall make payment to Grantors for the additional time on the same basis of valuation. 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 Grantors the value of such improvements, as determined by the lowest of three (3) independent bids, said payments shall be in addition to the purchase price for the Easement as set forth above. Payment to Grantors for the value of said improvements shall \J H\554 960.1 01-060304706002 -1- be made within sixty (60) days after the City has determined the lowest bidder. In addition, Grantors shall be responsible for the reconstruction and final acceptance of said improvements. (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 sl 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) The Property shall not be used for the storage of vehicles or any hazardous substance. (d) The City shall provide temporary fencing, meshing and black tarp during the time period of construction. (e) Grantors assume all responsibility for prior drainage or drainage system problems that existed with the current retaining wall. (f) City shall provide Grantors 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. 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. Executed on this day of ;;6 t; :z;, tJv JCitJ ,20Q,f. cz. Rhonda Pellin, City Clerk UH\554960.1 01-060304706002 -2- RBF Consulting 1981 N. Broadway, Suite 235 Walnut Creek, California 94596 EXHIBIT IIAII October 12, 2000 JN 35-100063-87 Page 1 of 1 LEGAL DESCRIPTION SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 7 OF TRACT NO. 4351 The westerly 8.00 feet of Lot 7 of Tract No. 4351, in the City of Gilroy, County of Santa Clara, State of California, as shown on a map thereof filed in Book 228 of Maps at Pages 13 and 14 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. f6t,J;J~. Patrick J~ Tami, L.S. 5816 ,............. "'""- I I I , 9 , ! SCALE: ,. = 40' 30' , , 30' , , I 55' , ,- -- L ~ - I , ~ , I ~ I ~ I TRAcT NO. ~ //351 <::::l I 8 I -r' cq ~ I ~ :::::i I ~ , ~ I ~ I :::::.: ( ~ ~ -7----f ;:..., ~ ~ 8' I (\ I \. ~ ~ -- - "'- ~ ;:..., - >7", - - - _ ~ (fi PAPPANl ~ ~- "\ ::::s ~ 8' \ I CS DRIVE ~ 92 \ ~ I ~ -- -1 .~ -7 V5 "-..:.. , I 8 I ~ -- ~I / ~ I I ~ I ( 13 ! L 228 iYi I J4 I -- --J I I I I I I ~-- 55' I 5 I 30' 30' t EXHIBIT "B" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 7 OF TRACT NO. 4351 SHEET 1 or 1 SHEET ~ PLANNINCl . CEBIClN . CONSTRUCTION 14725 ALTON PAPXWAY · · · AWE, CAUFOANIA 92~~-2027 CON 5 U LTI N G 949.4723505 . FAX 949.472.8:17:3 . ......PEFoom OCTOBER /2, 2000 J. N. 35-/00063 H: \PDA TA \ 10 100063 \DWG\MAP\EXHIBI TS\063E.XC87. DWG ALL-PURPOSE ACKNOWLEDGMENT r.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-., . State of California } . County of fA,,} IJ. cltl v a SS. t i i i . t i i i . t i WITNESS my hand and official seal. i I -~~I · OPTIONAL INFORMATION · t The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- t i ~~;:~; ;=:;ri~~ :I~:;n~PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT i . . a ~ INDIVIDUAL a , D CORPORATE OFFICER , i ~JltJ. [ f;t~~;~~~~:Jr..ch'", ~~ ,. , TITLE(S) . . t D PARTNER(S) t D ATTORNEY-IN-FACT 1 i D TRUSTEE(S) NUMBER OF PAGES i · D GUARDIAN/CONSERVATOR . t Dorn~: t t 2."/-0'7 t · DATE OF DOCUMENT · . . t SIGNER IS REPRESENTING: t i NAME OF PERSON(S) OR ENTITY(IES) i . OTHER. L._._._._._._._._._._._. _._._._._._.~ On ~~ tA ~d" '/ ',;; ()O7> (DATE) personally appeared J~ t\ 1-1 ,41"J'7 At '" tj ed"~~ R, l/o1/oc.et. J; (NOTARY) before me, SIGNER(S) D personally known to me ~ - OR- proved to me on the basis of satisfactory evidence to be the person(,.) whose name~) is/.ille subscribed to the within instrument and acknowledged to me that heJ&hr 1biliy executed the same in his/he' "I:.eir authorized capacity~), and that by his/kl:lbeir signature~ on the instrument the person(~, or the entity upon behalf of which the person~s) acted, executed the instrument. I':'" ~:.""" "GE"ORGE"" R." NOV AC"EK" jR."~ -. I Comm. # 1215837 (f) (J).. ~ . NOTARY PUBLIC. CALIFORNIA Contra Costa County : My Comm. Expires April 23.2003 APA 1/94 VALLEY-SIERRA,800-362-3369 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement Juan & Patricia Amaya APN 790-02-004 8349 Gaunt Avenue On March 21,2003, 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. ~d~teID _ i Si:=OfNmory p{ -Uu~ r:;.......,- -""- ." ....... ..~ ~ "~ON~~~N- - J ~ Commission. 1305815 z' Notary Public - California I j Santa Clara Countr - _ _ _ ~~_~~1~~1 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 Juan & Patricia Amaya This is to certify that the interest in real property conveyed by the Right of Entry and Temporary Construction Easement dated February 1, 2003 from Juan & Patricia Amaya, 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. 99-90 of the City of Gilroy adopted December 20, 1999, 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 #15167735, dated March 1,2000 and the grantee consents to recordation thereof by its duly authorized officer. In witness whereof, I have hereunto set my hand on March 2 the I:\CTYCLERK\FORMS\ACCEPT ANCE.DOC ...; '':\." . -. Name Street Address Juan Amaya 8349 Gaunt Avenue DOCUMENT: 16016299 Ti ties: 1 / Pages: 2 . .. ..... ... ._. ""... '"'' ow ,: ~ Fees. ... 10.00 Taxes. . . Cop i es. . -eeI6016299- AMT PAID 10.00 RECORDING REQUESTED BY , . Alliance Title Company AND WHEN RECORDED MAIL TO City, State Zip Gilroy, CA BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of AI I lance Title Company SPACE ABOVE THIS LINE FOR RECORDER'S USE RDE # 004 12/18/20131 8:00 AM Order No. 11043522-011-EJM INTERSPOUSAL TRANSFER DEED Individual Grant Deed (Excluded from Reappraisal Under Proposition 13) THE UNDERSIGNED GRANTOR(s) DECLARE(s) Documentary Transfer Tax is $ -0- THERE IS NO CONSIDERATION FOR THIS TRANSfER. Parcel No. 790..02-004 I ~ This is an INTERSPOUSAl TRANSFER under Sec. 63 of the Revenue and Taxation Code. Grantee(s) has (have) checked the applicable exclusion: (D) From joint tenancy to community property (D) From joint tenancy to tenancy in common (D) From one spouse to both spouses (see below) (D) From one spouse to the other spouse (see below) (0) To relinquish any community interest and to vest said property in the name of the grantee as his/her sole and separate property (0 ) Other GRANTOR(S): Patricia Amaya hereby GRANT(S) to Juan Amaya, a married man, as his sole and separate property the following real property in the City of Gilroy County of Santa Clara, State of California: See Exhibit A attached hereto and made a part hereof. ~ :J t J ..... h. Dated: December 10, 2001 STATE OF CALIFORNIA COUNTY OF Santa Clara } S. . On December 10. 2001 before me, Jane Morrison a Notary Public in and for said County and State, personally appeared Patricia Amaya 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. j . JANE MORRISON ~ Camm. # f 232833 NOTARY PUBLIC. CALIFORNIA (J) SIr.ll CIlia COll11ly - .' .. .'"'Y Co",~..E~p!'e6. AV9: :7.20?~ .1 (This area for official notorial seal) MAll TAX STATEMENTS TO PARTY SHOWN ON THE FOllOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & Stale , . Exhibit A All that certain real property situate in the City of Gilroy, County of Santa Clara, State of California, described as follows: Lot 7, as shown on that certain Map of Tract No. 4351 Northwaad, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on September 13, 1967, in Book 228 of Maps, page(s) 13 and 14. EXCEPTING THEREFROM all minerals, coals, oils, petroleum, gas and kindred substances under and in said land, but without the right of entry of the surface thereof, but with the right however to drill in through or under said land or to explore, develop, or take all minerals, coals, oils, petroleum, gas and other kindred substances in and from said land, all such operations to be conducted only below a depth of five hundred feet below the surface thereof.