Barbosa, Catherine F. - 8698 Delta DriveWhen recorded return to:
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT: 16276360
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Titles :1 / Pages
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AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
SPACE ABOVE THIS
No Fees
RDE # 007
5/22/2002
1114 AM
USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 8698 Delta Dr.
APN: 783 -22 -013
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
Catherine F. Barbosa, 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 $378.00, 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 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.
(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 1st 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 and meshing 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 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.
Executed on this day of , 2002.
GRANTORS:
Catherine F. Barbosa
Administra r
Rhonda Pellin, City Clerk
ALL- PURPOSE ACKNOWLEDGMENT
F0 _•_•_•_• _•_•_•_•_•i•_•i• tate of California •
' County of L51AIO C/ y'a7 SS. '
•
IOn Ao,-I a?��. �?d0� before me, /f. /1/p ✓ac��. ✓�- ,
• (DATV (NOTARY) •
' personally appeared
SIGNER(S)
• ❑ personally known to me - OR- proved to me on the basis of satisfactory •
I evidence to be the person(A) whose name i
• P � �`
Iis /W subscribed to the within instrument and '
acknowledged to me that /she/fibi-ty executed •
' the same in kb /her /tom authorized '
• capacity( "), and that by hi4/her /d;i,—_ir I
Isignature( -s) on the instrument the person(.$),
• GEORGE R. NOVACEK JR. or the entity upon behalf of which the •
�p Comm. # 1215837 N person(g) acted, executed the instrument. '
Vl A NOTARY PUBLIC • CALIFORNIA
• Contra Costa County .. '
My Comm. Expires April 23, 2003 �
• WITNESS my hand and official seal. •
I '
I
• NOTARY'S SIGNATURE •
1 !
• OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this aclrnowl- '
! edgment to an unauthorized document. •
' CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT '
® INDIVIDUAL '
❑ CORPORATE OFFICER / — •
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• ❑ ATTORNEY -IN -FACT _� •
' ❑ TRUSTEE(S) ,
• ❑ GUARDIAN /CONSERVATOR
' ❑ OTHER:
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•
ISIGNER IS REPRESENTING:
• NAME OF PERSON(S) OR ENTITY(IES)
Le-411M. 0.0now 0.060M.
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APA 1/94 VALLEY - SIERRA, 800- 362 -3369
NUMBER OF PAGES '
•
1
DATE OF DOCUMENT
•
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OTHER
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement
Project: Santa Teresa Boulevard Project Improvement
Grantor: Catherine F. Barbosa
Address: 8698 Delta Drive
Parcel No.: 783 -22 -013
On May 8, 2002, 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.
Signature of Notary Public
per GC Sec. 40814; CC Sec. 1181
RHONa PeJ.l1
convdasion # 1306ate
Notary Public - cawomia
Santa Clam co"
My CWM ENO Jun 19, 2005
(Notary Seal)
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OF TRACT NO, 4849 WHEW CALIFORNIA 92618 -2027
C O N S U LT I N G 949.472.3505 • FAX 949.472.8373 ° w FBF.com
OCTOBER 12, 2000 J. N. 35- 100063 j
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CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Catherine Barbosa
This is to certify that the interest in real property conveyed by the Right of Entry and
Temporary Construction Easement dated April 25, 2002 from Catherine Barbosa, 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 May 8, 2002.