Bialorucki/Day - 9360 Benbow DriveWhen recorded return to:
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT: 16165435
111111111111111111111111
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Titles :1 / Pages: 7
Fees....* No Fees
Taxes...
Copies..
AMT PAID
RDE # 093
3/19/2002
2 :21 PM
USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 9360 Benbow Dr.
APN: 783 -48 -107
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
Edward Bialorucki & Samantha Day, 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 $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 (3) three consecutive 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.
1JH1519726.1
01- 061304706002
(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 lst 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:
1, 21 t4l, zz� S4-
E: d Bialoruv�ck��i
L
Samantha Day
IJH1519726.1 _2_
01- 061304706002
STATE OF CALIFORNIA
Title(s)
COUNTY OF
ss.
(,� �� �,k� before
On M,M,� r
me, ,i�:L, personally
appeared E,-Acuc..rd��l�I
ATTORNEY -IN -FACT
personally known to me -OR- roved to me on the basis of satisfactory
TRUSTEE(S)
evidence to be the person(s) whose
GUARDIAN /CONSERVATOR
name(s) is /are subscribed to the within
OTHER:
instrument and acknowledged to me that
he /she /they executed the same in
his /her /their authorized capacity(ies),
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and that by his /her /their signature(s) on
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the instrument the person(s), or the
comma
entity upon behalf of which the
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person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTA
1JH1519726.1 -3-
01- 061304706002
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
❑ CORPORATE OFFICERS(S)
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
Title(s)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY -IN -FACT
❑
TRUSTEE(S)
❑
GUARDIAN /CONSERVATOR
❑
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
Edward Bialorucki & Samantha Day
APN 783 -48 -107
On March 14, 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 officia seal.
signature of Notary Public
per GC Sec. 40814; CC Sec. 1181 (Notary Seal)
RBF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A"
LEGAL DESCRIPTION
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION EASEMENT
WITHIN LOT 86 OF TRACT NO. 8563
October 12, 2000
JN 35- 100063 -62
Page 1 of 1
The easterly 8.00 feet of Lot 86 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.
SAND Stlq\
JAMES
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EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION
EASEMENT WITHIN LOT 86
OF TRACT NO. 8563
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SHEET 1 OF 1 SHEET
PLANNING ■ D[■IGN ■ CONGTRUCTION
14725 ALTON PARKWAY
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CONSULTING 949.4723505 • FAX 949.472A= • w FW,=n
OCTOBER 12, 2000 J. N. 35-100063
tt POATA W 100063 0#G I WAPI EXHIBI TS 1063Ex062. DWG
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Edward Bialorucki and Samantha Day
This is to certify that the interest in real property conveyed by the Right of Entry and Temporary
Construction Easement dated March 5, 2002 from Edward Bialorucki and Samantha Day, 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 19, 2002.