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Brown, George & Denise - 1208 Blue Parrot CourtWhen recorded return to: City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 No Fili Fee Govt Code 6103 DOCUMENT: 17005236 111111111111111111111111 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages 7 Fees....* No Fees Taxes.. Copies.. AMT PAID SPACE ABOVE THIS LINE FOR RECORDERS Project: Santa Teresa Boulevard Project Improvement Address: 1208 Blue Parrot Court APN: 783 -54 -050 RDE # 008 5/01/2003 9:59 AM ONLY RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT George Brown and Denise Brown, 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 warrants that Grantor is the owner of the Property and has 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 $288.00, 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 estimates, 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 be made within forty -five (45) days after the City has determined and accepted the lowest estimate. 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 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, 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 SO4-A , 2002. G WZp ��� se Brown CITY OF GILROY: C.a ,jam Jay Baksa, City Administrator l RhoneY�,elli , City Clerk RBF Consulting 1981 N. Broadway, Suite 235 Walnut Creek, California 94596 EXHIBIT "A" October 12, 2000 JN 35- 100063 -39 LEGAL DESCRIPTION Page 1 of 1 SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 50 OF TRACT NO. 8898 The easterly 8.00 feet of Lot 50 of Tract No. 8898, in the City of Gilroy, County of Santa Clara, State of California, as shown on a map thereof filed in Book 685 of Maps at Pages 10 and 11 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. G�i !L mow►' \-AND S(/q` ` SgggfSlF�o� Patrick J. ami, L.S. 5816 aQ No. 5816 Exp. 6 --N- r�jgTf OF C AL\� i J f I I TRl1 C Jvo, a-,-i I I I I I i I I II 55 EXHIBIT "B" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 50 OF TRACT NO. 8898 55' I w w w I � ISCALE: 1 " = 40' � I SHEET 1 OF 1 SHEET [OF PLANNIND ■ DESIGN ■ CONSTRUCTION 14725 ALTON PARKWAY ■ ■ ■ FMW- CALFORMA 92618-2027 CONSULTING 949.472aso5 • FAX 949.4729373 • w FSF.com OCTOBER 12, 2000 J.N. J5- 100063 H. I PDATA Q510005J I DWG � MAP �EXHI BI TS � 06JEXOJ9. DWG ALLaPURPOSE ACKNOWLEDGMENT State of California ' I ' County of _5-2h SS. ������ ' On J,,,.( 2, Z607 before me, �-7e'06h /� - ��/ °�ace�, J, (DATE) (NOTARY) i ' personally appeared SIGNER(S) • • ❑ personally. known to me - OR- proved to me on the basis of satisfactory I evidence to be the person(s) whose name(s) • 1 • Ware subscribed to the within instrument and ' acknowledged to me that /they executed • ' £ooa'£a 10V sa,,dxI mwa3 ��� the same in hi 'their authorized I ., A1una3 elso' eil W ,a • capacity(ies), and that by � /their ' 1 to tl►NEi0311y3 �I181d A8VIOPJ V/ Lf8Gili # •wwo) ( signature(s) on the instrument the person(s), } Br N33YAON 'V 398039 � or the entity upon behalf of which the • • person(s) acted, executed the instrument. ' ! WITNESS my hand and official seal. • • 1 NOTARY'S SIGNATURE • !• 1 OPTIONAL INFORMATION ' IThe information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. ' ' CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ' • INDIVIDUAL • CORPORATE OFFICER ) j _ ! • �S' � i ef" �"ikiy Cl,�rl �o ti-0ord, ^q C�ae'iio ' TT E OR TYPE O DOCUMENT ' TITLE(S) • • '' ❑ PARTNER(S) • ❑ ATTORNEY -IN -FACT • 1 ❑ TRUSTEE(S) NUMBER OF PAGES ' • ❑ GUARDIAN /CONSERVATOR ' ' ❑ OTHER: ' ' Je.(y 2 Z6o Z. I -SATE OF DOCUMENT ' SIGNER IS REPRESENTING: ' ' NAME OF PERSON(S) OR ENTITY(IES) ' OTHER i • APA 1/94 VALLEY - SIERRA, 800- 362 -3369 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of On 4"t l�2, x266.3 before me, Date personally appeared ,,personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /pe subscribed to the within instrument and acknowledged to me that he /s a executed the same in his /her/ eir authorized capacity(ies), and that by his/her/trEe3 PATRICIA K. BENTSON signature(s) on the instrument the person(s), or Commission # 1219117 the entity upon behalf of which the person(s) Z -s Notary Public- Calitania acted, e cec.,ted the instrument. Santa Clara County My comm. E iresJun9,20txi WI SS my hand and ial seal. Place Notary Seal Above Sig ature of Notafy Pu lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Do ument Title or Type of Document: X fGA:t 6 �'-h l R -41 .a j"2Z4 t — )yla1e lz 4v Document Date: 7�C7� Number of Pages: Signer(s) Other Than Named Above: 41 6-qe Rh own and `ice' Capacity(ies) Claimed by Signer Signer's Name: " M ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian r Con ervatRQr 9 Other: 4r 01t , ff�m ins Q lkr Signer Is Representing: C,, to d © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 Prod. No. 5907 Reorder: Call Toll -Free 1- 800.876 -6827 CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by George and Denise Brown This is to certify that the interest in real property conveyed by the Right of Entry and Temporary Construction Easement dated July 2, 2002 from George and Denise Brown, 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 August 9, 2002 . r By:� - Jay Baksa, City Administrator of the City of Gilroy