Burnett, Michelle S. - 8313 Gaunt AvenueWhen recorded return to:
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
No Filin4 Fee Govt Code 6103
EVIWIi�VV���6�1��' «�e:, ...
AMT PA I D
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Pages: 7
RDE # 005
8/21/2003
1117 AM
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 8313 Gaunt Avenue
APN: 790 -02 -007
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
Michelle S. Burnett, 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:
I. 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 $256.00, 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 sl all 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 revolved 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.
1J H1554960.1
01- 060304706002
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 for the 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 I" 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 assurne 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 t'O /�C% , 2003.
GRANTORS: OF G
Michelle S. Burnett
IJH1554960.1
01- 060304706002
ay ak , City Administrate
Zhonda Pellin, City Clerk
STATE OF CALIFORNIA
ss.
COUNTY OF A&jt, r,
On /,4K� 114 )66:3, before me, �i -Fv,•� .o A0. Aolaee4j J.r.
personally appeared klc4e lle 5. fs.rhe!/
❑ personally known to me -OR- proved to me on the basis of satisfactory
evidence to be the personO whose
name( is /aye subscribed to the within
instrument and acknowledged to me that
4elshe /th®y executed the same in
htis /her /44eir authorized capacity(4ea),
• "" °^' *� GEORGE R. NOVACEK JR,' and that by •laris /her /heir signatures) on
11n' •= Comm, # 1417773 fNn the instrument the person(. or the
NOTARY PUBLIC -CALIFORNIA UI entity upon behalf of which the
b ` . Contra Costa County persons} acted, executed the
+one.•" My Comm. Expires May ....... instrument.
WITNESS my hand and official seal.
IGNATURE OF NOTAAY
I,111\554960.1
01- 060304706002
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary
to till in the data below, doing so may
prove it to persons relying on the
document.
INDIVIDUAL
CORPORATE OFFICERS(S)
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
Michelle S. Burnett
APN 790 -02 -007
8313 Gaunt Avenue
On August 19, 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.
WI S my hand and o al seal.
Signature of Notary Public
per GC Sec. 40814; CC Sec. 1181
wtONDA PELUN
Comnftsion # 130581 S
Notary Public - Caffmft
Basta Clara county
Mir Comm Eames Jun 19, 2005
(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 4 OF TRACT NO. 4351
October 12, 2000
JN 35- 100063 -90
Page 1 of 1
The westerly 8.00 feet of Lot 4 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.
-AND SURy�
IaRR£S
v a� No. 5816
Exp. L -aC *
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OF CA``����
Pa J� Fao--- - —
Patrick J. fami, L.S. 5816
SCALE- 1 " = 40' I
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EXHIBIT "B"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION
EASEMENT WITHIN LOT 4
OF TRACT NO. 4351
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55' I r I
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DRIVE
SHEET 1 OF 1 SHEET
fWF PLANNING ■ DESIGN ■ CONSTRUCTION
. . ■ 14725 ALTON PARKWAY
FUME, CALIFORNIA 92M-2027
CON 5 U LT I N G 949.4723505 • FAX 949.472B373 • '76F.com
OCTOBER 12, 2000 J.N. .i5- 100063
H.-JPDATA1101 0005J1DWGIMAPIEXHIBITS1063EX090 .DWG
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CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Michelle S. Burnett
This is to certify that the interest in real property conveyed by the Right of Entry and
Temporary Construction Easement dated August 19, 2003 from Michelle S. Burnett, 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
I: \CTYCLERK \FORMS \ACCEPTANCE. DOC
JaA�fta , City Ad ministrator of the
I lrov