Felice, Joseph & Tessie - 8500 Delta DriveWhen recorded return to:
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
No Filing Fee Govt Code 6103
DOCUMENT: 16918902 Titles :1 / Pages
Fees....* No Fees
Taxes..
Copies.
A0016918902A AMT PAID
BRENDA DAVIS RDE # 001
SANTA CLARA COUNTY RECORDER 3/28/2003
Recorded at the request of 11:41 AM
City
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 8500 Delta Drive
APN: 783 -22 -001
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
Joseph & Tessie C. Felice, 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 $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 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
1JH1554960.1
01- 060304706002
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 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.
3 ct—,,
Executed on this day of , 204—
GRANTORS:
- �)PA
Jeopll Felice
Tessie C. Felice
1J H1554960.1
01- 060304706002
STATE OF CALIFORNIA
ss.
COUNTY OF .� X14 -a
On 44 (, 2ZI03 _, before me, 4�¢ur r R . l : ,
personally appeared G e t : e_ ,
❑ personally known to me -OR- g 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
1+@4w /they executed the same in
hiWier /their authorized capacity(ies),
GEORGE R. NOVACEK JR. �nd that by Weer /their signature(s) on
Comm. # 12.15837 ��tt��t�he instrument the person(s), or the
X49 g• NOTARY PUBLIC - CALIFORNIA Wntity upon behalf of which the
Contra Costa County ". person(s) acted, executed the
My Comm. Expires Aprii 23, 2003 instrument.
WITNESS my hand and official seal.
j7—
SI ATURE OF NOTAR
1JH1554960.1
01- 060304706002
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary
to till in the data below, doing so may
prove invaluable 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)
Jo
30
I
5,5'
I
q
I
I
�
�
I
�
�
TRIII CTI
JvJ. 43,41 J
w
I
I
I P. 0. B.
W
J
8'
I30
30 -
' v 55'
I I
I SO 1 '50'58 "W 24.73
\\
1 (FAD)
S48'1 1
'24 "W
34.78'
6=09 °57 '00 "
R= 443.00 ' 6 =03 '05'20 "
/
L= 76.93'
R= 443.00'
L =23.88 • I
I
WELBURN p IA VENUE
N04'56 " 18 "E
(RAD)
v
271
IV
EXHIBIT nB n
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION
EASEMENT WITHIN LOT 112
OF TRACT NO. 4849
I
SCALE. I" = 40
SHEET 1 OF 1 SHEET
PLANNING ■ DESIGN ■ CONSTRUCT90N
14725 ALTCN PARKWAY
FMNE, CALJFOFNA 92618 -2027
CONSULTING 949.472.3505 ° FAX 949.472.8373 ° w Yer-.c
OCTOBER 12, 2000 J. N. J5- 100063
H• IPOATA1J510005J1DWGIMAPIEXHIB ITS106JEX016.DWG
RBF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A" October 12, 2000
JN 35- 100063 -16
LEGAL DESCRIPTION Page 1 of 1
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION EASEMENT
WITHIN LOT 112 OF TRACT NO. 4849
That certain parcel of land situated in the City of Gilroy, County of Santa
Clara, State of California, being that portion of Lot 112 of Tract No. 4849 as
shown on a map thereof filed in Book 271 of Maps at Pages 8 and 9 in the Office
of the County Recorder of said Santa Clara County, included within a strip of
land 8.00 feet wide, the easterly and southeasterly lines of which are described
as follows:
BEGINNING at the northeasterly corner of said lot; thence along the easterly line
of said lot South 04 °56'00" West 50.27 feet to a point distant thereon
North 04 056'00" East 24.73 feet from the southeasterly corner of said lot;
Thence South 48 °11'24" West 34.78 feet to a point in the southerly line of said
lot, said point being in a curve concave southerly and having a radius of 443.00
feet, said point being distant thereon westerly 23.88 feet through a central
angle of 03 °05'20" from said southeasterly corner, a radial line of said curve
from said point bears South 01 °50'58" West.
Said strip of land shall be lengthened or shortened so as to terminate northerly
in the northerly line of said lot and southerly in the southerly line of said
lot.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXHIBIT attached and by this reference made a part hereof.
Q I 1 511ye �'7o�
OND S 1 1A f F` Patrick J Tami , L.S. 5816
No. 5816
Exp. 6.30 o
�TgTE OF CA������
STATE OF CALIFORNIA )
)Ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement
Joseph & Tessie C. Felice
APN 783 -22 -001
8500 Delta Drive
On February 27, 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.
-� oNan Pe.tJH
WITNESS my hand and official seal. ' ` Convr9mlon #13=15
z Notary Public - Cafdornh
Santa Clara Cou" .•
Ctxrtrn 6apirea .lam 19,
Signature of Notary Public
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
Joseph & Tessie C. Felice
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 Joseph & Tessie C. Felice, 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 Feby�r6ry 27
Ja�Npa'Xsa, City Administrator of the
I:\CTYCLERK\FORMS\ACCEPTANCE.DOC