Foskett, Bryn & Dena - 8580 Delta DriveWhen recorded return to:
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT: 15905031
A0Y159050YVI�'I�Y��
Titles :l / Pages
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BRENDA DAVIS RDE # 009
SANTA CLARA COUNTY RECORDER 10/10/2001
Recorded at the request of 4:24 PM
City
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 8580 Delta Drive
APN: 783 22 005
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
Bryn Foskett & Dena Foskett, 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 $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 time period, at the request of Grantor, the City shall make payment to
Grantor for the additional time on the same basis of valuation.
1JH1519726.1
01- 061304706002
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 l st 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 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 parry 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 `s '2001.
1JH1519726.1
01- 061304706002
STATE OF CALIFORNIA
ss.
COUNTY OF t,;.,u
On before me, !#44 (*:�.+ rrrl" personally
appeared
❑ personally known to me -OR'*
AMADO GUTIERREZ
I&Commiss +on # 1262114 Z
Notary Public - Calixomia
Santa Clara County
MyComm. 8p;-m Apr28, 2004 r
\JH \519726.1
01- 061304706002
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
he /she /they executed the same in
his /her /their authorized capacity(ies),
and that by his/her /their signature(s) on
the instrument the person(s), or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
a1 J
pus'
SIGNATURE OF ARY
-3-
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)
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
Bryn Foskett and Dena Foskett
On September 19, 2001, 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.
WITNE^/SS my hand and official seal.
Signature of Notary Public
per GC Sec. 40814; CC Sec. 1181
RHONDA PEUIN
C0fWftsion # 13(2;815
[@—MY Notary Public - Cast rrft Santa Clara Counttt Cmn firm Jun 19, 2005
(Notary Seal)
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Bryn Foskett and Dena Foskett
This is to certify that the interest in real property conveyed by the Right of Entry and
Temporary Construction Easement dated August 22, 2001 from Bryn Foskett and Nielson Dena
Foskett, 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 Septem
of the
City 4f Gilroy
RBF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT 'Wy
LEGAL DESCRIPTION
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION EASEMENT
WITHIN LOT 108
October 12, 2000
JN 3�- 100063 -20
Page 1 of 1
OF TRACT NO. 4849
The easterly 8.00 feet of Lot 108 of Tract No.
County of Santa Clara, State of California as 4849, in the City
Book 271 of Maps at Pages 8 and 9 in the OfficesofVfthenC�umap 'the eofffiledoi/n
Santa Clara County, my Recorder of said
SUBJECT TO all Covenants, Rights, Rights -of -Way and E
EXHIBIT attached and b asements �kbf Record.
y this reference made a Part hereof.
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