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Garcia, Jesse R. - 9240 Jacaranda WayWhen recorded return to: City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 No Filiniz Fee Govt Code 6103 DOCUMENT: 16918909 Titles'1 / Pages 7 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City Fees....* No Fees Taxes.. Copies.. AMT PAID RDE # 001 3/28/2003 1141 AM SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 9240 Jacaranda Way APN: 783 -34 -026 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT Jesse R. Garcia, 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 $232.00, 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 Is` 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 Executed on this day of , 200/. j 1JH1554960.1 01- 060304706002 RBF Consulting 1981 N. Broadway, Suite 235 Walnut Creek, California 94596 EXHIBIT "A" October 12, 2000 LEGAL DESCRIPTION JN 35- 100063 -51 Page 1 of 1 SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 12 OF TRACT NO. 7636 The easterly 8.00 feet of Lot 12 of Tract No. 7636, in the City tbf Gilroy, County of Santa Clara, State of California, as shown on a map thereof 'filed 'in Book 545 of Maps at Pages 28 through 30 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 SU r - s� AMA �yF` Patrick T /7-1ami, L.S. 5816 S 1, p ��' No. 5816 Exp OF C STATE OF CALIFORNIA ss. COUNTY OF L On - 4oc) , before me, 1,y (?,,v ., r �, /VoL,14. e > personally appeared zles .j- . ' ) ❑ personally known to me -OR- W proved to me on the basis of satisfactory evidence to be the person(,&) whose name(w) is /ar* subscribed to the within instrument and acknowledged to me that he /s4e4hey executed the same in his /liz;44eir authorized capacity(ies), and that by his /hoa4"r signature(s) on �.. r GEORGE R. N'OVACEK JR. <the instrument the person(&), or the Comm. 4 1215831 entity upon behalf of which the �► �._ NO "f,vRY PUBLIC-CALIFORNIA -person(*) acted, executed the Contra Costa County My Comm, Expires April 23, 2003 "`Instrument. WITNESS my hand and official seal. SIGN URE OF NOTARY 1J H1554960.1 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. 2L 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) / I \ % I rF',11 C7 75 3 5 I 10 I I 1_ I I 3o 1 I � � I rJ � I l I I 13 I � 3o ' 1 I I 55 ' 23-30 EXHIBIT "B" - - --� SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR 55 ' 4a 1 W rc v� i �y Q 0 Z3 SCALE 1 " = 40' I SHEET I of I SHEET SANTA TERESA BOULEVARD PLANN�,hNO ® DEi81ON ■ CONSTRUCTION TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 12 � � 14725 ALTON PARKWAY OF TRACT NO. 7636 FMNE, CAUFORNA 92618 -2027 C ❑ N S U LTI N G 949.4723505 • FAX 949.472.8373 • wwwRBF.com OCTOBER 12, 2000 ✓, N. ,i5- 100063 H' I PDATA X351000152 ,DWG MAP iEXHIBI TS 063EX051. DWG STATE OF CALIFORNIA ) )SS. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement Jesse R. Garcia APN 783 -34 -026 9240 Jacaranda Way 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. WITNESS my hand and official seal. MO{'1°i4� IIN Camrs&sion # 190b815 Notary Public - Caftmin 0ESanta Clara County ttAy Comm. E*re e .trot 19, MM Signature of Notary Public (Notary Seal) per GC Sec. 40814, CC Sec. 1181 CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Jesse R. Garcia This is to certify that the interest in real property conveyed by the Right of Entry and Temporary Construction Easement dated February 3, 2003 from Jesse R. Garcia, 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 I:\CTYCLERK\FORMS\ACCEPTANCE.DOC