Gardner, Charles & Norma - 8170 Delta DriveWhen recorded return to:
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT: 15905029
111111111111111111111111
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Titles:] / Pages
Fees....* No Fees
Taxes...
Copies..
AMT PAID
RDE # 009
10/10/2001
4:24 PM
SPACE ABOVE THIS LINE FOR ;RECORD ERS USE, O \LY
Project: Santa Teresa Boulevard
Project Improvement
Address: 8170 Delia Drive
APN: 783 -01 -003
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
Charles O. Gardner & Nonna J Gardner, hereafter referred to as "Grantor, "'''grants t�) the City of
Gilroy, hereinafter referred to as "City" a Right of Entry and Temporary Construction Easerrrent over,
upon and across a portion of that real property in the City of Gilroy, State of Califorliia, described in
Exhibit "A" ( hereinafter "Property") attached hereto and made a part hereof.
City desires to acquire a Right of Entry and Temporary Construction EasemEI6nt (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 rear anid /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 $306.00, 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 Ja'Inuary 2002 and
December 3l, 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 tenninate; 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.
UH1519726.1
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, whiich 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 an.� warranty repairs or
to correct defects in the work during the I s' 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 workland shall be done in a
good workmanlike manner.
(c) The Property shall not be used for the storage of vehicles or any ha;�ardous �;ubstance.
(d) The City shall provide temporary fencing during the time period of 'ponstrucition.
(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 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 A 2001.
GRANTORS:
7 %
ar es O a dner
Norma J. GaN ier
WH1519726.1
01- 061304706002 -2
ayJBa sa, City Adam' istrator
don a Pellin, City Clerk
STATE OF CALIFORNIA
SS.
COUNTY OF ��, . "L
On _1Z?f, i _, before me,
- wsonally
appcared C ,J , n (.
( ,
❑ personally known tome -OR- ❑ proved tome on the basis of satisfactory
evidence to be the person(s) whose
I'd LAMADO GUTIERREZ
Commission # 1262114
Notary PubQc _ Caffaric
Santo Clcm Cody
MYCOMI'M Bq9-WApr28,2M4 r
IJH1519726 1
01- 061304706002
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.
SIGNATURE O NOTARY
-3-
CAPACITY CLAIMED BY SIGNER
Though statute does not'!require the Notary
to fill in the data below, doing so may
prove invaluable to perslons relying on the
document.
❑ INDIVIDUAL
❑ CORPORATE OFFICERS(S)
SIGNER IS REPRESS VTINC:
Name of Persa)n(s) or Entity(ies)
Titlq(s)
❑
PARTNER(S) ❑' LIMITED
❑' GENERAL
❑
ATTOR\iEY- IN- FA,�CT
❑
TRUSTEE(S)
❑
GUARDIAN /CONSERVATOR
❑
OTHER
SIGNER IS REPRESS VTINC:
Name of Persa)n(s) or Entity(ies)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement
Charles O. Gardner and Norma J. Gardner
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 my hand and official seal.
ature of Notary Public
per GC Sec. 40814; CC Sec. 1181
lion # i3ON15
NOWry Pubr= - Cam
%F SWftCWMrA"
UY CWM Br" Am 19, 200
(Notary Seal)
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Charles O. Gardner and Norma J. Gardner
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 Charles O. Gardner and Norma
J. Gardner, 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 r.
RBF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A" Octo�ier 12, 2000
JN J5- 100063 -05
LEGAL DESCRIPTION Page 1 of 1
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION EASEMENT
WITHIN LOT 3 OF TRACT NO. 4667
The easterly 8.00 feet of Lot 3 of Tract No. 4667, in the City (?f Gilroy, County
of Santa Clara, State of California, as shown on 'a map thereof filed in Book 255
of Maps at Pages 5 and 6 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.
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'ETCH TO ACCOMPANY A
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IVTA TERESA BOULEVARD
WORARY CONSTRUCTION
sEUENT WIT/ -IN LOT 3
TRACT NO. 4667
F1 OF 1 SHEET
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OCTOBER 72, 2000
N. ss- 70006