Harris, Jeffrey & Judy - 980 Sage Hill DriveWhen recorded return to:
City of Gilroy
City Hall
735 1 Rosanna Street
Gilroy, CA 9020
DOCUMENT: 16165436
111111111111111111111111
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Titles :1 / Pages
Fees....+ No Fees
Taxes...
Copies..
AMT PAID
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RDE # 003
3/19/2002
2 :21 PM
Project: Santa Teresa Boulevard
Project Improvement
Address: 980 Sage Hill Drive
APN: 783 -48 -100
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
Jeffrey L. Harris and Judy A. Harris, 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 $311.00, 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.
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
1JK519726.1
01 -061304706002
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 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 and meshing 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 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 2002.
G T S:
Jeffr Itirris
Judy Harris
1JH1519726.1 _2_
01 -061304706002
STATE OF CALIFORNIA
ss.
COU ,''TY OF S C ,,A
On 3610a before me,fAjac�,7 6,A6r; "J , personally
appeared �J
❑ personally known to me -OR- ❑
-•7
UH1519726.1
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.
-'S1FGNATME OF Y
-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) ❑ LLMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONS'�RVATOR
❑ OTHER:
SIGNER IS REPRESEti'rING:
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
Jeffrey L. Harris and Judy A. Harris
APN 783 -48 -100
On March 14, 2002, 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.
Swature of Notary Public
per GC Sec. 40814; CC Sec. 1181 (Notary Seal)
RBF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A" October 12, 2000
JN 35- 100063 -55
LEGAL DESCRIPTION Page 1 of 1
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION EASEMENT
WITHIN LOT 79 OF TRACT NO. 8563
That certain parcel of land situated in the City of Gilroy, County of Santa
Clara, State of California, being that portion of Lot 79 of Tract No. 8563 as
shown on a map thereof filed in Book 655 of Maps at Pages 39 through 43 in the
Office of the County Recorder of said Santa Clara County, lying southeasterly
and easterly of the following described line:
COMMENCING at the southwesterly corner of said lot; thence along the southerly
line of said lot North 79 °33'46" East 40.59 feet to the TRUE POINT OF BEGINNING;
Thence North 42 050'21" East 43.20 feet to a line parallel with and 8.00 feet
westerly of the most easterly line of said lot;
Thence along said parallel line North 04 055'54" East 39.21 feet to the northerly
line of said lot.
EXCEPTING THEREFROM that portion lying southeasterly of the following described
line:
COMMENCING at the southwesterly corner of said lot; thence along the southerly
line of said lot North 79 °33'46" East 45.92 feet to the beginning of a tangent
curve concave northwesterly and having a radius of 40.00 feet;
Thence along said curve, continuing along said southerly line easterly 9.71 feet
through a central angle of 13 °54'56" to the TRUE POINT OF BEGINNING;
Thence non - tangent from said curve North 42 050'21" East 31.01 feet to the
easterly 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.
E� 1 AND SE,
IAMESlgi. Patrick J. Tami, L.S. 5816
va
No. 5816
srq� OF CAL�E���
I --
TRACT Iv0, 353
139 43 t4,
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P. o. C. �a. 3
45.92
N7 •33 ' 45 31.14
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DA TA TABLE
----------------------------- ---------------------------------
( 31?%lD L TA RADI US LENGTH
F—)
1 N42'50 '21 E -- 31.01'
2 13'54'56 40.00' 9.71'
3 45'36'58" 40.00' 31.85'
\ 4 74'37'52" 40.00' 52.10'
>s / SCALE: 1' = 40'
n
EXHIBIT B
SKETCH TO ACCOMPANY A
LEGAL D£SCR/PT/ON FOR
SANTA TERESA BOULEVARD
j TEMPORARY CONSTRUCTION
EASEMENT WITHIN LOT 79
OF TRACT NO. 8563
SHEET 1 OF 1 SHEET
�I.ANNiMO ■ D[lION ■ t]OM>•TAUQTION
PRE CALF ~ 9166.2027
CONSULTING $0.47Z= . FAA 9QA7U 171 • wwwJW rn
OCTOBER 11, 2000 ✓. N. JS- 100053
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Jeffrey and Judy Harris
This is to certify that the interest in real property conveyed by the Right of Entry and Temporary
Construction Easement dated March 7, 2002 from Jeffrey and Judy Harris, 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 March
City Administrator of the
ty