Jensen, Kort & Cherie - 1145 Bay Tree Drive
DOCUMENT:
17005234
Pages: 7
11111 H 1I1~ 1111
When recorded return to:
:ct0017005234~
Fees.- No Fees
Taxes,
Copies.
AMT PAID
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE ** 008
5/01/213133
9:59 AM
No Filing Fee Govt Code 6103
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 1145 Bay Tree Drive
APN: 783-39-018
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
KOlt D. & Cherie L. Jensen, 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:
I . 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 $452.50, 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 eosts 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
\JH\554960.1
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 15t 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. A minimal of a 6 foot high cyclone fence will be installed to protect the
swimming pool area against intruders prior to any construction ofthe sound wall
(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.
Executed on this day of ~ L. 8 ,2003. <ft}
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REF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A"
January 8, 2001
JN 35-100063-08
Page 1 of 1
LEGAL DESCRIPTION
SANTA TERESA BOULEVARD
STREET VACATION
ADJACENT TO LOT 18 OF TRACT NO. 7818
All that certain real property situated in the City of Gilroy, County of Santa
Clara, State of California, described as follows:
BEGINNING at the most southeasterly corner of Lot 18 of Tract No. 7818, as said
lot is shown on the map filed in Book 564 of Maps at Pages 50 and 51 in the
Office of the County Recorder of said Santa Clara County;
THENCE northerly along the easterly boundary line of said Lot 18, North
05028125" East 90.04 feet;
THENCE leaving said easterly boundary line, at a right angle, North 84031'35"
West 2.00 feet;
THENCE South 05028'2511 West 90.04 feet;
THENCE at a right angle, South 84031'35" East 2.00 feet to the POINT OF
BEGINNING;
CONTAINING: 180 square feet, more or less.
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record.
EXHIBIT attached and by this reference made a part
hereof.
l?~jt~
Patrick J. Tami, L.S. 5816
License Expires: 6/30/04
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EXHIBIT "8"
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
SANTA TERESA BOULEVARD
;TREET VACATION
ADJACENT TO LOT 18
OF TRACT NO. 7818
CONTAINING: 180 SQ. FT.
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FLANNIN13
r.iI DESIGN II CONSTRUCTION
14725 ALTON PARI~WAY
IRY1NE, CAUFOPNiA 92618-2027
949.4723505 . FAX 949.472.8373 . www.R9F.com
CONSULTING
JANUARY 8, 2001 J.N. 35-100063
H: \PDA TA \35 100063 \DWr, \ \MAPPfNG\fXHfBI TS\053[){/25.DWG
STATE OF CALIFORNIA
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COUNTY OF .)JJa dJ'd
Onrd,. "21J()~ ' before me, QU'~ K. d>"f:JI..<.'r",J, ,
personally appeared J(/J,+P. J........"...... 41; c.."''''M:~ I.. J.....,..--. ,
o personally known to me -OR- Ill' proved to me on the basis of satisfactory
evidence to be the person(s) whose
name(s) ..,/are subscribed to the within Ltl'
instrument and acknowledged to me that n.
~/they executed the same in
~r/their authorized capacity(ies),
I' .... .... ............. .... .u and t.hat by ~/their signature(s) on
J L ". GEORGE R. NOVACEK JR. ~ the Instrument the person(s). or the
_ : ...... ~ Comm. # 1215837 entity upon behalf of which the
If) ~ ..~. NOTARY PUBLIC. CALIFORNIA ~ person( s) acted, executed the
1. .. Contra Costa County ..., instrument.
My Comm. Expires April 23.2003 ~
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IJH1554960.1
01-060304706002
CAP ACHY 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)
D PARTNER(S) 0 LIMITED
D GENERAL
o ATTORNEY-IN-FACT
D TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement
Kort D. & Cherie L. Jensen
APN 783-39-018
1145 Bay Tree Drive
On March 21,2003, 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.
~d and 062ffi.~ial seal.
0, ' >ifl- /~ ~A.--
... Signature of Notary Public
J- - - -
- ~~~:;I7;N- ....
. Commlssioo 11 """',. ,
z Notary Public - CaJJfomia ~
J '\S1. Santa Clara County f
~. My Comm. Expires Jun i g, 2OlJ5 ~
"~~'7:r'l>".'.;'7"~'j<>;~,o;:tf,~:l"~''{.;;"";~'~~'~l!'~''}~l
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
Kort D. & Cherie L. Jensen
This is to certifY that the interest in real property conveyed by the Right of Entry and
Temporary Construction Easement dated February 8,2003 from Kort D. & Cherie L. Jensen, 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 2
I:\CTYCLERK\FORMS\ACCEPT ANCE.DOC