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Kehrer, Robert & Kimberlie - 1207 Sycamore Court DOCUMENT: 17651341 Pages: 7 When recorded return to: Fees. . . Taxes. Copies. AMT PAID * No Fees City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City ROE f:I 001 3/09/2004 11: 35 AM SP ACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 1207 Sycamore Ct. APN: 783-39-028 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT Robert and Kimberlie Kehrer, 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 alon~ear and/or side of those lots that abut Santa Teresa Boulevard. '\~) This Easement is granted nnder the express conditions listed ~'~~~"l 1.. Grantor represents ,and warrants that Grantor is the owner4e !:.;"a~ a:d has the exclusive nght 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 $228.00, 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 ofthe 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. \JH\519726,1 o 1-D61304 706002 -1- 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 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 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 ofthe 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 Propel1y 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 .:J 7 {J.e> <:... ,2001. GRANTORS: 2/-",/ ~'~. /",. .'-' .. /-,--"'~":~..//" , /'-i-~~ Robert Kehrer Kun bv~ kJ\/\-Vl-/ Kimberlie Kehrer \JH\519726,1 01-061304706002 -2- . . STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement Robert and Kimberlie Kehrer, APN 783-39-028 On February 5, 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. WITN,!"Y hand and official seal. ~~ivU:F'-- ~jA4'- Signature ofNolary Public J.~==:.I I NaIary Public - CaifDmia f ~ Santa C.,. Coumy f _ _ _ ~~_~~1~~ per GC Sec. 40814; CC Sec. 1181 (Notary Seal) STATE OF CALIFORNIA } ss. COUNTY OF I~ . 2()P I On t.)U!.e-'~.2 7, ,before me, appeared R()b':.rf Oi-rlJ k' df~hC' [g"'personally known to me -OR- 0 , personally IS 4U. e/ k t:-fJ, e-r tt3 - 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 0 the instrument the person(s), or the 0 entity upon behalf of which the 0 person( s) acted, executed the 0 instrument. 0 5J~,~. LL~d ~ ~ ~;J..v,( tL/Jl> WITNESS my hand and official seal. UuA.JLu; t;~ SIGNATURE OF NOTARY /1L~R-<'.Jc...- .:2 '2 .2 (] ,J J " CHERRIE BAUER Notary Publi-c.State of Utah 6659 SOUTH 3380 weST West Jordan. Utah 84084 My Commission Expires AUG 22. 2004 \JH\519726.1 01-061304706002 -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. [i;( INDIVIDUAL o CORPORATE OFFICERS(S) Title(s) PARTNER(S) 0 LIMITED o GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERV A TOR OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) RBF Consulting 1981 N. Broadway, Suite 235 Walnut Creek, California 94596 EXHIBIT "A" October 12, 2000 IN 35-100063-34 Page 1 of 1 LEGAL DESCRIPTION SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 28 OF TRACT NO. 7818 The easterly 8.00 feet of Lot 28 of Tract No. 7818, in the City of Gilroy, County of Santa Clara, State of California, as shown on a map thereof filed in Book 564 of Maps at Pages 50 and 51 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. I?tJ;J;;': Patrick J./Tami, L.S. 5816 .' T Rj.J CT JV 0. / / /~ 1818 ~ - - '-...... '-...... '-...... /9 / 29 30 EXHIBIT "B" SKfTCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 28 OF TRACT NO. 7818 I / / / '-...... / '-......~ / / / /B / / / / / / -1 / I I 55' I I 55' I I I ~/~ ...., ~ s ..... C) '<:::; ~ ::... ~ I ~ ~ I ~ t-.. ~ ~ ~ ~ ~ ~ ~ t) ~ I I SCALf: 1. = 40' \ \ \ \ \ h-- / / / / I _- /'-- --- - ~ PBr: _- / 8' / / ~ \ / " / '-.y / ./" - -!... / ./" '" / ./" 564 M<r: - 51 SYCAMORE CT. } ( / '---- /' -r SHEET 1 or 1 SHEET ~ ~LANNINCI . DE:aIGN . CD"'8T"UCTlON 1C25 ALTON PAPKWAY · · · FMIE. CAI.JFORNIA 92e18-m7 CON S U LTI N G G49.472.3505 . FAX G49.47U373 . wwwFeFoom aerOBe&? 12, 2000 J.N J5-1000fi} ____ ~ . -. -.-. ~ ~.:;" ... .~ 1-" CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Robert & Kimberly Kehrer This is to certifY that the interest in real property conveyed by the Right of Entry and Temporary Construction Easement dated December 27,2001 from Robert & Kimberly Kehrer, 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 February 8,2002. (. i/ J a sa, City Administrator of the L~fGilrOY