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Marshall, Ronald & Catherine - 9350 Benbow DriveDOCUMENT: 17651342 When recorded return to: Page : 7 Fees.... No Fees Taxes... Copies.. AMT PAID City of Gilroy BRENDA DAMS RDE # 001 City Hall SANTA CLARA COUNTY RECORDER 3/09/2004 7351 Rosanna Street Recorded at the request of 1 1 35 AM Gilroy, CA 95020 C i t y SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 9350 Benbow Dr. APN: 783 -48 -106 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT Ronald D. and Catherine A. Marshall, 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 list t 2, 1. Grantor represents and warrants that Grantor is the o r Af thoI���i`erty 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 $160.00, 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 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. W1519726.1 -1- 01 -061304706002 (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 ls` 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 /° Z Z--, 2001! GRANTORS: Ronald D. Marshall Catherine A. Marshall IJK519726.1 01 -061304706002 Administrato Pellin, City Clerk STATE OF CALIFORNIA ss. COUNTY OF(4 v a On before me, �,��,,��, �,};z: ��� personally CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary appeared ( �cjEl Q -If f LAM, ❑ personally known to me -OR- [proved to me on the basis of satisfactory to fill in the data below, doing so may prove invaluable to persons relying on the evidence to be the person(s) whose document. name(s) is /are subscribed to the within INDIVIDUAL instrument and acknowledged to me that ❑ CORPORATE OFFICERS(S) he /she /they executed the same in his /her /their authorized capacity(ies), Title(s) and that by his/her /their signature(s) on ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL AM p GU1lEKRE2 AD # 1262114 x the instrument the person(s), or the upon behalf of which the ❑ ATTORNEY -IN -FACT CominisDr Cof, fO(Tito PUbltc ` Coiner entity person (s) acted, executed the ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ��Spnta Ck7fo instrument. ❑ OTHER: WITNESS my hand and official seal. -1 SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) L C SIGNAT OF NO Y L=,' IJH1519726.1 _3 _ 01 -061304706002 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement Ronald D. and Catherine A. Marshall, APN 783 -48 -106 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. WI my hand and official seal. signature of Notary Public per GC Sec. 40814; CC Sec. 1181 � RHO NDa1 PELLiN COMnission # 1305815 NOWW Public Swft Clam F:es.lan 1!, (Notary Seal) RBF Consulting 1981 N. Broadway, Suite 235 Walnut Creek, California 94596 EXHIBIT "A" October 12, 2000 LEGAL DESCRIPTION JN 353- 100063 -61 Page 1 of 1 SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 85 OF TRACT NO. 8563 The easterly 8.00 feet of Lot 85 of Tract No. 8563, in the City of Gilroy, County of Santa Clara, State of California, 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. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT attached and by this reference made a part hereof. RQ LAD SCR ���c� 1A,�fs 9F%o\ Patrick J. Tami , L.S. 85S aQ No. 5816 \jE OF�j i 1 ) I ji J r r r i 30 ' - 52 � 55 EXHIBIT 7317 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SANTA TERESA 8OULEVARD TEMPORARY CONSTRUCTION BASEMENT WITHIN LOT 85 OF TRACT NO. 8563 :s ti I ' - if ✓, �� ( 30 c�- c� 1 .f I 1 r /rl 1 CT /V o, 5 1 I 1 i i 1 ) I ji J r r r i 30 ' - 52 � 55 EXHIBIT 7317 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SANTA TERESA 8OULEVARD TEMPORARY CONSTRUCTION BASEMENT WITHIN LOT 85 OF TRACT NO. 8563 :s ti I ti c�- c� 1 .f C 11 1 I� 1 I SCALE I' = 40 ' SHEET 1 OF I SHEET PLANNINp ■ p[� /QN ■ CON 6TRUCTION ■ ■ ■ W725 ALTON PAgKWAY , OVA 926&2027 N S U LTl N G gqp �yuDS , FAX 949.4728373 • wwwPBF_� C OCTOBER 72 2000 ✓ N. J5- 100053 7-7—,-,5,,,-A , J510O05J ,DWG , �, n!oP { EXH, -- CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Ronald D. & Catherine A. Marshall This is to certify that the interest in real property conveyed by the Right of Entry and Temporary Construction Easement dated January 22, 2002 from Ronald D. & Catherine A. Marshall, 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 415167735, 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.