Martinez, Herbert & Lily - 9330 Benbow DriveWhen recorded return to:
DOCUMENT: 16918915
Titles:] / Pages
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AMT PAID
City of Gilroy
BRENDA DAVIS RIDE # 001
City Hall SANTA CLARA COUNTY RECORDER 3/28/2003
7351 Rosanna Street Recorded at the request of 11:41 AM
Gilroy, CA 95020 C i t y
No Filing Fee Govt Code 6103
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 9330 Benbo A Drive
APN: 783 -48 -104
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT
Herbert and Lily V. Martinez, 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:
1. 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 $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 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
1JH\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 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, meshing and black tarp during the time period
of construction.
(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.
S. 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.
1003
Executed on this day of 2962.
1JH1554960.1
01 -060304706002
na ; -City Administ ator
'Of _
Won a Pellin, City Clerk
RBF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A"
LEGAL DESCRIPTION
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION EASEMENT
WITHIN LOT 83 OF TRACT NO. 8563
October 12, 2000
JN 35- 100063 -59
Page 1 of 1
The easterly 8.00 feet of Lot 83 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.
�o ILAND Patrick J. Tami, L.S. 5816
��5 �,� LAMES Fro
No. 5816
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SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION
EASEMENT WITHIN LOT 83
OF TRACT NO. 8563
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PLANNING ■ DESIGN ■ CON■TNUCTION
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OCTOBER 12, 2000 J.N. 35- 100063
K'IPDA TAIJ510006J'IDWGH MAP IEXH131TSI063tX059.DC
STATE OF CALIFORNIA
ss.
COUNTY OF a .-d
On) hwe- y 11 ao before me,
personally appeared _ . A*_
❑ personally known to me -OR- proved to me on the basis of satisfactory
evidence to be the person(s) whose
name(s) flare subscribed to the within
instrument and acknowledged to me that
h4@4 a /they executed the same in
ki Hi /their authorized capacity(ies),
and that by hisffmr /their signature(s) on
the instrument the person(s), or the
GEORGE R. NOVACEK JR. entity upon behalf of which the
s COmm. � 1215837 ,�ppperson(s) acted, executed the
vl NOTARY PUBLIC -CALIFORNIA M
LAW. Contra Costa County "• tnstrument.
MY Comm. Expires April 13,1003 r
WITH S my hand and official seal.
GNATURE OF NOTARY
1JH1554960.1
01 -060304706002
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) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
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
Herbert and Lily V. Martinez
APN 783 -48 -104
9330 Benbow Drive
On January 30, 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.
WITNESS my hand and official seal.
Signature of Notary Public
per GC Sec. 40814; CC Sec. 1181
..ems.:
>'HQt4DA PELLW
Commi5.ion 01 305'M5
Notary Public - Cali,bmia p
Santa Clara Courriy
owcorrmBorm ,Sun 19, 2005
(Notary Seal)
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Herbert and Lily V. Martinez
This is to certify that the interest in real property conveyed by the Right of Entry and
Temporary Construction Easement dated January 11, 2003 from Herbert and Lily V. Martinez, 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
:sa, City Administrator of the
Gilroy
I: \CTYCLERK\FORMS\ACCEPTANCE. DOC
RBF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A" October 12, 2000
JN 35- 100063 -56
LEGAL DESCRIPTION Page 1 of 1
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION EASEMENT
WITHIN LOT 80 OF TRACT NO. 8563
The easterly 8.00 feet of Lot 80 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.
Y zx � lap-,
-AND O,R'F`o Patrick JZTami , L.S. 5816
I loo. 5816
Exp.
�E OF CAL&