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Mohsenzadegan, Shahrokh & Julie - 9380 Benbow DriveWhen recorded return to: City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 15905044 A001N0504VIWI{��� Titles 1 / Pages Fees. ...+ No Fees Taxes.. Copies.. AMT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE # 011 10/10/2001 4:26 PM SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 9380 Benbow Drive APN: 783 48 109 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT Shahrokh Mohsenzadegan & Julie Mohsenzadegan, 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 $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. 1JH1519726.1 01- 061304706002 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 1" 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 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 % 12001. GRANTORS: Shahrokh Mohs adegan J4Q u i'V (& lie Mohsenzadegan \J H \519726.1 01- 061304706002 -2- City Admin'. r, Jay Baksa / � b i Pellin, City Clerk - r STATE OF CALIFORNIA ss. COUNTY OF � t On 7 �o I before me, personally appeared R c k� t,e. 2te a l /h3�,5 ❑ personally known to me -OR- roved 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), AMADO GUTIERREZ and that by his /her /their signature(s) on I- Commiss;on # 12621 1,4 the instrument the person(s), or the Notary Public - California ' Santa Clara County entity upon behalf of which the My Comm.Bv'.,agpr�g person(s) acted, executed the instrument. 1J H1519726.1 01- 061304706002 WITNESS my hand and official seal. SIGNATURE OF rARY 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. D'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 Shahrokh Mohsenzadegan and Julie Mohsenzadegan On September 19, 2001, 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. �- Y�c Signature of Notary Public per GC Sec. 40814; CC Sec. 1181 RHONnA PEum COMMWWWO13DWs NOWY Public - Ca&fornja Le W Santa Clara Ca" Comm jun 19, 2005 (Notary Seal) CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Shahrokh Mohsenzadegan and Julie Mohsenzadegan This is to certify that the interest in real property conveyed by the Right of Entry and Temporary Construction Easement dated August 27, 2001 from Shahrokh Mohsenzadegan and Julie Mohsenzadegan, 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 in RBF Consulting 1981 N. Broadway, Suite 235 Walnut Creek, California 94596 EXHIBIT "A" LEGAL DESCRIPTION SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 2 OF TRACT NO. 8850 October 12, 2000 JN 35- 100063 -64 Page 1 of 1 The easterly 8.00 feet of Lot 2 of Tract No. 8850, in the City of Gilroy, County of Santa Clara, State of California, as shown on a map thereof filed in Book 649 of Maps at Pages 26 and 27 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. .AND S(/ 1All9ES'1���� 2 No. 5816 Ex p. '' � rl rF OF C� PU Patrick J. Tami, L.S. 5816 1 1. y I� I 1 1 30, EXHIBIT "B" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 2 OF TRACT NO. 8850 I 3o r� I TR11 CT Jvo, ��JJ i - I =� I 8' 541 jc l/I 25-27 I I I" I TRACT A10.- 5 I JJJ J r JV I I I � -� J J 55 55 W � I Iw w Q' W O v W SCALE., 1 " = 40' SHEET I OF 1 SHEET d3FPL ANN �INO ■ DEIHIDN ■ CONSTRUCTION ■ ■ K', 16725 ALTON PARKWAY FMNE, CALIFORNIA 92618 -2027 CONSULTING 969.!172.3505 • FAX 949.472.8373 • wwwREr -.com OCTOBER 12, 2000 J.N. 35- 100063 H.• I FDA TA 35100065 DWG MAP X FL . r_