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Naranjo, Maria S. - 8680 Delta DriveW When recorded return to: City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 16067150 11111111111111111 Ill 1111 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City im Titles :l / Pages 7 Fees.... Taxes... Copies.. AMT PAID Project: Santa Teresa Boulevard Project Improvement Address: 8680 Delta Dr. APN: 783 -22 -012 No Fees RDE # 008 1/22/2002 12:26 PM RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT Maria S. Naranjo, 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. rA 2. Grantor acknowledges that for the granting of said Easement, monetary compensation will be paid in the amount of $288.00, 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. UH1519726.1 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 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 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 anv 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 i „L , 2001. GRANTORS: Maria S. Naranjo UHi519726.1 -2- 01 -061304706002 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement Maria S. Naranjo, APN 783 -22 -012 On January 4, 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. WITNES my hand and official seal. aturc of Notary Public per GC Sec. 40814; CC Sec. 1181 I RHONE F Cammwslon # ts0581s z Nobiry Sarria Clam liily Corrtm_ EVhm jUn 19, 2005 (Notary Seal) STATE OF CALIFORNIA ss. COUNTY OF On 1; © , before mej�4er ✓��t personally appeared JU 14 /LIACA r personally known to me -OR- (;J�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), d& m and that by his/her /their signature(s) on AMADO GUTIERREZ the instrument the person(s). or the Commission # 1262114 entity upon behalf of which the Notary Public - CalifatTid - Santa Clara County person(s) acted, executed the My Comm. B#ms Apr2B, 2M4 instrument. WITNESS my hand and official seal. r SIGNATURE O TA UH\519726.1 _3- 01 -061304706002 CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to till in the data below. doing so may prove invaluable to persons relying on the document. (5-INDIVIDUAL ❑ CORPORATE OFFICERS(S) SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Title(s) ❑ PARTNER(S) ❑ LIMITED p GENERAL ❑ ATTORNEY -IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ 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 JN 35- 100063 -26 LEGAL DESCRIPTION Page 1 of 1 SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 102 OF TRACT NO. 4849 The easterly 8.00 feet of Lot 102 of Tract No. 4849, in the City of Gilroy, County of Santa Clara, State of California, as shown on a map thereof filed in Book 271 of Maps at Pages 8 and 9 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. 79 4m, Patrick J. Tami, L.S. 5816 No. 5816 Exp. OF I Jo, Jo, I I Ss SCALE: 1. 40 I I � q I TR�-1 CT r ' I I I I 8- I w SOLIS DRIVE — 8' I 103 I I 30 30, I � I 55- I EXHIBIT "B" SKETCH rO ACCOMPANY A LEGAL DESCRIPTION FOR SANTA TERESA CONNSTRUCTION TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 102 OF TRACT NO. 4849 w w Q w 0 W SHEET 1 OF 1 SHEET PF•LANNINO ■ O[iIYN 9 CONSTRUCTION nNE CALFKVM 2w CONSULTING way • FAX 90,472A= • ...1MF XW OCTOBER 12, 2000 J. N. 35- 100063 tt 1 N TA 135100001DWG I MAP 1 E N18l TS 106JE426. ONG CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Felipe & Maria S. Naranjo This is to certify that the interest in real property conveyed by the Right of Entry and Temporary Construction Easement dated December 26, 2001 from Felipe & Maria S. Naranjo, 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 I