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Peters, John & Deborah - 8511 Gaunt AvenueWhen recorded return to: City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 16546665 1111111 !!1111111111111l 111 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City ACE ABOVE THIS Titles:] / Pages Fees....* No Fees Taxes... Copies.. AMT PAID RECORDERS L RDE # 003 10/18/2002 9:13 AM Project: Santa Teresa Boulevard Project Improvement Address: 8511Gaunt Ave. APN: 790 -03 -073 ONLY RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT John C. and IYeborah aPeters, 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 andTemporary Construction Easement (hereinafter "Easement ") for the purpose of constricting 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 its 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 andpoWer to grant this Easement. 2. Grantor acknowledges that for the granting of said Easement, monetary compensation will be paid in the amount of $192.00, based on the rental rate of eight percent (8 %) annually for a period of three (3) months. 3. Upon receipt ofthis grant ofEasement, 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 perioclof-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 acceptedby 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 beyondthe-specifred time - period; at-the-request ofGrantor 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. (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 S` 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 2� - 1 , 2001. GRANTORS: 1 Y Jo C. Peters xi a B , City Admi -' trator LAU 0% 4 - /� ///�" /" - Deborah D. Peters R h on a Pellin, City Clerk STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement Santa Teresa Boulevard Project Improvement John C. and Deborah D. Peters APN 790 -03 -073 On November 30, 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. ature of Notary Public per CC Sec. 40814; CC Sec. 1181 .+..�� w -+oNnA PELLJN Comminim # 3051315 notan► Public - caWm* Sant cisra courtly my CWM Expirm iLm 19, 2005 (Notary Seal) STATE OF CALIFORNIA ss. COUNTY OF 54 d4A4 On le Zo4 4 before me, hmA4 onally appeared. D" C. j6 hbo -n win. Li , e -•j e ri5 �* ❑ personally known to me -OR- 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 r i AL — his /her /their authorized capacity(i(;s), MMDO GUTIERRQ and that by his /her /their signa€ ire(s) Cownbsion 0 1262111 the instrument the person(s), c -%- the Noh>ry Public . CaNfornb entity upon behalf of whioh !he Sonto Clb County ►Co►>Y►LJ AMAMI person(s) acted, executed the instrument. WIT SS m�y hand and official seal. JT�p SIGNATURE OF NOT \JH\519726.1 _3 _ 01- 061304706002 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) RBF Consulting 1981 N. Broadway, Suite 235 Walnut Creek, California 94596 EXHIBIT "A" October 12, 2000 JN 35- 100063 -73 LEGAL DESCRIPTION Page 1 of 1 SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EAS -EMENT WITHIN LOT 25 OF TRACT NO. 7639 The westerly 8.00 feet of tot 25 of Tract 7639, a the City of filed l i nyBooku534 of Santa Clara, State of California, as shown on of Maps at Pages 13 and 14 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. ra Patrick J. Tami, L.S. 5816 r5�v' No. 5816 Exp. &-3 n i SCAL' ► - 4 67' f 0 I a Ems., 55' w r w 0 0 55' FART r_rl_ A TRACT 1\10. 3 390 F� l�l 49 8' I jvo. 763_q 27 � � I I I ,I ,/ w I r \ / �� w 3 1 � - � lid �' 13 , - 14 � J�f 3 � 30 ' � 29 EXHIBIT "B" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION C-Art uI-n1T WITHIN 'LOT 25 SHEET 1 OF i SHEET pj/1NNIN0 91 DIMON " 60NOT000TION 14725 ALTCN P~AY own F&W- CAUPOMA 92619-2027 ..-... a i TI N G 949.4723505 • FAX 9q_4726373 • •wwi>�.edn CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by John C. & Deborah D. Peters This is to certify that the interest in real property conveyed by the Right of Entry and Temporary Construction Easement dated August 10, 2001 from John C. & Deborah D. Peters, 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