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Ramirez, Jose & Isabel - 8150 Delta Drive DOCUMENT: 16775401 Tit I es: I 1 Pages: 7 When recorded return to: IIIIIIIIIIIIIIIIIUIIII ~0016775401~ Fees....* No Fees Taxes. Copies. AMT PAID City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City ROE l=l 010 1/27/2003 1: 32 PM No Filing Fee Govt Code 6103 SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 8150 Delta Drive APN: 783-01-001 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT Jose L. Ramirez and Isabel A. Ramirez, 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 andlor 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 $3 51.00, 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 3], 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 \JH\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 151 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 waiL (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. 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 ~c. , '3 ( ,2002. GRANTORS: k~ J . -.L ~ ~ Jose L. Ramirez ~ /) fL e/-... ~} .~;i;/U'( . . < I If {: i~ ! t-0." Isabel A. RamIrez (') ~ \JH\554960.1 01-060304706002 STATE OF CALIFORNIA COUNTY OF ~...JlI cla..a } " On ac... 3'; 200z , before me, 6~..J. -c...,( .. Akva<..~ personally appeared I~~ b~ I A. ~a""'f! l. 4..). ;;~<. L.. Ra ~,'..< ~ o personally known to me -OR- ,R1-proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) MI/are subscribed to the within instrument and acknowledged to me that ~/they executed the same in his/her/their authorized capacity(ies), and that by ~/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. fl....................... -............... .......... .. ....1 r~GEORGE R, NOVACEK JR.~ _ . Comm,#1215837 (f) 1ft <to. Ii OT AR~ PUBLIC. C.ALlFORNIA .... \II Contra Costa CounlV .. " ' Mv Comm. Expires April 23,2003 .) 1. ~ ~ u_ , .... T _ ~ \JH\554960.1 01-060304706002 WITNESS my hand and official seal. ~~~ 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 D CORPORATE OFFICERS(S) Title(s) D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) STATE OF CALIFORNIA ) )ss, COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement Jose L. Ramirez and Isabel A. Ramirez APN 783-01-001 8150 Delta Drive On January 9,2003, 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. ~~Qmsem '/ ~~' Signature of Notary Public per GC Sec. 40814; CC Sec, 1181 (Notary Seal) J ~ - :=f;::~.-I i t:Ia NotaJy Public - CalifDmIII I t ~ -........... I _ _ _ ~~_~~1~~ RBF Consulting 1981 N. Broadway, Suite 235 Walnut Creek, California 94596 EXHIBIT "A" October 12, 2000 JN 35-100063-03 Page 1 of 1 LEGAL DESCRIPTION SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 1 OF TRACT NO. 4667 That certain parcel of land situated in the City of Gilroy, County of Santa Clara, State of California, being that portion of Lot 1 of Tract No. 4667 as shown on a map thereof filed in Book 255 of Maps at Pages 5 and 6 in the Office of the County Recorder of said Santa Clara County, included within a strip of land 8.00 feet wide, the easterly and southeasterly lines of which are described as follows: BEGINNING at the northeasterly corner of said lot; thence along the easterly line of said lot South 04056'5011 West 69.85 feet to a point distant thereon North 04056'50" East 11.58 feet from the southeasterly corner of said lot; Thence South 470231134 West 16.99 feet to a point in the southerly line of said lot, distant thereon North 89054'00" West 11.51 feet from said southeasterly corner. Said strip land shall be lengthened or shortened so as to terminate northerly in the northerly line of said lot and southerly in the southerly line of said lot. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT attached and by this reference made a part hereof. !? ~J I ;;:. Patrick J./Taml, L.S. 5816 SCALE: 7" = 40' ~ -/ I I EXHIBIT "B" I I I I I I I I ) --- 29 SKfTCH TO ACCOMPANY A LfGAL DfSCRIPTlON FOR SANTA TfRfSA BOULfVARD TfMPORARY CONSTRUCTION fASfMfNT WITHIN LOT f or TRACT NO, 4667 I 30' I 30' / ~ I ::::.::1 _____ ~ (- ~I T Rj] CT I NO, \ 4661 8' ~ I \ s..:; f;g I ~I L-----/jL-__. 'Q I <47'2334'W ~ " ~ I ~ I 76.99' ----1__ "-- N89"54 '00"/'1 78,23' ;l 11.57 J 2 ~f~ a .., EL DORADO DRIVE a_ <.0 . ~ 255 II;) T I I I I I I 30 r-' J 5 I I I I I I I I I I ~ ,~ OJ c:::, , '" lr) ::Ii ") . . --:.!X ~ D:::>"" .... &; .... f I P.OB ~ ~ ........ ~ ~ I:::::; t-q ~ ~ I ~ ~ ::.... ~ ?5 ~ ~ ~ r-....; ~ ~ 1 .., t--.. ::.... 55911 ~ ~I 55' I SHffT 1 or 1 SHffT ~ F'LANN'NCi . OES'CiN . CONSTRUCTION I ~ l4725 ALTON PARKWAY · · · IRVINE. CALFORNIA 92616-2027 CON S U LTI N G 949472.3505 . FAX 949472.8.373 . wwwR8F.com OCTOBfR 12, 2000 H: \PDA TA i35100063IDWGIMAPIFYI.m:1T rei nn,vnrn ,-,,,,,.. J. N. 35-100063 " , .' CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Jose L. Ramirez and Isabel A. Ramirez This is to certity that the interest in real property conveyed by the Right of Entry and Temporary Construction Easement dated December 31,2002 from Jose L. Ramirez and Isabel A. Ramirez, 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 ofthe 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 January 9,2003 , City Administrator of the lroy I:\CTYCLERK\FORMS\ACCEPT ANCE.DOC