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Royer, Byron & Noreene - 8471 Gaunt Avenue (2)When recorded return to: City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 16165426 1 Titles 1 / Pages LAMTPAID * No Fees wO 161654260 BRENDA DAVIS RDE # 003 SANTA CLARA COUNTY RECORDER 3/19/2902 Recorded at the request of 2:21 PM City SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 8471 Gaunt Ave. APN: 790 -03 -077 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT Byron V. and Noreene Royer, Trustee of the Byron & Noreene Royer Trust Dated 1997, 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 $240.00, 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. hl 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. 1JH1519726.1 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 1 st 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 9 0 2001. G ORS: Byron V. Royer, Trustee / �� i Z- I i � Noreen Royer, Tru e ALL - PURPOSE ACKNOWLEDGMENT 0 F • State of California • ' County of �5a i, 4"c) C IA v4 SS. ' On k4gys 1, 2001 before me, 6(ZoWC R. /Vo ✓ciC ( E) �� I �,( �/ personally appeared 190 -O✓1 1/. c)Yiaf A/oms (NOTARY) 0 og lfg4ize., %`'µs�es ' I I SIGNER(S I❑ personally known to me - OR- proved to me on the basis of satisfactory ' • evidence to be the person & whose name • I and is (are ubscribed to the within ins ' acknowledged he/sh the executed ed to me that • g he/she ' the same in his /her/ heir authorized ' • capacit (ies) and that by his /her heir • ' GEORGE R. NOVACEK JR. signature s) on the instrument the perso s , ' • — Comm. # 1215837 NOTARY PUKUC-CWFOiNIA or the entity upon behalf of which the • rmta coasltj a person () cted, executed the instrument. • �j'P vQ it . ExpinS Ap;d 2i, 200a 4 • I iWITNESS ' my hand and official seal. i ' I NOTARY'S SCNATURE I • OPTIONAL INFORMATION IThe information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • ' CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 1 ❑ INDIVIDUAL I ! ❑ CORPORATE OFFICER f ,e,'4 /. v ' TITLE OR TY E OF DOCUMENT ' PF TITLE(S) ' ❑ PARTNER(S) ' • ❑ ATTORNEY -IN -FACT C • TRUSTEES ' NUMBER OF PAGES • ❑ GUARDIAN /CONSERVATOR • ' ❑ OTHER: I DATE OF DOCUMENT ! SIGNER IS REPRESENTING: ! ' NAME OF PERSON(S) OR ENTITY(IES) ' � OTHER � L•_•_•_•_•_•_•_. _._._._. _._._•_• APA 1/94 VALLEY - SIERRA, 500- 362 -3369 STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement Byron V. and Noreene Royer APN 790 -03 -077 On March 14, 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. WITNESS my hand and official seal. Sigiature of Notary Public per GC Sec. 40814; CC Sec. 1181 RHONDA P57.1S1 vCahn lion # 13061115 Notwy Public - canon t Santa clan county UlCornnt F JLM 192 2005 (Notary Seal) RBF Consulting 1981 N. Broadway, Suite 235 Walnut Creek, California 94596 EXHIBIT "A" October 12, 2000 JN 35- 100063 -77 LEGAL DESCRIPTION Page i of 1 SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 21 OF TRACT NO. 7639 The westerly 8.00 feet of Lot 21 of Tract No. 7639, in the City of Gilroy, County of Santa Clara, State of California, as shown on a map thereof filed in Book 534 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. PaXt r �tA1'aSU ._ Patrick J. ami, L.S. 5816 Z No. 5816 Exp. rp'�c�•r� -r a �f OF CA���q/� a W I I 55' 55' W Q W 0 W 23 I I 22 I 8' 1 \� 1 8' � � l 20 � X3%1 TRA r f" N 19/ EXHIBIT "B3 SKETCH TO ACCDMPANY A LEGAL DESCRIPTION FOR SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 21 -, rninr Ain 7C70 333 32 30' 30' 9 7539 I PETERSEN DRIVE W I 1 30� 30' 1 I 13 - 1� J. , 145 r 33 SCALE. I" = 40' SHEET I OF I SHEET RLANNINO ■ DC ■1■N ■ CON ■T■UCTION 14725 ALTON FAFKWAY F. ■ ■ PRE, CNJFOFKA 22MB -2027 CONSULTING. W472 -s0S - FAX 20,471B= - WWWJWJO01" CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Byron V. and Noreene Royer, Trustee of the Byron & Noreene Royer Trust Dated 1997 This is to certify that the interest in real property conveyed by the Right of Entry and Temporary Construction Easement dated August 8, 2001 from Byron V. and Noreene Royer, Trustee of the Byron & Noreene Royer Trust Dated 1997, 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 March 19, 2002 .