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Sanchez, Michael & Naomi - 1206 Sycamore Court8 When recorded return to: City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 No Fili Fee Govt Code 6103 DOCUMENT: 1691891 2 Titles : 1 / Pages Fees....* No Fees Taxes.. Copies. �eaib51vy1= AMT PAID RDE # 001 BRENDA DAVIS 3/28/2003 SANTA CLARA COUNTY RECORDER 11:41 AM Recorded at the request of City SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 1206 Sycamore Court APN: 783 -39 -050 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT Michael and Naomi Sanchez, 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 Gilroy, State of California, described in Exhibit "A" ( "Property") attached hereto and made a part hereof. City desires to acquire a Right of Entry Boulevard Im rovement Project ("Project"). EThe Easement is the purpose of constructing the Santa Teresa p 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: I, Grantors represent and warrant that Grantors are the owners of the Property and have the exclusive right and power to grant this Easement. i monetary compensation will be that for the g nt irate ghE 2. Grantors acknowl edge of percent (8 %) annually for period of three paid in the amount of $406.00, based on the (3) months. 3. Upon receipt of this grant of Ease all costs associated d w th this l transaction. City shall arrange for its recordation. The City will pay any and 4. This Easement is for a period of three � the time er not be revoked andshallcontinuepn full force and effeOCt until December 31, 2004. This Easement shall such time the construction of the Projectcompleted 2004nan the event ythat the at ty occupies the Easement shall terminate; or no later tha n December 3 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 the City. ind ependent will pay Grantors the value of such shall be in additionto the purchase determined by the lowest of three (3) e p 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 ls` 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 wall. (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. 3 Executed on this day of 200 1JH1554960.1 01 -060304706002 RBF Consulting 1981 N. Broadway, Suite 235 Walnut Creek, California 94596 EXHIBIT "A" ,October 12, 2000 JN 3.5- 100063 -33 LEGAL DESCRIPTION Page 1 of 1 SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 29 OF TRACT NO. 7818 The easterly 8.00 feet of Lot 29 of Tract No. 7818, in the City cpf Gilroy, County of Santa Clara, State of California, as shown on a map thereof filed in Book 564 of Maps at Pages 50 and 51 in the Office of the County Recorder of said Santa Clara County. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements pf Record. EXHIBIT attached and by this reference made a part hereof. S�oLAND SUR`F Patrick J.'Tami, L.S. 5816 aZ No. 5816 Exp. �TEOF C �ZRIZ � I � I I rkrl �r No, 7J I -(-rj' � SYCAMORE CT i a I JJ - J I 30 I I 55, \ I EXHIBIT "B" 1 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 29 OF TRACT NO. 7818 i 55' i I g � U U � 1 1 SCALE. 1 " = 40' SHEET 1 OF 1 SHEET PLANNING ■ D"'ON ■ CONSTRUCTION 14725 ALTON PARKWAY C Q N S U LT t N CS 949A7Z =5 • FAX 9".472M73 ��, wwj:Vr ?cm OCTOBER 12, 2000 J.N. 35- 100053' STATE OF CALIFORNIA ss. COUNTY OF f G "— f On ),1540.w I i ?003 , before me, taco personally appeared Ai iLAdt ( A c r g4og Alkaift-' IL 8LL,&,gX ❑ personally known to me -OR- W GEORGE R, NOVACEK JR. 1215837 'R ((� "X IipT;,A,+ W.' :i;�- CALIFORNIA .r :x.521 COullty N (Car +lr ;Ian 23,200 � \JH \554960.1 01 -060304706002 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 .kef�they executed the same in hiq+w /their authorized capacity(ies), and that by h sttw /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI S my hand and official seal. oe NATURE OF 4NOT1^Y 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) IN is Title(s) PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN-FACT TRUSTEE(S) GUARD IAN /C ON S E R V ATO R 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 Michael and Naomi Sanchez APN 783 -39 -050 1206 Sycamore Court On January 30, 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. WITNESS my hand and official seal. =DAB Cormr fission # 13OW 15 Notary Pubrc - carif Santa Clara Counter My Comm Bpirea .fur, 19, 2rM Signature of Notary Public per GC Sec. 40814; CC Sec. 1181 (Notary Seal) CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Michael and Naomi Sanchez This is to certify that the interest in real property conveyed by the Right of Entry and Temporary Construction Easement dated January 14, 2003 from Michael and Naomi Sanchez, 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 ranA nn Tannary I(1 7003 I : \CTYCLERK \FORMS\ACCEPTANCE.DOC