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Suarez, M. America (America Suarez Moreno) - 1210 Willow Court6" Request by City of Gilroy recorded return to: City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 No Filing Fee Govt Code 6103 When DOCUMENT: 18219950 Pages Fees.... + No Fees Taxes... Copies.. AMT PAID BRENDA DAVIS RDE # 011 SANTA CLARA COUNTY RECORDER 2/04/2905 Recorded at the request of 10:42 AM City SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 1210 Willow Court APN: 783 -39 -041 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT M. America Suarez, 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 and /or side of those lots that abut Santa Teresa Boulevard. This Easement is granted under the express conditions listed below: I . Grantor represents and warrant that Grantor is the owner of the Property and have the exclusive right and power to grant this Easement. 2. Grantor acknowledge that for the granting of said Easement, monetary compensation will be paid in the amount of $245.00, 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 March 31, 2005. 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 March 31, 2005. 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. 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. W H1554960.1 -1- 01- 060304706002 (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, 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 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 I day ofcsrti.„, , 2004. GRANTORS: C !E5 f,6-2- Nk)ren0 M. America Suarez IJH1554960.1 01- 060304706002 STATE OF CALIFORNIA ss. COUNTY OF SAN BENITO On �1� t, __ , �� t 2004, before me, Edna M. Campero, personally appeared, ❑ personally known to me -OR -j proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) (G�re subscribed to the within instrument and acknowledged to me that he /4 khey executed the same in t��. hisCerAheir authorized capacity(ies), -1 and that by his heir signature(s) on U `� - -{ er the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offs I seal. SIGNATURE NOTARY 1JH1554960.1 _3 _ 01- 060304706002 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. ❑ 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) STATE OF CALIFORNIA ) )SS. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement M. America Suarez APN 783 -39 -041 1210 Willow Court, Gilroy, California On December 3, 2004, 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. Signature of Notary Public r, ONOA PEUIN r4 C-- -runiaabn 0 1305815 Notary Public - California Santa Clara Court My Comm. Expires Jun 19,20M r per GC Sec. 40814; CC Sec. 1181 (Notary Seal) r w rKCrC.H TO ACCOMPANY A LEGAL U£SCRIPr/ON FOR SANTA TERESA ROULEVARD WALL CASEMENT WITHIN LOT 41 OF TRACT NO. 7818 i \VJ .wV wv �.091 MAN EELLI DRIVE '4' 0 P. 0 —rc 55' N �I W Q �n f j J� SHEET I OF I SHEET PL.wntitHP ■ 0C.— w eo.. w. -..0 r_ra�u 14725 ALTON PAWW.AY WF ■ ROE. CALPORU 926U -2827 C: O N G U LT l N G W.4723505 , FAX 944,4723.478 . www RW tom SEPrEAF£R 28: 100 -,; \pp,a T ♦ \,51'16G63\ DWG \:AAPPI4C'�EXHIB iS \CLV 092804'•,(;63EX16+.OWG DYM 9i25l04 r.39 —r RBF Consulting 500 Ygnaclo Valley Road, Suite 270 Walnut Creek, California. 64596 EXHIBIT "A" LEGAL DESCRIPTION SANTA TERESA BOULEVARD WALL EASEMENT WITHIN LOT 41 OF TRACT NO. 7818 September 28, 2004 JN 35- 100063 -164 Page 1 of 1 That certain parcel of land situated in the City of Gilroy, County of Santa Clara, State of California, being that portion of Lot 41 of Tract No. 7818 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, described as follows: COMMENCING at the southwesterly corner of said Lot 41; thence along the southerly line of said Lot 41, said southerly line also being the northerly right of way line of Mantelli Road shown on said map of Tract 7818, North 89 °50'00" East 29.66 feet to the TRUE POINT OF BEGINNING; thence continuing along said southerly line North 89 °50'00" East 1.09 feet to the beginning of a curve concave northerly and having a radius of 40.00 feet; thence easterly along said curve 10.40 feet through a central angle of 14 054'09 "; thence non- tangent from said curve and leaving said southerly line South 89 050'00" West 11.38 feet; thence South 00 °10'00" East 135 feet to the TRUE POINT OF BEGINNING. CONTAINING; 11 square feet. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT attached and by this reference made a part hereof. NL L.AINO ahiel W. Bus arnan F , 7030 Busrq� C L.S. 7030 m z Exp- OF CAv�fo��~ CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by M. America Suarez This is to certify that the interest in real property conveyed by the Right of Entry and Temporary Construction Easement dated December 1, 2004 from M. America Suarez, 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. 2004 -20 of the City of Gilroy adopted March 15, 2004, 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 #17703402, dated April 6, 2004 and the grantee consents to recordation thereof by its duly authorized officer. In witness whereof, I have hereunto set my hand on October 4 Jay B kka, City Administrator of the v I of ilrov I: \CTYCLERK\FORMS\ACCEPTANCE -Temp Const Easemert.DOC