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Togliatti/Grider - 8337 Gaunt AvenueWhen recorded return to: City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 15905039 I Titles I / Pages: 8 Fees....* No Fees Taxes... Copies.. AMT PAID BRENDA DAVIS RDE # 011 SANTA CLARA COUNTY RECORDER 10/10/2001 Recorded at the request of 4:26 PM City SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 8337 Gaunt Ave. APN: 790 -02 -005 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT Arnold Togliatti, Shirley Togliatti and Leon Grider, 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 $256.00, 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. In 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. (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 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 /:�-I// , 2001. G RS: Arnold Togliatti Corder CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California A-- } County of �, a6 ss. J On before me,� r Da e Name and Title of Officer (e.g., "Jane Doe, Not ry Public') personally appeared P �� C~1 �J1 r Name(s) of Signer(s) S— proved to me on the basis of satisfactory evidence MEGHAN SMON to be the person(t) whose name�,j is /* Co n hisdan01291178 subscribed to the within instrument and Clara Co�mrJa acknowledged to me that he /NP/tl'� executed Czuft Santa MyCarnrimeo ionl9 =5 the same in his/, Yi authorized capacity(i)@S), and that by his /hot /tw signature(�* on the instrument the person(;), or the entity upon behalf of which the person( acted, executed the instrument. I N SS my hand official seal. Place Notary Seal Above SignaCLIrI6 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached PAcjjmpnt Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above iJ fi�G )1 Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact L' Trustee ❑ Guardian or CoI ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .. of © 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 - www.nationalnotary -org Prod. No. 5907 Reorder: Call Tall -Free 1- 800 - 876 -6827 STATE OF CALIFORNIA ss. COUNTY OFG� Gow-' On Z 1, l +� efore me, q. )personally appeared ❑ personally known to me -OR- [g MEGHAN SMITH 1@Cammbdon 81291178 IL Notary Public - CaRtomb Santa Clara Cou * WVC0yVLB0wJan19.2W51 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) yare subscribed to the within instrument and acknowledged to me that bg/sWthey executed the same in jb&P,k r /their authorized capacity(ies), and that by ills/*/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SS m hand icial seal. S G A OF OTC/ 1ARyY CAPACPTY CLADIED 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 Eatity(ies) STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement Arnold Togliatti, Shirley Togliatti, and Leon Grider On September 19, 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. WITNES my hand and offic' eal. i signature of Notary Public per GC Sec. 40814; CC Sec. 1181 =11A Pt31N ACEN- Cornndssion * 1303815 Z Notary Public - Caftrnk Santa Clara County INQBNPI Ny►Con m. F p* 1 j Ji„ 1!142005 (Notary Seal) CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Arnold Togliatti, Shirley Togliatti and Leon Grider This is to certify that the interest in real property conveyed by the Right of Entry and Temporary Construction Easement dated August 24, 2001 from Arnold Togliatti, Shirley Togliatti and Leon Grider, 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 415167735, 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 Septem ity Administrator Ci RBF Consulting 1981 N. Broadway, Suite 235 Walnut Creek, California 94596 EXHIBIT "A" LEGAL DESCRIPTION SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 6 OF TRACT NO. 4351 October 12, 2000 JN 35- 100063 -88 Page 1 of 1 The westerly 8.00 feet of Lot 6 of Tract No. 4351, in the City of Gilroy, County of Santa Clara, State of California, as shown on a map thereof filed in Book 228 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. SAND S(/R\ AMES Tq0� a No. 5816 Exp. 4 OF CA��F�j Pa �� � 7a,-,,,, . Patrick J. Tami, L.S. 5816 SCALE. 1 " = 40' 1 0 I W I I 1 ss ' W W W 0 0 EXHIBIT nBn SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 6 OF TRACT NO. 4351 55 ' I I � I 30 ' I 3a ' I � I rhJ�1 Cr No, � fl 3 5 1 ° — I � w I PAPPANI DRIVE \ I I Cya I I I I 2 2 Jr' 13 - 1 I -- —1 II 30 30' SHEET 1 OF 1 SHEET f0F PLAN NINO ■ OEBIQN ■ CON6TRllOT10N 14725 ALTON PARKWAY FM E. CALFOPNIA 92518 -2027 CONSULTING 949.4723505 • FAX 949.472.9373 • w JRBF._ OCTOBER 12, 2000 J. N. J5- 100063 H � FDA TA11010005J�DWG�MAP�F _XHIBITS�053EX088.DWC