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Tran, Hoa My - 9410 Benbow DriveWhen recorded return to: City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 No Filing Fee Govt Code 6103 DOCUMENT: 16775405 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City Titles l / Pages: Fees. ...+ No Fees Taxes... Copies.. AMT PAID RDE # 010 1/27/2003 1 :32 PM SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 9410 Benbow Drive APN: 783 -48 -085 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT Hoa My Tran, 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: 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 $160.00, 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 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 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 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 J4 j, 2 GRA ORS: Hoa My Tran IJH1554960.1 01 -060304706002 Cft EXHIBIT "B" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 5 OF TRACT NO. 8850 11 SCALE.- I" = 40' SHEET 1 OF 1 SHEET PFPLANNING ■ OCSIGN a CONSTRUCTION ■ uns ALTCN WKWAr ME C.tir�su ozee -mr7 CONSULTING 9,.4773505 • FAX 949.472Si7J • wrRABF.ccm OCTOBER 12, 2000 J.N. 35- 100063 tt IPDATA�351000631D wGIMAP1EXHiB1TS1053EX057.DwG - - -J 7 I 55 I q , I 3D , Tfr1 CT No. J-,-75o q w �-- - _ I I I � I - - J I 1 I Fx 9 JV 25-27 30 I 55' I ? I r EXHIBIT "B" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SANTA TERESA BOULEVARD TEMPORARY CONSTRUCTION EASEMENT WITHIN LOT 5 OF TRACT NO. 8850 11 SCALE.- I" = 40' SHEET 1 OF 1 SHEET PFPLANNING ■ OCSIGN a CONSTRUCTION ■ uns ALTCN WKWAr ME C.tir�su ozee -mr7 CONSULTING 9,.4773505 • FAX 949.472Si7J • wrRABF.ccm OCTOBER 12, 2000 J.N. 35- 100063 tt IPDATA�351000631D wGIMAP1EXHiB1TS1053EX057.DwG CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Hoa My Tran This is to certify that the interest in real property conveyed by the Right of Entry and Temporary Construction Easement dated January 2, 2003 from Hoa My Tran, 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 J ay'$aksa City Administrator of the of Gilrov I : \CTYCLERK\FORMS\ACCEPTANCE.DOC STATE OF CALIFORNIA ss. COUNTY OF �. } On before me, �,Ct� OQ . /���✓d�� , personally appeared &A? —1, .44 d. ❑ personally known to me -OR- Z,proved to me on the basis of satisfactory evidence to be the person(.} whose name( is /ace subscribed to the within instrument and acknowledged to me that he/ badbr4 executed the same in his/kerft mk authorized capacity(ies), GEORGE R. NOVACEKyJR and that by his /kei�eir signature( on �- IRMy Comm. # 1215637 fn the instrument the person(} or the (� NOTARY PUBLIC - CALIFORNIA entity upon behalf of which the Contra Costa County person(&} acted, executed the Comm. Expires Aorii 23,20 03 instrument. WITNESS my hand and official seal. SIG ATU OF NOTARY 1JH1554960.1 01 -060304706002 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) 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 Hoa My Tran APN 783 -48 -085 9410 Benbow 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. WITNESS my hand and official seal. Signature of Notary Public RHoNnw PEtrN C nft" #13WB1s Notwr Inc- c$ffmift s.ft cW. ca,m„ ia-ulcmm E 0 066 n 19, 2005 per GC Sec. 40814; CC Sec. 1181 (Notary Seal)