Wright, Randy - 9160 Jacaranda Way
DOCUMENT:
17651339
Pages: 7
When recorded return to:
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Taxes.
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AMT PAID
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE l:I 001
3/09/2004
11: 35 AM
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 9160 Jacaranda Way
APN: 783-34-080
RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION
Randy Wright, 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 Improvel0'81;\t Project
("Project"). The Easement is necessary to construct a concrete Sound Wall along1h~\and/or side of
those lots that abut Santa Teresa Boulevard. "~YP '-.C~\')l~J1
This Easement is granted under the express conditions listed below: -, ,-9 lOB; "
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 $410.00, 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 ofvaluatiol1.
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 ofthe 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.
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01-061304706002
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(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 sl year warranty period following the
completion ofthe 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) 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 SAAI 1'0.,2002.
I
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Rhonda Pellin, City Clerk
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01-061304706002
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COUNTY OF ~-k~ L~
On I ~ l- ' befo" me, A.., , .(, (....lJqtpc"onally
appeared I' ~ (f;N' It, (i;--
o personally known to me -OR- ~ved 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
he/she/they executed the same in
his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on
the instrument the person(s), or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
STATE OF CALIFORNIA
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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
~DIVIDUAL
o CORPORA TE OFFICERS(S)
Title(s)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Right of Entry and Temporary Construction Easement
Randy Wright, APN 783-34-080
On February 5, 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.
'- WI~SS my hand2fficiID seID
,~~f(j~ ^-- L ""L U~ .
\ Signature of Notary Public
J.- - - - ~:f;~~5- J
Nobuy Public - CaifomIII I
Santa Clara County -
IIyComm. Ell'pir8I JLrI19. 2DlJ5
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
RBF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A"
December 4, 2001
IN 35-100063-44
Page 1 of 1
LEGAL DESCRIPTION
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION EASEMENT
WITHIN LOT 24 OF TRACT NO. 7856
The easterly 8.00 feet of Lot 24 of Tract No. 7856, :n the City of
Gilroy, County of Santa Clara, State of California, as shown OG a
map thereof filed in Book 565 of Maps at Pages 35 through 37 in the
Office of Lhe County Recorder of said Santa Clara County.
SUBJECT TO all Covenants, ~ights, Rights-of-Way and Easements of
Record.
made a Dart hereof.
Iii) ;f;
Patrick J~ Tami, L. S.
5816
EXHIBIT attached and by this reference
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EXHIBIT "8"
SKUCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION
EASEMENT WITHIN LOT 24
or TRACT NO. 7856
NO. 7636
M 28-30
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MU7135l5 . FAX 949.A72Kl7J . ~.call
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Randy G. Wright
This is to certifY that the interest in real property conveyed by the Right of Entry and
Temporary Construction Easement dated January 10, 2002 from Randy G. Wright, 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 February 8, 2002.
a, 1 Y Administrator of the
ilroy