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Edwards, John Ashley - 2355 Stonecress StreetDOCUMENT: 22608020 RECORDING REQUESTED BY: City of Gilroy Pages 5 Fees.... 37.00 Taxes... Copies.. AMT PAID 37.00 REGINA ALCOMENDRAS RDE # 008 SANTA CLARA COUNTY RECORDER 5/29/2014 Recorded at the request of 11 :47 AM WHEN RECORDED, MAIL TO: Owner Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Encroachment Agreement 2355 Stonecress Street, Gilroy, CA A.P.N. 783 -65 -010 Encroachment Agreement, 2355 Stonecress St., Gilroy, CA, Page 1 of 3 This Agreement is made effective between: John Ashley Edwards, ( "OWNER "), and the CITY OF GILROY ( "CITY "), 7351 Rosanna Street, Gilroy, California 95020, as follows: A. Owners hold fee title to the real property located at 2355 Stonecress Drive Gilroy, CA, A.P.N.783 -65 -010 B. The Subject Property is held subject to an easement for Public Utilities and Appurtenances ( "PUE ") C. Under the terms of the Easement, buildings and structures generally may not be located within the easement area. D. Owners acknowledge that a low retaining wall will exist within the Easement and that it constitutes a "structure" prohibited by the terms of the Easement. NOW, THERE_ FORE, in consideration of the mutual promises herein, the parties agree as follows: City shall allow the retaining wall to remain at this time. In so doing, City expressly does not abandon the Easement or waive any rights thereunder, and Owners, their heirs, successors and assigns, derive no basis for a claim of prescriptive rights. Owners, their heirs, successors and assigns, hereby agree to remove the retaining wall at their sole expense immediately upon a direction to do so by the City, to allow the installation, replacement, or repair of public utilities within the Easement whenever the City determines in its sole discretion that the retaining wall would prevent or impede such activities. Upon notification by the City that utility work is completed, owners, their successors and assigns, may replace the retaining wall with a wall of substantially similar dimensions, location, and construction, at owners' sole expense. Any replacement retaining wall shall be subject to the removal requirements of Paragraph 2. Upon full execution by the parties hereto, this Agreement shall be recorded in the Office of the Recorder of Santa Clara County. It is the express intent of the parties hereto that this Agreement shall be a covenant running with the land and shall bind their respective heirs, successors and assigns. This Agreement sets forth the entire agreement of the parties regarding this subject matter and supersedes any prior oral or written agreements. This Agreement may not be modified except in a writing signed by the parties hereto, or.by their respective heirs, successors or assigns, as appropriate. Encroachment Agreement, 2355 Stonecress St., Gilroy, CA, Page 2 of 3 IN WITNESS WHEREOF, City has executed this agreement as of �l -2-2— ATTEST: �-V ( CITY OF GILROY Shawna Freels CITY CLERK Thomas J. Haglund CITY ADMINISTRATOR IN WITNESS WHEREOF Owner has executed this greement as of Zo/ O ER Encroachment Agreement, State of California County of Santa Clara On 20th day of May, 2014 before me, Julie R. Whelan a Notary Public, personally appeared John Ashley Edwards, who proved to me on the basis of satisfactory idence to be the person(s) whose name(s) Ore subscribed to the within instrum�et, and ack nowledged to me that /she /they executed the same in @/her /their authorized capacity(ies), and that by her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execute e instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JULIE R. VffLAN Coffwftsion 0 2050756 WITNESS my hand and official seal. i '+ Notary Public - California Santa Clara County Signature: E Mar 11201&1 Name: Julie R. hel (typed or printed) (Seal) Jw /jw CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County f clayc,,_ On before me, 1 Date Here Insert personally appeared CML CODE § 1189 L who proved to me on the basis of satisfactory evidence to be the person whose name` (2)Varis" subscribed to the within instrument and acknowledged to me that h%/ Fhu i`Irey executed the same in erJtheir a orized capacity(ibj, and that by hi herltheir signature(, on the instrument the person(K or the entity upon behalf of which the person acted, executed the instrument. INGA ALONtO I certify under PENALTY OF PERJURY under the Commission s 1931989 laws of the State of California that the fore oin Notary Public • Cworr" 9 9 Same Clara County paragraph is true and correct. my Comm. =11 "01 21. 15 WITNESS y nd and officA seal. Signature: Place Notary Seal Above OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • Partner — ❑ Limited ❑ General Top of thumb here • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing © 2010 National Notary Association • NationalNotary.org • 1. 800 -US NOTARY (1 -800- 876 -6827) Item #5907