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Nakano, Nancy - 2224 Banyan CourtRECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City 'of Gilroy " 73 51., Rosanna• Street Gilroy,-CA= 95020 h 23744951 Regina Aleomendras Santa Clara County - Clerk-Recorder 09/05/2017 09':26 AM Titles: 1 Pages: 5 Fees: $37.00 Taxes: 0 Total. 37.'00 (SPACE ABOVE THIS LINE FOR RECORDER'S'USE) :?--- n_- _ -_t� "may= £_ �� —- - f - , n _ • < —^ i'' �- Encroachment Agreement - =�.. 2224 Banyan Court, Gilroy,,CA' - _ - K.P.N. 783-72-042 t, This Agreement is made effective between: Nancy Nakano, ( "OWNER "), and the CITY OF GILROY ( "CITY"), 7351 Rosanna Street, Gilroy, California 95020, as follows: A. Owner holds fee title to the real property located at 2224 Banyan Court, Gilroy, CA, A.P.N. 783 -72 -042. B. The Subject Property is held subject to an easement for Public Service Easement (P. S. E.) per Tract No. 9473 (Country Estates, Phase 3). C. Under the terms of the Public Service Easement ( "Easement "), buildings and structures generally may not be located within the easement area. D. Owner acknowledges that a low retaining wall will exist within the Easement and that it constitutes a "structure" prohibited by the terms of the Easement. NOW, THEREFORE, 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 Owner, their heirs, successors and assigns, derive no basis for a claim of prescriptive rights. Owner, 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 City to exercise any rights allowed to it under the Easement (including, without limitation, 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, owner, their successors and assigns, may replace the retaining wall with a wall of substantially similar dimensions, location, and construction, at owner' 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. IN WITNESS WHEREO , ity has executed this agreement as of ATTEST: _ �' _ CITY OF GILROY CITY Gabriel A. Gonzalez CITY ADMINISTRATOR IN WITNESS WHEREOF Owner has executed this agreement as of � —) �6 —/ % OWNER cy Nakano PLEASE SEE ATTACHED CALIFORNIA NOTARY FORM CALIFORNIA . •D A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (alla- y ) County of S Q Vl- +CL ) On ^lb— before me,«k� tie Date Here personally appeared h�vKo�t`cL, lVo`f'avy' r Name and Title of the Officer / kame(s) of Signer(s) who proved 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MICHELLE ANTONONCZ WITNESS my hand and official seal. Notary Public - California < : Santa Clara County i Signature Z Commission # 2195590 g My Comm. Expires Jun 1, 2021 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document A' ?N. 5 $3 ?° O S/Z_ Title or Type of Document: e4ic y'OOLCV i Wt aaJ' A Document Date: �' ' l L Number of Pages:_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator f Other: 6 E4,) A ty /Z_ Signer Is Representing: Signer's Name:, ❑ Corporate Of ❑ Partner — ❑ ❑ Individual ❑ Trustee ❑ Other:� Signer Is R9 re — Title(s): Bneral in Fact or Conservator !,«. "�4�:.4�.4\.:.4 \�4 "✓ ,v.'r/.'.vc�ti <� -a�<\✓ 'b 'y <� ✓_, '- ✓4Ny4N.<\ iNZ \ <\ "Y -ZiN_. &SN4 _ti: ll= 114,11-* .� @2014 National • Association www.NationaiNotary.org 811 " (1-800-876-6827) 91 HL ACKNOWLEDGMENT CALIFORNIA ALL-PURPOSE •D A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of .Jn r +a Clara ) On AiAO,us+ 214 Z o 11 before me, San Artr E' Nava Notar- Pu b C Date Here Insert Name and Title of the Offilcer personally appeared Gabr;e � k Gonzalez Name(s) of Signer(s) who proved 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 /therr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SANDRA E. NAVA WITNESS my hand and official seal. Commission #t 2086119 Z Notary Public - California i z Santa Clara County ' Signature M Comm. Tres Nov 11, 2018 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doctunent Title or Type of Document: E,nr roach Anent Agrf e Olen Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: "by�bQ�:,l,�e. `