Karbaleinematnoein, Amirhossein - 2354 Banyan StreetRECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Shawna Freels
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
23786594
Regina Alcomendras
Santa Clara County - Clerk- Recorder
10/27/2017 08:41 AM
Titles: 1 Pages: 5
Fees: 37.00
Taxes: 0
Total: 137.00
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Encroachment Agreement
2354 Banyan Street, Gilroy, CA
A.P.N. 783 -65 -022
This Agreement is made effective between: Amirhossein Karbaleinematnoein, ("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 2354 Banyan Street, Gilroy,
CA, A.P.N. 783 -65 -032.
B. The Subject Property is held subject to an easement for Public Use Easement
(PUE) per Tract No. 9201 (Country Estates. Phase 2).
C. Under the terms of the Public Use 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 WHE13EOE, City has executed this agreement as of 2oZ2
ATTE : CITY OF GILROY
Fj t'llfflis-1.1-
U7, Freels Gabriel A. Gonzalez
CITY CLERK CITY ADMINISTRATOR
IN WITNESS WHEREOF Owner has executed this agreement as of
OWNER
Amirhossein Karbaleinematmoein
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 Su K i 4 lbw' }
On 1'3019— before me, C. YIUOe 2
b ,....y
,
I
ere insert name an i e of o icer hi
t I � H �SSct.� P X01 ei
personally appeared t �, f Cr, at50 KAO"v Cks
who provA to me on the basis of satisfactory evidence to be the person(s) whose
name(syJ5i6re subscribed to the w' in instrument and acknowledged to me that
Vich e /they executed the same i his er /their authorized capacity(ies), and that by
/ r the ir signature(s) on the in ent the person(s), or the entity upon behalf of
the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
(Notary Public Sea])
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
Individual (s)
Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
p Other
2015 Version www.NotaryClasses.com 800 -873 -9865
NUNE2
Commission # 2080741
_ ..m Notary Public - California
Santa Clara County
My Comm. Ex ires Oct 3, 2018
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and
if needed, should be completed and attached to the document. Acknobvedgents from
other states may be completed for documents being sent to that state so long as the
wording does not require the California notary to violate California notary law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she /they- is /ere ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not miscued or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
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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 )
County of S ar\ +q C I r )
On SeptPrrAer 2i7 2.oilbefore me, S tX nckr a L . NaVC( ,
Date Here Insert Name and Title of the Officer
personally appeared CTa b f I e)i N. C; c n zei) e-
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is /are
subscribed to the within instrument and acknowledged to me that he /stxe /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.
SANDRA E. NAVA
Commission # 2086119
-: Notary Public - California
Z Santa Clara County
M Comm. Ex ires Nov 11, 2018
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature_ ,u< C . -AAA,-6,_
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
Title or Type of Document: Enc r oG / k ni en 4 A a rle m e r�+ Document Date: Se dfe m he 2.0 , 2 o 17
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 1❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907