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Eagle Ridge HOA (2)RECORDING REQUESTED BY CITY OF GILROY WHEN RECORDED MAIL TO: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 RECORDED WITHOUT FEE PER CALIFORNAI GOVERNMENT CODE SECTION 6103 24210032 Regina Alcomendras Santa Clara County - Clerk -Recorder 06/24/2019 03:33 PM Titles: 1 Pages: 8 Fees: 5.00 Taxes: 0.00 Total: 15.00 1111 kIF.111594F.�i�F�'i�il�ti r«�Fl+��iF'�i�K����rl'C��Yi���� 11111 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT Easement Agreement, 3-5-2019 Page 1 City of Gilroy -Eagle Ridge HOA EASEMENT AGREEMENT This Easement Agreement ("Agreement") is made and entered into by and between The Community of Eagle Ridge Owners' Association, a California nonprofit mutual benefit corporation ("Eagle Ridge HOA") and the City of Gilroy, a California municipal corporation ("City"). RECITALS A. The term "Easement Area" means the real property consisting of approximately 860 square feet located in the City of Gilroy, County of Santa Clara ("County"), more particularly described in the Legal Description for a Public Service Easement, attached hereto and made a part hereof as Exhibit A, and identified as the 10' PSE as shown on the plat drawing attached hereto and made a part hereof as Exhibit B. B. The City is processing a final subdivision map entitled "Tract 10401 Kroeger" ("Final Map") for property which is adjacent to the Easement Area. The City requires a public service easement over the Easement Area in connection with the approval of the Final Map. D. These Recitals shall be incorporated into and be a part of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, and other good and valuable consideration, the receipt of which and sufficiency of which is hereby acknowledged, Eagle Ridge HOA and City hereby agree as follows: 1. Grant of Easement. Eagle Ridge HOA hereby grants to the City and its successors and assigns a non-exclusive easement over, across, under and through the Easement Area for the purposes of the construction and maintenance of a public sanitary sewer ("Sewer Improvements"). Such easement shall also include those areas adjacent to the Easement Area as reasonably necessary to facilitate the construction, maintenance and repair of the Sewer Improvements. 2. Maintenance and Repair. City, at City's expense, shall (a) make any necessary repairs to improvements or landscaping that are damaged by City's construction and maintenance of the Sewer Improvements, (b) be responsible to maintain, repair and, if necessary, replace all Sewer Improvements in compliance with all applicable laws, and (c) all landscaping within the Easement Area which is damaged shall be replaced with landscaping which will be similar to and "match" the landscaping installed adjacent to the Easement Area. 3. Indemnity. The term "Indemnified Parties" as used herein means, collectively, Eagle Ridge HOA and the successors, assigns, officers, directors, shareholders, owners, employees, agents, representatives, invitees and mortgagees of Eagle Ridge HOA. In consideration of the grant of the easement, City shall indemnify, protect, defend upon demand with counsel reasonably acceptable to Eagle Ridge HOA and hold harmless the Indemnified Parties from and against any and all liabilities, losses, claims, actions, causes of action, demands, damages, judgments, penalties, fines, monetary sanctions or awards of any kind or of any nature, attorney's fees, experts fees, and any other expenses or costs which result from, relate to or arise, directly or indirectly, in any manner whatsoever by reason of property damage, death or injury to persons or entities arising from or relating to the indemnifying party's design, construction, location, reconstruction, removal, replacement, inspection, repair, or maintenance of any component related to the Sewer Improvements in the Easement Area. Easement Agreement, 3-5-2019 Page 2 City of Gilroy -Eagle Ridge HOA 4. Notice. All notices, requests and demands to be made hereunder to the parties hereto shall be made in writing to the addresses set forth below and shall be given by any of the following means: (a) personal service, (b) certified or registered mail, post prepaid, return receipt requested, or (c) nationally recognized courier or delivery service. Any notice, demand or request sent pursuant to either subsection (a) or (c) hereof shall be deemed received upon the actual delivery thereof, and, if sent pursuant to subsection (b) shall be deemed received five (5) days following deposit in the mail. Refusal to accept delivery of any notice, request or demand shall be deemed to be delivery thereof. To City: Director of Gilroy Public Works/City Engineer 7351 Rosanna Street Gilroy, CA 95020 To Eagle Ridge HOA: The Community of Eagle Ridge Owners' Association c/o Community Management Services, Inc. 1935 Dry Creek Road, Suite 203 Campbell, CA 95008 Attention: Chris Valenzuela, Community Manager 5. General Provisions. No waiver by a party of any provision in this Agreement shall be considered a waiver of any other provision or any subsequent breach of the same or any other provision including the time for performance of any such provision. The exercise by a party of any remedy provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law. This Agreement may be amended at any time and from time to time, but any amendment must be in writing and signed by both City and Eagle Ridge HOA. This Agreement is executed and intended to be performed in the State of California, and the laws of that state shall govern its interpretation and effect. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. This instrument contains the entire agreement of the parties relating to the rights granted and obligations assumed in this instrument. Any oral representations or modifications concerning this instrument shall be of no force or effect unless contained in a subsequent written modification signed by the party to be charged. Each party hereto will execute and deliver any and all additional instruments and documents, and perform such further acts, as may be reasonably necessary to make effective the terms and conditions of this Agreement. Time is of the essence of each and every provision of this Agreement. The covenants, rights, duties, obligations and restrictions contained in this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 6. Legal Expenses. The provisions of Section 6 of this Agreement shall survive the termination of this Agreement. In the event of any action at law or in equity, including an action for declaratory relief, between the parties arising from or in connection with this Agreement, then the prevailing party ("Prevailing Party") in such action shall be entitled to recover from the other party a reasonable sum as attorneys' fees and costs plus interest at the maximum rate allowed by the law from the date any payment should have been paid until the time at which it is paid. The Prevailing Party shall be determined in accordance with Civil Code Section 1717(b)(1) or any successor statute. 7. Authority. Each person signing this Agreement on behalf of either Eagle Ridge HOA or City warrants and represents to Eagle Ridge HOA and City, as applicable, that such person is duly and fully authorized to enter into this Agreement on behalf of such entity, that this Agreement will be binding upon such entity and that the execution of this Agreement has been approved and ratified as required by the organizational documents of such entity. Easement Agreement, 3-5-2019 Page 3 City of Gilroy -Eagle Ridge HOA 8. Condition. Eagle Ridge HOA and the City agree that this Agreement is subject to the following condition: Eagle Ridge HOA's signature on this Agreement is subject to and conditioned upon the approval of the Final Map by the City and the recordation of the Final Map in the official records of Santa Clara County. IN WITNESS WHEREOF, Eagle Ridge HOA and City have executed this Easement Agreement as of _ k_c. , 2019. CITY: City of Gilroy, a California municipal corporation By: City Administrator G4cbrt;*B. _ A • Gel�Z^14l-k-1 IDEX"Nas9I111"Do1[17M The Community of Eagle Ridge Owners' Association, a California nonprofit mutual benefit corporation By: �., j Authorized Representative 'Dennis bA14 6ga+14 Easement Agreement, 3-5-2019 City of Gilroy -Eagle Ridge HOA Page 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 /-`•/-`• ..caC..�C..ats�•_s�C_a�C.a� _a�R_.�Cc�•..�<s�C.. .� . 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 Sah 9�1, clar t ) On Maq 5, :P-ol q before me, 16SAPIna ice 114S- J"44#1 , A161LA ,1 Pu bl + L Date \ Here nsert Name and Title of the Olficer personally appeared U.ehn%S �)de B a eOlq Names} of Signer(4 who proved to me on the basis of satisfactory evidence to be the person(sj whose names} is/a;(,- subscribed to the within instrument and acknowledged to me that he/5he4ley executed the same in his/herMkleir authorized capacity(i , and that by his/h�ir signature(* on the instrument the person(*, or the entity upon behalf of which the persons} acted, executed the instrument. ROSANNA ARGUELLES-PATTON Notary Public - California .� Santa Clara County Commission # 2162602 My Comm Expires Aug 13, 2020� Place Notary Seal Above 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 Signature of Notary Public 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 _ ( i3ckUetA 60(? d- �" (A ield-tC �'A Title or Type of Document: Cr�h+ o� �usemQ Document Date: 493%osllcl Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Chimed by Signer(s) Signer's Name: en n iS J1 cite- R ect Corporate Officer - Title(s): CI Partner - I Limited J General Ci Individual I Attorney in Fact 17 Trustee I Guardian or Conservator. El Other: 0� "Orcud i!2.eprtisen-hL-hv-e. Signer Is Representing: EOJte If4d4t- fiolq Signer's Name: Corporate Officer - Title(s): i ! Partner - I_ I Limited I General I I Individual Attorney in Fact I 1 Trustee Guardian or Conservator I Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ( L1�II��LvEilll�1 fu�L�fL-(Pt1 �'['®�� /1(�6'.i l® lLl��c>�rtrb'11 G1�iZ CiviL CODE § 1189 x'��.s•�'���!:csr�:x—ctF•�'.cSE•�'��cY'sY,s�.��.cr�fr��,c�'�'.�%r�,��C.c^.cl>�.cY;c:,t-•s:���.,c•��.��c:^�'�..�F•s^ �-r� 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 c, ca r1 �O On-,.Une- lcl .7L?I�'I before me, �c�f�c�f�t s'�C.IVGt / Ivotr�vi�t fiLkli,G, Date Here Insert Name and Title of the Officer personally appeared G" b-ji d A &o -i z_o ti e z Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(;� whose name(&& is/are subscribed to the within instrument and acknowledged to me that he/she/t* executed the same in his/4ef/their authorized capacity(ies), and that by his/Fyer/tl eir signature(&) on the instrument the person((s,� or the entity upon behalf of which the person(sl) acted, executed the instrument. y� 10111 E. NAYA Notary Public - California z Santa Clara County Commission # 2262752 My Comm. Expires Noy 11, 2022 Place Notary Seal Above 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 /�-L�►'�� Signature of Notary Public GPlfrlONAL 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: L ravl+ c� 6-,15110Aent Document Date: '."1"une 111 1 Z016' Number of Pages: Signer(s) Other Than Named Above: Calpaicity(ies) Claimed by Siagnelr(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: 02014 National Notary Association ^ wvvw.NationalNotary.org a 1-800-US NOTARY (1-800=876-6827) Item #5907 "EXHIBIT A" LEGAL DESCRIPTION FOR A PUBLIC SERVICE EASEMENT All that real property situated in the City of Gilroy, County of Santa Clara, State of California, being a portion of "Lot 49" as shown on that certain map entitled "Tract 9563, Eagle Ridge", filed September 16, 2004 in Book 775 of Maps, at Pages 23 through 28, Records of Santa Clara County, California, being more particularly described as follows: Commencing at the north corner of said "Lot 49"; thence along the northwest line of said "Lot 49", S17°08'20"W, a distance of 46.81 feet to the Point of Beginning; thence leaving said northwest line, S35°11'58"E, a distance of 89.88 feet; thence S54048'02"W, a distance of 10.00 feet; thence N35011'58"W, a distance of 82.17 feet to the northwest line of said "Lot 49"; thence along said northwest line, N17008'20"E, a distance of 12.63 feet to the Point of Beginning. Containing 860 square feet, more or less. As shown on "Exhibit B", attached hereto and made a part hereof. END OF DESCRIPTION. This description was prepared by me or under my direction pursuant to the require ents of the Professional Land Surveyor's Act. Bryan Pierce, PLS 8859 Date \oNP\-LAAID S, cc BRYAN IL PIERCE No. 8859 Q' oQ= OF CAL Page 1 of 1 Q�G QNAL L4�v / a� BRYAN 1 "bO��O. * PIERCE o wti 6'l� N, -moo �59 oFCAL1 0 I I ,'T I -� c 00 IGo 0000 3: 1 W E 1 � LOT 49 I 1 z TRACT 9563 zl (775-M-23) I v 1 I I I _ t-- T— I I 20' � I / N54'48'02"E- / 10.00'/ i SCALE IN FEET: 1 "= 20' "EXHIBIT B" PLAT TO ACCOMPANY DESCRIPTION FOR A PUBLIC SERVICE EASEMENT BEING A PORTION OF "LOT 49" AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT 9563, EAGLE RIDGE", FILED SEPTEMBER 16, 2004 IN BOOK 775 OF MAPS, AT PAGES 23 THROUGH 28, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA GILROY, CA PSE (T) POB POC I I I I I 1 PSE(775-M-23) I 1 I 1 I LEGEND BOUNDARY LINE EXISTING LOT LINE EXISTING EASEMENT LINE NEW EASEMENT LINE PUBLIC SERVICE EASEMENT TOTAL LENGTH POINT OF BEGINNING POINT OF COMMENCEMENT SHEET 1 OF 1 xxp 1 RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 8055 CAMINO ARROYO GILROY, CA 95020 PHONE: (408) 848-0300 FAX: (408) 848-0302 SCALE: DATE: JOB NO.: 1"= 20' 05/10/2019 I 022019