Loading...
25347482 - Right of Entry Agreement - McCarthy Gilroy LLC - Recorded 07/28/2022This Document is Recorded for the Benefit tf the City of Gilroy and is Exempt from Fee per Government Code Sections 6103 and 27383 When recorded return to: City of Gilroy Public Works Department 7351 Rosanna Street Gilroy, CA 95020 25347482 Regina Alcomendras Santa Clara County - Clerk -Recorder 07/28/2022 11:24 AM CONFORMED COPY Copy of document recorded. Has not been compared with original. SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Well Number 9 Project Address: 6601 Cameron Boulevard Gilroy, CA APN: 841-84-009 RIGHT OF ENTRY AGREEMENT This RIGHT OF ENTRY AGREEMENT (the "Agreement") is entered into by and between McCarthy Gilroy LLC. a California limited liability company ("Grantor"), and the City of Gilroy ("City"). Recitals A. Grantor is the owner of certain real property located in the City of Gilroy, State of California, as described in Exhibit "A attached hereto which is incorporated herein by this reference (the "Property"). B. City desires to acquire a right of entry over, upon and across the Property purpose of locating and performing exploratory work for a future production well for the City of Gilroy. Grantor is willing to provide such a right of entry, subject to, and in accordance with, the terms and conditions of this Agreement. NOW THEREFORE, the parties hereto agree as follows: 1. Grantor grants a right of entry to City to enter upon the Property for the sole and limited purpose of locating and performing exploratory work for a future production well for the City of Gilroy (the "Right of Entry"). City shall not be permitted to use the Property for any other purpose without the prior written consent of Grantor, which consent may be withheld or conditioned as Grantor may deem appropriate with the exercise of its sole and absolute discretion. 2. Grantor represents and warrants that Grantor is the owner of the Property and has the exclusive right and power to enter into this Agreement and grant the Right of Entry to the City. 1of6 3. Upon receipt of this Agreement, duly executed and acknowledged, City shall arrange for its recordation. The Citywill payn and all costs' g y associated with this transaction . n. 1 4. The Right of Entrygranted herein shall continue' gh in full force and effect until twelve (12) months from the execution of this Agreement and at such time the Right of Entry shall automatically terminate without the need of any further action by either party hereto. Notwithstanding the foregoing, upon the request of Grantor following the expiration or termination of the Right of Entry, City covenants and agrees that it shall execute and deliver to Grantor in recordable form a quitclaim deed or other documentation consistent with applicable law required to remove this Agreement from record title to the Property. No amendments, modifications, alternations or changes to the terms of this Agreement shall be effective unless and until made in writing signed by both parties hereto. 5. Prior to utilizing the Property, City shall have obtained all permits, approvals, if any, from any governmental or quasi -governmental agency necessary for City's use of the Property as contemplated by this Agreement. City's use of the Property shall at all times comply with any and all applicable laws, statutes, ordinances and regulations (including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, water and air quality, and worker occupational health and safety). 6. City shall provide Grantor with at least seven (7) days' notice prior to the commencement of any construction period. Grantor shall have the right to have one or more representatives of Grantor accompany City and City's agents and contractors while they are on the Property. 7. The Property shall in no event be used for the storage of vehicles or any hazardous substance. Such vehicles necessary for the limited purpose of locating and performing exploratory work for a future production well may be used on the Property, subject to the approval of Grantor. 8. Upon the expiration and/or termination of the Right of Entry granted herein, the City agrees, at the City's sole cost and expense, to immediately thereafter repair any damage, impact, or disturbance to the Property directly or indirectly caused by any acts of City, or its contractors, employees, or agents and to restore the Property to the condition it was immediately prior to such damage, impact or disturbance, including, but not limited to, the immediate removal of anything placed on the Property in connection with City's activities hereon and the abandonment and demolition of any test well in accordance with the requirements of any governmental or quasi -governmental agency having jurisdiction over the Property. The City's obligation pursuant to this Section 8 shall survive the expiration or termination of this Agreement and/or the Right of Entry granted herein. 9. City hereby agrees to indemnify, defend, and hold Grantor and its members, partners, agents, and employees (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, expenses, liabilities, claims, demands, and causes of action (together with any legal fees and other costs and expenses incurred by the Indemnified Parties in connection therewith), resulting directly or indirectly from, or in connection with, any activities performed or entry on the Property by City or its agents, contractors, or other representatives, including, without limitation, any losses, damages, expenses, liabilities, claims, demands, and 2 of 6 causes of action resulting, or alleged to be resulting, from personal injury or death, or property City's indemnity obligations contained in 'his Section 9 shall damage, or liens of �n kind. g g �yy �' survive the exp � expiration)or termination of this Agre 5 ment and/or the Right of Entry granted herein. 10. City shall keep the Property free and clear of any and all mechanics,' suppliers' and similar liens. In the event any such liens do attach to the Property, then City shall, immediately upon written notice from Grantor, post an appropriate bond and take such other actions as may be necessary to remove the effect of the lien(s). If any such lien is not removed within thirty (30) days of Grantor's notice to do so, the Right of Entry granted herein shall be deemed to be automatically terminated. 11. City acknowledges and agrees that the Property has not been prepared in any manner by Grantor for its use by City, who, after inspecting the Property, agrees to accept the Property for the purposes set forth in this Agreement in its present condition, subject to all applicable zoning, municipal, county, state and federal laws, ordinances and regulations governing and regulating the use of the Property. 12. Unless otherwise set forth in this Agreement, any communication, notice or demand of any kind whatsoever that either party may be required or may desire to give to or serve upon the other shall be in writing and delivered by reputable overnight delivery service designated for delivery on the next succeeding business day with proof of delivery, by personal service (including express or courier service), by electronic communication, whether by email (if confirmed in writing sent by U.S. mail), or by registered or certified mail, postage prepaid, return receipt requested, addressed as follows: Grantor: City: McCarthy Gilroy LLC. 210 Almendra Avenue Los Gatos, CA 95030 City of Gilroy Attn: Daryl Jordan, Public Works Director 7351 Rosanna Street Gilroy, CA 95020 13. 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. 14. Venue for any action arising out of or related to this agreement shall be in the Superior Court for Santa Clara County, or for federal actions, the United States District Court for the Northern District of California. This agreement shall be construed, interpreted and governed by and in accordance with the laws of the state of California. 15. 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. 16. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 3of6 .��, 2022 Executed on this day of J, �Ut��5 S ; 2021. GRANTOR: McCARTHY GILROY LLC, a California limited liability company 05-7-31/467- 2- Dated: CITY OF GILROY: Dated: (fl1iJfl- By: The McCarthy Ranch Limited Partnership, By: a California Limited Partnership, Manager Jim By: McCARTHY MILPITAS GP, LLC, a California limited liability company General Partner By: :y Jos = A. McCarthy, Jr. rufite of the Joseph A. McCarthy, Jr. Irrevocable Trust, dated December 31, 2012 Member orbis, City Administrator 4 of 6 )A Notary Public or other officer completing this certificate verifies ,nly � the identity of the individual who signed the :document to which this certificate is attached, and not the truthfulnness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF 5.12 •1`) 173 Cj& ss. On � �- 2' � ^ ? 2— , before me, (2— g itta caA- wv0 , Notary Public, personally appeared-3bSe„Pte4 A , Accepter...I-L., y b-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. WITNESS my hand and official seal. Seal) 11;,,,,41,,i,,,,,,,,,,,,,,i..ilkomitgoommu,oii R. BRACAMONTE Comm. No. 2296831 t to �, - NOTARY PUBLIC - CAUFORNIA SANTA CLARA COUNTY My Comm. Expires July 13, 2023 lu J,un��,,la�ltl,�;Ii,I11I�Il+till1l�Ii�u�{��u�tly�i�'"°a -1- ) EXHIBIT A Legal Description of Property [See Attached] 6 of 6 } EXHIBIT A LEGAL DESCRIPTION TO ACCOMPANY A GRANT OF A PARCEL OF LAND TO THE CITY OF GILROY McCARTHY WELL PUMP STATION ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 9 AS SHOWN ON THAT CERTAIN PARCEL MAP OF `McCARTHY BUSINESS PARK', FILED AUGUST 6, 2007 IN BOOK 816 OF MAPS, AT PAGES 48-52, IN RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 9, SAID CORNER LYING ON THE SOUTHWESTERLY LINE OF CAMERON BOULEVARD (A PUBLIC STREET) AS SHOWN ON SAID MAP; THENCE ALONG THE SOUTHEASTERLY BOUNDARY LINE OF SAID PARCEL, SOUTH 51° 10' 00" WEST 140.37 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL; THENCE ALONG THE SOUTHWESTERLY BOUNDARY UNE OF SAID PARCEL, NORTH 32* 11' 48" WEST 137.00 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY LINE, NORTH 59° 42' 47" EAST 158.15 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY LINE OF SAID PARCEL AND ON SAID SOUTHWESTERLY LINE OF CAMERON BOULEVARD; THENCE ALONG SAID NORTHEASTERLY BOUNDARY LINE AND SOUTHWESTERLY LINE, ON A NON -TANGENT CURVE TO THE LEFT, WITH A BEARING TO THE RADIUS POINT BEING NORTH 70° 04' 56" EAST, WITH A RADIUS OF 1077.00 FEET, THROUGH A CENTRAL ANGLE OF 6° 13' 39", AN ARC DISTANCE OF 117.06 FEET TO THE POINT OF BEGINNING. CONTAINING 18,605 SQUARE FEET OF LAND, MORE OR LESS. AS SHOWN ON EXHIBIT B (PLAT) ATTACHED HERETO AND MADE A PART HEREOF. END OF DESCRIPTION THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYOR'S ACT. JoHro K. KING P.L.Si 6809 pal. LAND44. (I'LL co '3 -4. -Zzi '44, jOHN K • DATE . e.. • A. KING * NO.6809 41C OF CAVN EXHIBIT B PLAT 70 ACCOMPANY A GRANT OFF A PARCEL OF LAND )TO THE CITY OF GIUit7Y. IN THE COUNIY OF' SANTA CLARA, STATE OF CAUF4RNIA BEING A PORTION OF PARCEL 9, 'McCARTHY BUSINESS PARK', FILED IN BOOK 816 OF MAPS. AT PAGES 48-52, SANTA CLARA COUNTY RECORDS. 66° 0-40— �:s';0 c).sC\›,.‘ 40c/P%\c,, 4125 0:\ At),--ooes 9 oc-"O‘ 40. yr 3 -1fi MINNOW 011111.111.11 LEGEND EXISTING LOT LINE -- -- EXISTING EASEMENT LINE PARCEL TO BE GRANTED P.S.E. PUBLIC SERVICE EASEMENT S.D.E. STORM DRAIN EASEMENT (R) RADIAL BEARING e\s(F.) 0 451 (§:) •<1/4 (643 4g) • o'D HANNA—BLJNTTI EST. 1910 CIVIL ENGINEERS • LAND SURVEYORS CONSTRUCTION MANAGERS 7651 EIGLESERRY ST. ! GILROY, CA 95020 408.842.2173 • G****G of 3t Vol ! K. Date JN 19075 ) ) Project: 19075dwg Parcel Map Check Fri March 04 08:32:22 2022 Parcel name: PARCEL TO BE GRANTED North: 10779.2746 East : 8001.0101 Line Course: S 51-10-00 W Length: 140.370000 North: 10691.2546 East : 7891.6656 Line Course: •N 32-11-48 W Length: 137.000000 North: 10807.1873 East : 7818.6683 Line Course: N 59-42-47 E Length: 158.152954 North: 10886.9487 East : 7955.2351 Curve Length: 117.059538 Radius: 1077.000000 Delta: 6-13-39 Tangent: 58.586491 Chord: 117.000000 Course In: N 70-04-56 E RP North: 11253.8517 End North: 10779.2731 Course: S 23-01-54 E Course Out: S 63-51-17 W East : 8967.8116 East : 8001.0106 Perimeter: 552.580563 Area: 18,605 sq.ft. 0.43 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0016 Course: S 17-56-33 E Error North: -0.00155 East : 0.00050 Precision 1: 345,364.057500 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 Santa Clara On June 8, 2022 before me, Thai Nam Namy Pham, Notary Public (insert name and title of the officer) personally appeared Jimmy Forbis 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. WITNESS my hand and official seal. Signature (Seal) THAI NA/ 4 NAMY PHAM Notary Public - California Alameda County Commission # 2256755 My Comm. Expires Aug 31, 2022 p 7 Au G,FeoFect,,c,Ir at G gay,Concept,,m 5,tu Plan is:r .•::_ca . • • /QATE:OCTOBER 2cn9 M JOB NO. : 16-2-07t DESIGN BY: JMC DRAWN NY: AEC CHECKEN BY. WAG \FILE: X.—X.DWcJ \ t NO DATE REVISIONS REVISION 1/ f � Luhdarff Scalrnanini consuft bah.. CONCEPTUAL SITE PLAN City of Gilroy Conceptual Site Plan Gilroy. California E FOV 10' _sr • .ONZUet, .„. •I f,A,GtecO__PAS__.S -- - 1 TA 1,156.7 City of Gilroy ,••• —HoLLowAy • " .• 0 tap,: tat, s 11111 k7, 13;Crie—Fie r-A i i4 .. . n. .. . ........,,_.„........,, I , , . ... tillt IL; aPASS .....- ..._ 1 i # ?t i i 0 1 rParcel Number 841 84 009 5781.36 1,156.7 Feet NAD 1983_StatePlane_Californ a_III_FIPS_0403_Feet City of Gilroy, GIS Services : 6,940 ••• tly CS, 'g 0A C) , ..,, _ ... te,•ja - 4. cr LAJ I, , \ ...- -... 1 1 r c• C) CO Z : t,f) co 4 O i \ • ' : 4 . C4 )-- 'Zen 1. ki, 4 i 1 t'''') (1- , .49 bi `.... cc. , CA /0 •4 , / tt, .• 4 T4 ".17") / \. (.) 0 dia,,. , 4 c4,„ , P. e ' I. i •el P./ .1. i 0 / / ' ,, , • 9 co C'. \ LO .e. d In it' ' ' f29,4, ''.:t•.,‘ / 9' // / 0 ItrA (- r /1 * 0 °' 1e, t-- ••,. i 0