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Willaimson Act - Filice, Ernest - Cancellation GtJ3 NO FEE per GC Sec 6103 ~~ 7767128 QIitl! af ~ilral! 7351 Rosanna Street, P. O. Box 66 GILROY, CALIFORNIA 95020 CERTIFICATE OF CANCELLATION OF CONTRACT ;....' r" (\ ~'} r) [\ f{D . r-rl ;~i\ t:D r\.iK" , ,,'. I ~ 'f:T !'EGUEST ,"~ G, ~ N t!) 1\ UG i. => <:( WHEREAS, the COUDty of Santa Clara and VAL A. FILICE, ELSIE E. FILICE ERNEST S. FILICE, ANNj{.F~~:tt. ," C' h' . i.", " - ;',. C,),::-:, l'.t ~:~, t ,:." ,.) ~'\ rf~; 1'\' Hn3 i',~c?21a H 773 P~6-E-)J3 Land Conserva- hereto entered into a Land Conservation Contract under the California tion Act of 1965; a copy of such cODtract was recorded on February ,26, 1972 in Book 9238 , Page 1-11 of Official Records in the Office of the Recorder of the County of Santa Clara, State of California covering all land hereinafter describec; Exhibit "A" and 'NHEREAS, by an upon annexation of said property to the City of Gilroy, said City of Gilroy succeeded to all the right, title and interest of the County of Santa Clara in and to said contract; and ERNEST S. FIL!CE, ANN R. FILICE, VAL A. FILICE, ELSIE E. FILICE are the names of the owners of such land at the time such contract was tentatively cancelled by Resolution No. 82-74 of the Council of the City of Gilroy, adopted May 3, 1982 subject to the conditions therein set forth; and WHEREAS, there has been recordedin the office of said Recorder of Santa Clara County a Certificate of Tentative Cancellation of such contract in accordance with and subject to the conditions set forth in said resolution; and WHEREAS, there has occurred the conditions specified in said Resolution, to wit: ERNEST S. FILICE, ANN R. FILICE, VAL A. FILICE, ELSIE E. FILICE as owners of the hereinafter described land, have paid t2e cancellation fee of $46,662.00 and have obtained all required discretionary permits from those federal, state and local agencies having jurisdiction by law over the develop- ment project; ~OW, THEREFORE, by reason of the occurence of such conditions, to wit, the payment of said cancellation fee and the obtainment of such permits, there is hereby released from the lien of the Certificate of Tentative Cancellation, hereinbefore mentioned all real property described therein and hereinafter in this Certificate, and all other real property owned by ERNEST S. FILICE, ANN R. FILICE, VAL A. FILICE, ELSIE E. FILICE -1- H......,lI'1 ""r.~ "":1 4 '''11:;) I..,,, ,tC;,,(, ,. located in the County of Santa Clara, State of California and said contract is hereby cancelled. The real property firstly mentioned and specifically released hereunder is all that real property in the City of Gilroy, County of Santa Clara, described in Exhibit "A" attached to this Certificate and incorporated herein by reference. The City Clerk is hereby directed to cause the recordation of this Certifi- cate with the County Recorder. Dated: July 27, 1983 ATTEST: ;1~~b.~ -2- , - H338 r~C: 663 H 773 P,',G: 215 The ~and rerer;e~ :0 .~er~ln is ~esc:"ced as f81 lOws: A~L THAT CERTAIN REAL PROPERTY IN THE CITY OF GILROY, COU~TY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRI3ED AS FOLLOWS: 8 E G I ~J N I N GAT A 2 I N C H 3 Y 3 I N C H S T ,A K E ;'1 A ,::(, KED 3. 2,"'\. S . Y. S T A ,'\1 D Pi G AT THE EASTERNMOST CORNER FOR RANCH LOTS 47, AND 48 OF THE LAS MHt1AS RANCHO PARTITION: (CASE NO. 5536 IN THE SUPERIOR COURT 'JF SANTA CLARA CALIFORNIA) AND RUNNING THENCE WESTERLY AND ALONG THE DIVIDING LINE BETWEEN SAID RANCH LOTS 47 AND 48, NORTH 890 46' WEST 1761.85 FEET TO AN IRON PIPE STANDING AT THE NORTHEASTERLY CORNER OF THE 3.06 ACRE TRACT OF LAND CONVEYED BY MILLER A~JD LUX INCORPORATED TO ALEISSO LUCHESSA, ET AL, BY DEED DATED AP~IL 12, 1927 AND RECORDED APRIL 22, 1929 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA STATE OF CALIFORNIA IN VOLUME 459 OF OFFICIAL RECORDS, PAGE 313, THENCE LEAVING SAID DIVIDING LINE AND RUNNING SOUTHEASTERLY, SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID 3.06 ACRE TRACT OF LAND CONVEYED BY SAID MILLER AND LUX INCORPORATED TO SAID ALEISSO LUCHESSA, ET AL, AS AFORESAID AND ALONG THE NORTHEASTERLY BOUNDARIES OF THE TWO TRACTS OF LAND ALSO CONVEYED BY SAID MILLER AND LUX INCORPORATED TO ALEISSO LUCHESSA, ET AL BY DEED DATED MARCH 30, 1933 AND RECORDED APRIL 3, 1933 IN SAID RECORDERS OFFICE IN BOOK 645 OF OFFICIAL RECORDS, ON PAGE 283, THE FOUR FOLLOWING COURSES AND DISTANCES; SOUTH 60 57' EAST 733.42 FEET TO AN IRON PIPE; SOUTH 320 05' EAST 410.84 FEET TO A 2 INCH STAKE SOUTH 570 55' WEST 20 FEET TO A FLUSH IRON PIPE STANDING IN THE MIDDLE O~ ~OOT ROAD AND SOUTH 320 05' EAST ALONG THE CENTER OF SAID ROAD 992.00 FEET TO AN IRON PIPE SET FLUSH IN THE CENTER LINE OF THE 40 FOOT ROAD COMMONLY <NOWN AS LUCHCSSA AVENUE AT THE EASTERNMOST CORNER OF THE PARCEL OF LAND DESCRIBED AS PARCEL NO.2 IN SAID DEED FROM MILLER AND LUX INCORPORATED TO ALEISSO LUCHESSA, ET AL, DATED MARCH 30, 1933 (SAID POINT BEING ALSO THE W~STERNMOST CORNER OF THE 20 ACRE TRACT OF LAND CONVEYED BY M.E. THOMAS TO MICHELE MONDELLI BY DEED DATED MARCH 11, 1926 AND RECORDED MARCH 22, 1925 IN SAID RECORDER'S OFFICE IN VOLUME 232 OF OFFICIAL RECORDS, PAGE 57) THENCE NORTHEASTERLY AND ALONG THE NORTHWESTERLY LINE OF SAID 20 ACRE TRACT NORTH 570 55' EAST 1820.50 FEET TO ~N IRON PIPE STANDING AT THE NORTHERMOST CORNER OF SAID 20 ACRE TRACT IN THE NORTHEASTERLY LINE OF SAID RANCHO LOT 48 AND THE NORTHWESTERLY AND ALONG SAID NORTHEASTERLY LINE OF RANCHO LOT 43, NORTH 320 OS' wEST 1119.80 FEET TO THE POINT OF BEGINNING, BEING A PART OF SAID RANCHO LOT 48 OF SAID PARTITION OF THE LAS ANIMAS RANCHO COURSES TRUE. VARIATION 180 EASTJ SURVEYED FOR JAS. A. C~AYTON AND COMPANYJ BY F. A. HERRMANN OF HERRMANN BROTHERS. SURVEYORS & C.E. 'S SAN JOSE, CALIFOR EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED FROM ALVIN NOLL, ET UX, TO SANTA CLARA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, DATED OCTOBER la, 1960 AND RECORDED DECEMBER 27, 1960 IN BOOK 5024 OFFICIAL RECORDS, PAGE 127, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: dillS )AtJ'O ECORO"-" '\,<?\NG I' RrnNG ORc \'A"T'-€.S f;..n.rr w nN cor\l;;._o nP-CoRO ~ v,",fl~ R"P \:1. ,<5> ~d\"l. Pl-lo\,OG iV1" n, T ~