Williamson Act - Filice, Ernest - Tentative Cancellation
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~ 1',.-, CERTIFICATE OF TENTA':'IVE CANCELLATION PURSUANT TO
CALIFORNIA LAND CONSERVATION ACT OF 1965
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H338 P!n662
Pursuant to the California Land Conservation Act of 1965, the undersigned,
Director of Planning of the City of Gilroy, does hereby give notice of cancellation
of the following described contract thereunder and certifies:
1) The County of Santa Clara and
ERNEST S. FILICE, ANN R. FILICE, VAL A.
FILICE, ELSIE E. FILICE
hereto entered into a Land Conservation Contract under the California Land Conserva-
tion Act of 1965; a copy of such. contract was recorded on February 26, 1971 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 described.
2) By and upon annexation of said property to the City of Gilroy, said City of
Gilroy succee;led to all the right, title and interest of the County of Santa Clara in
and to said contract.
ERNEST S. & ANN R. FILICE and VAL A. & ELSIE E. FILICE
are the names of the owners of such land at the time such contract was tentatively can-
celled by Resolution No. 82-74 of the Council of the City of Gilroy, subject to the
conditions therein set forth and are the owners requesting the cancellation.
3) That a Certificate of Cancellation of Contract will be issued and recorded
at such time as the hereinafter specified condition and contingency are satisfied.
4) The amount of the cancellation fee certified by the Council of the City of
Gilroy in said Resolution as being due pursuant to Sections 51283 and 51283.1 of the
Government Code of the State of California, is $46,662.00.
5) Condition. Payment in full of the amount of the fee set forth in 4 above,
to wit: the sum of $46,662.00.
Unless such fee is paid, or a Certificate of Cancellation of Contract is issued within
one year from the date of the recording of the herein Certificate, such fee shall be
recomputed as of the date of notice described in Government Code Sections 51283.4(b).
6) The tentative approval to cancel said contract as granted by said Resolution
No. 82-74, shall be valid for one year from the date of the recordation of the herein
Certificate. If the landowner or their successors in interest have been unable to
satisfy the condition and contingency within said one year period, the provisions of
subdivision (c) of Section 51283.4 of the Government Code shall apply and the tentative
approval of the cancellation of the contract shall be withdrawn, unless the landowner
or their successors in interest have paid the required cancellation fee. However, the
Council of the City of Gilroy may also extend the one--year time period for a reasonable
period upon a finding that the landowners or their successors in interest have pro-
ceeded with due diligence and have been prevented from satisfying the condition and
contingency by circumstances beyond their control.
7) The land hereinbefore referred to is legally described on Exhibit "A" at-
tached to this Certificate and incorporated herein as though specifically set forth
at length.
Dated:
February 8, 1983
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Director of Planning - City of Gilroy
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H338p~GE663
The land reterrec to nereln IS described as follows:
A~L THAT CERTAIN REAL PROPERTY IN THE CITY OF GILROY~ COUNTY OF
SANTA CLARA~ STATE OF CALIFORNIAJ DESCRIBED AS FOLLOWS:
BEGINNING AT A 2 INCH BY 3 INCH STAKE MARKED B. 2M.S.Y. STANDING
AT THE EASTERNMOST CORNER FOR RANCH LOTS 47~ AND 48 OF THE LAS
ANU-1AS RANCHO PARTITION: (CASE NO. 5536 IN THE SUPERIOR COURT OF
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 AND LUX
INCORPORATED TO ALEISSO LUCHESSA~ ET AL~ BY DEED DATED APRIL 12~ 1927
AND RECORDED APRIL 22J 1929 IN THE OFFICE OF THE COUNTY RECORDER OF
THE COUNTY OF SANTA CLARA STATE OF CALIFORNIA IN VOLUME 459 OF
OFFICIAL RECORDS~ PAGE 313J THENCE LEAVING SAID DIVIDING LINE AND
RUNNING SOUTHEASTERLYJ 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 ALJ
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 30J 1933 AND RECORDED APRIL 3~
1933 IN SAID RECORDERS OFFICE IN BOOK 645 OF DFFICIAL RECORDS~ ON PAGE
283J THE FOUR FOLLOWING COURSES AND DISTANCES; SOUTH 60 57' EAST
733.42 FEET TO AN IRON PIPE; SOUTH 320 OS' EAST 410.84 FEET TO A 2
INCH STAKE SOUTH 570 55' WEST 20 FEET TO A FLUSH IRON PIPE STANDING
IN THE MIDDLE OF A 40 FOOT ROAD AND SOUTH 320 05' EAST ALONG THE
CENTER OF SAID ROAD 992.00 FEET TO AN IRON PIPE SET FLUSH IN THE
CENTER i...INE OF THE 40 FOOT ROAD COMi'-iONLY <NOWN AS LUCH[SSA 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 LUCHESSAJ
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 11J 1926 AND RECORDED MARCH 22J
1926 IN SAID RECORDER'S OFFICE IN VOLUME 232 OF OFFICIAL RECORDSJ
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 48J NORTH 320 05' 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 EAST~ SURVEYED FOR JAS. A. CLAYTON AND COMPANY~ 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 NOLLJ ET UXJ TO SANTA CLARA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT~ DATED OCTOBER 10~ 1960 AND RECORDED DECEMBER
27~ 1960 IN BOOK 5024 OFFICIAL RECORDS~ PAGE 127~ AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
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H338p~GE664
BEING A PORTION OF LAS ANIMAS RANCH LOT 48 AS SHOWN UPON MAP NO. 7
OF THE LAS ANIMAS RANCHO PARTITION CCASE NO. 5535 IN THE SUPERIOR
COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA;, AND
BEING ALSO A PORTION OF THAT CERTAIN 57.227 ACRE TRACT OF LAND
SHOWN UPON THE MAP OF RECORD OF SURVEY RECORDED IN THE OFFICE
OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
DATED SEPTEMBER 5, 1955 IN BOOK 74 OF MAPS, PAGE 33, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
'BEGINNING AT A 1 1/2 INCH IRON PIPE DESIGNATED AS B.2M.S.Y. IN
THE EASTERNMOST CORNER COMMON TO RANCH LOTS 47 AND 48, SAID IRON
PIPE BEING ALSO ON THE BOUNDARY COMMON TO LAS ANIMAS RANCHO AND
RANCHO SAN YSIDRO AND RUNNING THENCE FROM SAID POINT OF BEGINNING
WESTERLY ALONG THE LINE COMMON TO RANCH LOTS 48 AND 47 NORTH 890
47' 40" WEST 1761. 74 FEET TO AN IRON PIPE AT THE NORTHWESTERLY
CORNER OF THE 57.227 ACRE TRACT HEREINABOVE REFERRED TO; THENCE
SOUTH 70 01' 4011 EAST ALONG THE WESTERLY LINE THEREOF 27.72 FEET;
THENCE EASTERLY PARALLEL TO AND 27.50 FEET FROM SAID LINE COMMON
TO RANCH LOTS 48 AND 47 SOUTH 89047' 40" EAST 1775.53 FEET TO A
POINT IN THE LINE COMMON TO LAS ANIMAS RANCHO AND RANCHO SAN YSIDRO
AND THENCE NORTH 320 OS' WEST 32.53 FEET ALONG SAID LINE TO THE
POINT OF BEGINNING.
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