Rocca, Et AlDEVELOPMENT AGREEMENT BETWEEN CITY OF GILROY,
A MUNICIPAL CORPORATION AND ROCCA, ET AL.
This i s an Agreement b etween the C ity o f Gilroy, ( "City"), and Ju lius Rocca, Jr., and
Michael Rocca, Successor Trustees of The Norma V. Barberi Revocable Living Trust (Executed
December 28, 1993, also known as Amended and Restated Revocable Trust executed on April
30, 1997, as to an undivided 1/3 interest); Marcia Giachetti as Trustee of The Barberi Living
Trust dated September 9, 1997, as to an undivided 1/3 interest; Anna Marie Barberi, Trustee of
the Barberi Family 1989 Trust under revocable trust agreement dated July 31, 1989 - Marital
Trust, and Richard Barberi or Rebecca G. Barberi, as Co- Trustees under the Barberi Family
Trust, dated May 17, 2002, Joan L. Tassan, all as their interests may appear„ as to an undivided
1/3 interest, (collectively "Owners ").
WHEREAS, City and Owners have entered into an Agreement for Purchase of Property.
( "Purchase Contract ") for the purchase of land described in Exhibit A. The City's real property
and the Owners' real property are immediately adjacent to one another. As a condition of the
Purchase Contract, the parties have entered into this Development Agreement.
NOW, IT IS AGREED:
During the term of this Agreement, the Owners shall maintain weed abatement in
accordance with the standards and specifications generally applicable for weed abatement in the
County of Santa Clara or the City of Gilroy, whichever is applicable to the real property on that
portion of the City's property described in Exhibit A. Said weed abatement obligation shall run
with the land of the Owners until such time as the City uses the real property described in Exhibit
A for some material purpose other than installing and maintaining a water line. In that event,
following a written request from any of the Owners, the City shall record a written release
terminating obligations of the Owners under this Development Agreement and shall record the
release in the Official Records.
City and Owners agree that the Owners' property (APN 808 -21 -016 and referred to
hereinafter as "Owners' Property") is currently used for agriculture. It is the intention of the City
and Owners that this use shall continue forward until such time as the Owners seek and obtain
approval for development. Further City and Owners agree that the land purchased by the City
pursuant to the Purchase Contract was formerly part of the Owners' Property and used for
agricultural production. Until such time as the Owners' Property is approved for development,
the City and Owners anticipate that the Owners' Property will continue to be used for agriculture
or lie fallow.
Upon annexation to the City and approval by the City of development of the property
described in Exhibit A with a condition of approval so providing, Owners agree to fulfill all the
terms of this Agreement upon demand by the City as though each Owner had contracted with
such City originally. The conditions of approval may include a requirement that the installation
of curb, gutter, sidewalk, street, trees and other improvements along the street frontage of the
Owners' Property and extend along the street frontage of the real property described in Exhibit
A.
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01 -060804 - UPDATUPD
During the term of this agreement provided that City's only material use of the property
described in Exhibit A is for the installation and maintenance of a waterline and provided that
Owners' use of its property is for agricultural purposes, the City shall allow Owner to use the
real property described in Exhibit A for bringing agricultural equipment onto and off of the real
property described in Exhibit A and for turning around agricultural equipment that is otherwise
being used on Owners' Property.
This Agreement benefits, burdens and relates to the use, repair and maintenance of the
real property described in Exhibit A. This Agreement benefits, burdens and relates to the use,
repair and maintenance of Owners' Property. This Agreement shall inure to the benefit of and be
binding upon the heirs, successors and assigns of the parties. Upon the sale or division of the
property described in Exhibit A, the terms of this Agreement shall apply separately to each
parcel and the owner of each parcel shall succeed to the obligations imposed on the Owners by
this Agreement.
IN WITNESS WHEREOF the parties have executed this Agreement as of
7_ / (/I' ' .2004.
APPROVED AS TO FORM:
City A orney
CITY OF
w
C
r,
BY: Michael Rocca, Successor Trustees of
The Norma V. Barberi Revocable Living
Trust (Executed December 28, 1993, also
known as Amended and Restated Revocable
Trust executed on April 30, 1997, as to an
undivided 1/3 interest)
BY: Julius Rocca, Jr., Successor T stees of
The Norma V. Barberi Revocable Living
Trust (Executed December 28, 1993, also
known as Amended and Restated Revocable
Trust executed on April 30, 1997, as to an
undivided 1/3 interest)
WH1616973.2 _2_
01 -060804 - UPDATUPD
/dove, � _ (' Id'. (,4 cA '. T s � e r.
BY: Marcia Giachetti as Trustee of The
Barberi Living Trust dated September 9,
1997, as to an undivided 1/3 interest
BY: Anna Marie Barberi, Trustee of the
Barberi Family 1989 Trust under revocable
trust agreement dated July 31, 1989 - Marital
Trust
BY: Richard Barberi or Rebecca d.
Barberi, as Co- Trustees under the Barberi
Family Trust, dated May 17, 2002
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UH1616973.2
01 -060804 - UPDATUPD
�4icricnnv 1[:1y 4088423662 HANNA & BRU ETTI PAGE 82
LEGAL DESCRIPTION - LANDS TO SE CONVEYED
EXHIBIT "A"
ALL OF THAT CERTAIN REAL PROPERTY IN THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA AND DESCRIBED AS FOLLOWS:
BEING A PORTION OF THAT CERTAIN PARCEL OF LAND SHOWN AS "I.OT 5 -. EMMA E. THOMAS TO
G. BARBERI AND SONS, INC" AS SHOWN ON THAT CERTAIN RECORD OF SURVEY, WHICH WAS
FILED ON MARCH 22, 1941, IN BOOK 6 OF MAPS, AT PAGE 7, OFFICIAL RECORDS OF SANTA CLARA
COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHWESTERLY BOUNDARY OF SAID "LOT 5 - ET AL ", SAID
BOUNDARY BEING ALSO THE SOUTHEASTERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND
SHOWN AS 'PORTION OF LOT 5 TO BE RETAINED BY EMMA E. THOMAS", AS' SHOWN ON SAID
RECORD OF SURVEY, SAID POINT BEING N89002'00'W 67.05 FEET FROM THE MOST
SOUTHEASTERLY CORNER.OF SAID "PORTION OF LOT 5 TO BE RETAINED BY EMMA E. THOMAS ",
THENCE LEAVING SAID NORTHWESTERLY AND SOUTHEASTERLY BOUNDARY S25064'19'E 129.55
FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 710.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE. THRU A CENTRAL ANGLE OF 8 °3145', AN ARC DISTANCE
OF 105.59 FEET; THENCE S17023'04 "E 147.54 FEET TO THE TO THE BEGINNING OF A CURVE TO
THE LEFT, HAVING A RADIUS OF 690.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE,
THRU A CENTRAL ANGLE OF 5039'02", AN ARC DISTANCE OF 68.05 FEET; THENCE S23002'06 0E
110.69 FEET TO A POINT ON THE LINE BETWEEN LOTS 5 AND 6 AS SHOWN ON THAT CERTAIN
MAP ENTITLED "MAP OF MASSEY THOMAS" SENIOR SUBDIVISION OF LAS ANIMAS RANCH LOT NO.
15 AND RECORDED IN BOOK 'G' OF MAPS, PAGE 59 OF THE OFFICIAL RECORDS OF SAID
COUNTY, LYING DISTANT THEREON S890O9'00'E 51.06 FEET FROM THE INTERSECTION OF SAID
LINE WITH THE MOST SOUTHEASTERLY CORNER OF A PORTION OF LAND DESCRIBED IN A
GRANT DEED TO THE SANTA CLARA VALLEY WATER DISTRICT IN BOOK K443 OF OFFICIAL
RECORDS AT PAGE 633; THENCE N89009100"W 51.08 FEET ALONG SAID LINE BETWEEN LOTS 5
AND 6 TO SAID SOUTHEASTERLY CORNER; THENCE LEAVING SAID LINE AND CORNER ALONG
THE EASTERLY BOUNDARY OF SAID PORTION OF LAND N15030'00"W 217.62 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT AND HAVING A RADIUS OF 900.00'; THENCE NORTHERLY
ALONG SAID CURVE THRU A CENTRAL ANGLE OF 22 020'29, AN ARC DISTANCE OF 350.94 FEET TO
A POINT ON THE SOUTHERLY LINE OF SAID PORTION OF LOT 5 TO BE RETAINED BY EMMA E.
THOMAS AND THE MOST NORTHHEASTERLY CORNER OF SAID PORTION OF LAND; THENCE
LEAVING SAID CORNER ALONG SAID SOUTHERLY LINE S69 °02'00 "E 59.37 FEET TO THE
POINT OF BEGINNING.
CONTAINING 0.44 ACRES OF LAND (19,382 SQUARE FEET), MORE OR LESS.
PREPARED BY THE FIRM OF HANNA AND. BRUNETT I, GILROY, CA
EXHIBIT A
fJY/ L (I LCJVY tG [7 %VUU4ZJbbY KA" & BRI_M-ffI PAGE 93
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* Exp. 6 -30 -05 : LAND TO BE CONVEYED
, P 19,382 sq. ft.
x, VIVIL N $
0 0.44 ocres s
CAL f a_ `. ,
EXHIBIT "S
PLAT TO ACCOMPANY LEGAL DESCRIPT10N
PORTION OF LOT 5 AS SHOWN ON THAT CERTAIN
RECORD OF SURVEY, WH1CN WAS FILED FOR RECORD
IN BOOK 6 OF MAPS, AT PAGE 7
CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA
MARCH, 2004 SCALE 1" = 80'
0
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LOT 6 "p" M 69
SHUT OW of a9 SM JN 04026