Pre-Annexation Development Agreement Amendment
IN~IIRED Gy91~?1.-tjC
C'HICAGO TiTLE illeit-""
J I
I
DOCUMENT: 18382317
Pages: 1 6
Fees 54.00
Taxes.
Copies.
AMT PAID 54.00
RECORDING REQUESTED BY AND
WHEN RECORDED, RETURNED TO:
City of Gilroy
7351 Rosanna Street
Gilroy, California 95020-6141
Attn: City Clerk
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Chicago Title
ROE f:l 003
5/20/2005
1: 56 PM
AMENDMENT TO PRE-ANNEXATION DEVELOPMENT AGREEMENT
FOR HECKER PASS
THIS AMENDMENT (the "Amendment"), is made and entered into this 11 th day of May 2005 (the
"Effective Date"), by and between the City of Gilroy, a municipal corporation (the "City"), and
Bonfante Gardens, Inc., a Delaware nonprofit corporation ("Bonfante Gardens"), and is made with
reference to the following:
RECITALS
A. This Amendment is to that certain Pre-Annexation Development Agreement for Hecker
Pass, dated April 1, 1997 (the "Agreement"), made and entered into by and between the
City and Bonfante Gardens' predecessor-in-interest, Nob Hill General Store, Inc., a
California corporation, covering the "Project" (as such term is defmed in the Agreement),
in Gilroy, California, being recorded on August 5, 1997, as Document Number 13801120,
in the Official Records of the County Recorder for the County of Santa Clara, State of
California, being legally described in Exhibit "A", attached hereto.
B. Pursuant to City of Gilroy Ordinance Number 2002-6 and subsequent resolutions adopted
by the City, there are 99 Residential Dwelling Units allocated, by the City, to a parcel of
land, consisting of approximately 32.7 acres, being a portion of Assessor Parcel Number
810-20-16, and being more specifically described in Exhibit "B", attached hereto (the
"Surplus Parcel").
C. On or about March 25,2004, Bonfante Gardens entered into that certain Purchase
Agreement pursuant to which it agreed to sell the Surplus Parcel to Shapell Industries,
Inc., a Delaware corporation ("Shapell").
D. Bonfante Gardens desires to remove the Surplus Parcel from the scope of the Project and
terminate the Agreement as to such parcel, in order to consummate the sale of such parcel
to Shapel1.
E. The City has determined that the development of the Surplus Parcel for single-family
residential purposes is consistent with the City's General Plan and that proper notice of
intent to amend the Agreement was provided in accordance with the provisions of S S
65867 and 65868 of the California Government Code.
1.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained in the
foregoing Recitals and the mutual covenants and promises of the parties hereinafter set forth, the
parties agree as follows:
1. Incorporation of Recitals. The above Recitals are incorporated into this Amendment
as if set forth if full.
2. Amendment of Agreement. Notice of this proposed Amendment having been given
in accordance with the provisions of SS 65867 and 65868 of the California Government Code, the
parties agree that on the Effective Date of this Amendment, the Agreement is amended as follows:
(a) The terms "Property" and "Project", as defmed in the Agreement, are hereby
amended by deleting the Surplus Parcel therefrom. Accordingly, from and after the Effective Date of
this Amendment, the Agreement shall be deemed terminated and of no force or effect as to the
Surplus Parcel.
(b) Section 13 of the Agreement, is hereby amended to provide that any notice to
Bonfante Gardens, as a Developer under the Agreement, shall be given as follow:
Bonfante Gardens
3050 Hecker Pass Highway
Gilroy, California 95020
Attn. Robert Kraemer
With copy to:
David L. Nevis
Miller, Morton, Caillat & Nevis
25 Metro Drive, ih Floor
San Jose, CA 95110
3. Recordation. The City shall, by and through its clerk, cause this Amendment to be
recorded in the official records of the County of Santa Clara, State of California, within 10 days of the
Effective Date.
4. Miscellaneous Provisions.
(a) Amendment and Waiver. Neither this Amendment nor any provision hereof
may be amended, modified, or supplemented except by a writing signed by the party hereto to be
obligated thereunder.
(b) Successors and Assigns. This Amendment shall be binding upon and inure to
the benefit of the respective successors and assigns of the Parties.
(c) Governing Law. This Amendment shall be governed by and construed in
accordance with the laws of the State of California without reference to its choice of law provisions.
2.
( d) Counterparts. This Amendment may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the same
Agreement. For all purposes, including recording, filing, and delivery of this Agreement, duplicate
unexecuted and unacknowledged pages of any counterparts may be discarded and the remaining
pages assembled as one document.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year
first above written
AUTHORIZED SIGNATURE OF CITY TO AMENDMENT
"CITY"
1 I' I' :1 ~i IL
ATTEST:
':::::A)' ... ,-j).. .
'-: }Lf)ltU" /..-LtJ___u,,-,
City Clerk
Approved as to Form:
By:
x~a.~
Its City Attorney
AUTHORIZED SIGNATURE OF BONFANTE GARDENS:
BONF ANTE GARDENS
Bonfante Gardens, a Delaware nonprofit
Corporation
By:
; k^'J
I ! /1.'- /
( I. V"-1:-L..-_,,--
i
Robert P. Kraemer, President
3.
State of California )
) ss.
County of)cz ~uf.i;" {( al'e\. )
On 1/-1 (1 . C r-, before me, 7'2 tic I ) (( {( ,X.. II,' I' \
Notary Public, State of California, personally appeared j 1-\ Lf 6 A r:. .sf.!.
personally known to me (~f-pr'6Ve(Ho'me on the basis -of satisfac4ery
evidOflce) to be the person(s} whose name(sJ is/are'subscribed to the within instrument and
acknowledged to me that she/he/they executed the same in her/his/their authorized capacity~, and
that by her/his/their signature(s} on the instrument the person or the entity(.i.0stupon behalf of which
the personwacted, executed the instrument.
(SEAL)
WITNESS my hand and official seal.
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State of California
County of S~'Lfl/~~ e,~" /,
On t}-I'j-i; , before me, 'i;iht(',/t.'L K. 13t7nt.5t>1
Notary Public, State of California, personally appeared Robert P. Kraemer personally known to me
(or pt'-eved-tcnneon the basis of satisfactory evidence) to be the person{s) whose name( s ~lare
subscribed to the within instrument and acknowledgedj9 me that sh~ejthey executed the same in
heriW~!their authorized capacity(ies), and that by her1ii~their signature(s) on the instrument the
person or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
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'i PAJRICIA IC. 8EN'I'SON
_ CommIIIIon # 1417341 .
I Notary N:lIc . CaIromIc:I
SanIa CIaIa Coc.ny .
My Comm. Expne..... 9. 2CI07
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROJECT
[TO BE ATTACHED]
5.
SEP, 4.200j 3: 23PM
order No: 988684
CHICAGO TITLE DEPT.
-RAG
NO. 7601
P. 4
1
DESCRIPTION
All that certain Real Properey in the Unincorporated Area of the County of Sanca
Clara,----St.aee-oT--CaliIorni~--described as.-fo-lIowe: - ------------.----
. -- --.
PARCEL ONEs 783-05-011 & 013
Beginning at the point of intersec~ion of the Northeasterly line of Recker Pass
Highway, as said line was escabliBhed by Parcel One in the Deed from the De Sell
corporation,. Corporation, to the State of Californi., dated June l2, 1957,
recorded July 30, 1957 in Book 3855 Official Records, Page 512, Santa Clara
County Records, with the Easterly line of that certain 24.07 acre tract of land
described in the Deea from JaCK De Bell et ux, to Louis A. Filice, et UX, dated
Sepeember 15, 1954 recorded October 19. 1954 in Book 2986 Official Records, Page
527, Santa Clara County Records; thence from said Point of Beginning South 60 deg
42' 34" East along said Northeasterly line of Hecker Pass Highway for a distance
of 599.79 feet; thence Southea5terly continuing along said last mentioned line
along an a.rc of' a curve to the left, tangent to the preceding course, with a
radius of 1450.00 feet, through a central angle of 14 deg 52' 00", for an arc
distance of 376.24 feet to the poine of ineersec~ion thereof with the
Southeasterly prolongaeion of a Westerly line of that certain 3.728 acre tract of
land described in that certain final order of condemna.tion entered on November 3,
~958 in the Superior Court of the St~te of California, in ana for ~he County of
Santa Clara in that cereain aceion entitled, "The people of the Scaee of
California, Acting By and Through the Department of Public Works, Plaintiff, vs.
Louis A. Felice et a1, Defendants Caae No. 103483,11 a certified copy of which
order was filed for record in the Office of the Recorder of the County of Santa
Clara, State of California, on November 3, 195B in So ok 4219 Official Records,
Page 701, Santa Clara County Records {shown as South 33 deg 16' 39" East 246.03
feet; thence North 33 deg 16' 30" West along said prolongaeion and the said
Westerly line of the 3.728 acre tract for a distance of 376.66 feet to the
Northwesterly corner of said 3.728 acre tra.ct, said point also being the
Southwesterly corner of that certain 1.567 acre tract of land described as Parcel
Two in the Deed to said State of California above referred to; thence North 24
deg 18' 19" West along the Westerly line of said 1.557 acre tract for a distance
of 94.17 feet, thence North 37 deg 18' 0711 East: continuing along said Westerly
1in@ of the 1.567 acre tract and its Northeasterly prolongation for a distance of
254.41 feet co the Northeasterly corner of that cer~ain trac~ of land described
in the Deed from ~he Seate of California, to the De Bell Corporation, a
California Corporation, dated August 30, 1957, recorded September 27, 195; in
Book 3900 Official Records, Page 632, Santa Clara County Records; thence North 88
deg 39' 04" West along the Northerly line of land ao described in the Deed eo
said De Bell Corporation for a distance of 433.45 feet to the Northwe5terly
corner thereof; thence South 1 deg.47' West along the Westerly line of land so
described in the Deed to said De Bell Corporation for a distance of 64.46 fee~ to
ehe Southwesterly corner thereof in the Northerly line of that certain lGO.9l
acre tract of land described as Parcel Three in the Deed from Jack De Sell et UX,
to the De Bell Corporation, a California Corporaeion, daeed Oceober 26, 1956,
recorded April 29, 1957 in Book 3786 Official Records Page 463, Santa Clara
County Records; thence North 88 deg 13' West along said Northerly line of the
150.91 acre tract for a distance of 291.56 feet to the Northeasterly corner of
the said 24.07 acre tract above referred to; ~hence Sou~h 23 aeg 11' Wese along
the Easterly line of aaid 24.07 acre tract for a distance of 130 feet more or
Dti:SCl1S0 - U/0<I!91 IV.
SEP, 4,200 j 3: 24PM
CHICAGO TITLE DEPT.
- NO. 760 1
P. 5
Order No: geB6a~
-RAG
2
DESCRIPTION
l-ess:to~the.- P-O-int-Ofaegirm-ing.-.---~-~,
Excepting from the above described Parcel One, the following described parcel of
land:
Beginning at the point,of ineersection of the Northeasterly line of Hecker Pass
Road, as said line was established by Parcel 1 in the Deed from De Bell
Corporation, a Corporation, to the State of California, dated June 12, 1957,
recorded July 30, 1957 in Book 3B55 Official Records, Page 512, Santa Clara
county Records, with the Northwesterly line of that certain 160.91 acre tract of
land described as Parcel Three in the Deed from Jack De Bell et ux. to the De
Bell Corporation, a California Corporation, dated October 26, 19SG, recorded
April ~9, 1957 in Book 3736 official Records, Page 463, Santa Clara County
Records; thence from said Point of Eeginning South 60 deg 42' 34h Baet along said
Northeasterly line of Recker Pass Road, for a distance of BO.oO feet, thence
leaving said last mentioned line and running North 29 deg 17' 26" East 170 feet,
more or less, to the point of intersection thereof with the Southwesterly line of
the Old Hecker Pass road; thence South G6 deg 15' East along said Southwesterly
line of the Old Hecker Pass Road for a distance of 270.00 feet; thence leaving
said last mentioned line and running North 23 deg 00' East 99.6 feet to the True
Point of Beginning of the tract of land to be described; thence from said True
Point of Beginning North 67 deg 00' West 10.00 feet; thence at right angles North
23 deg 00' Ea5~ 20.00 feet; thence at right angles South 67 deg DO' East 20.00
feet; thence at right angles South 23 deg 00' West 20.00 feet; thence at right
angles North 67 deg 00' West 10.00 feet to the True Point of Beginning.
(783 -05 -(12)
PARCEL TWO: 793-05-012
Beginning at the point of intersection of the Northeasterly line of Hecker Pass
Road, as said line was e6~abliehed by Parcel 1 in the Deed from the De Bell
Corporation, a Corporation, to the State of California, dated June 21, 1957,
recorded July 30, 1957 in Book 3855 Official Records, Page 512, Santa Clara
County Records, with the Northwesterly line of ~hat certain 160.91 acre traet of
2and described as Parcel Three in the Deed from Jack De Eell, et ux, to the De
Bell Corporation, a California Corporation, dated October 26, 195G, recorded
April 29, 1957 in Book 37~6 Official Records, Page 463, Santa Clara County
Records; 'thence trom said Point of Beginning Sou~h 60 deg 42' 34" Bast along
said Southeasterly line of Hecker Pass Road for a distance of 80.00 feet, thence
leaving said last mentioned line and running North 29 deg 17' 25" Eas~ 170 feet,
more or less, to the point of intersection thereof with the Southwesterly line of
the Old Becker Pass Road; thence South 66 deg 15' East along said Southwesterly
line of the Old Hecker Pass Road for a distance of 270.00 feet; thence leaving
said last mentioned line and running Norch 23 deg 00' East 99.6 feet to the True
Point of Beginning of the tract of land to be described; thence from said True
Point of Beginning North 67 deg 00' West 10.00 feet; thence at right angles North
23 deg 00' East 20.00 feet; thence at right angles South 67 deg 00' East 20.00
feet; thence at right angles South 23 deg 00' West 20.00 feet; thence at right
angles North 67 deg 00' West 10.00 feet to the True Point of Beginning.
PARCEL THREE: B 1 0 -1 7 . 0:2 6, 0 :2 9; B 10 - 1 B - 002 i 81 0 - 19 - 0 05, 0 1 0, 0 11 , 012 , a 1 0 -19 - 0 0 7
r?R."'-R;;O -1./04/'11 M
SEP.. 4,2001 3: 24PM
CHICAGO TITLE DEPT.
NO. 7601
P. 6
Order No: 988684
-RAG
3
DESCRIPTION
..
A Portion of Parcels One and Four as eho~~ on that Parcel Map recorded in Book
494 of Maps at Page 43. Santa Clara County, and a Portion of Lands of Blocher. I
361 O.R. 202, Santa Clara County Records, described as follows:
Beginning at a Point on the West Line of said Parcel four, said poine also being
at the Northeastern most corner of Parcel Three as shown on said Parcel Map said'
Point aleo lying on the West line of Lands of Nob Hill General Store, Inc., a
California Corporation, as described in that Deed recorded in KBOS of Official
Records at page 1589, Santa Clara County, and proceeding along the Westerly,
Southerly, Easterly and Northerly lines of said Parcel four and said lands of Nab
Hill the following courses:
COURSE NO.
1. S o deg. 03' 40" W 778.37 feet
2. East 70.00 feet
3. S 17 deg. 45' 49" E 294.02 feet
4. West 160.00 feet
5. S o deg. 03' 40" W 4~8.87 feet
6. S o deg. 13' 40" W 4094.58 feet
7. East 1254.00 feet
8. N 0 deg. 14' E 4527.60 feet
9. N 0 deg. 02' W 1572.30 feet
10. N 67 deg. 23' W 262.00 feet
11. N 49 des. 20' 30" W 98.97 feet
12. N 31 des. 26' W 154 . 34 feet
13. S 37 deg. 18' 09- W as.48 feet
14. N 42 deg. 54' 55" W 294.26 feet
15. N 38 deg. 11' 51" W 55.00 feet
16. N 72 deg. 45' 58" W 83.64 feet
17. S 66 deg. 33' 05" w 57.31 feet
lB. N 69 des. 23 ' 35" W 301.68 teet
to the Easternmost corner of those lands conveyed co the State of California by
J627 of official Records at page 1271, Santa Clara County; thence along ehe
Southerly line of last aal.d landB S 83 deg. 53' 57" W 44.13 feet; thence
Northwes~erly along a lSeS Foot radius curve to the righe, tram a tangene bearing
N 82 deg. 52' 34" W., said curve having an int:erior angle ot 18 deg. SO' 48", and
a length of 521.36 feet to a point ly~ng 91.84 feet Southerly along the said 1585
Foot radius curve from an angle point in last said Southerly line; thence S 0
deg. 09' W 419.62 feet; thence S 17 deg. 14' DO" E 810.00 feet; thence S 20 deg.
16' 11" Vi 194.80 feet to a point on the Northeasterly line of said Parcel Three,
last said point being N 69 deg. 43' 49" W 288.41 teet from the Northeasterly
corner of said Parcel Three; thence S 69 deg. 43' 49" E. 288.41 feet to the Point
of Beginning.
Excepting from the above described Parcel Three. the tollo~ing described parcel
or land;
Beginning at the Northeastern most corner of said Parcel Four and proceeding S 00
DP.sCR$O uI2/o.c/91 M
SEP,. 4.2003 3:25PM
CHICAGO TITlE DEPT.
NO, 7601
P. 7
order No: 9B8684
-RAG
4
DESCRIPTION
deg. ~ 9 '. ;3 3 M E.-along. the. East .1 ine.-0f---6a-id-P.a~cel.--i'our,-2-6.9~a-l-feet - t~uthe-
Westerly terminus of the Northeast line of a Pedest.rian/Equestrian Easement as
shown on Parcel One on that Parcel Map recorded in Book 663 of Map~ at Pages 13
and 14, Santa Clara County Records; thence N 30 deg. 15' W 412.10 feet more or
lese to a point on the Northeasterly line of said Parcel Four; thence S 67 deg.
23' E 224.09 feet along last eaid line co the Point of Beginning. '
PARCEL FOUR: 810-17-014, 015, 021, 024. 025
A portion of Parcels Two and Three as shown on thac Parcel Map recorded ~n Book
494 of Maps, at page 43, Santa Clara County Records, lying in Santa Clara County,
California, described as follows:
Beginning at a point on the South line of said Parcel Two, said point lying S 89
deg. 35' 00'1 W 145.44 feet from che Southeasterly angle point in said Parcel Two,
last said angle point being produced by the courses S 17 deg. 40' 40" W 105.66
feet and S 89 deg. 35' 00" W 428.05 feet as shown on said Map; chence along the
following courses:
COURSE NO.
L N 19 deg. 21' 40" E 417.99 feet
2. N 76 deg. 1 Sl' 19" W 13.90 feet:
3. N 17 deg. 40' 40" E 1089.46 feet
4. N 64 deg. 27' 00" E 206.60 feet:
to a point on the Northeascerly line of said Parcel Two, said point: lying N 69
deg. 43' 4g" W 9.45 fe.et from the Northeastern corner of said Parcel Two; thence
along the Northestern Line of said Parcels Two and Three and along ehe Easeerly
and Southerly line s of said Parcel Three the following courses;
COURSE NO.
5. S G9 deg. 43' 49" E 689.53 feet
6. S. 0 deg. 03' 40" W 778.37 feet:
7. East 70.00 feet
a. 5 17 des. 45' 49" W 294.02 feet
9. West 160.00 feet
10. S 0 deg. 03' 40" W 350.00 feet
1l. N. 78 deg. 40' 00" W 1134.00 feet
12. S 17 deg. 40' 40" W 105.66 feet, and
13. S 89 deg. 35' DO" W 145.44 feet
to the point of besinning.
PARCEL FIVE:
A non-exclusive easement for Ingress and Egress and for the installation and
maintenance of public ut:ilit:ies, appurtenant to the above described parcels, over
a strip of land 60.00 feec in widch, lying 10.00 feet Westerly of and 50.00 feet
Eaecerly ot the !ollowing described line:
DIlSCRSO "11/04/91 ^^
SEP:, 4.2003 3: 25PM
orcier No; 988684
CHICAGO TITU DEPT.
NO. 760 1
P. 8
. RAG
5
DESCRIPTION
Beginning at a point in the Sou~hweBeerly line of the State Highway
IV-SCI-32D-1957, disean~ thereon South 60 deg 14' 20" East 232.40 feee from a
concrete monument at Station 325 57.01 E. C. of said Highway and running ehence
South 57 deg 45' 40" West 161.79 feet; South 41 deg 31' 40" West 262.30 feet;
South 31 deg 44' 40" West 311.70 feet; South 3 deg 19' 10" West 344.34 feet;
South 23 deg 29' SO" East 166.48 feet; thence Southwesterly 150 feet. more or
less, to a point which bears South 71 deg 14' 02" East 94.02 feet and North 19
deg 29' 13" East 110.0 feet from the most Easterly corner of Parcel 1., as said
Parcel is shown upon ehat certain Map entitled, "Record of Survey being a portion
of the solie Rancho", which Map was filed for record in the Office of the
Recorder of the County of Santa Clara, Scate of California on December 7, 1967 in
Book 231 of Mape, at Page 22; thence South 19 deg 29; 13" West 110.00 feet and
the terminus of said easement, said ea~ement is appur~enant to and for the
Benefit of Parcels Three, Four ana Seven.
PARCEL SIX;
A non-exclusive easement for Ingress and Egress and for the installa~ion anQ
maintenance of public utilicies and for water pipe lines, appurcenant to the
above described parcels, over an existing roadway 60.00 feet in width. the center
line of which is deecribed as follows;
Beginning at the poin~ of intersection of the Easterly line of chat certain
160.91 acre ~rac~ of land described as Parcel Three in the Deed from Jack De
:eell, et ux, to the De Bell Corporation, dated October 26, 1956, recorded April
29, 1957 in Book 3786 Official Records, page 463, Santa C~ara County Records,
with the Southwesterly line of Hecker Pass Road, as said line was eecablished by
Parcel One in the Deed from the De Bell Corporation, to the State of California
dated June 12, 1957, recorded July 30, 1957 in BOOK 3655 Official ~ecorde, page
512, Santa Clara County Records; thence from said point of beginning South 0 deg
OS' 19" West along said Easterly line of the 160.91 acre tract for a distance of
1370.09 feet to the True Point of Beginning of the easement to be described;
thence from said True Point: of Beginning Norch 69 deg. 43' 49" West: 1460.17 feet:
to the terminus of eaid easement, said easement is appurtenant to and for the
Benefi~ of Parcels Three and Pour.
Excepting therefrom all that portion thereof lying within the above described
Parcels Three and Four.
PARCEL SEVEN: 810-18-010. 011
All of Parcel Two, as shown upon chat cert:ain Map ent:itled, "Parcel Map, being a
portion of the Las Animas Rancho", which Map was filed for record in the Office
of the Recorder of the County of Santa Clara, State of California on October 12,
1.993 in Book 650 of Maps, at Page 49.
PARCEL EIGHT:
An easement 40 feet in width for ingress and egress and public utilities the
centerline of said easement deecribed as follows:
DIlSCllSO - lZf1l4191 ^^
Oreer No: 988684
CHICAGO TITLE DEPT.
-RAG
NO. 7601
p, 9
SEP.. 4.2003 3:25PM
6
DESCRIPTION
.
Commencing at a point in the cen~erline of that 60 foot wide eaeemene recorded in
Book 7981 of Official Records at Page 56, Santa Clara County Records, said point
being che northeast terrninius of thae course shown as No. 16 on that Parcel Map
recorded in Book 494 of Maps, at Page 43, Santa Clara County Records and
proeeeding S 20016'11" W 30.00 feet to a point on the eouthweseerly line of said
easement eo the Point of Beginning; thence tram said Point of Beginning S 27003' W
28.19 feet to station "All; thence along a curve to the right wieh a radius of 40
feet at an angle of 60.00 feet for a distance of 41.89 feet to station liB":
thence S 87003' W 28.00 feet to station c; thence along a curve to the left with a
radius of 85.47 feel; ao: an angle of 70033'08" for a distance of 105.24 feet to
station liD": thence S 16029' 52"W for a distance of 224.83 feet to station liEn;
thence on a curve to the left with a radius of 457.22 feet at an angle of
19037'5211. for a distance of 148.68 feet to station "F"; thence S 2008' B for a
distance of 32.2~ feee eo station "G"j thence on a curve to che righe wieh a
radius of 196.58 feet at an angle of 11046' for a distance of 143.30 feet to
staotion "H"i thence S 39038' W for a distance of 151.72 feet to 6caeion "I";
chence on a curve to che left with a radius of 250.00 feet at an angle of 45.000
for a di5tance of 196.34 feet to station "JII; thence S 5022' B 110.00 feet t:o
station ilK"; t:henc:e on a curve to t:he righ'C with a radius of 414.00 feet at an
angle of 21010' for a distance of 152.94 feet to station ilL"; thence S 15048' W
93.00 feet to station "M"; thence on a curve eo the lefe with a radius of 243.00
feet at an angle of 30"31' for a diseance of l29.42 feet to station "N"jthence 5
14043' E 456.60 feet more or lees to a po~nt on the south line of parcel two of
said parcel map, lase said point being 152.52 feet westerly from the southerly
terminus of that course, (5 0025'00" E 89.33 feec) , as shown on said parcel map,
to station "0", said easement if appurtenant to and for the Benefit of Parcel
Seven.
PARCEL NINE t
An easement for ingress and egress described as follows;
Beginning at the poine of beginning of the above described 40 foot wide easement
and running S 69043'49" E 20.00 feet to the easterly line of said 40.00 fOOl: wide
easement being the true point of beginning; t:hence S 69043'49" E along the
southwesterly line of the 60.00 foot easement (79B1-or.-56) 30 feet; thence BO
feet more or less souchweeterly to the mid point (on the soucheast line of above
described 40 foot easement) of the 40.00 foot radius (centerline) curvej thence
northeasterly along the soucheasterly line of said 40.00' foot wide easement
above described 60 feet more or less to true poine of beginning, said easement is
appurtenant to and for the Benefit of Parcel Seven.
PARCEL TEN r
A 10 foot wide easement for ingress and egress. The easterly line of said
easement descr.ibed as follows;
Commencing at above station "L" and running S 15D48'W 40.00 feet and N 74012' W
20.00 feet to the True Poine of Seginning; thence S 15048' W 53.00 feet: thence
southerly along a 263.00 foot radius curve to the lefc, having an interior angle
DESCN.>O.. 12/Cl'jgl AA
SE P,. 4. 2003 3: 26 PM
CHICAGO TITLE DEPT.
NO. 7601
P. 10
Order No: 988684
-RAG
7
DESCRIPTION
of.17~-2S-!-4-2-.!'madi stance--O f-S-O--.O 0 fee e--t-o--.t.he -tenni-nus.of- s&i~ e asemen-t ,-said n
easement is appureenant to and for the Benefit of Parcel Seven.
PARCEL ELEVEN:
An easement for ingress-egress said easement described as follows:
Commencing at said station "0", and proceeding S a~o35' W along the Southerly line
of Parcel Two as shown on Parcel Map recorded in Book 494 of Maps at Page 43,
Santa Clara County Records 20.64 feet to the True Point of Beginning; enence
continuing S 89D35' W 25.00 feet; thence N 37Q26'15" E 30.68 feet to a point on
the Southwesterly line of the 40 foot wide easement above described; thence S
14043' E 25.00 feet to the Point of Beginning. said eaeement is appurtenant to and
for the Benefit of Parcel Seven.
PARCEL TWELVE: Pen.: 810-20-012
Beginning at the Nor~heaet corner of Parcel One as shown on that Parcel Map
recorded in Book 663 of Maps at Pages 13 and 14, Santa Clara County Records, said
corner being at the East end of that course liS 89 deg. 59' 56" It!'; ehence along
the East, South and West lines of said Parcel One:
S 00 deg. DB' E 1239.38 feet,
N 69 deg. 52' 17" W 1675.00 feet,
N 00 deg. 09' 33" W 1402.67 feet
to a point on the Northeasterly line of the Pedestrian/Equestrian Easemene shown
on said Parcel Map; ehence Southeasterly and Easterly along last said line:
S 31 deg. OS' E 282.40 Feet.
155.45 feet along a tangent curve to the Left, Radius=193.00
feet. interior angle+49 deg. 07',
258.30 feet along a compound curve to the left, radius=632.00
feet, interior ang1e=23 deg. 25'.
N 76 deg. 20' E 499.27 feet
324.40 feet along a tangent curve to the righe, radiua=1360.00
feet, interior angle.13 deg. 40',
East sa.59 feet.
5.24 feet along a tangent curve to the left, radius=6S.00 feet, _
interior angle"'4 deg. 37' 09",
S 00 deg. 36' E 0.34 feet,
S 89 deg. 59' 56" E 240.84 feet to the Point of Beginning.
DE:SCRSC) .. 1./04/91 AA
EXHIBIT "B"
LEGAL DESCRIPTION OF SURPLUS PROPERTY
[TO BE ATTACHED]
6 .
07/08104 16;02 FAX 408 848 0302
RUGGERI JENSEN AZAR
@005
EXHTRIT A
LEGAL DESCRIPTION FOR
CERTIFICATE OF COMPLIANCE
LOT LINE ADJUSTMENT
PARCEL B
All that real property situated in the City of Gilroy, County of Santa Clara, State of California,
described as follows:
A portion of Parcel B. as said Parcel is described in that certain Certificate of Compliance for
Lot Line Adjustment filed for record as Document Number 14139227. Official Records of Santa
Clara County, Califomia, being more particularly described as follows:
COMMENCING at southwesterly corner of said Parcel B. said point also being the southerly
terminus of the course designated as SOD02'E 1672.30 feet on that certain Lot Line Adjustment
Parcel Map filed for record in Book 494 of Maps, at Page 43, Records of Santa Clara County,
California, and the northwest corner of Lot 61, as said Lot 61 is shown on the map of Tract
9365, Eagle Ridge, filed for record in Book 748 of Maps, at Page 20, Records of Santa Clara
County, California; thence running along the southerly line of said Parcel B and northerly line of
said Lot 61
a,) SB9DS2'17"E, a distance of 48.11 feet to the TRUE POINT OF BEGINNING; thence
leaving said southerly line of said Parcel B and northerly line of said Lot 61
1.) NOO.07'43"E, a distance of 178.08 feet; thence
2,) N04D18'56"E, a distance of 178.81 feet; thence
3.) N02D29'2T'E, a distance of 36.13 feet; thence
4.) N09D19'49"W, a distance of 120.58 feet; thence
5.) NOO.46'42'W. a distance of 146.48 feet; thence
6.) N21 D41'39"E, a distance of 190.51 feet; thence
7.) S63D29'09"E, a distance of 72.82 feet; thence
8.) S88D13'32"E, a distance of 194.26 feet; thence
9,) N76021'10"E. a distance of 402,59 feet; thence
10.) N84D51'07"E, a distance of 357.84 feet; thence
11.) S89D02'02"E, a distance of 222.92 feet; thence
12.) N8rS9'43"E, a distance of 330.76 feet to the easterly line of said Parcel B; thence running
along said easterly line
07/08/04 16:03 FAX 408 84B 0302
KU66hKl JhN~~N ^~M\
EXHIBIT A
LEGAL DESCRIPTION FOR
CERTIFICATE OF COMPLIANCE
LOT LINE ADJUSTMENT
13.) SOQoOB'QO"E, a distance of 934.99 feet to the southeasterly comer of said Parcel B, also
being an angle point in the northerly line of Lot 62 as said lot is shown on said map of
Tract 9365; thence leaving said easterly line and running along the southerly line of said
ParcelS, and the northerly line of said Lot 62
14.) N89052'17"W, a distance of 1,626.89 feet to the TRUE POINT OF BEGINNING.
Containing 1,424,288.90 square feet or 32.6972 acres, more or less.
END OF DESCRIPTION.
~vvu
, . .
07l0RI04 16: 03 FAX 40B 1i41l UJUZ
KUuu~rtl .J~l'l ;)CJ~ (l.~tu\
HECKE.R pASS H1GHWA '(
1f'ISRl STREET)
,N31'08'00.W N90"OO'09"W N89"S9'56"W
PARCEL 4 L, 88.59, 20'
494-M-43 f{(::. 282.4-?"E. ~ . C~ 4 .84
TRANSFER [:-:,:.:':'::'-: NOg br500 Q"t ItSS.'l.1 ....:..::,.:::,.:..:0:.:.:<<.:.::,.:':.:...:,.:':..::,:0:.>>'!'r!ii: >-
PARCEL -uJI\ljl%P ~lE,10' ~....:,,:,:,;,.:.(.:,:.:::::~i~:Vi:SEEWg&if;J11.0:::ii~::~:;;::):!;!: \:l
J~~N~ , 'fgi.li~ii!&I:iwlll.fl@jrw~1I1 OC
# 14139227 t;; [=:::::((~::::(F(::::(((::::(~::(::::.::::::::(:~i:B-i~}f:~~~~35 7''84; r -+= 330 76'
-:::-~ tm~N~~'Z~:::~:::i::::::::ii:~:::.,j.;:.;46rt59 . LN89"02'02"W -.=-
BONFANTE GARDEN w c:: ..,.1:::;.:Pco LB r- 222.92' :---
THEME PARK Z ;;:::::~!...::l-.J L co
::::J w~l(:::t., NEW LOT LINE I~
.... N' 1:'::1 1 en
o p~r:::'1::'~ . l~ NN
...J 00, I:,:; en I ~ lD N
0::: eo I:::.: , PARCEL B ~ ~ :il I
w . ,,;;,.{> DO CUMENT '<t-<:::
::::!: 0 t:::::r" L3 r') b \-0 """I
[5 ~r:i:::- #14139227 01,? ~O)'"
u. r-:,:,: C\I I ~ ~
L--f~ -' I 0 \-0 lD
48.11' rN.~ . 10
".' ...J
. 1626.89'
p" 0 . B lTRANSFER PARCEL) - - - - - - N-89'S2'17"W 167S.0o"':'(Tr - - --
P.O.C,<PARCEL B) T"P"O"B.(PARCEL B) LEGEND
p" 0" C" POINT OF COMMENCEMtNT
p , 0 "B . POINT OF BtGINNING
T. P . 0 . B . TRUt POIN T OF B['GINNING
PROPtRTYBOUNDARYL~E
FORMER LO T LINE
- - - - - - - NEW LOT LINE
EXISTING LOT LINE
- - - - RANCHO LINE
TRANSfER PARCEL
TOTAL DIMENSION
RADIAL BEARING
PARCEL MAP - 494-M-4J
N04 '37'Og"W(R)
NOO'36'OO"W
_C.1..: 0.34'
DETAIL NBS'59'Stf'W-
N.T.S, 240.84'
1000
....
...
_fl
-.;t
-'I
w::E
UI
D:::-.;t
<f;lJl
D..-.;t
Nt'1 I
-.::- I
-' I I
bJ~ I
ul
0:::-.::- .
~C)
-.::-
PARCEL A
-9GGUMgNf'u.
#14139227
\
\
\
I
I
I
+ +
I I
L___________~
LINE
L1
L2
L3
L4-
L5
L6
L7
LB
LINE TABLE
LENGTH BEARING
178.0B' NOO'0]'43"E
178.B1' N04'1B'56"E
36.13' NOZ'Z9'27"E
1Z0.58' N09"19' 49"W
146.48' NOO"46' 42"W
190.51' N21'41'39"E
72,82' N63"29'09"W
194.26' N88"13'32"W
PARCEL MAP
PARCEL MAP
663-M-13
PARCEL MAP
316-M-4a
TRACT 9365
748-M-20
NOTE:
BEARINGS AND DISTANCES ARE BASED ON
RECORD INFORMA TION DESCRIBED IN THA T
CERTAIN LOT LINE ADJUSTMENT fiLED AS
DOCUMENT #74139227. OFFICIAL RECORDS
Of SANTA CLARA COUNTY, CALIfORNIA.
CURVE TABLE '
LENGTH RADIUS
165.45' 193.00'
258.30' 632,00'
324,40' 1360.00'
S.24' 65.00'
CURVE
C1
C2
C3
C4.
EXHIBIT B
PLAT TO ACCOMPANY CERTIFICATE OF
COMPLIANCE FOR LOT LINE ADJUSTMENT
illJUSTMENT OF JlpARCEL B" AND "PARCEL C"
AS DESCRIBED IN THE LOT LINE ADJUSTMENT
RECORDED AS DOCUMENT #14139227
CITY OF GILROY, SANTA CLARA COUNTY, CAllFORNIA
---- - --~----
t:::,,;.;.:,:-:,,:,::,,::,:.:.:.:,:,:.:.:.:,:,:,:,:,:,:,:,:,:,:,:,:,:,:,::,:,:':'::':':'j
(T)
(R)
(RI)
I
N90'00'OO"W
88.59'
DEL TA
49'07'00"
23"25'00"
13"40'00"
4"37'09"
500
SCALE IN FEET: 1"= 500'
EI-lGuiEEflS '. PLAtlNERS " SUAVf'{ORS
DATE:
7-01-2004
1500
1
JOB NO,:
032045