Berry, Trevis and Catherine (2)
, . .
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/pfty/
RECORDING REQUESl
BY
1353078
CITY
STATE
ZIP L
.J
\) ~.
.E 442;'!G~ 475
Recorded at the request ~f
Lawyers Title Insurance Corp.
APf~ 2 G 197J 8:00AM
GEORGE A. MANN, Recorder
Santa Clara County, Official Retllrds
E 44Z?1Gf 475
This space for Recorder's use
LA1;QYERS TI'Tl,E H]SURANCE CORP.
AND WHEN RECORDED MAIL THIS DEED AND, UNLESS
OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT
TO:
NAME I City of Gilroy
A~~~ 7390 Ros~nna St.
Gilroy Ca
'I
. 71635 GY4267
Title Order No. . . . . . . . . . .. Escrow No. . . . . . . . . . . . . . .
FASEHENT
Documentary Transfer Tax $ -0- no transfer made
Computed On Full Value Of Property Conveyed
__ Computed On Full Value Less Liens & Encumbrances
Remaining Thereon At Time Of Sale.
~er~Title ~_n~~nc~~;voration
// ///?-u ~Lc?f!;(>
Sign:iture of declarant or agent determining tax - firm name.
GRANT DEED
FOR A VALUABLE CONSIDERA nON, receipt of which is hereby acknowledged,
TREVIS BERRY AND CATHERINE BERRY, HIS r,yrFE
hereby GRANT(S) to
CITY OF GILROY, A r1UNICIPAL CORPORATION
the following described real property in the
County of Santa Clara
, State of California:
FOR FULL LEGAL DESCRIPTION OF EASEMENT SEE EXHIBIT "A" ATTACHED
~
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"> TFIS EASEMENT SHALL TER~INATE NOVEMBER 1, 1979
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Dated
r1arch 23. 1979
x ;;:~6~~
Trevis Berry / .
t 55.
(, .
x ., tt:. L . i.-~ t-L-,. c. ~.
Catherine Berry
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before me, the
ublic in and for said State, personally
Berry and Catherine Berry
"~'-<>-~
Lisa Dougherty
NOTARY FU3L1C . CALIFORNIA
SANTA CLARA COUNTY
My C '.
ommlSSlon ~pires Dec. 14, /982
~w-:;-;':~lt.'
Lisa Doughert
Notary's Name (Typed or Printed)
(This area for official notarial sea\)
MAIL TAX STATEMENT TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE.
Name
Street Address
City & State
Zip
EXHIBIT "A"
E 4 _Zf'!G: 476
DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED BY THE CITY OF
GILROY OVER LANDS OF TREVIS BERRY, ET UX:
BEING a portion of Lot 6 as shown on "Map of the Subdivision of the Elizabeth
H. Martin Tract", which map is filed for record in Book "F" of Maps at page 31,
Records of Santa Clara County, California, and being more particularly described
as follows:
A TEMPORARY EASEMENT for the purpose of construction of a sanitary sewer in lands
adjacent to the southwesterly line of the Grantors more particularly described as
follows:
A strip of land 35.00 feet in width, the southwesterly line of which is the
northeasterly line of that certain parcel of land described as Parcel 5 in the
deed to HIRASAKI FARMS, a California Corporation, recorded in Volume 1596 at
page 454, Official Records of Santa Clara County and extending from the
southeasterly line of said Lot 6 northwesterly to the most northeasterly corner
of said Parcel 5 in the Southerly line of the old Pacheco Pass Highway, and
EXCEPTING THEREFROM any portion contained within the State Highway.
~.
EXHIBIT "An
E 44 ~1'!Gt 477
DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED BY THE CITY OF
GILROY OVER LANDS OF TREVIS BERRY, ET UX:
BEING a portion of Lot 6 as shown on "Map of the Subdivision of the Elizabeth
H. Martin Tract", which map is filed for record in Book "F" of Maps at page 31,
Records of Santa Clara County, California, and being more particularly described
as follows:
A TEMPORARY EASEMENT for the purpose of construction of a sanitary sewer in
lands adjacent to the southwesterly line of the Grantors more particularly
described as follows:
A strip of land 35.00 feet in width, the southwesterly line of which is the
northeasterly line of that certain parcel of land described as Parcel 5 in
the deed to HIRASAKI FARMS, a California Corporation, recorded in Volume 1596
at page 454, Official Records of Santa Clara County and extending from the
southeasterly line of said Lot 6 northwesterly to the most northeasterly
corner of said Parcel 5 in the Southerly line of the old Pacheco Pass Highway,
and
EXCEPTING THEREFROM any portion contained within the State Highway.
E 442p.!Gf 4?B
CERTIFICATE OF ACCEPTANCE OF CONVEYANCE TO THE CITY OF GilROY
BY TREVIS BERRY. ET UX
I. the City Administrator of the City of Gilroy, do
hereby certify that pursuant to the authority given by Resolution
No. 944, adopted by the Council of the City of Gilroy on the 6th
day of July, 1965, at a regular meeting of said Council. a certified
copy of which resolution is on record in the office of the County
Recorder of the County of Santa Clara, State of California. in Book
7027. page 228, I. as said City Administrator, do hereby accept on
behalf of the said City the conveyance to the City of Gilroy by
TREVIS BERRY, ET UX
of the premi ses
descri bed in the attached conveyance dated the 23rd day of
March
. 19~. and that the said City of Gilroy
consents to the recordation of said conveyance.
3rd
day of
April
of the City of Gilroy.
IN WITNESS WHEREOF,
l_
CL T A Standard Coverage ~ 1973
SCHEDULE A
~
Date of Policy: April 25, 1979 @8:00am
Policy No. H 839-876
SJ-7l635
Amount of Insurance: $ 700. 00
Order No.
Charge: $
50.00
I. Name of Insured:
CITY OF GILROY, A MUNICIPAL CORPORATION
2. The estate or interest referred to herein is at Date of Policy vested in:
CITY OF GILROY, A MUNICIPAL CORPORATION
3. The estate or interest in the land described herein and which is covered by this policy is a fee.
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which
arise by reason of the following:
PART I
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether
or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by
an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct
survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water.
6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to
in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this
paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a
physically open street or highway is insured by this policy.
061-0-075-0002 A
(Continued)
CL T A Standard Coverage - 1973
,~""
H 839-876
SCHEDULE B (Continued)
7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in
ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law,
ordinance or governmental regulation.
8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights
appears in the public records.
9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the
insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the
insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this
policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company
prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the
insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which
would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without
. knowledge.
PART II
1. Taxes for the fiscal year 1979-1980 a lien not yet due or payable.
2. The fact that the ownership of said land does not include any
rights of ingress or egress to or from the highway contiguous
thereto, said rights having been relinquised by Deed
From Trevis Berry and Catherine Berry
To State of California
Recorded May 9, 1968, Book 8116, Official Records,
Page 460
Series No. 3413094
Except that said Land shall have access to a frontage road
which will be connected to the freeway only at such points
as may be established by public authority.
3. WAIVER OF ANY CLAIMS for damages to said property by reason of
the location, construction, landscaping or maintenance of the
freeway as contained in a Deed to the State of California
Dated April 16, 1968
From Trevis Berry and Catherine Berry
Recorded May 9, 1968, Book 8116, Official Records,
Page 460
Series No. 3413094
06I,()'075-0003 A
CL T A Standard Coverage - 1973
,<'"
H 839-876
PART II (Continued)
4. Conditions contained in' the 'lease executed by Trevis Berry
and Catherine Berry, Lessors to Golden West Pancakes, a
California corporation, Lessee Recorded September 9, 1972
. in Book 0013 of Official Records, Page 267, as follows:
Lessor shall not lease or permit or allow any other food,
retail beverage business or any coin operated machines
for the disbursement of food, candy or beverages to be
located on Lessors remaining lands withour the prior
consent of lessee: .
5. Conditions contained in the lease executed by Trevis Berry
and Catherine Berry, Lessors to Shell Oil Company, a Delaware
corporation lessee, recorded January 17, 1973 in Book 198
of Official Records, page 227, as follows:
No petroleum products for motor vehicles shall be advertised,
stored sold or distributed on lessors remaining lands.
6. The above Vestees acquired title as follows:
By Grant Deed
From Pete Dellanini and Virginia Dellanini
Dated November 30, 1951
Recorded December 10, 1951, Boo, 2331, Official Records,
Page 362
Series No.: None Shown
Transfer
Tax $49.50
Assessed valuations for taxes,
Assessed Value Land
Assessed Value Improvements
Assessed Value Personal Property
Tax Rate: 5.327 Bill
as follows:
$41,750.00
$9,000.00
$-0-
No. 841-17-033
Assessed valuations for taxes, as follows:
Assessed Value Land $21,750.00
Assessed Value Improvements $2.975.00
Assessed Value Personal Property $-0-
Tax Rate: 5.458 Bill No. 84l~17-037
Address of the above vestees, as disclosed by tax rolls is
as follows:
7801 Miller Road, Gilroy, Ca 95020
7.
A Lease affecting the premises herein stated, executed by and
between the parties named herein, for the terms and upon the
terms, covenants, conditions therein provided,
Dated October 15, 1971
Lessor Trevis Berry and Catherine Berry
Lessee Golden West Pancakes
Term 15 years with option for renewal
Recorded September 9, 1972, Book 0013, Official Records,
Page 267
4343397
Series No.
Affects
Said lease does not disclose of record the
exact legal description affected.
061-0-075,0005 A
American Land Title Association Loan Pol" '70
With Street Improvement Assessment Cove,,,,,
or
California Land Title Association
Standard Coverage Policy 1973
SCHEDULE C
H 839-876
The land referred to in this policy is situated in the County of Santa Clara, City of Gilroy,
State of California, and is described as follows:
PARCEL 2, as shown on that certain Map entitled, "PARCEL MAP, being
a resubdivision on Parcel 2 as shown on Parcel Map filed in Book
285 of Maps at page 45, Santa Clara County Records", filed for
record on May 10, 1972, in Book 300 of Parcel Maps, at page 53, Santa
Clara County Records.
061-0,075,0004 A
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