Lilly Gardens Apartments
\~i~e~ GC Sec. 6103
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691.1593
75.1:p!GE 1'77
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AGREEMENT CREATING INGRESS, EGRESS AND
PUBLIC UTILITIES EASEMENT
September
THIS AGREEMENT made and entered into this 15th day of
, 1980, by and between the CITY OF GILROY, a municipal
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corporation, hereinafter CITY, and LILLY GARDENS APARTMENTS, a
California limited partnership, hereinafter LILLY.
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WIT N E SSE T H:
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WHEREAS, CITY is the owner of PARCEL ONE hereinafter
described, and LILLY is the owner of PARCEL TWO hereinafter described,
and
WHEREAS, LILLY wishes to install a private driveway and
public utilities on PARCEL ONE to serve an apartment development
on PARCEL TWO described herein, and,
WHEREAS, for valuable consideration, CITY will permit non-
exclusive easements on PARCEL ONE for the benefit of PARCEL TWO with
all improvements on PARCEL ONE to be maintained and repaired by LILLY.
NOW, THEREFORE I IT IS AGREED THAT:
(1) LILLY shall improve both parcels of land in accordance
with plans on file with and approved by the CITY Public Works Depart-
ment.
(2) The covenants herein made for non-exclusive easements
for ingress and egress and for public utilities are expressly declared
to be for the benefit of and appurtenant to PARCELS ONE and TWO and
binding upon PARCEL ONE and TWO described herein and shall be for the
benefit of and shall bind the parties and their respective heirs and
assigns and shall run with said parcels of land.
(3) LILLY shall pay all of the cost of installing and
maintaining the private street and public utilities, and shall promptly
make all necessary repairs at no cost to the CITY.
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75.1p!GE 177
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F 754p!GE 178
PARCEL ONE owned by tpe CITY is described as follows:
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An easement for ingress, egress and public
utilities over, under, on and across a parcel
of land in Gilroy, Santa Clara County, California,
described as follows:
BEING a portion of Lilly Avenue as shown on Map of
the North Gilroy Tract, a Subdivision of Las Animas
Ranchlot 32. as said map is filed for record in the
office of the County Recorder of the County of Santa
Clara in Book W of Maps at pages 14 and 15 being
more particularly described as follows:
BEGINNING at the southeasterly corner of Lot 1 Block
2 as shown on said map of North Gilroy Tract, said
point also being the most southwesterly corner of
Lilly Avenue and running thence along the line common
to Lilly Avenue and Lot 1 Block 2 N.130l5'W. 81.40
feet to the southerly line of Ronan Avenue; thence
crossing Lilly Avenue N.87003'48" E. 40.59 feet to
the northwesterly corner of Lot 11 Block 1; thence
along the line common to Lot 11 Block 1 and Lilly
Avenue S.130l5' W. 82.5 feet to the southwesterly
corner of Lot 11 Block 1; thence S.88035' W. 40.8
feet to the point of beginning.
(5) PARCEL TWO owned by LILLY is described as follows:
A parcel of land in Gilroy, Santa Clara County,
California, described as follows:
BEING a portion of Las Animas Ranch Lot 25, Las
Animas Rancho Partition Suit, Map No.7 Superior
Court Case No. 5536 and being more particularly
described as follows:
BEGINNING at the most northeasterly corner of Parcel
2 as shown on Parcel Map in the City of Gilroy for
Tom Ruiz, which map is filed for record in the Office
of the County Recorder of the County of Santa Clara
in Book 438 at page 23 and running thence along the
line common to Parcel 2 and 1 S.220l7'E. 308.78 feet
to a 1 inch iron pipe; thence N.8lo2l' E. 157.59 feet
to a point in the southwesterly line of Monterey Road
(formerly U.S. 101 Highway); thence S.220l7' 2.51 feet;
thence S.67043'W. 12.00 feet; thence S.220l7' E. 35.74
feet; thence along the line common to Parcel 1 and the
Lands of Union Oil Company of California S.8lo2l'W.
145.24 feet; thence S,loll'40" E. 125.29 feet to the
southwest corner of Union Oil Land in the northerly
line of the Lands of C. E. Filice; thence along said
northerly line of Filice and the northerly line and
easterly line of Tract No. 5089 "Gilroy Meadowslt, said
Tract filed for record in Book 294 of Marrs at page 22,
Records of Santa Clara County S.8804l'10'W. 49.55 feet;
thence S.88038t40"W. 387.59; thence N.220l3'10"W.
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F 754:P~GE 179
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483.30 feet to a 3/4 inch iron pipe at the most
northeasterly corner of said Tract 5089j and the
northwesterly corner of Parcel 2; thence along
the northerly line of Parcel 2 N.88035\E. 484.62
feet to the point of beginning, and
CONTAINING THEREIN 5.097 acres of land.
IN WITNESS WHEREOF, the parties have hereunto set their
hands the day and year first above written.
unicipal corporation,
ITY. ADMINISTRATO
LILLY GARDENS APARTMENTS, a California
limited partnership
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By
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STATE OF CALIFORNIA )
) ss
COUNTY OF SANTA CLARA )
On October 28
, 1980, before me, Susanne E. Ste; nmetz.
City Clerk.Citv of Gilroy, a Notary Public, State of California, duly
commissioned and sworn, personally appeared FRED O. WOOD, known to me
to be the City Administrator of the municipal corporation described in
and that executed the within instrument, and also known to me to be
the person who executed the within instrument on behalf of the municipal
corporation therein named, and acknowledged to me that such municipal
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal in the County of Santa Clara, the day and.Y~sf~~~ this
certificate first above written.
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STATE OF CALIFORNIA )
LOS ANGELES ) ss
COUNTY OF S~~~ )
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On November 17
1980 b fo Jane E. Dean
, , e re me,
Notary Public , personally appeared .. RANBIR S. SAHNI-
known to me to be the general partner of the limited partnership that
executed the within instrument, and acknowledged to me that such
partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal in the County of Santa Clara, the day and year in
"Ie written.
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Public State of California
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F 754p!GE 181
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~~RTt~tE~T~A~DE~SC~~A~~MrN?~,C~N~A~1~8~NI~ I~~IT~nvP~~T~~~~~lp
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 Counci I, 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
Lilly Gardens Apartments, a California limited
partnership of the premises
described in the attached conveyance dated the 15th day of
September
,19 80. and that the said City of Gilroy
consents to the recordation of said conveyance.
IN WITNESS WHEREOF,
have hereunto set my hand this
21st day of
November