Larson, Carol
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EscroworLoanNo.848650 .' 7 ('" . / DOCUMENT: 15600916
Titles: 1 / Pages: 4
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
II 11I11I1111111
0E0015600916OE
Fees....* No Fees
Taxes.
Cop i es. .
AMT PAID
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Do Not Charge Recording Fees
Pursuant to Government Code section 27283
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Chicago Title
RDE ** 006
3/21/2001
8:00 AM
~---_.. ..
SPACE ABOVE nns LINE FOR RECORDER'S USE
Mail Tax Statements to:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
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,
A.P.N.783-20-050
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CAROL LARSON, an unmarried woman, hereby GRANTS to the CITY OF GILROY
that certain real property in the City of Gilroy, County of Santa Clara, State of California, more particularly
described in Exhibit A attached hereto and made a part hereof.
Dated: 3/7 /r:J.oo/
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CAROL LARSON
. .
\JH\507491.2
01-021504706002
-1-
Page 1
Escrow No. 848650 -JW
LEGAL
DESCRIPTION
EXHIBIT
All that certain Real Property in the City of Gilroy, County of Santa Clara, State of
California, described as follows:
PARCEL ONE:
Portion of Lot C, as shown upon that certain Map entitled, "Map of the Survey & of
the Subdivision Estate of Perry Dowdy, deceased", which Map was filed for Record in
the Office of the Recorder of the County of Santa Clara, State of California, on
October 17, 1900 in Book I of Maps, at Page 143, and more particularly described as
follows:
Beginning at a Point in the line dividing Lots C and D of the Perry Dowdy Subdivision
hereinabove referred to, distant thereon North 89 deg. 50' West 500.90 feet from the
point of intersection of said line dividing said Lots C and D with the center line of
Morey Avenue 40 feet wide; thence along said line dividing said Lots C and D, North
89 deg. 50' West 200.00 feet; thence parallel with the center line Morey Avenue,
South 4 deg. 50' West 479.90 feet; thence parallel with said line dividing said Lots
C and D, South 89 deg. 50' East 200.00 feet; thence parallel with the center line of
Morey Avenue, North 4 deg. 50' East 479.90 feet to the point of beginning.
PARCEL TWO:
A non-exclusive easement for Road and utility purposes in general, over, on, across
and under a strip of land 50.00 feet in width, the Northerly line of which is
described as follows, to wit:
Beginning at the point of intersection of the Westerly line of Morey Avenue, 40.00
feet wide, with the dividing line between Lots C and D as said Avenue and Lots are
shown upon the Map of Perry Dowdy Subdivision, which said Map is of Record in the
Office of the County Recorder of the County of Santa Clara, State of California, in
Book "I" of Maps, Page 143; thence along said dividing line, North 89 deg. 50' West
480.90 feet, more or less, to the Westerly line of the Parcel of Land conveyed by
Richard B. Bilkosky, et ux, to Dunham B. Sherer, et ux, by Deed dated october 2, 1959
and recorded October 7, 1959 in Book 45667 of Official Records, page 638, Santa Clara
County Records.
The Easterly terminus of said Easement being said westerly line of Morey Avenue and
the westerly terminus thereof being the said Westerly line of saidparcel of land so
conveyed to Sherer.
Excepting therefrom from Parcel Two above any portion of said easement that lies
within the bounds of that certain Parcel of Land conveyed by Di Peng Yang to the
City of Gilroy, a Municipal Corporation by that certain Grant Deed recorded August
18, 1999 as Instrument No. 14944686 of Official records.
DEEDLEGL-08/09/94bk
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STATEOF~ J
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COUNTY 0 7!ea
~ !/ J ~/! A~-c-
'Od, before me, ',4 ),jef /I. (tI/', personally
appeared If.- I K..sil~
D personally known to me -OR- ~to me on the basis of satisfactory
evidence to be the person( s) whose
name(s) is/are subscribed to the within
insnyment and acbowledgcd to me that
he(s~hhee.tt . ey executed the same in
his r' eir a~~zed capacity(ies),
an that by his~eir signature(s) on
the instrume~ person(s), or the
entity upon behalf of which the
per n(s) acted, executed the
instru ent.
sa-- -oo JANET wi: WAUACI-l
iii.. eo. . ... ..'.1144384 M
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\JH\50749t2
01-021504706002
-2-
CAPACITY CLAIMED BY SIGNER
Though statute does not require the
Notary to fill in the data below, doing so
may prove invaluable to persons relying
on ~ument.
tJ INDIVIDUAL
o CORPORATE OFFICERS(S)
Title(s)
o PARTNER(S) 0
LIMITED
o
GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o
GUARDIAN/CONSERV A TO
R
o OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
~
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Carol Larson
This is to certify that the interest in real property conveyed by the grant deed dated
March 7,2001 from Carol Larson, to the City of Gilroy, a municipal corporation of the State of
California, is hereby accepted by the undersigned officer or agent on behalf of the City of Gilroy
pursuant to authority conferred by Resolution No. 99-90 of the City of Gilroy adopted December
20, 1999, 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, document #15167735, dated March 1,2000 and
the grantee consents to recordation thereof by its duly authorized officer.
In witness whereof, I have hereunto set my hand on March 9, 2001,
I:\CTYCLERK\FORMSIACCEPT ANCE.DOC
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CHICAGO TITLE COMPANY
'7 g 3 -;2 0 -- 0 5'0
7881 CHURCH STREET, #D, GILROY, CA 95020
Phone: (408)292-4212
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Fax: =AM--j~'--.
Attn: Bill Headley
City of Gilroy
7351 Rosanna Street
Gilroy, California 95020
DATE March 29, 2001
REGARDING:
ORDER NO. 000848650 - vw
In accordance with instructions in the above order number, we enclose herewith our Policy of
Title Insurance.
Any documents recorded in connection with this transaction will be forwarded to you direct
from the County Recorder's office.
Should you have any questions, please contact the undersigned.
It has been our pleasure to have handled this transaction for you. If, at any time in the future
we can assist you, we will be pleased to have you request CHICAGO TITLE COMPANY.
We appreciate your business.
Sincerely,
CHICAGO TITLE COMPANY
Virginia williams
B 1 POLENC-07/93bk
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CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY 1990
CHICAGO
TITLE
INSURANCE
COMPANY
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SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE
INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown
in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or
incurred by the insured by reason of:
1, Title to the estate or interest described in Schedule A being vested other than as stated therein;
2, Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land;
and in addition, as to an insured lender only:
5, The invalidity or unenforceability of the lien of the insured mortgage upon the title;
6, The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being
shown in Schedule B in the order of its priority;
7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment
is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured
mortgage in the named insured assignee free and clear of al1liens.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the
insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations,
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In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory,
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Issued by:
CHICAGO TITLE COMPANY
110 West Taylor Street
San Jose, CA 95110
(408) 292 - 4212
CHICAGO TITLE INSURANCE COMPANY
By:
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EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees
or expenses which arise by reason of:
1, (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restrict-
ing, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy,
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge,
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(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 paid value for the insured mortgage or the
estate or interest insured by this policy,
4, Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of
any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated,
5, Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law,
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the
interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws,
CONDITIONS AND STIPULATIONS
1, DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights
or defenses the Company would have had against the named insured, those
who succeed to the interest of the named insured by operation of law as
distinguished from purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or corporate or
fiduciary successors. The term "insured" also includes
(i) the owner of the indebtedness secured by the insured mortgage and
each successor in ownership of the indebtedness except a successor who is
an obligor under the provisions of Section 12(c) of these Conditions and
Stipulations (reserving, however, all rights and defenses as to any successor
that the Company would have had against any predecessor insured, unless
the successor acquired the indebtedness as a purchaser for value without
knowledge of the asserted defect, lien, encumbrance, adverse claim or other
matter insured against by this policy as affecting title to the estate or interest in
the land);
(ii) any governmental agency or governmental instrumentality which is an
insurer or guarantor under an insurance contract or guaranty insuring or
guaranteeing the indebtedness secured by the insured mortgage, or any part
thereof, whether named as an insured herein or not;
(iii) the parties designated in Section 2(a) of these Conditions and Stipula-
tions.
(b) "insured claimant": an insured claiming loss or damage.
(c) "insured lender": the owner of an insured mortgage.
(d) "insured mortgage": a mortgage shown in Schedule S, the owner of
which is named as an insured in Schedule A.
(e) "knowledge" or "known": actual knowledge, not constructive knowl-
edge or notice which may be imputed to an insured by reason of the public
records as defined in this policy or any other records which impart construc-
tive notice of matters affecting the land.
(f) "land": the land described or referred to in Schedule A, and improve-
ments affixed thereto which by law constitute real property. The term "land"
does not include any property beyond the lines of the area described or
referred to in Schedule A, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways, but noth-
ing herein shall modify or limit the extent to which a right of access to and from
the land is insured by this policy.
(g) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(h) "public records": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating to
real property to purchasers for value and without knowledge.
(i) "un marketability of the title": an alleged or apparent matter affecting the
title to the land, not excluded or excepted from coverage, which would entitle a
purchaser of the estate or interest described in Schedule A or the insured
mortgage to be released from the obligation to purchase by virtue of a contrac-
tual condition requiring the delivery of marketable title.
2, CONTINUATION OF INSURANCE
(a) After Acquisition of Title by Insured Lender, If this policy insures the
owner of the indebtedness secured by the insured mortgage, the coverage of
this policy shall continue in force as of Date of Policy in favor of (i) such insured
who acquires all or any part of the estate or interest in the land by foreclosure,
trustee's sale, conveyance in lieu of foreclosure, or other legal manner which
discharges the lien of the insured mortgage; (ii) a transferee of the estate or
interest so acquired from an insured corporation, provided the transferee is
the parent or wholly-owned subsidiary of the insured corporation, and their
corporate successors by operation of law and not by purchase, subject to any
rights or defenses the Company may have against any predecessor insureds;
and (iii) any governmental agency or governmental instrumentality which
acquires all or any part of the estate or interest pursuant to a contract of
insurance or guaranty insuring or guaranteeing the indebtedness secured by
the insured mortgage.
(b) After Conveyance of Title by an Insured. The coverage of this policy
shall continue in force as of Date of Policy in favor of an insured only so long as
the insured retains an estate or interest in the land, or holds an indebtedness
secured by a purchase money mortgage given by a purchaser from the
insured, or only so long as the insured shall have liability by reason of cove-
nants of warranty made by the insured in any transfer or conveyance of the
estate or interest. This policy shall not continue in force in favor of any pur-
chaser from an insured of either (i) an estate or interest in the land, or (ii) an
indebtedness secured by a purchase money mortgage given to an insured.
(c) Amount of Insurance. The amount of insurance after the acquisition or
after the conveyance by an insured lender shall in neither event exceed the
least of:
(i) the amount of insurance stated in Schedule A;
(ii) the amount of the principal of the indebtedness secured by the insured
mortgage as of Date of Policy, interest thereon, expenses of foreclosure,
amounts advanced pursuant to the insured mortgage to assure compliance
with laws or to protect the lien of the insured mortgage prior to the time of
acquisition of the estate or interest in the land and secured thereby and
reasonable amounts expended to prevent deterioration of improvements, but
reduced by the amount of all payments made; or
(iii) the amount paid by any governmental agency or governmental instru-
mentality, if the agency or instrumentality is the insured claimant, in the acqui-
sition of the estate or interest in satisfaction of its insurance contract or guar-
anty.
3, NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
An insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to
an insured hereUl)der of any claim of title or interest which is adverse to the
title to the estate or interest or the lien of the insured mortgage, as insured, and
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.which might cause loss. or oamage for which the Company may be liable by
virtue of this policy, or (iiij if title to the estate or interest or the lien of the
.insured mortgage, as insured, is rejected as unmarketable. If prompt notice
.shall not be given to the Company, then as to that insured all liability of the
Company shall terminate with regard to the matter or matters for which prompt
notice is required; provided, however, that failure to notify the Company shall
in no case prejudice the rights of any insured under this policy unless the
Company shall be prejudiced by the failure and then only to the extent of the
prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE
(a) Upon written request by an insured and subject to the options contained
in Section 6 of these Conditions and Stipulations, the Company, at its own
cost and without unreasonable delay, shall provide for the defense of such
insured in litigation in which any third party asserts a claim adverse to the title
or interest as insured, but only as to those stated causes of action alleging a
defect, lien or encumbrance or other matter insured against by this policy. The
Company shall have the right to select counsel of its choice (subject to the
right of such insured to object for reasonable cause) to represent the insured
as to those stated causes of action and shall not be liable for and will not pay
the fees of any other counsel. The Company will not pay any fees, costs or
expenses incurred by the insured in the defense of those causes of action
which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its opinion
may be necessary or desirable to establish the title to the estate or interest or
the lien of the insured mortgage, as insured, or to prevent or reduce loss or
damage to the insured. The Company may take any appropriate action under
the terms of this policy, whether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a court of competent juris-
diction and expressly reserves the right, in its sole discretion, to appeal from
any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prose-
cute or provide for the defense of any action or proceeding, an insured shall
secure to the Company the right to so prosecute or provide defense in the
action or proceeding, and all appeals therein, and permit the Company to use,
at its option, the name of such insured for this purpose. Whenever requested
by the Company, an insured, at the Company's expense, shall give the Com-
pany all reasonable aid (i) in any action or proceeding, securing evidence,
obtaining witnesses, prosecuting or defending the action or proceeding, or
effecting settlement, and (ii) in any other lawful act which in the opinion of the
Company may be necessary or desirable to establish the title to the estate or
interest or the lien of the insured mortgage, as insured. If the Company is
prejudiced by the failure of an insured to furnish the required cooperation, the
Company's obligations to the insured under the policy shall terminate, includ-
ing any liability or obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such cooperation.
S, PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Condi-
tions and Stipulations have been provided the Company, a proof of loss or
damage signed and sworn to by the insured claimant shall be furnished to the
Company within 90 days after the insured claimant shall ascertain the facts
giving rise to the loss or damage, The proof of loss or damage shall describe
the defect in, or lien or encumbrance on the title, or other matter insured
against by this policy which constitutes the basis of loss or damage and shall
state, to the extent possible, the basis of calculating the amount of the loss or
damage. If the Company is prejudiced by the failure of an insured claimant to
provide the required proof of loss or damage, the Company's obligations to
such insured under the policy shall terminate, including any liability or obliga-
tion to defend, prosecute, or continue any litigation, with regard to the matter
or matters requiring such proof of loss or damage.
In addition, an insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company
and shall produce for examination, inspection and copying, at such reason-
able times and places as may be designated by any authorized representative
of the Company, all records, books, ledgers, checks, correspondence and
memoranda, whether bearing a date before or after Date of Policy, which
reasonably pertain to the loss or damage. Further, if requested by any author-
ized representative of the Company, the insured claimant shall grant its per-
mission, in writing, for any authorized representative of the Company to exam-
ine, inspect and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party, which reasonably
pertain to the loss or damage. All information designated as confidential by an
insured claimant provided to the Company pursuant to this Section shall not
be disclosed to others unless, in the reasonable judgment of the Company, it
is necessary in the administration of the claim. Failure of an insured claimant
to submit for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary information
from third parties as required in this paragraph, unless prohibited by law or
governmental regulation, shall terminate any liability of the Company under
this policy as to that insured for that claim.
6, OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Payor Tender Payment of the Amount of Insurance or to
Purchase the Indebtedness,
(i) to payor tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to pay; or
(ii) in case loss or damage is claimed under this policy by the owner of the
indebtedness secured by the insured mortgage, to purchase the indebted-
ness secured by the insured mortgage for the amount owing thereon together
with any costs, attorneys' fees and expenses incurred by the insured claimant
which were authorized by the Company up to the time of purchase and which
the Company is obligated to pay.
If the Company offers to purchase the indebtedness as herein provided, the
owner of the indebtedness shall transfer, assign, and convey the indebted-
ness and the insured mortgage, together with any collateral security, to the
Company upon payment therefor.
Upon the exercise by the Company of the option provided for in paragraph
a(i), all liability and obligations to the insured under this policy, other than to
make the payment required in that paragraph, shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation, and the
policy shall be surrendered to the Company for cancellation.
Upon the exercise by the Company of the option provided for in paragraph
a(ii) the Company's obligation to an insured lender under this policy for the
claimed loss or damage, other than the payment required to be made, shall '
terminate, including any liability or obligation to defend, prosecute or continue
any litigation.
(b) To Payor Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant,
(i) to payor otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which
were authorized by the Company up to the time of payment and which the
Company is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to
pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or b(ii), the Company's obligations to the insured under this
policy for the claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prose-
cute or continue any litigation.
7. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or dam-
age sustained or incurred by the insured claimant who has suffered loss or
damage by reason of matters insured against by this policy and only to the
extent herein described.
(a) The liability of the Company under this policy to an insured lender shall
not exceed the least of:
(i) the Amount of Insurance stated in Schedule A, or, if applicable, the
amount of insurance as defined in Section 2 (c) of these Conditions and
Stipulations;
(ii) the amount of the unpaid principal indebtedness secured by the
insured mortgage as limited or provided under Section 8 of these Conditions
and Stipulations or as reduced under Section 9 of these Conditions and
Stipulations, at the time the loss or damage insured against by this policy
occurs, together with interest thereon; or
(iii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the insured lender has acquired the estate or interest in the
manner described in Section 2(a) of these Conditions and Stipulations or has
conveyed the title, then the liability of the Company shall continue as set forth
in Section 7(a) of these Conditions and Stipulations.
(c) The liability of the Company under this policy to an insured owner of the
estate or interest in the land described in Schedule A shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(d) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
t>6Z;E:-~0909 11 '06e::l!40
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AO!lod S!41 ~O Jaqwnu a41 apnlOu! lIe4s Auedwo:) a41 pa4S!Um~ aq 01 paJlnbaJ
6U!l!JM U! luawalels Aue pue Auedwo:) a41 uaA!6 aq 01 paJ!nbaJ SaO!IOU 11'0'
1N3S 31::13HM 'S3::>110N '9~
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UO!S!AOJd le41 apnlOu! 01 IOU pawaap aq lIe4s AO!IOd a41 'Mel alqeO!ldde Japun
alqeaoJo~uaun JO p!leAU! Pla4 S! AO!IOd S!41 ~o UO!S!AOJd Aue luaAa a41 ul
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JO Jao!nO 6U!lep!leA JO 'AJelaJOas IUeIS!SS'o' ue 'AJelaJOas a41 'IUap!SaJd ao!^
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all!! a41 ~o JO 'a6e6lJow pamsu! a41 ~o ua!1 a41 ~o snlelS a41 ~o lno saspe 40!4M
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Aew pJeMe a41 "sa!lJed a41 uodn 6U1PU!q aq lIe4s AO!IOd ~o alea Ie pana
U! saint! a41 'pamsu! a41 ~o UO!ldo a411e 'JO apew S! UO!leJl!qJe JO~ puewap
a41 alep a41 uo pana U! saint! a41 Japun pue AO!IOd S!41 01 luensmd UO!I
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aq lIe4s OOO'OOO'~$ ~O ssaoxa U! S! aouemsul ~O lunow'o' a41 ua4M SJanew
alqeJl!qJe 11'0' "pamsu! a41 JO Auedwo:) a41 Ja41!a ~O UO!ldo a411e paleJI!qJe aq
lIe4s ssal JO OOO'OOO'~$ S! aouemsul ~O lunow'o' a41 ua4M SJanew alqeJl!qJe
11'0' .uo!le6!lqo Ja410 JO UO!S!AOJd AO!IOd e ~O 40eaJq a41 JO aouenSS! SI! 41!M UO!l
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pamsu! a41 pue Auedwo:) a41 uaaMlaq w!elO JO ASJaAOJluOO Aue '01 pallw!1
IOU aJe lnq 'apnlOU! Aew sJanew alqeJl!qJ'o' "UO!le!OOSS'o' UO!leJI!qJ'o' ueopaw'o'
a41 ~O saint! UO!leJl!qJ'o' aouemsul all!l a41 Olluensmd uO!leJl!qJe puewap
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puoq JO 'aouemsu! ~O AO!IOd Ja410 'aalueJen6 'Al!UWapu! ue ~O llnsaJ e se a6e6
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uO!loas U! paqposap J06!lqo ue Idaoxa) J06!lqo ue Aq a6e6lJow pamsu! ue
~O UO!I!S!nboe Aq paP!OAe aq IOU lIe4s UO!le60Jqns ~O 146p s,Auedwo:) a41
"AO!IOd S!41 ~O UOseaJ Aq Sl46p UO!I
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'SJ06!1qO paJnSU!-UON ISu!e6'o' S146!1::I s,Auedwoo a41 (0)
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a41 OIISOI 'AUe~! 'Iunowe a41 paaoxa lIe4S 40!4M AO!lod S!41 Aq ISu!e6e pamsu!
sasso I Aue ~O lJed le41 AIUO Aed 01 paJ!nbaJ aq lIe4S Auedwo:) a41 'pamsu!
se 'a6e6lJow pamsu! a41 ~O ua!1 a41 ~O AI!I!qeaOJo~ua JO Al!Jopd a41 JO ISaJalU!
JO alelsa a41 01 all!1 a41 01 aSJaApe ISaJalUl JO all!! ~O w!elO Aue ~o a6pa1MOU>t
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Aq pamoas ssaupalqapU! a41 ~o JaUMO a41 '5u!05aJO~ a41 5u!pUeIS41!MION
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aq lIe4s 'luaAa le41 U! 'Auedwo:) a411nq 'AO!lod S!41 P!OA IOU lIe4s pe le41
'aAoqe palels se 'IUeW!elO pamsu! a41 ~o pe Aue WOJ~ IlnsaJ Pln04S ssol ~I
.uO!paIlOO ~o SISOO pue 'ISaJalu! 'Ied!oupd Sl! paJaAOOaJ
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SI45p lie 01 'JapUal pamsu! ue 01 se (!!) pue :SSOI ~o lunowe al04M a41 01 sJeaq
luawAed s,Auedwo:) a41 40!4M uO!lJodoJd a41 U! sa!pawaJ pue S145p lie 01
'JaUMO pamsu! ue 01 se (1) pale50Jqns aq lIe4s Auedwo:) a41 'lueW!eIO pamsu!
tll8 .ON WJOo! JapJoatj
a41 ~o SSOI a41 JaAOO Alln~ IOU saop w!elo e ~o lunoooe uo luawAed e II
"sa!pawaJ JO Sl451"
asa41 6U!AIOAU! UO!le6!1!1 JO uo!peSUeJl Aue U! IUew!elo pamsu! a41 ~o aweu.
a41 asn 01 pue IUew!elo pamsu! a41 ~o aweu a41 U! amas JO as!woJdwoo 'ans
01 Auedwo:) a411!wJad lIe4s IUew!elO pamsu! a41 'uo!le50Jqns ~o 1451J S!41
pajJad 01 JapJo U! AJeSSaOau AlJadoJd JO uosJad Aue ISu!e5e sa!pawaJ pue
S145p lie Auedwo:) a41 01 Ja~SUeJllle4s IUew!elO pamsu! a41 'Auedwo:) a41
Aq palSanbaJ ~I "panss! uaaq IOU AO!lod S!41 pe4 w!elo a41 01 padsaJ U! AlJadoJd
JO uosJad Aue ISu!e5e pe4 aAe4 PlnoM IUew!elo pamsu! a41 40!4M sa!pawaJ
pue Sl46p lie 01 pall!lua aq pue 01 pale50Jqns aq lIe4s Auedwo:) a41
.luew!eIO pamsu! a41 ~O
pe Aue Aq papaneun Auedwo:) a41 U! IsaA lIe4s uO!le50Jqns ~O 145p lie 'AO!lod
S!41 Japun w!elO e Pled pue pamas aAe4 lIe4s Auedwo:) a41 JaAaua4M
'uO!le60Jqns 10 146!1::I s,Auedwo::> 841 (e)
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.JaijeaJa41 sAep 08 U!41!M alqeAed aq lIe4s
a5ewep JO SSOI a41 'SUO!lelnd!IS pue SUO!l!PUO:) asa41 41!M aouepJoooe ul
pax!~ AlallU!~ap uaaq se4 a5ewep JO ssol ~o lualxa a41 pue Al!I!qe!l ua4M (q)
.Auedwo:)
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40!4M U! 'paAOJISap JO Isol uaaq se4 AO!lod a41 ssalun luawAed a41 ~o luaw
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SSOl:101N3WA'o'd 'H
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a41 ~o uo!pe~S!leS U! ISaJaIU! JO alelsa pies 01 all!l saJ!nboe pamsu! 40ns
ssalun 'JapUal pamsu! ue 01 Aldde IOU lIe4s UO!paS S!41 ~o SUO!s!AOJd a41
'JaUMO pamsu! a41 01 A0110d S!41 Japun luawAed e pawaap
aq lIe4s pied os lunowe a41 pue "0' alnpa40S U! 01 paJJa~aJ JO paqposap
ISaJaIU! JO alelsa a41 uo ua!l JO a5Je40 e S! 40!4M pue pamsu! ue Aq paino
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a4140!4M 01 JO 8 alnpa40s U! ua>tel S! UO!ldaoxa 40!4M 01 a5e5lJow e 5upnsuI
AO!IOd Aue Japun Aed Aew Auedwo:) a41 lunowe Aue Aq paonpaJ aq lIe4s
AO!lod S!41 Japun aouemsul ~o lunowe a411e41 pOOISJapun AISSaJdxa S! II
3^11'o'lnWn::>NON Al1l18'o'1l 'O~
"SUO!l
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pamsu! ue 01 Auedwo:) a41 ~O Al!I!qe!llle aleU!WJallle4s a5e5lJow pamsul a41
~O asealaJ JO uo!pe~S!leS AJelunlOA a41 JO uosJad Aue Aq IIn~ ulluawAed (0)
.'0' alnpa40S U! palelS aouemsul ~O lunow'o' a41 ue41 JaleaJ5 aq aoue
-msu! ~O lunowe a4111e4s luaAa ou U! pap!AoJd 'UOaJa41ISaJaIUI 41!M 'AqaJa41
pamoas pue a5e5lJow pamsu! a41 ~O ua!l a41 palOJd 01 apew saoueApe
pue ISaJaIU! 5u!nJooe Aq paseaJOu! aq JaijeaJa41 Aew aouemsul ~O lunowe
a41 "OIUel OJd aouemsu! ~O lunowe a41 aonpaJ lIe4s 'aSealaJ JO uo!pe~S!leS
'luawAed a4110 lualxa a41 01 'a5e5lJOw pamsu! a4110 asealaJ JO uo!pe~S!leS
lellJed AJelunlOA Aue JO 'a5e5lJow pamsu! a41 Aq pamoas uO!le5!1qo Ja410 Aue
JO 'ssaupalqapu! a41 ~O led!oupd a41 ~O uosJad Aue Aq lJed U! luawAed (q)
.a5e5lJow
pamsul a41 Aq pamoas ssaupalqapU! a41 ~O lunowe a41 aonpaJ sluawAed
a411e411ualxa a41 Olldaoxa pamsu! 40ns Aue 01 se AO!lod S!41 Japun papJOne
aouemsu! a41 ~O lunowe a41 Oluel OJd aonpaJ IOU lIe4s SUO!lelnd!IS pue
SUO!I!PUO:) asa41 ~O (e)c: Uo!pas U! pap!AoJd se ISaJaIU! JO alelsa a41 01 all!1 ~O
UO!I!S!nboe a41 01 Jopd apew sluawAed Aue 'JapUal pamsu! ue 01 se 'JaAaMOH
"OIUel OJd aouemsu! a4110 lunowe a41 aonpaJ lIe4s 'sasuadxa pue saa~ ,sAau
-JOlle 'SISOO JO~ apew sluawAed Idaoxa 'AO!lod S!41 Japun sluawAed 11'0' (e)
A11l 1 8'0'11
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pamsu! a41 40!4M pue a5e5lJow pamsu! a41 Aq pamoas aJaM AO!lOd ~O alea
Ie 4014M puel a41 OlluaWaAOJdw! ue ~o UO!pnJISUOO a41lJed U! JO al04M U!
5u!Oueu!~ ~O asodmd a41 JO~ AO!lOd ~o ale a olluanbasqns apew saoueApe ueol
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alqeuoSeaJ pue AqaJa41 pamoas pue a5e5lJow pamsul a41 ~O ua!l a41 palOJd
01 apew saoueApe JO~ Idaoxa AO!lOd 10 alea olluanbasqns paleaJO ssaupa
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.Auedwo:) a41 ~o luasuoo uallPM Jopd a41
In041!M l!nS JO wlelO Aue 5u!lllaS U! pamsu! a41 Aq pawnsse AI!JelunlOA AI!l!qe!l
JO~ pamsu! Aue 01 a5ewep JO ssol JO~ alqe!l aq IOU lIe4s Auedwo:) a41 (0)
'pamsu! se 'a5e5lJow pamsu! a41 ~o ua!1 a41 01 'alq
-eo!ldde~! 'JO all!! a41 01 aSJaApe 'woJ~aJa41 sleadde lie ~o UO!I!sods!p pue 'UO!l
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-wep JO SSOI JO~ Al!I!qell ou aAe4 lIe4s Auedwo:) a41 'Iuasuoo s,Auedwo:) a41
41!M JO Auedwo:) a41 Aq uO!le5!1!I 5u!pnIOU! 'UO!le5!1!I Aue ~O luaAa a41 ul (q)
"AqaJa41 pasneo a5ewep JO SSOI Aue JO~ alqe!l aq IOU
lIe4s pue Janew le41 01 padsaJ 41!M suo!le5!1qo Sl! pawJO~Jad Alln~ aAe4 lIe4s
I! 'wOJ~aJa41 sleadde Aue ~O UO!laldwoo a41 pue UO!le5!1!1 5u!pnIOU! 'p04law
Aue Aq Jauuew lua5!1!p AlqeuoSeaJ e U! 'pamsu! se lie 'a5e5lJow pamsu! a41
10 ua!1 a41 sa4s!lqelsa as!MJa410 JO 'all!1 ~o AI!I!qela>tJeWUn ~o w!elo a41 samo
JO 'puel a41 WOJ~ JO 01 ssaooe ~o 145!J e ~o >toel a41 samo JO 'aoueJqwnoua JO
ua!l 'pa~ap pa5alle a41 SaAOWaJ JO 'all!! a41 sa4s!lqelsa Auedwo:) a4111 (e)
Al1l18'o'1l :10 NOI1'o'lIWIl '8
SCHEDULE A
Order No: 848650
POLICY NO. :
Premium: $2,339.00
848650
Amount of Insurance: $785,999.00
Date of policy: March 21, 2001
at 8:00 A.M.
1. Name of Insured:
City of Gilroy
2. The estate or interest in the land described herein and which is covered
by this policy is:
A FEE as to PARCEL ONE and an EASEMENT as to PARCEL TWO
3. The estate or interest referred to herein is at Date of policy vested in:
City of Gilroy
4. The land referred to in this policy is situated in the State of California,
County of SANTA CLARA and described as follows:
SEE ATTACHED DESCRIPTION
CLTAOPA
POLICY NO: 05
Page 1
848650
LEGAL DESCRIPTION
All that certain Real Property in the City of Gilroy, County of Santa Clara, State of
California, described as follows:
PARCEL ONE:
Portion of Lot C, as shown upon that certain Map entitled, "Map of the Survey & of the
Subdivision Estate of Perry Dowdy, deceased", which Map was filed for Record in the
Office of the Recorder of the County of Santa Clara, State of California, on October
17, 1900 in Book I of Maps, at Page 143, and more particularly described as follows:
Beginning at a Point in the line dividing Lots C and D of the Perry Dowdy Subdivision
hereinabove referred to, distant thereon North 89 deg. 50' West 500.90 feet from the
point of intersection of said line dividing said Lots C and D with the center line of
Morey Avenue 40 feet wide; thence along said line dividing said Lots C and D, North 89
deg. 50' West 200.00 feet; thence parallel with the center line Morey Avenue, South 4
deg. 50' West 479.90 feet; thence parallel with said line dividing said Lots C and D,
South 89 deg. 50' East 200.00 feet; thence parallel with the center line of Morey
Avenue, North 4 deg. 50' East 479.90 feet to the point of beginning.
PARCEL TWO:
A non-exclusive easement for Road and Utility purposes in general, over, on, across and
under a strip of land 50.00 feet in width, the Northerly line of which is described as
follows, to wit:
Beginning at the point of intersection of the westerly line of Morey Avenue, 40.00 feet
wide, with the dividing line between Lots C and D as said Avenue and Lots are shown
upon the Map of Perry Dowdy Subdivision, which said Map is of Record in the Office of
the County Recorder of the County of Santa Clara, State of California, in Book "I" of
Maps, Page 143; thence along said dividing line, North 89 deg. 50' West 480.90 feet,
more or less, to the westerly line of the Parcel of Land conveyed by Richard B.
Bilkosky, et ux, to Dunham B. Sherer, et ux, by Deed dated October 2, 1959 and recorded
October 7, 1959 in Book 45667 of Official Records, page 638, Santa Clara County
Records.
The Easterly terminus of said Easement being said Westerly line of Morey Avenue and the
Westerly terminus thereof being the said westerly line of said Parcel of land so
conveyed to Sherer.
POLICY NO:
848650
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 whch
could be ascertained by an inspection of the land or by making an 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 minings claims; (bl reservations or exceptions in patents or in Acts authorizing
the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted
under (aI, (b) or (c) are shown by the public records,
6, Any right, title, interest, estate or easements in land beyond the lines of the area specifically
described or referred to in Schedule A, 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 of
an abutting owner for access to a physically open street or highway is insured by this policy,
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 change in the dimensions or area of the land or any parcel
of which the land is or was a part, whether or not shown by the public records at Date of Policy, or the
effect of any violation of any such law, ordinance or governmental regulation, whether or not shown
by the public records at Date of Policy.
8, Rights of eminent domain or governmental rights of police power unless notice of excercise of such rights
appears in the public records,
9, Defects, liens, encumbrances, adverse claims, or other matters (a) whether or not shown by the public
records at Date of Policy, but created, caused, 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 of the insured claimant had been a purchaser or
encumbrancer for value without knowledge,
CLTAOPB
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POLICY NO:
848650
SCHEDULE B
PART II
AE 1. Taxes for the fiscal year 2001-2002, a lien not yet payable.
B 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions
of Chapter 3.5, (commencing with Section 75) of the Revenue and Taxation
Code of the State of California.
C 3. An easement affecting the portion of said land and for the purposes stated
herein, and incidental purposes,
In Favor Of:
For:
Recorded:
Maurice J. Bayers, et ux
Road and Utility Purposes in General
July 24, 1947 in Book 1441 at Page 491 Official
Records
The Northerly 50 feet of Said Land
Affects:
D 4. An easement affecting the portion of said land, the exact location thereof
cannot be ascertained of record, and for the purposes stated herein, and
incidental purposes,
In Favor Of:
For:
Recorded:
Coast Counties
Single Line of
April 8, 1950
Records
Gas and Electric Co., a Corporation
Poles
in Book 1963 at Page 377 of Official
E 5. An easement affecting the portion of said land and for the purposes stated
herein, and incidental purposes,
In Favor Of:
For:
Recorded:
william E. Robinson
Road and Utility Purposes
June 10, 1971 in Book 9366 at Page 312 Official
Records
Over a strip of land 50.00 feet in width, the
Northerly line of which is described as follows:
Affects:
F
Beginning at the point of intersection of the westerly line of Morey
Avenue, 40.00 feet wide, with the dividing line between Lots C and D as
said Avenue and Lots are shown upon the Map of Perry Dowdy Subdivision
which said Map is of Record in the Office of the County Recorder of the
County of Santa Clara, State of California, in Book "I" of Maps, at page
143; thence along said dividing line, North 89 deg. 50' West 680.90 feet to
a point in the Easterly line of the above described Parcel One and the
terminus of said Easement.
G The Easterly terminus of said Easement being the Westerly line of Santa
Teresa Blvd. formerly Morey Avenue.
H 6. An easement affecting the portion of said land and for the purposes stated
herein, and incidental purposes,
CLTAOB2
POLICY NO:
Page 2
848650
SCHEDULEB -PART II
(continued)
In Favor Of:
For:
County of Santa Clara
A right of way for ingress and egress, Public
Utilities, storm and Sanitary Sewers, Water Pipe
Lines, and Street purposes, in, under, over, through
October 27, 1975 in Book B687 at Page 115 Official
Records
As follows:
Recorded:
Affects:
I
A strip of land 50 feet in width being a portion of that certain Parcel of
Land described as Parcel One in that joint Tenancy Grant Deed, Parades to
Doan et ux, as said Deed is recorded in Book B468 Official Records, Page
382, Office of the Recorder, County of Santa Clara, State of California,.
The most Northerly line of said 50 Foot Strip being more particularly
described as follows:
Beginning at the intersection of the westerly line of Morey Avenue (as
shown 40 feet wide) with the dividing line between Lots C and D Perry Dowdy
Subdivision recorded in Book 1 of Maps, Page 143, Santa Clara County
Records, thence North 89 deg. 50' West 480.90 feet to the Northeasterly
corner of said Parcel, which is the True Point of Beginning; thence from
said True Point of Beginning North 89 deg. 50' West 200.00 feet to the
Northwesterly corner of said Parcel and the terminus of this description.
Said Document also discloses that the portion of said land hereinabove
stated is to be used for ingress and egress, public utilities, storm and
sanitary sewers, water pipe lines and street purposes by owners of other
Parcels of Land.
J 7. An irrevocable offer to dedicate an easement for public street and road
purposes affecting the portion of said land stated herein,
Executed By:
In Favor Of:
Recorded:
Ralph Doan and Betty Doan
County of Santa Clara
October 27, 1975 in Book B687 at Page 115 of Official
Records
As follows:
Affects:
A strip of land 50 feet in width being a portion of that certain Parcel of
Land described as Parcel One in that Joint Tenancy Grant Deed, Parades to
Doan et ux, as said Deed is recorded in Book B468 Official Records, page
382, Office of the Recorder, County Santa Clara, State of California. The
most Northerly line of said 50 Foot Strip being more particularly described
as follows:
Beginning at the intersection of the Westerly line of Morey Avenue (as
shown 40 feet wide) with the dividing line between Lots C and D Perry Dowdy
Subdivision recorded in Book 1 of Maps, Page 143, Santa Clara County
Records, thence North 89 deg. 50' West 480.90 feet to the Northeasterly
corner of said Parcel, which is the True point of Beginning; thence from
CLTAOB2C
POLICY NO:
Page 3
848650
SCHEDULE B - PART II
( continued)
said True Point of Beginning North 89 deg. 50' West 200.00 feet to the
Northwesterly corner of said Parcel and the terminus of this description.
Said document also disclosed that the portion of said land hereinabove
stated is to be used for ingress and egress, public utilities, storm and
sanitary sewers, water pipe lines and street purposes by owners of other
parcels of land.
K 8. An Agreement to Construct Land Development Improvements, upon the terms,
covenants and conditions therein imposed which shall be binding upon and
inure to the benefit of the successors in interest,
Executed By:
Recorded:
County of Santa Clara and Ralph Doan and Betty Doan
october 27, 1975 in Book B687 at Page 167 of Official
Records
N 9. The fact that said land lies within a proposed Special Assessment District
named below which may become payable with the County Taxes
Assessment District: Community Facilities District No. 1 (Emergency Medical
Services) City of Gilroy
AF vwjcg
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