Machado, Kenneth et al (2)
I
EXCLUSIVE EASEMENT
AFTER RECORDING, RETURN TO:
" City of Gilroy
7351 Rosanna Street
Gilroy. Ca 95021
DOCUMENT: 16172653
Titles: 1/ Pages: 8
Location: Highway 152, County of Santa Clara
Document Transfer Tax $
( )Computed on Full Value of Property Conveyed, or
( )Computed an Full Value Less liens & Encumbrances
Remaining at Time of Sale
( )Consideration of Value Less Than $100.00
Signature of declarant or agent determining tax:
Agent:
1111111111111111
lIt001617265311t
Fees. .* No Fees
Taxes.
Copies.
AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
ROE ** 011
3/22/2002
10:53 AM
GRANT OF EASEMENT
Kenneth Machado, an undivided 6154 interest; Jeanette Machado, an undivided 6154 interest; Kenneth
John Machado, II, an undivided 7/54 interest; Robert Alan Machado, an undivided 7/54 interest; and
John Bryan Machado, an undivided 7/54 interest; Terri Lynn Machado, an undivided 7/54 interest;
Cheryl Ann Machado, an undivided 7/54 interest and James Donald Machado, an undivided 7/54
interest, Grantor(s). hereby grant(s) to the City of Gilroy. a public body of the State of California. uhereafter
referred to as "Grantee(s)". an easement for drainage purposes and incidents thereto under. upon. over and
across that certain real property in the County of Santa Clara. State of California. as described on EXHIBIT uAn
attached hereto and made a part hereof and as shown and delineated on EXHIBIT uBn also attached hereto and
made a part hereof.
The legal description was prepared pursuant to Section 8730c of the Business and Professions Code.
Grantor(s) also grant(s) to Grantee(s) the right to cut. fill or otherwise change the grade of said property and to
place such drainage and retaining structures thereon. as Grantee(s) may elect for the protection of said facilities.
Grantor(s) also grant(s) the Grantee(s) the right to receive municipal service and commercial power service from
the appropriate utility company serving the area. together with the right for such utility company to place its
respective service facilities upon and within said easement.
Grantee(s) shall be responsible for damage caused intentionally or by its negligence or willful misconduct while
exercising the rights granted herein.
Grantee(s) shall indemnify and hold Grantor(s) harmless from and against damage to any property(ies) arising
out of the installation. maintenance and repair of Grantee(s) facilities in said easement. except where such
damage is caused by the active negligence or willful misconduct of Grantor(s). or Grantor's agents or
employees.
Pg. 1
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties
hereto.
Executed this
2-i?
day of :1€.- b .
,2002
"Grantors" / ~..,
.. ~ /_ ~ (\l . .~
BY:~ ~ l~~~ ?~)d~tor
Kenneth Machado
BY:~~~ /))Ladd.~
L
B~ha
BY: -K~~~
Robert Alan Mac ad
, Grantor
, Grantor
~L-
, Grantor
BY: Lr-.-. ~ ~~
/JOhn Bryan Machado
BY: JRJrJu. .~~~ MaW1io
Terri Lynn Ma hado
, Grantor
, Grantor
BY: ,-I~ -4A-l~tA.NW
Cheryl n Machado
, Grantor
Bet!f'/ ~/l'ltd<< ~t~#t/G
James Donald Machado
, Grantor
A~~
Linda Callon, City Attorney
Pg.2
27305-6
EXHIBIT A
1006-8
2/04/02
DESCRIPTION
DRAINAGE EASEMENT OVER LANDS OF MACHADO
TO BE CONVEYED TO THE CITY OF GILROY
PARCEL 27305-6
All that certain real property situate in the City of Gilroy, County of Santa Clara, State of
California being partly a portion of Lot 6 as shown on that certain map entitled" Map of
the Subdivision of the Elizabeth H. Martin Tract" which map was filed for record in
Book F of Maps at page 31 Santa Clara County records described as follows:
BEGINNING at the point of intersection of the southeasterly line of said Lot 6 with the
northerly line of Old Gilroy Road, as shown on said map; thence from said POINT OF
BEGINNING along said southeasterly line N51048'ITE 9.141 meters; thence leaving
said southeasterly line N81033'43"W 75.988 meters; thence N79002'55"W 61.259
meters; thence N80002' 14"W 95.968 meters to the TRUE POINT OF BEGINNING for
this description; thence from said TRUE POINT OF BEGINNING N80002' 14"W 15.000
meters; thence, at right angles, N9057' 46"E 5.000 meters; thence at right angles,
S80002' 14"E 15.000 meters; thence at right angles, S9057'46"W 5.000 meters to the
TRUE POINT OF BEGINNING.
Containing 75.0 square meters, more or less.
Bearings and distances used in the above description are on the California Coordinate
System of 1983, Zone 3, Epoch 1991.35. Multiply distances shown by 1.0000101 to
obtain ground level distances. Multiply by 3937/1200 to convert to U.S. Survey Feet.
Prepared by the firm of
Dillon Surveys
Hollister, California
]:::'j ~JZ by me or under my dirw :::s::
licensed land surveyor
K:\SutOOIOORT 152\Dwg\Descriptions&Plats\27305\27305-6.doc
Last printed 2/412002 12: IS PM
CoordInat... be<<tnll8 and dl.tanC8ll Ihown are
an u.. California Co<<dlnGte .)'Itom of 1983.
Zone 3. Epodl 1891.35. llultlply dlItanceI
..own by 1.0000101 to obtain ground level
dlItonCM. To con.wt metrlc dlatan... to U.
S. Surw . feet mul b 3937 200.
~ cP .r---7
E68J OR. 232
841-18-42
MACHADO
MAP OF THE SUBDJY510N OF THE
ELlZABEll-l H. MARTIN TRACT
F MAPS 3J
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PLAT TO ACCOMPANY DESCRIPTION
DRAINAGE EASEMENT
OVER LANDS OF MACHADO. ET AI..
TO BE CON~ TO lHE CITY OF GILROY
PARCEL NO. 27305-6
CAUFORNIA
GILROY
DILLON SURVEYS
0 10 - to 10
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. 40 10 rar 110 110 ZOO
SCALE
DAm 1
1Co\SUROO\llllllT ~TS\27305\2730S- 02104/2002 1212442 PM PST
STATE OF CALIFORNIA
C~Unty of Santa Clara
<;:-,,,-)-.,. r v...: r~1 ~ y
On '3~I'r.J~'f..,-e ;t'tACI4A-OJ ,2002 before me, the undersigned Notary Public, personally appeared
'<'1'11/,01..1 k \M..a.Ckti.av j (5 r , Truatee personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/ they executed the same in hislher/their authorized capacity(ies), and that by
hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
ALL PURPOSE ACKNOWLEDGMENT
~~-~-~~:~----f
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~ Notary PublIc - CdramIII I
) S8n1l1 Clara Countr f
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WITNESS my hand and official seal
.-/
Notary Public i
STATE OF CALIFORNIA
County of Santa Clara
On Yehr v=: ---j ~ ,2002 before me, the undersigned Notary Public, personally appeared
de{:, ,^",+t.e VV\ c.( c L.. "'( co" , Trustee personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/ they executed the same in hislher/their authorized capacity(ies), and that by
hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
ALL PURPOSE ACKNOWLEDGMENT
~ - - - - -D;N;H;~~J; ~ I
e Cormnlalon.1297891 z
~. Notary Public. California ~
1 Santa Clara County I
MyConm. Expir8a Mar 18, 2005
----------------
WITNESS my hand and official seal
C ~~~r~~-'
STATE OF CALIFORNIA
County of Santa Clara
On "'f~''--v~ / d::it . ,2001 before me, the undersigned Notary Public, personally appeared
\<' ~ L'\. iA. f ...( t... l'\/\,Ct eke; do 111-- , Trustee personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/ they executed the same in hislher/their authorized capacity(ies), and that by
hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
ALL PURPOSE ACKNOWLEDGMENT
~ - - - - -~N;H;~~; ....,
e Comrnllsion.1297891 z
~ ~ Notary Public. California ~
1 Santa Clara County I
MyConm. EJrpiresMar18, 2005
--------------------
WITNESS my hand and official seal
./
STATE OF CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
C9tinty of Santa Clara
On ~=-lc:>r'-~J-l ~? ,2002 before me, the undersigned Notary Public, personally appeared
.:II ) ~ 11\ 6 ('1 t1 ~ vvt 0.. C l...l{ Iv , Trustee personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he!she! they executed the same in hislher/their authorized capacity(ies), and that by
hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
~"",~''''~c......-. .-. ..-. ..-. ..-. J
161 nONN H. BYRNE JR
_ Commission # 1297698
~ ~ Notary Public - California ~
~ Santa Clara County f
My CormI. Expires Mar 18, 2005
-------------------
WITNESS my hand and official seal
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Notary Public in an rcrState
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STATE OF CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
County of Santa Clara
On ~r 0-<.f'1 d.2.. ,2002 before me, the undersigned Notary Public, personally appeared
1::e I( J" I 1-.'-( V1 VI N\ oCt (ltt('d.) , Trustee, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he!she! they executed the same in hislher/their authorized capacity(ies), and that by
hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
i~- :~=~~a- I
~ W Notary Public - California ~ ~
i _ _ _ _My~';:_~~~i .~
WITNESS my hand and official seal
~)
Notary Publi:m an 0: satd State
STATE OF CALIFORNIA
County of Santa Clara
On "'F e...~ r \..J -- r; d..-:f' ,2002 before me, the undersigned Notary Public, personally appeared
C \.-.;1. Iii \ A VI 1'\ N\ 4 {fA. {.r. ~ , Trustee, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he!she! they executed the same in hislher/their authorized capacity(ies), and that by
hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
ALL PURPOSE ACKNOWLEDGMENT
WITNESS my hand and official seal
OONN H. BYRNE JR
a Commission #1297698 z
~. Notary Public - California ~
) Santa Clara County f
My Corrm. Expires Mar 18, 2005
-..-.------------~-----
Pg,4
STATE OF CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
County of Santa Clara
O~ )=' ~ r '0 -< rl ~"""l ,2002 before me, the undersigned Notary Public, personally appeared
.......'1 ~ r; s \) .) ~ A- i..-P fr1 fJ.( H A OcJ , Trustee, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/ they executed the same in hislher/their authorized capacity(ies), and that by
hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument,
J--..-..-....~........-_................
'I DONN H. BYRNE JR
- Commission 111297698 J
~ ~ Notary Public - California ~
~ Santa Clara County I
My Corrm. Expires Mar 18, 2005
------------------
WITNESS my hand and official seal
(
/~ (:-
Nolllly Public in - - :;:; sai.JI ~
STATE OF CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
County of Santa Clara
..--
f<..l.:.r- v-< ~ :;;;;;;:"'7 ..
On . ( ,2002 before me, the undersIgned Notary PublIc, personally appeared
~ A-~,...., ~,~, Trustee, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/ they executed the same in hislher/their authorized capacity(ies), and that by
hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
~ .... .... .... .... ""D;N;H~~;J; .... J
'I CommissionIl1297698
~ ~ Notary Public - California
~ Santa Clara County f
_ _ _ _My~_~_~1':~
WITNESS my hand and official seal
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fradulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE MUST BE
A TT ACHED TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or type of Document
Number of Pages_ Date of Document
Signers other than Named Above
Pg,5
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Kenneth Machado, an undivided 6/54 interest; Jeanette Machado, an undivided 6/54 interest;
Kenneth John Machado, II, an undivided 7/54 interest; Robert Alan Machado, an undivided 7/54
interest; and John Bryan Machado, an undivided 7/54 interest; Terri Lynn Machado, an undivided
7/54 interest; Cheryl Ann Machado, an undivided 7/54 interest and James Donald Machado, an
undivided 7/54 interest
This is to certify that the interest in real property conveyed by the grant of easement dated
February 28,2002 from Kenneth Machado, an undivided 6/54 interest; Jeanette Machado, an
undivided 6/54 interest; Kenneth John Machado, II, an undivided 7/54 interest; Robert Alan
Machado, an undivided 7/54 interest; and John Bryan Machado, an undivided 7/54 interest; Terri
Lynn Machado, an undivided 7/54 interest; Cheryl Ann Machado, an undivided 7/54 interest and
James Donald Machado, an undivided 7/54 interest, 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 ofGilroy 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 19, 2002.
I:\CTYCLERKIFORMS\ACCEPT ANCE.DOC