American Trust Company et al
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FILt:D FOR RECORlJ
AT REQUEST OF
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#484
WILSON, HARZFELD, JONES & MORTON
Attorneys at Law
630 North San Mateo Drive
San Mateo, California
Telephone: 342-3523
.IAN 7 "S8 AM 1965
OfFICIAL RtCOROS
SANTA CLARA COUNTY
PAUL R. TEILH
RECORDER
Attorneys for Plaintiff.
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
CITY OF GILROY, a public corporation,
Plaint iff,
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LIS PENDENS
163378
No:
vs.
AMERICAN TRUST COMPANY, a corporation,
PASQUALE FILICE, LOUISE FILICE, WILLIAM
F. HALL, EDITH HALL, THOMAS A. LARKIN,
JOHN D. MALSBURY, FIRST DOE through
TENTH DOE, inclusive, FIRST DOE CORPORA-
TION through TENTH DOE CORPORATION,
inclusive,
Defendants.
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ACTION IN EMINENT DOMAIN
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Opea Form July 1962
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LIS PENDENS
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ACTION IN EMINENT DOMAIN
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NOTICE IS HEREBY GIVEN that an action has been commenced in
the Superior Court of the State of California) in and for the County
named above, by the above-named plaintiff, against the above-named
defendants, to condemn and acquire for a public use the following:
tee 81.,le t11le 1n and to Pareel. A. B and C, .. ..... partloularl;y
de.or1bed 1n Exhlb1t "A", attaohe. hento, and by thl. NtenDOe _de
a part heN.t, tel' ott-.tnet .otor vehlole park1ns tael11tle. and
. work auxl1la17 thento.
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Dated:
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WILSON, HARZFELD, JONES & MORTON
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By
Ir;Ut' F 1\/~V'H
..n./'l 'd i ....00 l.. j, .\.1
John E. Lynch
Attorneys for Plaintiff
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EXHIBIT llA"
All that certain real property situate in the City of Gilroy,
County of Santa Clara; State of California, and more particularly
described as follows:
Parcel A
A portion of Lots 5 and 7, in Block 2 North, Range 1 West,
as shown upon that certain map entitled, llMAP NO.5, ACCOMPANYING
REPORT OF THE COMMISSIONERS IN HENRY MILLER, ET AL, PLAINTIFF, YS,
MASSEY THOMAS, ET AL, DEFENDANTS, IN THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA, CASE NUMBER 5536",
being more particularly described as follows:
Beginning at a point in the Westerly line of a 16 foot alley
distant thereon 277.40 feet Southerly of the point of intersection of
said Alley with the Southerly line of Fourth Street, said point of
beginning also being the most Easterly corner of the parcel of land
described in the Deed from Herbert Eo Robinson, et ux, to Lou Wickner,
dated January 19, 1928 and recorded February 1, 1928 in Book 370 of
Official Records, page 517; thence along the lines of said parcel of
land Westerly, at right angles, 22.50 feet and Southerly, at right
angles; 26 feet, to a corner of said parcel of land; thence Easterly
at right angles and parallel with said lines of Fourth street, 22.50
feet to said Westerly line of said 16 foot Alley; thence Northerly
along said last mentioned line, 26 feet to the point of beginning.
Parcel B
A portion of Lot 7, in Block 1 North, Range 1 west, as shown
on "MAP NO.. 5 ACCOMPANYING REPORT OF THE COMMISSIONERS IN HENRY MILLER,
ET AL, PLAINTIFFS, YS, MASSEY THOMAS, ET AL, DEFENDANTS, IN THE SUPERIOR
COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA,
CASE NUMBER 5536, and more particularly described as follows:
Parcel No. 1
Beginning at a point on the Easterly line of Eigleberry Street,
distant thereon Southerly 157.60 feet from the point of intersection
of the Edsterly line of Eigleberry street with the Southerly line of
Fifth Street; thence running Southerly along the Easterly line of
Eigleberry Street 60 feet; thence Easterly and parallel with Fifth
Street 140 feet to the Westerly line of an alley; thence Northerly and
along the Westerly line of said alley 60 feet; thence Westerly and
parallel with the Southerly line of Eigleberry Street 140 feet to the
point of beginning.
Parcel No. 2
Beginning at a point in the Easterly line of Eigleberry Street
distant thereon Southerly 107.70 feet from the point of intersection
of the Easterly line of Eigleberry Street with the Southerly line of
Fifth Street; thence Southerly along the Easterly line of Eigleberry
Street 49.90 feet; thence Easterly and parallel with the Southerly line
of Fifth Street 140 feet to the Westerly line of an alley; thence North-
erly and along the Westerly line of said alley, 49.90 feet to the South-
easterly corner of land conveyed by Ho Co Morey to William N. Furlong,
by deed recorded on February 14, 1887 in Book 88 of Deeds, page 309,
records of Santa Clara County, California; thence W2sterly 140 feet to
the point of beginning, and being shown on Map No. 5 as aforesaid.
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EXHIBIT "A" (continued)
'parcel C
Parcel 1
Beginning at a point on the Easterly line of Eigleberry street,
distant thereon 167 feet Northerly from the point of intersection
of the Easterly line of Eigleberry street with the Northerly line of
Fifth street; thence running Northerly and along the Easterly line
of Eigleberry street, 67.433 feet to a point distant thereon, 315,566
feet Southerly from the point of intersection of the Easterly line
of Eigleberry Street with the Southerly line of Fourth Street; thence
running at right angles Easterly and parallel with the Southerly
line of Fourth Street, 100 feet; thence running at right angles
Northerly and parallel with the Easterly line of Eigleberry Street,
12.166 feet; thence running at right angles Easterly and parallel
with the Southerly line of Fourth Street, 42 feet to a point on the
Westerly line of an alley 16 feet wide; thence running Southerly and
along the Westerly line of said alley, 80.119 feet to a point on
the Southerly line of Lot 7 in Block 2, North, Range 1 West of the
City of Gilroy, as shown on the map hereinafter referred to; thence
running Westerly and along the Southerly line of said Lot 7, 142
feet to the point of beginning, and being a portion of Lot 7 in
Block 2 North, Range 1 West of the City of Gilroy, as shown on
that certain map as fol16~s, MAP NO. 5 ACCOMPANYING THE FINAL REPORT
OF Trill REFEREES IN THE ACTION FOR PARTITION OF HENRY MILLER, ET AL,
VS. MASSEY ~.TrOMAS. E'~~ Ai. IN THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA; IN AND FOR THE COUNTY OF SANTA CLARAf CASE NUMBER 5536.
Parcel 2
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A portion of Lots 5 and 7, in Block 2 North, Range 1 West,
as shown upon Map No. 5 aforesaid, and more particularly described
as follows:
Beginning at a point in the Northeasterly line of Eig1e-
berry Street, distant thereon Southeasterly 258.40 feet from the
intersection of the Northeasterly line of Eigleberry street with the
Southeasterly line of Fourth Street; thence at right angles North-
easterly and parallel with said line of Fourth Street, 142 feet to
the Southwesterly line of an alley; thence Southeasterly and along
said line of alley, 19 feet; thence at right angles Southwesterly
22.50 feet; thence at right angles Southeasterly 26 feet; thence
at right angles Southwesterly 19.50 feet; thence at right angles
Southeasterly 12 feet and 2 inches; thence at right angles, South-
westerly 100 feet to the Northeasterly line of Eigleberry Street;
;hence Northwesterly and along said line of Eigleberry Street, 57
feet and 2 inches to the point of beginning.
Parcel_J.
A right of way over a strip of land 5 feet in width, lying
adjacent to and Northwesterly of the above described property and
extending from the Northeasterly line of Eigleberry Street to the
Southwesterly line of the alley above referred to.
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