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Williamson Act - Josephine Hoey - Certificate of Tentative CancellationWhen recorded return to: City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 Attention: City Clerk APN: 810 -20 -004 DOCUMENT: 22818465 !111111111111 r�;, .e Pages: REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Grantor SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY CERTIFICATE OF TENTATIVE CANCELLATION This is the certify that: RDE # 001 12/31/2014 2 :58 PM 1. Anthony Luna, on behalf of the Survivors Trust of Jess V. Arias and Josephine Arias Revocable Trust has petitioned the City of Gilroy ( "City ") to cancel a land conservation contract, also known as Williamson Act Contract No. 68 -128 ( "the Contract "), that was entered into on February 28, 1969, between Josephine Sophie Hoey, as the landowner, and the County of Santa Clara, pursuant to the California Land Conservation Act of 1965 (the "Williamson Act "). The contract was recorded against real property located within the County of Santa Clara, City of Gilroy, California, having APN 810 -20 -004 and further described in Exhibit "A" hereto ( "the Property"), on February 28, 1969 in Book 8451, page 78 of Santa Clara County Official Records. 2. The City Council of the City of Gilroy granted tentative approval of cancellation of the Contract on December 1, 2014, as set forth in Resolution No. 2014 -61. 3. A certificate of cancellation of the Contract will be issued and recorded against the Property upon the full satisfaction of the following conditions and contingencies: i. The cancellation fee ( "Cancellation Fee ") determined by the City in accordance with section 51283 of the Government Code and set forth in Resolution No. 2014 -61 has been paid in full; and ii. The owner of the Property shall grant to the City of Gilroy an indemnity, to the satisfaction of the City Attorney, agreeing to defend with counsel of the City's choice, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City, its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul any tentative or final approval of the cancellation of the Contract made by the City, its City Council, Planning Commission, agents, officers, or employees. 4811-6123-8816v2 JH104706089 iii. The landowner must obtain all necessary permits to commence the project. The property owner has already satisfied this condition. 4. Unless the Cancellation Fee is paid in full or a certification of cancellation of contract is issued within one year from the date of the recording of this Certificate of Tentative Cancellation, the Cancellation Fee shall be recomputed as of the date of the notice described in section 51283.4(b) or the date the owner of the Property requests a re- computation. 2014. CERTIFICATION I certify that the foregoing is true and correct. Executed on this 2nd daxof December, City City of Gilroy -2- 4811 - 6123.8816v2 JH104706089 "EXHIBIT A" LEGAL DESCRIPTION All that real property situated in the City of Gilroy, County of Santa Clara, State of California, being all of "Parcel 1" as shown on the Map filed July 29, 1971 in Book 287 of Maps, Page 24 Records of Santa Clara County, California, more particularly described as follows: Beginning at the northwest corner of said "Parcel 1 "; thence along the north line of said "Parcel 1 ", N89020'1 YE, a distance of 206.37 feet; thence along the east line of said "Parcel 1 ", S01 008'08"E, a distance of 762.55 feet; thence along the south line of said "Parcel 1 ", N86 046'14 "W, a distance of 206.97 feet; thence continuing along the south line, S72 °48'36 "W, a distance of 169.36 feet; thence continuing along the south line, S51 °36'56 "W, a distance of 362.06 feet; thence continuing along the south line, S87 037'06 "W, a distance of 196.55 feet; thence along the west line of said "Parcel 1 ", N01'07'1 9'VV, a distance of 426.06 feet; thence along the northwest line of said "Parcel 1", N88 °52'41 "E, a distance of 647.37 feet; thence along the west line of said "Parcel 1 ", N01 °08'08 "W, a distance of 592.85 feet to the Point of Beginning. Containing 8.23 acres, more or less. As shown on "Exhibit B ", attached hereto and made a part hereof. END OF DESCRIPTION. This description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. c� 8 Az I /Z tX �5`°NA& ILA; y Br�in Pierce, PLS 8859 Date BRYAN `gyp Expires: 12/31 /2015 * PIERCE No. 6859 IPA \� 9��OF CA0 0 ENTERPRISE: REI 8 LLC 125 ( 505 -M -a ) HOEY 783 -45 -044 PARCEL l FOUND 1" IP NO TAG(R1) FOUND 1" EP NO TAG(R1) (825 -M -33) BASIS OF BEARINGS 783 -04 -021 POB N89'20'13 "E 1238.70'(M- M)(RI) I 1 I 1 Iz t H OEY ° PARCEL 2 lo°o_ lz 1� t 810 -20 -019 1t Id SYNGEWA I:LOWERS INC. 100_ Ol Ico I� icy) 1 IIV 1 Icn N88'52'41 "E 647_37' I ARIAS I z PARCEL 1 o (287 -M -24) L3 1� 810 -20 -004 - -- 8.23 Aft H OEY PARCEL 3 1� (327 -M -12) 4j�i' 810 -20 -020 Lizi- � _� "EXHIBIT B" BEING ALL OF PARCEL 1, AS SHOWN ON THE MAP FILED JULY 29, 1971 IN BOOK 287 OF MAPS, PAGE 24 RECORDS OF SANTA CLARA COUNTY, CALIFORNIA GILROY, CALIFORNIA ROB (250-M-21) 810 -20 -005 NAL lgN�s\ O o a BRYAN # PIERCE 0 (A. No. 8859 SCR CALIFCP� BASIS OF BEARINGS THE BEARING OF N89'20'13 "E BETWEEN FOUND MONUMENTS ALONG THE NORTH LINE OF HECKER PASS HIGHWAY AS SHOWN ON THE PARCEL MAP FILED SEPTEMBER 10, 2008 IN BOOK 827 OF MAPS, AT PAGES 12 AND 13, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS MAP. LINE TABLE L EGEND - - -- BOUNDARY LINE — - CENTERLINE 196.55' EXISTING LOT LINE - TIELINE POB POINT OF BEGINNING (R1) PARCEL MAP 827 -M -12 0 _ 250 500 SCALE IN FEET: 1 "= 250' "EXHIBIT B" BEING ALL OF PARCEL 1, AS SHOWN ON THE MAP FILED JULY 29, 1971 IN BOOK 287 OF MAPS, PAGE 24 RECORDS OF SANTA CLARA COUNTY, CALIFORNIA GILROY, CALIFORNIA ROB (250-M-21) 810 -20 -005 NAL lgN�s\ O o a BRYAN # PIERCE 0 (A. No. 8859 SCR CALIFCP� BASIS OF BEARINGS THE BEARING OF N89'20'13 "E BETWEEN FOUND MONUMENTS ALONG THE NORTH LINE OF HECKER PASS HIGHWAY AS SHOWN ON THE PARCEL MAP FILED SEPTEMBER 10, 2008 IN BOOK 827 OF MAPS, AT PAGES 12 AND 13, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS MAP. LINE TABLE LINE BEARING DIST L1 N87'37'06 "E 196.55' L2 N72'48'36 "E 169.36' L3 N86'46'14 "W 206.97' L4 N89'20'13 "E 1% 11 RUGGERI- JENSEN -AZAR ENGINEERS ■ PLANNERS • SURVEYORS 8055 CANINO ARROYO GILROY. CA 95;120 PlIONE (409) 84a —omr, FAX (408) 848 -03 {;2 SCALE: DATE: JOB NO.: 1 "= 250' 08/20/2014 1 994001 -25001 Project: Arias Wednesday August 20, 2014 Description: Boundary- 994001 -25001 Number of Lots: 1 Report Created by: RJA Gilroy Northing Easting Direction Distance Bndy 1 Courses: 9 1828732.7618 6236429.8199 N 89'20'12.87" E 206.3700' 1828735.1501 6236636.1761 S 01'08'07.78" E 762.5521' 1827972.7477 6236651.2874 N 86 °46'13.98" W 206.9700' 1827984.4073 6236444.6461 S 72 °48'36.02" W 169.3600' 1827934.3544 6236282.8514 S 51'36'56.02" W 362.0600' 1827709.5387 6235999.0463 S 87 °37'06.02" W 196.5500' 1827701.3709 6235802.6661 N 01 °07'18.98" W 426.0600' 1828127.3492 6235794.3237 N 88 °52'41.02" E 647.3688' 1828140.0249 6236441.5684 N 01'08'07.78" W 592.8533' 1828732.7618 6236429.8199 Perimeter: 3570.14 Area: 358294.78 Sq. Ft., 8.225 Acres Error of Closure: S 49'22'15" E 0.000' Error North: -0.000 Error East: 0.000 Precision: 1 in 16032694 �SSI7 -�,.0 a � G a► P %'4'v pm N N . RFgcE o ?� j j8s9 20 \CAL FO �\� CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of 56(1' Gdro, CAVIL CODE § 1189 On DeCember 2,Z01 before me, S0 Ind no E. No ya , / lal;it u Akkc Date Here Insert Name and Title of the Offficer personally appeared n G rm l S Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personJta'j whose namek6) is /a+6 subscribed to the within instrument and acknowledged to me that pct /she /tlall!ry executed the same in j;tiVher/tWir authorized capacity), and that by / - /her /ter signatureA on the instrument the persons), or the entity upon behalf of which the person,W acted, executed the instrument. SANDRA E. NAVA Commission s 2086119 IL I certify under PENALTY OF PERJURY under the Notary Public - COMMA laws of the State of California that the foregoing Sao Cap — Counly 4It paragraph is true and correct. mow- w�_� r..�ar� r... � • y.� WITNESS my hand and official seal. Signature: ,�'I�'�Q/ /ZavA/ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document (� Title or Type of Document: C, &r- 1 i Ca+j 14 T.eo �-a Fi yc CA►ACe_ 1 14i orl Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER to • Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 0 2010 National Notary Association - NationalNotary.org - 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907