Construct Land Development Improvements - Filice, J. and Sons - No. 84-19 - Amendment
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RECORDING REQUESTED BY AND
AND WHEN RECORDED, RETURN TO:
I III ~ 1111111111I1
_0013561452-
Fees . No Fees
Taxes
Copies
AMT PAID
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Val ley Title Company
ROE ** 007
12/26/1996
800 AM
Attn: City Administrator
AMENDMENT TO AGREEMENT BY OWNER OR
HIS SUCCESSORS-IN-INTEREST TO CONSTRUCT
LAND DEVELOPMENT IMPROVEMENTS NO. 84-19
This is an Amendment to that certain Agreement by Owner or His
Successors-In-Interest to construct Land Development Improvements
by and between the CITY OF GILROY, a Municipal Corporation
("Gilroy") and J. FILICE AND SONS, LTD., a California limited
partnership ("Owner").
RECITALS
A. Owner is the owner of that certain real property commonly
known as Assessor's Parcel No. 835-040-054 and more particularly
described on Exhibit "A" attached hereto (the "Property").
B. City and Owner entered into a certain Agreement by Owner
or His Successors-In-Interest to Construct Land Development
Improvements No. 84-19, recorded in the Official Records of Santa
Clara County, California, as Document 8209157, at Book I938,
Page 75 (the "Agreement"). Owner and the Property are subject to
the terms of the Agreement.
C. City is currently negotiating with Owner for the
acquisition of a portion of the Property, for the purpose of
constructing certain public improvements thereon, which portion is
more particularly described on Exhibit "B" attached hereto
("Parcel A"). The portion of the Property which shall continue to
be owned by Owner following the acquisition by the city of Parcel A
is referred to in this Agreement as the "Remainder Parcel."
D. The parties desire to set forth in writing their
agreement as to the effect of the acquisition of Parcel A by the
City as it relates to the Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the receipt of
which is hereby acknowledged, the parties agree as follows:
1. Upon acquisition of Parcel A by the city, any and all
Obligations and liabilities attributable to or attaching to
Parcel A prior to such acquisition by city shall automatically and
immediately be deemed obligations and liabilities attaching to the
Remainder Parcel and shall be the obligations and liabilities of
\042\ 188207.1
51-042404706019
-1-
Owner as the owner and developer of the Remainder Parcel. without
limiting the foregoing, the City shall not succeed to any of the
obligations or liabilities imposed on Owner by the Agreement as it
relates to Parcel A, and in no event shall City be required to
participate on a pro rata basis in the cost of the improvements to
be installed pursuant to the Agreement. The pro rata share of
costs attributable to Parcel A shall, upon transfer of Parcel A to
City, be an obligation attaching to and binding on Owner and the
Remainder Parcel.
2. Except to the extent modified by the terms of this
Amendment, the Agreement shall remain unchanged and in full force
and effect. In the event of any conflict between the terms of this
Amendment and the Agreement, this Amendment shall control.
GILROY,
a
municipal
Dated:
I ;LIt ~ h (...
Dated: 2::ff,~ /1CJi:,
APPROVED AS TO FORM:
Cit~ ~
J. FILICE AND SONS, LTD.,
a California limited partnership
Dated:
S--7- f"
By ~'~t 4- i!';
nn S. 1 e
By "-
o
s Gen~ral Partner
BY-~ ~, ~-u/
r an . treno
Its General Partner
\042\ 188207.1
51-042404706019
-2-
STATE OF CAUFORNIA
COUN1Y OF SANTA CLARA
On May 1, 1996
appeared Joseph A. Filice
} D.
before me,
Loretta Jepsen, personally
o 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 his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
r,~~dlORrn~~
I.. Comm. # 984334
:.? , ." . NOTARY PUBlIC - CAlJOANIA
" ,.nt.; 0Ilr. eo..r.., :II
~,. .Itt~~~~
STATE OF CAUFORNIA
COUN1Y OF SANTA CLARA
WITNESS my hand and official seal.
~~~
GNATURE OF NOT Y
} D.
K. MARCELINO
, personally
On
appeared
May 6, 1996 before me,
JOHN S. FILICE
D personally known to me -OR-lKl 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 his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
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\042\ 188207.1
51-042404706019
WITNESS my hand and official seal.
'Y'~~L,~~
SIGNATURE OF NOTARY
-3-
CAPACITY CLAIMED BY SIGNER
Though statule does not require the
Notary to fill in the data below, doing so
may prove invaluable 10 persons relying on
the document.
D INDIVIDUAL
DCORPORAlE OFFICER(S)
TItle(s)
DPARTNER(s) DUMITED
D GENERAL
DATIORNEY-IN,FACf
D lRUSlEE(S)
D GUARDIAN/CONSERVATOR
DOrnER:
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
CAPACITY CLAIMED BY SIGNER
Though statute does not require Ihe
Notary to fill in the data below, doing so
may prove invaluable to persons relying on
the document.
D INDIVIDUAL
DCORPORAlE OFFICER(S)
TIlle(s)
DPARTNER(s) DUMITED
D GENERAL
D ATIORNEY-IN-FACf
DlRUSlEE(S)
o GUARDIAN/CONSERVATOR
DornER:
SIGNER IS REPRESENTING:
Name of Person(s) or Enlity(ies)
STATE OF CAIJFORNIA
COUNlY OF SANTA CLARA
On May 7, 1996
appeared ORLAND D. ERENO
} IS.
before me,
K. MARCELINO
, personally
o 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 his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
gY,;~~~.....K~~~~CE.UN.O.....~
~ :,::".';(..:,;" COMM. #1084069
2 ~,:,- '- , "', ',: NOTMW PU811C-CAllFORNIA s:
~ ";;:'(:~;J):! SANTA CLARA COUNTY 0
"~-';;" My Comm. Expires Jan. 21. 2000...&.
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\042\ 188207.1
51-042404706019
m~
SIGNATURE OF NOTARY
-4-
CAPACITY a.AIMED BY SIGNER
Though statule does not require the
Notary to fill in the data below. doing so
may prove invaluable to persons relying on
Ihe document.
o INDIVIDUAL
o CORPORATE OFFICER(S)
Tille(s)
DpARTNER(s) o LIMITED
o GENERAL
DATIORNEY,IN-FACf
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
DornER:
SIGNER IS REPRESENTING:
Name of Person(s) or Enlity(ies)
THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
SANTA CLARA, CITY OF GILROY, AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
PCL. -C-, as shown on that certain parcel Map filed for record in the
Office of the Recorder of the county of santa Clara, state of california
on September 18, 1984 in Book 534 of Maps, at page 9.
PARCEL TWO:
A non-exclusive easement for ingress and egress over, on and across
the fOllowing described parcel of land:
-BEGINNING at a point in the line common to parcels -B- and -C-, as
shown on the Map hereinabove referred to, distant thereon N. 650 21' 03-
E. 37.13 feet from the southwesterly common corner to said parcels and
running thence along said common line, N. 650 21' 03- E. 279.67 feet to
the most Northeasterly common corner to said parcels in the southwesterly
line of San ysidro Avenue; thence along said Southwesterly line, N. 240
40' 43- W. 30.00 feet; thence leaving said line, S. 650 21' 03- W. 24.00
feet; thence S. 500 52' W. 22.67 feet; thence parallel with the line
common to parcels -B- and -C-, S. 650 21' 038 W. 208.71 feet; thence N.
240 38' 578 W. 125.67 feet to a point in the line common to parcels -A-
and 8B8, as shown on said Map; thence along said common line, S. 650 21'
03- W. 25.00 feet to a point from which the Southwesterly common corner
to said parcels bears S. 650 21' 038 W. 43.78 feet; thence leaving said
common line, S. 240 8' 57- E. 150.00 feet to the point of beginning-.
Exhibit "A"
Page 1 of 1
PLAT TO ACCOMPANY 'THE
LEGAL DESCRIPTION FOR A
R/W DEDICATION FOR PUBLIC
STREET PURPOSES
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CITY -OF GILROY
Exhibit "B"
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Paqe 1 of 4
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2' WIDE FEE TAKE PARCEL (205507-A) DENNY'S - CITY PARCEL 1
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF GILROY, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTIOB OF PARCEL "C" AS
SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD ON SEPTEMBER 18,
1984 IN BOOK 534 OF MAPS, AT PAGE 9, MORE PARTICOLARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL "C", ALSO
BEING IN THE WESTERLY RIGHT-OF-WAY LINE OF SAN YSIDRO AVENUE (35.00
FEET TO CENTERLINE) AS SHOWN ON SAID PARCEL HAP; THENCE ALONG LAST
SAID LINE SOUTH 24. 41' 48" EAST 201.58 FEET; THENCE SOtJTH 650 18'
12" WEST 2.00 FEET; THENCE NORTH 24. 41' 48" WEST 201.58 FEET TO
THE LINE COMMON TO PARCEL "B" AND PARCEL "C" OF SAID HAP; THENCE
ALONG LAST SAID LINE NORTH 65. 19' 58" EAST 2.00 FEET TO THE POINT
OF BEGINNING.
CONTAINING 403 .16 SQUARE FEET OR O. 0093 ACRES, MORE OR LESS.
THl:S LEGAL DESCRIPTION OF REAL PROPERTY WAS PREPARED BY ME IN
CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND
SURVEYORS' ACT.
Q1icd:~
LICENSE EXPIRES 6/30/96
.
Exhibit "B"
Page 2 of 4
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GREINER PLAT TO ACCOMPANY THE
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STREET PURPOSES
NOV. 199.3
CITY OF GILROY
SCALE: 1.=40'
Exhibit "B"
Page 3 of 4
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FEE TAKE - DENNY'S STATE PARCEL 2 (205507-AA)
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF GILROY, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL "C" AS
SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD ON SEPTEMBER 18,
1984 IN BOOK 534 OF MAPS, AT PAGE 9, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL "C", ALSO
BEING IN THE WESTERLY RIGHT-OF-WAY LINE OF SAN YSIDRO AVENUE (35.00
FEET TO CENTERLINE) AS SHOWN ON SAID PARCEL MAP; THENCE ALONG LAST
SAID LINE SOUTH 240 41' 48" EAST 201.58 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG LAST SAID LINE SOUTH 240 41' 48"
EAST 3.21 FEET TO A POINT OF CURVATURE; THENCE ALONG A TANGENT
CURVE TO THE RIGHT WITH A RADIUS OF 30.00 FEET THROUGH A CENTRAL
ANGLE OF 1000 39' 47", AN ARC LENGTH OF 52.71 FEET TO THE NORTHERLY
LINE OF STATE HIGHWAY NO. 152 (LEAVESLEY ROAD); THENCE ALONG LAST
LINE SOUTH 750 57' 59" WEST 14.27 FEET TO A POINT OF CUSP; THENCE
ALONG A TANGENT CURVE TO THE LEFT WHOSE RADIUS BEARS NORTH 140 02'
01" WEST 40.00 FEET THROUGH A CENTRAL ANGLE OF 500 19' 54", AN ARC
LENGTH OF 35.14 FEET; THENCE NORTH 250 38' OS" EAST 9.62 FEET TO
A POINT OF CURVATURE; THENCE ALONG A TANGENT CURVE TO THE LEFT
WHOSE RADIUS BEARS NORTH 640 21' 55" WEST 20.00 FEET THROOGH A
CENTRAL ANGLE OF 500 19' 53", AN ARC LENGTH OF 17.57 FEET; THENCE
NORTH 650 18' 12" EAST 2. 00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 275.86 SQUARE FEET OR 0.0063 ACRES, MORE OR LESS.
THIS LEGAL DESCRIPTION OF REAL PROPERTY WAS PREPARED BY ME IN
CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND
SURVEYORS' ACT.
~~<d~66
LICENSE EXPIRES 6/30/96
Exhibit "B"
Page 4 of 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
Santa Clara
On December 16. 1996
Date
before me, Patricia K. Bentson
Name and Tolle of Officer (e,g" "Jane Doe, Notary Public")
personallyappeared Jay Baksa, City Administrator and Donald F. Gage, Mayor
Name(s) of Signer(s)
Dpersonally known to me - OR - 0 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 his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
t @~ -.:'..~ · :A':':;';';; - . t
$ . "';-.' :t, ~ COMM. # 1059071 i
Z : -. Notary P\bIIc - California ~
I ' SANTA CLARA COUNTV ...
,. ~ ~ ~~C~:'~":U~9~1~ J
WITNESS my hand and official seal.
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
AMENDMENT TO AGREEMENT BY OWNER OR HIS SUCCESSORS-IN-INTERES
Title or Type of Document: TO CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS NO. 84-19
Document Date: December 16, 1996
Number of Pages: 9
, Susanne E. Steinmetz, City Clerk, John S. Filice,
Slgner(s) Other Than Named Above: JO!leph A Pilice al dOl J. D E A d
.1 . .L 1: 0.11 . Lt::IlU, Il Lew
C 'ty(") CI' d b S' F$l:b)er, City Attorney; and notaries Loretta Jepsen
apacl les alme y Igner\S and K. Marcelino
Signer's Name: JAY BAKSA
Signer's Name: DONALD F. GAGE
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
Q Other Top of thumb here
'*' : Mayor
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
xx Other: (';ry Ailm;n;c::rr;:,r,-,r Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
City of Gilroy
City of Gilroy
ClI994 National Notary Association. 8236 Remmel Ave" P,O, Box 7184" Canoga Park, CA 91309.7184
Prod, No, 5907
Reorder: Call ToU,Free 1,800-876-6827