24928273 - Agreement Regarding Easements - - Recorded 04/20/20217
RECORDING REQUESTED BY:
First American Title Company
WHEN RECORDED MAIL D
City Clerk
City of Gilroy City Hall
7351 Rosanna Street
Gilroy, California 9502
**This document was electronically submitted
to Santa Clara County for recording**
24928273
Regina Alcomendras
Santa Clara County - Clerk -Recorder
04/20/2021 02:38 PM
Titles: 1 Pages: 6
Fees: $40.00
Tax: $0
Total: $40.00
Space Above This Line for Recorder's Use Only
AGREEMENT REGARDING EASEMENTS
Title of Document
File No.: 0131-624458a1a (DB)
The undersigned declares that the document to which this page is affixed and made a part of is exempt from the
fee imposed by the Affordable Housing & Job Act (SB2) (GC 27388.1)
(X) Recorded [concurrently] in connection with a transfer of real property subject to the imposition of
Documentary Transfer Tax per GC 27388.1 (a) (2).
( ) Recorded [concurrently] in connection with a transfer of real property that is residential dwelling to an owner -
occupier per GC 27388.1 (a) (2).
( ) Maximum fee of $225 has been reached per GC 27388.1 (a) (1).
( ) Not related to real property GC 27388.1 (a) (1).
( ) Transfer of real property subject to the imposition of Documentary Transfer Tax - GC 27388.1 (a)(2)
( ) Transfer of real property that is a residential dwelling to an owner -occupier - GC 27388.1 (a)(2)
THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE
(SB-2; AFFORDABLE HOUSING FEE) ($3.00 Additional recording fee applies)
SIGNED IN COUNTERPART
RECORDING REQUESTED BY:
First American Title Company
WHEN RECORDED MAIL DOCUMENT TO:
City Clerk
City of Gilroy City Hall
7351 Rosanna Street
Gilroy, California 95020
Space Above This Line for Recorder's Use Only
File No.: 0131-624458a1a (DB)
AGREEMENT REGARDING EASEMENTS
Title of Document
The undersigned declares that the document to which this page is affixed and made a part of is exempt from the
fee imposed by the Affordable Housing & Job Act (SB2) (GC 27388.1)
(X) Recorded [concurrently] in connection with a transfer of real property subject to the imposition of
Documentary Transfer Tax per GC 27388.1 (a) (2).
( ) Recorded [concurrently] in connection with a transfer of real property that is residential dwelling to an owner -
occupier per GC 27388.1 (a) (2).
( ) Maximum fee of $225 has been reached per GC 27388.1 (a) (1).
( ) Not related to real property GC 27388.1 (a) (1).
( ) Transfer of real property subject to the imposition of Documentary Transfer Tax - GC 27388.1 (a)(2)
( ) Transfer of real property that is a residential dwelling to an owner -occupier - GC 27388.1 (a)(2)
THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE
(SB-2; AFFORDABLE HOUSING FEE) ($3.00 Additional recording fee applies)
SIGNED IN COUNTERPART
RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL
TO:
City Clerk
City of Gilroy City Hall
7351 Rosanna Street
Gilroy, California 95020
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
AGREEMENT REGARDING EASEMENTS
THIS AGREEMENT REGARDING EASEMENTS (this "Agreement") is made and
entered into as of April 3.OMh2021 by and between HECKER PASS NORTH LLC, a California
limited liability company ("Transferor") and LENNAR HOMES OF CALIFORNIA, INC., a
California corporation ("Transferee"). Transferor and Transferee are collectively referred to herein
as the "Parties".
RECITALS
A. Transferor owned certain real property in Gilroy, Santa Clara County, California,
located off of Hecker Pass Highway with Assessor Parcel Numbers 783-04-023 ("Parcel 3") and
783-04-024 ("Parcel 4") (collectively, the "Properties"), as described on Exhibit A attached
hereto.
B. As owner of the Properties, Transferor executed certain easement agreements with
Hoey Ranch Company, a California general partnership, for landscape maintenance,
ingress/egress, storm drainage, sanitary sewer, and utilities, which easements were recorded in
the Official Records of Santa Clara County on March 4, 2021 as Document Nos. 24858443,
24858444, 24858445 and 24858446 (collectively, the "Hoey North Easements"). The Hoey North
Easements are appurtenant to both Parcel 3 and Parcel 4, run with the land and are binding on
successor owners and assigns.
C. Concurrently herewith, Transferor has sold and transferred Parcel 3 to Transferee,
while Transferor is retaining ownership of Parcel 4.
D. Transferee intends to subdivide and develop Parcel 3 with residential housing.
E. At the close of escrow of the sale of Parcel 3 to Transferee (the "Closing"), the
Parties to this Agreement acknowledge that Transferee will succeed to the rights and obligations
of Transferor with respect to the Hoey North Easements as they relate to Parcel 3, and the Parties
desire to memorialize their understanding regarding the benefits and burdens of the Hoey North
Easements between them.
1
087172\12222606v4
NOW, THEREFORE, for good and valuable consideration, Transferor and Transferee
hereby agree as follows:
1. Parcel 3. Effective as of the Closing, with respect to Parcel 3, Transferee acknowledges
that Transferee shall be the "Grantee" as such term is defined in the Hoey North Easements, that
Transferee shall receive the benefits set forth in the Hoey North Easements related to Parcel 3,
and that Transferee shall be liable and responsible for compliance with all covenants and
obligations of Grantee under the Hoey North Easements related to or arising out of Transferor's
ownership of Parcel 3, including but not limited to, at Transferee's sole cost and expense, acquire
all "Permits and Approvals", executing all "Contracts" and constructing all "Facilities" as
described in the Hoey North Easements related to the ownership and development of Parcel 3.
Effective as of the Closing, Transferee shall indemnify, defend and hold Transferor harmless
from any claims, damages, liabilities, penalties, fines, causes of action, lawsuits, and other
proceedings and costs and expenses in connection with or resulting from the Hoey North
Easements related to Parcel 3 and/or Transferee's breach thereof, including reasonable attorneys'
fees and costs.
2. Parcel 4. Effective as of the Closing, with respect to Parcel 4, Transferor acknowledges
that Transferor is and shall remain the "Grantee" as such term is defined in the Hoey North
Easements, and that Transferee shall receive the benefits set forth in the Hoey North Easements
related to Parcel 4 and Transferor shall be liable and responsible for compliance with all
obligations of Grantee under the Hoey North Easements related to or arising out of Transferor' s
ownership of Parcel 4. Transferor agrees to indemnify, defend and hold Transferee harmless
from any claims, damages, liabilities, penalties, fines, causes of action, lawsuits, and other
proceedings and costs and expenses in connection with or resulting from the Hoey North
Easements related solely to Parcel 4 and/or Transferor's breach thereof, including reasonable
attorneys' fees and costs.
3. Successors and Assigns. All of the covenants, terms, and conditions of the Agreement
and set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and
their respective heirs, successors and assigns.
4. Attorney's Fees. Should any party be required to bring an action to interpret or enforce
the terms of this Agreement, the prevailing party in that action shall be entitled to reasonable
attorneys' fees and costs incurred in addition to any other remedies sought.
5. Entire Agreement/Counterparts. This Agreement constitutes the entire understanding
of the Parties related to the subject matter hereof and shall be amended only by a written
instrument signed by each of the parties hereto. This document may be executed in multiple
counterparts which together shall constitute a single original.
[SIGNATURES ON FOLLOWING PAGES]
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087172\12222606v4
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the date
first above written.
TRANSFEROR: HECKER PASS NORTH LLC,
a California limited liability company
STATE OF
By: Ryder Gilroy Investment, LLC
a California limited liability company
Its Manager
By: J.L. Ryder Holdings, LLC
a California limited liability company
its Mana
By: N.
Its: M nage
er
N•
A notary public or other officer completing this certificate verifies
only the identity of the individual who signed the document to which
this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
U �) SS.
COUNTY OF LWl a- )
e.
On / / / i; .2 Cl:-)-/ , before me, V LI I Z 1 v lee/V) , Notary Public,
personally ap % eared ..% / .v , who proved to
me on the basis of satisfactory evidence to be the person(0_whose namejis/subscribed to the
within instrument and acknowledged to me that he/latitbKy executed the same in his/b.et/t-1 ix_ -
authorized capacity(ida), and that by his/WI/Weir signature(s) on the instrument the person(, or the
entity upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Signar
3
V. L. AIZENMAN BUCKRIDGE Public - California
Contra Costa County
Commission # 2307508
My Comm. Expires Oct 30, 2023
This area for officia not
087172\12222606v4
TRANSFEREE:
LENNAR HOMES OF CALIFORNIA, INC.,
a California corporation
By:r)
Name: 5 TC V t'.v.! C7 O(2. (L G i 'T
Its: V zC-v e (2cs -1.0 e>y "T
A notary public or other officer completing this certificate verifies
only the identity of the individual who signed the document to which
this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF Ga1icorn i q )
) SS.
COUNTY OF C j (Wf c t COS+G )
On !AVYj 1 15 , 2021 , before me, Lauren MGIry M011-e, , Notary Public,
personally appeared S}QNQXI C-j et l v' M— , who proved to
me on the basis of satisfactory evidence to be the person() whose name() is/tee 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/hr/their signature(» on the instrument the personO, or the
entity upon behalf of which the person() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
4
LAUREN MARY MORTE
Notary Public - California
Contra Costa County
Commission ;, 2307493
My Comm. Expires Oct 3. 2023
This area for official notarial seal
087172\12222606v4
EXHIBIT "A"
Agreement
Legal Descriptions of the Subject Property
All of that real property in the City of Gilroy, County of Santa Clara, State of
California, more particularly described as follows attached to this Exhibit One and made a
part hereof:
Real property in the City of Gilroy, County of Santa Clara, State of California, described as
follows:
PARCEL 3, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA STATE OF CALIFORNIA ON JUNE 17, 2008 IN
BOOK 825 OF PARCEL MAPS AT PAGES 33-34.
A.P.N.: 783-04-023 (affects Parcel 3)
PARCEL 4, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA STATE OF CALIFORNIA ON JUNE 17, 2008 IN
BOOK 825 OF PARCEL MAPS AT PAGES 33-34.
A.P.N.: 783-04-024 (affects Parcel 4)
087172\12222606v4