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24979195 - Grant of Public Service Easement - - Recorded 05/28/2021
RECORDED WITHOUT FEE UNDER CALIFORNIA GOVERNMENT CODE RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: Shawna Freels - City Clerk City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 **This document was electronically submitted to Santa Clara County for recording** 24979195 Regina Alcomendras Santa Clara County - Clerk -Recorder 05/28/2021 03:49 PM Titles: 1 Pages: 9 Fees: $0.00 Tax: $0.00 Total: $0.00 APN: 783-04-028 Ref: Autumn Drive (West) — Hoey Ranch Space above this line for Recorder's use GRANT OF PUBLIC SERVICE EASEMENT HOEY RANCH CO., a California General Partnership ("Grantor"), does hereby GRANT to the CITY OF GILROY, a municipal corporation of the State of California ("Grantee"), an easement for any and all public service purposes including, but not limited to, the construction and maintenance of poles, wires, and conduits, for storm drains, sanitary sewers, water lines, gas lines, electric lines, telephone lines, television and traffic signal facilities, sidewalks, public utilities, and appurtenances to all the above, over, under or across all that certain real property situated in the City of Gilroy, County of Santa Clara, California, described as "Public Service Easement" in Exhibit "A" and shown in Exhibit "B" (18,227±SF), both attached hereto and made a part hereof. The above -mentioned easements shall remain open and free from buildings and structures and their appurtenances, except for irrigation systems and their appurtenances, lawful fences, walkways, trails, and all lawful unsupported roof overhangs. This Agreement may be executed in separate counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Except for recording purposes, where original signatures are required, photocopied and electronic signatures shall be enforceable as though they are originals. See Exhibits "A" and "B" attached hereto and made a part hereof, which description and plat are by reference incorporated herein. Grantor: HOEY RANCH CO., a California General Partnership By: Barbara A. Armenta, Trustee of the Armenta 1991 Revocable Trust dated July 22, 1991 as amended, as her sole and separate property, Managing Partner By: SIGNED IN COUNTERPART Dated: 9 ---2-7% Dated: Marjorie Siverson, Trustee of the Siverson 2004 Revocable Trust dated November 12, 2004 as amended, as her sole and separate property, Partner RECORDED WITHOUT FEE UNDER CALIFORNIA GOVERNMENT CODE § 6103 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: Shawna Freels - City Clerk City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 APN: 783-04-028 Space above this line for Recorder's use Ref: Autumn Drive (West) — Hoey Ranch GRANT OF PUBLIC SERVICE EASEMENT HOEY RANCH CO., a California General Partnership ("Grantor"), does hereby GRANT to the CITY OF GILROY, a municipal corporation of the State of California ("Grantee"), an easement for any and all public service purposes including, but not limited to, the construction and maintenance of poles, wires, and conduits, for storm drains, sanitary sewers, water lines, gas lines, electric lines, telephone lines, television and traffic signal facilities, sidewalks, public utilities, and appurtenances to all the above, over, under or across all that certain real property situated in the City of Gilroy, County of Santa Clara, California, described as "Public Service Easement" in Exhibit "A" and shown in Exhibit "B" (18,227±SF), both attached hereto and made a part hereof. The above -mentioned easements shall remain open and free from buildings and structures and their appurtenances, except for irrigation systems and their appurtenances, lawful fences, walkways, trails, and all lawful unsupported roof overhangs. This Agreement may be executed in separate counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Except for recording purposes, where original signatures are required, photocopied and electronic signatures shall be enforceable as though they are originals. See Exhibits "A" and "B" attached hereto and made a part hereof, which description and plat are by reference incorporated herein. Grantor: HOEY RANCH CO., a California General Partnership By: Barbara A. Armenta, Trustee of the Armenta 1991 Revocable Trust dated July 22, 1991 as amended, as her sole and separate property, Managing Partner By: SIGNED IN COUNTERPART Dated: 2.Cf2( Dated: Marjorie Siverson, Trustee of the Siverson 2004 Revocable Trust dated November 12, 2004 as amended, as her sole and separate property, Partner RECORDED WITHOUT FEE UNDER CALIFORNIA GOVERNMENT CODE § 6103 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: Shawna Freels - City Clerk City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 APN: 783-04-028 Space above this line for Recorder's use Ref: Autumn Drive (West) — Hoey Ranch GRANT OF PUBLIC SERVICE EASEMENT HOEY RANCH CO., a California General Partnership ("Grantor"), does hereby GRANT to the CITY OF GILROY, a municipal corporation of the State of California ("Grantee"), an easement for any and all public service purposes including, but not limited to, the construction and maintenance of poles, wires, and conduits, for storm drains, sanitary sewers, water lines, gas lines, electric lines, telephone lines, television and traffic signal facilities, sidewalks, public utilities, and appurtenances to all the above, over, under or across all that certain real property situated in the City of Gilroy, County of Santa Clara, California, described as "Public Service Easement" in Exhibit "A" and shown in Exhibit "B" (18,227±SF), both attached hereto and made a part hereof. The above -mentioned easements shall remain open and free from buildings and structures and their appurtenances, except for irrigation systems and their appurtenances, lawful fences, walkways, trails, and all lawful unsupported roof overhangs. This Agreement may be executed in separate counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Except for recording purposes, where original signatures are required, photocopied and electronic signatures shall be enforceable as though they are originals. See Exhibits "A" and "B" attached hereto and made a part hereof, which description and plat are by reference incorporated herein. Grantor: HOEY RANCH CO., a California General Partnership By: SIGNED IN COUNTERPART Barbara A. Armenta, Trustee of the Armenta 1991 Revocable Trust dated July 22, 1991 as amended, as her sole and separate property, Managing Partner arJorie /: Iverson, Trustee of the Siverson 2004 Revocable Trust dated November 12, 2004 as amended, as her sole and separate property, Partner Dated: Dated: qp,1-1/0 MASSACHUSETTS NOTARY ACKNOWLEDGMENT THE COMMONWEALTH OF MASSACHUSETTS COUNTY OF: Plymouth On this o , 2021, before me, i(C100- PC CZ , ZatMA in personally appeared and proved to me through satisfactory evidence of identification, which was ItCa.YT to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public Signature TRACIE PRICE Notary Public Massachusetts My Commission Expires Nov 14, 2025 (Seal) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 California County of Santa Clara On September 24, 2020 Date I before me, Rosanna Arguelles -Patton, Notary Public personally appeared Marjorie Siverson Here Insert Name and Title of the Officer Name(s) of Signer(&) who proved to me on the basis of satisfactory evidence to be the persons) whose name(&) is/aye subscribed to the within instrument and acknowledged to me that he/she/thcy executed the same in la-is/her/the-if authorized capacity(ies}, and that by #i4s/her/their signaturefs)-on the instrument the person or the entity upon behalf of which the person(s) acted, executed the instrument. ROSANNA ARGUELLES•PATTON Notary Public - California Vt' '31 Santa Clara County z Commission # 2162602 My Comm. Expires Aug 13, 2020 The notary commission extended pursuant to Executive Order N-63-20. Place Notary Seal and/or Stamp Above 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. Signature OPTIONAL Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Grant of Public Service Easement Document Date: Number of Pages: Signer(s) Other Than Named Above: Barbara A. Armenta Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: O Corporate Officer — Title(s): O Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator O Other: Signer is Representing: ©2018 National Notary Association EXHIBIT "A" 219\3524031.2 "EXHIBIT A" LEGAL DESCRIPTION FOR A PUBLIC SERVICE EASEMENT Public Service Easement: All that real property situated in the City of Gilroy, County of Santa Clara, State of California, being a portion of "Parcel 2", as shown on the Parcel Map filed June 17, 2008 in Book 825 of Maps, at Pages 33 and 34, Records of Santa Clara County , California, being more particularly described as follows: Beginning at the northwest corner of said "Parcel 2"; thence along the north line of said "Parcel 2", S89°59'54"E, a distance of 8.79 feet to the beginning of a non -tangent curve to the left, from which the radius point bears N75°00'04"E, a radial distance of 39.50 feet; thence leaving said north line, southeasterly along said curve, through a central angle of 102°59'42", a distance of 71.01 feet to a reverse curve to the right having a radius of 35.50 feet; thence easterly along said curve, through a central angle of 27°59'44", a distance of 17.35 feet; thence S89°59'54"E, a distance of 124.60 feet to a tangent curve to the right having a radius of 279.50 feet; thence easterly along said curve, through a central angle of 25°41'42", a distance of 125.35 feet; thence S64°18'12"E, a distance of 42.43 feet to a tangent curve to the right having a radius of 29.50 feet; thence southeasterly along said curve, through a central angle of 64°17'33", a distance of 33.10 feet; thence S00°00'38"E, a distance of 133.08 feet to a tangent curve to the right having a radius of 83.50 feet; thence southerly along said curve, through a central angle of 22°17'04", a distance of 32.48 feet to the north line of the Hecker Pass Highway Right of Way as described in that certain Grant Deed recorded December 18, 2018 as Document No. 24083720, Official Records of Santa Clara County, California, and the beginning of a non -tangent curve to the left, from which the radius point bears S16°55'03"E, a radial distance of 91.00 feet; thence along said north line, westerly along said curve, through a central angle of 06°07'05", a distance of 9.72 feet; thence continuing along said north line, N33°27'16"W, a distance of 15.49 feet; thence continuing along said north line, S57°59'17"W, a distance of 10.73 feet; thence leaving said north line, NOO°00'38"W, a distance of 158.62 feet; thence N64°18'12"W, a distance of 40.23 feet to a tangent curve to the left having a radius of 246.50 feet; thence westerly along said curve, through a central angle of 25°41'42", a distance of 110.55 feet; thence N89°59'54"W, a distance of 124.60 feet to a tangent curve to the left having a radius of 2.50 feet; thence westerly along said curve, through a central angle of 27°59'44", a distance of 1.22 feet to a reverse curve to the right having a radius of 72.50 feet; thence westerly along said curve, through a central angle of 68°04'43", a distance of 86.14 feet to the west line of said "Parcel 2"; thence along said west line, NOO°19'37"W, a distance of 45.25 feet to the Point of Beginning. Containing 18,227 square feet, more or less. As shown on "Exhibit B", attached hereto and made a part hereof. END OF DESCRIPTION. These descriptions were prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. .9$/// f/ o an Pierce, PLS 8859 Date Page 1 of 1 EXHIBIT "B" 219\3524031.2 PARCEL 3 h ( 825-M-33) 1-0 10 1.6 N I I J 0 0 0 z II / N40°05'05"E(R) 45.25 275.77' / NOO'19'37"W 325.71'(T) PARCEL 1 (PORTION) ( 825-M-33) N00°00'06"E 193.42' NO0'00'38"W 133.08' NO1'23'06"W(R/ o N00°00'38"W 158.62' PARCEL 2 (PORTION) (825-M-33) `-POB (PSE) 0' 424083720 U a N16°55'03"W(R) N67°43'34"W(R) N23°02'08"W(R) N41'57'01"W(R) N46°04'34"W(R) NO3'04'07"W(R) N23'55'10"W R LINE TABLE LINE BEARING DIST L1 N64°18'12"W 42.43' L2 N33°27'16"W 15.49' L3 N57°59'17"E 10.73' L4 N57°59'17"E 20.36' L5 N57°59'17"E 31.09' L6 N35°53'01 "W 15.82' CITY OF GILROY (374-0R-3795) HECKER PASS HIGHWAY (WIDTH VARIES) PARCEL 2 (PORTION) (827-M-12) PARCEL 1 (PORTION) (827-M-12) CURVE TABLE CURVE LENGTH RADIUS DELTA C1 34.39' 91.00' 021'39'02" C2 9.72' 91.00' 006°07'05" C3 32.48' 83.50' 022'17'04" C4 24.67' 91.00' 015'31'57" C5 33.10' 29.50' 064°17'33" C6 17.35' 35.50' 027'59'44" C7 71.01' 39.50' 102°59'42" C8 1.22' 2.50' 027°59'44" C9 6.84' 95.00' 004'07'33" C10 49.54' 66.00' 043'00'27" C11 72.06' 198.00' 020°51'03" P SE POB (R) (T) 0 60 LEGEND BOUNDARY LINE EXISTING LOT LINE EXISTING CENTERLINE NEW RIGHT OF WAY NEW EASEMENT LINE PUBLIC SERVICE EASEMENT POINT OF BEGINNING RADIAL BEARING TOTAL DIMENSION 120 180 SCALE IN FEET: 1 "= 60' "EXHIBIT B" PLAT TO ACCOMPANY DESCRIPTION FOR A PUBLIC SERVICE EASEMENT BEING A PORTION OF "PARCEL 2", AS SHOWN ON THE PARCEL MAP FILED JUNE 17, 2008 IN BOOK 825 OF MAPS, AT PAGES 33 AND 34, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA GILROY, CA 1\lgl RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 8055 CAM NO ARROYO GILROY, CA 95020 PHONE: (408) 848-0300 FAX: (408) 848 -0 302 SCALE: 1 "= 60' DATE: 08/14/2020 JOB NO.: 994001 CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by HOEY RANCH CO, A CALIFORNIA GENERAL PARTNERSHIP This is to certify that the interest in real property conveyed by the Public Service Easement Grant Deed dated February 9, 2021 from HOEY RANCH CO, A CALIFORNIA GENERAL PARTNERSHIP, 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 of Gilroy pursuant to authority conferred by Resolution No. 2015-55 of the City of Gilroy adopted October 19, 2015, 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 # 23133758, dated November 3, 2015 and the grantee consents to recordation thereof by its duly authorized officer. In witness whereof, I have hereunto set my hand on a t ' day of 114 vim , 2021. By: Jimmy Forbis City Administrator City of Gilroy