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24865839 - Easement and Covenant Agreement - - Recorded 03/09/2021RECORDING REQUESTED BY FIRST AMERICAN TITLE 0t31 — Co2.ti1-42.1— e4 r c Ac c .c'r -r o a. o�{-; GY) RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attention: Shawna Freels — City Cle Recorded without Filing Fee under Government Code Section 27383 6789 ZZ his document was electronically submitted to Santa Clara County for recording** 24865839 Regina Alcornendras Santa Clara County - Clerk -Recorder 03/09/2021 03:00 PM Titles: 1 Pages: 17 Fees: $0.00 Tax: $0 Total: $0.00 b PN: 810-20-036, 810-20-037 Space above this line for Recorder's use Ref: Hoey Trust EASEMENT AND COVENANT AGREEMENT (Public Trail) A This Easement and Covenant Agreement ("Agreement") is entered into as of this 14h day of 2021, by the CITY OF GILROY, a California municipal corporation ("City'), and JAMES W. HOEY ND DEBRA J. HOEY, TRUSTEES, OR THEIR SUCCESSOR(S), TRUSTEE UNDER REVOCABLE TRUST AGREEMENT DATED APRIL 12, 1991, AS AMENDED ("Property Owner"). RECITALS A. Property Owner is the fee owner of certain real property located in the City of Gilroy, County of Santa Clara, State of California, more particularly described in ExhibitA attached hereto (the "Property"). B. Property Owner utilizes the Property for the purposes permitted under the Hecker Pass Specific Plan adopted by the City on January 16, 2005, as amended (the "HPSP"). Uses and activities permitted under the HPSP and other applicable laws are referred to herein as the "Permitted Property Uses." C. Property Owner desires to grant to City, and City desires to accept, a non-exclusive easement over a portion of the Property for public access purposes to be used for low - intensity public recreational activities, such as walking, bicycling, and skating, subject to the terms and conditions set forth below. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, City and Property Owner hereby agree as follows: 1. Grant of Easement. Subject to the terms and conditions set forth in this Agreement, Property Owner hereby grants to City a non-exclusive easement for a public trail over and across that certain portion of the Property identified as the "Public Trail Easement" on the 4818-1289-8711v4 SSCORDELIS104706083 -1- RECORDING REQUESTED BY FIRST AMERICAN TITLE O 131- (n2&-1 ti2.1 - i4 C c- / c.c a m,n o & &1 or) RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attention: Shawna Freels — City Clerk Recorded without Filing Fee under Government Code Section 27383 APN: 810-20-036, 810-20-037 Space above this line for Recorder's use Ref: Hoey Trust EASEMENT AND COVENANT AGREEMENT (Public Trail) This Easement and Covenant Agreement ("Agreement") is entered into as of this day of bn;; , 2021, by the CITY OF GILROY, a California municipal corporation ("City"), and JAMES W. HOEY AND DEBRA J. HOEY, TRUSTEES, OR THEIR SUCCESSOR(S), TRUSTEE UNDER REVOCABLE TRUST AGREEMENT DATED APRIL 12, 1991, AS AMENDED ("Property Owner"). RECITALS A. Property Owner is the fee owner of certain real property located in the City of Gilroy, County of Santa Clara, State of California, more particularly described in Exhibit A attached hereto (the "Property"). B. Property Owner utilizes the Property for the purposes permitted under the Hecker Pass Specific Plan adopted by the City on January 18, 2005, as amended (the "HPSP"). Uses and activities permitted under the HPSP and other applicable laws are referred to herein as the "Permitted Property Uses." C. Property Owner desires to grant to City, and City desires to accept, a non-exclusive easement over a portion of the Property for public access purposes to be used for low - intensity public recreational activities, such as walking, bicycling, and skating, subject to the terms and conditions set forth below. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, City and Property Owner hereby agree as follows: 1. Grant of Easement. Subject to the terms and conditions set forth in this Agreement, Property Owner hereby grants to City a non-exclusive easement for a public trail over and across that certain portion of the Property identified as the "Public Trail Easement" on the 4818-1289-8711v4 -1 _ SSCORDELIS104706083 legal descriptions attached hereto as Exhibit A, and shown on the plat maps attached hereto as Exhibit B (collectively, the "Easement Area"). The easement over and across the Easement Area is conveyed to City in its "AS IS" condition, without any warranties, express or implied, as to the suitability of Easement Area for any purpose. 1.1 Permitted Trail Uses. The Easement Area may be used by City only for the following uses (the "Permitted Trail Uses"): (a) Construction, maintenance, repair and replacement of public trail facilities (the "Trail Facilities"), including without limitation the following: (i) An asphalt pathway up to twelve (12) feet in width, with shoulders on each side up to four (4) feet in width (approximately two (2) feet of rock shoulder and two (2) feet of dirt shoulder), together with steps, ramps, railings, bridges, culverts and other related improvements; (ii) Wayfinding and instructional signage and bulletin boards; (iii) Fences, gates, bollards and other barriers to control access, provided that they do not interfere with ingress to and from the Property, and they do not unreasonably interfere with the Permitted Property Uses; and (iv) Landscaping; and (b) Low -intensity public recreational activities such as walking, bicycling, and skating. Use of motorized vehicles within the Easement Area shall be prohibited, except for (i) wheelchairs or other motorized devices for persons with disabilities; and (ii) vehicles used in connection with construction, maintenance, repair, policing or emergency response, or other governmental activities. 1.2 No Impairment. Property Owner shall keep the Easement Area open and free from buildings, structures and other above -ground improvements and their appurtenances. Property Owner shall not do or permit any act or acts which will hinder or impair the use of the Easement Area for the Permitted Trail Uses (including, without limitation, planting and/or permitting roots which cause damage to the asphalt pathway of the Easement Area) except such activities as may be required or appropriate from time to time for the use, maintenance, repair, or improvements of the driveways to the Property, utilities serving the Property, or any improvements on the Property; provided, however, that Property Owner shall cause any such work to be performed in a manner that reasonably minimizes interference with the Permitted Trail Uses. 4818-1289-8711v4 SSCORDELIS104706083 -2- 1.3 Rights Reserved by Property Owner. Property Owner excepts and reserves the right (but not the obligation) to utilize the Easement Area for all Permitted Property Uses that do not interfere with the Permitted Trail Uses, including without limitation the following activities, subject to obtaining any necessary permits if required by applicable City laws, codes or regulations: (a) Installation, repair and maintenance of security fencing along the southern boundary of the Easement Area, together with gates as reasonably necessary for access to the Property; (b) Installation, repair and maintenance of below -ground utility facilities that serve the Property and the right to convey utility easements to private or public utility service providers in connection with such below -ground facilities without the consent or approval of City; provided, however, that Property Owner shall give City with at least ten (10) business days prior written notice of the recordation of any such easement; (c) Installation, repair, maintenance and use of driveway improvements; provided, however, that, except in the case of an emergency, Property Owner shall provide City with at least ten (10) business days prior written notice of any such installation, repair and/or maintenance (which written notice shall include the scope and dates on which such installation, repair and/or maintenance shall occur); (d) Reasonable trimming, weeding, mowing, and control of vegetation. Notwithstanding the foregoing and/or anything to the contrary set forth in this Agreement, Property Owner shall give City at least ten (10) business days prior written notice with respect to any installation, repair and/or maintenance work described in this Section 1.3 above, which written notice shall include (i) the scope of such installation, repair and/or maintenance work and (ii) the dates on which such installation, repair and/or maintenance work shall occur; provided, however, that no such notice shall be required with respect to weeding, mowing and control of vegetation which does not interfere with the Permitted Trail Uses. 2. Maintenance and Repairs. 2.1 Responsibility. City shall be solely responsible for maintaining the Easement Area and the Trail Facilities, including signage in good condition and repair at City's sole cost and expense; provided, however, Property Owner shall be obligated to pay or reimburse City for any and all damage (other than due to ordinary wear and tear), to the extent caused by the negligence or wrongful acts of Property Owner or its agents, employees, licensees or contractors. Property Owner has no obligation or duty to inspect, maintain, repair or improve the Easement Area or Trail Facilities. 4818-1289-8711v4 SSCORDELIS104706083 -3- 2.2 Permitted Times; Notice. City shall notify Property Owner ten (10) days before beginning any maintenance or repairs that may restrict Property Owner's ingress or egress to the Property or before beginning any new Trail Improvements. The City shall use commercially reasonable efforts to perform any maintenance, repair, or construction activities during the following hours: 7:00 a.m. to 5:00 p.m. Monday through Friday; provided, however, that the foregoing hours shall not apply with respect to any emergency maintenance, repair or construction activities. 3. Waiver of Claims; Indemnification. 3.1 Waiver of Claims. City hereby releases and forever discharges Property Owner and its past and present agents, employees, licensees, contractors, officers, directors, members, successors, and assigns (the "Released Parties"), and each of them, from any and all claims, causes of action, proceedings, losses, damages, liability, costs, and expenses (including, without limitation, any fines, penalties, judgments, and attorneys' fees and costs) for damage to property and for injuries to or death of any person (including, but not limited to, the property and employees of any party, including City's agents, licensees and contractors) related to City's use of the Easement Area or the use of the Easement Area by any person ("Claims"). The release shall apply regardless of the cause of the Claims, except to the extent arising out of the material breach of this Agreement by, and/or negligence or wrongful acts of, Property Owner or the other Released Parties. 3.2 Indemnification. City shall indemnify, defend and hold harmless Property Owner and the Released Parties from and against any and all Claims sustained by Property Owner and/or the Released Parties arising out of the general public's use of the Public Trail Easement or the acts or omissions of the City or its agents, employees, licensees or contractors on or about the Easement Area; provided, however, the obligations hereunder shall not apply to any Claims to the extent arising out of the material breach of this Agreement, by and/or negligence or wrongful acts of, Property Owner or the other Released Parties. 4. Limitation of Liability for Public Use. Notwithstanding anything to the contrary in this Agreement, City and Property Owner reserve all rights and protections under applicable law affording immunity with respect to use of the Easement Area by the general public. (a) City shall post appropriate signs, as determined by City in its sole discretion, advising the general public (i) that use of the Trail Facilities, or entry onto any portion of the Easement Area, shall be at their own risk; and (ii) of potential vehicle traffic at driveway and other access and crossing points on the Trail Facilities. (b) Neither City nor Property Owner assumes any duty to or for the benefit of the general public for defects in the location, design, installation, maintenance or repair of the Trail Facilities; for any unsafe conditions within 4818-1289-8711v4 SSCORDELIS104706083 -4- the Easement Area; for the failure to inspect for or warn against possibly unsafe conditions; or for any failure to close the Trail Facilities to public access when unsafe conditions may be present. (c) City shall endeavor to repair damaged Trail Facilities, but has no duty to do so unless and until City receives actual notice of the need to repair, improve, or replace a dangerous condition. Property Owner is not obligated or responsible for notifying the City of any dangerous or potentially dangerous condition. 5. Insurance by Contractors. Third party contractors performing construction, repair or maintenance work on the Easement Area shall be required to maintain in full force and effect during the course of the work a policy or policies of commercial general liability insurance against any liability arising out of the activities of the contractor or its agents, employees or subcontractors on or about the Easement Area. Such insurance shall be in an amount not less than $2,000,000 combined single limit for injury to or death of one or more persons in an occurrence, and for damage to tangible property (including loss of use) in an occurrence; shall cover City and Property Owner as additional insureds; and shall be written as primary insurance, not contributing with or in excess of any coverage that City or Property Owner may elect to carry. Prior to commencing any such construction, repair or maintenance work on the Easement Area, the contractor shall notify and deliver to City and Property Owner a certificate of insurance and any applicable endorsements evidencing the above insurance coverage. 6. Notices. All notices required or permitted herein shall be made and given in writing to the parties at the respective addresses set forth below and shall be effective as of actual receipt or refusal of delivery. Should any act or notice required hereunder fall due on a weekend or holiday, the time for performance shall be extended to the next business day. Either party may change its address for the purpose of providing notice by delivering written notice to the other party which specifies the new address. City: Property Owner: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attention: City Administrator 4818-1289-8711 v4 SSCORDELIS104706083 -5- James W. Hoey & Debra J. Hoey, Trustees 2480 Hecker Pass Highway Gilroy, CA 95020 With a Copy to: Noland, Hamerly, Etienne & Hoss Attention: Daniel Little, Esq. P.O. Box 2510 Salinas, CA 93902 7. Successors and Assigns. The easement granted herein shall be perpetual, and shall be binding upon and shall inure to the benefit of City and Property Owner, and their respective successors and assigns. 8. No Waiver. Failure by either City or Property Owner to enforce any provision under this Agreement shall not be deemed a waiver of any rights or remedies with respect to such breach or any future breach of the same. 9. Cumulative Remedies. All rights, options and remedies of City and Property Owner under this Agreement are cumulative, and no one remedy shall be exclusive of any other remedy. City and Property Owner shall have the right to pursue any one or all of such rights, options and remedies or any other remedy or relief which may be provided by law, whether or not stated in this Agreement. 10. Attorneys' Fees. If either City or Property Owner shall bring any judicial action or legal proceeding against the other in connection with the breach or enforcement of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the judgment, its reasonable attorneys' fees and costs of suit. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the law of the State of California. 12. Severability. Invalidation of all or a portion of any provision of this Agreement by judgment or court order shall in no way affect the remaining portion of such provision or any other provision which, to the extent possible, shall remain in full force and effect. 13. Recitals. The Recitals set forth above are true and correct, and are incorporated into the body of this Agreement as though set forth herein. 14. Amendment. This Agreement constitutes the entire agreement between City and Property Owner regarding the easement granted herein. This Agreement shall not be amended except by written agreement executed by City and Property Owner. 15. No Third Party Beneficiaries. There are no third party beneficiaries of this Agreement, and nothing in this Agreement shall affect any contractual rights or obligations as between City or Property Owner and any third parties. 4818-1289-8711v4 SSCORDELIS104706083 [Signatures Appear on Following Page] -6- IN WITNESS WHEREOF, City and Property Owner have executed this Agreement as of the date first set forth above. CITY: CITY OF GILROY, a municipal corporation of the State of California By: rnh �� orb rn� is, Od-y PC4m,inbtictb( ATTEST: By: APPROVED AS TO FORM: By: PROPERTY OWNER: JAMES W. HOEY AND DEBRA J. HOEY, TRUSTEES, OR THEIR SUCCESSOR(S), TRUSTEE UNDER REVOCABLE TRUST AGREEMENT DATED APRIL 12, 1991, AS AMENDED By: Name: James W. Hoey Its: Trustee By: Name: DEBRA J. HOEY Its: Trustee 4818-1289-8711v4 SSCORDELIS104706083 -7- CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 )SS On January 21, 2021 before me, Michele Ahern , Notary Public, personally appeared who proved to me on the basis of `satisfactory evidence to be the person(S) whose name(5) is/are subscribed to the within instrument and acknowledged to me that he/she/they—executed the same in his/hey=/their authorized capacitykieS), and that by his/her/their signatureP(s) on the instrument the persor0), or the entity upon behalf of which the person(s) 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 handand official seal. �� Signature JU,� X �1 , c H Michele Ahern COMMISSION # 2326790 NOTARY PUBLIC - CALIFORNIA SANTA CLARA COUNTY My Comm. Expires: 15-May-2024 This area for official notarial seal. OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER J Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) PARTNER(S) LIMITED ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Person or Entity GENERAL Name of Person or Entity OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by First American Title Company 11/2007 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 )SS On January 21, 2021 before me, Michele Ahern , Notary Public, personally appeared -FI- ems -- who proved to me on the basis of'satisfactory evidence to be the persor0 whose name4 is/ard subscribed to the within instrument and acknowledged to me that he/she/,,they executed the same in _OEM/her/0h4 authorized capacity(je5), and that by his'/her/theii signature on the instrument the person), or the entity upon behalf of which the person(8) 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. n r rr Signature '\ 1, A X 1hQJQ¼9iU; ur Michele Ahern COMMISSION # 2326790 NOTARY PUBLIC - CALIFORNIA SANTA CLARA COUNTY My Comm. Expires: 15-May2024 This area for official notarial seal. OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) PARTNER(S) I I LIMITED ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: GENERAL Name of Person or Entity Name of Person or Entity OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by First American Title Company 11/2007 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe 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 Saaha C\ arc( } On V .1(yr- C(Y'y 0-1-1 ) a-0a\ before me, SO X)Y)e v22-efft / 1\, DarI b J Date Here Insert Name and Title of Lip Officer personally appeared Timm C-orb1S Name(s) of Signer(s) who 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. SUZANNE GUZZETTA Notary Public - California Santa Clara County Commission r 2281205 My Comm. Expires Apr 12. 2023 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 Si jpature of No ry 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: �C s,m-eqj Ct Ok C3v-v+(1(AM N re p -• t7e�l Document Date: Number of Pages: ) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2018 National Notary Association 4818-1289-8711v4 SSCORDELIS104706083 EXHIBIT A [Legal Description of Property and Easement Area] -9- "EXHIBIT A" LEGAL DESCRIPTION FOR A PUBLIC TRAIL EASEMENT All that real property situated in the City of Gilroy, County of Santa Clara, State of California, being a portion of "Parcel 1" 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, being more particularly described as follows: Beginning at the northwest corner of said "Parcel 1"; thence along the north line of said "Parcel 1", S88°59'33"E, a distance of 321.87 feet; thence leaving said north line, S48°52'55"E, a distance of 30.23 feet to the west line of a 35 foot wide Public Service Easement as described in the "Grant of Public Service Easement" recorded October 31, 2016 as Document No. 23482195, Official Records of Santa Clara County, California; thence along said west line, S00°00'37"E, a distance of 57.26 feet to the beginning of a non -tangent curve to the right, from which the radius point bears N26°42'37"E, a radial distance of 26.00 feet; thence leaving said west line, northwesterly along said curve, through a central angle of 31°34'34", a distance of 14.33 feet to a reverse curve to the left having a radius of 90.00 feet; thence northwesterly along said curve, through a central angle of 57°16'45", a distance of 89.97 feet; thence N88°59'33"W, a distance of 157.72 feet to a tangent curve to the left having a radius of 30.00 feet; thence westerly along said curve, through a central angle of 27°26'21", a distance of 14.37 feet to a reverse curve to the right having a radius of 50.00 feet; thence westerly along said curve, through a central angle of 27°26'22", a distance of 23.95 feet; thence N88°59'33"W, a distance of 64.09 feet to the west line of said "Parcel 1"; thence along said west line, N00°39'40"W, a distance of 35.02 feet to the Point of Beginning. Containing 10,892 square feet, 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. -,.,�-- 004/2a2 / n Pierce, PLS 8859 Date Page 1 of 1 CITY of GILROY (8791-OR-13) POB N88.59'33"W 64.09' PARCEL 2 (825--M-33) HECKER PASS HIGHWAY LEGEND BOUNDARY LINE PSE (R) (T) POB POC 0 60 N88°59'33"W 379.65'(T) 321.87' N88°59'33"W 157.72' PARCEL 1 (PORTION) (827-M-12) CENTERLINE EXISTING LOT LINE EXISTING EASEMENT LINE NEW EASEMENT LINE PUBLIC SERVICE EASEMENT RADIAL BEARING TOTAL POINT OF BEGINNING POINT OF COMMENCEMENT 120 180 SCALE IN FEET: 1 "= 60' "EXHIBIT B" PLAT TO ACCOMPANY DESCRIPTION FOR A PUBLIC TRAIL EASEMENT BEING A PORTION OF "PARCEL 1" 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 c1 W /7%63O 57.78' \ ---� SS A _ m N5817'11"E(R), N26.42'37"E(R) 4, CD N 6) C' 35' 122.5' 18.5' CURVE TABLE CURVE LENGTH RADIUS DELTA C1 14.33' 26.00' 031 °34'34" C2 89.97' 90.00' 057116'45" C3 14.37' 30.00' 027°26'21" C4 23.95' 50.00' 027°26'22" SHEET 1 OF 1 1\ j 11 RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 8055 CAMiN0 ARROYO GiUROY, CA 9502C PHONE: (408) 848-0300 FAX: (408) 848-0302 GILROY, CALIFORNIA SCALE: 1 "= 60' DATE: 06/21/2018 JOB NO.: 994001 "EXHIBIT A" LEGAL DESCRIPTION FOR A PUBLIC TRAIL 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 that certain Parcel Map filed September 10, 2008 in Book 827 of Maps at Pages 12 and 13, Records of Santa Clara County, California, being more particularly described as follows: Beginning at the northeast corner of said "Parcel 2"; thence along the east line of said "Parcel 2" S01 °08'08"E, a distance of 37.14 feet to the beginning of a non -tangent curve to the right, from which the radius point bears N04°01'32"E, a radial distance of 2,050.00 feet; thence leaving said east line, westerly along said curve, through a central angle of 00°23'45", a distance of 14.17 feet to a reverse curve to the left having a radius of 1,172.00 feet; thence westerly along said curve, through a central angle of 04°33'23", a distance of 93.20 feet; thence S89°51'54"W, a distance of 147.75 feet to a tangent curve to the right having a radius of 245.00 feet; thence westerly along said curve, through a central angle of 02°26'10", a distance of 10.42 feet to a reverse curve to the left having a radius of 3,175.00 feet; thence westerly along said curve, through a central angle of 02°09'33", a distance of 119.66 feet; thence N89°51'29"W, a distance of 174.40 feet to a tangent curve to the right having a radius of 244.00 feet; thence westerly along said curve, through a central angle of 07°43'39", a distance of 32.91 feet; thence N82°07'50"W, a distance of 15.17 feet; thence S89°32'54"W, a distance of 360.13 feet; thence S85°32'40"W, a distance of 60.08 feet to a tangent curve to the left having a radius of 80.00 feet; thence southwesterly along said curve, through a central angle of 53°47'09", a distance of 75.10 feet to a reverse curve to the right having a radius of 26.00 feet; thence southwesterly along said curve, through a central angle of 57°58'08", a distance of 26.31 feet to the east line of the 35 foot wide Public Service Easement described in that certain "Grant of Public Service Easement", Recorded October 31, 2016 as Document No. 23482197, Official Records of Santa Clara County, California; thence along said east line, N00°00'37"W, a distance of 58.26 feet; thence leaving said east line N60°31'09"E, a distance of 38.00 feet to the common line of said "Parcel 2" and Hecker Pass Highway (66 feet wide) as shown on the above mentioned Parcel Map; thence along said common line the following courses and distances: S88°59'33"E 125.33 feet, thence N89°32'54"E 784.26 feet and N89°20'13"E 167.53 feet to the northeast corner of said "Parcel 2" and the Point of Beginning. Containing 29,645 square feet or 0.6805 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. o,//y/Zoz/ Brian Pierce, PLS 8859 Date Page 1 of 1 LEGEND PSE (R) POB 0 BOUNDARY LINE EXISTING LOT LINE EXISTING EASEMENT LINE NEW EASEMENT LINE EXISTING CENTERLINE PUBLIC SERVICE EASEMENT RADIAL BEARING POINT OF BEGINNING i 80 160 240 SCALE IN FEET: 1 "= 80' i i i 3 ///N,,\ F::, 49, ,� / ��F� �-,q/ /<,;- /,,$) / 07. idoc 4 06, "S2 Ss9 '251(?) 4- • 6,6�J \. LINE TABLE LINE BEARING DIST L1 N82'07'50"W 15.17' L2 N00'00'47"W 19.28' L3 N88'59'33"W 33.09' L4 N60'31'09"E 38.00' CURVE TABLE CURVE LENGTH RADIUS DELTA C1 14.17' 2050.00' 0°23'45" C2 93.20' 1172.00' 4'33'23" C3 10.42' 245.00' 2'26'10" C4 32.91' 244.00' 7'43'39" C5 75.10' 80.00' 53°47'09" C6 26.31' 26.00' 57'58'08" "EXHIBIT B„ PLAT TO ACCOMPANY DESCRIPTION FOR A PUBLIC TRAIL EASEMENT BEING A PORTION OF "PARCEL 2" 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 SHEET 1 OF 2 i`ji I RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 8055 CAM"1O ARROYO Sii.ROY CA 9 020 PHONE; (408) 848-0300 C''AX: (408) 848-0302. GILROY, CALIFORNIA SCALE: 1 "= 80' DATE: 06/21/2018 JOB NO.: 994001-25001 LEGEND PSE (R) POB BOUNDARY LINE EXISTING LOT LINE EXISTING EASEMENT LINE NEW EASEMENT LINE EXISTING CENTERLINE PUBLIC SERVICE EASEMENT RADIAL BEARING POINT OF BEGINNING L33, // /NA /06) / •9s ,/° h ti� ouj °°��3 7 ° ,o� 4'q/l 5'S / 0 / 6 / /'� �i /c 1 LINE TABLE LINE BEARING DIST L1 N82'07'50"W 15.17' L2 N00'00'47"W 19.28' L3 N88'59'33"W 33.09' L4 N60'31'09"E 38.00' CURVE TABLE CURVE LENGTH RADIUS DELTA C1 14.17' 2050.00' 0'23'45" C2 93.20' 1172.00' 4'33'23" C3 10.42' 245.00' 226'10" C4 32.91' 244.00' 7'43'39" C5 75.10' 80.00' 53'47'09" C6 26.31' 26.00' 57'58'08" 80 1 60 240 SCALE IN FEET: 1 "= 80' "EXHIBIT B„ PLAT TO ACCOMPANY DESCRIPTION FOR A PUBLIC TRAIL EASEMENT BEING A PORTION OF "PARCEL 2" 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 SHEET 2 OF 2 1\ 11 RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS ■ SURVEYORS 8055 CAMiNO ARROYO GiL.ROY CA 95020 PHONE; (408) 848-0300 r'AX: (408) 848-0302 GILROY, CALIFORNIA SCALE: 1 "= 80' DATE: 06/21/2018 JOB NO.: 994001-25001 CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by JAMES W. HOEY AND DEBRA J. HOEY, TRUSTEES, OR THEIR SUCCESSOR(S), TRUSTEE UNDER REVOCABLE TRUST AGREEMENT DATED APRIL 12, 1991, AS AMENDED This is to certify that the interest in real property conveyed by the grant of easement dated February 24, 2021, from JAMES W. HOEY AND DEBRA J. HOEY, TRUSTEES, OR THEIR SUCCESSOR(S), TRUSTEE UNDER REVOCABLE TRUST AGREEMENT DATED APRIL 12, 1991, AS AMENDED, 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 26, 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, 1 have hereunto set my hand on day of t - , 2,0 21 By: 1 �.. Karl Bjar , Interim Public Works Director