Ordinance 2005-08
ORDINANCE NO. 2005-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING M 04-12, AN AMENDMENT TO
THE PRE-ANNEXATION DEVELOPMENT AGREEMENT
FOR HECKER PASS DATED APRIL 1,1997
WHEREAS, the City of Gilroy ("City") and Nob Hill General Store, Inc., a California
corporation ("Nob Hill"), entered into a Development Agreement entitled "Pre-Annexation
Development Agreement for Hecker Pass" dated April 1, 1997 ("Agreement") for the Project (as
defined in the Development Agreement) and commonly known as Bonfante Gardens Family
Theme Park ("Theme Park"); and
WHEREAS, Bonfante Gardens, Inc., a Delaware nonprofit corporation ("Bonfante
Gardens"), the successor-in interest to Nob Hill under the Agreement, filed application M 04-12
with the City to amend the Agreement; and
WHEREAS, the City of Gilroy's Resolution No. 2002-61 sets forth the procedures for the
processing of a development agreement or an amendment thereto pursuant to California
Government Code sections 65864 through 65869.5 ("State Law"), and
WHEREAS, pursuant to Gilroy Ordinance 2002-6 and Resolution 2004-79 adopted by the
City Council, there are ninety-nine (99) Residential Development Units allocated by the City to
certain land on Bonfante Gardens' property, consisting of approximately 32.9 acres, being a
portion of APN 810-20-16 ("Surplus Parcel"), the use of said Units to benefit Bonfante Gardens;
and
WHEREAS, on or about March 25, 2004, Bonfante Gardens entered into a purchase
agreement pursuant to which it agreed to sell the Surplus Parcel to Shapell Industries, Inc., a
Delaware corporation ("Shapell'); and
IJH1653542.1
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Ordinance No. 2005-08
WHEREAS, Bonfante Gardens desires to remove the Surplus Parcel from the scope of
the Project and to terminate the Agreement as to such Surplus Parcel in order to consummate the
sale of the Surplus Parcel to Shapell; and
WHEREAS, the City has determined that the Project is consistent with the City's General
Plan even if the Surplus Parcel is removed from the Agreement, and has further determined that
the development of the Surplus Parcel for single-family residential purposes, a project called
herein the Eagle Ridge Expansion Project, is consistent with the City's General Plan as amended
by Resolution 2005- aproving application GP A 04-01 submitted by Shapell; and
WHEREAS, the Eagle Ridge Expansion Project includes in addition to the processing of
GPA 04-01, an application for a zone change, Z 04-10 and other related development approvals;
and
WHEREAS, the City has determined that this amendment to the Agreement
("Amendment") is required to accommodate the Eagle Ridge Expansion Project, and the sale of
the Surplus Parcel to Shapell will provide Bonfante Gardens' with benefits for continued
operations of the Theme Park.
THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION I
A. Notice of the City's intention to amend the Development Agreement has been
given as required by State law.
B. Pursuant to the California Environmental Quality Act ("CEQA"), a Mitigated
Negative Declaration, which included this Amendment, was prepared for the Eagle Ridge
Expansion Project. This amendment to the Agreement relates only to the removal of the Surplus
IJH1653542.1
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Ordinance No. 2005-08
Parcel from the scope of the Project and to terminate the Agreement as to such Surplus Parcel,
and does not include any action affecting the environment.
C. A public hearing on the proposed Development Agreement amendment was held
before the Planning Commission on March 3, 2005, for which public notice was given as required
by law and at which all persons desiring to be heard were given an opportunity to be heard, and
following the hearing, the Planning Commission recommended approval of it.
D. A public hearing on the proposed Development Agreement amendment was held
before the City Council on April 4, 2005, for which public notice was given as provided by law,
and at which all persons desiring to be heard were given an opportunity to be heard. The City
Council has duly considered all testimony received, both oral and written.
SECTION II
On the basis of the foregoing Recitals and the specific conclusions set forth below, the City
Council finds and determines that:
1. This Amendment is consistent with the objectives, policies, general land uses and
programs specified and contained in the City's General Plan.
2. The City has taken all steps required by State law III order to approve this
Amendment.
SECTION III
The City Council hereby approves the Amendment and authorizes the Mayor to execute the
agreement entitled "AMENDMENT TO PRE-ANNEXATION DEVELOPMENT AGREEMENT
FOR HECKER PASS", a copy of which is attached hereto as Exhibit "A."
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Ordinance No. 2005-08
SECTION IV
EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after the date
of its adoption, and on that same date the Amendment to the Development Agreement shall take
effect, unless Resolution 2005-25 approving GPA 04-01 and/or Ordinance 2005-07 approving Z
04-10 do not take effect. If said Resolution and/or Ordinance do not take effect, then M 04-12 is
denied.
PASSED AND ADOPTED this 11 th day of April, 2005, by the following vote:
AYES:
COUNCIL MEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VELASCO, and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
VALIQUETTE
:212 2
" ( . i .t. A .
&Vult ,l, . J.-.~<..A..-1'--
Rhonda Pellin, City Clerk
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Ordinance No. 2005-08
..
EXHIBIT A
RECORDING REQUESTED BY AND
WHEN RECORDED, RETURNED TO:
City of Gilroy
735lRosafina-StFeer--m .
Gilroy, California 95020-6141
Attn: City Clerk
AMENDMENT TO PRE-ANNEXATION DEVELOPMENT AGREEMENT
FOR HECKER PASS
TIllS AMENDMENT (the "Amendment"), is made and entered into this _ day of 20
(the "Effective Date"), by and between the City of Gilroy, a municipal corporation (the "City"), and
Bonfante Gardens, Inc., a Delaware nonprofit corporation ("Bonfante Gardens"), and is made with
reference to the following:
RECITALS
A. This Amendment is to that certain Pre-Annexation Development Agreement for Hecker
Pass, dated April 1, 1997 (the "Agreement"), made and entered into by and between the
City 'and Bonfante Gardens' predecessor-in-interest, Nob Hill General Store, Inc., a
California corporation, covering the "Project" (as such term is defined in the Agreement),
in Gilroy, California, being recorded on August 5, 1997, as Document Number 13801120,
in the Official Records of the County Recorder for the County of Santa Clara, State of
California, being legally described in Exhibit "A", attached hereto.
B. Pursuant to City of Gilroy Ordinance Number 2002-6 and subsequent resolutions adopted
by the City, there are 99 Residential Development Ordinances allocated, by the City, to a
parcel ofland, consisting of approximately 32.7 acres, being a portion of Assessor Parcel
Number 810-20-16, and being more specifically described in Exhibit "B", attached hereto
(the "Surplus Parcel").
C. On or about March 25, 2004, Bonfante Gardens entered into that certain Purchase
Agreement pursuant to which it agreed to sell the Surplus Parcel to Shapell Industries,
Inc., a Delaware corporation ("Shapell").
D. Bonfante Gardens desires to remove the Surplus Parcel from the scope of the Project and
terminate the Agreement as to such parcel, in order to consummate the sale of such parcel
to ShapelI.
E. The City has determined that the development of the Surplus Parcel for single-family
residential purposes is consistent with the City's General Plan and that proper notice of
intent to amend the Agreement was provided in accordance with the provisions of S S
65867 and 65868 of the California Government Code.
1.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained in the
foregoing Recitals and the mutual covenants and promises of the parties hereinafter set forth, the
parties agree as follows:
. -.1-:---- in-curooration of Recitais: The.aoove-Recitaisareincorpora:fedlfilot IiTsKmefidmerif
as if set forth if full.
2. Amendment of Agreement. Notice of this proposed Amendment having been given
in accordance with the provisions of ~~ 65867 and 65868 ofthe California Government Code, the
parties agree that on the Effective Date of this Amendment, the Agreement is amended as follows:
(a) The terms "Property" and "Project", as defined in the Agreement, are hereby
amended by deleting the Surplus Parcel therefrom. Accordingly, from and after the Effective Date of
this Amendment, the Agreement shall be deemed terminated and of no force or effect as to the
Surplus Parcel.
(b) Section 13 of the Agreement, is hereby amended to provide that any notice to
Bonfante Gardens, as a Developer under the Agreement, shall be given as follow:
Bonfante Gardens
3050 Hecker Pass Highway
Gilroy, California 95020
Attn. Robert Kraemer
With copy to: .
David L. Nevis
Miller, Morton, Caillat & Nevis
25 Metro Drive, 7th Floor
San Jose, CA 95110
3. Recordation. The City shall, by and through its clerk, cause this Amendment to be
recorded in the official records of the County of Santa Clara, State of California, within 10 days of the
Effective Date.
4. Miscellaneous Provisions.
(a) Amendment and Waiver. Neither this Amendment nor any provision hereof
may be amended, modified, or supplemented except by a writing signed by the party hereto to be
obligated thereunder.
(b) Successors and Assigns. This Amendment shall be binding upon and inure to
the benefit of the respective successors and assigns of the Parties.
(c) Governing Law. This Amendment shall be governed by and construed in
accordance with the laws of the State of California without reference to its choice oflaw provisions.
2 .
( d) CounteJ.])arts. This Amendment may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the same
Agreement. For all purposes, including recording, filing, and delivery of this Agreement, duplicate
unexecuted and unacknowledged pages of any counterparts may be discarded and the remaining
-pages assembiedasonedocument;--------m------- m_nn_m ___un. .--------
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year
first above written
AUTHORIZED SIGNATURE OF CITY TO AMENDMENT
"CITY"
City of Gilroy, a municipal
corporation
By:
Print Name
Title:
ATTEST:
City Clerk
Approved as to Form:
By:
Its City Attorney
AUTHORIZED SIGNATURE OF BONFANTE GARDENS:
BONF ANTE GARDENS
Bonfante Gardens, a Delaware nonprofit
Corporation
By:
Robert P. Kraemer, President
3.
State of California
County of
)
) ss.
)
On , before me,
Notary Public, State of California, personally appeared
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 shelhe/they executed the same in herlhis/their authorized capacity(ies), and
that by herlhis/their signature(s) on the instrument the person or the entity(ies) upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
State of California
County of
)
) ss.
)
On , before me,
Notary Public, State of California, personally appeared Robert P. Kraemer 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 shelhe/they executed the same in
herlhis/their authorized capacity(ies), and that by herlhis/their signature(s) on the instrument the
person or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
4.
EXHIBIT "AI!
LEGAL DESCRIPTION OF PROJECT
. u. u___ rro-BE ATTACHED] ,-
5.
SEP, 4.2003 3: 23PM
Order No: 988684
CHICAGO TITLE DEPT.
-RAG
NO. 7601
P. 4
1
DESCRIPTION
All that certain Real Properey in the Unincorporated Area of the County of Sanea
u tlara,Sta~e-of CalH'orriia,--descrioed as follow6:---- - -------------- - ---------
PARCEL ONEs 783-05-011 ~ 013
Beginning at the point of intereeccion of the Northeasterly line of Hecker Pass
Highway, as said line was establi~hed by Parcel One in the Deed from the De Bell
Corporation, a Corporation, to the State of California, dated June l2, ~957,
recorded July 30, 1957 in Book 3855 Official Records, Page 512, Santa Clara
County Records, with the Easterly line of that certain 24.07 acre tract of land
described in the Deea !romJack De Bell et ux, to Louis A. Filice, et UX, dated
September ~5, 1954 recorded october 19, 1954 in Book 2986 Official Records, Page
527, Santa Clara County Records; thence from said Point of Beginning South 60 deg
42' 34" East along said Northeasterly line of Hecker Pass Highway for a distance
of 599.78 feet; thence Southeasterly continuing along said last mentioned line
along an arc of' a curve to the left, tangent to the preceding course, with a
radius of 1450.00 feet, through a central angle of 14 deg 52' 00", for an arc
distance of 376.24 feet to the point of intersection thereof with the
Southeasterly prolongation of a Westerly line of that certain 3.728 acre tract of
land described in that certain final order of condemnation entered on November 3,
1958 in the Superior Court of the State of California, in ana for ~he County of
Santa. Clara in that certain action entit.led, "The people of the Staee of
California, Acting By and Through the Department of Public Works, Plaintiff, vs.
Louis A. Felice et al, Defendants Case No. 10.3483,11 a certified copy of which
order was filed for record in the Office of the Recorder of the County of Santa
Clara, State of California, on November 3. 195B in Book 4213 Official Records,
Page 701, Santa Clara County Records (shown as South 33 deg 16' 39" East 246.03
feetj thence North 33 deg 16' 3011 West along said prolongation and the said
Westerly line of the 3.729 acre tract for a distance of 376.66 feet to the
Northwescerly corner of said 3.728 acre tract, said point also being the
Southwesterly corner of that certain 1.567 acre tract of land described as Parcel
Two in the Deed to said State of California above referred to; thence North 24
deg la' 19" West along the Westerly line of said 1.567 acre tract for a distance
of 94.17 feet, thence North 37 deg 18' 0711 East continuing along said Westerly
line of the 1.567 acre tract and its Northeasterly prolongation for a distance of
254.41 feet to the Northeasterly corner of that cer~ain tract of land described
in the Deed from the Seate of California, to the De Bell Corporation, a
California Corporation, dated August 30, 1957, recorded Sepeernber 27, 1957 in
Book 3900 Official Records, Page 632, Santa Clara County Records; thence North 88
deg 39' 04" West along the Northerly line of land so described in the Deed to
said De Bell Corporation for a distance of 433.45 feet to the Northwesterly
corner thereof; thence South 1 deg 47' West along the Westerly line of land so
described in the Deed to said De Bell Corporation for a distance of 64.46 feet to
the Southwesterly corner thereof in the Northerly line of that certain 160.91
acre tract of land described as Parcel Three in the Deed from Jack De Sell et ux,
to the De Bell Corporation, a California Corporation, dated Oceober 26, 1956,
recorded April 29, 1957 in Book 3796 Official Records Page 463, Santa Clara
County Recordsj thence North 88 deg 13' West along said Northerly line of the
160.91 acre tract for a distance of 291.56 feet to the Northeasterly corner of
the said 24.07 acre tract above referred to; thence Sou~h 23 deg 11' Wes~ along
the Easterly line of said 24.07 acre tract for a distance of 130 feet more or
DESCRSO -LZ{0.4/!ll AA
SEP1 4.2003 3: 24PM
CHICAGO TITLE DEPT.
,NO. 7601
P. 5
order No: 986684
-RAG
2
DESCRIPTION
less l:o-the- Point ot ae9-iIm-ing~
Excepting from the above described Parcel One, the following described parcel of
land:
Beginning at the point of ineersection of the Northeasterly line of Hecker Pass
Road, as said line was established by Parcel 1 in the Deed from De Bell
Corporation, a Corporation, to the Seate of California, dated June 12, 1957,
recorded July 30, 1957 in Book 3855 Official Records, Page 512, Santa Clara
county Records, with the Northwesterly line of that certain 160.91 acre tract of
land described as Parcel Three in the Deed from Jack De Bell et UX, to the De
Bell Corporation, a California Corporation, dated October 26, 1956, recorded
April 29, 1957 in Book 3736 official Records, Page 463, Santa Clara County
Records; thence from said Point of Beginning South 60 deg 42' 34" Eaetalong said
Northeasterly line of Hecker Pass Road, for a distance of 80.00 feet, thence
leaving said last mentioned line and running North 29 deg 17' 26" East J.70 feet,
more or less, to the point of intersection thereof with the Southwesterly line of
the Old Hecker Pass road; thence South ~6 deg 15' East along said Sou~hweeeerly
line of the Old Hecker Pass Road for a distance of 270.00 feet; thence leaving
said last mentioned line and running North 23 deg 00' East ~~.6 feet to the True
poine of Eeginning of the tract of land to be described; thence from said True
Point of Beginning North 67 deg 00' West 10.00 feet: thence at right angles North
23 deg 00' East 20.00 feet; thence at right angles South 67 deg 00' East 20.00
feet; thence at right angles South 23 deg 00' West 20.00 feet; thence at right
angles North 67 deg 00' West 10.00 feet to the True Point of Beginning.
(783-05-012)
PARCEL ~O: 793-05-012
Beginning at the point of intersection of the Northeasterly line of Hecker Pass
Road, as said line was established by Parcel 1 in the Deed from the De Eell
Corporation, a Corporation, to the State of California, dated June 21, 1957,
recorded July 30, 1957 in Book 3855 Official Records, Page 512, Santa Clara
County Records, with ~he Northwesterly line of that certain 160.91 acre tract of
land described as Parcel Three in the Deed from Jack De Bell, et ux, to the De
Bell Corporation, a California Corporation, dated October 2G, l~SG, recorded
April 29, 1957 in Book 3736 Official Records, Page 463, Santa Clara County
Records: thence from said Point of Beginning Souch 60 deg 42' 34" Bast along
said Southeasterly line of Hecker Pass Road for a distance of eo.oo feet, thence
leaving said last mentioned line and running North 29 deg 17' 20" East 170 feet,
more or less, to the point of ineersection thereof with the Southwesterly line of
the Old Hecker Pass Road; chence South 66 deg 15' East along said Southwesterly
l~ne of the Old Hecker Pass Road for a distance of 270.00 feet; thence leaving
said last mentioned line and running Nor~h 23 deg 00' Eae~ 99.6 feet to the True
Point of Beginning of the tract of land to be described; thence from said True
Point of Beginning North 67 deg 00' West 10.00 feet; thence a~ right angles North
23 deg 00' East 20.00 fee~: thence at right angles South 67 deg 00' East 20.00
feet; thence at right angles South 23 deg 00' West 20.00 feet; thence at right
angles North 67 deg 00' West 10.00 feet to the True Point of Beginning.
PARCEL THREE: 810-17-026, 029; 810-18-002; 810-19-005, OlD, 011, 012, 810-19-007
t)I\SC:~o - U/04/71 AA
SEP;, 4.2003 3:24PM
CHICAGO TITLE DEPT.
NO. 7601
P. 6
Order No: 988684
-RAG
3
DESCRIPTION
A porticn of Parcels One and Four as show~ on that Parcel Map recorded in Book
494 of Maps at Page 43. Santa Clara County, and a Portion of Lands of Blocher, I
3Gl O.R. 202, Santa Clara County Records, described as follows:
Beginning ae a Point on the West Line of said Parcel four, said Poine also being
at the Northeastern most corner of Parcel Three as shown on said Parcel Map said .
Point aleo lying on the West line of Lands of Nob Hill General Store, Inc., a
California Corporation, as described in that Deed recorded in K80S of official
Records at page 1589, Santa Clara County, and proceeding along the Westerly,
Southerly, Easterly and Northerly lines of said Parcel four and said lands of Nob
Hill the following courses:
COURSE NO.
1. S Odes. 03' 40" W 778.37 feet
2. East 70.00 feet
3. S 17 deg. 45' 49" E 294.02 feet
4. West 160.00 feet:.
S. S 0 deg. 03' 40" W 4J.8.87 feet
6. S o deg. 13' 40" W 4094.58 feet.
7. East 1254.00 feet
8. N 0 deg. 14' E 4527.60 feet
S. N 0 des. 02' W 1672.30 feet
10. N 67 des. 23' W 262.00 feet
11. N 49 deg. 20' 30" W 98.97 feet
12. N 31. deg. 26' W 154 . 34 feet
13. S 37 deg. la' 09 W 85.46 feet
14. N 42 deg. 54' 55" W 294.26 feet
15. N 38 deg. 11' 51" W 55.00 feet
16. N 72 deg. 45' 58" W 83.84 feet
17. S 66 deg. 33' 05 " W 57.3J. feet
lB. N 69 deg. 23' 35 " W 301.68 feet
to the Easternmost corner of those lands conveyed co the State of California by
J627 of Official Records at page 127l, Santa Clara County; thence along che
Southerly line of last said lands S 83 deg. 53' 57" W 44.J.3 feet; thence
Northwesterly along a 1585 Foot radius curve to the right, trom a tangent ~earing
N 82 deg. 52' 34" W., said curve having an int:erior angle ot 18 deg. SO' 48", and
a length of 521.36 feet to a point ly~ng 91.84 feet Southerly along the said 1585
Foot radius curve from an angle point in last said Southerly line; thence S 0
deg. 09' W 419.62 feet; thence S 17 deg. 14' 00" E 810.00 feet; thence S 20 deg.
16' 11" VI 194.80 feet to a point on the Northeasterly line of said Pareel Three,
last said point being N 69 deg. 43' 49" W 288.41 feet from the Northeasterly
corner of said Parcel Three; thence S 69 deg. 43' 49" E. 288.41 feet to the Point
of Beginning.
Excepting from the above described Parcel Three. the following described parcel
of land;
Beginning at the Northeastern most corner of said Parcel Four and proceeding S 00
DP.sCRSO ..12/0A/91 AA
SEP" 4.2003 3: 25PM
CHICAGO TITLE DEPT.
NO. 7601
P. 7
order No: 989664
-RAG
4
DESCRIPTION
deg .0-9-'--33 n E --al-ong the- East line of 5aid-paJ;cel--FourT-2-6-9T-S-l-f--eet--t~-th-e- - ..
Westerly terminus of the Northeast line of a Pedestrian/Equestrian Easement as
shown on Parcel One on that Parcel Map recorded in Book 663 of Maps at Pages 13
and 14, Santa Clara County Records; thence N 30 deg. 15' W 412.10 feet more or
less to a point on the Northeasterly line of said Parcel Four; thence S 67 deg.
23' E 224.09 feet along last said line to the Point of Beginning. .
PARCEL FOUR = 810-17-014, 015, 021, 024, 025
A portion of Parcels Two and Three as shown on thac Parcel Map recorded in Book
494 of Maps, at page 43, Santa Clara County Records, lying in Santa Clara County,
California, described as follows:
Beginning at a point on the South line of said Parcel Two, said point lying S 89
deg. 3S' 00 II W 145 _ 44 feet from che Southeasterly angle point in said Parcel Two,
last said angle point being produced by the courses S 17 deg. 40' 40" W 105.66
feet and S 89 deg. 35' 00" W 426.05 feet as shown on said Map; chence along the
following courses~
COURSE NO.
lo N 19 deg. 21' 40" E 417.99 feet
2. N 76 deg. 19' 19" W 13.90 teel:
3. N 17 deg. 40' 40" E 1089.46 feet
4. N 64 deg. 2." 00" E 206.60 feet
to a point on the Northeasterly line of said Parcel Two, said poinl: lying N 69
deg. 43' 49" W 9.45 fe,et from the Northeastern corner of said Parcel Two; thence
alons the Northestern Line of said Parcels Two and Three and along the Easterly
and Southerly line s of said Parcel Three the following courses;
COURSE NO.
5 - S G9 deg. 43' 49" E 689.53 feet
6. S. 0 des. 03' 40" W 776.37 feet
7. East 70.00 feet
a. S 17 des. 45' 49" W 294.02 feet
9. West 160.00 feet
10. S 0 deg. 03' 40" W 350.00 feet
11- N. 78 deg. 40' 00" W 1134.00 feet
12. S 17 deg. 40' 40 II w 105.66 feet, and
13. S B9 deg. 35' 00" w 145.44 feet
to the point of beginning.
PARCEL FIVE:
A non-exclusive easement for Ingress and Egress and for the installation and
maintenance of public utilities, appurtenant to the above described parcels, over
a strip of land 60.00 feel: in width, lying lO.OO feet Westerly of and 50.00 feet
Eae~erly of the following described line:
OCSC\1.S0 --12/04/91 ^^
SEP., 4.2003 3: 25PM
CHICAGO TITLE DEPT.
NO. 7601
P. 8
Order No: 988684
-RAG
5
DESCRIPTION
"
Beginning at a point in the Southwesterly line of the State Highway
IV-SCI-32D-1957, dietant thereon South 60 deg 14' 20" East 232.40 feet !rorn a
concrete monument at Station 325 57.01 E. C. of said Highway and running thence
South 57 deg 45' 40" West 161.79 feet; South 41 deg 31' 40" West 262.30 feet;
South 31 deg 44' 40" West 311.70 feet; South 3 deg 19' 10" West 344.34 feet;
South 23 deg 29' SO" East 166.48 feet; thence Southwesterly 150 feet, more or
less, to a point which bears South 71 deg 14' 02" East 94.02 feet and North 19
deg 29' 13" East 110.0 feet from the most Easterly corner of Parcell, as said
Parcel is shown upon that certain Map entitled, "Record of Survey being a portion
of the solis Rancho", which Map was filed for record in the Office of the
Recorder of the County of Santa Clara, Scate of California on December 7, 1967 in
Book 231 of Mapa, at Page 22; thence South 19 deg 29; 13" West 110.00 feet and
the terminus of said easement, said easement is appurtenant to and for the
Benefit of Parcels Three, Four ana Seven.
PARCEL S:IX;
A non-exclusive easement for Ingress and Egress and for the installa~ion and
maintenance of public utilicies and for water ~ipe lines, appur~enant to the
above described parcels, over an exi5ting roadway 60.00 feet in width, the center
line of which is described as follows;
Beginning at the point of intersection of the Easterly line of chat certain
lSO.9l acre tract of land described as Parcel Three in the Deed from Jack De
Bell, et ux, to the De Eell Corporation, dated October 26, 1956, recorded April
29, 1957 in Book 3786 Official Records, page 463, Santa Clara County Records,
with the Southwesterly line of Hecker Pasa Road, as said line was established by
Parcel One in the Deed from the De Eell Corporation, to the State of California
dated June 12, 1957, recorded July 30, 1~57 in Book 3655 Official Records, page
512, Santa Clara County Records; thence from said point of beginning South 0 deg
OS' 19" West along said Easterly line of the 160.91 acre tract for a distance of
1370.09 feet to the True Point of Beginning of the easement to be described;
thence from said True Poin!: of Beginning North 69 deg. 43' 49" West 1460.17 feet
to the terminus of said easement, said easement is appurtenant to and for the
Benefit of Parcels Three and Four.
Excepting therefrom all that portion thereof lyinS within the above described
Parcels Three and Four.
PARCEL SEVEN: 810-18-010, 011
All of Parcel Two, a.s shown upon chat certain Map entitled. "Parcel Map, being a
portion of the Las Animas Rancho", ~hich Map was filed for record in the Office
of the Recorder of the County of Santa Clara, State of California on October 12,
1993 in Book 650 of Maps, at Page 4~.
PARCEL EIGHT:
An ea!ement 40 feet in width for ingress and egreee and public utilities the
centerline of said easement described as follows:
DESCll.SO - lZ/Il4/91 M
SEP" 4.2003 3: 25PM
Order No: 988684
CHICAGO TITLE DEPT.
-RAG
NO. 7601
P. 9
6
DESCRIPTION
,
Commencing at a point in the centerline of that 60 foot wide eaeemene recorded in
Book 7981 of Official Records at Page 56, Santa Clara County Records, said point
being the northeast terminius of that course shown as No. 16 on that Parcel Map
recorded in Book 494 of Maps, at Page 43, Santa Clara County Records and
proceeding S 20016'11" W 30.00 feet to a point on the southweseerly line of said
easement to the Point of Beginning; thence from said Point of Beginning S 27003' W
28.19 feet to station "A"; thence along a curve to the right with a radius of 40
feet at an a.ngle of 60.00 feet for a dietance of 41.B9 feet to station "B";
thence S 8700)' W 28.00 feet to station Ci thence along a curve to the left with a
radius of 85.47 feet at an angle of 70033'08" for a distance of 105.24 feet to
station flD"; thence S 16029' 52"W for a distance of 224.83 feet to station "E" i
thence on a curve to the left with a ra~iue of 457.22 feet at an angle of
18037'52"- for a distance of 14a.~a feet to station "F"; thence S 2008' E for a
distance of 32.2~ feet to station "G"; thence on a curve to the right 'Wieh a
radius of 196.58 feet at an angle of ~l046' for a distance of 143.30 feet to
station "H"; thence S 3903B' W for a distance of 151.72 feet to station "!";
thence on a curve to the left 'With a radius of 250.00 feet at an angle of 45.000
for a di5tance of 1915.34 feet to station IIJII; thence S 5022' E 110.00 teet to
station "K"; -chence on a curve to the right: with a radius of 414.00 feet at an
angle of 21010' for a distance of 152.94 feet to station "L"; thence S 15048' W
93.00 feet to station "M"; thence on a curve to the left 'With a radius of 243.00
feet at an angle of 30031' for a distance ot l29.42 feet to station "N";thence S
14043' E 456.60 feet more or lese eo a point on the south line of parcel two of
said parcel map, last said point being 152.52 feet westerly from the southerly
terminus of that course, (5 0025'00" E 89.33 feet), as shown on said parcel map,
to station "0", said easement if appurtenant to and for the Benefit of Parcel
Seven.
PARCEL NINE~
An easement for ingress and egress de5cribed as follows;
Beginning at the po1nc of beginning of the above described 40 toot wiae easement
and running S 159043'49" E 20.00 feet to the easterly line of said 40.00 foot wide
easement being the true point of beginning; t.hence S 159043'49" E along the
southwesterly line of the 60.00 foot easement (7981-or-56) 30 feet; thence 80
feet more or less southwesterly to the mid point (on the southeast line of above
described 40 foot easement) of the 40.00 foot radius (centerline) curve; thence
northeasterly along the southeasterly line of said 40.00' foot wide easement
above described 60 feet more or less to erue poine of beginning, said easement is
appurtenant to and tor the Benefit of Parcel Seven.
PARCEL TEN I
A 10 foot wide easement for ingress and egress. The easterly line of said
easement described as tollows;
Commencing at: above station ilL" and running S lS~4e'W 40.00 feet and N 74012' W
20.00 feet to the True Paine of Seginning; thence S 15048' W 53.00 feet; thence
southerly along a 263.00 foot radius curve ~o ehe left, having an interior angle
DESCI<SO ..I</Cl4/91 AA
S E P,. 4. 2003 3: 26 PM
CHICAGO TITLE DEPT.
NO. 7601
P. 10
Order No: 986684
- RAG
7
DESCRIPTION
Qf-ml-'-~2-S'--42"a di-stance--Of $0.00 feet ~o theterminusuo-f-sai-dueasemen-t, eaid-
easement is appurtenant to and for the Benefit of Parcel Seven.
P-UCEL ELEVEN:
An easement for ingress-egrees said easement described as follows:
Commencing at said station "0", and proceeding S 8~035' W along the Southerly line
of Parcel Two as shown on Parcel Map recorded in Book 494 of Maps at Page 43,
Santa Clara County Records 20.64 feet to the True Point of Beginning; thence
continuing S 6!P35' W 25.00 feet; thence N 37026'15" E 30.G6 feet to a point on
the southwesterly line of the 40 foot wide easement above described; thence S
14043' E 25.00 feet to the Point of Beginning, said eaeement is appurtenant to and
for the Benefit of Parcel Seven.
PARCEL TWELVE: Pcn.: e~O-20-012
Beginning at the Norcheaet corner of Parcel One as shown on that Parcel Map
recorded in Book 663 of Maps at Pages 13 and 14, Santa Clara County Records, said
corner being at the East: end of that course liS 89 deg. 59' 56" E."; chence along
the East, South and West lines of said Parcel One:
S 00 deg. 08' E 1239.38 feet,
N 89 deg. 52' 17" W 1675.00 feet,
N 00 deg. 09' 33" W 1402.67 feet
to a point on the Northeasterly line of the Pedestrian/Equestrian Easement shown
on said Parcel Map; chence Sou~heasterly and Easterly along last said line:
S 31 deg. 08' E 282.40 Feet,
155.45 feet along a tangent curve to the Left, Radius=~93.00
feet. interior angle+49 deg. 07',
256.30 feet along a compound curve to the left, radius=632.00
feet, interior angle=23 deg. 25',
N 76 deg. 20' E 499.27 feet
324.40 feet along a tangent cUrve to the right, radius=1360.00
feet, incerior angle=13 deg. 40',
East 8e.59 feet,
5.24 feet along a tangent curve to the left, radiue=65.00 feet,
interior angle"'4 deg. 37' 09" I
S 00 deg. 36' E 0.34 feet,
S 89 deg. 59' 56" E 240.84 feet to the Point of Beginning.
OescRSC) .. 11/041~1 AA
EXHIBIT "B"
LEGAL DESCRIPTION OF SURPLUS PROPERTY
-lTUBEA.ITACHEDr- -- ----
6.
07/08104 16:02 FAX 408 848 0302
RUGGERI JENSEN AZAR
@005
EXlllBIT A
LEGAL DESCRIPTION FOR
CERTIFICATE OF COMPLIANCE
LOT LINE ADJUSTMENT
PARCEL B
All that real property situated in the City of Gilroy, County of Santa Clara, State of California,
described as follows:
A portion of Parcel B, as said Parcel is described in that certain Certificate of CDmpliance for
Lot Line Adjustment filed for record as Document Number 14139227, Official Records of Santa
Clara County, California. being more particularly described as follows:
COMMENCING at southwesterly corner of said Parcel Bt said point also being the southerly
terminus Df the course designated as SOD02'E 1672,30 feet on that certain Lot Line Adjustment
Parcel Map filed for record in Book 494 of Maps, at Page 43, Records of Santa Clara County,
California. and the northwest comer of Lot 61, as said Lot 61 is shown Dn the map of Tract
9365, Eagle Ridge, filed for recDrd in BDok 748 of Maps, at Page 20, Records of Santa Clara
County, California; thence running along the southerly line of said Parcel B and northerly line of
said lot 61
a.) S89D52'17"E, a distance of 48.11 feet to the TRUE POINT OF BEGINNING; thence
leaving said southerly line of said Parcel B and northerly line of said Lot 61
1.) NOOD07'43"E, a distance of 178.08 feet; thence
2.) N04 D18'56"E, a distance of 178.81 feet; thence
3.) N02D29'27"E, a distance of 36,13 feel; thence
4.) N09D19'49"W, a distance of 120,58 feet; thence
5.) NOOD46'42"W, a distance of 146.48 feet; thence
6.) N21041'39"E, a distance of 190.51 feet; thence
7,) S63029'09"E, a distance of 72.82 feet; thence
8.) S88D13'32"E, a distance of 194.26 feet; thence
9.) N76D21'1 ailE, a distance of 402.59 feet; thence
10.) N84D51'07"E, a distance of 357.84 feet; thence
11.) S89D02'02"E, a distance of 222.92 feet; thence
12.) NSrS9'43"E, a distance of 330.76 feet to the easterly line of said Parcel B; thence running
along said easterly line
07/08/04 16:03 FAX 408 848 0302
KUb~hKl JhN~hN h~~\
EXHIBIT A
LEGAL DESCRIPTION FOR
CERTIFICATE OF COMPLIANCE
LOT LINE ADJUSTMENT
13.) SOQo08'OO"E, a distance of 934.99 feet to the southeasterly comer of said Parcel B, also
being an angle point in the northerly line of Lot 62 as said lot is shown on said map of
Tract 9365; thence leaving said easterly line and running along the southerly line of said
Parcel S, and the northerly line of said Lot 62
14.) N89052'17"W, a distance of 1,626.89 feet to the TRUE POINT OF BEGINNING.
Containing 1,424,288.90 square feet or 32.6972 acres, more or less.
END OF DESCRIPTION.
~vvu
a 71 0 & 10 4 16 : 03 FAX 40 B 84 B 030 Z
KUuu~K 1 J ~1~ ;:)Cl~ t\LdU\
HEcKER pASS HIGHWAY
I f'ISRI sTREET>
. N31'08'OO.W N90'OO'09"W N89'59'56"W
PARCEL 4 L::.:. 2824-0' 88.59. 24084'
494-M-43 L;::i::::..' ."\:. ~ . C~ '
TRANSFER [:.:.:.:.:.::.: 1409' ,,5 CO rj''t. "99.~1 ....:::....:.:,.:':.:".;.;.;.:.:.;.::,.:.;.:...:-:.:.:..,.:".:.:.:.~: >-
PARCEL LliliHi@y \-111')'2.0' ~..,.....':':.......,.:.;.:::::;;ii::::::~:S:EEWD~~:t.0::::,~;:::~:;:':;~: '5
inPA~ _~lllf'I_"II~I'::!l~; ~ ~
BONFANTE GARDEN w '&. ~ I;,::q La r 22292' :--
THEME PARK ~ a;tj.,;': ::; NEW LOT LINE 'I ~
I- 'N. f:'1 1m
o p~r::;::.~ . I~ Nt'!
-l 0 en I.;.J en ~ to N
~ ~o(::1, PARCEL B ~I ~ I
w 01::::::'-1'> DOCUMENT ;;:; !-
~ ~t:iyL3 #14139227 CJ11~ ~ k
u.. I.-:.J c-J I 0 0:: ~,
L--ri...J 10 rlO
48.11' r)\..- . IO
F: -l
: 1626.89'
P.O. B lTRANSFER PARCEL) - - - - - - N-89'52'17"W 1675.00":'(if - - --
P.O.C.(PARCEL B) T.P,O.B.(PARCEL B) LEGEND
P. 0 , C, POINT OF COMMENCEMENT
P.O. B , POINT OF BEGINNING
T . P . 0 . B . TRUE POIN T OF BEGINNING
PROPERTY BOUNDARY LINE
FORMER LO T LINE
------- NEW LOT LINE
EXISnNG LOT LINE
- - - - RANCHO LINE
TRANSFER PARCEL
TOTAL DIMENSION
RADIAL BEARING
PARCEL MAP - 494-M-4J
N04 '37'Og"\A,\(R)
NOO'36'00"W
S~..: 0.34'
DETAIL N89'59'56";;W-
N.T.S. 240.84'
1000
......
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0..."'1'
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UI
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"'l'
PARCEL A
DOCUMENt
4114139227
\
\
\
I
I
I
+ +
I I
L___________~
LINE
L1
L2
l3
L4
L5
L6
L7
LB
LINE TABLE
LENGTH BEARING
178.08' NOO'07'43"E
17S.81' N04'1S'SS"E
36.1.3' N02'29'27"E
1 20.58' N09'1 g' 49"W
146.48' NOO'46' 42"W
190,51' N21'4"39"E
72.82' N63"29'09"W
1 94.26' NB8'13'32"W
PARCEL MAP
PARCEL MAP
663-M-13
PARCEL MAP
316-M-4a
80-M- :2
TRACT 9365
748-M-20
NOTE:
BEARINCS AND DISTANCES ARE BASED ON
RECORD INFORMA TlON DESCRIBED IN THA T
CERTAIN LOT LINE ADJUSTMENT FILED AS
DOCUMENT #74139227. OFFICIAL RECORDS
OF SANTA CLARA COUNTY, CALIFORNIA.
CURVE TABLE .
LENGTH RADIUS
165.45' 193.00'
258.30' 632.00'
324.40' 1360.00'
5.24' 65.00'
CURVE
C1
C2
C3
C4
EXHIBIT B
PLAT TO ACCOMPANY CERTIFICATE OF
COMPLIANCE FOR LOT LINE ADJUSTMENT
illJUSTMENT OF "PARCEL E" AND "PARCEL e"
AS DESCRIBED IN THE LOT LINE ADJUSTMENT
RECORDED AS DOCUMENT #14139227
CITY OF GILROY, SANTA CLARA COUNTY, CAllFORNIA
r:".;.:.:.;.:.:,:.;.;,.;.;.:.:.:.:.:.:.:.:.;.;.:.:.:.:.:.;.;.:.;.:.:.:.::.:.:.:.:,:.;.::j
(T)
(R)
(R7)
I
N90'OO'OO.W
88.59'
DELTA
49'07'00"
23'25'00"
13'40'00"
4'37'09"
SCALE IN FEET: 1 u= 500'
ENGlfiEEflS '. PLANNERS ~ SURVEYORS
DATE:
7-01-2004
1500
I
JOB NO,:
032045
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2005-08 is an original ordinance, or a true and correct copy of a city ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
11th day of April, 2005, at which meeting a quorum was present, and has been published or
posted pursuant to law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 4th day of May, 2005.
(Seal)