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Rocca, Et AlDEVELOPMENT AGREEMENT BETWEEN CITY OF GILROY, A MUNICIPAL CORPORATION AND ROCCA, ET AL. This i s an Agreement b etween the C ity o f Gilroy, ( "City"), and Ju lius Rocca, Jr., and Michael Rocca, Successor Trustees of The Norma V. Barberi Revocable Living Trust (Executed December 28, 1993, also known as Amended and Restated Revocable Trust executed on April 30, 1997, as to an undivided 1/3 interest); Marcia Giachetti as Trustee of The Barberi Living Trust dated September 9, 1997, as to an undivided 1/3 interest; Anna Marie Barberi, Trustee of the Barberi Family 1989 Trust under revocable trust agreement dated July 31, 1989 - Marital Trust, and Richard Barberi or Rebecca G. Barberi, as Co- Trustees under the Barberi Family Trust, dated May 17, 2002, Joan L. Tassan, all as their interests may appear„ as to an undivided 1/3 interest, (collectively "Owners "). WHEREAS, City and Owners have entered into an Agreement for Purchase of Property. ( "Purchase Contract ") for the purchase of land described in Exhibit A. The City's real property and the Owners' real property are immediately adjacent to one another. As a condition of the Purchase Contract, the parties have entered into this Development Agreement. NOW, IT IS AGREED: During the term of this Agreement, the Owners shall maintain weed abatement in accordance with the standards and specifications generally applicable for weed abatement in the County of Santa Clara or the City of Gilroy, whichever is applicable to the real property on that portion of the City's property described in Exhibit A. Said weed abatement obligation shall run with the land of the Owners until such time as the City uses the real property described in Exhibit A for some material purpose other than installing and maintaining a water line. In that event, following a written request from any of the Owners, the City shall record a written release terminating obligations of the Owners under this Development Agreement and shall record the release in the Official Records. City and Owners agree that the Owners' property (APN 808 -21 -016 and referred to hereinafter as "Owners' Property") is currently used for agriculture. It is the intention of the City and Owners that this use shall continue forward until such time as the Owners seek and obtain approval for development. Further City and Owners agree that the land purchased by the City pursuant to the Purchase Contract was formerly part of the Owners' Property and used for agricultural production. Until such time as the Owners' Property is approved for development, the City and Owners anticipate that the Owners' Property will continue to be used for agriculture or lie fallow. Upon annexation to the City and approval by the City of development of the property described in Exhibit A with a condition of approval so providing, Owners agree to fulfill all the terms of this Agreement upon demand by the City as though each Owner had contracted with such City originally. The conditions of approval may include a requirement that the installation of curb, gutter, sidewalk, street, trees and other improvements along the street frontage of the Owners' Property and extend along the street frontage of the real property described in Exhibit A. W1616973.2 01 -060804 - UPDATUPD During the term of this agreement provided that City's only material use of the property described in Exhibit A is for the installation and maintenance of a waterline and provided that Owners' use of its property is for agricultural purposes, the City shall allow Owner to use the real property described in Exhibit A for bringing agricultural equipment onto and off of the real property described in Exhibit A and for turning around agricultural equipment that is otherwise being used on Owners' Property. This Agreement benefits, burdens and relates to the use, repair and maintenance of the real property described in Exhibit A. This Agreement benefits, burdens and relates to the use, repair and maintenance of Owners' Property. This Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties. Upon the sale or division of the property described in Exhibit A, the terms of this Agreement shall apply separately to each parcel and the owner of each parcel shall succeed to the obligations imposed on the Owners by this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement as of 7_ / (/I' ' .2004. APPROVED AS TO FORM: City A orney CITY OF w C r, BY: Michael Rocca, Successor Trustees of The Norma V. Barberi Revocable Living Trust (Executed December 28, 1993, also known as Amended and Restated Revocable Trust executed on April 30, 1997, as to an undivided 1/3 interest) BY: Julius Rocca, Jr., Successor T stees of The Norma V. Barberi Revocable Living Trust (Executed December 28, 1993, also known as Amended and Restated Revocable Trust executed on April 30, 1997, as to an undivided 1/3 interest) WH1616973.2 _2_ 01 -060804 - UPDATUPD /dove, � _ (' Id'. (,4 cA '. T s � e r. BY: Marcia Giachetti as Trustee of The Barberi Living Trust dated September 9, 1997, as to an undivided 1/3 interest BY: Anna Marie Barberi, Trustee of the Barberi Family 1989 Trust under revocable trust agreement dated July 31, 1989 - Marital Trust BY: Richard Barberi or Rebecca d. Barberi, as Co- Trustees under the Barberi Family Trust, dated May 17, 2002 W °% ��� ii VIM, wo UH1616973.2 01 -060804 - UPDATUPD �4icricnnv 1[:1y 4088423662 HANNA & BRU ETTI PAGE 82 LEGAL DESCRIPTION - LANDS TO SE CONVEYED EXHIBIT "A" ALL OF THAT CERTAIN REAL PROPERTY IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND DESCRIBED AS FOLLOWS: BEING A PORTION OF THAT CERTAIN PARCEL OF LAND SHOWN AS "I.OT 5 -. EMMA E. THOMAS TO G. BARBERI AND SONS, INC" AS SHOWN ON THAT CERTAIN RECORD OF SURVEY, WHICH WAS FILED ON MARCH 22, 1941, IN BOOK 6 OF MAPS, AT PAGE 7, OFFICIAL RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHWESTERLY BOUNDARY OF SAID "LOT 5 - ET AL ", SAID BOUNDARY BEING ALSO THE SOUTHEASTERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND SHOWN AS 'PORTION OF LOT 5 TO BE RETAINED BY EMMA E. THOMAS", AS' SHOWN ON SAID RECORD OF SURVEY, SAID POINT BEING N89002'00'W 67.05 FEET FROM THE MOST SOUTHEASTERLY CORNER.OF SAID "PORTION OF LOT 5 TO BE RETAINED BY EMMA E. THOMAS ", THENCE LEAVING SAID NORTHWESTERLY AND SOUTHEASTERLY BOUNDARY S25064'19'E 129.55 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 710.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE. THRU A CENTRAL ANGLE OF 8 °3145', AN ARC DISTANCE OF 105.59 FEET; THENCE S17023'04 "E 147.54 FEET TO THE TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 690.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, THRU A CENTRAL ANGLE OF 5039'02", AN ARC DISTANCE OF 68.05 FEET; THENCE S23002'06 0E 110.69 FEET TO A POINT ON THE LINE BETWEEN LOTS 5 AND 6 AS SHOWN ON THAT CERTAIN MAP ENTITLED "MAP OF MASSEY THOMAS" SENIOR SUBDIVISION OF LAS ANIMAS RANCH LOT NO. 15 AND RECORDED IN BOOK 'G' OF MAPS, PAGE 59 OF THE OFFICIAL RECORDS OF SAID COUNTY, LYING DISTANT THEREON S890O9'00'E 51.06 FEET FROM THE INTERSECTION OF SAID LINE WITH THE MOST SOUTHEASTERLY CORNER OF A PORTION OF LAND DESCRIBED IN A GRANT DEED TO THE SANTA CLARA VALLEY WATER DISTRICT IN BOOK K443 OF OFFICIAL RECORDS AT PAGE 633; THENCE N89009100"W 51.08 FEET ALONG SAID LINE BETWEEN LOTS 5 AND 6 TO SAID SOUTHEASTERLY CORNER; THENCE LEAVING SAID LINE AND CORNER ALONG THE EASTERLY BOUNDARY OF SAID PORTION OF LAND N15030'00"W 217.62 FEET TO THE BEGINNING OF A CURVE TO THE LEFT AND HAVING A RADIUS OF 900.00'; THENCE NORTHERLY ALONG SAID CURVE THRU A CENTRAL ANGLE OF 22 020'29, AN ARC DISTANCE OF 350.94 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PORTION OF LOT 5 TO BE RETAINED BY EMMA E. THOMAS AND THE MOST NORTHHEASTERLY CORNER OF SAID PORTION OF LAND; THENCE LEAVING SAID CORNER ALONG SAID SOUTHERLY LINE S69 °02'00 "E 59.37 FEET TO THE POINT OF BEGINNING. CONTAINING 0.44 ACRES OF LAND (19,382 SQUARE FEET), MORE OR LESS. PREPARED BY THE FIRM OF HANNA AND. BRUNETT I, GILROY, CA EXHIBIT A fJY/ L (I LCJVY tG [7 %VUU4ZJbbY KA" & BRI_M-ffI PAGE 93 N _ WEST LUCHESSA AVENUE b N • 0 S 4y N89'02'oo "W \ \ P.O.B. yOS 59.3 67.05' `SOJ 2�• O' !�'A` O 9A �po Oa �o 32091 ti �o °< C 2p •�j`�y e - y a QROFESSIO aa. 7 R.B,QG���Z °N Q• W N0. 171 86 * Exp. 6 -30 -05 : LAND TO BE CONVEYED , P 19,382 sq. ft. x, VIVIL N $ 0 0.44 ocres s CAL f a_ `. , EXHIBIT "S PLAT TO ACCOMPANY LEGAL DESCRIPT10N PORTION OF LOT 5 AS SHOWN ON THAT CERTAIN RECORD OF SURVEY, WH1CN WAS FILED FOR RECORD IN BOOK 6 OF MAPS, AT PAGE 7 CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA MARCH, 2004 SCALE 1" = 80' 0 a►cD 1 0.1 a 70 p0 LOT 6 "p" M 69 SHUT OW of a9 SM JN 04026