Deferred Agricultural Mitigation Agreement - Luchessa Road, LLC
Accom: 06-4331-002
DOCUMENT: 18801700
. II 111111111111111111 II III II II
Pages: 1 5
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Fees.
Taxes.
Copies
AMT PAID
49 00
49 00
City of Gilroy
Attn: Rhonda Pellin, City Clerk
7351 Rosanna Street
Gilroy, CA 95020
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
First American Title Company
RDE ** 005
2/09/2006
8:00 AM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT FOR DEFERRED AGRICULTURAL MITIGATION
BY AND BETWEEN
THE CITY OF GILROY AND
LUCHESSA ROAD, LLC
THIS DEFERRED AGRICULTURAL MITIGATION AGREEMENT ("Agreement") by and
between the City of Gilroy, a California municipal corporation ("City"), and Luchessa
Road, LLC, a California limited liability company, ("Developer"), is entered into this
January 23rd day of 2006 ("Effective Date").
RECIT ALS
A. By its Resolution number 2004-45, the Gilroy City Council approved an
Agricultural Mitigation Policy to Implement the General Plan 2020 Environmental Impact
Report ("EIR") Partial Mitigation Measure 4.4-A for Significant Environmental Impacts on
Agricultural Uses. This Agreement is entered into pursuant to the terms of that Policy.
B. The EIR would otherwise have required the mitigation to take place at the
first application to convert agricultural property to an urbanized use, but the Agricultural
Mitigation Policy allows a deferral of the fulfillment of the mitigation, in this instance by
payment of a fee, by entering into this Agreement establishing the timing and specific
criteria for the mitigation.
C. Section 1.02(B)(3) of said Policy allows mitigation to be accomplished by
specific methods, among which is the payment of certain in-lieu fees based on the
appraised fair market value of development rights in certain agricultural areas, which
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are identified in Figure 4.4-2 and Table 4.4-5 of the City of Gilroy's General Plan 2020
EIR, and payment of all normal and customary administrative and transactional fees of
the City charged on a cost recovery basis. The City has determined, based on the
location of and the relatively small number of acres of prime agricultural land that is
being displaced, that this project is eligible for mitigation by in-lieu fees.
D. Developer is proposing a housing and neighborhood-serving commercial
development on approximately twenty-five and 69/100 (25.69) acres of real property
located in a currently unincorporated area of Santa Clara County, contiguous to the City
of Gilroy and within its sphere of influence.
E. The proposed development will cause the loss of approximately twenty-
five and 69/100 (25.69) acres of prime agricultural land as described in the EIR for the
project. The property is located within the Required Mitigation Areas, as defined below,
and is subject to the requirement to mitigate the development's impact on the protected
lands.
F. Developer has applied to the City for prezoning of the property from A-
20(County district) to ND(Neighborhood District), and for inclusion within the City's
urban service area boundary, requesting that the City initiate said proceedings with the
Local Agency Formation Commission.
G. Developer will thereafter petition the City to annex the property, and if it is
annexed, for other required entitlements in order to develop the project.
H. The size of the area of the property requiring mitigation will be determined
with the processing of the first tentative map for the property, based upon the
calculation of developable area as set forth in the Agricultural Mitigation Policy.
NOW, THEREFORE, in consideration of the foregoing recitals and of the
covenants and conditions contained herein, the Parties agree as follows:
1. Definitions.
Agricultural Mitigation Fee: shall have the meaning set forth in Section 2 herein.
CEQA: shall mean the California Environmental Quality Act.
Developable Area: shall have the meaning set forth in Section 3 herein.
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EIR: shall mean an Environmental Impact Report.
LAFCo: shall mean the Local Agency Formation Commission.
Policy: shall mean the Agricultural Mitigation Policy adopted by the City Council of the
City of Gilroy by Resolution number 2004-45.
Project: shall mean a housing and neighborhood-serving commercial development as
described in the Subsequent EIR entitled "Barberi Urban Service Area Amendment (04-
02)".
Property: shall mean Developer's property consisting of approximately twenty-five and
69/100 (25.69) acres, located in an unincorporated area of Santa Clara County,
contiguous to the City of Gilroy and within its sphere of influence, which Property is
further described in the attached Exhibit A.
Required Mitigation Areas: shall mean those certain agricultural areas identified In
Figure 4.4-2 and Table 4.4-5 of the City of Gilroy's General Plan 2020 EIR.
2. Aareement to Pay Aaricultural Mitiaation Fee. Developer agrees to
pay City an "Agricultural Mitigation Fee" in accordance with the terms herein in an
amount equal to the fair market value of development rights on agricultural property,
located within the "Preferred Preservation Area" as defined in Section 1.01 of the Policy,
that is similar in use to the current use of the property, that is, irrigated row crop prime
farmland, which land shall be known as the "Mitigation Land." The required mitigation
shall be based on a one-acre to one-acre ratio for the agricultural land lost in the
Developable Area of the Project. The Fee shall also include payment to the City for an
appraisal of the Mitigation Land as further described in Section 4 below, and all normal
and customary administrative and transactional fees, including staff time and attorneys'
fees, incurred by the City and charged on a cost recovery basis.
3. Determination of Developable Area. Upon issuance of the tentative
map, City shall determine the total acreage of the Developable Area upon which the
Agricultural Mitigation Fee shall be based. The Developable Area shall be established
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by calculating the total acreage of that portion of the Property being converted from
agricultural use to a non-agricultural use, and subtracting the acreage dedicated to the
following uses therefrom:
a. Lands dedicated for lanes, median islands, bike lanes and pedestrian facilities
which qualify for reimbursement of funding from the City's Traffic Impact Fund
and are not required solely due to the proposed Project; and
b. Any area intended for City public facilities as set forth in the City's General
Plan or Parks Master Plan, that is adjacent to City roads and with nearby City
infrastructure that can serve the Project.
4. Appraisal. Concurrently with the filing of an application to the City for the
first tentative map in connection with the Property, City shall require Developer to pay a
deposit of no less than Five Thousand Dollars ($5000) to be used toward costs of the
appraisal and City costs in connection therewith. The City shall give the Developer a list
of not fewer than two eligible appraisers who have the MAl designation and have
experience in appraising properties in the South County area, from which list Developer
may select the appraiser. Upon approval of the first tentative map, City shall cause the
appraiser to determine the fair market value of the development rights for the Mitigation
Land. City, at City's sole option, (i) may from time to time require a further deposit or
deposits from Developer to cover the price of the appraisal and all administrative and
transactional fees, including staff time and attorneys' fees, incurred by the City on a cost
recovery basis; or (ii) bill the aforementioned costs to the Developer, minus the deposit,
after completion of the appraisal. Developer shall pay said costs within ten (10) days of
receiving such invoice from City.
5. Calculation and Payment of Aaricultural Mitiaation Fee. After
completion of the appraisal, City will calculate the Agricultural Mitigation Fee and
provide Developer with its written determination thereof. Payment of the Agricultural
Mitigation Fee shall be made a condition of the tentative map, to which condition
Developer consents and agrees not to object, appeal, or protest. Developer shall pay
the Agricultural Mitigation Fee, minus any unused and unencumbered deposits made by
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Developer to City, prior to City's approval of the first final map for the Property.
Adjustment of the Agricultural Mitigation Fee established hereunder is limited by the
Policy to no more than every two years.
6. Termination of Aareement.
(a) Termination: This Agreement shall terminate, at the option of City in its
sole discretion, on the occurrence of any of the following events:
(1) Bankruptcy or insolvency of Developer.
(2) Assignment of this Agreement by Developer without consent of City.
(b) Developer Default. Should Developer default in the performance of this
Agreement or materially breach any of its provisions, City, at City's option,
may terminate this Agreement by giving written notification to Developer.
(c) Effect of Termination. If this Agreement is terminated for any reason, then
if a final determination has been made by LAFCo to include the property in
the City's urban service area boundary, the full Agricultural Mitigation Fee
is due and payable to City within 30 days of City's notice to Developer of
the amount of the Fee. If LAFCo has not made such a determination, then
upon termination of this Agreement, City's obligation to accept payment
hereunder as mitigation for the conversion of these certain agricultural
lands to an urbanized use shall cease, and City shall be free thereafter not
to issue any permits, maps or other approvals without requiring full
mitigation of the loss of the agricultural lands. Nothing contained herein
shall constrain the City or limit the City's discretion under CEQA or the
City's General Plan 2020 EIR or the Project's EIR to require full mitigation
of the loss of the agricultural lands.
7. Amendments or Modifications. No amendments, modifications,
alterations or changes to the terms of this Agreement shall be effective unless and until
made in a writing signed by both parties hereto.
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8. Assianment. This Agreement shall be binding upon and inure to the
benefit of each party hereto and their respective heirs, executors, personal
representatives, successors and assigns; provided, however, that Developer shall not
assign its rights under this Agreement before completion of construction of the Project
and any attempt to do so shall be void and of no force or effect. Notwithstanding the
foregoing prohibition on assignment, Developer shall have the right to assign its rights
under this Agreement at any time to a developer which has approximately the same or
greater experience, financial ability, and capability to complete the Project, upon the
consent of the City, which consent shall not be unreasonably withheld. Developer shall
promptly upon request by City furnish all documents or other information requested by
City in order to evaluate the requested assignment. Any assignee shall agree in writing
in form acceptable to the City to be bound by all provisions of this Agreement, as well as
any other conditions that City may reasonably require. Any assignment made without
the City's consent shall be null and void.
9. Attorneys' Fees. If any action at law or in equity is brought to enforce or
interpret the provisions of this Agreement, the prevailing party will be entitled to all costs
and reasonable attorneys' fees, which may be set by the court in the same action or in a
separate action brought for that purpose, in addition to any other relief to which that
party may be entitled.
10. Indemnity. Developer shall indemnify, protect, defend with counsel of
City's choice, and hold harmless City, its officers, officials, employees or agents thereof,
from any and all claims, actions, suits, proceedings, or judgments against the City and
any of its officers, officials, employees, or agents thereof, to attack, set aside, void or
annul, an approval of the City, including actions approved by the voters of the City,
concerning this Agreement.
11. Captions and Headinas. The captions and headings of the various
sections, paragraphs and subparagraphs of the Agreement are for convenience only
and shall neither be considered nor referred to for resolving questions of interpretation.
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12. Entire Aareement. This Agreement supersedes any and all prior
agreements, whether oral or written, between the parties hereto with respect to the
mitigation of the loss of agricultural lands and contains all the covenants and
agreements between the parties with respect thereto. Notwithstanding the above, this
Agreement does not supercede any agreements or requirements which may have been,
or will be, in the future, required of the parties pursuant to CEQA or other governing
laws. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any party, which are not embodied herein, and that
no other agreement, statement or promise not contained in this Agreement shall be
valid or binding.
13. Governina Law. This Agreement will be governed by and construed in
accordance with the laws of the State of California.
14. Notices. All notices necessary or convenient to be given hereunder shall
be given in writing by personal delivery, or by facsimile (with copy of such notice sent not
later than the next day by U.S. mail or overnight private courier in accordance with the
provisions herein), or by U.S. mail, or by overnight private courier. Facsimile notices shall
be deemed received on the day sent if sent prior to 5:00 p.m. Pacific Time on a business
day or, if sent after 5:00 p.m. Pacific Time or on a non-business day, then the notice will be
deemed received on the next business day. Notice by U.S. mail shall be deemed received
on the third business day following deposit into the U.S. mail. Overnight couriered notices
shall be deemed received the next business day following delivery to the private courier.
Mailed or couriered notices shall be addressed as set forth below, but either party may
change its address by giving written notice thereof to the other in accordance with the
provisions of this Article.
To City:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Attention: City Administrator
Facsimile: (408) 846-0500
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To Developer:
Luchessa Road, LLC
6300 Monterey Road
Gilroy, CA 95020
Attention: Michael McDermott
Facsimile: (408) 846-6207
With a copy to
Ralph Guenther, Esq.
Duffy & Guenther
149 Bonifacio Place
Monterey, CA 93940
Facsimile: (831) 649-5102
15. Time of the Essence. All dates and times referred to in this Agreement
are of the essence.
16. Waiver. Developer agrees that waiver by City of anyone or more of the
conditions of performance under this Agreement shall not be construed as waiver(s) of
any other condition of performance under this Agreement.
17. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute
one and the same instrument.
18. Amendments. The terms of this Agreement may not be modified or
amended except by an instrument in writing executed by each of the parties hereto.
19. Severability. If any provision of this Agreement is, or hereinafter IS
adjudged by a court of competent jurisdiction to be, for any reason void, unenforceable
or invalid, the remainder of this Agreement shall be and remain in full force and effect,
except that if Developer's payment obligations under this Agreement are determined to
be void, unenforceable or invalid, then this Agreement shall be deemed terminated.
20. Presumptions. The parties hereto have read this Agreement and have
had the opportunity to have counsel of their own review and advise them with regard to
the contents hereof. As a result, this Agreement shall be interpreted and construed only
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by the contents hereof, and there shall be no presumption or standard of construction in
favor of or against either party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
DEVELOPER:
CITY:
LUCHESSA ROAD, LLC
CITY OF GILROY
By: Giacalone McDermott Management, LLC
A Califor i limited' bility company, its Manager
7
. ~ ~
Social Security or Taxpayer
Identification Number:
"Z-o- ..1. 7tp?:1:{ s S-
Approved as to Form
cY~~
Linda Callon
City Attorney
Attesi:- 2
- . i~' ,,,
~-u~tJ'^- Jc/C-tA.A
Rhonda Pellin
City Clerk
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STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Agreement for Deferred Agricultural Mitigation by and between
the City of Gilroy and Luchessa Road, LLC
On January 24,2006, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa
personally known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
y~- I+-7 _ .
\ C-l1-'[p(~v---e~--(___(A''-
. Signature ofNotaIy Public
J@U U :=~:'-I
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Santa Clara CCMftV
_ _ _ ~~_~~1!:~
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)
STATE OF CALIFORNIA
COUNTY OFC:-J',\-cl... llG(r"
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ss.
On
appeared
1\0, L:'bhore me, 1\.J~o.. iC, (G'~L , personally
~ (V\c U', (y'c *
~ personally known to me -OR- 0
MARIA COR1EZ
@. Commllalon# 149~7
i .. Notary PublIc . CaIItomIa
. Santa CIaIa CounIV
MvComm. ExpIreI.kI't 1.2001
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proved to me on the basis of s~tisfactory
evidence to be the person(/;) whose
name(~) is/arje subscribed to the within
instrument and acknowledged to me that
he/sr{e/th~y executed the same in
his/~r/H{eir authorized capacity(iyS),
and that by his/h~r/the(r signature(~on
the instrument the personfiS), or the
entity upon behalf of which the
person(~ acted, executed the
instrument.
WITNESS my hand and official seal.
1'0
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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
document.
o INDIVIDUAL
5!l CpRPORATE OFFlCERS(S)
{0\(,>,v..~J<,-
Title(s)
D PARTNER(S) D LIMITED
D GENERAL
o ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
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Exhibit "A" (Continued)
Legal Description
The Southeasterly part of Lot 5 as shown on that certain Map entitled "Map of Massey Thomas'
Senior Subdivision of Las Animas Ranch Lot No. 15" which was filed in the office of the Recorder
of the County of Santa Clara, State of California on April 15, 1893 in Book "G" of Maps, page 59,
and more particularly described as follows:
Beginning at a buried 1/2" pipe at the Northeasterly corner of the above mentioned Lot 5, at the
intersection of the Westerly line of Monterey Road with the Southerly line of the Thomas Lane,
from which pipe, the buried granite monument at the intersection of the Westerly line of Monterey
Road and the center line of the Thomas Lane bears N. 180 00' W. 20.94 feet; thence from said
point of beginning Westerly along the Southerly line of the Thomas Lane N. 890 02' West 1863.80
feet to a 1/2 inch pipe; thence at right angles Southerly S. 00 58' W. 180 feet to a 1/2" iron pipe;
thence at right angles Westerly and parallel with the Thomas Lane, N. 890 02' W., 412.34 feet,
more or less, to a point in the Carnadero Creek on the line between Lots 5 and 9, as shown on
the above mentioned Map (at 265 feet on this course and on the bank of the Carnadero Creek, is
a 1/2 inch pipe inside a 2 inch pipe); thence Southerly along the channel of Carnadero Creek and
along the line dividing Lot 5 from Lots 9 and 10, South 520 00' East 304.51 feet, more or less; and
S. 150 30' E. 348.90 feet, more or less, to a common corner to Lots 5, 6 in the Easterly line of Lot
10 of the above mentioned subdivision; thence Easterly along the line between Lots 5 and 6, S.
89009' E., 1093.62 feet, more or less, to a buried 1/2 inch pipe (back 1049.40 feet on this course,
and on the bank of the Carnadero Creek is the 4" by 4" redwood witness post), said last
mentioned 1/2 inch pipe being S.720 00' W, 1021.02 feet from a 1/2 inch pipe at the Easterly
common corner for said Lots 5 and 6; thence Easterly on the line between Lots 5 and 6, N. 720
00' E. 1021 .02 feet to a buried 1/2 inch pipe in the Westerly line of the aforementioned Monterey
Road, said pipe being also the common corner between Lots 5 and 6; thence Northerly along the
Westerly line of the said Monterey Road, N. 18000' W. 384.78 feet to the point of beginning,
surveyed and monumented on February 19, 1941, at the request of Mr. Leon Thomas, by W, J.
Hanna, Gilroy Registered Civil Engineer No. 3704.
Excepting therefrom that certain parcel conveyed to The Pacific Telephone and Telegraph
Company, a corporation by Deed recorded January 12, 1954 in Book 2792, Page 326 of Official
Records, being more particularly described as follows:
Beginning at a point in the Southerly line of Thomas Road distant thereon N, 880 57' 15 W,
125.04 feet from the intersection thereof with the original Westerly line of Monterey Road as
shown on said map, and running thence along the Southerly line of Thomas Road N. 880 57' 15
W. 54.75 feet; thence at right angles S. 1002' 45' W, 35.00 feet; thence parallel with the Southerly
line of Thomas Road S. 880 57' 15 E, 104.27 feet, more or less, to the Westerly line of the new
State Highway IV-SC1-2C as constructed in 1951; thence Northwesterly along said Westerly line
of said State Highway 1.45 feet; thence along a curve to the left with a radius of 50.00 feet from a
tangent that bears N. 180 04' 01.3 through an angle of 70 degrees, 53 minutes 13.7 seconds for a
distance of 61.86 feet to the point of beginning.
Also excepting therefrom that certain parcel conveyed to Home Gas and Appliance Incorporated,
a corporation by Deed recorded July 15, 1955 in Book 3225, Page 285 of Official Records, being
more particularly described as follows:
Beginning at a 6" by 6" concrete monument set in the Southwesterly line of the Monterey Road
(State Highway IV-SC1-2C) as said line was established by Parcel 6 - Second in that certain final
order of condemnation entered in the Superior Court of the State of California in and for the
County of Santa Clara in that certain action entitled The People of the State of California acting
by and through the Department of Public Works, plaintiff vs. G. Barberi & Son, Inc. a
California corporation, et ai, defendants" Case No. 73965, 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
June 17, 1954, in Book 2897 of Official Records, at page 362; said monument being at Station
C13 528+57.67 E.C.; running thence from said point of beginning along the Southwesterly line of
said Highway South 1 yo 58' 15 East 140.47 feet to an iron pipe; thence leaving said Highway line
North 880 57' 15 West 181,68 feet to an iron pipe; thence North 1002' 45 East 198.00 feet to an
iron pipe in the Southern line of Thomas Road, as said Road is shown upon the Map above
referred to: thence along the Southerly line of Thomas Road South 880 57' 15 East 23.00 feet to
an iron pipe at the Northwesterly corner of that certain Parcel of land described in the Deed from
G. Barberi & Sons, Inc. a corporation to Pacific Telephone and Telegraph Company, a
corporation, dated October 30, 1953, recorded January 12, 1954, in Book 2792 of Official
Records, page 326, Santa Clara County Records; thence along the Westerly line of land so
described in the Deed to said Pacific Telephone and Telegraph Company, South 1002' 45 West
35.00 feet to an iron pipe at the Southwesterly corner thereof; thence along the Southerly line of
land so described in the Deed to Pacific Telephone and Telegraph Company; South 880 57' 15"
East 102.47 feet to a 2" by 3" stake at the Southeasterly corner thereof on the said line of said
Highway; thence along the Southwesterly line of said Highway Southerly along a curve to the
right with a radius of 19,917.00 feet for a distance of 31.99 feet to the point of beginning.
Also excepting therefrom that certain parcel condemned to The State of California by Final Order
of Condemnation recorded June 17, 1954 in Book 2897, Page 362 of Official Records.
Also excepting therefrom that certain parcel conveyed to The Santa Clara Valley Water District, a
public corporation by Deed recorded February 11, 1988 in Book K443, Page 633 of Official
Records, being more particularly described as follows:
Being a portion of the lands shown as Lot 5 on the Map entitled "Massey Thomas Subdivision of
Las Animas Ranch, Lot No. 15" filed in Book "G" of Maps at page 59, and described in the deed
recorded in Book B814 of Official Records, at page 359, both documents are in the Office of the
Recorder, County of Santa Clara, State of California, to wit:
Beginning at the Southwesterly corner of said lot; thence along the Southwesterly line of said lot
N 15030' 00" W 348,9 feet; thence continuing along said line N 52000' 00" W 304,51 feet, thence
leaving said line S 890 02' 00 E, 285.93 feet; thence along a curve to the right, from a tangent
which bears S. 3r 50' 29" E., having a radius of 900.00 feet, through a central angle of 220 20'
29" for an arc distance of 350.94 feet; thence S. 150 30' 00" E. 218.00 feet to the general
southerly line of said Lot; thence along said line N. 890 02' 00" W 167.50 feet to the point of
beginning.
Also excepting therefrom that certain parcel conveyed to The City of Gilroy, a municipal
corporation by Deed recorded August 13, 2004 as Document No. 17949017 of Official Records,
being more particularly described as follows:
Being a portion of that certain parcel of land shown as "Lot 5-Emma Thomas to G. Barberi and
Sons Inc." as shown on that certain Record of Survey, which was filed in the office of the
Recorder of the County of Santa Clara, State of California on March 22, 1941 in Book 6 of Maps,
page 7 and 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'OO"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 S250 54' 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 8031' 15", an arc distance of 105,59 feet; thence S 170
23' 04" E 147.54 feet to the beginning of a curve to the left, having a radius of 690.00 feet; thence
Southeasterly along said curve, through a central angle of 50 39' 02", an arc distance of 68.05
feet; thence S 230 02' 06" E 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 S 890 09' 00" E 51 .08 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 N 89009' 00" 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 N 150 30' 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
through a central angle of 220 20' 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 Northeasterly corner
of said portion of land; thence leaving said corner along said Southerly line S 890 02' 00" E 59,37
feet to the point of beginning.
APN: 808-21-033
ARB: 803-30-x6