Bertolone, Mike & Joseph - Parking Agreement
RECORDING REQUESTED BY:
Title Insurance & Trust Co.
WHEN OF RECORD MAIL TO:
. CITy-' OF GILROY
p. Q . Box ' 6 6 .'
Gilroy, CA 95020
G 135 ;)~G~ 626
7n78?36 ')rCl
Recorded at t' " "'1Quest of
Title Insurance ailu i J iJst Compan
JUN 81981 8:00
. A.M.
AN AGREEt1ENT
PROVlDlNG FOR PARKlNG
George A. Mann, Recorder
Santa ctlra County, Official Records
This agreement entered into this
24th day of
Apri 1
1981, between
Mike Bertolone and Joseph Bertolone hereafter referred to as
"Owners" and the City of Gilroy, hereinafter referred to as "City" is made
for the express purpose of assuring "City" that required for "0wner's'l
commercial building which is located at 166 and 168 W. Tenth Street can
and will be provided, both now and in the future.
Said building has been constructed upon the northerly portion of
Santa Clara County Assessor's Parcel 799-34-015 (1980 Assessor's Map). The
remainder of said parcel and the entirety of Assessor's Parcel 799-34-017
are also owned by "Owners" and have previously been developed with a six
unit apartment building upon each of these areas. Said parcels are further
described as parcels one and two respectively on Exhibit 'IA" attached.
"Owners" propose to utilize said commercial building for a restaurant
with 550 sq. ft. of dining area and for a 2000 sq. ft. retail sales space.
For such occupancy, "City" requires twenty-one (21) on-site parking stalls.
The site for said commercial building is only large enough for fifteen (15)
parking spaces. However, owner's apartment sites are large enough to provide
for both the twenty-one (21) parking stalls required for the residential
tenants and the six (6) additional stalls required for the commercial building.
"Owners" hereby agree to develop and provide a total of 27 parking
stalls in the area of the apartments. Thirteen of said stalls shall be on
Assessor's Parcel 799-34-017 and fourteen of said stalls shall be provided
on the southerly portion of Assessor's Parcel 799-34-015. Furthermore, upon
the said of either parcel or portion thereof, "Owners" agree to reserve ease-
ments upon said parcels in order to provide for mutual access to parking
areas; and to provide an easement upon the most northerly two (2) stalls on
-1-
REC FEE
I MICRO
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Assessor's parcel 799-34-017 and the most northerly four (4) stalls on
Assessor's parcel 799-34-015 allowing for their exclusive use by the
G 135..!t: 627
occupants of the commercial building.
Owners further agree to require employees of said occupants to use
these stalls for their own parking in order to make the more convenient
front parking available to their clientele.
Finally, owners agree that this obligation runs with land and upon
approval of this agreement, a copy shall be recorded with the Recorder of
the County of Santa Clara.
~~~
Mike Bertolone
of G i 1 roy
~~t.IJ~ C?!l
p:7' Josep Be rto lone
I
The State of California
County of Santa Clara
Before me, the undersigned, a Notary Public in and for the County and
State, on this day personally appeared Mike Bertolone and Joseph Bertolone
known to me to be the persons whose name is subscribed on the attached instrument,
and acknowledged to me uhat they executed the same for the purposes and consideration
therein expressed.
Given under my hand and Seal of Office, this Twenty-Fourth (24) day of April, 1981.
I
My
expires Sept. 30, 1983
8' -" . JUDY DlAZ
;-tr> ~ NOTARY PU3t1C. CALIFORNIA
.. SANTA CLARA COUNTY
..' My commission expires S.:pt. 30,1983
-2-
EXH I BIT "A"
G 135 P!GE 628
The land referred to herein is described as follows:
ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF GILROY~ COUNTY OF
SANTA CLARA~ STATE OF CALIFORNIA~ DESCRIBED AS FOLLOWS:
PARCEL ONE (Assessor's Parce 1 799-34-015)
COMMENCING AT THE POINT ON THE SOUTHERLY LINE OF TENTH STREET,
DISTANT THEREON 60 FEET EASTERLY FROM THE POINT OF INTERSECTION
OF THE SOUTHERLY LINE OF TENTH STREET WITH THE EASTERLY LINE OF
THAT CERTAIN ONE-ACRE TRACT OF LAND CONVEYED IN TWO PARCELS BY
MILLER & LUX, INC., TO ALFREDO MARACINI BY DEED DATED JULY 17,
1922, AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, IN VOLUME 556 OF
OFFICIAL RECORDS, AT PAGE 552; RUNNING THENCE SOUTH 190 59t 30"
EAST 311.14 FEET; THENCE IN AN EASTERLY DIRECTION PARALLEL WITH
THE SOUTHERLY LINE OF TENTH STREET 75 FEET~ THENCE NORTH 190 59t
30ft WEST~ 311.14 FEET TO THE SOUTHERLY LINE OF TENTH STREET, AND
THENCE ALONG THE SOUTHERLY LINE OF TENTH STREET IN A WESTERLY
DIRECTION TO THE POINT OF BEGINNING~ AND BEING A STRIP OF LAND
75 FEET WIDE ADJACENT TO AND IMMEDIATELY EAST OF THE LAND DE-
SCRIBED IN THE DEED FROM JOHN CIABATTARI TO ASSUNTO MASINI,
DATED THE 21ST DAY OF OCTOBER~ 1947, AND OF RECORD IN THE OFFICE
OF THE COUNTY RECORDER, COUNTY OF SANTA CLARA~ STATE OF CALIFORNIA,
IN BOOK 1520 OF OFFICIAL RECORDS AT PAGE 453.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF GILROY
BY DEED RECORDED FEBRUARY 2, 1971 IN BOOK 9205, PAGE 703 OFFICIAL
RECORDS OF SANTA CLARA COUNTY.
PARCEL TWO (Assessor's Parcel 799-34-017)
"
PARCEL ONE~ AS SHOWN UPON THAT CERTAIN MAP ENTITLED "PARCEL
MAP PORTION OF RANCH LOT 18~ LAS ANIMAS RANCHO"~ RECORDED IN
THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA ON
OCTOBER 14~ 1975 IN BOOK 362 OF MAPS, PAGE 32. '
G 135 P!GE 629
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