Gilroy Gardens - Memorandum
RECORDIN~ REQUESTED BY:
Chicago Title Company
DOCUMENT: 19761543
11111\\IIIIIIIIIIIlI~\ II
Fees.
Taxes
Copies.
AMT PAID
WHEN RECORDED MAIL DOCUMENT
AND TAX STATEMENT TO:
City Clerk
C/O City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Chicago Title
Escrow No.: 07-98702516-JW
Locate No.: CACTI7743-7743-2987-0098702516
Title No.: 07-98702516-KV
Pages: \5
'* No Fees
RDE ** 0 1 1
2/29/2008
\: 30 PM
SPACE ABOVE THIS UNE FOR RECORDER'S USE
Memorandum
MAIL TAX STATEMENTS AS DIRECTED ABOVE
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMAnON
(Additional recording fee applies)
(recoversc)(02-06)
INSURED
CHICAGO TI
, Ole
E If g '1M;; /(,
MEMORANDUM
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Gilroy
7351 Rosanna Street
Gilroy, California 95020
Attn: City Clerk
RECORDING REQUESTED PURSUANT TO
GOVERNMENT CODE SECTIONS 6103 AND
27383.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MEMORANDUM
THIS MEMORANDUM is entered into as of c:2 - ~ , 2008, by and
between the CITY OF GILROY, a municipal corporation ("Landlord") and GILROY
GARDENS F AMIL Y THEME PARK, a Delaware nonprofit corporation formerly known as
"Bonfante Gardens, Inc." ("Tenant"), with respect that certain unrecorded Lease dated as of the
date hereof by and between Landlord and Tenant.
Pursuant to said Lease, Landlord leases to Tenant, and Tenant leases from Landlord,
certain real property located in the City of Gilroy, County of Santa Clara, State of California, as
more particularly described in Exhibit A attached hereto, together with the buildings and other
improvements thereon, upon the terms and conditions of the Lease. The term of the Lease shall
be for approximately two (2) years commencing on the date hereof and expiring at midnight on
February 28,2010, subject to sooner termination as set forth in the Lease.
This Memorandum shall incorporate all of the provisions of the Lease as though fully set
forth herein. This Memorandum is entered by the parties for purposes of recordation and shall
not be deemed to modify, amend, alter, limit or otherwise change any of the provisions of the
Lease. In the event of any conflict or ambiguity between the terms of this Memorandum and the
terms of the Lease, the terms ofthe Lease shall prevail.
1
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum
as of the dates set forth below.
GILROY GARDENS FAMILY THEME PARK,
INC., a Delaware nonprofit public benefit
corporation formerly known as "Bonfante Gardens,
Inc." 1 ~
' /
By: /~:</tf /-
Robert Krcremer
President
Its:
By:
Its:
CITY OF GI
a municipal c
By:
Its:
Attest:
By:
Approved as to form:
~?,. If e
~
By: c:>/ 't, -~~
City Attorney
2
State of California
County of Santa Clara
)
)
On February 28. 2008
Janet K. Wallace
personally appeared Joel Goldsmith
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~are subscribed to the within
instrument and acknowledged to me that ~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.
before me,
, Notary Public (here insert name and title of the officer),
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
Signatur
JANET K. WALLACE
COMM. #1 ~92532 rn
NotarY Public_California ::
SANTA CLARA COUNTY200Q
M comm. Sllp. July 23,
(notary)(12-07)
State of California
County of Santa Clara
)
)
On February 28. 2008
Janet K. Wallace
personally appeared Anna Jatczak
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)~/are subscribed to the within
instrument and acknowledged to me that he/ibeLthey 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,
executeCf1fle instrument.
before me,
, Notary Public (here insert name and title of the officer),
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
Signature
~ (Seal)
r...............................................................,
.,' ....,,~ '. JANET K. WALLACE E
i ;' . COMM. #1 ~92532 m
w . . Notary Public-California en
J." SANTA CLARA COUNTY ::;:
~ . . . . . . ~~ ~o~~':~~ :y~ .U: !~Orf
(notary)(12-07)
State of California
County of Santa Clara
)
)
On February 28. 2008
Janet K. Wallace
personally appeared Robert Kraemer.
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)~are subscribed to the within
instrument and acknowledged to me that.p.etshe/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.
before me,
, Notary Public (here insert name and title of the officer),
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
Signature
(notary)(12-07)
EXHIBIT A TO MEMORANDUM
[Legal Description to be Attached]
4
Escrow No.: 07-98702516-JW
Locate No.: CACTI7743-7743-2987-0098702516
Title No.: 07-98702516-KV
EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF GILROY, COUNlY OF SANTA CLARA, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
Beginning at the point of intersection of the Northeasterly line of Hecker Pass Highway, as said line was established by Parcel
One in the Deed from the De Bell Corporation, a Corporation, to the State of California, dated June 12, 1957, 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 Deed from Jack De Bell et ux, to Louis A. Filice, et ux, dated September 15, 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 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. Louis A. Felice et ai, Defendants Case No. 103483," 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, 1958 in Book
4219 Official Records, Page 701, Santa Clara County Records (shown as South 33 deg 16' 39" East 246.03 feet; thence North
33 deg 16' 30" West along said prolongation and the said Westerly line of the 3.728 acre tract for a distance of 376.66 feet to
the Northwesterly 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 18' 19" West
along the Westerly line of said 1.567 acre tract for a distance of 94.17 feet, thence North 37 deg 18' 07" 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 certain tract of land described in the Deed from the State of California, to the De Bell Corporation, a California
Corporation, dated August 30, 1957, recorded September 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 Bell et
ux, to the De Bell Corporation, a California Corporation, dated October 26, 1956, recorded April 29, 1957 in Book 3786 Official
Records Page 463, Santa Clara County Records; 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 South 23 deg
11' West along the Easterly line of said 24.07 acre tract for a distance of 130 feet more or less to the Point of Beginning.
Excepting from the above described Parcel One, the following described parcel of land:
Beginning at the point of intersection of the Northeasterly line of Hecker Pass Road, as said line was established by Parcell in
the Deed from De Bell Corporation, a Corporation, to the State 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" East along 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 170 feet, more or less, to the point of
intersection thereof with the Southwesterly line of the Old Hecker Pass road; thence South 66 deg 15' East along said
Southwesterly line of the Old Hecker Pass Road for a distance of 270.00 feet; thence leaving said last mentioned line and
Exhibit Page - Legal(exhibit)(08-07)
running North 23 deg 00' East 99.6 feet to the True Point of Beginning of the tract of land to be described~ thence from said
True Roint 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.
APN 783-05-011 AND 013
PARCEL TWO:
Beginning at the point of intersection of the Northeasterly line of Hecker Pass Road, as said line was established by Parcell in
the Deed from the De Bell 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 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" East along said Southeasterly 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 170 feet, more or less, to the point of
intersection thereof with the Southwesterly line of the Old Hecker Pass Road~ thence South 66 deg 15' East along said
Southwesterly 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 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 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.
APN 783-05-012
PARCEL THREE:
A Portion of Parcels One and Four as shown on that Parcel Map recorded in Book 494 of Maps at Page 43, Santa Clara County,
and a Portion of Lands of Blocher, I 361 O.R. 202, Santa Clara County Records, described as follows:
Beginning at a Point on the West Line of said Parcel four, said Point also being at the Northeastern most corner of Parcel Three
as shown on said Parcel Map said Point also lying on the West line of Lands of Nob Hill General Store, Inc., a California
Corporation, as described in that Deed recorded in K805 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:
1. SO deg. 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
5. S 0 deg. 03' 40" W 418.87 feet
6. S 0 deg. 13' 40" W 4094.58 feet
7. East 1254.00 feet
8. N 0 deg. 14' E 4527.60 feet
9. N 0 deg. 02' W 1672.30 feet
10. N 67 deg. 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. 18' 09 W 85.48 feet
14. N 42 deg. 54' 55" W 294.28 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 57.31 feet
18. N 69 deg. 23' 35" W 301.68 feet
to the Easternmost corner of those lands conveyed to the State of California by J627 of Official Records at page 1271, Santa
Clara County~ thence along the Southerly line of last said lands S 83 deg. 53' 57" W 44.13 feet~ thence Northwesterly along a
Exhibit Page - Legal(exhibit)(08-07)
1585 Foot radius curve to the right, from a tangent bearing N 82 deg. 52' 34" W., said curve having an interior angle of 18 deg.
50' 48':, and a.length of 521.36 feet to a point lying 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" W 194.80 feetto a point on the Northeasterly line of said Parcel 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 therefrom the following described parcel of land:
Beginning at the Northeastern most corner of said Parcel Four and proceeding S 00 deg. 09' 33" E along the East line of said
Parcel Four, 269.81 feet to the 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.
Also excepting therefrom "Parcel C" as described in that certain Certificate of Compliance recorded April 14, 1998 as Instrument
No. 14139227, Official Records of Santa Clara County, and being more particularly described as follows:
A portion of real property located in the County of Santa Clara, State of California, described as follows:
All of Parcel Four as shown on that Parcel Map recorded in Book 494 of Maps at Page 43, Santa Clara County Records,
Except therefrom the following:
Beginning at the Northeasternmost corner of said Parcel Four and proceeding S 00009'33" E along the East line of said Parcel
Four, 269.81 feet to the 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 30015' W 412.10
feet more or less to a point on the Northeasterly line of said Parcel Four~ thence S 67023' E. 224.09 feet along last said line to
the point of beginning.
APN 810-17-026,810-17-029
PARCEL FOUR:
A portion of Parcels Two and Three as shown on that 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. 35' 00" W 145.44 feet from the
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 428.05 feet as shown on said Map~ thence along the following courses:
COURSE NO.
1. N 19 deg. 21' 40" E 417.99 feet
2. N 76 deg. 19' 19" W 13.90 feet
3. N 17 deg. 40' 40" E 1089.46 feet
4. N 64 deg. 27' 00" E 208.60 feet
to a point on the Northeasterly line of said Parcel Two, said point lying N 69 deg. 43' 49" W 9.45 feet from the Northeastern
corner of said Parcel Two~ thence along 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.
Exhibit Page - Legal(exhibit)(08-07)
5. S 69 deg. 43' 49" E 689.53 feet
6. S. 0 deg. Q3' 40" W 778.37 feet
7. East 70.00 feet
8. S 17 deg. 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" W 105.66 feet, and
13. S 89 deg. 35' 00" W 145.44 feet
to the point of beginning.
APN 810-17-014, 015, 021, 024 AND 025
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 feet in width, lying 10.00 feet Westerly of and 50.00 feet Easterly of the
following described line:
Beginning at a point in the Southwesterly line of the State Highway N-SCI-32D-1957, distant thereon South 60 deg 14' 20"
East 232.40 feet from 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' 50" 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, State of California on December 7,1967 in Book 231
of Maps, 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, Seven and Twelve.
PARCEL SIX:
A non-exclusive easement for Ingress and Egress and for the installation and maintenance of public utilities and for water pipe
lines, appurtenant to the above described parcels, over an existing 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 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, 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 Pass Road, as said line was
established by Parcel One in the Deed from the De Bell Corporation, to the State of California dated June 12, 1957, recorded
July 30, 1957 in Book 3655 Official Records, page 512, Santa Clara County Records; thence from said point of beginning Soutl1
o deg 05' 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 Point 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 Benefrt: of Parcels Three, Four and Twelve.
Excepting therefrom all that portion thereof lying within the above described Parcels Three and Four.
PARCEL SEVEN:
All of Parcel Two, as shown upon that certain Map entitled, "Parcel Map, being a portion of the Las Animas Rancho", which 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
Exhibit Page - Legal(exhibit)(08-07)
650 of Maps, at Page 49.
APN 810-18-010 and 011
PARCEL EIGHT:
An easement 40 feet in width for ingress and egress and public utilities the centerline of said easement described as follows:
Commencing at a point in the centerline of that 60 foot wide easement 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 southwesterly 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 angle of 60.00 feet for a distance of 41.89 feet to
station "B";
thence S 87003' W 28.00 feet to station C; 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 "0"; thence S 16029'52"W for a distance of 224.83 feet to station "E"; thence on a curve
to the left with a radius of 457.22 feet at an angle of 18037'52" for a distance of 148.68 feet to station "F"; thence S 2008' E for
a distance of 32.29 feet to station "G"; thence on a curve to the right with a radius of 196.58 feet at an angle of 41046' for a
distance of 143.30 feet to station "H"; thence S 39038' W for a distance of 151.72 feet to station "I"; thence on a curve to the
left with a radius of 250.00 feet at an angle of 45.000 for a distance of 196.34 feet to station "J"; thence S 5022' E 110.00 feet
to station "K"; thence 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 of 129.42 feet to station "N"; thence S 14043' E 456.60 feet more or less to 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, (S 0025'00"
E 89.33 feet), as shown on said parcel map, to station "0", said easement is appurtenant to and for the Benefit of Parcel
Seven.
PARCEL NINE:
An easement for ingress and egress described as follows:
Beginning at the point of beginning of the above described 40 foot wide easement and running S 69043'49" E 20.00 feet to the
easterly line of said 40.00 foot wide easement being the true point of beginning; thence S 69043'49" 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 true point of beginning, said
easement is appurtenant to and for the Benefit of Parcel Seven.
PARCEL TEN:
A 10 foot wide easement for ingress and egress. The easterly line of said easement described as follows:
Commencing at above station "L" and running S 15048'W 40.00 feet and N 74012' W 20.00 feet to the True Point of Beginning;
thence S 15048' W 53.00 feet; thence southerly along a 263.00 foot radius curve to the left, having an interior angle of
17025'42" a distance of 80.00 feet to the terminus of said easement, said easement is appurtenant to and for the Benefit of
Parcel Seven.
PARCEL ELEVEN:
An easement for ingress-egress said easement described as follows:
Exhibit Page - Legal(exhibit)(08-07)
Commencing at said station "0", and proceeding S 89035' 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 89035' W 25.00 feet; thence N 37026'15" E 30.68 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 easement is appurtenant to and for the
Benefit of Parcel Seven.
PARCEL TWELVE:
A Portion of Parcels One and Four as shown on that Parcel Map recorded in Book 494 of Maps at Page 43, Santa Clara County,
and a Portion of Lands of Blocher, 1361 O.R. 202, Santa Clara County Records, described as follows:
Beginning at a Point on the west Line of said Parcel four, said Point also being at the Northeastern most corner of Parcel Three
as shown on said Parcel Map said Point also lying on the West line of Lands of Nob Hill General Store, Inc., a California
Corporation, as described in that Deed recorded in K805 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 0 deg. 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
5. S 0 deg. 03' 40" W 418.87 feet
6. S 0 deg. 13' 40" W 4094.58 feet
7. East 1254.00 feet
8. NO deg. 14' E 4527.60 feet
9. N 0 deg. 02' W 1672.30 feet
10. N 67 deg. 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. 18' 09 W 85.48 feet
14. N 42 deg. 54' 55" W 294.28 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' OS" W 57.31 feet
18. N 69 deg. 23' 35" W 301.68 feet
to the Easternmost corner of those lands conveyed to the State of California by J627 of Official Records at page 1271, Santa
Clara County; thence along the Southerly line of last said lands S 83 deg. 53' 57" W 44.13 feet; thence Northwesterly along a
1585 Foot radius curve to the right, from a tangent bearing N 82 deg. 52' 34" W., said curve having an interior angle of 18 deg.
50' 48", and a length of 521.36 feet to a point lying 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" W 194.80 feet to a point on the Northeasterly line of said Parcel 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 therefrom the the following described parcel of land:
Beginning at the Northeastern most corner of said Parcel Four and proceeding S 00 deg. 09' 33" E along the East line of said
Parcel Four, 269.81 feet to the 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.
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Except~ng therefrom all that portion lying Westerly of the Westerly line of said Parcel 4
And, in addition thereto, the following parcel of land designated as ''Transfer Parcel" on the accompanying plat entitled "Exhibit
B", being more particularly described as follows:
A portion of Parcel B, as said Parcel is described in that certain Certificate of Compliance for Lot Line Adjustment filed for record
as Document Number 14139227, Official Records of Santa Clara County, California, being more particularly described as follows:
BEGINNING at southwesterly corner of said Parcel B, said point also being the southerly terminus of the course designated as S
00 02" 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 corner of Lot 61, as said Lot 61 is shown on the map of Tract 9365, Eagle
Ridge, filed for record in Book 748 of Maps, at Page 20, Records of Santa Clara County, California; thence running along the
common line of said Parcel B and Parcel C
1.) N 000 09' 33" W, a distance of 1,402.67 feet to the northwesterly corner of said Parcel B; thence leaving said common line
and running along the northerly line of said Parcel B
2.) S 310 08' 00" E, a distance of 282.40 feet to the beginning of a curve to the left having a radius of 193.00 feet; thence
continuing along said northerly line
3.) Southeasterly along said curve, through a central angle of 49007' 00", a distance of 165.45 feet to the beginning of a
compound curve to the left having a radius of 632.00 feet; thence continuing along said northerly line
4.) Easterly along said curve, through a central angle of 23025' 00", a distance of 258.30 feet; thence continuing along said
northerly line
5.) N 76020' 00" E, a distance of 499.27 feet to the beginning of a curve to the right having a radius of 1,360.00 feet; thence
continuing along said northerly line
6.) Easterly along said curve, through a central angle of 130 40' 00"; a distance of 324.40 feet; thence continuing along said
northerly line
7.) East, a distance of 88.59 feet to the beginning of a curve to the left having a radius of 65.00 feet; thence continuing along
said northerly line
8.) Easterly along said curve, through a central angle of 040 37' 09"; a distance of 5.24 feet; thence continuing along said
northerly line
9.) S 000 36' 00" E, a distance of 0.34 feet; thence continuing along said northerly line
10.) S 890 59' 56" E, a distance of 240.84 feet to the northeasterly corner of said Parcel B; thence leaving said northerly line
and running along the easterly line of said Parcel B
11.) S 00008' 00" E, a distance of 304.39 feet; thence leaving said easterly line
12.) S 870 59' 43" W, a distance of 330.76 feet; thence
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13.) N.890 02; 02" W, a distance of 222.92 feet; thence
14.) 584051' 07" W, a distance of 357.84 feet; thence
15.) S 760 21' 10" W, a distance of 402.59 feet; thence
16.) N 880 13' 32" W, a distance of 194.26 feet; thence
17.) N 630 29' 09" W, a distance of 72.82 feet; thence
18.) S 210 41' 39" W, a distance of 190.51 feet; thence
19.) S 000 46' 42" E, a distance of 146.48 feet; thence
20.) S 090 19' 49" E, a distance of 120.58 feet; thence
21.) S 020 29' 27" W, a distance of 36.13 feet; thence
22.) S 040 18' 56" W, a distance of 178.81 feet; thence
23.) S 000 07' 43" W, a distance of 178.08 feet to the southerly line of said Parcel B, also being the northerly line of said Lot 61
of Tract 9365; thence running along said southerly line of Parcel B and northerly line of Lot 61
24.) N 89" 52' 17" W, a distance of 48.11 feet to the POINT OF BEGINNING.
Being Parcel C as described in the Certificate of Compliance Recorded May 2, 2005 as Instrument No. 18348300.
APN 810-18-002; 810-19-005, 007, 010, 011, and 014
PARCEL THIRTEEN:
An Easement for the purposes of Ingress and Egress and Utilities, as conveyed to Bonfante Gardens, Inc., a Delaware Non-
Profit corporation by Grant Deed recorded April 28, 1999 as Instrument No. 14780039, and being more particularly described as
follows:
Beginning at a point on the East line of Parcel Four as shown upon that Parcel Map recorded in Book 494 of Maps at Page 43,
Santa Clara County Records, said point being the Southwest corner of Parcel One as shown upon that Parcel Map recorded in
Book 663 of Maps at Pages 13 and 14, Santa Clara County Records; thence Southerly along said East line of Parcel Four, 360.00
feet; thence S. 89 deg. 52' 17" E. 60.00 feet; thence Northerly 360.00 feet to a point on the South line of said Parcel One, last
said point lying S. 89 deg. 52' 17" E. 60.00 feet from the point of beginning; thence N. 89 deg. 52' 17" W. 60.00 feet to the
point of beginning.
Exhibit Page - Legal(exhibit)(08-07)