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Day Ranch, a Partnership P 3 8 3 p~ GE ! 4 85 DOCUMENT: 13339181 Tit I es:l / Pages: 12 11II ~II~ ~ 1111I ~ III II Fees. 40.00 Taxes. . ( ! 'J, ". ~ ) "0013339181,. Cop i es. . \. \' AMT PAID -,^ 40.00 BRENDA DAVIS ROE ** 003 SANTA CLARA COUNTY RECORDER 6/20/1996 Recorded at the request of 11: 16 AM Attorney he; ,~- "..- ) ,~~ " RECORDING REQUESTED BY WHEN RECORDED MAIL TO City of Gilroy 7351 Rosanna Street Gilroy, CA 95020-6141 Attn: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF THE CITY OF GILROY AND IS ENTITLED TO BE RECORDED""FREE OF CHARGE IN ACCORDANCE WITH SECTION 6103 AND 27383 OF THE GOVERNMENT CODE Portion of APNs 783-05-001, 783-06-004, 783-06-005 783-06-006, 783-06-007, 783-06-008, 783-06-009, 783-06-010, 783-13-001, and 783-13-003 MEMORANDUM OF AGREEMENT FOR CHARITABLE TRANSFER OF LAND TO CITY OF GILROY AND AGREEMENT OF PURCHASE AND SALE 1. This Memorandum of Agreement for Charitable Transfer of Land to City of Gilroy and Agreement of Purchase and Sale ("Memorandum") is entered into between Day Ranch, a Partnership (hereafter referred to as "Donor") and City of Gilroy, a municipal corporation (hereafter referred to as "City"). 2. Donor agrees to sell to City and City agrees to purchase from Donor the property located in the County of Santa Clara, State of California, and legally described as fully set forth in Exhibit A, which is attached to and made a part of this Memorandum by this reference. 3. Terms. The purchase and sale of the property shall be on the terms and conditions fully set forth in that certain Agreement For Charitable Transfer of Land to City of Gilroy and Agreement of Purchase and Sale by and between Donor and City dated May 30, 1996 (the "Agreement"), the terms and conditions of which are made a part of this Memorandum by this reference. photographiC imag, maybe poor due to condition of original document. G'v \J01\309183.01 61-052904706028 -1- P 3 8 3 p~ GE I 486 4. This Memorandum is prepared for the purpose of recordation, and it in no way modifies the provisions of the Agreement referenced in Section 3 of this Memorandum above. Executed on the date set forth below. DONOR: Dated: 'I,UA<-<- 10/ I ~7 {.., DAY RANCH, a Partnership By: ItIl.- //t~ / YU HAN, TRUSTEE I BY:~~~ ~. [/?- r~~ L LL AN CHAN, TRU~TEE By: By: GILLMOR 1989 IRREVOCABLE CHILDREN'S TRUST DATED DECEMBER 22,1989, Its General Partner By NI;t\~\~t~EE ~ A.L--. GARY G. GILLMOR, Its General Partner By: (2~~~) PAMELA GILLMOR, Its General Partner By: CHAN FAMILY TRUST U/A DATED December 12, 1983, Its Gen Partner e . By: SHU-P ARK CHAN & STELLA LAM CHAN REVOCABLE LIVING TRUST DATED APRIL 22, 1991, Its General partne~. ~ Ch ... By: . ~"'-.. 4-P~ CHAN, TRUSTEE /' f; .- BY"~~~ TRUSTEE By: -t\J~OX ~ ~, Its General Partner By ~dL~ M LLEN LIV AK, Its General Partner \J01\309183.01 61-052904706028 -2- Dated: (:; (1/ Approved as to Form: ~t1.~ City Attorney \J01\30918301 61-052904706028 lJ 3 8 3 pr GE I 487 By: TRUST AGREEMENT DATED APRIL 10, :~ED,~ner&Partn . VICTOR P. MOLINARO, T S}EE By ~F~~[ri{~)a# TRUST E CITY: f\~-,.",", ~s~AlO< ?fv4~b~~" J'City Clerk ,'i' ',' '" .,'(<: ,;".: '", fr- ,- / . ...,'"lj1 ".,.;J; ,,~'I . , .':, - ;: .;~'~. ~ . -~ -3- STATE OF CALIFORNIA COUNTY OFgA.cT.4 ~J.JIPI1 On '-a-Yb appeared f'J ICltSl/ /)/4 J < P 3 B 3 p~ GE 4 8 8 } ss , before me , gcp IiR"y lI11sioSE personally D personally known to me -OR- ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 6/are subscribed to the within instrument and acknowledged to me that @/she/they executed the same in ~/her/their authorized capacity(ies), and that by~her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ST ATE OF CALIFORNIA ~ f\ 1U"t" e..UU ~ COUNTY OF ~ :J , bsn WITNESS my hand and official seal. ~~~ARY } ss, On ,,~ 5' ~ 't b , before me, &v S i L r !J/IIllo.s/i personally appeared ~A'J ~. e.,L.l.l'Jolt. , D personally known to me -OR-l"i proved to me on the basis of satisfactory T' 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 ~/her/their authorized capacity(ies), and that by @/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t;::--~~~l .. Co......:;'....,." . ~.~ NotaIy MIc -0lIrclmIa I 2, lena CIcIa ColJ1Iy - L::!~ ~ ~c::~~1~~ 1 \J01\30918301 61-052904706028 official seal. -4- 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 o CORPORATE OFFICERS(S) Title(s) )a PARTNER(S) 0 LIMITED I2t GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR 'E;l OTHER: All) 1> T Q ()4a'"f SliL SIGNER IS REPRESENTING: Name of Person( s) or Entity(ies) 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 o CORPORATE OFFICERS(S) Title(s) r;i PARTNER(S) 0 LIMITED !2l;. GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) ST ATE OF CALIFORNIA COUNTY oI&ut.. (! tAP 11' ~ P 3 8 3 P ~ GE I 4 8 9 } ss On~vlO. S; Ill'll:" , before meA6DEPtr IIAl8R06/i personally appeared 13J4U- Pile" eJ4 AIO D personally known to me -OR- ~ 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 ~. ~she/they executed the same in ~er/their authorized capacity(ies), and that b~her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. J .... .... .oL -~ BEVERLY AM8ROlE . "~ Corrmlsslon 11051617 i 1i> Notary PubIc -QMclda , ,,~ Santa ctaa Cou1IY 1 i ,_ _' ~~ M:C:":~~l~~ ST ATE OF CALIFORNIA COUNTY OF8,qlOf~ f!lJ4~ff official seal, } ss, On ~UoiD. tr 1t;9 b , before me,&OERI11lIlt ItJl;JF, personally appeared ~1'E"A tAAI (!,j.J4JH D personally known to me -OR- ~ proved to me on the basis of satisfactory evidence A> be the person(s) whose narne(s) ..ware subscribed to the within instrument and acknowledged to me that he/~they executed the same in his/~their a~rized capacity(ies), and that by his~their signature(s) on #~ f!'- .... .... .oL .... .... J the instrument the person(s), or the entity upon behalf of which the _~ person(s) acted, executed the $ instrument. BEVERLY AMBROSE Commission # 1051517 Notary Public - California Santa Clara County My COril'TI, Expires Apr 16.1999 \J01\30918301 61~052904706028 cial seal. SIGN OF NOT AR -5- 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 o CORPORATE OFFICERS(S) Title(s) ~PARTNER(S) 0 LIMITED )it GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV ATOR o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) 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 o CORPORATE OFFICERS(S) Title(s) ~PARTNER(S) 0 LIMITED ~ GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV ATOR o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) .. ST ATE OF CALIFORNIA P3 8 3 P ^ GE I 4 9 0 } ss. COUNTY OFSJlurtR &AlII On50DS f; 199/' ,before me,~ERl'( IJJn~RtS;personally appeared UJt1/)L P. HOL(IJPrQO o personally known to me -OR-)(J i@ BEVERlY p.MSRC4 CommIsSIOn # 1051517 Notary Public - CdIfOIniCI Santa Qara ~ MY comm,Explres~ 16.1999 ST ATE OF CALIFORNIA COUNTY OF3f:\ICTtR (!(ARIJ proved to me on the basis of satisfactory evidence,-\o be the person(s) whose name(s)~are subscribed to the within instl1}Jl\ent and acknowledged to me t~t!>Ishe/they executed the same in J!Wher/their authorized capacity(ies), and that by@t/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. cial seal. } ~ On~OlVe ~ /996 ,before me,kOEl'l'1 /)11I8Ptur>ersOnallY appeared LJ4EL:31\- EAlJ ""OLJlbIl~O o personally known to me -OR- ~ proved to me on the basis of satisfactory r evidence to be the person(s) whose name(s) j{jAre subscribed to the within instrument and acknowledged to me that he/~hey executed the same in his/IiP'their authorized capacity(ies), and that by his/~heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. . BEVERlY AMBROSE _ CorrmIIIlIIon 11051611 J.. Notary PubIc - CcIIlfanIcI Santa Oaa Cou1ty .. i,r _ _ ~ ~ c:rn:Ex~r:~ 1~:' 1 \J01\30918301 61-052904706028 y -6- 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 o CORPORATE OFFICERS(S) TitIe(s) ~ PARTNER(S) 0 LIMITED IE GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV A TOR o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) 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 o CORPORATE OFFICERS(S) Title(s) ~/PARTNER(S) !LIMITED --,... GENERAL o ATTORNEY-IN- 1\CT o TRUSTEE(S) o GUARDIAN/CONSERV ATOR o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) ST ATE OF CALIFORNIA P 3 B 3 rf. GE I 49 , } ss, COUNTY OFS~lU7n tlllM On ~lOe IJ /ytj{" , before me, f1JJ0c~1 ,!,JlIIgAt<k.1JerSOnally appeared P.irl-II g,:u gpfi; . D personally known to me -OR- ~roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) lfkre subscribed to the within instrum~~and acknowledged to me that ~lf'e9they executed the same in his/JPltlieir authorized capacity(ies), and that by his~their signature(s) on the instrument the person(s), or the entity upon behalf of' which the person(s) acted, executed the instrument. l.~u--~~:-l i NOtarY P\dC - CdIfOII*I ~ '. 5a\1a ClaIO COU"lIY l i ,r ~ _ ~ ~c:":~:~l~~ ST ATE OF CALIFORNIA COUNTY OF On appeared } ss , before me, , personally D personally known to me -OR- D 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 he/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. \J01\30918301 61-052904706028 WITNESS my hand and official seal. SIGNATURE OF NOTARY -7- 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 o CORPORATE OFFICERS(S) Title(s) o P ARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) 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 o CORPORATE OFFICERS(S) Title(s) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) ST ATE OF CALIFORNIA P 3 8 3 PA GE 14 9 2 } ss. COUNTY OF ~ O/qr:> On to I, 0 I q &; , before me~, personally appeared ,?>U fUll Chafl t.l()d ,t...: I{ ,an ChafJ D personally known to me -OR- ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfauj. subscribed to the within instrument and acknowledged to me that he/she/~ executed the same in his/her/.their authorized capacity(ies), and that by his/her/theiLSignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. s ..... 'ti ~ . ~ * ... III It, ". .AI ~ ~ ~f @ TERIJ.HILl i . COMM. # 97i278 ~ I. Notary PublIc - CalifomlQ S SAN DIEGO COUNlY .. J 'F ~ ~ ~ ~C:': ~:~u: I~ 1~1 ST ATE OF CALIFORNIA COUNTY OF On appeared } ss , before me, , personally D personally known to me -OR- D 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 he/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. IJ01\309183,Ol 61-052904706028 WITNESS my hand and official seal. SIGNATURE OF NOTARY -8- 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. D INDIVIDUAL D CORPORATE OFFICERS(S) / Title(s) ~PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT ~USTEE(S) D GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) 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. D INDIVIDUAL D CORPORATE OFFICERS(S) Title(s) D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) ST ATE OF CALIFORNIA COUNTY OF On appeared } ss , before me, , personally D personally known to me -OR- D 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 he/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. \J01\309183.01 61-052904706028 WITNESS my hand and official seal. SIGNATURE OF NOTARY -9- P 3 8 3 p~ GE I 4 93 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 o CORPORATE OFFICERS(S) Title(s) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV ATOR o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) P 3 8 3 PAGE I. 4 94 PARCEL 1 A Parcel of Land in the Solis Rancho, California, being a portion of the Lands according to that. Deed filed in Book C 663, Records of said County, bounded by a line described as follows: Santa Clara County, of the Day Ranch, page 642, Official more particularly BEGINNING at a 1" iron pipe at the Northwest corner of Lot 124 according to the Tract No. 8136 "Gilroy County Club Estates" recorded in Book 605 of Maps, at pages 8-16" Official Records of, said County, said iron pipe also being the Northeast corner of Parcel Two (said corner designated as _ "M-1,p~~') of saJd lands; thence along the easterly line of said Parcel Ty.ro of said",:lands South 00 03' 06" West 1768.41 feet; thence leaving said easterly line South .J"-r , '.\', . 890 02' 08" West 410.57 feet; thence, South' 8~?),31' 02" West 857.52 feet; thence South 640 41' 29" West 508.69 feet; South 210 25' 43" West 560.83 feet to a 1" iron pipe 'at q.:~''''corner common to said Parcel Two and Parcel 1 according to that "Record of Survey filed in Book 259 of Maps, at page 28, Official Records of said County; thence along the common line between s~id Parcel Two and Parcel 1 the following courses: 1) South 260 14' 15" West 76.18 feet 2) North 600 58' 15" West 189.34 feet to a 1" iron pipe 3) South 300 51' 49" West 103.84 feet to a 1" iron pipe 4) South 170 40' 48" East 95.82 feet to a 1" iron pipe 5) South 290 22' 26" East 206.83 feet to a 1" iron pipe 6) South 00 40' 13" West 126.14 feet to the northeasterly line of Burchell Road (40' wide); thence leaving said common line along the northeasterly line of said Burchell Road the following courses: 1) North 640 41' 08" West 43.71 feet 2) North 620 11' 09" West 135.94 feet 3) North 590 12' 20" West 127.16 feet 4) North 670 55' 47" West 60.75 feet 5) North 780 16' 56" West 168.30 feet 6) North 600 59' 42" West 92.13 feet; thence leaving said northeasterly line North 240 18' 31" West 133.28 feet; thence North 210 46' 38" E~st 93.78 feet; thence North 90 21' 18" .East 153.60 feet; thence North 320 35' 40'" East 166.65 feet; thence North 650 32' 24" West 630.28 feet; thence South 490 45' 53" West 368.87 feet; thence South 660 22' 37" East 744.85 feet; thence South 210 46' 38" West 84.61 feet; thence South 620 25' 37" West 112.11 feet to said northeasterly line; thence along said northeasterly line the following courses: EXHIBIT A p~(fP 1 of ? P 3 B 3 P fl GE r t.i 9 5 ., ~ ... '1 1) North 710 19' 20" West 65.84 feet 2) North 680 05' 08" West 355.62 feet 3) North 610 25' 15" West 318.41 feet 4) North 690 19' 17" West 197.50 feet 5) North 610 51' 18" West 316.79 feet to the easterly line of said Burchell Road; thence along said 'easterly line North 00 18' 46" East 350.79 feet; thence leaving said easterly line South 890 41' 14" East 182.90 feet to a point of curvature; thence along a curve to the left with a radius of 160.00 feet" through a central angle of 690 57' 09", an arc distance of 195.34 feet; thence North 510 03' 15" East 129.93 feet; thence South 790 21' 15" East 142.48 feet; thence North 530 52' 13" East 83.19 feet; thence North 310 34' 15" East 231.47 feet; thence North 740 41' 23" East 129.19 feet; thence North 350 10' 57" West 376.17 feet; thence North 220 32' 26" West 301.39 feet; thence South 860 54' 02" West 225.17 feet; thence South 30 08' 16" West 860.47 feet to a point of curvature; thence along a curve to the right with a radius of 100.00 feet, through a central angle of 870 10' 30" an arc distance of 152.15 feet to a point of tangency; thence North 890 41' 14" West 182.90 feet to said easterly line; thence along said easterly line North 00 18' 46" East 1882.01 feet to the intersection thereof with the southerly line of the proposed future alignment of Mantelli Drive (70 feet wide); thence leaving said easterly line along said southerly line on a non-tangent curve to the left with a chord bearing of North 830 31' 42" East, radius of 1135.00 feet, through a central angle of 100 59' 53", an arc distance of 217.87 feet to a point of reverse curvature; thence along a curve to the right with a radius of 2525.00 feet, through a central angle of 350 13' 09", an arc distance of 1552.09 feet to a point of reverse curvature; thence along a curve to the left with a radius of 2235.00 feet, through a central angle of 190 51' 58", an arc distance of 774.94 feet; thence leaving said southerly line North 100 49' 41" East 897.84 feet; thence North 810 12' 07" East 434.20 feet; thence South 870 42' 37" East 945.41 feet; thence South 250 18' 15" East 188.68 feet; thence South 170 34' 42" West 529.93 feet to the point of beginning. Containing 218.7R acres of land, more or less Field Survey performed April, 1996 by Hanna & Engineers and Surveyors, Gilroy, California. P::lNO ? nr ? EXHIBIT . . '" ,i , ~ CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT P 3 8 3 PAGE I. 4 9 6 No. 5907 State of C:!~"--/ ~,K!N i~ County of VI9N771 e~AM On ~-t,-f'? beforeme,cS/HNE' ~ c?.4~eI10NO DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared qll-w ELLtTA/ ,6V/?,k / NAME(S) OF SIGNER(S) ~ personally known to me - OR - 0 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 ac- knowledged to me that he/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. WITNESS my hand and official seal. ~;{J!~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TITLE(S) o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE @1993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave" P,O, Box 7184' Canoga Park, CA 91309-7184