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Eagle Ridge Development Company (2)R Orden No. Escrow or Loan No. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Do Not Charge Recording Fees Pursuant to Government Code section 27283 DOCUMENT: 17215903 Pages: 5 Fees....* No Fees Taxes... Copies. AMT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Chicago Title RDE # 010 7/24/2003 2 :31 PM Mail Tax Statements to: SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Gilroy Transfer tax — None — R &T 11922 7351 Rosanna Street Gilroy, CA 95020 A.P.N. �'/C' )/'- &C 3 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANTS to Z EAGLE RIDGE DEVELOPMENT COMPANY, LLC, CITY OF GILROY, a municipal corporation that certain real property in the City of Gilroy, County of Santa Clara, State of California, more particularly described in Exhibit 1 attached hereto and made a part hereof. By Shape I Indiistries, Inc., its managing member, (d L.�1 ,� Dated: �' 3 by: Chris Truebridge, authoriz d agent Dated: by: Marie A. Cook, authorized agent nx *gym \ALF\574143.1 -1- 01- 121102. 04706070 EXHIBIT "1" LEGAL DESCRIPTION All that real property situated in the City of Gilroy, County of Santa Clara, State of California, described as follows: A portion of Lot 39 as shown on that certain Final Map entitled 'Tract 9302, Eagle Ridge Phase N", as filed in Book 740 of Maps, at Pages 21 thru 28, Santa Clara County Records, being more particularly described as follows: BEGINNING at an angle point in the southwesterly right -of -way of Santa Teresa Boulevard as shown on said map, said point also being on the southwesterly right -of -way of Miller Avenue as shown on said map, and said point also being the northerly terminus of the course labeled N38 °33'02"W, 191.63 feet" on said map; thence along said right -of -way of Miller Avenue 1.) S38 033'02 "E, a distance of 191.63 feet to a point on the boundary common to a City of Gilroy tank site parcel and said Lot 39; thence leaving said right -of -way of Miller Avenue and running along said common boundary 2.) N65 "3&00"W, a distance of 140.00 feet; thence continuing along said common boundary- 3.) N18 "45'00"W, a distance of 90.00 feet; thence continuing along said common boundary 4.) N60 °00'00"W, a distance of 108.00 feet; thence leaving said common boundary 5.) N61 °30'00 "E, a distance of 29.59 feet to a point on the southwesterly right -of -way of Santa Teresa Boulevard as shown on said map, said point' also being on a non - tangent curve to the left, from which the radius point bears N31051'1 7"E, a radial distance of 2,580.00 feet; thence along said right -of -way of Santa Teresa Boulevard 6.) Southeasterly along said curve, through a central angle of 02041'31", a distance of 121.22 feet to the POINT OF BEGINNING. Containing 10,530.97 square feet or 0.2418 acres, more or less. END OF DESCRIPTION. * � 3I31 p LOT 39 TRACT 9362 (740- M--21) o 13� 00 00'E N A Q: N 3 0 O O Z LOT 39 TRACT 9362 (740-M-21) S c2 N31'51'17'5 R `�A �Cv EXISTING 9a .0040- , P.O.B. CITY OF r v� GILROY TANK SITS. ( 810 -39 --001) N90 00'00 "W 353.68(R 1)(R2) LINE TABLE LINE I LENGTH I BEARING LlI 29.59' S61'30'00 "W CURVE TABLE CURVE LENGTH RADIUS DELTA C1 121.22' 2580.00' 2'41'31" C2 481.04' 2580.00' 10'40'58" SCALE IN FEET: I"= 60' PLAT TO ACCOMPANY LEGAL DESCRIPTION A PORTION OF LOT 39, TRACT 9302 EAGLE RIDGE PHASE IV BOOK 740 OF MAPS, PAGES 21-28 TTY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA L 00- 0. r'J LEGEND P.O.B. POINT OF BEGINNING (T) (R) (R1) (R2) PROPERTY BOUNDARY LINE EXISTING LOT UNE NON - ACCESS S7RIP PER(Rl)(R2) TOTAL DIMENSION RADIAL BEARING 7RACT 9302 (740 -M -21) TRACT 8962 (696 -M -12) Ruggeri - jenson Azar a Associates 8055 CAAlINO ARROYO • GILROY, CA 95020 PHONE M( 848 -0300 • FAX: (4oa) 848 -0302 SCALE: DATE: JOB NO.: 1" = 60 7 -25 -2002 1 014026 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ��-� �1 On © before me, �7�f\ (\,.' \, C e-- ate Name and Title of Officer (e.g., "Jane Doe, Gh Notac =,t personally appeared - � 5 _\ �'` ��b ��� � � -� � � - C-4.1 A <, Name(s) of S" er(s) � personally known to me ❑ proved to me on the basis of satisfactory evidence JANICE T. Ia2USE Commission # 1318697 Z Z Notary Public - California > Santa Clara County Nly Comm. Expl►asAup 24, 2005 to be the person(s) whose name(s) 49/are subscribed to the within instrument and acknowledged to me that 14e>ishe /they executed the same in hisfher /their authorized capacity(ies), and that by *ieA,et /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. \TNEl!S__S my hand and offi +ci seal. nrl n rr® ., ✓ �1 Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual orporate Officer — ❑ Partner — ❑ Limite ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conse ❑ Other: V-- -�Z- Z')-(,L`-7 6 Number of Pages: _ C vTL- G- kL-� ` Top of thumb here Title(s): ° I S S \ � �• Limited ❑ General rvator Signer Is Representing,; © 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatswodh, CA 91313 -2402 - w .nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Eagle Ridge Development Company, LLC This is to certify that the interest in real property conveyed by the grant deed dated July 10, 2003 from Eagle Ridge Development Company, LLC, to the City of Gilroy, a municipal corporation of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City of Gilroy pursuant to authority conferred by Resolution No. 99 -90 of the City of Gilroy adopted December 20, 1999, a certified copy of which resolution is on record in the office of the County Recorder of the County of Santa Clara, State of California, document #15167735, dated March 1, 2000 and the grantee consents to recordation thereof by its duly authorized officer. In witness whereof, I have hereunto set my hand on July 15, J B a, City Administr�o of the Ci v of 'lrov I : \CTYCLERK\FORMS\ACCEPTANCE.DOC SCHEDULE A Order No: 946901 POLICY NO.: 946901 Premium:$ 1, 500.00 Amount of Insurance:$ 580, 000.00 Date of Policy: July 24, 2003 at 8:00 A.M. 1. Name of Insured: City of Gilroy, A Municipal Corporation 2. The estate or interest in the land described herein and which is covered by this policy is: A FEE as to Parcel One and Easements as to Parcels Two, Three and Four 3. The estate or interest referred to herein is at Date of Policy vested in: City of Gilroy, A Municipal Corporation 4. The land referred to in this policy is situated in the State of California, County of SANTA CLARA and described as follows: CLTAOPA SEE ATTACHED DESCRIPTION POLICY NO: 05 946901 Page 1 LEGAL DESCRIPTION All that certain Real Property in the City of Gilroy, County of Santa Clara, State of California, described as follows: PARCEL ONE: Lot 39 as shown on that certain Tract Map entitled, "Tract 9302, Eagle Ridge Phase IV," as filed in Book 740 of Maps, at page 21 through 28, inclusive, Santa Clara County Records. PARCEL TWO: Easements for ingress and egress and for private and public utilities and communications systems as reserved in that certain Common Area Grant Deed executed by Eagle Ridge Development Company, L.L.C., a California limited liability company to The Community of Eagle Ridge Owners' Association, a California nonprofit mutual benefit corporation dated April 26, 2000 and recorded June 7, 2000 as instrument no. 15272633, Official Records of said county. PARCEL THREE: Easement for ingress and egress and for private and public uilities and communication systems as reserved in that certain Common Area Grant Deed executed by Eagle Ridge Development Company, L.L.C., a California limited liability company to The Community of Eagle Ridge Owners' Association, a California nonprofit mutual benefit corporation dated August 18, 2000 and recorded August 31, 2000 as instrument no. 15374127, Official Records of said county. PARCEL FOUR: Easement for ingress and egress and for private and public utilities and communication systems as reserved in that certain Common Area Grant Deed executed by Eagle Ridge Development Company, L.L.C., a California limited liability company to The Community of Eagle Ridge Owners' Association, a California nonprofit mutual benefit corporation dated August 18, 2000 and recorded August 31, 2000 as instrument no. 15374128, Official Records of said county. POLICY NO: 946901 SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: PART I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but whch could be ascertained by an inspection of the land or by making an inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented minings claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any right, title, interest, estate or easements in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, whether or not shown by the public records at Date of Policy, or the effect of any violation of any such law, ordinance or governmental regulation, whether or not shown by the public records at Date of Policy. B. Rights of eminent domain or governmental rights of police power unless notice of excercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) whether or not shown by the public records at Date of Policy, but created, caused, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained of the insured claimant had been a purchaser or encumbrancer for value without knowledge. CLTA)PB POLICY NO: '946901 SCHEDULE B PART II A 1. Taxes for the fiscal year 2003 -2004, a lien not yet payable. B 2. General and Special Taxes and Assessments, if any, for the fiscal year 2002 -03 Assessment No.: 810 -39 -003 Code No.: 02 -069 First Installment: $977.28 Paid Second Installment: $977.28 Due and Payable Assessed Valuation Of Personal Property: NONE Homeowners Exemption: $0 C 3. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) of the Revenue and Taxation Code of the State of California. D 4. An Agreement, affecting said land, for the purposes, stated herein, upon the terms, covenants and conditions referred to therein, between the parties named herein For: Water pipe line Dated: December 26, 1928 Executed By: William S. Tevis, Jr., A Single Man and Miller & Lux, Incorporated, a Corporation, and Western Finance & Investment Co., a Corporation Recorded: February 5, 1929 in Book 446 at Page 309 of Official Records Said matter affects this and other property. S. Right of the Public to use as a Roadway so much of said land that lies within the boundary lines of Miller Avenue. G 6. Land Conservation Agreement with the County Of Santa Clara, Executed By: Barbara Munson, Karene Vernor, and Madelyn Ruth- OConnell Recorded: February 24, 1972 In Book 9717 At Page 18 Of Official Records Said matter affects this and other property. I 7. An Agreement, affecting said land, for the purposes, stated herein, upon the terms, covenants and conditions referred to therein, between the parties named herein cLrnoe2 POLICY NO: 946901 Page 2 SCHEDULE B - PART II (continued) For: Assignment of Exchange Agreement and First Amendment to Exchange Agreement and Consent Agreement Dated: August 7, 1997 Executed By: Shapell Industries, Inc., a Delaware Corporation; Standard Pacific Corp., a Delaware Corporation; Eagle Ridge Development Company, LLC, A California Limited Liability Company; The Filice Family Estate, A California Limited Partnership; and Glen Loma Corporation, a California Corporation Recorded: August 12, 1997 as Instrument No. 13809411 of Official Records Said matter affects this and other property. K 8. An Agreement, affecting said land, for the purposes, stated herein, upon the terms, covenants and conditions referred to therein, between the parties named herein For: Assignment of Golf Course Development Agreement and Consent Agreement Dated: August 2, 1997 Executed By: Shapell Industries, Inc., a Delaware Corporation; Standard Pacific Corp., a Delaware Corporation; Eagle Ridge Development Company, LLC, A California Limited Liability Company; The Filice Family Estate, A California Limited Partnership; and Glen Loma Corporation, a California Corporation Recorded: August 12, 1997 as Instrument No. 13809412 of Official Records Said matter affects this and other property. W 9. An Agreement, affecting said land, for the purposes, stated herein, upon the terms, covenants and conditions referred to therein, between the parties named herein For: Agreement for extensions of water distribution systems; Improvement of streets; installation of sewers, storm drains and other public works facilities and performance of project conditions of approval Dated: None Shown Executed By: City of Gilroy, A Municipal Corporation and Eagle Ridge Development Company, LLC Recorded: December 3, 1997 as Instrument No. 13962582 of Official Records Said matter affects this and other property. CLTA082C POLICY NO: 946901 Page 3 SCHEDULE B - PART II (continued) y lo. An Agreement, affecting said land, for the purposes, stated herein, upon the terms, covenants and conditions referred to therein, between the parties named herein For: Assignment of Exchange Agreement and Consent Agreement Dated: July 29, 1997 Executed By: Eagle Ridge Development Company, LLC, A California Limited Liability Company; The Filice Family Estate, A California Limited Partnership, and Glen Loma Corporation, a California Corporation; Wells Fargo Bank, National Association Recorded: August 12, 1997 as Instrument No. 13809414 of Official Records Said matter affects this and other property. M 11. An Agreement, affecting said land, for the purposes, stated herein, upon the terms, covenants and conditions referred to therein, between the parties named herein For: Assignment of Golf Course Development Agreement and Consent Agreement Dated: July 29, 1997 Executed By: Eagle Ridge Development Company, LLC, A California Limited Liability Company; The Filice Family Estate, A California Limited Partnership, and Glen Loma Corporation, a California Corporation; Wells Fargo Bank, National Association Recorded: August 12, 1997 as Instrument No. 13809415 of Official Records Said matter affects this and other property. AU MC /cg J OFFICE OF COUNTY ASSESSOR SANTA C L A R A COUNTY, CALIFORNIA � SANTA �RFS eo A BLVD. SEE al DETAIL B y REMAINDER B 258.52 AC. • TRACT N0. 8962 EAGLE RIDGE UNI TRACT N0. 9302 EAGLE RIDGE PH. lb \ DETAIL B',, i' -200' n BOULEVARD PAGE 810 39 �• a 500' ' di r5� ,wry~ 4 4r�Y��'r J 1�M tt a 28 35 AUG 0 6 2002 uwREe+ce a sra+E - AssESSOR caned �► br a arr a+r [onpi :: R t T Cody. Sme 327 Eff.mw R a Yw 2W2 -2003