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Berry, Trevis and Catherine (2) , . . , .. /pfty/ RECORDING REQUESl BY 1353078 CITY STATE ZIP L .J \) ~. .E 442;'!G~ 475 Recorded at the request ~f Lawyers Title Insurance Corp. APf~ 2 G 197J 8:00AM GEORGE A. MANN, Recorder Santa Clara County, Official Retllrds E 44Z?1Gf 475 This space for Recorder's use LA1;QYERS TI'Tl,E H]SURANCE CORP. AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: NAME I City of Gilroy A~~~ 7390 Ros~nna St. Gilroy Ca 'I . 71635 GY4267 Title Order No. . . . . . . . . . .. Escrow No. . . . . . . . . . . . . . . FASEHENT Documentary Transfer Tax $ -0- no transfer made Computed On Full Value Of Property Conveyed __ Computed On Full Value Less Liens & Encumbrances Remaining Thereon At Time Of Sale. ~er~Title ~_n~~nc~~;voration // ///?-u ~Lc?f!;(> Sign:iture of declarant or agent determining tax - firm name. GRANT DEED FOR A VALUABLE CONSIDERA nON, receipt of which is hereby acknowledged, TREVIS BERRY AND CATHERINE BERRY, HIS r,yrFE hereby GRANT(S) to CITY OF GILROY, A r1UNICIPAL CORPORATION the following described real property in the County of Santa Clara , State of California: FOR FULL LEGAL DESCRIPTION OF EASEMENT SEE EXHIBIT "A" ATTACHED ~ io. ~ "> TFIS EASEMENT SHALL TER~INATE NOVEMBER 1, 1979 ~ " '~ ~ o Z aJ a: <( Dated r1arch 23. 1979 x ;;:~6~~ Trevis Berry / . t 55. (, . x ., tt:. L . i.-~ t-L-,. c. ~. Catherine Berry /~ // t/I before me, the ublic in and for said State, personally Berry and Catherine Berry "~'-<>-~ Lisa Dougherty NOTARY FU3L1C . CALIFORNIA SANTA CLARA COUNTY My C '. ommlSSlon ~pires Dec. 14, /982 ~w-:;-;':~lt.' Lisa Doughert Notary's Name (Typed or Printed) (This area for official notarial sea\) MAIL TAX STATEMENT TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE. Name Street Address City & State Zip EXHIBIT "A" E 4 _Zf'!G: 476 DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED BY THE CITY OF GILROY OVER LANDS OF TREVIS BERRY, ET UX: BEING a portion of Lot 6 as shown on "Map of the Subdivision of the Elizabeth H. Martin Tract", which map is filed for record in Book "F" of Maps at page 31, Records of Santa Clara County, California, and being more particularly described as follows: A TEMPORARY EASEMENT for the purpose of construction of a sanitary sewer in lands adjacent to the southwesterly line of the Grantors more particularly described as follows: A strip of land 35.00 feet in width, the southwesterly line of which is the northeasterly line of that certain parcel of land described as Parcel 5 in the deed to HIRASAKI FARMS, a California Corporation, recorded in Volume 1596 at page 454, Official Records of Santa Clara County and extending from the southeasterly line of said Lot 6 northwesterly to the most northeasterly corner of said Parcel 5 in the Southerly line of the old Pacheco Pass Highway, and EXCEPTING THEREFROM any portion contained within the State Highway. ~. EXHIBIT "An E 44 ~1'!Gt 477 DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED BY THE CITY OF GILROY OVER LANDS OF TREVIS BERRY, ET UX: BEING a portion of Lot 6 as shown on "Map of the Subdivision of the Elizabeth H. Martin Tract", which map is filed for record in Book "F" of Maps at page 31, Records of Santa Clara County, California, and being more particularly described as follows: A TEMPORARY EASEMENT for the purpose of construction of a sanitary sewer in lands adjacent to the southwesterly line of the Grantors more particularly described as follows: A strip of land 35.00 feet in width, the southwesterly line of which is the northeasterly line of that certain parcel of land described as Parcel 5 in the deed to HIRASAKI FARMS, a California Corporation, recorded in Volume 1596 at page 454, Official Records of Santa Clara County and extending from the southeasterly line of said Lot 6 northwesterly to the most northeasterly corner of said Parcel 5 in the Southerly line of the old Pacheco Pass Highway, and EXCEPTING THEREFROM any portion contained within the State Highway. E 442p.!Gf 4?B CERTIFICATE OF ACCEPTANCE OF CONVEYANCE TO THE CITY OF GilROY BY TREVIS BERRY. ET UX I. the City Administrator of the City of Gilroy, do hereby certify that pursuant to the authority given by Resolution No. 944, adopted by the Council of the City of Gilroy on the 6th day of July, 1965, at a regular meeting of said Council. 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. in Book 7027. page 228, I. as said City Administrator, do hereby accept on behalf of the said City the conveyance to the City of Gilroy by TREVIS BERRY, ET UX of the premi ses descri bed in the attached conveyance dated the 23rd day of March . 19~. and that the said City of Gilroy consents to the recordation of said conveyance. 3rd day of April of the City of Gilroy. IN WITNESS WHEREOF, l_ CL T A Standard Coverage ~ 1973 SCHEDULE A ~ Date of Policy: April 25, 1979 @8:00am Policy No. H 839-876 SJ-7l635 Amount of Insurance: $ 700. 00 Order No. Charge: $ 50.00 I. Name of Insured: CITY OF GILROY, A MUNICIPAL CORPORATION 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF GILROY, A MUNICIPAL CORPORATION 3. The estate or interest in the land described herein and which is covered by this policy is a fee. 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 which could be ascertained by an inspection of the land or by making 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 mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, 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 right of an abutting owner for access to a physically open street or highway is insured by this policy. 061-0-075-0002 A (Continued) CL T A Standard Coverage - 1973 ,~"" H 839-876 SCHEDULE B (Continued) 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 reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, 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 if the insured claimant had been a purchaser or encumbrancer for value without . knowledge. PART II 1. Taxes for the fiscal year 1979-1980 a lien not yet due or payable. 2. The fact that the ownership of said land does not include any rights of ingress or egress to or from the highway contiguous thereto, said rights having been relinquised by Deed From Trevis Berry and Catherine Berry To State of California Recorded May 9, 1968, Book 8116, Official Records, Page 460 Series No. 3413094 Except that said Land shall have access to a frontage road which will be connected to the freeway only at such points as may be established by public authority. 3. WAIVER OF ANY CLAIMS for damages to said property by reason of the location, construction, landscaping or maintenance of the freeway as contained in a Deed to the State of California Dated April 16, 1968 From Trevis Berry and Catherine Berry Recorded May 9, 1968, Book 8116, Official Records, Page 460 Series No. 3413094 06I,()'075-0003 A CL T A Standard Coverage - 1973 ,<'" H 839-876 PART II (Continued) 4. Conditions contained in' the 'lease executed by Trevis Berry and Catherine Berry, Lessors to Golden West Pancakes, a California corporation, Lessee Recorded September 9, 1972 . in Book 0013 of Official Records, Page 267, as follows: Lessor shall not lease or permit or allow any other food, retail beverage business or any coin operated machines for the disbursement of food, candy or beverages to be located on Lessors remaining lands withour the prior consent of lessee: . 5. Conditions contained in the lease executed by Trevis Berry and Catherine Berry, Lessors to Shell Oil Company, a Delaware corporation lessee, recorded January 17, 1973 in Book 198 of Official Records, page 227, as follows: No petroleum products for motor vehicles shall be advertised, stored sold or distributed on lessors remaining lands. 6. The above Vestees acquired title as follows: By Grant Deed From Pete Dellanini and Virginia Dellanini Dated November 30, 1951 Recorded December 10, 1951, Boo, 2331, Official Records, Page 362 Series No.: None Shown Transfer Tax $49.50 Assessed valuations for taxes, Assessed Value Land Assessed Value Improvements Assessed Value Personal Property Tax Rate: 5.327 Bill as follows: $41,750.00 $9,000.00 $-0- No. 841-17-033 Assessed valuations for taxes, as follows: Assessed Value Land $21,750.00 Assessed Value Improvements $2.975.00 Assessed Value Personal Property $-0- Tax Rate: 5.458 Bill No. 84l~17-037 Address of the above vestees, as disclosed by tax rolls is as follows: 7801 Miller Road, Gilroy, Ca 95020 7. A Lease affecting the premises herein stated, executed by and between the parties named herein, for the terms and upon the terms, covenants, conditions therein provided, Dated October 15, 1971 Lessor Trevis Berry and Catherine Berry Lessee Golden West Pancakes Term 15 years with option for renewal Recorded September 9, 1972, Book 0013, Official Records, Page 267 4343397 Series No. Affects Said lease does not disclose of record the exact legal description affected. 061-0-075,0005 A American Land Title Association Loan Pol" '70 With Street Improvement Assessment Cove,,,,, or California Land Title Association Standard Coverage Policy 1973 SCHEDULE C H 839-876 The land referred to in this policy is situated in the County of Santa Clara, City of Gilroy, State of California, and is described as follows: PARCEL 2, as shown on that certain Map entitled, "PARCEL MAP, being a resubdivision on Parcel 2 as shown on Parcel Map filed in Book 285 of Maps at page 45, Santa Clara County Records", filed for record on May 10, 1972, in Book 300 of Parcel Maps, at page 53, Santa Clara County Records. 061-0,075,0004 A /T -. . lIl'- __ ~ ~. _ -,4;, ' ;"'r~ ~"'-d.. _ _ __ !t.~.~/ '~\')~"" .:_~:~ ~..'. , . . ~ ........ l ~:...~ SS ' . 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