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Bonfante Nurseries (2) RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: Name BONFANTE NURSERJES L.L.C. Slreet Address 3050 HECKER PASS HWY. City & State Zip GILROY, CA 95020 Title Order No. Escrow No. T 355 Legal (2-94) Docl:l :1 4801459 5/10/1999 1 :51 PM " , ,.-.,. ;-, -', ....~, ...'~"l..\~. "~'>': -, ~ 1--:15 \~" ~ , ;;\ CL/.FrA COUNTY HECOF1DER SPACE ABOVE THIS LINE FOR RECORDER'S USE Grant Deed OF EASEMENT THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS $ o _ unincorporated area 0 City of Parcel No, o computed on full value of interest or property conveyed, or o computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERA TION, receipt of which is hereby acknowledged, BONFANTE NURSERIES, LLC , a Delaware LLC, a Delaware Limited Liability Company " hereby GRANT(S) to City of Gilroy, a municipal corporation a temporary construction easement over the following described real property in the t f Santa Clara coun y 0 , state of California: SEE EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE Dated 5--;'~~ ) q g I ~~~T;T~FO~ALlFORNIA 5(U~+(l, C[ /t\c:l } 8,8. On ()1 {It ~ Ci , 19 CJ before me, (I '[b__v): 1 H '\ 11trJll ~-Z./ a Notary Public in and for said County and State, personally appeared I L V'Yl C personally known to me, O1"J?I'oved -to me 0 -the~sis of satisfactory eY1deri'c8)lo be the personGij whose nameOO isl~ ~ubscribed to the within instrument and acknowledged to me .that he/sfreJt~ executed the same in Jlisllj(r:Jtt)eir authorized capacity(ies), and that by hislb)(r/t~1r signature(s} on the instrument the person~. or the entity upon behalf of which {tie person~ acted, executed the instrument. WITNESS my h n a d Offi~C;Lf ' Signature " J. V~t LLC J" .- ,.. ,6-,,"'" ^"'.--.'"". .>.....A... -- --- --- J ~~':'"C _ ._. /'- ,...'. -. C~;f'::~~? _ et:"", (linrnl55lQn If ,.<:,2618 z ~ '"'_:;':! ' orary PuOlic - Califar.ia ~ tz \~'" "', Santa Clara CJunty :1- ,~;,C,> l.ty Comr;, E;q'Jres 1\/'..."$7.2003 fIP'"",."..... ...,.... ___ __ __ __ __ ___ ~, (This area for official notarial seal) Name Slreet Address LOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE City'& State BONFANTE NURSERIES. INe. APN 810-19-003 11-17-98 Rev. 2-17-99 TEMPORARY CONSTRUCTION EASEMENT A 15 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS OF CONSTRUCTION EQUIPMENT, MATERIALS AND PERSONNEL AND FOR ALL USES NECESSARY, INCLUDING STORAGE OF CONSTRUCTION MATERIALS, TO FACILITATE CONSTRUCTION OF A WATER PIPELINE AND ALL APPURTENANT FACILITIES TO BE PLACED WITHIN LANDS ADJACENT TO THIS CONSTRUCTION EASEMENT. THIS CONSTRUCTION EASEMENT LIES WITHIN THE LANDS OF BONFANTE NURSERIES, INe. AS SAID LANDS ARE DESCRIBED IN THAT GRANT DEED RECORDED IN DOCUMENT NO. 14013559, SANTA CLARA COUNTY RECORDS, SAID LANDS LYING IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, THE SOUTHERLY LINE OF SAID 15 FOOT EASEMENT LYING 7.50 FEET NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT IN THE CENTERLINE OF HECKER PASS HIGHWAY AS SHOWN ON THAT PARCEL MAP RECORDED IN BOOK 380 OF MAPS AT PAGE 42, SANTA CLARA COUNTY RECORDS, SAID POINT BEING THE NORTHWEST CORNER OF PARCEL ONE AS SHOWN ON SAID MAP; THENCE S 0058' E ALONG THE WEST LINE OF SAID PARCEL ONE, 57.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 85038' W PARALLEL WITH HECKER PASS HIGHWAY AS SHOWN ON THE RECORD OF SURVEY RECORDED IN BOOK 29 OF MAPS AT PAGE 16, SANTA CLARA COUNTY RECORDS, 1,126.19 FEET; THENCE S 55016'52" W 144.09 FEET MORE OR LESS TO A POINT DESIGNATED AS POINT 'A'; LAST SAID POINT LYING 26.60 FEET NORTHEASTERLY FROM THE NORTHEASTERLY LINE OF THE EXCEPTION IN SAID DOCUMENT; THE SIDELINES OF THIS 15 FOOT TEMPORARY CONSTRUCTION EASEMENT SHALL EXTEND S 55016'52" W 30 FEET MORE OR LESS TO A POINT ON THE NORTHEASTERLY LINE OF THE EXCEPTION IN SAID DOCUMENT. THE SOUTHWESTERLY LINE OF THE CONTINUATION OF THIS 15 FOOT TEMPORARY CONSTRUCTION EASEMENT SHALL LIE NORTHEASTERLY 7.50 FEET FROM THE FOLLOWING DESCRmED LINE: BEGINNING AT SAID POINT 'A' AND RUN S 32029' E 206.83 FEET AND S 31034' E 356.82 FEET MORE OR LESS TO A POINT ON THE SOUTHWESTERLY LINE OF LAST SAID LANDS, LAST SAID POINT LYING S 67023' E 95.52 FEET FROM AN ANGLE POINT IN LAST SAID LANDS; THE SIDE LINES OF TffiS 15 FOOT TEMPORARY CONSTRUCTION EASEMENT SHALL SHORTEN OR ELONGATE TO INTERCEPT THE LAST SAID SOUTHWEST LINE. THIS ; TEMPORARY CONSTRUCTION EASEMENT SHALL ACTIVATE WITH A 10 DAY NOTICE TO THE GRANTOR BY TELEGRAM AND END DAYS THEREAFTER DODGE & ASSOCIATES, SURVEYING 2341 Montezuma Drive Campbell, CA 95008 408379-3478 Fax 408 378-1241 ~' CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Bonfante Gardens, LLC., a Delaware LLC, a Delaware Limited Liability Company This is to certifY that the interest in real property conveyed by the grant deed dated May 4, 1999 from Bonfante Gardens, LLC, a Delaware LLC, a Delaware Limited Liability Company, 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. 97-62 of the City of Gilroy adopted December 1, 1997, 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 #i3986427, dated December 22, 1997 and the grantee consents to recordation thereof by its duly authorized officer. '." In witness whereof, I have hereunto set my hand on May 5, 1999, By: ~(?~--- Michael Dorn, Acting City Administrator of the City of Gilroy I:\CTYCLERK\FORMS\ACCEPT A2, WPD