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Filice Family Estate (10) RECORDING REQUESTED BY: ~V"~ When Recorded Mail Document and Tax Statement To: City of Gilroy 7351 Rosanna Street Gilroy, California 95020 DOCUMENT: 20236163 ~ ~ W ~ II ""11 ~ ~ Pages: 7 Fees. Taxes. Copies. AMT PAID * No Fees REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Chicago Title ROE ** 003 5/04/2009 8:00 AM AcGot-4 MOokn 0"-1 APN: 808-19-014 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s) lA A /A ~ Documentary transfer tax is $0 ~ [ ] computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of sale, [ ] Unincorporated Area City of Gilroy, **"This is a conveyance of an easement and the consideration and value is less than $100, FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Filice Family Estate, a California Limited Partnership hereby GRANT(S) to City of Gilroy, a municipal corporation the following described real property in the City of Gilroy, County of Santa Clara, State of California: a Public Service Easement for any and all public service purposes including, but not limited to the construction and maintenance of poles, wire, and conduits for storm drains, sanitary sewers, water lines, gas lines, electric lines, telephone lines, television and traffic signal facilities, sidewalks, public utilities, and appurtenances to all the above, under, on or over the area which is fully described in Exhibit A, which is attached hereto and made a part hereof. The above mentioned Public Service Easement shall remain open and free from buildings and structures and their appurtenances, except for irrigation systems and their appurtenances, lawful fences, walkway and all lawful unsupported roof overhangs DATED: January 7, 2009 State of California County of Santa Clara On ~~ Janet K. Wall ce , Notary Public (here insert name and title of the officer), personally appeared John M. Filice, Jr.. Timothy J. Filice, Craiq P. Filice, who 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/the'Lexecuted 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 pe sones) acted, executed the instrument. Filice Family Estate A California Li i ed Partnership ~C-;; Signature Craig P. Filice General partner FD-213 (Rev 12/07) (grant)(12-07) EXHIBIT "A" LEGAL DESCRIPTION FOR A PUBLIC SERVICE EASEMENT An easement over that certain real property situate in the City of Gilroy, County of Santa Clara, State of California, being a portion of "Parcel One" as described in the Grant Deed recorded February 14, 2002 as Document #16108828, Official Records of Santa Clara County, California, more particularly described as follows: Commencing at the northwest corner of the "10.00 acre" Parcel, as shown on that certain Record of Survey Map filed December 15, 1999 in Book 722 of Maps, at Page 20, Records of Santa Clara County, California; thence along the westerly line of said "10.00 acre" Parcel, SOooOT03"W, a distance of 331.90 feet to the True Point of Beginning; thence from said point along the arc of a non-tangent curve to the left having a radius of 1 ,407.00 feet, the center of which bears N80014'09"W, through a central angle of 09008'42", an arc distance of 224.57 feet; thence S89022'51 "E, a distance of 16.00 feet; thence along the arc of a non-tangent curve to the right having a radius of 1 ,423.00 feet, the center of which bears N89022'51"W, through a central angle of 12023'41", an arc distance of 307.84 feet to a point on the aforementioned westerly line; thence along said westerly line, NOooOT03"E, a distance of 81.83 feet to the True Point of Beginning. Containing 4,290 square feet, more or less. As shown on Exhibit "B" and Exhibit "C" made a part hereof. END OF DESCRIPTION This legal description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. /2- /(~( /oB I I Date POCr______ Eo-< ~-__ ----_ ~ ' ---- - 1Zl' ---- :~~; \~ I~u~ r.. g ~ RE ORD Of SURVEY , ~ I 722~M-20 :~ L1(R) I -Ifi:: il I g I I I ~I I I ~I owl I I I 81 I ~I I P, I" I-+-- PUBLIC SERVICE EASEMENT g I I 1 ' :1::4,290 SQUARE FEET z, ' 101 1 " 1 /[3 : / / I / / II.; / t/g / :,;: , : 2/ ' <'::, I TPOB :~, 0:: , I ,:~ : 1,_2/ ,~ I r--.. , <'::, i I I , I , , , W I- ~ ro (J) (I.l W(I.llf) )-.--11 --1wO:: -Uo 2:0::1 ~<((1) u...O W If) U U :J G: , , , I GJLROY UNlfJED SCHOOL DJSTRJCT DOCUMENT #19305580 LUCHESSA A VENUE EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR A PUBLIC SERVICE EASEMENT A PORTION OF PARCEL ONE, AS DESCRIBED IN THE GRANT DEED, RECORDED FEBRUARY 14, 2002 AS DOCUMENT #16108828, OFFICIAL RECORDS OF SANTA CLARA COUNTY, CALIFORNIA CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA POC TPOB LINE L1 L2 CURVE C1 C2 o ~ LEGEND (R) POINT OF COMMENCEMENT TRUE POINT OF BEGINNING PROPERTY BOUNDARY LINE NEW EASEMENT LINE EXISTING LOT LINE FORMER LOT LINE RADIAL BEARING LINE TABLE BEARING N89"22'Sl"W NOO.07'03"E DIST 16.00' 81.83' CURVE TABLE LENGTH RADIUS DELTA 224.57' 1407.00' 9"08' 42" 307.84' 1423.00' 12"23'41" 80 I 240 I 160 I SCALE IN FEET: 1"= 80' L ~ T~, ~~, ~'J2~" RUGGERI-JENSEN-AZAR ENGINEERS. PLANNERS. SURVEYORS SCALE: 1"=80' DATE: DECEMBER 19, 2008 JOB NO.: 062015 16' PUBLIC SERVICE EASEMENT TO BE CREA TED BY SEPARATE INSTRUMENT FIIlCE FAMILY ESTATE PARCEL 2 C503 OR 528 FIUCE FAMILY ESTATE DOCUMENT #16108828 16' PUBLIC SERVICE EASEMENT PORTION OF DOC -16108828 :t4,290 SQUARE FEET l I I I I I lr-16' PUBLIC SERVICE EASEMENT TO BE /j CREA TED BY SEPARATE INSTRUMENT , , , I I I , , , , I I I , / , FIIlCE FAMILY ESTATE PARCEL 2 C503-0R-528 RECORD OF SURVEY 722-M-20 , , , 16' PUBLIC SERVICE EASEMENT " TO BE CREATED BY SEPARATE INSTRUMENT~ , / , J GILROY UNIFIED SCHOOL DISTRICT DOCUMENT #19306680 16' PUBLIC SERVICE EASEMENT TO BE CREA TED BY SEPARATE INSTRUMENT ~~- --:::---- -- PARCEL 2 709-M-18 - - :::.- 10' PUBLIC USE EASEMENT TO REMAIN LEGEND - - - - - - - NEW EASEMENT LINE - - - - EXISTING EASEMENT LINE NEW RIGHT-OF-WAY LINE EXISTING LOT LINE FORMER LOT LINE o 120 ~ I SCALE IN 240 FEET: 1"= 120' EXHIBIT "c" )'bn~ "","'- ':It'%\,-:;< _ ",=.%-~ ..." 1 ~ RUGGERI-JENSEN-AZAR ENGINEERS. PLANNERS. SURVEYORS KEYMAP FOR PUBLIC SERVICE EASEMENT DEDICATIONS NEAR GREENFIELD DRIVE AND LUCHESSA AVENUE CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA SCALE: 1"=120' DATE: DECEMBER 19, 2008 JOB NO.: 062015 ALTA OAK WAY ~ ~ ~ 9 l:il l'i:: z l:il l:il 0:: o I I : BROOK I WAY I I I I I I I I I I I I I I I I I I I I I I i r 360 I CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Filice Family Estate, a California Limited Partnership This is to certify that the interest in real property conveyed by the Easement Grant Deed dated January 7, 2009 from Filice Family Estate, a California Limited Partnership, 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. 2008-56 ofthe City of Gilroy adopted December 15,2008, 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 #20093294, dated January 9, 2009 and the grantee consents to recordation thereof by its duly authorized officer. In witness whereof, I have hereunto set my hand on April 17, 2009. () BY:~ Thomas Haglund City Administrator of the City of Gilroy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . County of 4-17-2009 SANTA CLARA } State of California Date before me, THOl1AS HAGLUND PATRICIA K. BENTSON, NOTARY PUBLIC On Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) e PATRICIA K. IENTSON Commlaalon # 17.6362 ,~. Notary Public . California I Santa Clara County . J," ~ ~ . ~ ~~~~~~~~ ., who proved to me on the basis of satisfactory evidence to be the person(s) whose name(~re subscribed to the within instrument and acknowledged to me that ~he/they executed the same i~er/their authorized capacity(ies), and that by~er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above Signatu OPTIONAL 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: ~~,~.'~,,'~~,,'~.~~~~ @2007 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402. www.NationaINotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 ILIJEGffiLE NOTARY SEAL DECLARATION (Government Code 27361.7) I declare under penalty of perjury that the notary seal on the document to which this statement is attached, reads as follows: NAME OF NOTARY PUBLIC: ~0 \ \ No-\~V\ COMMISSION NUMBER: J 0l3B4{p COMMISSION EXPIRES: ??J II ~ {20 1'2- NOTARY PUBLIC STATE: cA- COUNTY:<2,~ 0bX9 SIGNATURE OF DECLARA~ \hr.C1.J~g ~ PRINT NAME OF DECLARA~T: Kathy V onDemfange ( D CITY & STATE OF EXECUTION: San Jose, California DATE SIGNED: .~ '5/ I ) d1