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Filice Family Estate (15) " 6 Ul uJ U- o Z 10688433 Fi!: .,!. ')i( K;;'i'QfJD ~ T n '1'>0. IV ,\ /,: .,[QUEST OF CJIl Of GILBOY OCT 11 3 36 FH '9(J //5'/ '~ I NO FEE PER GC SEC 27383 Recording Requested by: Jk Susanne E. Steinmetz, City Cler I City of Gilroy ( 7351 Rosanna Street Gilroy, CA 95020 \ ,k Susanne E. Steinmetz,CityClk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 r- (.II S/';.;~t; \ ; ~ LI\U i v:,.;/C;YNlY / . l'. j, P, 1: HECOHDEH .." ;:p. 1..;') I""'l - ........ eN \.0 GRANT OF EASEMENT , ..'~ This Agreement made this /C day of OC:;:, 1990, by and between the City of Gilroy, a California Municipal Corporation, hereinafter referred to as "City" and Filice Family Estate, a California Limited Partnership, hereinafter referred to as "Filice". RECITALS: WHEREAS, City is the owner of certain real property legally described on Exhibits A-1 and A-2 and shown on Exhibits B-1 and B-2 attached hereto and hereinafter collectively referred to as the "Servient Tenement"; WHEREAS, Filice is the owner of certain real property legally described on Exhibits C-1 and C-2 and also shown on Exhibits B-1 and B-2 attached hereto and hereinafter collectively referred to as the "Dominant Tenement"; and WHEREAS, City is willing to grant to Filice an easement as hereinafter described; NOW, THEREFORE, it is agreed as follows: 1. Grant of Easement. In connection with the urban development of the Dominant Tenement, City shall reasonably provide such easements as may be necessary for storm drains, water and sewer lines and other utilities on, under, or across the Servient Tenement or portions thereof, in locations to be mutually agreed upon, provided that said utilities shall be paid for and installed in accordance with City policies and standards then in effect and that such utilities do not unreasonably interfere with the City's use of the Servient Tenement. 2. Entire Agreement. This instrument contains the Entire Agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this Agreement shall be of no force and effect, except in a subsequent modification, in writing, signed by the party to be charged. 3. Binding Effect. This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written. THE CITY OF GILROY, A MUNICIPAL . B I BY: BY: . . , I PARTNERSHIP ACKNOWLEDGMENT , State of (!~IU()'" } Countyof.j~ (}1tXA.LL- 55. 7130 -e ..~_. OFFICIAL SEAL GLORIA E GILLElAND NOTARY PUBliC - CAUFor,,\j',0, SANTA CLAR,' COUNTY _~Y_~~::~~~j:e:~I1~Y,29, 1:9~ l51lPAGE NO, 203 On this the -Lh-~ay of rJC ~ 19~ before me, ~t1' f &!hJelAldJ the undersigned Notary Public, personally appeared flw.tn.J;H'~.A ~it4J)j,u~{A~~ ~erSOnallY known to me o proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITN ESS my hand and official seal. NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd, . P,O, Box 4625 . Woodland Hills, CA 91364 -' ' ,~,:;;:,~,., '- "_'_'..4""--"~_"'.'. .~,~--;. ..-/ L 51 , PAGE , 14 , EXHIBIT, A-l /' DESCRIPTION OF 15.99 ACRES FOR CITY OF GILROY: BEING a portion of Ranchlot 11 as shown on Map No. 7 accompanying the Final Report of the Referees in the Las Animas Rancho Partition Suit, Action No. 5536 had in the Superior Court of the State of California, in and for the County of Santa Clara, and being more particularly described as follows: BEGINNING at a point in the centerline of Mesa Road at the southwesterly corner of that certain 28.807 acre parcel of land shown on Record of Survey Map filed for record on May 22, 1962 in Book 147 of Maps at page 21, Records of Santa Clara County, and running thence along the southerly line of said parcel N.88002~E. 248.91 feet and S.79043~E_ 525.00 feet to an angle point in said line; thence leaving said line S.8057~5S"W. 968.77 feet; thence N.84036~48"W. 535.69 feet to a point in the westerly line of Mesa Road as shown on Record of Survey Map filed for record on July 8, 1966 in Book 211 of Maps at page 53, Records of Santa Clara County; thence along said westerly line N.10053~W. 193.00 feet and N.20033~W. 355.00 feet to the southeasterly corner of Parcel "C" as shown on Parcel Map filed for Record in Book 517 of Maps at pages 48 and 49, Records of Santa Clara County; thence along the easterly line of said Parcel "C" N.16006~E. 201.85 feet and N.405S"E. 277.00 feet to the point of beginning, and CONTAINING THEREIN 15.99 acres, more or less. RECORDER'S MEMO FAINT WRITING, TYPiNG, CARBON COPIES OR DOT MATRiX PRINTERS MAKE POOR PHOTOG~PHIC RECORD , L 5 I t PA SE I 7 4 2 ,,~. -","""" EXHIBIT A-2 DESCRIPTION OF 29.78 ACRES FOR CONVEYANCE TO THE CITY OF GILROY BY FILICE FAMILY ESTATE BEING a portion of Parcel 3 as shown on Parcel Map filed for record in Book 496 of Maps at pages 25 and 26, Records of Santa Clara County, California, and being also a portion of that certain 50.689 Acre Parcel of Land conveyed to Santa Clara Valley Water District as a flood easement and described as Parcel "A" in the AMENDED FINAL ORDER OF CONDEMNATION, Superior Court Case No. 652918, copy of which is recorded in Book K942 at page 2108, Official Records of Santa Clara County, and being more particularly described as follows: BEGINNING at the corner common to Parcels 2 and 3 in the centerline of Miller Avenue, as shown on said Parcel Map, and running thence along the line common to said Parcels N.50021"13"W. 493.94 feet, N.71051"58"W. 327.61 feet, N.49010"46"W. 123.54 feet, N.76015"03"W. 211.94 feet, S.89043"22"W. 58.21 feet and S.80024~29"W. 100.20 feet to the most southwesterly corner of the Levee Easement described as Parcel"C" in said Final Order of Condemnation; thence leaving said common line and running along the easterly line of said Parcel "C" N.9035~31"W. 40.00 feet; thence along a curve to the right with a radius of 40.00 feet, from a tangent bearing of S.80024~29"W., through a central angle of 79011"56" for a distance of 55.29 feet; thence N.20023"35"W. 138.26 feet; thence along a curve to the right with a radius of 360.00 feet, through a central angle of 30059"48" for a distance of 194.76' feet; thence along a curve to the left with a radius of 320.00 feet, through a central angle of 82000"17" for a distance of 458.00 feet; thence along a curve to the right with a radius of 400.00 feet, through a central angle of 30009~55" for a distance of 210.59 feet; thence N.41013"52"W. 543.08 feet to the most northeasterly corner to said Parcel "C" in the northeasterly line of said Parcel 3; thence along said northeasterly line S.54023~18"E. 792.80 feet, N.75020"19"E. 310.28 feet, N.62048"18"E. 232.72 feet, S.54047"13"E. 318.43 feet, S.21030"36"E. 316.66 feet, S.62000~54"E. 268.54 feet, and S.60005"00"E. 717.40 feet to the most easterly corner to said Parcel 3 in the centerline of Miller Avenue, as shown on said Map; thence along said centerline and the southeasterly line of Parcel 3 S.29017"24"W. 131.90 feet and S.35002"W. 549.23 feet to the point of beginning and CONTAINING THEREIN 29.78 acres. (. ~..-"f/ 9-U-7'0 L 5 I I PA GE t 14 3 EXHIBIT B-1 . ~ ~ .. s-'s ;:1: ...Iei . i "1-: . .- j!" .. "II ir-! . . fi &;11 '. ,I~:: Ir ! : . , ~ . ~.:'l ,~~ 1l'j ~'~...., .-----4'f'-~:J ~~.;'~ '.-:"'.": ,::;~:.";.. .,.~;';"";:', '.-'.11'.""'-" I ;"~n.."'~':,..: . .' City of Gilroy ". .. 0 0 ... ... I ;:; lis ... "'GO 0 NGO ... . n. n .. z' I 0 "'G\ C Z -4:a r- oO . .. III . i\ ... .. . ... .. Z ... ... ~ ... ~ 0 . '" III @ Filice ,.. . < '" Z c: '" --- ......... IfIt .. 0 .. :D = \ . ,@ Z ,0 . ..,... n . z G\ % .. j& \ 0 . B 0 ~ 8 ." .. c:oi ~ .. . . . Iii:;' k. :a '" -4- .: -4 . . '" 0 .- 0\ -4 III 0 n .. % Z ~ 0 c z ~ .. . H ..:" --:;: ." ~I ." - " ...... Z ~ "'... .. .. ~= .. . "'GO ~ u~ .. ' ... ~n 0 ~ '" ZG\ ~ ;: . ",:a ~ . -4' '-- . . ~ . .. .... - - '":1 . " ........... ;;; .. . .. . ,"'." ~ SANTA .. ,. -'.II......M"./--: ,..'~ ..~. h~"'~'" ....;.. .~ --' -' ,0 , ....:. ., _II' """ ... _~... .,....,'" . _",irJ' ~ e\ ,"'" _...'" " w. . ~<<" .....\...,.-. " , ""~\' ,'" .". ~) I \: L€r }-;. I ,. - . . .. III o O. TERESA "'a --- ~ ~ , ,.!J; i , i..,!/ ~1,. ~V 'il! jlll '-'" 'l' '. ... , ,f ~ ". " ,. It., .' . ---.......... ---- "", " ~7rr2: , pq.g ~.:,..n : .1 " .. ~ ~ , It.. .,.. ~ I ~r' &' I J ~'1-" " t~T.' Do _ ~. . ,,"t:.. r , .. ". j ,::,q. I r:;,:!' ~ 1- , l' ~ ,'- rod ~ : ,h - ~~. r . [lE! 31': . ! r~ L' 5 1 , rn GE. 1144 EXHIBIT B-2 .. ~. 'r :1 'I J , I ~ ~ 3@ In' rt~ o ...... c . ~ _.- -c 10 ,.. , ~. - (~. ~f)1 :: ~, ~ ' . . . : . , : , ... , :: . , 0 " ,. ~, ... '"\. >> \, Z , c~; b; l ~,.; J .,.'; ~' , ~ :! ., :~ ~.! ;., n ~.. ::.. 1-" ~: ~.Q' ',; I-' '. I ~ g, j:: l ~ '< . ~ : ; 7@ ~ .,1 : , ~ . ~ .i-Af.t?--.II! ." if Ie. ~ ,,., ~ - o. " ..., .., Q! . \..~ .. ... ;.h; :1 Q\ \V ^ ",4 4 :to ~. ~ 4+ ", ;t ... 4~ ,,+ Q~ 4'b ~ ,." .~ ..~ ij 'I -, j 1 'J ;., i , "I . ." ~~~ 'i ., '1 ~1 .:i .~,: ":1 , ~i ~ , , ,r "Z / r , {" .. n ,. ~ >> '@ , '- r;t .. ,. ';" H:r~ ~',~ :;,~ ';' .~ 00 ,'. :, CD~ '.' " ':~ 8 n I t m.. " ... "I I ~ ~t. ~. ; ..' RECORDER'S MEMO FAINT WRITING, TYPING, CARBON COPIES OR OOT';'; fAlX PRINTERS MAKE POOR PHOTOGRAPHIC FiECORD i' ';" .. : ;.:' . ; ".. L 5 I I PAGE 1 74 5 r EXHIBIT C-l That certain real property situated in the City of Gilroy, County of Santa Clara, State of California, described as follows: All of Parcels A, B, C, D, and E as shown upon that certain map entitled "Parcel Map Divisions of Parcels 1 and 2, Book 496 of Maps, Pages 25 and 26, portion of Las Animas Rancho", which Map was filed for record in the Office of the Recorder, County of Santa Clara, State of California, on September 16, 1983, in Book 517 of Maps, Pages 48 and 49. Parcel 3, as shown on the parcel map, filed February 17, 1982, Book 496, Maps, Pages 25 and 26, Santa Clara County Records. EXCEPTION THEREFROM: L 5 I I PA GE 1146 -- DESCRIPTION OF 29.78 ACRES FOR CONVEYANCE TO THE CITY OF GILROY BY FILICE FAMILY ESTATE BEING a portion of Parcel 3 as shown on Parcel Map filed for record in Book 496 of Maps at pages 25 and 26, Records of Santa Clara County, California. -and being also a portion of that certain 50.689 Acre Parcel of Land conveyed to Santa Clara Valley Water District as a flood easement and described as Parcel "A" in the AMENDED FINAL ORDER OF CONDEMNATION, Superior Court Case No. 652918, copy ox which is recorded in Book K942 at page 2108, Official Records of Santa Clara County, and being more particularly described as follows: BEGINNING at the corner common to Parcels 2 and 3 in the centerline of Miller Avenue, as shown on said Parcel Map, and running thence along the line common to said Parcels N .50021"13"W. 493.94 feet, N. 71 051" 58"W. 327.61 feet. N.49010"46"W. 123.54 feet, N.76015-03"W. 211.94 feet, S.89043"22"W. 58.21 feet and S.80024"29"W. 100.20 feet to the most southwesterly corner of the Levee Easement described as Parcel"C" in said Final Order of Condemnation; thence leaving said common line and running along the easterly line of said Parcel "C" N.9035"31"W. 40.00 feet; thence along a curve to the right with a radius of 40.00 feet, from a tangent bearing of S.80024"2S"W., through a central angle of 79011"56" for a distance of 55.29 feet; thence N.20023"35"W. 138.26 feet; thence along a curve to the right with a radius of 360.00 feet, through a central angle of 30059"48" for a distance of 194.76 feet; thence along a curve to the left with a radius of 320.00 feet, through a central angle of 82000"17" for a distance of 458.00 feet; thence along a curve to the right with a radius of 400.00 feet, through a central angle of 30009"55" for a distance of 210.59 feet; thence N.41013"52"W. 543.08 feet to the most northeasterly corner to said Parcel "e" in the northeasterly line of said Parcel 3; thence along said northeasterly line S.54023"lS"E. 792.S0 feet. N.75020"19"E. 310.28 feet, N.6204S"lS"E. 232.72 feet, S.54047"13"E. 318.43 feet, S.21030"36"E. 316.66 feet, S.62000"54"E. 26S.54 feet, and S.60005"00"E. 717.40 feet to the most easterly corner to said Parcel 3 in the centerline of Miller Avenue, as shown on said Map; thence along said centerline and the southeasterly line of Parcel 3 S.2s017"24"W. 131.90 feet and S.35002"W. 549.23 feet to the point of beginning and CONTAINING THEREIN 29.78 acres. '- ,~""/ Q-2.4-7'O -- L 5 1 1 PAGE 11'+1 ORDER':(. 295957 EXHIBIT C-2 ne land referred to herein is situated in the State ;f California, County of Santa Clara, (and is described as follows) Portion of Ranch Lot Number 11, as shown upon Map No.7 accompanying Report of Commissioners in Henry Miller, et aI, plaintiffs vs. Massey Thomas, et aI, Defendants, in the superior Court of the State of California in and for the county of Santa Clara, showing allotments made in the partition of the Rancho Las Animas, and more particularly described as follows: BEGINNING at a point on the Westerly line of Las Animas Ranch Lot Number 15, distant thereon North 1482.80 feet from a 4" x 4" post marked M.T.M. 2 set at the Southwest corner of said Ranch Lot Number 15 said point of beginning being the Northeastern corner of that certain 54.26 acre tract of land described in the Deed from Miller & Lux Incorporated, a corporation, to L.H. Clar, dated April 19, 1933 and recorded April 8, 1935 in Book 723 of Official Records, page 529, Santa Clara County Records; running thence along the Northerly line of said 54.26 acre tract North 840 West 2399.40 feet to a point on the Easterly line of that certain 5048.62 acre tract of land described in the Deed from M.E. Thomas to William S. Tevis, Jr., dated Febraury 24, 1927, recorded February 28, 1927 in Book 299 of Official Records, page 536; thence along the Easterly line of said 5048.62 acre tract described in said Deed to Tevis the following courses and distances: North 60 57' East 1058.78 feet to a 4" x 4" post marked 19 North 100 33' West 410 feet to a 4" x 4" post marked 20 North 200 33' West 355 feet to a 4" x 4" post marked 21 set in the Westerly right of way line of 40 foot road and at the Northeastern corner of 5048.62 acre tract of land described in the above mentioned Deed to Tevis; thence leaving the Easterly line of said 5048.62 acre tract and running North 160 04' East 201.85 feet to a 3/4" pipe in the center line of the aforementioned 40 foot road as the same is described in the Deed from Miller & Lux, Incorporated, to County of Santa Clara, dated October 21, 1937, recorded March 8, 1938 in Book 866 Official Records, page 236, Santa Clara County Records; thence along the center line of said 40 foot county road North 40 59' East 277 feet to the Southwestern corner of that certain 28.06 acre tract of land described in the Deed from Miller & Lux Incorporated, to William FunkIer dated July 6, 1920 and recorded July 12, 1920 in Book 512 of Deeds, page 589, Santa Clara County Records, thence along the Southerly line of the 28.06 acre tract described in said Deed to FunkIer the following courses and distance: 2 "? f(( \ 1:( L 511 PAGE 11~' 8 North 880 02' East 248.81 feet South 790 43' East 525 feet south 720 23' East 202 feet, South 82@ 43' East 175 feet, south 430 38' East 375 feet, South 790 38' East 318.71 feet, south 580 23' East 155 feet, South 660 03' East 372.90 feet, south 520 32' East 252.00 feet to a point in the Westerly line of Las Animas Ranch Los Number 15: thence leaving the southerly line of aforementioned 28.06 acre tract and running along the Westerly line of said Las Animas Ranch Los Number 15 South 1622.08 feet to the point of beginning. Excepting therefrom so much thereof as lies within the bounds of that certain 40 foot road conveyed by L.H. Clar, et aI, to the County of Santa Clara, by Deed dated October 21, 1937 and recorded March 8, 1938 in Volume 866 of Official Records, page 236, Records of Santa Clara County. Also excepting therefrom the 10 acres granted to George J. Duffin, et aI, by Deed recorded September 28, 1979 in Book E826 of Official Records, page 99. EXCEPTING THEREFROM: 9-12-90 SJV2 12A 808-19-004 67009 td/gi/tf A 803-60-4 N/l 3 .._ .::.,-_: . "~:'-:7 :.:,~ ... " ' .......,....... L 5.1 I PAGE 1149 . --,.... / .,/ ,. /- DESCRIPTION OF 15.99 ACRES FOR CITY OF GILROY: BEING a por~ion of Ranchlo~ 11 ae shown on Ma~ No. 7 accompanyina the Final Repor~ of ~he Refer~e$ in the Las Animas Rancho Partition Suit, Action No. 5536 had in the Su~erior Cour~ of the State of California. in and for the C~unt7 of Santa Clara, and being mor~ par~icularly desc~ibed ae followe: BEGINNING at a point in the centerl~e of Mesa Read at the southwesterly corner of that certain 28.807 acr~ parcel of land shown on Record of Survey Ma~ filed for r~cord on May 22, 1962 in Book 147 of Mape at page 21. Records of Santa Clara County, and running thence along the sou~~erly line of said parcel N.88.02~E. 248.91 fee~ and S.79.43~E. 525.00 feet to an angle po in1: in said line; thence leaving said line S. 8. 57 ~ 59"W . 968.77 feet; thence N.84.36~48"W. 535.69 feet to a point in the weeterly line of Meea Road as shown on Record of SurveY' Map filed for record on July 8, 19S5 in Book 211 of Maps at pace 5~, Records of Santa Clara CountY'; thence alona said westerly line N.10.S3.W. 193.00 feet and N.20.3S.W. 355.00 feet to the southeas1:erly corner of Parcel "C" as shown on Parcel Map filed for Record in Book 517 of Ma~s at pages 48 and 49, Records of Santa Clara Count7; thence along the easterly line of said Parcel "C" N.1S.0S.E. 201.85 fee~ and N.4.59~E. 211.00 feet to the point of beginning, and CONTAINING THEREIN 15.99 ac~es, more or less. RECORDER'S MEMO FAINT WRITIN~ TYPING, CARBON COPIES OR DOT MATRIX PRINTERS MAKE POOR PHOTOGRAPHIC RECORD , .. : t >I t Sf tPAiGE t 156 .. 1 CERTIFICATE OF ACCEPTANCE OF CONVEYANCE TO THE CITY OF GILROY BY' FILICE FAMILY ESTATE, A CALIFORNIA LIMITED PARTNERSHIP I, the City Administrator of the City of Gilroy, do hereby certify that pursuant to the authority given by Resolution No. 83-55, adopted by the Council of the City of Gilroy on the 18th day of July, 1983, 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 and Page 7755622, I, as said City Administrator, do hereby accept on behalf of the said City the conveyance to the City of Gilroy by ___ Filice Family Estate, A California Limited Partnership of the premises described in the attached" conveyance dated the 16th day of October , 19 ,90 , and that the said City of Gilroy consents to the recordation of said conveyance. IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of October . . of the City of Gilroy PremiumS 6,226.00 Schedule A File No. 29 5 9 5 7 & 29595 8 Policy No. CY 93078 Date of Policy September 27, 1990at 8:00 a.ID. Amount of Insurance S 3, 092 , 000 . 00 1. Name of Insured: THE CITY OF GILROY, a California Municipal Corporation MINNESOTA TITL: .6 2. The estate or interest in the land which is covered by this policy is: A FEE 3. Title to the estate or interest in the land is vested in: THE CITY OF GILROY, a California Municipal Corporation 4. The land referred to in this policy is described as follows: If Paragraph 4 is omitted, a Schedule C, captioned the same as Paragraph 4, must be used. See Schedule "C" Attached TIM Form #3439 CLTA Standard Coverage 1988 This policy valid only if Schedule B is attached. File No. 295957 & 295958 Policy No. CY 93078 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: PART I 1. Taxes or assess,l111ents 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 which may be asserted by 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, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. PART II AFFECTS PARCEL ONE: A) Currently Assessed Taxes for the fiscal year 1990-1991 a lien, but not yet due or payable. 1. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et .seq. of the Revenue and Taxation Code of the State of California. TIM #3440 CLTA Standard Coverage 1988 CLTA Standard Coverage - 1973 PART II (Continued) 2. An easement For In favor of pole line or lines COAST COUNTIES GAS and ELECTRIC COMPANY, a corporation May 18, 1937 in Book 821 of Official Records, page 339 none shown Recorded Affects Reference to the record is hereby made for further particulars. 3. Terms, conditions and provisions contained in that certain instrument entitled, "Reclaimed Water Agreement", by and between Santa Clara Valley Water District and Filice Family Estate, A California Limited partnership, dated August 15, 1977 and recorded December 28, 1977 in Book D368 page 566, Official Records. AFFECTS PARCEL TWO: A) Currently Assessed Taxes for the fiscal year 1990-1991 a lien, but not yet due or payable. 1. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et .seq. of the Revenue and Taxation Code of the State of California. 2. Right of the public to use as a roadway that portion of the herein described premises lying within the bounds of Miller Avenue. 3. An easement for the free flow of water over that portion of the premises lying within the bounds of Uvas Creek and any changes in the boundary line by natural causes or imperceptible degrees. 4. An easement For Installation and maintenance of electric energy telephone and telegraph wires Coast County Gas and Electric Company, a corp. May 18, 1937 in Book 821 of Official Records, page 399 The location is not disclosed of record. In favor of Recorded Affects CL T A Standard Coverage - 1973 PART II (Continued) 5. 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 being relinquished by Deed Series No. Rancho Tremont, a limited partnership County of Santa Clara July 24, 1972 in Book 9936, page 689, Official Records not shown From To Recorded 6. Agreement on the terms and conditions contained therein, for Between Reclaimed water agreement Filice Family Estate, a California limited partnership Santa Clara Valley Water District December 28, 1977 in Book D368, Page 556, Official Records and Recorded 7. An areement to construct land development improvements, upon the terms, vonvenants, conditions therein imposed which shall be binding upon and insure to the benefit of the successors in interest, Executed by Recorded Filice Family Estate February 19, 1982 in Book G6l0, page G647, Official Records CL T A Standard Coverage - 1973 SCHEDULE C The land referred to in this policy is sltu~ted in the Cllunty of State of California, and is desl:ribed as follows: Santa Clara City of Gilroy PARCEL ONE: DESCRIPTION OF 16.00 ACRES FOR CITY OF GILROY: BEING a portion of Ranchlot 11 as shown on Map No. 7 accompanying the Final Report of the Referees in the Las Animas Rancho Partition Suit, Action No. 5536 had in the Superior Court of the State of California, in and for the County of Santa Clara, and being more particularly described as follows: BEGINNING at a point in the centerline of Mesa Road at the southwesterly corner of that certain 28.807 acre parcel of land shown on Record of Survey Map filed for record on May 22, 1962 in Book 147 of Maps at page 21, Records of Santa Clara County, and running thence along the southerly line of said parcel N.88002~E. 248.91 feet and S.79043~E. 525.00 feet to an angle point in said line; thence leaving said line S.8055~51"W. 968.74 feet; thence N.84036~48"W. 536.29 feet to a point in the westerly line of Mesa Road as shown on Record of Survey Map filed for record on July 8, 1966 in Book 211 of Maps at page 53, Records of Santa Clara County; thence along said westerly line N.10053~W. 193.00 feet and N.20033~W. 355.00 feet to the southeasterly corner of Parcel "C" as shown on Parcel Map filed for Record in Book 517 of Maps at pages 48 and 49, Records of Santa Clara County; thence along the easterly line of said Parcel "C" N.16006~E. 201.85 feet and N.4059~E. 277.00 feet to the point of beginning, and CONTAINING THEREIN 16.00 acres, more or less. CL T A Standard Coverage - 1973 SCHEDULE C The land referred to in this policy is situJted in the County of State of California, and is described as follows: . PARCEL TWO: DESCRIPTION OF 29.78 ACRES FOR CONVEYANCE TO THE CITY OF GILROY BY FILICE FAMILY ESTATE BEING a portion of Parcel 3 as shown on Parcel Map filed for record in Book 496 of Maps at pages 25 and 26, Records of Santa Clara County, California, and being also a portion of that certain 50.689 Acre Parcel of Land conveyed to Santa Clara Valley Water District as a flood easement and described as Parcel "A" in the AMENDED FINAL ORDER OF CONDEMNATION, Superior Court Case No. 652918, copy of which is recorded in Book K942 at page 2108, Official Records of Santa Clara County, and being more particularly described as follows: BEGINNING at the corner common to Parcels 2 and 3 in the centerline of Miller Avenue, as shown on said Parcel Map, and running thence along the line common to said Parcels N.50021~13''W. 493.94 feet, N.71051~58"W. 327.61 feet, N.49010~46"W. 123.54 feet, N.76015.03"W. 211.94 feet, S.89043.22"W. 58.21 feet and S.80024.29''W. 100.20 feet to the most southwesterly corner of the Levee Easement described as Parcel"C" in said Final Order of Condemnation; thence leaving said common line and running along the easterly line of said Parcel "C" N.9035.31"W. 40.00 feet; thence along a curve to the right with a radius of 40.00 feet, from a tangent bearing of S.80024~29''W., through a central angle of 79011~56" for a distance of 55.29 feet; thence N.20023~35''W. 138.26 feet; thence along a curve to the right with a radius of 360.00 feet, through a central angle of 30059~48'' for a distance of 194.76 feet; thence along a curve to the left with a radius of 320.00 feet, through a central angle of 82000~17" for a distance of 458.00 feet; thence along a curve to the right with a radius of 400.00 feet, through a central angle of 30009~55'' for a distance of 210.59 feet; thence N.41013~52~W. 543.08 feet to the most northeasterly corner to said Parcel "C" in the northeasterly line of said Parcel 3; thence along said northeasterly line S.54023~18"E. 792.80 feet, N.75020.19"E. 310.28 feet, N.62048~18~E. 232.72 feet, S.54047~13"E. 318.43 feet, S.21030~36"E. 316.66 feet, S.62000.54"E. 268.54 feet, and S.60005~00''E. 717.40 feet to the most easterly corner to said Parcel 3 in the centerline of Miller Avenue, as shown on said Map; thence along said centerline and the southeasterly line of Parcel 3 S.29017~24"W. 131.90 feet and S.35002.W. 549.23 feet to the point of beginning and CONTAINING THEREIN 29.78 acres. INDORSEMENT ITLE INSURANCE COMPANY OF IVIINNBSOTA a Corporation, of Minneapolie, Minnesota Order No. 295957 & 295958 Fee: -0- Policy No. CY 93078 The liability of the Company, exclusive of the costs which the Company is obligated to pay under the conditions and stipulations of said policy, shall not exceed the sum of $2,000,000.00 as to Parcel One of said land and shall not exceed the sum of $1,092,000.00 as to Parcel Two of said land, described in Schedule C. This indorsement is made a part of said poicy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. CLTA Form 107.1 (Revised 2-20-61) ALTA or ALTA - Owner or Lender -~,~ ;:~1!.'l!.!})\. ,~, ,~ pr t\\\!!~I'",)",,\ '~\ SEAL)~ t,/ '- ./...~ "../IJ-:-- --~.. \~-.._- ~~~ ~.. ~ '.... 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N lit n . r ... o '" z . .. _~ I " :;' ' :i $" ,1 ;,-;:' ~! ~ r (.: " . ---- ~ .- ," - . / : ~ "-... .~ \ " (Continued from inside front cover) estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly-owned subsidiary of the insured corporation, and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. (b) After Conveyance of Title by an Insured The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from an insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to an insured, (c) Amount of Insurance, The amount of insurance after the acquisition or after the conveyance by an insured lender shall in neither event exceed the least of: (i) The amount of insurance stated in Schedule A; (ii) The amount of principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amounts of all payments made; or (iii) The amount paid by any governmental agency or governmental instrumentality, if the agency or the instrumentality is the insured claimant in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty, 3. Notice of Claim To Be Given By Insured Claimant. An insured shall notify the Company promptly in writing Ii) in case of any litigation as set forth in 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable, If prompt notice shall not be given to the Company, then as to that insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice, 4, Defense and Prosecution of Actions: Duty of Insured Claimant to Cooperate, (a) Upon written request by an insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of such insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of such insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to an insured, The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy, If the Company shall exercise its rights under this paragraph, it shall do so diligently, (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, an insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for this purpose, Whenever requested by the Company, an insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest of the lien of the insured mortgage, as insured, If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation, 5, Proof of Loss or Damage, In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by each insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage, The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage, If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage, In additon, an insured claimant may reasonably be required to submit to examination under oath by any authorized representative (Continued on insert back.) (Continued from insert front.) of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of the third party, which reasonably pertain to the loss or damage, All information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim, Failure of an insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that insured for that claim. 6, Options to Payor Otherwise Settle Claims: Termination of Liability In case of a claim under this policy, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance or to Purchase the Indebtedness, (i) to payor tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or (ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebtedness secured by the insured mortgage for the amount owing thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and covey the indebtedness and the insured mortgage, together with any collateral security, to the Company upon payment therefor, Upon the exercise by the Company of the option provided for in paragraph aliI. all liability and obligations to the insured under this policy, other than to make the payment required in that paragraph, shall terminate, including any liability or obligation to defend, prosecute. or continue any litigation, and the policy shall be surrendered to the Company for cancellation, Upon the exercise by the Company of the option provided for in paragraph alii) the Company's obligation to an insured Lender under this policy for the claimed loss or damage, other than the payment required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation, (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this . ., policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay, Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or bOil, the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation, 7, Determination and Extent of Liability This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2 (c) of these Conditions and Stipulations; (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy, (b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations, (c) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy, (d) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations, 8, Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall (Continued on inside cover)