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Filice Family Estate (6) DOCUMENT: 20236164 Pages: 9 RECORDING~QUESTED BY: c--Lf2 (i~ 101 When Recorded Mail Document and Tax Statement To: City of Gilroy 7351 Rosanna Street Gilroy, California 95020 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 Ac;c.o~ t-I\ODA-nD...l APN: 808-19-01Ql SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s) Documentary transfer tax is $0 [ ] computed on full value of property conveyed, or [ ] computed on full value less value of liens or encu rances 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 ~. I ...,,?lUJ ~.\ \ ~O~~r:UbIiC (here insert name and title of the officer), personally appeared John M. Filice, Jr., Timothy J. Filice, Craig 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/they executed 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 person(s) acted, executed the instrument. Filice Family Estate A California Limited Partnership / ~,C7 I certify under PENALTY OF PERJURY under the laws of the State of California that the f egoing paragraph is true and correct. Signatur FD-213 (Rev 12/07) (grant)(12-07) MAIL TAX STATEMENTS AS DIRECTED ABOVE GRANT DEED .. . '. State of California County of Santa Clara On ) ) personally appeared Timothy J. 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/they executed 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 person(s) acted, executed the instrument. before me, , Notary Public (here insert name and title of the officer), I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct . (Seal) Signature e (notary)(12-07) On ) ) State of California County of Santa Clara before me, , Notary Public (here insert name and title of the officer), personally appeared John M. Filice Jr.. 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/they executed 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 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. Signature (notary)( 12-07) State of California County of Santa Clara ) ) On before me, , Notary Public (here insert name and title of the officer), personally appeared 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/they executed 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 person(s) acted, executed the instrument. I certify under PENAL OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. . Signature (Seal z ~ (notary)(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 2", as described in the Grant Deed recorded December 29, 1976 in Book C503 of Official Records, at Page 528, Santa Clara County, California, more particularly described as follows: Commencing at southwest corner of the "10.00 acre" Parcel of land 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, NOooOT03"E, a distance of 246.27 feet to the True Point of Beginning; thence from said point along the arc of a non-tangent curve to the right having a radius of 1423.00 feet, the center of which bears N76059'1 O"W, through a central angle of 05024'19", an arc distance of 134.24 feet; thence S18025'09"W, a distance of 45.28 feet; thence along the arc of a tangent curve to the right having a radius of 30.50 feet, through a central angle of 90000'00", an arc distance of 47.91 feet; thence N18025'09"E, a distance of 16.00 feet; thence along the arc of a non-tangent curve to the left having a radius of 14.50 feet, the center of which bears N18025'09"E, through a central angle of 90000'00", an arc distance of 22.78 feet; thence N 18025'09"E, a distance of 45.28 feet; thence along the arc of a tangent curve to the left having a radius of 1 ,407.00 feet, through a central angle of 08039'18", an arc distance of 212.54 feet to the westerly line of said "10.00 acre" Parcel; thence along said westerly line, SOooOT03"W, a distance of 81.83 feet to the True Point of Beginning. Containing 4,034 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. ('% fc, /vi.'? Date I 0:: S 0, o ::t 1 I (:) I ~ 1 I I~I 1 CO I 1 Wi "",1 < 1 PI co r--- -I ~ . 0 ;;;1 0 I . :z I 'f?1 <q 0:: ol/~ 1 ~I )2 I I "I 0) o !0 < 1 I "I- (0 0) I "I 52;1 I 0:::1 .0..J ;. I 'flll I.f) <q ~I . I - 0 /;'1 ~I -.J I ;J PUBLIC SERVICE EASEMENT I ill H,034 SQUARE FEET ~ 0::: I ;. I ~I ~I I "I I -.J ~I - j / ~I -1- L0 co "1-1 :JI <iJ.J "1-1 g}l <iJ.J it)1 0)1 r:v .0 !:?I .~I ~ ~I c'lj f €' - / ::; / C\ / '-- y -- LEGEND POC TPOB POINT OF COMMENCEMENT TRUE POINT OF BEGINNING PROPERTY BOUNDARY LINE NEW EASEMENT LINE EXISTING LOTLlNE FORMER LOTLlNE RADIAL BEARING (R) LINE L1 LINE TABLE BEARING N1S"25'09"E DIST 16.00' FIUCE FAMILY ESTATE PARCEL 2 C503-0R-528 CURVE C1 C2 CURVE TABLE LENGTH RADIUS DELTA 47.91' 30.50' 90.00'00" 22.7S' 14.50' 90.00'00" 722-M-20 o ~ I SCALE IN 80 I FEET: 1"= 40' 120 I 40 I I I I I I I / bJ co )--oN ;-::~ (nO 1LI ~ to >- ~ ::::l~ 2:)--0 ~z: 1LI 1LI2: u~ -u ::::lo LL...O w "i0 o ~ o o o :z t 0:::: t3 _0 am to --J LO 00 0(1) ::r:;0) U~ (f)~ a~ Ww ~~ z=> =>u o >-a o 0:::: --J l:J I I I ", --~ I - I -________ I ----------_____ poc-I ------:jV LUCHESSA A VENUE "-- ------- PARCEL 2 709-M-18 ~,.t.'r- "'''72 a. RUGGERI-JENSEN-AZAR ENGINEERS. PLANNERS. SURVEYORS EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR A PUBLIC SERVICE EASEMENT A PORTION OF PARCEL 2 AS DESCRIBED IN THE GRANT DEED RECORDED DECEMBER 29, 1976 IN BOOK C503 OF OFFICIAL RECORDS, AT PAGE 528, SANTA CLARA COUNTY, CAUFORNIA CITY OF GILROY, SANTA CLARA COUNTY, CAUFORNIA SCALE: 1"-40' DATE: DECEMBER 19, 200S JOB NO.: 062015 \ I I I I , ~ 16' PUBLIC SERVICE EASEMENT TO BE /j CREA TED BY SEPARATE INSTRUMENT , I I I I I I I I I I I I I / I 16' PUBLIC SERVICE EASEMENT TO BE CREA TED BY SEPARATE INSTRUMENT FII1CE FAMILY ESTATE PARCEL 2 C503-0R-528 16' PUBLIC SERVICE EASEMENT PORTION OF PARCEL 2 (C503-0R-5281 14,034 SQUARE FEET LEGEND EXHIBIT "e" 16' PUBLIC SERVICE EASEMENT TO BE CREA TED BY SEPARATE INSTRUMENT FII1CE FAMILY ESTATE PARCEL 2 C503 OR 528 FIlleE FAMILY ESTATE ~ ~ f2 RECORD OF SURVEY 722-M-20 GILROY UNIFIED SCHOOL DISTRICT DOCUMENT #19306680 LUC/Jes. 84 4 fIE' 'lVVe 16' PUBLIC SERVICE EASEMENT TO BE CREATED BY SEPARATE INSTRUMENT ~- --=::---- -- PARCEL 2 709-M-18 -- -- 10' PUBLIC USE EASEMENT TO REMAIN NEW EASEMENT LINE EXISTING EASEMENT LINE NEW RIGHT-OF-WAY LINE EXISTING LOT LINE FORMER LOT LINE o 120 ~ . SCALE IN 240 FEET: 1"= 120' '<<fA- RUGGERI-JENSEN-AZAR ENGINEERS. PLANNERS. SURVEYORS KEYMAP FOR PUBLIC SERVICE EASEMENT DEDICATIONS NEAR GREENFIELD DRIVE AND LUCHESSA AVENUE SCALE: 1 "=120' CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA 2008 JOB NO.: 062015 I I I I I I I I I ALTA I OAK : WAY I I I I I I I :~ IP::: IQ 15J Ir.LI IE;: iZ IEj IP::: 10 I I 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 of the 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 0 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) . PATRICIA K. lENT N CommlSllon # 1746362 ~I Notary Public . California I SOnta Clara County - J~~..__~~~~~~~~~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s@lre subscribed to the within instrument and acknowledged to me that @/she/they executed the same in~er/their authorized capacity(ies), and that ~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 WITNESS m Ie Signature - 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) 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: 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 . 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