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Filice Family Estate (9) DOCUMENT: 20236162 Pages: 6 RECORfING REQUESTED BY: IIII ~ II ~ I ~IIIIIIIIIII Fees. * No Fees ~/rlJ{-cr- Taxes. Cop i es. . When Recorded Mail Document AMT PAID and Tax Statement To: City of Gilroy REGINA ALCOMENDRAS RDE ** 003 7351 Rosanna Street Gilroy, California 95020 SANTA CLARA COUNTY RECORDER 5/04/2009 Recorded at the request of 8:00 AM Chicago Title ~~ODA""""'O,.j, APN: 808-19-014 SPACE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT G~EED 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 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(Sl 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 Filice Family Estate State of California A California Limited Partnership County of Santa Clara On ~ I u , 0" ~ before me, Jalld 1<' ..\'oIlML~'ClJ{\\ \ ~'cMratfNotary Public (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/gr:e..subscribed to the within instrument Timot y J Filice, and acknowledged to me that he/she/t~ executed the same in genera a ner his/her/their authorized capacity(ies), and that by his/~er/their j ~ signature(s) on the instrument the person(s), or the entity upon""'-- L ~ ~ behalf of which the person(s) acted, executed the instrument. Signature (Seal) 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 Sook 722 of Maps, at Page 20, Records of Santa Clara County, California; thence along the northerly line of said "10.00 acre" Parcel, S83052'01"E, a distance of 60.62 feet to the True Point of Beginning; thence continuing easterly along said northerly line, S83052'01 "E, a distance of 22.56 feet; thence along the arc of a non-tangent curve to the right having a radius of 93.50 feet, the center of which bears S56024'53"W, through a central angle of Or44'35", an arc distance of 12.64 feet to the northerly line of the Parcel described in the Final Order of Condemnation, recorded February 15, 2007 as Document #19306680, Official Records of Santa Clara County, California; thence along last said northerly line, N82017'23"W, a distance of 20.17 feet; thence along the arc of a non- tangent curve to the left having a radius of 77.50 feet, the center of which bears S55053'22"W, through a central angle of 10011'40", an arc distance of 13.79 feet to the True Point of Beginning. Containing 209 square feet, more or less. As shown on Exhibit "S" 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. d:4cf!- Andrew. . Ch1afi ,Pl$ 8005 Expires 12/3112008 Date 12-/,1:( /08 I f fPOC -____ N45'41'41"E R TPOB N83'52'Oi"~__b.1_ ~'~~ ~ o~ -----__ ---_ ~ \c;,. ---__ N55'53'22";(-- L~ -----. , L R' -- ,), --- '\ N64'09'2;;;------__ fJLJCE FAMILY ESTATE PARCEL 2 C503-0R-528 FII1CE FAMILY ESTATE DOCUMENT #16108828 LINE TABLE LINE BEARING L1 N83'52'01"W L2 N82'17'23"W DIST 22.56' 20.17' CURVE C1 C2 CURVE TABLE LENGTH RADIUS DELTA 12.64' 93.50' 7'44'35" 13.79' 77.50' 10'11'40" 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 \ \ \ \ PUBLIC SERVICE EASEMENT I209 SQUARE FEET GJLROY UNIFIED SCHOOL DISTRICT DOCUMENT #19306680 I I I I RECORD OF SURVEY I 1722-M-20 I LEGEND POC TPOB POINT OF COMMENCEMENT TRUE POINT OF BEGINNING PROPERTY BOUNDARY LINE NEW EASEMENT LINE RADIAL BEARING (R) o 30 ~ I SCALE IN 90 I 60 FEET: 1"= 30' ,~ ""721- RUGGERI-JENSEN-AZAR ENGINEERS. PLANNERS. SURVEYORS SCALE: 1"=30' DATE: DECEMBER 19, 2008 JOB NO.: 062015 16' PUBLIC SERVICE EASEMENT PORTION OF DOC .16108828 :1:209 SQUARE FEET FILICE FAMILY ESTATE PARCEL 2 C503 OR 528 FIUCE F iUfILY ESTATE 16' PUBLIC SERVICE EASEMENT TO BE CREA TED BY SEP ARA TE INSTRUMENT \ I I I I , 1r-16' PUBLIC SERVICE EASEMENT TO BE 1 CREATED BY SEPARATE INSTRUMENT , , , 1 1 1 I I I I I I I I / I ~ ~ K3 FILICE FAMILY ESTATE PARCEL 2 C503-0R-528 RECORD OF SURVEY 722-M-20 1 I I 16' PUBLIC SERVICE EASEMENT I' TO BE CREATED BY SEPARATE INSTRUMENT~ I / I J GILROY UNIFIED SCHOOL DISTRICT DOCUMENT #19306680 16' PUBLIC SERVICE EASEMENT TO BE CREATED BY SEPARATE INSTRUMENT ~----- :::::...::- - - - - - r-- - _ _ - 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 ~ SCALE IN 240 I FEET: 1"= 120' 120 I EXHIB IT " C" 'RJk RUGGERI-JENSEN-AZAR ENGINEERS. PLANNERS. SURVEYORS KEY MAP 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 1 I I 1 1 I 1 1 1 ALTA I OAK : WAY 1 I I I I I 1 :~ Ii:t: I~ 19 I~ 11i:: IZ I~ Ii:t: I~ 1 1 I I : BROOK I WAY I I 1 I 1 1 I I I 1 1 1 I I 1 1 1 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 on April 17, 2009, By: Th mas Haglund City Administrator of the City of Gilroy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .~~A~A~A~'~'~'_. County of 4-17-2009 SANTA CLARA } State of California Date before me, THOHAS HAGLUND PATRICIA K, BENTSON, NOTARY PUBLIC On Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) . MTRICIA K, BENTSON Commllllon {I 1746362 I~.,; Notary Public . Cattfornla I Santa Clara County - 1.~~._~~~~~~~~1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sXJSfare 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. Piace Notary Seal Above J Signat 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 RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: ~MA_".. ....... .. ~.-:=-::'-=-'-=------~,-v~v~~=Y'~""""~,,*~~~~~ @2007 National Notary Association' 9350 De Soto Ave.. P.O. Box 2402 . Chatsworth. CA 91313-2402' www.NationaINotary.org Item #5907 Reorder: Cali Toll-Free 1-800-876-6827