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Hirasaki Farms RECORDING REQUESTED BY Name ~ity of Gilroy 7390 Rosanna St. Gilroy Ca 95020 -, P'.... ~t381. 6 - '\ :f1.- :>1':: 22 ........" Reeor 'ad at to' e . ~.- 1 Law request of 'j;er8 Title Insurance Corn. MAY 311979 J:OOAM ~t(uE I\. IViJ\I~j~, Mcorder Clara Comlly, Official Records E 531p!SE 221 SPACE ABOVE THIS LINE FOR RECORDER'S USE GY4032 -0- no transfe Escrow No. ........................ Trf. Tax $ .................. ( ) I'ull Value ( ) Equity made ..... (P'f' ' .,40 LANYERS TITLE INSURANCE C(~ .,. . '-bli:i' and when recorded mail this deed and, unless otherwise shown below, mail tax statements, to: ' Street Address City & State L -.J CORPORATION SJ68704 Order No. ........... .................... ..... GRANT DEED (EASEMENT) THIS FORM WAS PROCURED FROM I.A WYERS TITLE INSURANCE CORPORA TlbN 1)~ FOR A V ALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HIRASAKI FARMS, A CALIFORNIA CORPORATION a.corporation organized under the laws of the state of Cal i fornia hereby GRANTS to THE CITY OF GILROY, A HUNICIPAL CORPORATION 1 the following described real property in the County of Santa Clara , State of California; FOR LEGAL DESCRIPTION OF EASEMENT SEE ATTACHED EXHBIT "A" EASEr1ENT REFERRED TO ON ATTACHED EXUIBIT "A" IS A TEMPORARY CONSTRUCTION EASEMENT AND SHALL TERMINATE ON November 1, 1979 ~ ""' ~ ~ ci z co a: <t ~.A"'~AAA'I~ Lisa Dcughorty Ir NOTARY': ' C\li .cORNIA { S/,N:" .\ " My Commiss:o'l h::':r% !~. !"IM In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its thereunto duly authorized. STATE OF CALIFORNIA COUNTY OF ~rlnt-rl <:1 rlrrl On tT p r I L ; ~) (q (q before me, the under- signed a N~ry Public in and for said State, personally appeared ' e-be r ::'\ I D r r , known to me to be the '1> y-e S" Id~ n* , and known to me to be of the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that such Corpora- tion executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS ~Yhn~k"l "'~ SIgnature -.S.. ~~ L l -S h {)o U ~h -e .1:::'-1 ~ Name (Typed or Print I J-ss. Dated: March 30, 1979 CORP. By By ~o ..... .?"........'.."""...........'...,.. ,'.,.1" '",../ Lisa Dougherty NOTARY PU3LlC . CALIFORNIA S,\NTA CLARA COUNTY My Commission Expires De=-~1982 " -:~-::-~".~'r'-';'''~''' '-..~-.,::~-~ '~~~~~<: (This area for official notarial seal) MAIL TAX STATEMENT TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE. Name Street Address ritv .& ~t'!Jot,p ... E'..-'~4 .:J..j-("::2ZZ .' t~~~ n:,:;,;...;: ~. "',.f,.,"" . ~ t.' :." . .; . , " .. . /:::-;~:-;f~~~~;~\i:'T~;;';f*'i;;2 , ~< l:~....r' ..},.''::.. , .~.- " . ..' '. , :.~:;.~.r~r~;:~~;';.~:f~~~}:,:f ~.1 . ." - _ '. '".. ..: .', """. . .:..- - ." ..:'--.~~. ~.~,:'.~~~...::.~.~~.t_:.~~;.." ' . .... _. ::_. .:. . ...: '.C~':'-7.:_.-;.'-_~'~::~~:..~t_"'~:''';:::' ... . C .- . .~'. F - . ESCRIPTION' OF SANITARY:, SB-lER' EASEHENT TO BE ACQUIRED BY THE.: '. ',.... HIRAS_L\KI FN~~'iS: ~-.:' BEI~G a portion of' Par'cel No. 4 as described in t:he deed t.:> . HIRAS_\KL F:~R:;S>> a California Corporation>> recorded in " Volur.Je: 1596 at p2.ge 454; Official Records .::>f Santa Clara County>> _ ~aliforn~~, ~nd ~:~ng JilOre partic~la~ly described as follo\--:s.__ . .' :.,. ~'~"":"":"""';"~-':'-' . '. ":":'::.:":~-:., " '. .. . .-..:~-,;.~..~.::~;.:.-::~.'t::..~;~-;..~.;'~;~',-<" '. -- :~. ~." ." ,.., - '.. "":-':Parcel One .: ._:".,. .:: . - '. 0 ~~. .,. ,..' ': An exclusive ease~ent for the instzllation and maintenance of an underground sanitary sewer pipeline unrl~r~ over~ on and. across a strip ~fland 15.00 feet in ~idth>> the Eenterline of which is mare particularly described as f~llbws: BEGIKNING at a point in the southeasterly line of Lot 6 as sho:.:n on nil-ap of the Subdivision of the Elizabetb H. }~rtin Tract... . t.rhich map' is filed for record in Book ."P'" of ~'f2ps at page 31,. Records of Santa Clara. County) dtstant thereon N.51 t>ll'E. 17.62 "feet.,.from the most southerly corner ,the:ceJf, and running thence' parallel with the south.\-le.sterly line of ' said Parcell;. S.3Z007tE.2020.09 feet; thence S.32007110ItE.. . ..322 .OO.feet: ;thence.-Jeaving said parallel line ,S.49 052' E. '<;:205 .00 "feet~.c.S. 25015~.~E~'.200. 00 feet~' s. 31 015 tE~ 192.00 feet: ,andS':6 ~20' E." 81.96 . feet.; thence 'conti~uing parallel with. the ,"" south:.,:rest:e:cly line. of',said Parcel 4 and 17.50 feet distant .. therefrom at. right angles 5.32 o07'.lOHE.' 1921.45 feet and S.32D1.7IlouE.- 145.85 feet. to a point in the southeasterly line of, said P2rcel:,4,.that is. N.57 044'55"E.. 17.50 feet from' 'tbe mostsoutherlyc~)rrie:r::. thereof..". ~:.. "'. . ...<' ".. ':.:~.~~~;::~~:\~~;;;;:i~cel ~o ,.' . ". A temporary easement for the purpose of construction' of a sani tary set~er in the' easement above described over;) on 2nd across a strip of land 5.0.00 feet: in vddth;) the south:.;esterly line of which is the no1theasterlY line of the above described easem~nt ,and .exten~~ng he. f~ll l~ng,~h thereof., '. ' .' .".. ..' . ,'::, ..... . I ',..-_~ ',,"'. :~.~.;. .. . Rf'CORDER'S MI:MO FAINT WRITING OR TYPING OR CA-RBON COPIES MAKES ""OOR JlHOTOGRAJDHICRF.CORt'l ~~ j< ". t '; .. ~...:: ~ ~ ;'\ r ,: ,; ~ ~~ ~t . I.' " r .I > , IL d :\ '";0 r-:f ~! . ~, ; .;~. . ,I: -" .-. ~ .'- ".. .: . , ',. j: ~: .; ! ......,. - ',--,-: 0:;, . !." CL TA Standard Coverage -- 1973 . . SCHEDULE A Date of Policy: May 31, 1979 @ 8 : 00 am Amount of Insurance: $ 7,500.00 Policy No. H 839-753 Order No. SJ 68704/GY 4032 Charge: $116.00 1. Name of Insured: THE CITY OF GILROY 2. The estate or interest referred to herein is at Date of Policy vested in: THE CITY OF GILROY, a municipal corporation 3. The estate or interest in the land described herein and which is covered by this policy is aD. EASEMENT SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: PART I I. Taxes or assessments 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 by making inquiry of 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. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 061.0-075-0002 A (Continued) H 839-753 - SCHEDULE B PART II CONTINUED 6. Resolution altering boundaries of the Agricultural preserve in the County of Santa Clara, executed by Victor Calvo, Chairman, Board of Supervisors recorded February 27, 1970 in Book 8840 of Official Records, page 719. (Also covers other property) 7. Terms, conditions and provisions contained in that certain easement agreement, Executed by Series No. Hirasaki Farms, Inc., and Hisashi Hiraski and Shinobu Hiraski Rights to occupy buildings and improvements January 3, 1979, Book E 203, Official Records, Page 127 6247120 For Recorded 8. Terms, conditions and provisions contained in that certain grant easement, Executed by Hirashi Hirasaki and. Shinobu Hiraski and Hiraski Farms, Inc. Series No. January 3, Page 132 6247121 03, Official Records, For Recorded CL T A Standard Coverage - 1973 '~'1#' H 839-753 PART II (Continued) BEGINNING at the most Southwesterly corner of Lot 6, as shown on Map entitled, "MAP OF THE SUBDIVISION OF THE ELIZABETH H. MARTIN TRACT", which Map is recorded in Book "F" of Maps, at page 31, Santa Clara County Records, in the Northeasterly line of the Las Animas Rancho and running thence North 12055' East 42.42 feet to a point in the Easterly line of a 30 foot private Road and the line common to the lands of Hirasaki Farms Inc., and Trevis Berry and Catherine Berry, his wife, as Joint Tenants Said instrument among other things, provides: "This Deed of Easement is give for the use of a Labor Camp Saniatry Sewer line Only and on condition that the labor camp be constructed on the most Easterly or Grantees' Land. 4. An easement affecting a portion of said land for the purposes stated herein, and incidental purposes, In Favor Of Santa Clara County Flood Control and Water Conservation District For Construction, operation and maintenance of princevalle Storm Drain Channel Recorded February 15, 1961, in Book 5072, Page 181, Official Records Affects as follows: That certain 30' (foot) Private Road to Hirasaki Farms as delineated and designated on that certain Record of Survey for Brem Brothers, recorded on April 16, 1956 in Book 69 of Maps, at page 17, of Santa Clara Records, Recorder's File No. 1200206 and extending from Pacheco Pass Highway to the Southeasterly corner of that certain 19.053 acre parcel of land as set forth on the aforesaid record of survey said corner also being identified on said Record of Survey as B 2 M S Y. Said instrument, among other things, provides: "Grantee agrees as a condition of this Grant that when access by a public road is available to the princevalle Storm Drain Channel extending across lands of Hirasaki Farms, a California Corporation, grantee will abandon the Easement granted upon written request of the Grantor". 5. The fact that any rights of freeway, said By Recorded the ownership of said land does not include ingress and egress to and from the adjoining rights having been acquired Hirasaki Farms, a California Corporation March 13, 1968, in Book 8053, Page 728, Official Records 061-0-075-0005 A CLTA Standard Coverage - 1973 H 839-753 -" SCHEDULE B (Continued) 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. PART II 1. Taxes for the fiscal year 1979-1980 a lien not yet due or payable. 2. An easement affecting a portion of said land for the purposes stated herein, and incidental purposes, In Favor Of Sierra & San Francisco Power Company a Corporation For Electric Transmission Line Recorded August 26, 1912, in Book 388, Page 566, Official Records 3. An easement affecting a portion of said land for the purposes stated herein, and incidental purposes, In Favor Of Trevis Berry and Catherine Berry, his wife, as Joint Tenants For The Installation and Maintenance of an Underground Sanitary Sewer Recorded March 27, 1957, in Book 3760, Page 50, Official Records Affects A strip of land 10 feet in width, the centerline of which is described as follows: 061-(1.075.0003 A American Land Title Association Loan Po"...."'" 70 With Street Improvement Assessment Cove~ or California Land Title Association Standard Coverage Policy 1973 H 839-753 SCHED ULE C The land referred to in this policy is situated in the County of State of California, and is described as follows: Santa Clara That certain real property situate in the County of Santa Clara, State of California, described as follows: A strip of land 30 feet wide along the Southwesterly line of Lot 6, as shown upon that certain Map entitled, "MAP OF THE SUBDIVISION OF THE ELIZABETH H. MARTIN TRACT", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on October 20, 1894 in Book "F" of Maps, at page 31, and more particularly described as follows: BEGINNING at a 1 inch pipe in the fence at the Southernmost corner of the said Lot 6; thence Northwesterly along the said Southwesterly line North 320 05' West 2717.88 feet to a 1 1/2 inch pipe in the Southerly line of the Pacheco Pass Road (formerly the Old Gilroy Road) as it existed prior to 1922; thence along the said Southerly line South 880 15' East 38.42 feet to a 3/4 inch pipe; thence Southeasterly and parallel to the Southwesterly line of Lot 6, South 320 06' East 2690.20 feet to a 3.4 inch pipe in the Southeasterly line of Lot 6; thence along the said line, South 510 13' West 30.22 feet to the Point of BEginning. EXCEPTING THEREFROM that certain parcel of land granted in the Deed from Hirasaki Farms to the State of California dated April 26, 1967, recorded March 13, 1968 in Book 8053, Official Records, page 728 and more particularly described as follows: BEGINNING for reference at the Northwesterly corner of said Lot 6; thence along the Southwesterly line of said Lot 6 South 310 26' 55" East 211.79 feet to the TRUE POINT OF COMMENCEMENT". thence continuing along said Southwesterly line South 310 26' 55" East 272.76 feet; thence North 400 39' 29" East 31.52 feet to a line parallel with and distant 30.00 feet, Northeasterly at right angles from said SOuthwesterly line; thence along said parallel line North 310 26' 55' West 253.90 feet; thence South 750 33' 39" West 31.37 feet to the true point of commencement Containing 0.181 of an acre, more or less. 061-0-075-0004 A ~; 01 '-'i " I I ~ U~ -1 ~:~ I .,. ~ I, f ~ /~ '" J~~ ~ .,.., t~ "'.. I i(,' , Jl.(,j~ A'i"':'/:7' ..,,~:of> ~:V . ~ Q '" \ yj'.' 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