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Housing Authority of Santa Clara CountyDOCUMENT: 21 474793 Pages: 12 Fees.... No Fees Taxes... Recording Requested By I I. Copies.. 90.0_0 and When Recorded Mail to: AMT PAID 90.00 City of Gilroy RDE # 005 7351 Rosanna Street REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER 12/27/2011 Gilroy, CA 95020 Recorded at the request of 12:08 PM Attn: City Clerk City GRANT OF EASEMENT AND AGREEMENT THIS GRANT OF EASEMENT AND AGREEMENT ("Agreement "), is made this — day of �Ii9t�'�s,�t -e , 2011, by and between HOUSING AUTHORITY OF THE COUNTY OF SANTA CLARA, a , hereinafter referred to as "Grantor ", and CITY OF GILROY, a California municipal corporation, hereinafter referred to as "Cit " Y• WHEREAS, Grantor is the owner of certain real property in the City of Gilroy, County of Santa Clara, California, being all of Parcel 3 as more particularly described on Exhibit A attached hereto and made a part hereof (the "Land "). WHEREAS Grantor has applied to City for the issuance of a permit to rehabilitate the units and rebuild the community center (the "Permit "). WHEREAS, as a condition of approval to the issuance of the Permit, Grantor is required to grant to City the easements described below. NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1 Grantor hereby grants to City a perpetual nonexclusive public utility easement over, under, and upon that ten (10) foot wide easement area located on the Land and more particularly described on Exhibit A and depicted on Exhibit B attached hereto (the "Easement Area "), for the WGVn X21 111010-04706084 installation, operation, use, replacement (of the initial or any other size) and maintenance of underground water line facilities as City shall from time to time elect, including without limitation pipe lines and valves, fire hydrants, water service laterals, and associated or related fixtures and appurtenances. Grantor further grants to City the perpetual right, privilege and easement to enter upon the Land contiguous to the Easement Area as is reasonably necessary for City to fully utilize the Easement Area and exercise its easement rights under this Agreement, including without limitation the right of ingress and egress to and from the 10 Foot Easement Area and for the excavation of and deposit of earth, fill and necessary building materials during the course of constructing, replacing, repairing, and /or maintaining said water line facilities. Grantor expressly reserves for itself, its successors and its assigns, the right to use the Easement Area or to grant other easements or licenses at the same location so long as such uses do not unreasonably interfere with the rights granted to City pursuant to this Agreement. 2. Grantor shall keep the 10 Foot Easement Area, and the area extending _zero_ feet outside of the 10 Foot Easement Area on both sides of the exterior boundaries of such 10 Foot Easement Area, free of all buildings and other structures. 3. Upon City's completion of any installation, maintenance, repair or maintenance of City's facilities within the Easement Area, City shall replace any earth displaced as a result of City's activities, shall establish a firm compacted subgrade sufficient to support a standard asphalt or concrete driveway and restore the area to grade, and shall promptly repair and restore to its original condition any standard asphalt or concrete driveway surface areas damaged or destroyed by City's work. In no event shall City be obligated to repair or replace any landscaping or any other improvements damaged or destroyed as the result of City's work, including without limitation any decorative concrete paving. 4. Grantor represents and warrants that as of the date this Agreement is recorded in the Official Records of Santa Clara County, California, there are no mortgages or deeds of trust affecting the Land other than the deeds of trust described in the consents appearing in this Agreement below, and no other liens, encumbrances, covenants, conditions, restrictions, reservations or covenants which could result in the termination of this Agreement or the rights granted hereunder under any circumstance. uas22 111010-04706084 5. City shall comply with all applicable laws, ordinances and regulations, including but not limited to all applicable regulatory, environmental and safety requirements, in exercising its rights under this Agreement. 6. This instrument contains the entire agreement between the parties relating to the easements granted herein and the rights and obligations relating to such easements. Any oral representations or modifications concerning this instrument shall be of no force or effect except in a subsequent modification in writing, signed by all of the parties to this Agreement. 7. This instrument shall bind and inure to the benefit of the respective successors and assigns of the parties hereto and all subsequent owners of any portion of the Land and their respective successors and assigns. 8. In the event City needs to enter and use the Land surrounding the Easement Area to effect any repair or maintenance, City will give Grantor at least 10 days notice, except in the case of an emergency, in which case no prior notice shall be required. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. GRANTOR: HOUSING AUTHORITY OF THE COUNTY OF SANTA CLARA, a O�� b Inc Lo r poru f i ati By: f44 Its: 6eet �C'( v«s23 111010-04706084 CITY: CITY OF GILROY, a California municipal corporation By �`- Thomas J. Haglu d, City Administrator Attest: Shawna Freels, City Clerk Approved as to Form: Linda A. Callon, City Attorney Consents of Trust Deed Beneficiaries continued on the next page vasWsa24 111010-047060&3 SIERRA WEST LAND SURVEYING, INC. 1359 Sand Hill Ct. Oakdale, Ca. 95361 Exhibit "A" Legal Description for a 10' wide Water Line Easement over the Lands of the Housing Authority of Santa Clara County All that real property situate in the City of Gilroy, County of Santa Clara, State of California, being the Lands of the Housing Authority of Santa Clara County, as said lands are described in that certain grant deed recorded on September 26, 1980 in Book F 608 of Official Records at page 525, Santa Clara County records, being all of Parcel 3 as said parcel is shown on that certain Parcel Map, recorded in Book 439 of Maps at page 52, Santa Clara County records, lying entirely within the Las Animas Rancho, Santa Clara County and being an easement 10' in width for water line purposes over a portion of said lands, the centerline of which is more particularly described as follows: BEGINNING at the most northeasterly corner of said Parcel 3 as said parcel is shown on said map; thence along the easterly right of way line of Wren Avenue, as said right of way is shown on said map, South 001 51' 24" West, a distance of 63.01 feet to the beginning of a curve to the left; thence along said curve having a radius of 957.00 feet, through a central angle of 4° 35' 04 ", for an arc length of 76.57 feet to the centerline of the 10' wide easement herein described and the TRUE POINT OF BEGINNING; thence North 850 43' 44" East, a distance of 68.19 feet; thence South 72° 20' 08" East, a distance of 113.54 feet; thence South 890 09' 08" East, a distance of 188.20 feet; thence South 44° 41' 14" East, a distance of 30.68 feet; thence South 890 41' 13" East, a distance of 59.97 feet; thence South 02° 48' 15" East, a distance of 15.20 feet; thence South 000 51' 07" West, a distance of 207.58 feet to the northerly right of way line of Third Street, as said right of way line is shown on said map, being a point on said right of way line easterly of the beginning of a curve having a radius of 965.00 feet as shown on said map, distant thereon 97.62 feet having an included angle of 05° 47' 46" and being the terminus of the herein described easement containing an area of 6,834 square feet, more or less. The side lines at the beginning and end of the herein described easement will be lengthened or shortened as required to terminate at the property line of the said Lands of the Housing Authority of Santa Clara County. The bearing, North 89° 14' 30" West, of the northerly property line of Parcel 3, as said parcel is shown on that certain Parcel Map recorded in Book 439 of Maps at page 52, Santa Clara County records, was used as the basis of all bearings shown on this plat. A plat labeled "Exhibit B" showing the hereinabove described easement is attached hereto and made a part thereof. This description was prepared by me or under my_&g2fion. Bradley A. Bilbo Exp.: 03/31/12 �a tiAwa sG� vim`' 8 A. `0 a 0 * KS 6141 rn� EAP- 03411h2 OR CAL%F�� Page 1 of l i T -z -�- w AVEr1UE -- W TpOs S00'51 '24 "W f / I 63.01 POs I o_ I R= 957.00 N 85'43'44" E I L =76.57 68.19' I A= 4'35'04" I t 9ASLS OF BEARN01 THE BEARING, NORTH 89' 14' 30" WEST, OF THE NORTHERLY PROPERTY UNE OF PARCEL 3, -- - - - - -- EASEMENT UNE AS SAID PARCEL IS SHOWN ON THAT CERTAIN -PROPERTY UNE PARCEL MAP RECORDED IN BOOK 439 OF MAPS RIGHT OF WAY UNE AT PAGE 52, SANTA CLARA COUNTY RECORDS, - CENTER UNE WAS USED AS THE BASIS OF ALL BEARINGS fA 0 n N w c� o z _ r- a � a w w m w U- z o - J a m ed Kr I� �8 f�41 SHOWN ON THIS PLAT. EXHIBIT wBw PLAT TO ACCOMPANY LEGAL DESCRIPTION c FOR WATER LINE EASEMENT LANDS OF THE HOUSING AUTHORITY OF SANTA CLARA COUNTY GILROY, CA. SCALE: 1 " =80' ' N0. REVISIONS DATE: 09/22/10 DRAWN BY: BB CHECKED BY: JIM PROJECT NO. 1042 r a w a 0 a a ,,_<--- �SIERRAgIWEST LAND SURVE INC. 1359 SAND HILL CT. OAKDALE. CA. 95361 (209) 845 -2773 FAX (209) 845 -9042 / 35.00' S S 72'20'08" E E / I ! 113.54' 35..00 z z / / J E w EASEMENT z J z / / LANDS OF THE HOUSING AUTHORITY I I Q O OF SANTA CLARA COUNTY r 7 3 A 7750 WREN AVENUE 10.00' a 3 APN 808 -08 -004 _ I 1 3 y B BOOK F 608 O.R. 525 U- a a P PARCEL 3, 439 MAPS 52 I 0 0 w w I I 4. 35.00' a a 1 10' MADE I 0 o o W WATER UNE a E EASEMENT I a a g g' �' �' I I� S 89'09'08" E F I 188.20' ca a a I II - 3 35.00' I S I I R= 965.00 30.68' e = 5'47'46" I 10.00' S 02'48'15" E 0 I I S 89'41'13" E 1 59.97' l _ _ S 00'51'07" _W 207.58' 9ASLS OF BEARN01 THE BEARING, NORTH 89' 14' 30" WEST, OF THE NORTHERLY PROPERTY UNE OF PARCEL 3, -- - - - - -- EASEMENT UNE AS SAID PARCEL IS SHOWN ON THAT CERTAIN -PROPERTY UNE PARCEL MAP RECORDED IN BOOK 439 OF MAPS RIGHT OF WAY UNE AT PAGE 52, SANTA CLARA COUNTY RECORDS, - CENTER UNE WAS USED AS THE BASIS OF ALL BEARINGS fA 0 n N w c� o z _ r- a � a w w m w U- z o - J a m ed Kr I� �8 f�41 SHOWN ON THIS PLAT. EXHIBIT wBw PLAT TO ACCOMPANY LEGAL DESCRIPTION c FOR WATER LINE EASEMENT LANDS OF THE HOUSING AUTHORITY OF SANTA CLARA COUNTY GILROY, CA. SCALE: 1 " =80' ' N0. REVISIONS DATE: 09/22/10 DRAWN BY: BB CHECKED BY: JIM PROJECT NO. 1042 r a w a 0 a a ,,_<--- �SIERRAgIWEST LAND SURVE INC. 1359 SAND HILL CT. OAKDALE. CA. 95361 (209) 845 -2773 FAX (209) 845 -9042 • ' • • �g <�-- �.'' : -- � .'SS�S�S� ;��s�s��s�S�C�- T.'.'.: State of California County of On 111140 before me, Date %1 personally appeared r - - -wb.& MARTHA ELENA RAMIREZ Commission #E 1844523 Notary Public - California Santa Clara County My Comm. Expires Apr 18, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person() whose name(p) is /are subscribed to the within instrument and acknowledged to me that lye /she /t�ey executed the same in his /her /t*r authorized capacity(i", and that by 461//her /tWr signature) on the instrument the person(s), or the entity upon behalf of which the person(6) 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. WITNESS my hand and official seal. Signature�� 1, Signature of Notary Public 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 Docun !1 Title or Type of Document Document Date: i 0/4y Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator V_Other: Si ner Is Represe ting: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 CALIFORNIA • ACKNOWLEDGMENT zc�. a . La <�G..� �-a� ,9a.✓zic,n �. s� a�.,vc, a�a. va <a�. � <�..: ae,. a , 4�..��.,. ,ca � � <�. �.� A q,.� .za �a.,�.�.'e,�a � �9G� a .�,.�vca4,n State of California County of�YikL On �� C� I before me, pub \,C--, Date ---1 l t 1 Here Insert Name and Title of th Officer personally appeared INGA ALONZO Commission # 1931989 Z .'••i Notary Public - California i Z Santa Clara County My Comm. Expires A r 15, 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person() whose name(are-subscribed to the within instrument and acknow _ dged to me that �D sheA+tey executed the same in t�authorized capacity(i4), and that b his ef4heir- signature#) on the instrument the personN, or the entity upon behalf of which the person(14 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. WITNESS my hand and official seal. Signature ' Signature of Not Public 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 Docu Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity* Claimed by Signer Signer's Name ����J UY\ Signer's Name: X Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER of ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 Federal Home Loan Mortgage Corporation, hereby consents to the foregoing Agreement and grant of easements in its capacity as the beneficiary under that certain deed of trust recorded in the Official Records of Santa Clara County, California on November 23, 2010, as Instrument 20971205, which deed of trust encumbers the Land described in this Agreement above, and hereby subordinates the lien of such deed of trust, as the same may have been modified, to the Agreement to which this consent is attached. FEDERAL HOME LOAN MORTGAGE CORPORATION, a shareholder - owned, government- sponsored enterprise organized and existing under the laws of the United States By: Karu Arulanandam, Affordable Housing Director /Home Office Underwriting COMMONWEALTH OF VIRGINIA COUNTY OF FAIRFAX On K'"tL•,m bR-` -4 , 2­0 11 , before me, 24- yv:51 r✓t PZ4d1 , ff -b4Ytf PjeZ,L DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC personally appeared l4aru- 4-rvr.-n6•nCk NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. WITNESS my hand and official seal. Signature of Notary �%%%I flit // JINI RqL•,�� My commission expires: PAY' P�9 7500079 COMMISSION ' EXPIRES : 2 3/31/2015 .ZQC� J� 40(SO3309325 111010-04706084 PNC Real Estate Tax Credit Capital Institutional Fund 45 Limited Partnership, hereby consents to the foregoing Agreement and grant of easements in its capacity as the beneficiary under that certain deed of trust recorded in the Official Records of Santa Clara County, California on November 23, 2010, as Instrument 20971205, which deed of trust encumbers the Land described in this Agreement above, and hereby subordinates the lien of such deed of trust, as the same may have been modified, to the Agreement to which this consent is attached. PNC REAL ESTATE TAX CREDIT CAPITAL INSTITUTIONAL FUND 45 LIMITED PARTNERSHIP By: � • j^ '6 Wendy S. Wade Senior Vice President Director of Underwriting and Stabilization STATE OF KENTUCKY ) COUNTY OF JEFFERSON ) On November 29, 2011, before me, _�� i >J t N o t a r y P u b l i c, p e r s o n a l l y a p e a r e d e n d y S. B ade , w h o p r o v e d t o me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. WITNESS my hand and official seal. J--; of . j (Signature) STACY TINGLE Notary Public • State N Larpe State of Kentucky Notary 10 0 446355 JP Morgan Chase NA hereby consents to the foregoing Agreement and grant of easements in its capacity as the beneficiary under that certain deed of trust recorded in the Official Records of Santa Clara County, California on November 23, 2010, as Instrument 2097125, which deed of trust encumbers the Land described in this Agreement above, and hereby subordinates the lien of such deed of trust, as the same may have been modified, to the Agreement to which this consent is attached. JP Morean/Chaie NA ma STATE OF CALIFORNIA) COUNTY OF , )A, Ee"C isco ) President/Senior Banker On 622, Zdi! , before me, Iq lea U'j Notary Public, personally appeared, Andre H. Madeira 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. WITNESS my hand and official seal. � 1 ( igna 0 (Seal) ARJUN SINGH COMM. #1948355 Notary Public • California ow San Francisco County i Comm. S$ R 15 9015 CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Housing Authority of the County of Santa Clara This is to certify that the interest in real property conveyed by the grant of easement and agreement dated November 30, 2011 from the Housing Authority of the County of Santa Clara 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 this 27th day of December, 2011. B filbert inheiro, Mayor of th6 City of Gilroy