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Lilly Gardens Apartments \~i~e~ GC Sec. 6103 . ~j 691.1593 75.1:p!GE 1'77 1'33 F . AGREEMENT CREATING INGRESS, EGRESS AND PUBLIC UTILITIES EASEMENT September THIS AGREEMENT made and entered into this 15th day of , 1980, by and between the CITY OF GILROY, a municipal ~~ . , '10 . corporation, hereinafter CITY, and LILLY GARDENS APARTMENTS, a California limited partnership, hereinafter LILLY. .. -~.... .:,.~ WIT N E SSE T H: ,(1.~. WHEREAS, CITY is the owner of PARCEL ONE hereinafter described, and LILLY is the owner of PARCEL TWO hereinafter described, and WHEREAS, LILLY wishes to install a private driveway and public utilities on PARCEL ONE to serve an apartment development on PARCEL TWO described herein, and, WHEREAS, for valuable consideration, CITY will permit non- exclusive easements on PARCEL ONE for the benefit of PARCEL TWO with all improvements on PARCEL ONE to be maintained and repaired by LILLY. NOW, THEREFORE I IT IS AGREED THAT: (1) LILLY shall improve both parcels of land in accordance with plans on file with and approved by the CITY Public Works Depart- ment. (2) The covenants herein made for non-exclusive easements for ingress and egress and for public utilities are expressly declared to be for the benefit of and appurtenant to PARCELS ONE and TWO and binding upon PARCEL ONE and TWO described herein and shall be for the benefit of and shall bind the parties and their respective heirs and assigns and shall run with said parcels of land. (3) LILLY shall pay all of the cost of installing and maintaining the private street and public utilities, and shall promptly make all necessary repairs at no cost to the CITY. gfI -.......... ~ '. m~>() 'ClO~..,., Ui;;u -.." ~2>o :D "C).- 1.. > r.' ?: :lJ ~ }c.' ""-1 0+- ::u :1) r..:~:;:''''iT'' 4- r~-" (") Z (' .. o ,co co c.::V :-. _Co.: ,....., ..... (/) .rn ,-,. .. ~-< ~~ ...:: r--.. . w ~ J.-..;=- -, T F -1- 75.1p!GE 177 ;T- rn "' OC C -> .< fTl. (j) ..~ ...,~ \ i C' .' ""1 ;- t::" ~ , . , .. j" . .'" .., (4) F 754p!GE 178 PARCEL ONE owned by tpe CITY is described as follows: ~ An easement for ingress, egress and public utilities over, under, on and across a parcel of land in Gilroy, Santa Clara County, California, described as follows: BEING a portion of Lilly Avenue as shown on Map of the North Gilroy Tract, a Subdivision of Las Animas Ranchlot 32. as said map is filed for record in the office of the County Recorder of the County of Santa Clara in Book W of Maps at pages 14 and 15 being more particularly described as follows: BEGINNING at the southeasterly corner of Lot 1 Block 2 as shown on said map of North Gilroy Tract, said point also being the most southwesterly corner of Lilly Avenue and running thence along the line common to Lilly Avenue and Lot 1 Block 2 N.130l5'W. 81.40 feet to the southerly line of Ronan Avenue; thence crossing Lilly Avenue N.87003'48" E. 40.59 feet to the northwesterly corner of Lot 11 Block 1; thence along the line common to Lot 11 Block 1 and Lilly Avenue S.130l5' W. 82.5 feet to the southwesterly corner of Lot 11 Block 1; thence S.88035' W. 40.8 feet to the point of beginning. (5) PARCEL TWO owned by LILLY is described as follows: A parcel of land in Gilroy, Santa Clara County, California, described as follows: BEING a portion of Las Animas Ranch Lot 25, Las Animas Rancho Partition Suit, Map No.7 Superior Court Case No. 5536 and being more particularly described as follows: BEGINNING at the most northeasterly corner of Parcel 2 as shown on Parcel Map in the City of Gilroy for Tom Ruiz, which map is filed for record in the Office of the County Recorder of the County of Santa Clara in Book 438 at page 23 and running thence along the line common to Parcel 2 and 1 S.220l7'E. 308.78 feet to a 1 inch iron pipe; thence N.8lo2l' E. 157.59 feet to a point in the southwesterly line of Monterey Road (formerly U.S. 101 Highway); thence S.220l7' 2.51 feet; thence S.67043'W. 12.00 feet; thence S.220l7' E. 35.74 feet; thence along the line common to Parcel 1 and the Lands of Union Oil Company of California S.8lo2l'W. 145.24 feet; thence S,loll'40" E. 125.29 feet to the southwest corner of Union Oil Land in the northerly line of the Lands of C. E. Filice; thence along said northerly line of Filice and the northerly line and easterly line of Tract No. 5089 "Gilroy Meadowslt, said Tract filed for record in Book 294 of Marrs at page 22, Records of Santa Clara County S.8804l'10'W. 49.55 feet; thence S.88038t40"W. 387.59; thence N.220l3'10"W. -2- ~ , ..- .. f .... . . #I . . ~ F 754:P~GE 179 '. ,~'. ~ -', 483.30 feet to a 3/4 inch iron pipe at the most northeasterly corner of said Tract 5089j and the northwesterly corner of Parcel 2; thence along the northerly line of Parcel 2 N.88035\E. 484.62 feet to the point of beginning, and CONTAINING THEREIN 5.097 acres of land. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. unicipal corporation, ITY. ADMINISTRATO LILLY GARDENS APARTMENTS, a California limited partnership fL~S By ~ STATE OF CALIFORNIA ) ) ss COUNTY OF SANTA CLARA ) On October 28 , 1980, before me, Susanne E. Ste; nmetz. City Clerk.Citv of Gilroy, a Notary Public, State of California, duly commissioned and sworn, personally appeared FRED O. WOOD, known to me to be the City Administrator of the municipal corporation described in and that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara, the day and.Y~sf~~~ this certificate first above written. -3- .. ... . . ~ fJ..,9!~: ".. '.. . . \ ..~ ~ . ~. , , .. F ?S4P~Gf 180 ...,.', STATE OF CALIFORNIA ) LOS ANGELES ) ss COUNTY OF S~~~ ) ....... "' '*'--~.. (-1"", On November 17 1980 b fo Jane E. Dean , , e re me, Notary Public , personally appeared .. RANBIR S. SAHNI- known to me to be the general partner of the limited partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara, the day and year in "Ie written. ~.~ 83 Public State of California -4- . , F 754p!GE 181 . ~~RTt~tE~T~A~DE~SC~~A~~MrN?~,C~N~A~1~8~NI~ I~~IT~nvP~~T~~~~~lp I, the City Administrator of the City of Gilroy, do hereby certify that pursuant to the authority given by Resolution No. 944, adopted by the Council of the City of Gilroy on the 6th day of July, 1965, at a regular meeting of said Counci I, 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 7027, page 228, I, as said City Administrator, do hereby accept on behalf of the said City the conveyance to the City of Gilroy by Lilly Gardens Apartments, a California limited partnership of the premises described in the attached conveyance dated the 15th day of September ,19 80. and that the said City of Gilroy consents to the recordation of said conveyance. IN WITNESS WHEREOF, have hereunto set my hand this 21st day of November