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Santa Teresa Properties (2) DOCUMENT: 20236161 Pages: 1 1 RECORDING REQUESTED BY: Grantor Fees. Taxes. Copies. AMT PAID * No Fees When Recorded Mail Document and Tax Statement To: City of Gilroy 7351 Rosanna Street Gilroy, CAlifornia 95020 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Chicago Title ROE ** 003 5/04/2009 8:00 AM ~tJlO~bc""IO~ APN: 808-19-009 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 [ ] computed on full value less value 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, Santa Teresa Properties, LLC, a California Limited Liability Company, John M. Filice, Jr. trustee of the Filice Family Revocable Trust dated March 3, 1990, Timothy J Filice and Janice M. Filice, husband and wife, Craig P. Filice, as his sole and separate property Hereby grants 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 SIGNATURE PAGE ATTACHED HERETO AND MADE A PART HEREOF FD-213 (Rev 12/07) (grant)(12-07) MAIL TAX STATEMENTS AS DIRECTED ABOVE GRANT DEED Signature page John M. Filice J . Trustee of the lice Family Revocable Trust dated March 3, 1990 ~ Craig P. Filice Exhibit Page - signatures (exhibl)(8-02) State of California County of Santa Clara ) ) On before me, , Notary Public (here insert name and title of the officer), personallyaPP'eared John M. Filice Jr" who proved to me on the basis of satisfactory evidence to be the person(s) whose namB(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. (Seal) Signature e SHEMll NATHM Commi..lon #1813841 . Notlry Public . Callfornll Slnta Cllra County My Comm. Expires Sep 19. 2012 (notary)(12-07) 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. Signature (Seal) 'e HIL NATHAN CommItslon #1813846 Notlry Public . Cllifornll Santa Clara County M Comm. Expires Sep 19. 2012 (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 Janice M. 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature Q SHEltftjl NATHM CommIt'ion #1813846 Notlry Public . Calltornll Santa Clara County ~ M Comm. Expires Sep 19 2012 (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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature (Seal) e SHERRll NATHAN Commission (1 1813846 ~ .. Notary Public. California I j Santa Clara County ~ ~ ~ ~ _ ~ ~MI :o~~ ~x~r:s ~e~ ::_2~11 (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 portions of "Luchessa Avenue" and "Parcel 2", as shown on that certain Parcel Map filed October 21, 1998 in Book 709 of Maps, at Pages 18 and 19, Records of Santa Clara County, California, more particularly described as follows: Beginning at a point on the westerly line of said "Parcel 2", said point being the northerly terminus of the course designated as NOoo07'47"E, 737.38 feet on said Map; thence N89052'57"W, a distance of 16.00 feet; thence NOooOT03"E, a distance of 9.69 feet; thence along the arc of a tangent curve to the left having a radius of 16.50 feet, through a central angle of 102000'00", an arc distance of 29.37 feet; thence S7800T03"W, a distance of 24.33 feet; thence along the arc of a tangent curve to the right having a radius of 1,004.50 feet, through a central angle of 30018'05", an arc distance of 531.24 feet; thence N71 034'51"W, a distance of 64.76 feet; thence along the arc of a tangent curve to the left having a radius of 14.50 feet, through a central angle of 90000'00", an arc distance of 22.78 feet; thence N71034'51"W, a distance of 16.00 feet; thence along the arc of a non-tangent curve to the right having a radius of 30.50 feet, the center of which bears S71 034'51 "E, through a central angle of 90000'00", an arc distance of 47.91 feet; thence S71 034'51 "E, a distance of 64.76 feet; thence along the arc of a tangent curve to the left having a radius of 988.50 feet, through a central angle of 30018'05", an arc distance of 522.78 feet; thence N7800T03"E, a distance of 24.33 feet; thence along the arc of a tangent curve to the right having a radius of 32.50 feet, through a central angle of 102000'00", an arc distance of 57.86 feet; thence SOooOT03"W, a distance of 9.69 feet to the Point of Beginning. Containing 11,276 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. --= vIL i !?-/cr/f6 , l Date .. .... ........ 'GREEJ"1PJELO' 'ORJ\lE" NOO'07'47"E 737.3S' R1 cJ</ ( c.," ,1 [. C-l~ \ \ \ VICE USEMEN! J \-16' PU8U~QG~E \TEI \ \ 1:11,276 \ \ \ \ \ \ \ : \ \: LO LO o I? -ro I ro ~ I~ 01 10 '0 '0 III II <J I<J I ,- 01 0 LO LO cx:il l-i OJ 0 0> 10 III ~ 0::: III _ I 0::: i!21 I"v- . I "I "1/ . "I ~ l() In 1// l() --J /1/ / --J / / / / I I I I / I / 'I I- 'I <0/ 'I -...J; "'<:/- ;-...J f ~C' C' J"";:--" ~ I.t) -...J LEGEND POB POINT OF BEGINNING EXISTING RIGHT-OF-WAY LINE NEW EASEMENT LINE EXISTING LOT LINE FORMER LOT LINE RADIAL BEARING RECORD INFORMATION (709-M-1S) (R) (R1) )-. h..l >- 0:: ':::>0 (f)(\.j lL.1 O~ I Q(\.j o::(\.j 01'-. U h..l 0:: t3 z ~ -<tl c;g C/) Eti u ~ ,...;j LINE TABLE BEARING NS9"52'57"W NOO'07'03"E N7S'07'03"E N71'34'51"W N71'34'51 "w N71'34'51 "w N7S'07'03"E NOO'07'03"E C\1CO ....; FJ' u:S ~d o..R LINE L1 L2 L3 L4 L5 L6 L7 LS DIST 16.00' 9.69' 24.33' 64.76' 16.00' 64.76' 24.33' 9.69' CURVE TABLE LENGTH RADIUS DELTA 29.37' 16.50' 102'00'00" 22.7S' 14.50' 90'00'00" 47.91' 30.50' 90'00'00" 57.86' 32.50' 102"00'00" CURVE C1 C2 C3 C4 f:':! ~ (f) CO It.J(\.j~ )-.-JI -J Lt.] 0:: ~UO <7"'0::1 G::::::((l) n...o Lt..) If) U u =:J G: K: Z '- '- o 100 ~ I SCALE IN 200 I FEET: 1"= 1 00' 300 I %4,'*"~DI T A . ~'72T- RUGGERI-JENSEN-AZAR ENCINEERS · PLANNERS. SURVEYORS EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR A PUBLIC SERVICE EASEMENT PORTIONS OF LUCHESSA AVENUE, AND PARCEL 2, AS SHOWN ON THE PARCEL MAP FILED OCTOBER 21, 1998 IN BOOK 709 OF MAPS, AT PAGES 18 AND 19, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA SCALE: 1"=100' DATE: DECEMBER 19. 200S JOB NO.: 062015 16' PUBLIC SERVICE EASEMENT TO BE CREA TED BY SEPARATE INSTRUMENT FILICE FAMILY ESTATE PARCEL 2 C503-0R-528 FIUCE FAMILY ESTATE DOCUMENT #16108828 16' PUBLIC SERVICE EASEMENT TO BE CREA TED BY SEPARATE INSTRUMENT l I I I , , ~ 16' PUBLIC SERVICE EASEMENT TO BE /f CREA TED BY SEPARATE INSTRUMENT I I I I I I , , , , , , , , / I FILICE FAMILY ESTATE PARCEL 2 C503-0R-528 , , I ~ I ~ U"J I ki ;:... I ~ ~ tJ ~ ~ RECORD OF SURVEY 722-M-20 , , , 16' PUBLIC SERVICE EASEMENT,' TO BE CREATED BY SEPARATE INSTRUMENT~ I / I J GILROY UNIFIED SCHOOL DISTRICT DOCUMENT #19306680 L (j C/fe. :SS.1 4 ~ 'Nue 16' PUBLIC SERVICE EASEMENT PORTIONS OF LUCHESSA A VENUE AND PARCEL 2 1709-M-181 :1:11.276 SQUARE FEET -....:::: 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 240 1 "= 1 20' o 120 ~ I SCALE IN FEET: EXHIBIT "C" 'RJA- RUGGERI-JENSEN-AZAR ENGINEERS. PLANNERS. SURVEYORS KEYMAP FOR PUBLIC SERVICE EASEMENT DEDICATIONS NEAR GREENFIELD DRIVE AND LUCHESSA AVENUE CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA SCALE: 1"=120' JOB NO.: 062015 I 1 1 1 1 1 I 1 1 ALTA 1 OAK 1 WAY 1 1 1 I 1 1 1 I 1[;1 1- 10:; I~ '9 I"" 1- I~ I~ 10:; Ie.? I I 1 1 : BROOK I WAY 1 I 1 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 Santa Teresa Properties, LLC, a California Limited Liability Company, John M. Filice, Jr. Trustee of the Filice Family Revocable Trust dated March 3, 1990, Timothy J. Filice and Janice M. Filice, husband and wife, Craig P. Filice, as his sole and separate property This is to certify that the interest in real property conveyed by the Easement Grant Deed dated October 20,2008 from Santa Teresa Properties, LLC, a California Limited Liability Company, 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. ~~ - - omas Hagl d City Administrator of the City of Gilroy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~~~A~A~'_'~'_'_'_'_" 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) r - - - - - - iAtliCiA i.llN1.oN -1 e COmmlHlon #1746362 PI Notary PublIc . California I Santa Clara County ~ J~ _ . _ _ _~~_~~~~~11 who proved to me on the basis o~tisfactory evidence to be the person(s) whose name(s~re subscribed to the ~hin 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. Place Notary Seal Above 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: RIGHTTHUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: =M~_.._.._ .... . ... ~__~_'=---_--'___'_.-.-Y-Y~Y~~~"""'~ @2007 National Notary Association' 9350 De Soto Ave.. P.O. Box 2402 . Chatsworth. CA 91313-2402' www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827