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South County Regional Wastewater Authority "'- ~ '" I ~ '''J ~ ;~ ~ " DOCUMENT: 15281923 Ti ties: 1 / Pages: 9 ~ UIIIII" "" ~ I Fees. . 31 . 00 Taxes. -0015281823_ Copies. AMT PAID 3 1 . 00 BRENDA DAVIS RDE # 008 SANTA CLARA COUNTY RECORDER 6/15/2000 Recorded at the request of 11: 38 AM Chicago Title RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020-6141 Attn: City Administrator G~ OF EASEM~N~ ;J.-I ~ This Grant of Easement ("Grant") IS made as of this Z day Ok Jtl~ ,2000, by and between SOUTH COUNTY REGIONAL W ASTEW ATER AUTHORITY, a California non- profit public benefit corporation ("SCRW A") ("Grantor") and CITY OF GILROY ("Grantee"). RECITALS A. Grantor is the owner of that certain real property located in the County of Santa Clara, State of California, designated as Parcel 1 on the site plan attached hereto as Exhibit A (the "Site Plan"), and more particularly described in Exhibit B attached hereto. B. Grantee is the owner of that certain real p'1pe:ty located in the County of Santa Clara, State of California, designated as Parcel 2 on Exhibit A. C. Grantor desires to create, in favor of Grantee, an easement for pedestrian and vehicular ingress and egress across Parcell to Parcel 2. NOW, THEREFORE, the parties agree as follows: 1. Grant of Easement. For valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby grants and conveys to Grantee, and Grantee's employees and invitees, a non-exclusive easement, on, over and across a portion of Parcel 1 (the "Easement"), as more particularly described in Exhibit C attached hereto (the "Easement Area"). The Easement shall be an appurtenance to and for the benefit of Grantee's ownership interest in Parcel 2. The Easement shall be for the purposes of providing pedestrian and vehicular ingress and egress across Parcel 1 to and from Parcel 2 along an existing roadway within the Easement Area. 2. Maintenance. Grantor shall, at its sole cost and expense, maintain the Easement in good condition and repair. Grantee shall not be required to share in such maintenance costs unless attributable to excessive Grantee uses of the Easement Area. 3. Indemnity. Grantee shall indemnify, defend and hold harmless Grantor from and against any claims, liabilities, damages, costs or expenses arising out of, connected with or resulting from the use by Grantee or its employees or invitees of the Easement Area. IJ01\482180.1 01-053004706053 -1- 4. Binding Effect. This Grant shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, executors, administrators and legal representatives. IN WlTNESS WHEREOF, the parties have executed this Grant as of the date first written above. Grantor: Dated: b -;;2 -0 0 . .. APPROVED AS TO FORM: ~, L<IJ\IDA .^... CAT T ,ON /\ \ ~ ~ Y' ~~ City Attorney IJ01\482180.1 01-053004706053 -2- Grantee: Acceptance CITY OF GILROY Dated: (0.... '1--C?0 By: ~K.f)~ Name: rvl(c:-I+V'\.-x.. (, ?-' ()f)Li-) Its: (.1. ~ 'e-F rHC~ \J01\482180,1 01-053004706053 ., -j- STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On June 2,2000, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa personally known to me 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. ~:L Signature of Notary Public J ~ ~ ... ~N;A ;~N .- '-1 . Commission # 1142623 ~. Notay PubflC - Califcrnia ~ t Santa Ciao Coun1y f M,Cam1. Bcpies Jun 19,2])1 --,....--~--.,...-........,...... per GC Sec. 40814; CC Sec. 1181 (Notary Seal) STATE OF CALIFORNIA ) )ss. COUNTY OF SANTA CLARA ) On June 2, 2000, before me, Rhonda Pellin, Notary Public, personally appeared Michael R. Dom personally known to me Eer proved to me on the basis of satisfactory evidellCe) to be the personW-whose name~ is/-artfsubscribed to the within instrument and acknowledged to me that he/~ executed the same in his/herlthetr authorized capacity~ and that by his/herlthetr signature.{.s1on the instrument the person(.sf'or the entity upon behalf of which the personW'- acted, executed the instrument. WITNESS my hand and official seal. ~d~~L Signature of Notary Public 11- - ~~;A;~N- -1 <. Canmmion #= 1142623 i NokIy Public - CaIitania ~ r Serda CJac Counfy - ... ... ... ~~~~1:~11 per GC Sec. 40814; CC Sec. 1181 (Notary Seal) ()I 'I I. ,. II It II ::a ", c c (") ", c ~ II . I i1!L ~ ", EXHIBIT A - HANNA & BRUNEITI -- - EXHIBIT }UP ..._.~~ --- -..r. ~ _ .- .- CII'T ,.....,. ~ ~ -........ ~ LEGAL DESCRIPTION All that certain Real Property in the County of Santa Clara, State of California, described as follows: All of Parcel 1, as shown upon that certain Map entitled, "Parcel Map a Subdivision of a portion of Ranch Lot No. 51, Map No.7, Partition Suit of Miller, et al, vs. Thomas, et a1 Superior Court Case No. 5536", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on March 13, 2000 in Book 725 of Maps, at Pages 28 and 29. Reserving therefrom an easement for the purpose of "IngresslEgress easement reserved to the City of Gilroy" across a portion of Parcel One as shown upon that certain Map entitled, "Parcel Map" which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on March 13, 2000 in Book 725 of Maps, at Pages 28 and 29. :SXHIBIT B \J01\481207.1 01-D51~4700053 -1- Ingress and Egress Easement Reserved to the City of Gilroy LEGAL DESCRIPTION An easement for ingress and egress purposes lying over, on and across a portion of Parcel 1 as shown on that Parcel Map filed March 13, 2000 in Book 725 of Maps, At Pages 28 and 29, Records of Santa Clara County, California, being more particularly described as follows: BEGINNING at the most northwesterly comer of said Parcel~ thence along the northwesterly boundary of said Parcel North 57047'00" East 755.57 feet to the most northerly comer thereof; thence along the northeasterly boundary of said Parcel South 20~3'41" East 97.79 feet to a common comer to Parcels 1 and 2 of said Map; thence along the common boundary of said Parcels and prolongation thereof South 58050' 14" West 304.72 feet~ thence South 34038'05" East 266.90 feet~ thence South 30046'23" East 130.67 feet to a common comer to said Parcels 1 and 2; thence along the common boundary of said Parcels South 30046'23" East 252.49 feet, South 32041 '23" East 541.98 feet and South 35028'45" East 485.65 feet to the southeasterly common comer thereof~ thence along the southeasterly boundary of said Parcel 1 South 54031 '15" West 30.00 feet~ thence North 35028'45" West 486.38 feet~ thence North 32041 '23" West 543.21 feet~ thence North 30046'23" West 382.65 feet; thence North 34038'05" West 327.32 feet~ thence South 57047'00" West 398.29 feet to the southwesterly boundary of said Parcel 1~ thence along said southwesterly boundary North 32015'00" West 30.00 feet to the POINT OF BEGINNING. EXHIBIT C WMW\470578.1 02-021404700053 -1- CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by South County Regional Wastewater Authority This is to certify that the interest in real property conveyed by the grant of easement dated June 2,2000 from South County Regional Wastewater Authority, 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. 99-90 of the City of Gilroy adopted December 20, 1999, 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 #15167735, dated March 1, 2000 and the grantee consents to recordation thereof by its duly authorized officer. In witness whereof, I have hereunto set my hand on June 13 \ I , City Administra e olroy I:\CTYCLERK\FORMS\ACCEPT ANCE.DOC