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Elodia Aguilar Living Trust, Elizabeth Lee, Successor Trustee G-'1 C? Ylo 2-2.Ly RECORDING REQUESTED BY: Chicago Tilk Company Escrow No.: 07-98702226-SD Locate No.: CACTI7743-7743-2987-0098702226 Title No.: 07-98702226-RP When Recorded Mail Document and Tax Statement To: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 19500829 Pages: 4 I ~ II "" I ~ II " "I ~ Fees. * No Fees Taxes. Cop i es. . AMT PAID REGINA ALCOMENDRAS RDE ** 005 SANTA CLARA COUNTY RECORDER 7/10/2007 Recorded at the request of 10:49 AM Chicago Title APN: 810-69-023 SPACE ABOVE THIS UNE FOR RECORDER'S USE GRANT DEED The undersigned grantor{s) declare{s) Documentary transfer tax is $0.00 EXEMPT [ x ] computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of sale, [ ] Unincorporated Area City of Gilroy, RECORD WITHOUT FEE UNDER SECTION 6103 GOVERNMENT CODE OF STATE OF CALIFORNIA FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Elizabeth A. Lee, as Successor Trustee of the "Elodia Aguilera Living Trust dated August 1, 1996" hereby GRANT{S) to City of Gilroy, a municipal corporation the following described real property in the City of Gilroy, County of Santa Clara, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF p -( , () \J DATED: July 5, 2007 STATE OF CALIFQRNIAt. n I ^ " COUNTY Of ,~(lV\: 0....- VVJr()l/ ON - Vvl( (p J 0 '1 v (' a.U i' .f. J n ~to..r (here insert name and title of the appeared Elizabeth A. Lee. personally known to me (or 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 instr en Elizabeth A. Lee, as Successor Trustee of the "Elodia Aguilera Living Trust dated August 1, 1996" By: f2~ a.h, ~ Elizabeth. Lee, Trustee (Seal) FD-213 (Rev 7/96) (grantsc)(06-06) MAIL TAX STATEMENTS AS DIRECTED ABOVE GRANT DEED Escro'l" No.: m-9,8702226-SD Locate No.: CACTI7743-7743-2987-0098702226 Title No.: 07-98702226-RP EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Parcel No.1: Unit 23 (The "Unit") as shown and described in the Condominium Plan for Phase 1 of Village Green Cottages (together with any amendments thereto, collectively, the "Plan"), which Plan was recorded on July 29, 2002, as Instrument Number 16387891 in Official Records of Santa Clara County, California ("Official Records"). The Plan concerns Lots 4, 6 to 9, inclusive, and Lots 12 and 13 of Tract No. 9374, as shown on the Subdivision Map ("Map") filed in Book 745 at Pages 13 to 17, inclusive, of Maps, and recorded on November 26, 2001, as Document No. 15975553, in the Office of the Santa Clara County Recorder. EXCEPTING THEREFROM, for the benefit of the Grantor, its successors in interest, assigns and others, together with the right to grant and transfer all or a portion of the same: A. All oil rights, mineral rights, natural gas rights and rights to all other hydrocarbons by whatsoever name known, to all geothermal heat and to all products derived from any of the foregoing (collectively, "Subsurface Resources"); and B. The perpetual right to drill, mine, explore and operate for and to produce, store and remove any of the Subsurface Resources on or from the Unit, including the right to whipstock or directionally drill and mine from lands other than the Unit, wells, tunnels and shafts into, through or across the subsurface of the Unit, to bottom such whipstocked or directionally drilled wells, tunnels and shafts within or beyond the exterior limits of the Unit, and to redrill, retunnel, equip, maintain, repair deepen and operate any such wells or mines, but without the right to drill, mine, explore, operate, produce, store or remove any of the Subsurface Resources through or in the Surface or the upper five hundred (500) feet of the subsurface of the Unit. RESERVING THEREFROM, for the benefit of the Grantor, its successors in interest, assigns and others, together with the right to grant and transfer all or a portion of the same, easements for access, ingress, egress, encroachment, support, maintenance, drainage, repair, and for other purposes, all as maybe shown on the Plan and the Map, and as described or reserved in the Declaration of Covenants, Conditions and Restrictions and Reservations of Easements for Village Green Cottages (together with any amendments thereto, collectively, the "Declaration"), which was recorded on February 6, 2003, as Instrument No. 16802518 in Official Records. ALSO RESERVING THEREFROM, the right to enter the Unit (i) to complete and repair any improvemnts of landscaping located thereon or on another Unit or on the common Property as determined necessary by Grantor, its sole discretion, (ii) to comply with requirements for the recordation of the Map or the grading or construction of the Properties, as designated in the Declaration, or (Hi) to comply with requirements of applicable government agencies. Grantor shall provide reasonable notice to Grantee before such entry. If this reservation or right of entry is not complied with by Grantee, Grantor may enforce this right of entry in court of law. Grantee shall be responsible for all damages arising out of such failure to comply, including attorney's fees and court costs. The term of this reservation of right of entry shall automatically expire ten (10) year from the date of the recordation of this Grant Deed. FURTHER RESERVING THEREFROM, for the benefit of the Grantor, its successors and assigns, together with the right to grant and transfer all or portion of the same, the right to place on, under or across the Unit, Telecommunications Facilities ( as that term is defined in the Declaration) for the provisions of Telecommunications Services to the Properties, and thereafter to own and convey such Telecommunications Facilities, and the right to enter upon the Properties to service, maintain, operate, repair, reconstruct and replace the Telecommunications Facilities; provided, however, the exercise of such rights shall not unreasonably interfere with Grantee's reasonable use and enjoyment of the Unit. Parcel No.2. An undivided one thirty-ninth (1/39th) fee simple interest as tenant in common in and to the Common Area described in the Plan. Parcel No.3: Exclusive easements appurtenant to Parcel No. 1 and Parcel NO.2 described above, for driveway, walkway and patio purposes, and for placement and maintenance of air conditioning compressors, pads (all as described in the Declaration and the Plan) and for internal and external telephone wiring designated to serve as a single Unit. Parcel No.4: Nonexclusive easements for access, drainage, encroachment, maintenance, repair, and for other purposes, all as may be shown in on the Plan and the Map, and as described in the Declaration. ,4, j CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Elizabeth A. Lee, as Successor Trustee of the "Elodia Aguilera Living Trust dated August 1, 1996" This is to certify that the interest in real property conveyed by the grant deed dated July 5, 2007 from Elizabeth A. Lee, as Successor Trustee of the "Elodia Aguilera Living Trust dated August 1, 1996", 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. 2004-20 of the City of Gilroy adopted March 15,2004, 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 # 17703402, dated April 6, 2004 and the grantee consents to recordation thereof by its duly authorized officer. In witness whereof, I have hereunto set my hand on July 9, 2007. sa, City Administrator of the Gilroy I:\CTYCLERK\FORMS\ACCEPT ANCE.DOC