Filice Estate Vineyards
County of Santa Clara
Parks & Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95030
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.SANl~~'n~~6h~~Ye~uTJ't~ECORDER .
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AT RFOl.H.::;T OF
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SMn.\ C COUNTY
LAUH!E KANE
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Park:
Project:
File No.
APN:
Uvas Creek
Hoey-Filice Subdivision
3358-70-19-87S
810-20-3 - Filice
EASEMENT AGREEMENT
This is an Agreement for Easement by and between the COUNTY OF SANTA CLARA, a political subdivision of
the State of California (COUNTY), FILICE ESTATE VINEYARDS, a California general partnership, formerly known
as San Martin Vineyards (FILICE), and the CITY OF GilROY, a municipal corporation (CITY), as assignee of
COUNTY.
RECITALS
A. FILICE is the owner of the real property in the Uvas creek corridor (Filice Property). The Filice Property
is currently in the urban service area of the CITY. FILICE has applied for the annexation of the Filice
Property to the CITY.
B. The Uvas Creek area is designated on the COUNTY's General Plan as the Uvas Creek trail corridor.
FILICE has agreed to grant a trail easement over the Filice Property as shown on the attached Exhibits A
and B (Easement) to fulfill the conditions of development of the Filice Property.
C. When the Filice Property has been annexed to the CITY, COUNTY is willing to release all jurisdiction and
control of the Easement to the CITY, and the CITY is willing to accept the assignment.
D. The COUNTY, FILICE and the CITY wish to specify the use, alignment implementation and assignment of
the Easement.
THEREFORE, it is agreed as follows:
1. GRANT OF EASEMENT
FILICE grants and COUNTY accepts the Easement described in Exhibits A and B. The use of the
Easement shall be restricted to pedestrians and bicycles. At no time shall any horses or motorized
vehicles of any type be allowed on the Easement other than public vehicles as may from time to time be
necessary for maintenance, patrol and public safety.
2. TRAil ALIGNMENT
The parties shall mutually agree on a trail alignment having a maximum width of 12 feet which will be
generally located along the northerly boundary of the Filice Property along Uvas Creek to the extent
reasonably possible. Once the final trail alignment and all areas necessary for fencing, berms and/or
vegetation barriers are reasonably determined, all unused portions of the Easement adjoining the Filice
property shall be quitclaimed by the COUNTY or the CITY back to FILICE.
3. EASEMENT BOUNDARY
The responsible jurisdiction (COUNTY or CITY) shall reasonably prevent trespass onto the adjoining
Filice property. Additionally, it is acknowledged by the parties that the Filice Property or portions of it
1
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adjoining the Easement may be used as and for a golf course.
4. ANNEXATION TO CITY
Upon annexation of the Filice Property to the CITY, the Easement shall be assigned to the CITY, and the
CITY shall have sole jurisdiction and control of the Easement and its use.
5. ENTIRE AGREEMENT
This instrument contains the entire agreement between the parties relating to the rights granted and
obligations assumed it in. Any oral representations or modifications concerning this instrument shall be
of no force and effect, except a subsequent modification in writing signed by the party to be charged.
6. SEVERABILITY
In case anyone or more of the provisions of this Agreement shall be held for any reason to be invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any
other provision of this Agreement. This Agreement shall be construed as if such invalid, illegal or
unenforceable provision had not been included in this Agreement.
7. SUCCESSORS
This instrument shall bind and inure to the benefit of the respective successors and assigns of the
parties to this Agreement.
The parties have executed this Agreement as of the latest date shown below the signature of each party.
cou~
Dianne McKenna, Chairperson
Board of Supervisors
Date
\
Attest:
Donald M. Rains, Clerk
Board of Supervisors
Date
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Date 6--'1- 9/
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L-"'Bruno Filice, Trustee
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Fred Lico, Trustee
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Craig P. Filice, Trustee
Date
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State of California )
)
County of Santa Clara)
On June 4 , 1991, before me, Faye R. Roscoe Notary
Public in and for said State, personally appeared John M. Filice. Jr.. Bruno Filice and Fred Lico~who proved to
me on the basis of satisfactory evidence to be the persons whose names are subscribed to this instrument and
acknowledged to me that they executed the same in their authorized capacity as Trustees of the Filice Estate
Vineyards, and that by their signatures on this instrument the entity, upon behalf of which they acted, executed
the instrument *and Timothy J. Filice and Craig P. Filice
1- (L /l" /!;. - .. 11I1I1I111I11I1I1I1I1I1I1I11I1I1I1I..1..1..111....IIII1II!
__~I/ V. ). ',(;J('(,~. ;;~ OFFICIAL SEAL i
Not~ry Public 5 . . FAYE R. ROSCOE 5
U ! -lib NOTARY PUBUC - CALIfORNIA!
! " COUNTY OF SANTA CLARA =
= ~ =
____________________________________~-- :=4=~m=&~~~~~~~~---
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i;..~.~IIIIIII.IIII...................I....I.........iiii - - -
State of California )
)
County of Santa Clara)
On ()tfcber ", /qq , , ~, before me, 'fA-T1licUf- K6SkJT~ a Notary
Public in and for said State, personally appeared Jay Baksa, known to me to be the City Administrator of the
City of Gilroy, known to me to be the person who executed this instrument on behalf of the City of Gilroy and
ed to me th ity of Gilroy authorized execution of this instrument.
~ OI'I'ICIAL SEAL
(.~ Palrlci. K. Bentson
NOrMY PWUC . CALIFORNIA
IANTA CLARA COUNTY
... Comm. Expnl June t. '885
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State of California )
)
County of Santa Clara)
On SEP 2 4 1991 , 1991, before me,
Public in and for said State, appeared Dianne McKenna, persona known to me to be the hairperson of the
Santa Clara County Board of Supervisors, and acknowledged to me that Santa Clara County executed this
instrument.
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NOtary Public
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(, i-.._ ' . .,' NOTARY NllIC- CALif CRIll
s SANfA CUM eoJITV
MY COftSSICJf EX'. APIl \7. ,em
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EXHIBIT A
Park:
Project:
File No.
APN:
Uvas Creek
Hoey-Filice Subdivision
3358-70-19-87S
810-20-3 - Filice
EASEMENT AGREEMENT
All that real property in the County of Santa Clara, State of California, described as follows:
A 35-foot wide pedestrian easement located in the Solis Rancho, Santa Clara County, California. The
Northeasterly line of the easement is described as follows:
Beginning at a point on the East line of Parcel 2 as shown on the Parcel Map filed in Book 571 Page 24 of
Maps, Santa Clara County Records, said point being North 00 16' West 405.79 feet from the Southeast corner of
said Parcel 2;
thence North 510 20' West 683.42 feet;
thence 153.61 feet Northwesterly along a 297-foot radius curve to the right having an interior angle of 29038';
thence 509.40 feet Northwesterly along a reverse curve to the left having a radius of 400 feet and an interior
angle of 750 58';
thence South 850 20' West 202.56 feet;
thence Westerly 99.37 feet along a 427-foot radius curve to the left having an interior angle of 13020';
thence South 720 00' West 154.00 feet;
thence Southwesterly 169.28 feet along a 748-foot radius curve to the left having an interior angle of 12058';
thence South 590 02' West 233.24 feet;
thence 269.25 feet Southwesterly along a 498-foot radius curve to the right having an interior angle of 300 58';
thence West 145.00 feet;
thence North 730 03' West 171.45 feet;
thence South 880 33' West 693.00 feet;
thence 199.24 feet along a 950-foot radius curve to the left having an interior angle of 120 01 ';
thence South 760 32' West 363.00 feet;
thence 99.66 feet Westerly along a 424-foot radius curve to the right having an interior angle of 130 28';
thence West 85.00 feet;
thence 117.73 feet Northwesterly along a 245-foot radius curve to the right having an interior angle of 270 32';
thence North 620 28' West 58.00 feet;
thence 98.50 feet Northwesterly along a 495-foot radius curve to the right having an interior angle of 110 24' 04"
to a point on the West line of Parcel 1 of said Parcel Map, said point being South 00 09' 33" East 801.63 feet
from the Northwest corner of said Parcel 1.
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810-20-3 - Filice
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Jl-b-7LC7J! fY\..t;.'t;bOr: " ...
,S8'OLlJ
. .
Park:
Project:
File No.:
APN:
Uvas Creek
Hoey-Filice Subdivision
3358-70-19-87S
810-20-3 - Filice
CERTIFICATE OF ACCEPTANCE
(GOVERNMENT CODE SECTION 27281)
This is to certify that the interest in real property conveyed by the foregoing
Easement Agreement from Filice Estate Vineyards to the County of Santa Clara is
accepted by the undersigned officer on behalf of the Board of Supervisors of the
County of Santa Clara as authorized by the Board on July 2, 1991, and the Grantee
consents to the recording of the Easement Agreement by the County's duly authorized
officer.
I have executed this certificate on 'SEP 2 4 1991
~~
Board of Supervisors
A TIES .
~\
Donald M. Rains, Clerk
Board of Supervisors
flchytrn
CERTIFICATE OF ACCEPTANCE OF CONVEYANCE TO THE CITY OF GILROY
BY . FILICE ESTATE VINEYARDS
I, the City Administrator of the City of Gilroy, do hereby certify
that pursuant to the authority given by Resolution No. 83-55, adopted by the
Council of the City of Gilroy on the 18th day of July, 1983, at a regular
meeting of said Council, 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 and Page 7755622, I, as said City Administrator, do hereby
accept on behalf of the said City the conveyance to the City of Gilroy by ___
Filice Estate Vineyards
of the premises described in the attached'
conveyance dated the 4th
day of
June
,199.1
, and that the
said City of Gilroy consents to the recordation of said conveyance.
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day
of
October
, 19 91
nistrator of the City of Gilroy