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Salvation Army, The . .RECORDING REQUESTED ~~J i"..^\ l ~ It, CHICAGO TITLE COMp~Ufvj)1t AND WHEN RECORDED MAIL Tl~.l;}~1 r;-i ty of Gilroy 7351 Rosanna Street Gilroy, California 95020 DOCUMENT: 18249079 Pages: II ~ ~1\IIIIIII\IIm ml\\~ Fees · No Fee! Taxes Copies AMT PAID L -1 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Chicago Title RDE ** 00E 2/28/200~ 8:00 AM Escrow No. 128771 - JW Order No. 128771 - MJC SPACE ABOVE THIS UNE FOR RECORDER'S USE TIlE UNDERSIGl'.'ED GRANTOR(S) DECIARE(S) .e- DOCUMENfARY TRANSFER TAX IS $ . D unincorporated area 1XI City of G i 1 roy 00 computed on the full value of the interest or property conveyed, or is D computed on the full value less the value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERA nON, receipt of which is hereby acknowle.J,!:,pcl The Salvation Army, a California Corporation t-I\ '-.{l <::) hereby GRANT(S) to City of Gilroy, a municipal corporation of the State of California . ....... ~ - o the following described real property in the City of Gilroy County of Santa Clara , State of California: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE 60 o , ~ & l+ Dated February~, 2005 THE SALVATION ARMY, A CALIFORNIA CORPO TIC } SS. before me, j I\L';""JU1\Li' by ASS' r S.~CiiErARY personally known to me (QJ ~ ~ R'Ml et'l tGe baeis ~ sa.tWadery ~id\JFUIQ) to be the personl.!l whose name~ ie7~ subscribed to the within instrument and acknowledged to me that ~/t~ executed the same in ~/their authorized capacity~, and thaflly trisfI'ler/their signature~ on thernstrument the person~, or the entity upon behaJTOl which the perso~ acted, executed the instrument. Jij-;= ~fi~- f Notay PublIc - CaIfomI'o ~ LOS Ange/es County . My Comm. E NaY 3, 2008 WITNESS my hand and official seal. -J~~~ MAil TAX STATEMENTS TO PARTY SHOWN ON tJov. ~. 2<D<6 Date My Commission Expires FOR NOTARY SEAL OR STAMP FOllOWING LINE: IF NO PARTY SO SHOWN, MAil AS DIRECTED ABOVE Name Street Address City, State & Zip GD! --05/30/97bk :Page 1 Escrow No. 128771 -JW LEGAL DESCRIPTION EXHIBIT All that certain Real Property in the City of Gilroy, County of Santa Clara, State of California, described as follows: PARCEL ONE: Beginning at a point on the Westerly line of Monterey Street distant thereon 133.40 feet Northerly from the point of intersection of the Northerly line of Seventh Street with the Westerly line of Monterey Street; thence Northerly along said Westerly line of Monterey Street, 59.70 feet; thence Westerly 150.80 feet; thence Southerly 59.90 feet; thence Easterly 150.50 feet to the Point of Beginning, and being Lot 8, Block 1, South Range 1 West, as shown on Map No. 5 accompanying final report of referees in action of Henry Miller, et aI, vs. Massey Thomas, et als, in the Superior Court of the State of California, in and for the County of Santa Clara. Excepting therefrom so much thereof as lies within that certain alley conveyed by Thomas Rea Company, a Corporation, et als, to City of Gilroy, A Municipal Corporation, by deed recorded August 2, 1912 in Book 388 of Deeds, page 381, Santa Clara County Records. PARCEL TWO: Lot 9, Block 1, South, Range 1 West, as shown upon Map No. 5 accompanying the report of the referees in the case of Henry Miller, et aI, vs. Massey Thomas, et aI, filed for record in the office of the County Clerk of the County of Santa Clara, State of California, and being more particularly described as: Beginning at a point on the Westerly line of Monterey Street, distant thereon 108.40 feet Northerly from its intersection with the Northerly line of Seventh Street; thence Northerly along said Westerly line of Monterey Street 25 feet; thence Westerly along the Northerly line of said Lot 9, 150.50 feet; thence Southerly along the Westerly line of said Lot 9, 24 feet; thence Easterly along the Southerly line of said Lot 9 150.28 feet to the Point of Beginning. Excepting therefrom so much thereof as lies within the bounds of that certain alley, as said alley was conveyed by J. Clavera, et aI, to the City of Gilroy, A Municipal Corporation, by deed recorded August 2, 1912 in Book 388 of Deeds, page 381, Records of Santa Clara County. PARCEL THREE: Lot 10, Block 1, South Range 1 West, as shown on Map No. 5 accompanying final report of referees in action of Henry Miller, et aI, vs. MasseyThomas, et aI, in the Superior Court of the State of California, in and for the County of Santa Clara. Excepting therefrom so much thereof as lies within that certain alley conveyed by Thomas Rea Company, a Corporation, et aI, to City of Gilroy, A Municipal Corporation, by Deed recorded August 2, 1912 in Book 388 of Deeds, page 381, Santa Clara County Records. PARCEL FOUR: Beginning at a point on the Westerly line of Monterey Street, distant thereon fifty-three and 90/100 feet Northerly from the point of intersection of the Westerly line of Monterey Street with the Northerly line of Seventh Street; thence running DEEDLEGL-08j09j94bk Page 2 Escrow No. 128771 -JW LEGAL DESCRIPTION EXHIBIT Northerly and along, the Westerly line of Monterey Street, twenty-nine and 80/100 (29.80) feet to the point of intersection thereof with the dividing line between Lots 10 and 11 in Block 1 of South Range 1 West of the City of Gilroy, as shown upon the Map hereinafter referred to; thence running Westerly and along the dividing line between said Lots 10 and 11, one hundred forty-one and 50/100 (141.s0) feet to a point on the Easterly line of an alley twelve and 50/100 (12.50) feet wide; thence running Southerly and along the Easterly line of said alley, and parallel with the Westerly line of Monterey Street, twenty-nine and 80/100 (29.80) feet to a point on the Southerly line of said Lot 11; thence running Easterly and along the Southerly line of said Lot 11, one hundred forty-one and 50/100 (141.50) feet to the Point of Beginning, and being a portion of Lot 11 in Block 1 South Range 1 West of the City of Gilroy, as shown upon Map No. 5 accompanying the report of the commissioners in the partition suit of Henry Miller, et aI, vs. Massey Thomas, et aI, in the Superior Court of the State of California, in and for the County of Santa Clara. PARCEL FIVE: Beginning at a point on the Northerly line of Seventh Street, distant thereon one hundred nineteen and 10/100 (119.10) feet Westerly from the point of intersection of the Northerly line of Seventh Street, with the Westerly line of Monterey Street; thence running Westerly and along the Northerly line of Seventh Street, twenty-two and 40/100 (22.40) feet to the point of intersection of the Northerly line of Seventh Street with the Easterly line of an alley twelve and 50/100 (12.50) feetwide; thence running Northerly and along the Easterly line of said alley and parallel with the Westerly line of Monterey Street, fifty-three and 50/100 (53.50) feet to a point on the Southerly line of Lot 11 in Block 1 South Range 1 West of the City of Gilroy, as shown upon the Map thereof hereinafter referred to; thence running Easterly and along the Southerly line of said Lot 11, twenty-two and 40/100 (22.40) feet to the Northwesterly corner of Lot 12 in said Block 1 South Range 1 West; thence running Southerly and along the Westerly line of said Lot 12, fifty-three and 50/100 (53.50) feet to the Point of Beginning, and being a portion of Lot 13 in Block 1 South Range 1 West of the City of Gilroy, according the Map No. 5 accompanying the report of the commissioners in the partition suit of Henry Miller, et aI, vs. Massey Thomas, et aI, in the Superior Court of the State of California, in and for the County of Santa Clara. DEEDLEGL-OBj09j94bk CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by The Salvation Army, a California Corporation This is to certify that the interest in real property conveyed by the grant deed dated February 14,2005 from The Salvation Army, a California Corporation, 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 Febru ---- -.......", ) I:\CTYCLERK\FORMS\ACCEPT ANCE.DOC SCHEDULE A Order No: 128771 POLICY NO. : Premium: $2,200.00 128771 Amount of Insurance: $723,540.00 Date of Policy: February 28, 2005 at 8:00 A.M. 1 . Name of Insured: City of Gilroy, A Municipal Corporation of the State of California 2. The estate or interest in the land described herein and which is covered by this policy is: A FEE 3. The estate or interest referred to herein is at Date of Policy vested in: City of Gilroy, A Municipal Corporation of the State of California 4. The land referred to in this policy is situated in the State of California, County of SANTA CLARA and described as follows: SEE ATTACHED DESCRIPTION CLTAOPA POLICY NO: 05 Page 1 128771 LEGAL DESCRIPTION ~ll that certain Real Property in the City of Gilroy, County of Santa Clara, State of California, described as follows: PARCEL ONE: Beginning at a point on the westerly line of Monterey Street distant thereon 133.40 feet Northerly from the point of intersection of the Northerly line of Seventh Street with the Westerly line of Monterey Street; thence Northerly along said Westerly line of Monterey Street, 59.70 feet; thence Westerly 150.80 feet; thence Southerly 59.90 feet; thence Easterly 150.50 feet to the Point of Beginning, and being Lot 8, Block 1, South Range 1 West, as shown on Map No. 5 accompanying final report of referees in action of Henry Miller, et aI, vs. Massey Thomas, et als, in the Superior Court of the State of California, in and for the County of Santa Clara. Excepting therefrom so much thereof as lies within that certain alley conveyed by Thomas Rea Company, a Corporation, et als, to City of Gilroy, A Municipal corporation, by deed recorded August 2, 1912 in Book 388 of Deeds, page 381, Santa Clara County Records. PARCEL TWO: Lot 9, Block 1, South, Range 1 West, as shown upon Map No.5 accompanying the report of the referees in the case of Henry Miller, et aI, vs. Massey Thomas, et aI, filed for record in the office of the County Clerk of the County of Santa Clara, State of California, and being more particularly described as: Beginning at a point on the Westerly line of Monterey Street, distant thereon 108.40 feet Northerly from its intersection with the Northerly line of Seventh Street; thence Northerly along said Westerly line of Monterey Street 25 feet; thence Westerly along the Northerly line of said Lot 9, 150.50 feet; thence Southerly along the westerly line of said Lot 9, 24 feet; thence Easterly along the Southerly line of said Lot 9 150.28 feet to the Point of Beginning. Excepting therefrom so much thereof as lies within the bounds of that certain alley, as said alley was conveyed by J. Clavera, et aI, to the City of Gilroy, A Municipal Corporation, by deed recorded August 2, 1912 in Book 388 of Deeds, page 381, Records of Santa Clara County. PARCEL THREE: Lot 10, Block 1, South Range 1 West, as shown on Map No. 5 accompanying final report of referees in action of Henry Miller, et aI, vs. Massey Thomas, et aI, in the Superior Court of the State of California, in and for the County of Santa Clara. Excepting therefrom so much thereof as lies within that certain alley conveyed by Thomas Rea Company, a Corporation, et aI, to City of Gilroy, A Municipal corporation, by Deed recorded August 2, 1912 in Book 388 of Deeds, page 381, Santa Clara County Records. PARCEL FOUR: Beginning at a point on the Westerly line of Monterey Street, distant thereon fifty-three and 90/100 feet Northerly from the point of intersection of the westerly line of Monterey Street with the Northerly line of Seventh Street; thence running Northerly and along, the Westerly line of Monterey Street, twenty-nine and 80/100 {29.80l feet to the point of intersection thereof with the dividing line between Lots 10 and 11 in Block 1 of South Range 1 West of the City of Gilroy, as shown upon the Map hereinafter referred to; thence running westerly and along the dividing line between POLICY NO: 05 Page 2 128771 LEGAL DESCRIPTION ~aid Lots 10 and 11, one hundred forty-one and 50/100 (141.50) feet to a point on the Easterly line of an alley twelve and 50/100 (12.50) feet wide; thence running Southerly and along the Easterly line of said alley, and parallel with the Westerly line of Monterey Street, twenty-nine and 80/100 (29.80) feet to a point on the Southerly line of said Lot 11; thence running Easterly and along the Southerly line of said Lot 11, one hundred forty-one and 50/100 (141.50) feet to the Point of Beginning, and being a portion of Lot 11 in Block 1 South Range 1 West of the City of Gilroy, as shown upon Map No. 5 accompanying the report of the commissioners in the partition suit of Henry Miller, et aI, vs. Massey Thomas, et aI, in the Superior Court of the State of California, in and for the County of Santa Clara. PARCEL FIVE: Beginning at a point on the Northerly line of Seventh Street, distant thereon one hundred nineteen and 10/100 (119.10) feet westerly from the point of intersection of the Northerly line of Seventh Street, with the Westerly line of Monterey Street; thence running westerly and along the Northerly line of Seventh Street, twenty-two and 40/100 (22.40) feet to the point of intersection of the Northerly line of Seventh Street with the Easterly line of an alley twelve and 50/100 (12.50) feet wide; thence running Northerly and along the Easterly line of said alley and parallel with the Westerly line of Monterey Street, fifty-three and 50/100 (53.50) feet to a point on the Southerly line of Lot 11 in Block 1 South Range 1 West of the City of Gilroy, as shown upon the Map thereof hereinafter referred to; thence running Easterly and along the Southerly line of said Lot 11, twenty-two and 40/100 (22.40) feet to the Northwesterly corner of Lot 12 in said Block 1 South Range 1 West; thence running Southerly and along the Westerly line of said Lot 12, fifty-three and 50/100 (53.50) feet to the Point of Beginning, and being a portion of Lot 13 in Block 1 South Range 1 West of the City of Gilroy, according the Map No. 5 accompanying the report of the commissioners in the partition suit of Henry Miller, et aI, vs. Massey Thomas, et aI, in the Superior Court of the State of California, in and for the County of Santa Clara. POLICY NO: 128771 SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: PAJlTI 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but whch could be ascertained by an inspection of the land or by making an inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented minings claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any right, title, interest, estate or easements in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, whether or not shown by the public records at Date of Policy, or the effect of any violation of any such law, ordinance or governmental regulation, whether or not shown by the public records at Date of Policy. 8. Rights of eminent domain or governmental rights of police power unless notice of excercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) whether or not shown by the public records at Date of Policy, but created, caused, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained of the insured claimant had been a purchaser or encumbrancer for value without knowledge. CLTAOPB POLICY NO: 128771 SCHEDULE B PART II 1. Right of the Public to use as a Roadway so much of said land that lies within the boundary lines of Gourmet Alley. D 2. An easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, In Favor Of: Pacific Gas and Electric Company, a California corporation Pole line April 15, 1986 in Book J660 at Page 1864 Official Records As follows: For: Recorded: Affects: A strip of land of the uniform width of 5 feet lying contiguous to and Easterly of the Westerly boundary line of the city street known as Gourmet Alley and extending from the Northerly boundary line of said lands Southerly approximately 109 feet to the Southerly boundary line of said lands. R Mclcg CLTAOB2 A~n\ . r:;l . ~.~ EJ or - Z II:: 0 ~ ..J .. 0 ,: Z l- I- z D: :> 0 <I; 0 ll. 0 or :%: II:: (.) ... 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