Hoey, Josephine Sophia (2)
RECO~DING J;lEQUESTED BY
3 7 ~i:3795
BOOK8791 PAGE 13
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GY 324017 WER
786-33-52
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\ RECORDED AT THE REQUEST OF
~
Title Insurance and Trust Company
JAN6 1970rO~M
GEORGE E. FOWLES, Recorder
SANTA CLARA COUNTY. OFFICIAL RECORDS
D If-'
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Ct)
-J
,--
~
~
AND WHEN RECORDED MAIL TO
Name
City of Gilroy
10 South Raanna Street
Gilroy, California 95020
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:r-....
,..,
:.1
Street
Address
City &
S'ate L
.J
\-I.
W
MAil TAX STATEMENTS TO
I
"I
Name
Street
Address
same as above
AFA7Q TAX 1?~AMPS IN THIS SPACE
City &
State l_
TO 402 CA (8-65)
~
I Quitclaim Deed I
THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JOSEPHINE SOPHIA HOE:!,
hereby REMISE (S), RELEASE (S) AND FOREVER QUITCLAIM (S) to
CITY OF GILROY, a municipal cornoration
the following described real property in the
state of California: .
county of
Santa Clara
-
BEGINNING at a fence picket marked 0-4, standing where the fence on the South
line of property formerly of Clara N. Ousley, intersects the fence on the Easterly
line of Burchell Road; running thence along the fence line on the Easterly line
of the Burchell Road North 6044' West 3.00 chains to fence picket marked 0-5 North
19028' West 4.25 chains to a fence picket marked 0-6, North 43002' West 7.42
chains to a fence picket marked 0-7, North 10005' West 3.367 chains to a fence
picket marked 0-8, and North 6.11 chains to a point where the Burchell Road
runs westerly, and continuing thence North from said Burchell Road along the
fence line between the lands formerly of Clara M. Ousley and the lands of Milne,
8.91 chains to a fence picket marked 0-9; thence South 48028t East 15.28 chains to
a stake marked 0-10; thence South 790l5t East 18.70 chains to a fence picket
marked 0-11; standing In a' fence line; thence along said fence line South 48012t
East 3.347 chains to a fence picket marked 0-12; South 39023' West 1.39 chains
to a ferce picket marked 0-13, South 40043t East 2.76 3/4 chains to a fence picket
marked 0-14, and South 4058' East 1.52 1/3 chains to an 8" x 8" fence post standin
In the fence line between the lands of the City of Gilroy and the lands of Ousley
thence along the fence line between the lands of the City of Gilroy and the lands
of Ousley South 88026' West 25.237 chains and South 1034t East 9.60 chains to a
stake, South 88006t West 0.994 chains to the place of beginning; containing 36.61
acres of land, more or less.
THIS DEED IS GIVEN FOR THE PURPOSE OF QUITCLAIMING AND CONVEYING TO THE GRANTEE
HEREIN, ALL ~IGHT, TITLE, AND INTEREST OF THE GRANTORS HEREIN AND TO ALL RIGHTS
OF WAY, EASEMENTS AND RIGHTS RESERVED IN THE ABOVE MENTIONED PROPERTY.
"
.
,-
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Dated
.s~Q r.(.~ 'e'1- l'T. I ~ "9
STATE OF CALIiQRNIA I Q( }
COUNTY OF ~^-L "f74 ~ K. AJ- SS.
On .::5o..p',k..A1 k.t<.., I 7, ('71, 1 before me, the under-
si~, Notar~ P~blic i~nd for. said State, personally appeared
-\J....!;2~~htN"~ ~~h t.of- ~el
, known to me
subscribed to the within
executed the same.
Signature ----------
Name (Typed or Printed)
If executed by a Corporation the Corporation Form
of Acknowledgment must be used.
Title Order No.
8om~87g1 PAGE 14
~j~~
00se ine Sophi Hoey r
~G>9<"iC9 illGD0i9~~C919G".0GW~~~~ ~
G1 .""" OFFiCIAL SEAl ~
~ ,~;r\1...; EDWARD PETERMAf'f i9
C'. ':':::"~.\Xi.:' NOTARY PUBLIC - CALIFORNIA ~
~./... '(::' " SANTA CLARA COUNTY ~
~ - M'! (f;n'll"lltlIQ" [,..r-;,.. MiJY.4, 1972 ~
~.- ,h, .~ - T, '_.''- .'--,or~ !'-..~-", ..-".' "'. __,,,,'J1<';l'f!i>t'!I.,,,,,,..,..'..'"-.- ,...,. , ',r;"'I"'" I"
~r" ' ,- .', ," <:',1,'. -,:""iol;;I.. .'./1~_ ~~ c, 1':.:. ',~;;_,i _:.,'i', .{',J
~lO>L, "\:l':~ ""I St,,,,,,1 Gi:rQ,y, Califopni" 95Q.UJ
(This area for official notarial seal)
Escrow or Loan No.
.'
MAIL TAX STATEMENTS AS DIRECTED ABOVE
~'7'
.
GY 324017 WER
fi
BOfJK8791 B4GE 15
CERTIFICATE OF ACCEPTANCE OF CONVEYANCE TO THE CITY OF GILROY
BY Josephine Sonhia Hoev
I, the City Administrator of the City of Gilroy, do hereby certify
that pursuant to the authority given by Resolution No. 944, adopted by the
Council of the City of Gilroy on the 6th day of July, 1965, at a regular meet-
ing 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 Cal ifornia,
in Boek 7027, page 228; I, as said City Administrator, do hereby accept on be-
half of the said City, the conveyance to the City of Gilroy by
Josephine
Sophia Eoey
of the premises described in the attached convey-
19th day of
September
, 1969, and that the said
ance dated the
City of Gilroy consents to the recordation of said conveyance.
IN W J TNESS WHEREOF, I have hereunto set my hand th i s 2nd
day of
October
, 19~.
....
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[JCIIIllIT A.
StJur. f174f f-Al;t 42 _
All that certai~ real property situate in the County of Santa Clara, .State of
California, described as follows:
.
BEL'!C a portion 0 f the Sol i 5 Ran.cho in Santa Clara County, Cal ifornia, as
pa ten ted, and being more particula r 1)~ ..lescr i bed as follows:
"".
"BLGINNING at corner designated as "0'9" at the most northwesterly corner of tl1;lt
co rtain 36.61 acre parce 1 of LllleI eI is t ri bu ted to the City of Gi1 roy by the
"Order awl Dccrce of. Partial and Ratable Distribution Prior to, Final Settlement
in the matter of the Estate of Mary E. Ousley, deceased, certified copy of said
Order and Decree being recorded in Volume 897 at pages 539,540 and 541, Offica1
Records of Santa Clara County, 'and running thence along the northeasterly line of
said 36.61 acre parcel S.46050' E.680.06 feet; thence leaving said northeasterly
line N.3lo16'W.971w21 f~e~, m6r6 or l~ss, to a noint in the westerly linc of'
that ccrtail14 3 ~. R acre parce 1 of land des cri ])ed in the Decree 0 f Dis t ri hll t ion
ill tile iIattcr .of the Est:1te of Echvard Bryant Iloey, Deceased, Superior Court .
Case No; 38123, Certified copy of said Decrce being recorded undcr Serial N08177~1
in tllC office of the Recorder of Santa Clara County; thence along said westerly /
line S.10J6tE.365.00 feet to the point of beginningo ./
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W. J, HANNA Be SON
CIVIL ENGINEE.RS AND SURVEYORS
GILROV . HOL.LISTIER
OUSLEY i
PARK ADDITION I
c \TY OF Ga,l-ROY !
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....uC.UST ) I '3S9 I" :: 400 II
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FIELD BOOK No._ - /(24 r
--- JOB NO. ~
Ii
II'RINTED 0""' O!~PO NO. 1020 CLEAA""INT
R. C. LEIS
C. B. LEIS
C, I-I
LEIS & LEIS
ATTORNEYS A';-I:AW~-'
FIRST NATIONAL BANK BUILOIN13
SAN ....OSE. CALIFORNIA
October 20, 1938
Mr. James S. Byers,
City Attorney,
Gilroy, California.
RE: Estate of MARY E. OUSL}~I, Deceased.
Dear Mr. Byers:
This will acknowledge receipt of your letter of October
19, 1938. With reference to the taxes on the property to be lanown
as "Ousley Park" given to the City of Gilroy by the Last Will of
the above named deceased, we agree with you that it would only be
fair to have the City pay the taxes since her death -- especially
in view of the fact that rental was stopped at the time of Miss
Ousley's death. Will you not present the matter to the City and
advise us of its action?
Referring now to the petition for partial distribution:
You are quite correct in your statement that in the same we are
attempting to set forth therein the terms and conditions under
which "Ousley Park" was devised to the City of Gilroy by the Last
Will of Miss Ousley, and that we propose to include them in the
decree. For your information, we are enclosing a copy of her Will.
We refer you particularly to paragraph II of the Will, which
specifically states that the devise is made subject to easements
and uses to Wllich the property is subject.
,
\
For your further information, we are enclosing copies
of two deeds made to Mrs. Electa Ousley, one by the City of Gilroy
and one by McKenzie and Buick. The last mentioned conveyance is
not referred to in the petition, but we think it proper that refer-
ence to it be made in the decree of distribution which we propose
to have entered pursuant to the petition, copy of which was sent you.
lllose terms and conditions of the devise which are not
set forth in the two instruments above referred to, are taken from
the last lease of the property to the City of Gilroy, dated February
2, 1925, copy of which is also included for your information. The
original copy of this lease, which we have in our possession, does
not show that it has been recorded, nor does the preliminary report
on title, which we have, show that it was recorded.
If there is any further inforraation which we can give
you, please do not hesitate to ask for it.
Very truly yours,
RCL:b
Encls.
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Know all men~hese presents that for and in
consideration of the sum of One _J.2.o};!-Jl..1: and the right
of way and the water privileges the Cit~2f Gilroy a
corporation duly formed under the laws of the State of
California do hereby give and grant unto Mrs E Ousl~
of Gilroy TmVllship Santa Clara County State of California
and to her heirs and assigns the right to the use of a
one inch water guage; water to be talcen from the pipe
of the said City of Gilroy, to be used by the said Mrs E.
Ousley, her heirs and assigns for the following purposes
and none other viz: for household and culinary pur-
poses water shrubber7f in her yard; watering stocks that
may be on her premises irrigating a garden sufficient
for a small family and to extinGuish fires should
any occur
The said water to be used by the said Mrs E
Ousley on the South and North side of the road or on
both at her option
In WLtnes_~_~hereof__the said City of Gilroy
by the Mayor and the City Clerk set its hand and
seal this 16th day of June, 1888
LOUIS LOUPE
Mayor. ( Seal)
City Clerk (Seal)
VJ. R. PYLE
STATE OF CALIFORNIA )
) SSe
County of SANTA CLAHA)
On this Sixteenth day of June A. D. one thousand eight
hundred and -E:18ht'YEig'ht before Ire , GEO E HERSEY
a Notary Public, in and for the said County of Santa
Clara personally appeared Louis Loupe an~l~~_~_
known to me to be the MaY?F and Clerk of the Corporation that
executed the wi thin Instrument, and acknowledged to me that such
Corporation executed the same.
,.,
u
IN VIITNESS
affixed
said
year in
",JIEHEOF, I have hereunto set my hand and
my Official Seal, at my office in the
County of Santa Clara the day and
this certificate first above written.
E
A
L
GEO E HERSEY
-----!'fotary-Publlc--------
D. MoKENZIE
et al
'1'0 E. Owsley
.. , It . It ,tf t .. It t tff tit It'" tt t tt, It tilt II t .. .. t 1ft It t .. t It t .. .. , .. t .. t It tit, It. If .. t . , lit
Know all.en b7 theae presents that tor & 1n oonslderatlon
ot the lUll ot One dollar to us lnhand palO. 4: the 1'1ght ot "A1
granted 1)1 111,0"" Ow,' 1181, to u.. "e do hereb1 ..11 6 oonvey unto
the 88.14 Ellota OWe181 her helr8 4: asslp., the rlght to UI.
one halt lnch ot water trom the pipe. hereaftel' to be lald tor
the purpose ot oar1'71ng 'fIatel' trom the U'9'al Cnet to the 01 t7
of Gl1ro1. the sald IIrs. OWel.,. to hav.the tree use of II ald
halt 1noh ot water tor domest1c purposes.
Wltness our hands . seals the 14th dtq otreb:ruaJ7 1871.
~n;:d][~c~~:ie ~:::i~
State ot Oallfornia )
Oounty ot santa Olara ) Is On thle 15th day' ot 'ebJUa%7 A. D.
One thou land eight hundred and le.,.ent1
one betore .., J....,. R. Low. Jr. a Notary Pub110 1n and tor lald
County ot santa Clara duly oomm1ls1on.4 ..om and qualifled.
personal11 appeared the w1 thin na. d Donald MoKenzie, and D.S.
I. Buiok whol. nail.' are aub.crlbed to the annex.a lnetrum.nt a.
partie. theNdsO perlonall, known to .e to be tbe individuals
d..oribea in ;;! who exeouted the sa14 annexed instrument and
they eaoh 8everal17 Aulr aclmowledged to m. that the7 executed
the .ue treely end yoluntari11 and tor the u.ea and purpose.
therein ment10ned.
In Witness whereot I have
(lfOTARIAL SEAL) hereunto set 111 hand and aft1xea
111 off101al ,tal "
at .1 oNioein tpe 01ty of
S.nJos't Oount,. of Santa
OlaX'a S~ate ot Oa11tern1a, the 4&1
and year 1n thi. Or-t1tloa" f1rst above
Written.
James R. Lowe. Jr.
Notary Publio 1n and tor the County ot
Santa Olara, State ot California
Reoorded at t Request ot E. 01'I81er Bov7th 1883 at 20 a1n past ..
oclook P. M.
J. M. P1tman OQu.ntT Recorder
By H. I. raNer, D$putr.
Reoorde4 ln Volume 71 ot Deeds at page 175.
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THIS LEASE, Made this second day of February, 1925, by and
between MARY E. OUSLEY and CLARA M. OUSLEY, of the County of Santa
Clara, State of California, the parties of the first part, and
GILROY GOLF AND COUNTRY CLUB, a Corporation, the party of the
second part,
WITNESSETH: That the parties of the first part, for and in
consideration of the rents, covenants and agreements hereinafter
contained on the part and behalf of the said party of the second
part to be paid, kept and performed, do hereby lease unto the said
party of the second part and to its successors as hereinafter provided,
all that certain lot, piece and parcel of land situate, lying and
being in the County of Santa Clara, State of California, bounded
and particularly described as follows, to-wit:
Beginning at a fence picket marked 0-4, standing where
the fence on the south line of property of Clara IiI. Ousley inter-
sects the fence on the easterly line of tlle Burchell Road; running
thence along the fence line on the easterly line of the Burchell
Road N. 60 44' W., 3.00 chains to fence picket marked 0-5, N.
190 28' W., 4.25 chs., to afence picket marked 0-6, N. 430 02' W.
7.42 chs., to a fence picket marked 0-7, N, 100 05' W., 3.367 chs.
to a fence picket 0-8, and North 6.11 chains to a point where the
Burchell Roa~ runs Westerly, and continuing thence north from
said Burchell Road along the fence line between the lands of
Clara M. Ousley and the lands of Milne, 8.91 chains to a fence
picket marked 0-9; thence S. 480 28' E., 15.28 chains to a stake
marked 0-10; thence S. 790 15' [ 18.70 chains to a fence picket
marked 0-11, standing in a fence line; thence along said fence
line S. 480 12' E. 3.347 chains to a fence picket marked 0-12,
S. 390 23' W., 1.39 chains to a fence picket marked 0-13, S. 400
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43' E. 2.76~chains to a fence picket marked 0-14, and South 40
58' E. 1.52-1/3 chains to an 8"x8" fence post standing in the fence
line between the lands of the City of Gilroy and the lands of
Ousley; thence along the fence line between the lands of the
City of Gilroy and the lands of Ousley S. 880 26' W. 25.237 chains
and S. 10 34' E. 9.60 chains to a stake, S. 880 06' W. 0.994 chs.
to the place of beginning.
a
EXCEPTING from the above~ight of way thirty feet wide along
the Northeasterly boundary line to be used by the lessors for tak-
ing cattle from one part of their premises to another, and the
lessees shall construct gates in the fences for the passage of
said cattle.
The lessors shall gave the right at all times to go through
the leased premises with auto trucks or other vehicles.
The whole of the tract of land lies within the Solis
Rancho and contains 36.61 acres.
For the period cONmencing with the second day of February,
1925 and ending with the 31st day of March, 1927;
For the regular yearly rental of Ten Dollars per acre,
payable in twelve equal monthly installments, in advance, on the
first day of each and every month of this lease, said rental to
be paid for account of the lessors to the Bankof Italy, Gilroy,
California.
And the said party of the second part does hereby accept
this lease and does hereby covenant and agree with the parties
of the first part as follows:
That it will pay the said rental of ten dollars per acre
per year in the manner hereinbefore stated; that it will carefully
use the said premises during the term thereof; that it will conrnit
no waste or suffer any to be done thereto; that it will keep all
2
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fences and improvements on said premises in food state and con-
dition; that the land hereby leased shall be used by the party of
the second part for the purpose of a Golf and Country Club; and
that it will not assign this lease to any person, firm or corpora-
tion other than such organization or corporation as may be formed
or organized by the Gilroy Golf and Country Club, for the purpose
of carrying out its objects, without the consent of the parties
of the first part first obtained; and further, that at the ex-
piration of this lease or the sooner determination thereof, it
will peacefully and quietly surrender and yield up the entire pos-
session of the said premises unto the said parties of the first
part in as good state and condition as the same are now in.
The party of the second part does hereby agree to move the
water troughs now on the premises hereby leased and used by the
parties of the first part for watering stock, to a point near the
Northwesterly corner of the leased premises and to pipe water from
the watermain of the City of Gilrov to said water troughs at their
now location, the party of the second part hereby agreeing to
furnish an adequate water supply at said point for said stock.
The party of the second part will construct a portion of
the golf course of the Gilroy Golf and Country Club on the premises
hereby leased, and for that purpose may cause the construction of
hazards and the erection of obstacles, walks and greens and all
other things necessary to tile construction of a golf course on said
premises; but it is understood that at the expiration of this lease
the party of the second part will leave the surface of the gouund
in as good state and condition as at the commencement of this
lease. In the construction of the golf course, no oil or petroleum
products or any beach sand shall be put on the land hereby leased
or used in making any walks, paths or green thereon.
3
The party of the second part shall have no right to any
oil or mineral products in the land hereby leased by virtue of
this lease, all such oil and mineral rights being hereby reserved
by the parties of the first part.
Should the party of the second part cause any buildings
or tanks or structures to be erected on the premises hereby leased
during the ternl hereof, or lay or cause to be laid any 1Nater pipes
in the ground, it shall have the right to remove such buildings,
tanks and st~~ctures and pipes and piping at the expiration of this
lease or any continuation thereof, provided all rent due be paid;
and it is further agreed that the party of the second part may upon
the expiration of this lease or any continuation thereof, take up
and remove any grass green sod and remove said greens from the
premises, it being understood that in case of the removal of any such
buildings, pipes or sod, that the ground and premises shall be left
in as good condition as they now are in.
It is further understood between the parties hereto that
should the parties of the first part wish to sell the premises
hereby leased at any time during the term hereof or any extension
hereof, the party of the second part shall have an option of
purchasing said property upon such terms and conditions as the parties
of the first part would be willing to accept from any other person.
It is understood between the parties hereto that if default
be made by the party of the second part in the payment of any rent
when due or in the performance of any of the covenants and agree-
ments therein contained on the part and behalf of the said party
of the second part to be kept and performed, then and in that event
the parties of the first part may re-enter the said premises and remove
all persons therefrom and at their option terminate and cancel this
lease.
4
The parties of the first part agree to extend the term of
this lease for a period of five years from and after the thirty-
first day of March, 1927, should the party of the second part
desire such extension, upon the same rental, terms and conditions
as herein contained.
EXECUTED IN DUPLICATE this 2nd day of February, 1925.
MARY E. OUSLL"Y
CLARA M. OUSLEY
GILROY GOLF AND C OU:NTRY CLUB
by JAS. PRINCEVALLE
President
By D. L. RAYNOLDS
Secretary
5
STATE OF CALIFOill~IA,
ss
County of S~ta Clara.
On this 2nd day of February, the year 1925, before me,
RANDALL O'NEILL a Notary Public in and for said Santa Clara County,
residing therein, duly commissioned and sworn, personally appeared
Mary E. Ousley and Clara M. Ousley, knovm to me to be the persons
described in, whose names are subscribed to, and who executed
the within instrument, and acknowledged to me that they executed
the same.
IN WITNESS WHEREOF I have hereunto set my hand, and affixed
my official seal, at my office in the said County of Santa Clara,
the day and year in this certificate first above written.
(SEAL)
RANDALL O'NEILL
Notary Public in and for the said County of
Santa Clara, state of California.
My commission expires, January 25, 1928.
STATE OF CALIFORNIA,
ss
County of Santa Clara.
On this 2nd day of February, the year 1925, before me, Randall
O'Neill, a Notary Public in and for said Santa Clara county, residing
therein, duly commissioned and sworn, personally appeared Jas. Prince-
valle and D. L. Raynolds, known to me to be the President and
Secretary, respectively, of the Corporation described in and who executed
the within instrument, and acknowledged to me that such Corporation
executed the same.
IN WITlffiSS V,~EREOF, I have hereunto set my hand, and affixed my
official seal, at my office in the said County of Santa Clara, State
of California, the day and year in this certificate first above written.
(SEAL)
RANDALL 0' NEILL
Notary Public in a-nd-forth-e-said County of
Santa Clara, State of California.