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Gilroy, City of to SCRWA " \J , ~ '\> \{\ ~ '\: ",-" ~ '" \ ~ ~ ~ \~ , ~~ K\ , .~ ~ ~ , RECORDING REQUESTED ~) / Ii. CHICAGO TITLE COMPANY i ! /j-l lfl AND WHEN RECORDED MAIL T I;cRWA, A Califonria corporatio~ DOCUMENT: 15281922 Tit I es: 1 / Pages: 5 H III In II "II " U Fees. . . 29.00 Taxes. . -0015281922_ Cop i es. . AMT PAID 29.00 BRENDA DAVIS RDE ** 008 SANTA CLARA COUNTY RECORDER 6/15/2000 Recorded at the request of 11: 38 AM Chicago Title Attn: Mr. Jay Baksa 1500 Souths ide Drive Gilroy, California 95020 ~ /,LJ5t/46'?J GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS none - seller is tax exempted entity pursuant to Revenue Code 11922 [}g unincorporated area 0 City of o computed on the full value of the interest or property conveyed, or is [K] computed on the full value less the value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Gilroy, A Municipal Corporation L Escrow NO, 821468 - JW Order No, 821468 - LM SPACE ABOV:: THIS LINE FOR RECORDER'S USE hereby GRANT(S) to South County Regional Wastewater Authority, a California Joint Exercise of Powers Authority organized and created pursuant to the laws of the State of California the following described real property in the County of Santa Clara , State of California: See Legal Description attached hereto and made a part hereof Dated June 6, 2000 /~k,()o- STATE OF CALIFORNIA COUNTY OF Santa Clara On June 8, 2000 Rhonda Pellin. Notary Public a Notary Public in and for said County and State, personally appeared Michael R. Dorn } SS. before me, City of Gilroy Hichael R. Darn J p - -- -;~N;A~N -- ... J . Cornmission' 11<42623 i Notay PublIc - COIIfanicI. f z Sa1ta CIa'a Ccu1ty - J _ _ _ _t.tt~.:~~l:~lt 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 instrument. WITN S y 'od aod Off;~ Signature of Notary MAil TAX STATEMENTS TO PARTY SHOWN ON ~ -I ~ - ~DO I Date My Commission Expires FOllOWING LINE: IF NO PARTY SO FOR NOTARY SEAL OR STAMP SHOWN, MAil AS DIRECTED ABOVE Name Street Address City, State & Zip GD1 --05(30(97bk Legal Description All that certain Real Property in the County of Santa Clara, State of California, described as follows: PARCEL ONE: All of Parcell, 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 al 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 "Ingress/Egress 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. PARCEL TWO: All of Parcel 3, 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 al 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. EXHIBIT - LEGAL DESCRIPTION All that certain Real Property in the City of Gilroy, County of Santa Clara, State of California, described as follows: Being a portion of Ranch Lot 52 of the Las Animas Rancho, as shown on the Record of Survey Map filed for record in the Office of the County Recorder of said County of Santa Clara, in Book 23 of Maps, at Page 10 therein, and being further described as follows: Beginning at an iron pipe marking the Easterly common corner of the Northwesterly line of said Ranch Lot 52 and the Southeasterly line of the City of Gilroy Sewer Farm as shown on the Record of Survey Map, filed for record in the Office of the said Recorder, in Book 262 of Maps, at Page 6 therein; thence along the common line of said Ranch Lot 52 and said City of Gilroy Sewer Farm, South 540 32' 30" West, 1031.94 feet to the true point of beginning; thence along the said common line, the following two courses and distances: South 540 32' 30" West, 1281.71 feet to the Northwesterly corner of said Ranch Lot 52, and South 350 20' East 317.03 feet to an iron pipe; thence continuing along the Southwesterly line of said Ranch Lot 52, South 350 24' 16" East, 3670.97 feet to the Southwesterly corner of said Ranch Lot 52, thence along the Southeasterly line of said Ranch Lot 52, North 540 36' 21" East, 1544.36 feet; thence running Northwesterly along the existing berm on the Westerly side of Llagas Creek, the following courses and distances: North 340 34' 02" West, 496.02 feet; North 350 47' 30" West, 551.01 feet; North 350 11' 05" West, 600.00 feet; North 340 42' 35" West, 430.03 feet; North 350 22' 33" West, 476.00 feet; North 360 46' 52" West, 549.47 feet; North 440 15' 57" West, 150.83 feet; North 500 44' 48" West, 300.04 feet; North 510 07' 41" West, 342.25 feet; and North 630 57' 21" West, 135.91 feet to the point of intersection with said Northwesterly line of Ranch Lot 52, being also the True Point of Beginning. Excepting therefrom those portions thereof conveyed to Santa Clara Valley Water District, a public corporation by that certain deed recorded March 7, 1989 in Book K868, Page 1105, Official Records. EXHIBIT LEGAL DESCRIPTION All that certain Real Property in the City of Gilroy, County of Santa Clara, State of California, described as follows: PARCEL ONE: BEGINNING at an iron bar driven at the most Northerly corner of Lot 5 of the Subdivision of the lands of Thos, Rea in Las Animas Ranch Lots 53 and 54 as said Subdivision is shown in Book "F" of Maps, page 24, in the Office of the County Recorder of Santa Clara County, California; running thence along the Northeasterly line of said Lot 5, S. 350 22' E. 19.159 chs. to an iron bar standing at the most Easterly corner of said Lot 5; thence along the Southeasterly line of said Lot 5, S. 400 30' W. 23.608 chs. to a stake marked 10-11; thence N. 430 30' W. 21.439 chs. to a stake marked 10-11 standing on the Northwesterly line of said Lot 5; thence along said Northwesterly line N. 460 30' E. 26.164 chs. to the place of beginning, containing 50 acres and being part of Lot 5 of the Subdivision of the lands of Thos. Rea, in Las Animas Ranch Lots 53 and 54 as said Subdivision is shown in Book "F" of Maps, page 24, in the Office of the County Recorder of the County of Santa Clara, State of California. PARCEL TWO: An easement for a right of way Twenty (20) feet wide over and across the Southeasterly Twenty (20) feet of Lot 5 of Thos. Rea Subdivision extending from the most Southerly corner of the 50 acre tract above described to the Northeasterly line of right of way of the Southern Pacific Railroad Company, as granted by Mary Lee Rea to Frank H. Ross and J.H. Carl, by instrument dated August 30, 1930 and recorded on October 9, 1930 in Liber 537 of Official Records, page 234 in the Office of the County Recorder of the County of Santa Clara, State of California. CERTIFICATE OF ACCEPTANCE L (Government Code Section 27281) Certificate of Acceptance of Conveyance to the South County Regional Wastewater Authority by The City of Gilroy, a Municipal Corporation This is to certify that the interest in real property conveyed by the grant deed dated June 6, 2000 from the City of Gilroy, a Municipal Corporation, to the South County Regional Wastewater Authority, a Joint Powers Authority of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the South County Regional Wastewater Authority 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:\CTYCLERK\FORMS\ACCEPT ANCE~SCRW A DOC Owners Policy American Land Title Association Form B- 1970 (Amended 10-17-701 Policy Number A Z 853912 MINNESOTA T1TL~ .4. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCI;lEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE COMPANY OF MINNESOTA, herein called the Company, insures, as of Date of Policy shown in Schedule A. against loss or damage, not exceeding the amount of insurance stated in Schedule A. and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. IN WITNESS WHEREOF, the said Title Insurance Company of Minnesota has caused its corporate name and :::: ~:::; be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company. .: -... ,',',,'.......... --- /,,".,.. - ,~ ,..---- . _---............ ", <,' " '- "",/ /' ".,..'" -......... "" ~'"..... ----I ... -.........,...." .............-v ~.-.--:::::---....""""- I - " ,,'....... - /.... . " .... - ~. '~.:;- ,.~.i:f.~/'''",,: ,''\...'.........,/ - . ......~-;~- -'!!!~.t' ';1- ~ /' - ., ~ ~ \..t'I?t..' ~ . , ~ "'~::- ..:;~ :,\:..c.',..' ~~' ~,~ - --.. ,,',.....','...... -- /,,(/"'-'> ,,"-~~'\\\\, . ./. - -- .......,,,, ,,"" . --:;- /.- " g - ......... ",..... "'- 1/ ,...../ ...,.. -....."", --" - ......,'....'........... --- '" ------ ,/ ";, .... -, '.'.... .. - ,/ . ,. ',- "..'......~ Authorized Signatory TIM Form #130 8/86 25M TITLE INSURANCE COMPANY OF MINNESOTA A Stock Company 400 Second Avenue South. Mllmeapolis, Minnesota 55401. ~ ~~~,~, A",,, ~ f[?o/soc"",, EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. 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 reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public rec- ords 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 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 sub- sequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. CONDITIONS AND STIPUlATIONS 1. Definition of Terms The following terms when used in this policy mean: (a) "insured": the insured name in Schedule A and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by oper- ation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by refer- ence in Schedule A and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust. trust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land. 2. (a) Continuation of Insurance after Conveyance of Title This coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured 3. Defense and Prosecution of Actions-Notice of Claim to be given by an Insured Claimant (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedtngs commenced against such insured, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or defense is inter- posed as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest. as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall haye the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Compny may pursue any such litigation to final determi- nation by a court of competent jurisdiction and expres~ly reserves the right. in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or pro- ceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining wit- nesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. Notice of Loss-Limitation of Action In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been deter- mined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. Options to Payor Otherwise Settle Claims The Company shall have the option to payor otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such pay- ment or tender of payment. by the insured claimant and authorized by the Company 6. Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (iil the amount of insurance stated in Schedule A: or, (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litiga- tion carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company (c) When liability has been definitely fixed in accord- ance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. (Conllr1Ued on inside back flap) SCHEDULE A American land Title Association Owners Policy - Form B Policy No: Order No: AZ 853912 349613 Amount of Insurance: $ 4,944,500.00 Date of Policy: July 21st, 1992 at 3:06 p.m. Premium: $ 6,553.44 1. Name of Insured: SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY 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: SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY, a California Joint Exercise of Powers Authority organized and created pursuant to the laws of the State of California Americall land Title Association Owners Policy - Form B SCHEDULE B Policy No. AZ 853912 This policy does not insure against loss or damage by reason of the following: THE FOLLOWING ITEMS AFFECTS PARCELS ONE, TWO AND THREE: 1. Facts which would be disclosed by a comprehensive survey of the premises herein described. 2. The consequences of the presence, if any, of hazardous substances, dangerous materials or harmful waste, as a health or safety hazard, or otherwise, which may affects said land. 3. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrume~: Granted to For Recorded Affects SIERRA AND SAN FRANCISCO POWER COMPANY for an electric transmission line and private telephone line with necessary towers and cross-arms August 27th, 1912 in Book 393 of Deeds, Page 65 PARCEL THREE BY INSTRUMENT RECORDED ON JUNE 17, 1970 IN BOOK 8956 PAGE 77, A PORTION OF THE ROUTE OF THE ABOVE LINE OF TOWERS WAS CHANGED. 4. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to For Recorded Affects SIERRA AND SAN FRANCISCO POWER COMPANY, a corporation distribution of electricity and private telephone line with towers and cross-arms January 7th, 1913 in Book 398 of Official Records, Page 161 Southeasterly area of Parcel Two 5. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to For Recorded Affects FrGIS 11 OOB 1 COAST COUNTIES GAS and ELECTRIC COMPANY, a corporation a single line of poles and wires for distribution of electricity November 9th, 1925 in Book 189 of Official Records, Page 513 The exact location not disclosed of record Page ~of ~Pdges American land Title Association Owners Policy - Form B Policy No. AZ 853912 Page 2 of Schedule B 6. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to For Recorded Affects COAST COUNTIES GAS and ELECTRIC COMPANY anchors ~ November 18th, 1938 in Book 900 of Official Records, Page 573 The said anchors to be located along the Easterly boundary of above described property 190 feet and 790 feet, more or less, North 350 22' West of the Southeasterly corner of said Lots. (Affects Parcel Two) THE FOLLOWING ITEMS AFFECTS PARCEL FOUR: 7. Facts which would be disclosed by a comprehensive survey of the premises herein described. 8. The consequences of the presence, if any, of hazardous substances, dangerous materials or harmful waste, as a health or safety hazard, or otherwise, which may affects said land. 9. Rights of the public, County and/or City, in and to that portion of said land lying within the lines of Luchessa Avenue. 10. An easement affecting that portion of said land and for the purposes stated herein and inciaental purposes as provided in the following instrument: Granted to For Recorded Affects FTCIS 1100D Coast Counties Gas and Electric Company, a corporation Transmission and distribution of electrical energy May 27th, 1932 in Book 615 of Official Records, Page 263 Southeasterly 10 feet ['''be ~of ~Pages American land Title Association Owners Policy - Form B Policy No. AZ 853912 Page 3 of Schedule B 11. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount Trustor/Borrower Trustee Beneficiary/Lender Dated Recorded $84,000.00 City of Gilroy, a municipal corporation - Lawyers Title Insurance Corporation, a corporation Elsie R. Rush, a widow February 14th, 1979 February 22nd, 1979 in Book E299 of Official Records, Page 504 By instrument recorded on September 20, 1984 in Book 1898, page 658, the beneficial interest under the above deed of trust now vests as follows: BARBARA ZAMZOW, fifteen (15%) percent thereof; JAMES ZAMZOW, ten (l~) percent thereof; NANCY ZAMZOW, ten (10%) percent thereof; CAROL ZAMZOW, ten (lO~) percent thereof; ALMA GAY EUSTIS, fifteen (15%) percent thereof; CCURTLAND GARY RUSH and TERRY A. RUSH, his wife, fifteen (15%) percent thereof; SHIRLEY LUTES, ten (10%) percent thereof; EVELYN RIANDA, Fifteen (15%) percent thereof. THE FOLLOWING ITEMS AFFECT PARCEL FIVE: 12. Facts which would be disclosed by a comprehensive survey of the premises herein described. 13. The consequences of the presence, if any, of hazardous substances, dangerous materials or harmful waste, as a health or safety hazard, or otherwise, which may affects said land. 14. Rights of the public, County and/or City, in and to that portion,of said land lying within the lines of Souths ide Drive. THE FOLLOWING ITEMS AFFECTS PARCEL SIX: 15. Facts which would be disclosed by a comprehensive survey of the premises herein described. Pa!;e ~of ~Pages FTGIS 11000 American l.and Title Association Owners Policy - Form B Policy No. AZ 853912 Page 4 of Schedule B 16. The consequences of the presence, if any, of hazardous substances, dangerous materials or harmful waste, as a health or safety hazard, or otherwise, which may affects said land. 17. The effect Executed by of an AGREEMENT FOR LAND CONSERVATION COUNTY OF SANTA CLARA and ROBERT A. FILICE and BEVERLY S. FILICE February 25th, 1975 in Book B292 of Official Records, Page 500 Recorded 18. Any easement for water course over that portion of said land'lying within the banks of Washerwoman Creek and any changes in the boundary lines of said land that have occurred or may hereafter occur from natural causes. 19. LACK OF RECORD ACCESS to any public Street or Highway. The affirmative coverage set forth in Paragraph Three (3) of the Insuring Provisions is not provided under this policy. - THE FOLLOWING ITEMS AFFECT PARCEL SEVEN: 20. Facts which would be disclosed by a comprehensive survey of the premises herein described. 21. The consequences of the presence, if any, of hazardous substances, dangerous materials or harmful waste, as a health or safety hazard, or otherwise, which may affects said land. 22. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to For Sierra and San Francisco Power company, a corporation the installation and maintenance of a tower line, together with the necessary crossarms etc. and the right of ingress and egress August 27th, 1912 in Book 393 of Deeds, Page 65 Said right of way being along the Southwesterly line of the premises, and reference is hereby made to the record thereof for further particulars Recorded Affects Page ~of ~Pages FrGIS 11000 American land Title Association Owners Policy - Form B Policy No. AZ 853912 Page 5 of Schedule B "In case the said transmission line shall be abandoned by the party of the second part, its successors or assigns, or shall not be used by the party of the second part, its successors or assigns, for a period of five successive years, then all rights, hereunder, shall cease and said right of way shall revert to the parties of the first part, their successors and assigns, and the said transmission line shall be removed from said premises. 23. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to For Recorded Affects Santa Clara Valley Water District slope purposes March 7th, 1989 in Book K868 of Official Records, Page 115 as follows: Page ~of ~Pages FrGIS 1100D American land Title Association Owners Policy - Form B Policy No. AZ 853912 Page 6 of Schedule B A: Being a portion of that certain 191.532 acre parcel of land shown on that certain Record of survey filed in Book 262 of Maps, page 6, in the office of the Recorder, County of Santa Clara, State of California to wit: A strip of land 35.00 feet wide, the Southwesterly line thereof lying 35.00 feet Southwesterly of and parallel with the following described northeasterly line thereof; beginning at a 1 1/2 inch iron pipe which marks the most easterly corner of said parcel, as shown on said record of survey; thence along the Southeasterly line of said parcel, S. 540 32' 30" W. 1229.80 feet to the true point of beginning, thence leaving said line N. 540 43' 00" W. 573.96 feet; thence along a tangent curve to the left having a radius of 335.00 feet, through a central angle of 030 53' 43" for an arc distance of 22.78 feet; thence N. 580 36' 43' W. 397.18 feet; thence along a tangent curve to the right having a radius of 795.00 feet, through a central angle of 240 07' 47" for an arc distance of 334.81 feet to the Northwesterly terminus of said strip. The sidelines of said strip lengthening and shortening so that the Southeasterly terminus thereof is the Southeasterly line of said parcel, as shown on said Record of Survey, and the NorthWesterly t~rminus thereof has a radial bearing of N. 550 31' 04" E. B: Being a portion of that certain 191.532-acre parcel of land shown on that certain Record of Survey filed in Book 262 of Maps, at page 6 in the office of the Recorder, County of Santa Clara, State of California, to wit: A strip of land 20.00 feet wide, the Northeasterly line thereof being 20.00 feet Northeasterly of and parallel with the following described southwesterly line thereof, Beginning at a 1 1/2 inch iron pipe which marks the most Easterly corner of said parcel as shown on said Record of Survey; thence along the Southeasterly line of said parcel S. 540 32' 30" W. 848.46 feet to the true point of beginning; thence leaving said line N. 540 43' 00" W. 699.73 feet; thence along a tangent curve to the left having a radius of 695.00 feet, througn a central angle of 030 53' 43" for an arc distance of 47.25 feet; thence N. 580 36' 43" W. 397.18 feet; thence along a tangent curve to the right having a radius of 435.00 feet, through a central angle of 380 12' 53" for an arc distance of 290.13 feet; thence N. 200 23' 50" W. 385.83 feet to the Southeasterly line of the lands designated "Parcell" on that certain parcel map filed in Book 325 of Maps, page 20, Santa Clara County Records, the sidelines of said strip lengthening or shortening so that the Southeasterly terminus thereof is the Southeasterly line of said 191.532 acre parcel, as shown on said Record of Survey, and the Northwesterly terminus thereof is the Southeasterly line of said "Parcell" as shown on said parcel map. THE FOLLOWING AFFECTS PARCEL EIGHT: 24. Facts which would be disclosed by a comprehensive survey of the premises herein described., Page ~_()f 12 Pages 1',.1:,. ,ji.) American land Title Association Owners Policy - Form B Policy No. AZ 853912 Page 7 of Schedule B 25. The consequences of the presence, if any, of hazardous substances, dangerous materials or harmful waste, as a health or safety hazard, or otherwise, which may affects said land. 26. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to For Recorded Affects SIERRA AND SAN FRANCISCO POWER COMPANY, a corporation distribution of electricity and private telephone line ~ January 7th, 1913 in Book 398 of Official Records, Page 161 portion of premises 27. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to For Recorded Affects COAST COUNTIES GAS and ELECTRIC COMPANY, a corporation a single line of poles and wires for distribution of electricity November 9th, 1925 in Book 169 of Official Records, Page 513 portion of premises 28. An easement affecting that portion of said land and tor the purposes stated herein and incidental purposes as provided in the following instrument: Granted to For Recorded Affects COAST COUNTIES GAS and ELECTRIC COMPANY anchors November 18th, 1938 in Book 900 of Official Records, Page 573 portion of premises 29. AGREEMENT FOR: SECURITY AGREEMENT Executed by CITY OF GILROY, A Municipal corporation and ENVIRONMENTAL PROTECTION AGENCY, A Federal governmental agency June 25th, 1981 in Book G174 of Official Records, Page 737 March 10, 1982 in Book G644 of Official Records, page 382 Recorded re-recorded FTGIS 11000 Page ~of ~Pages Policy No. AZ 853912 Page 1 of Schedule C SCHEDULE C The land referred to in this policy is situated in the County of State of California, and is described as follows: Santa Clara, City of Gilroy, PARCEL ONE: THAT PORTION OF LOT NUMBER 2, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF THE SUBDIVISION OF THE PROPERTY OF THOS. REA IN LAS ANIMAS RANCH LOTS NOS 53 AND 54, BEING ALL OF LAS ANIMAS RANCH LOT NO. 53 WITH THE EXECUTION OF-THE SO-CALLED MIGUEL PLACE SOLE BY THOS. REA TO HY MILLER, BY DEED OF APRIL 11, 1887 RECORDED IN BOOK 89 OF DEEDS, PAGE 303, STA C. CO. RDS. AND 12 ACRES OF LAS ANIMAS RANCH LOT NO. 54 SOLD BY MY. MILLER TO THOS. REA BY DEED OF APRIL 11TH, 1887, AND RECORDED IN BOOK 88 OF DEEDS, PAGE 568, SANTA CLARA COUNTY, RECORDS", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 1, 1894 IN VOLUME F, OF MAPS, AT PAGE 2~, DESCRIBED AS FOLLOWS: BEGINNING AT THE COMMON CORNER OF SUB LOTS 1 AND 2 AS SHOWN SAID MAP, AND ON THE LINE BETWEEN LAS ANIMAS RANCH LOTS NOS 53 AND 51; RUNNING THENCE ALONG THE LAST MENTIONED LINE SOUTH 320 15' EAST 10.01 CHAINS TO A 4 x 4 WHITE POST MARKED "R.P.B.B. 2 & 3", WITH IRON BAR DRIVEN ALONG SIDE OF IT AND SET IN SAID RANCH LOT LINE FOR COMMON CORNER FOR SUB LOTS NO.2 AND 3; THENCE ALONG THE LINE BETWEEN SAID SUB. LOTS 2 AND 3, SOUTH 610 53' WEST 45.5 CHAINS, MORE OR LESS, TO THE NORTHEASTERLY LINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE NORTHWESTERLY ALONG THE LAST MENTIONED LINE 19.5 CHAINS, MORE OR LESS, TO THE DIVIDING LINE BETWEEN SAID SUB LOTS 1 AND 2; THENCE NORTHEASTERLY ALONG SAID DIVIDI1.G i.li~E TO THE POINT OF BEGINNING. PARCEL TWO: ALL OF LOTS 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, AND 23, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF EMMA REA-LOUPE SUB. OF LOTS 3 T. EREA SUB", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MAY 6, 1914 IN BOOK "0" OF MAPS, AT PAGE 47. EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS DESCRIBED IN THAT CERTAIN DEED TO THE CITY OF GILROY, A MUNICIPAL CORPORATION, WHICH RECORDED ON MARCH 9, 1979 IN BOOK E333 PAGE 481 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF LOT 23, AS SHOWN ON SAID MAP, AND RUNNING THENCE ALONG THE NORTHEASTERLY LINE OF LOT 23, NORTH 350 12' 2. 1390.62 FEET TO THE MOST NORTHERLY CORNER THEREOF; THENCE ALONG THE NORTHWESTERLY LINE THEREOF S. 540 50' W., 2073.19 FEET TO THE CORNER DESIGNATED TRM AT AN ANGLE POINT IN SAID LINE; THENCE ALONG THE NORTHEASTERLY LINE OF LOT 22 AND THE Page ~of ~Pdges FrCIS 11 DOC Policy No. AZ 853912 Page 2 of Schedule C SCHEDULE C (Continued) . SOUTHERLY PROLONGATION THEREOF S. 320 13' W., 66.26 FEET TO A POINT IN THE NORTHWESTERLY LINE OF LOT 12 AS SHOWN ON SAID MAP; THENCE ALONG THE NORTHWESTERLY LINE OF LOTS LINE OF LOTS 12, 13 AND 14 N. 540 50' E., 950.72 FEET, MORE OR LESS, TO THE MOST NORTHERLY CORNER OF LOT 14; THENCE ALONG THE LINE COMMON TO LOTS 14, 15 AND 23, S. 350 12' E., 1489.55 FEET TO THE SOUTHERLY COMMON CORNER TO LOTS 15 AND 23; THENCE ALONG THE SOUTHEASTERLY LINE OF LOT 23, N. 460 30' E., 1137.84 FEET TO THE POINT OF BEGINNING. PARCEL THREE: ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A 2" x 2" STAKE GUARDED BY A PIPE IN THE FENCE ON THE LINE BETWEEN LOTS 51 AND 53 OF THE LAS ANIMAS RANCHO; SOUTH 320 15' EAST 15.054 CHAINS DISTANT FROM L.A. 15, THE SOUTHERNMOST CORNER OF THE JOHN GILROY PORTION OF THE SAN YSIDRO RANCHO IN THE EASTERN LINE OF THE LAS ANIMAS RANCHO AND RUNNING THENCE ALONG THE LINE BETWEEN LOTS 51 AND 53, SOUTH 320 15' EAST 20.677 CHAINS TO AN OLD 4 x 4 WHITE POST MARKED T.R.M.; THENCE NORTH 540 45' EAST 0.607 CHAINS TO A PIPE IN THE FENCE; THENCE NORTH 320 15' WEST 20.605 CHAINS TO A 2 x 4 STAKE AND PIPE GUARD; THENCE SOUTH 570 45' WEST 0.606 CHAINS TO THE POINT OF BEGINNING. BEING A STRIP 40 FEET WIDE ON THE SOUTH END OF WEST SIDE OF THE 190.45 ACRE TRACT DESIGNATED ON MAP NO. 7 ACCOMPANYING THE FINAL REPORT OF THE REFEREES IN THE PARTITION SUIT OF HENRY MILLER, ET AL, VS. MASSEY THOMAS, ET AL, SUIT NO. 5536, AS rtANCtl LOT NO. 51. PARCEL FOUR: BEING a portion of Lot 1 as shown on "Map of the Subdivision of the property of THOSE REA in Animas Ranch lot 53 and 54", which map is filed for record in Book "F" of Maps at page 24, Records of Santa Clara County, California, and being more particularly described as follows: BEGINNING at a 1 1/4 inch iron pipe at the Easterly common corner to Lots 1 and 2, as shown on said Map, and running thence along the lien common to said Lots S. 720 00' 50" W. 659.33 feet to a buried 1 inch iron pipe; thence leaving said line N. 320 15' W. 1033.44 feet to a buried 1 inch iron pipe in the Northwesterly line of Lot 1; thence along the Northwesterly line of Lot 1 N. 720 00' 50" E. 591.23 feet to a buried 1 inch iron pipe at a Northeasterly corner to Lot 1 as shown on said Map; thence along the Northeasterly line of Lot 1 S. 320 15' E. 232.32 feet to a buried 1 inch iron pipe at an angle point in said line; thence along the Northwesterly line of Lot 1 N. 570 45' E. 66.00 feet to a buried 1 inch iron pipe at a Northeasterly corner to said Lots; Page ~of ~Pages FTCIS 1100C2 Policy No. AZ 853912 Page 3 of Schedule C SCHEDULE C (Continued) thence along the Northeasterly line of Lot 1 S. 320 15' E. 817.90 feet to the point of beginning. PARCEL FIVE: BEGINNING at L.A. 15 the common corner to Ranch Lots 48, 50, and 53 as described in the deed from Roy Rianda to Elsie R. Rush dated March 1, 1962, recorded in the office of the County Recorder, Santa Clara County, California in Book 5501 of Official Records at page 102 therein; THENCE along the line between Ranch Lots 48 and 53 S 720 W 67.98 feet to a corner of said parcel conveyed to Rush; THENCE along the boundary of said parcel conveyed to Rush S 320 15' 232.32 feet and N 720 E 66 feet to the point of intersection with the common line between Ranch Lots 51 and 53. THENCE along said common lines between Ranch Lots 51 and 53, 50, and 53; N. 310 46' 33" W. 231.83 feet to the point of beginning and containing 0.349 acre of land more or less. PARCEL SIX: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL 1, AS SHOWN ON SAID MAP; THENCE ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, N. 580 10' 44" E., 94.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE N. 19058' 25" W., 557.30 FEET; THENCE S. 66046' 50" W., 15.30 FEET; THENCE N. 230 13' 10" W., 822.87 FEET TO THE GENERAL NORTHWESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHWESTERLY LINE, N. 690 11' 14" E., 884.34 FEET; THENCE LEAVING SAID LINE S. 200 50' 28" E., 95.50 FEET TO AN ANGLE POINT IN THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, AS SHOWN ON SAID MAP; THENCE ALONG SAID SOUTHEASTERLY LINE THE FOLLOWING NINE COURSES: S. 200 50' 28" E., 109.23 FEET; S . 66 0 56' 50 " E., 69. 58 FEET; S . 3 5 0 0 5' 30 " E., 2 9 7 . 6 5 FEET; S. 2 5 0 2 5' 50 .. E., 69.27 FEET; S. 310 04' 10" E., 91.93 FEET; S. 600 07' 20" E., 164.64 FEET; S. 040 26' 50" E., 97.41 FEET; S. 550 22' 20" E., 104.96 FEET; AND S. 340 46' 30" E., 149.16 FEET TO THE MOST SOUTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID SOUTHERLY LINE, S. 580 10' 44" W., 1182.44 FEET THE TRUE POINT OF BEGINNING. PARCEL SEVEN: BEGINNING AT THE NORTHWESTERLY CORNER OF THAT "CITY OF GILROY SEWER FARM", AS SHOWN ON A MAP ENTITLED, "RECORD OF SURVEY OF LAS ANIMAS RANCH LOT #51," RECORDED IN BOOK 262 OF MAPS, PAGE 6, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, SAID CORNER BEING S. 320 15' 00" E., 149.16 FEET FROM LA-15 AS SHOWN ON A MAP Page ~of ~Pages FTCIS 1100C2 Policy No. AZ 853912 Page 4 of Schedule C SCHEDULE C (Continued) ENTITLED, "RECORD OF SURVEY IN THE CITY OF GILROY, PORTION OF LOT 1 MAP OF THE SUBDIVISION OF THOMAS REA IN LAS ANIMAS RANCH LOTS 53 AND 54", RECORDED IN BOOK 464 OF MAPS, PAGE 46, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA; THENCE N. 570 47' 00" E., 1970.87 FEET; THENCE S. 32G 15' 00" E., 877.56 FEET; THENCE S. 580 28' 00" W., 936.70 FEET; THENCE S. 360 24' 30" E., 217.22 FEET; THENCE S. 450 43' 00" E., 43.53 FEET; THENCE S. 310 23' 30" E., 599.95 FEET; THENCE N. 640 37' 30" E., 40.57 FEET; THENCE N. 710 05' 00" E., 54.10 FEET; THENCE S. 780 IS' 00" E., 31.56 FEET; THENCE S. 33006' 00" e., 387.33 FEET; THENCE S. 54-046' 35" W., 1134.04 FEET; THENCE N. 32015' 00" W., 1363.59 FEET; THENCE S. 57045' 00" W., 40.00 FEET; THENCE N. 320 15' 00" W., 847.63 FEET MORE OR LESS TO THE POINT OF BEGINNING AND CONTAINING 71.060 ACRES MORE OR LESS. PARCEL EIGHT: BEING A PORTION OF LOT 23 AS SHOWN ON "MAP OF THE EMMA REALOUPE SUBDIVISION", FILED FOR RECORD IN BOOK "0" OF MAPS, AT PAGE 47, RECORDS OF SANTA CLAR.(\ COUNTY, CALIFORNIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNJNG A':.. THE HOST EASTERLY CORNER OF LOT 23 AS SHOWN ON SAID MAP, AND RUNNING THENCE ALONG THE NORTHEASTERLY LINE OF LOT 23, N. 350 12' W., 1390.62 FEET TO THE MOST NORTHERLY CORNER THEREOF; THENCE ALONG THE NORTHWESTERLY LINE THEREOF S. 540 50' W., 2073.19 FEET TO THE CORNER DESIGNATED TRM AT AN ANGLE POINT IN SAID LINE; THENCE ALONG THE NORTHEASTERLY LINE OF LOT 22 AND THE SOUTHERLY PROLONGATION THEREOF S. 320 13' W., 66.26 FEET TO A POINT IN THE NORTHWESTERLY LINE OF LOT 12, AS SHOWN ON SAID MAP; THENCE ALONG THE NORTHWESTERLY LINE OF LOTS 12, 13 AND 14, N. 540 50' EAST 950.72 FEET, MORE OR LESS, TO THE MOST NORTHERLY CORNER OF LOT 14; THENCE ALONG THE LINE COMMON TO LOTS 14, 15 AND 23 S. 350 12' E., 1489.55 FEET TO THE SOUTHERLY COMMON CORNER TO LOTS 15 AND 23; THENCE ALONG THE SOUTHEASTERLY LINE OF LOT 23, N. 460 30' E., 1137.84 FEET TO THE POINT OF BEGINNING. A841-24-23 / A841-29-X / A841-30-5, 6 $ 5.01 / A841-15-3, 4 NI SD/TR/MR Hc \ "t" :,_, 'to n . 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"-- -- -..-- - ,. .'-" xl .' ~ ~ - . . ~~ ~ , ~ :[5 ;~ ~ B 0: ..... .:: "V I ~.... WI"'-= .,. ...,,-1 ..... te .. _.... . ,......,.... -.. ... ",~ @ .~:. .." ~,..ItO" I/VJfrD r CAIll_ .. t I ~ .,. ." " o "'" ~ ".,.- 'r I ! . ~ . . I i I I i l r ! I , f ! i I , I r ! t f (Continued from inside front flap) 7. Limitation of Liability No claim shall arise or be maintainable under this policy (al if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder. by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (bl in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. Reduction of Liability All payments under this policy, except payments made for costs, attomeys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. Liability Noncumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (al a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this pol icy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all. the loss shall be computed and settled on a pro rata bases as if the amount of insurance under this policy was divided pro rata as to the value on Datp nf Pnlirll nf each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said pay- ment bears to the amount of said loss If loss should result from any act of such insured claimant, such act shall not void this policy. but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation, 12. Liability Limited to this Policy This instrument together with all endorsements and other instruments. if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage. whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy No amendment of or endorsement to this policy can be made except by writing endorsed hereon or .attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secre- tary, or validating officer or authorized signatory of the Company 13. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be fumished the Company shall be addressed to its Home Office, Minneapolis, Minnesota 55401. Note. 7his policy valid only if Schedules 4and B are attached. ... ~ MINNESOTA TITL~4 Owners Policy Issued through the Office of. Ulmportant: We appreciate the opportunity to provide you wfth this insurance policy Keep # w#h your valuable documents. Upon resale of your home, sug!Jest to your RealtofS! that he or she use the Minnesota Title agent listed above. It may save money anctexped#e the resale of your home:'