Howson, Frances M., et al
.
~ECORDING REQUESTED BY /9n/~ I'J', ~
CHICAGO TITLE COMPANY "j. '/6
r
AND WHEN RECORDED MAIL TO
~ity of Gilroy ~
Attn: Administration
7351 Rosanna Street
Gilroy, Ca 95020
DOCUMENT: 14735619 Tit I es: 1 / Pages: 5
I UII" 11"" III I Fees, 19,00
Taxes, , 546,15
-0014735619_ Cop i es, ,
AMT PAID 565,15
BRENDA DAVIS RDE ** 007
SANTA CLARA COUNTY RECORDER 4/05/1999
Recorded at the request of 8:00 AM
Chicago Title
L
_J
Escrow No. 791607 - JW
Order No. 791607 - vw
SPACE ABOVE THIS LINE FOR RECORDER'S USE
<jtJ<g -0 / -o/cj GRANT DEED
TIlE UNDERSIGNED GRANTOR(S) DECIARE(S)
DOCUMENfARY TRANSFER TAX IS $ 546 . 15
D unincorporated area [K] City of GILROY
[K] 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 CONSIDERATION, receipt of which is hereby acknowledged,
FRANCES M. HOWSON AND ROBERTA HUGHAN, TRUSTEES OF THE MARSHA KEARY TRUST DATED MARCH
I, 1971, AND AMENDED MAY 27, 1976, FRANCES M. HOWSON AND ROBERTA HUGHAN, TRUSTEES OF
THE ROBERTA HUGHAN TRUST DATED MARCH I, 1971, AND AMENDED MAY 27,1976, AND FRANCES M.
HOWSON. _ANIL ~RTA. HUGRAN, TRUSTEES OF THE RONALD HOWSON TRUST DATED MAR. 1, 1971,
and AMENDED 27, 1976
hereby GRANT S to
CITY OF GILROY, a municipal corporation
the following described real property in the
County of SANTA CLARA
All that certain Real Property in
California, described as follows:
Ci ty of GILPOY
, State of California:
the City of Gilroy, County of Santa Clara, State of
All of Parcel 3, 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 December 8, 1989 in Book 608 of Maps at Page 8.
Dated March 25, 1999
STATE OF CALIFORNIA
COUNTYOF ~NTn
On MARCH .~i 1999
'\;...~ U. :'0. '-:1'_
a Notary Publili-i and for said County and State, personally appeared
ROBERTA HUGHAN, TRUSTEE
} SS.
before me,
~~~
~~.e-
per30nally kl'l6..n t15 n,a (or proved to me on the basis of satisfactory
evidence) to be the person~ whose name~ ~~ubscribed to the
within instrume~t and acknowledged to me that h~J>/they-executed the
same in hislfigbjtITeiT authorized capacity(~, and that by hiailf~tReif
signature~ on the instrument the personfilt or the entity upon behalf of
which the personl?f acted, executed the instrument.
THE MARSHA
WITNESS my hand and ,official seal.
LESLIE A. YORSTON il
Comm. # 1099988 <
~ ~ · NOTARY PUBLIC. CALFORNlA ]<
a. SacOOllllto CIllI1Iy
'T I "'" My Comm. Expim .knt 6, 2000 ~
.......J .:o--'\c,. l:. . ~XJ' :r ... ~ -v- V" 'V' "V' ....,. "V'....,. ..., ..., ...,......,. ~,
Date My Commission Expires FOR NOTARY SEAL OR STAMP
ON FOllOWING LINE: IF NO PARTY SO SHOWN, MAil AS DIRECTED ABOVE
(
Name
Street Address
City, State & Zip
GD1 --05/30/97bk
-~
~~U~~~~,~U~~
FRANCES M. HOWSON TRUSTEE OF
/~
L0~th\,
FRANCES M. HOWSON,
ilL
THE RONALD HOWSON TRUST
~-w 5'f)1" IT t
TRUSTEE OF THE ROBERTA HUGHAN TRUST
"-j'
~~~ ;J/f). )k~'TTE:.
IF CES M. HOWSON, TRUSTEE OF THE MARSHA KEARY TRUST
THIS DEED IS BEING RECORDED CONCURRENTLY WITH A GRANT DEED EXECUTED BY RONALD
HOWSON, TRUSTEE OF THE ABOVE REFERENCED TRUSTS.
STATE OF CALIFORNIA }
}
COUNTY OF SANTA CLARA
On Apyil 2,,1999 before me, Janet K. Wallace, a Notary Public in and for said
State, personally appeared Frances M. Howson, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s} whose name(s}
i~re subscribed to the within instrum~nt and acknowledged to me that
~elcs~eYth~y e:~~ute~ th~ same in his/~t?eir authorized capacity(ies}, and
tha~~y hls/h~r{fthelr slgnature(s} on the lnstrument the person(s}, or the
entity upon~e~!f of which the person(s} acted, executed the instrument.
..",,,,,-~"
f'"""-
.-l.
'-"""-'~"~:_::"'A._:__A_'__"__" _ J>._.'~
.lANET K, WAlLft:CE' ;
Cornm, # 1144384 -...
(n
\':i~ ;,\f:V Ci"Sl :':~ ~"J
..'"
Ii
\.i
, RECORDING REQUESTED BY
CHICAGO TITLE COMPANY
AND WHEN RECORDED MAIL TO
r- ~
L
_J
Escrow No. 791607 - JW
Order No. 791607 - vw
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DEClARE(S)
DOCUMENTARY TRANSFER TAX IS $
D unincorporated area [K] City of GILROY
IX] 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 CONSIDERATION, receipt of which is hereby acknowledged,
RONALD HOWSON, TRUSTEE OF THE MARSHA KEARY TRUST DATED MARCH :f, 1971, AND AMENDED MAY
27, 1976, AND RONALD HOWSON, TRUSTEE OF THE ROBERTA HUGHAN TRUST DATED MARCH 1, 1971,
AND AMENDED MAY 27,1976, AND RONALD HOWSON, TRUSTEE OF THE RONALD HOWSON TRUST DATED
MARCH 1, 1971, AND AMENDED MAY 27, 1976
hereby GRANT(S) to
CITY OF GILROY
a Municipal Corporation
the following described real property in the
County of SANTA CLARA
All that certain Real Property in
California, described as follows:
Ci ty of GILROY
, State of California:
the City of Gilroy, County of Santa Clara, State of
All of Parcel 3, as shown upon
filed for record in the Office
California on December 8, 1989
Dated November 7, 1998
that certain Map entitled, "Parcel Map", which Map was
of the Recorder of the County of Santa Clara, State of
in Book 608 of Maps at pa9L
-Y~M ~
RONALD HOWSON TRUSTEE OF THE RONALD
} 55. HOWSON. TRUST 4
before me, /.;:7
-/k~~
~
Santo Domingo, Dom. Rep.
Novemner ~j, l~~~
-tHe;- u IIJ,J){;; f\. s.rG f\J(t,] .
a Notary Public in and for said County and State, personally appeared
RONALD HOWSON, TRUSTEE
RO~ALD OWSON TRUSTEE
personally known to me (or proved to me on the basis of satisfactory ~~ TRUST ~ /
evidence) to be the p'e!'s(')~(s) whose name(s) is/are subscribed to the 7A 7!Ctz~
within instrumer:lt and acknoWledged to me that he/she/they executed the~, tt-o/
same in his/~er/their authorized capacity(ies), and that by his/her/their KONALD HOWSON TRUSTEE
signature(s) on the instrument the porson(s), or the entity upon behalf of KEAHY TRUST
which the person(s) acted, execute'd the' trument.
On
OF THE ROBERTA
OF THE MARSHA
~~, It does not expire.
onsull.A~- Date My Commission Expires FOR NOTARY SEAL OR STAMP
WN ON FOLLOWING LINE: IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE
Name
Street Address
City, State & Zip
GD1 --05/30/97bk
THIS GRANT DEED IS GIVEN AND ACCEPTED IN COMPLIANCE AND FOR COMPLETION OF THAT
CERTAIN AGREEMENT TO SELL AND CONVEY LAND EXECTUED BY THE PARTIES HERETO, AND
RECORDED ON OCTOBER 24, 1998 AS INSTRUMENT 14444424, SANTA CLARA COUNTY, STATE
OF CALIFORNIA.
DEED ACCEPTANCE BY CITY OF GILROY
This is to certify that the interest in real property conveyed by the Deed dated ~3 --29 '- 9 r <f-;I/- ;z3--1 Qi.-.
1999, from Frances M. Howson, Ronald Howson and Roberta Hughan, Co-Trustees of the rj-;J-99
Marsha Keahy Trust under that certain Declaration of Trust dated March 1, 1971, and amended
May 27, 1976; Frances M. Howson, Ronald Howson and Roberta Hughan, Co-Trustees of the
Roberta Hughan Trust under that certain Declaration of Trust dated March 1, 1971, as amended
May 27, 1976; and Frances M. Howson, Ronald Howson and Roberta Hughan, Co-Trustees of
the Ronald Howson Trust under that certain Declaration of Trust dated March 1, 1971, and
amended May 27, 1976, to the City of Gilroy, a municipal corporation, is hereby accepted by the
undersigned officer on behalf of the City of Gilroy under authority conferred by resolution of the
Gilroy City Council adopted on December 6, 1993, and the ee c ordation of the
Deed by its duly authorized officer.
Date: ~
WMW\434706.01
84-012604706041
-1-
SCHEDULE A
Your Ref:
Policy No: 791607 VW
Premium: $1,688.04
Amount ofInsurance: $496,240.00
Date of Policy: April 5, 1999
at 8: 00 A. M .
1. Name ofInsured:
City of Gilroy, A Municipal Corporation
2. The estate or interest in the land which is covered by this policy is:
A FEE
3. Title to the estate or interest in the land is vested in:
City of Gilroy, A Municipal Corporation
4. The land referred to in this policy is situated in the State of California, County of SANTA CLARA
and is described as follows:
All that certain Real Property in the City of Gilroy, County of Santa Clara, State
of California, described as follows:
All of Parcel 3, 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 December 8, 1989 in Book 608 of Maps at Page 8.
This Policy valid only if Schedule B is attached.
ALTAOPA-9/13/9Hrc
SCHEDULE B
Policy No.
Your Ref:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
X 1. Taxes for the fiscal year 1999-2000, a lien not yet due or payable.
c 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the
provisions of Chapter 3.5, (commencing with Section 75) of the Revenue
and Taxation Code of the State of California.
o 3. possible effect of the water rights and Right-of-Way to lay water pipes
or aqueducts across the premises, as granted to D.S.K. Buick and Donald
McKenzie, by Deed dated September, 1870 and recorded March 2, 1871 in
Book 21 of Deeds, at Page 165.
From the language contained in the above Deed it is impossible to
ascertain whether or not said Right-of-Way actually traverses premises.
E 4. An easement affecting the portion of said land and for the purposes
stated herein, and incidental purposes,
In Favor Of:
For:
City of Gilroy, A Municipal Corporation
Right of to construct, erect, maintain, operate,
repair and renew a levy bulkhead and/or other flood
control structures
February 8, 1939 in Book 917 at Page 249 Official
Records
As follows:
Recorded:
Affects:
Beginning at the Southwesterly corner of Lot 2 of the Subdivision of the
lands of S.P. Fine, as same is shown on Map of said Subdivision recorded
in Volume F2 of Maps, at Page 46 and running thence along the Westerly
line of said Lot 2, North 4 deg 30' East a distance of 1092 feet; thence
South 85 deg 30' East a distance of 12 feet; thence South 4 deg 30' West
a distance of 175 feet; thence South 77 deg 14' East a distance of 326.12
feet; thence South 42 deg 54' East a distance of 82.20 feet to the
Easterly line of Lot 2; thence along the Easterly line of said Lot 2,
South 4 deg 30' West a distance of 805.84 feet to the Southeast corner
thereof; thence along the Southerly line of said Lot 2, North 86 deg 45'
West a distance of 395.34 feet to the Point of Beginning, being a portion
of said Lot 2.
G 5. The fact that the ownership of said land does not include any right of
ingress or egress to or from the highway contiguous thereto, said rights
having been relinquished by deed
From:
To:
Recorded:
Howson's Incorporated, a Corporation
County of Santa Clara
August 28, 1970 in Book 9036 at Page 717 of
Official Records
ALTAOPB1-11/12/91.lrc
Page
1
SCHEDULE B
(Continued)
Policy No.
791607
vw
Except:
As follows:
1. Over and across an opening to provide access to and from Santa Teresa
Expressway, the centerline of which opening shall be determined from a point
in the Easterly Right-of-Way line of Santa Teresa Expressway, said center
point being 190.00 feet; Northerly from the Southerly terminus of that
certain line which bears North 4 deg 56' 15" East and has a distance of
1581.67 feet as shown upon that Record of Survey filed in Book 264 of Maps
at Page 26 in the Office of the Recorder of the County of Santa Clara,
California, which opening shall not be less than 110 feet in width, and
shall be only of such additional width as to accommodate any right of way,
together with the returns and tapers necessary to transition to and from
said expressway as mayor shall be required by any duly constituted
authority having jurisdiction thereof.
H 6. An easement affecting the portion of said land and for the purposes stated
herein, and incidental purposes,
In Favor Of:
Santa Clara Valley Water District, a public
corporation
Water management and/or storm water drainage purposes
February 29, 1988 in Book K457 at Page 1686 Official
Records
As follows:
For:
Recorded:
Affects:
Being a portion of the lands described in the Deed recorded in Book H194 of
Official Records, at Page 681 in the Office of the Recorder, County of Santa
Clara, State of California, to wit:
Beginning at the Southeasterly corner of said lands as described in said
Deed:
thence along the Southerly line of said lands, N 86 deg 37' 22" W. 195.27
feet to the general Westerly line of said lands; thence along said line, N
04 deg 56' 15" E 415.55 feet; thence leaving said line, S 64 deg 47' 49" E
205.40 feet to the Easterly line of said lands; thence along the said line,
S 04 deg 30' 48" W 339.10 feet to the Point of Beginning.
Containing 1.679 acres of land, more or less.
7. An easement affecting the portion of said land and for the purposes stated
herein, and incidental purposes,
In Favor Of:
Santa Clara Valley Water District, a public
corporation
Perpetual right, power, privilege and easement
occasionally to overflow, flood and submerge the land
February 29, 1988 in Book K457 at Page 1694 Official
For:
Recorded:
SCHEDBC-02j26j92-lrc
Page
2
SCHEDULE B
(Continued)
-
Policy No.
791607
vw
Affects:
Records
As follows:
Being a portion of the lands described in the Deed recorded in Book H194 of
Official Records, at Page 681, the Office of the Recorder, County of Santa
Clara, State of California, to wit:
Beginning at the Southeasterly corner of said lands as described in said
Deed:
thence along the Easterly line of said lands, N 04 deg 30' 48" E. 339.10
feet to the True Point of Beginning; thence leaving said line, N 64 deg 47'
49" W. 205.40 feet to the general Westerly line of Said Land; thence along
said line N. 64 deg 47' 49" W 138.39 feet; thence continuing along said
line, N 04 deg 56' 15" E 317.52 feet thence leaving said line, along a
tangent curve to the right, having a radius of 40.00 feet, through a central
angle of 89 deg 34' 56", for an arc distance of 62.54 feet; thence S. 85 deg
28' 49" E. 189.37 feet; thence along a tangent curve to the right, having a
radius of 40.00 feet, through a central angle of 90 deg 00' 00", for an arc
distance of 62.83 feet; thence S 04 deg 31' 11'1 W 156.63 feet; thence along
a tangent curve to the left, having a radius of 300.00 feet; through a
central angle of 33 deg 32' 05", for an arc distance of 175.59 feet to the
aforesaid Easterly line of Said Land; thence along said line S. 04 deg 30'
48" W 116.28 feet to the True Point of Beginning.
Containing 2.705 acres of land, more or less.
u 8. ANY RIGHTS, INTERESTS, OR CLAIMS ADVERSE TO THOSE OF THE VESTEE HEREIN WHICH
MAY EXITS OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON A SURVEY PLAT
ENTITLED "ALTA/ACSM LAND TITLE SURVEY LANDS OF F HOWSON & R HUGHAN,
CO-TRUSTEES", PREPARED BY HANNA & BRUNETTI, JOB NO. 99004:
A) THE FACT THAT UNDERGROUND ELECTRICAL LINES AND AN ELECTRIC BOX EXIST
ALONG THE NORTHERLY PORTION OF LAND AS SHOWN ON SAID SURVEY.
B) THE FACT THAT A CHAIN LINK FENCE EXISTS ALONG A PORTION OF THE WESTERLY
BOUNDARY LYING PARTIALLY WITHIN THE PROPERTY LYING WESTERLY OF THE WESTERLY
BOUNDARY AND ACROSS THE SOUTHERLY PORTION EXTENDING FROM THE WESTERLY
BOUNDARY TO THE EASTERLY BOUNDARY AS SHOWN ON SAID SURVEY.
C) THE FACT THAT CONCRETE WING WALLS AND HEAD WALLS EXIST IN VARIOUS
LOCATIONS AS SHOWN ON SAID SURVEY. NOTE: OTHER STRUCTURES MAY LAY HIDDEN IN
EXISTING THICK FOILIAGE/TALL GRASS.
D) THE FACT THAT A POSSIBLE OLD WELL SITE WITH STEEL BOLLARD EXIST WITHING
THE SOUTHERLY PORTION AS SHOWN ON SAID SURVEY.
E) THE FACT THAT CABLE FENCE WITH WOOD POSTS EXIST ALONG A PORTION OF THE
EASTERLY PORTION LYING PARTIALLY WITHIN THE PROEPRTY EASTERLY OF THE
SCHEDBC-02/26/92-lrc
Page 3
SCHEDULE B
(Continued)
,
Policy No.
791607
vw
EASTERLY BOUNDARY AS SHOWN ON SAID SURVEY.
v 9. THIS IS A PROFORMA POLICY FURNISHED TO OR ON BEHALF OF THE PARTY TO BE
INSURED. IT NEITHER REFLECTS THE PRESENT STATUS OR TITLE, NOR IS IT
INTENDED TO BE A CMMMITMENT TO INSURE. THE INCLUSION OF ENDORSEMENTS AS
PART OF THE PRO FORMA POLICY IN NO WAY EVIDENCES THE WILLINGNESS OF THIS
COMPANY TO PROVIDE ANY AFFIRMATIVE COVERAGE SHOWN THEREIN. THERE ARE
REQUIREMENT WHICH MUST BE MET BEFORE A FINAL POLICY CAN BE ISSUED IN THE
SAME FORM AS THIS PRO FORMA POLICY. A COMMITMENT TO INSURE SETTING FORTH
THESE REQUIREMENTS SHOULD BE OBTAINED FROM THIS COMPANY.
w VW / cg
SCHEDBC-02/26/92-lrc
ENDORSEMENT
Attached to and forming a part of
Policy No.
791607 - vw
Issued by
CHICAGO TITLE INSURANCE COMPANY
The Company hereby insures the insured against loss or damage which the insured shall sustain by
reason of the failure of the land to abut upon a physically open street known as :
WAS PARK DRIVE
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and
of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and
provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any
prior endorsements, nor does it increase the face amount thereof.
Dated: April 5, 1999
CHICAGO TITLE INSURANCE COMPANY
Jt!Ml~d ~
By:
Authorized Signatory
CLTA Form 103.7 (Rev. 6-14-96)
ALTA or CLTA - Owner or Lender
EN1037 --02/17/98bk
ENDQRSE~ENT
Attached to and forming a part of
Policy No.
791607
vw
Issued by
CHICAGO TITLE INSURANCE COMPANY
The Company hereby insures the insured against loss or damage which the insured shall sustain by reason
of the failure of the land to be the same as that delineated on the plat of a survey made by HANNA & BRUNETTI, JOB
NO. 99004
on JANUARY 28, 1999 , designated Job No. 99004
hereto and made a part hereof.
, a copy of which is attached
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and
of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and
provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior
endorsements, nor does it increase the face amount thereof.
Dated: April 5, 1999
CHICAGO TITLE INSURANCE COMPANY
By:
xlmd7d ~
Authorized Signatory
CLTA Form 116.1
ALTA or CLTA - Owner
EN1161 --06/15/9Sbk