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ConAgra Foods, Inc. 02/ EXCLUSIVE EASEMENT AFTER RECORDING, RETURN TO: City of Gilroy 7351 Rosanna Street Gilroy, Ca 95021 DOCUMENT: 16172647 Titles: 1 / Pages: 6 Location: Highway 152, County of Santa Clara Document Transfer Tax $ ( )Computed on Full Value of Property Conveyed, or ( )Computed an Full Value Less liens & Encumbrances Remaining at Time of Sale ( )Consideration of Value Less Than $100.00 Signature of declarant or agent determining tax: 11111111111111111 ~ ~ ;oi131316172647;oi Fees. .+ No Fees Taxes. Copies. AMT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE ** 011 3/22/2002 10:53 AM Agent: GRANT OF EASEMENT ConAgra Foods, Inc., a Delaware Corporation, f/kla ConAgra, Inc., hereinafter referred to as <<Grantor(s)", hereby grant(s) to the City of Gilroy, a public body of the State of California, <<hereafter referred to as "Grantee(s)", an easement for public utility purposes and incidents thereto under, upon, over and across that certain real property in the County of Santa Clara, State of California, as described on EXHIBIT <<An attached hereto and made a part hereof and as shown and delineated on EXHIBIT <<Bn also attached hereto and made a part hereof. The legal description was prepared pursuant to Section 8730c of the Business and Professions Code. ------- Grantor(s) also grant(s) to Grantee(s) the right to cut, fill or otherwise change the grade of said property and to place such drainage and retaining structures thereon, as Grantee(s) may elect for the protection of said facilities. Grantor(s) also grant(s) the Grantee(s) the right to receive municipal service and commercial power service from the appropriate utility company serving the area, together with the right for such utility company to place its respective service facilities upon and within said easement. Grantee(s) shall be responsible for damage caused intentionally or by the negligence or willful misconduct of Grantee(s), its employees, agents, or contractors while exercising the rights granted herein. Grantee(s) shall indemnify and hold Grantor(s) harmless from and against damage to any property(ies) arising out of the installation, maintenance and repair of Grantee(s) facilities in said easement, except where such damage is caused by the active negligence or willful misconduct of Grantor(s), or Grantor's agents or employees. Pg. 1 The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Executed. this \ ;2.~ day of M.~tt(.4-I ,2002 "Grantor" VlC! PAESlDENT REAL ESTATE & FAC" .....~.. Grantor c., a Delaware Corporation APPROVED AS TO FORM y~~ Linda Callon, City Attorney Pg.2 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT / :~~:fOf J/:1::t: ~ On ;ill! iZ"h 1d,~,p0e! ~ before me, L.I(t!j/t /1 2.tr rl );(J~r./;:,j/.c DATE . I.. . NAME, TITLE ~ OFFICER - E.G., 'JANE dOE, NOTARY puBliC" personally appeared ~117eS ({ iId '/ /,.t , NAME(S) OF SIGNEP((S) ~. personally known to me - OR - 0 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 ac- knowledged 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. 6ENERAI. NOTARY-Stall 01 Nebraslla A Ii&:l LUCILLE M. REESE ~ My comm. bIl.'" 21. 2004 I . WITN ESS my hand and official seal. -'~6~~ ~1/~ / SIGNATURE OF NOTARY - OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL }81. CORPORA:\E OFFICER .;y_ f/;(!/ /-f;tM/11 ()Yjl,l:rMl6s,f;,1- :- TiTi]i(S) ;;'6%17 e-J o PARTNER(S) 0 LIMITED o GENERAL DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME~RiORE~S) ~ V7 Y2( Vd..r. "J-/1{l. / SIGNER(S) OTHER THAN NAMED ABOVE 27319-1 EXHIBIT A 1006-8 1/22/02 DESCRIPTION PUBLIC UTILITY EASEMENT OVER LANDS OF CONAGRA TO BE CONVEYED TO THE CITY OF GILROY PARCEL 27319-1 All that certain real property situate in the City of Gilroy, County of Santa Clara, State of California being a portion of Parcel Three as shown on that certain Record of Survey filed for record in Book 69 of Maps at page 23, Santa Clara County Records described as follows: An EASEMENT for public utility purposes and incidents thereto under, upon, over and across that certain real property described as follows: BEGINNING at the northwest comer of said Parcel Three; thence from said POINT OF BEGINNING along the northerly line of said Parcel Three S78052'08"E 15.270 meters; thence leaving said northerly line S88000'58"W 15.425 meters to a point in the westerly line of said Parcel Three; thence along said westerly line N7005'31 "E 3.509 meters to the POINT OF BEGINNING. Containing 26.7 square meters, more or less Bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 3, Epoch 1991.35. Multiply distances shown by 1.0000101 to obtain ground level distances. Multiply by 3937/1200 to convert to U.S. Survey Feet. licensed land surveyor I Jz,~ fw I date Prepared by the firm of Dillon Surveys Hollister, California H:\HOME\DILLIRoule 152\Descriplions&Plals\27319\27319-1.doc Las. prin.ed 1I2~12002 8:48 AM I Co<<dlnatM. be<<ln98 and dhIt_ Ihown en an the CaIlfomIo CoordlnGte .~tllTl of 1983, lone J, Epoch ~1l91.J5. IoIuttlply cllatancea ahown by 1.0000101 to obtok! ciround Iewl dhItan..... To convwt melrlc d1atoncea to U. S. Surw. feet ,nult b 3937 200. EXHIBIT B N 82.49'0.3" W -.........;~~ 2 7'--..:::::::::- ~"'.-... + ocr .'~ PLOWE'D '~'-----........... -- -- --. ~~-....... ~- ---. ---'~""""'-'" ~ ~-~~ ---- ---- --~"---_v .__.--".,<~:-:::::::~::::;::::::'.:: ^ ~. --" ----- ::I..L.J .- E -I") Q:) ll)~ 0.- f..,. .- o~ z 27319-1 PUE ~~._.__._-- 1--~ ~ 0> o 'j{'. .~ ~~" % 4- AS (69 JvJ 23 , f?ARCEL ( Th-JRE E , 'l ' '- , - Pip ii) \ 1.::, \ , , \ \ \ \ \ DIRE' Po I 27319 I 841-17-005 CONAGRA DETAIL PLAT TO ACCOMPANY DESCRIPTION PUBUC UllUlY EASEMENT OVER LANDS OF CONAGRA TO BE CONVEYED TO THE CllY OF GILROY PARCEl.. 27319-1 GILROY CAUF'ORNIA 0 10 IImI 20 9Il I . I . . I I I I I 0 20 1IO 11II' eo eo 100 SCALE ., DILLON SURVEYS JOB NO: laos-II DAlE: 1 Ho~n.L \RDJTE ISNlESCIUPTllINSLPLATS\27319\27319.1l\o1G 01123/2002 08049048 Nt PST CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by ConAgra Foods, Inc., a Delaware Corporation, f7k/a ConAgra, Inc. This is to certify that the interest in real property conveyed by the grant of easement dated March 12,2002 from ConAgra Foods, Inc., a Delaware Corporation, f/kla ConAgra, Inc., 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. 99-90 ofthe 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 March 19,2002. I:\CTYCLEIU..\FORMS\ACCEPT ANCE.DOC