Denice, Albert B., Trustee of the 1995 Albert B. Denice Revocable Trust et al (2)
1'<"1
l./'r~",^ "
EXCLUSIVE EASEMENT
AFTER RECORDING, RETURN TO:
· City of Gilroy
7351 Rosanna Street
Gilroy, Ca 95021
DOCUMENT: 16172652
\Illllllllltllll
lIE0016172652"
Tit I es:l / Pages: 11
,
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:
Agent:
Fees. 0"* No Fees
Taxes. . 0
Cop i es 0 0
AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Ci ty
RDE # 0 \1
3/22/2002
10:53 AM
GRANT OF EASEMENT
Albert B. Denice, Trustee of the 1995 Albert B. Denice Revocable Trust UlDtr October 5,
1995, as to an undivided interest of 876,667.0012,730,000.00; Ben Denice and Eleanor Denice,
Trustees of the 1995 Ben and Eleanor Denice Revocable Trust UlDtr December 18, 1995, as
to an undivided interest of 876,666.0012,730,000.00; Mitchell W. Wright and Linda Ann
Wright, Trustees of the Wright Famlly Trust UlDtr September 9, 1994, as to an undivided
interest of 100,000.0012,730,000.00.
Mary Kay Filice, Sole Trustee of the Survivor's Trust under the 1985 Filice Revocable Trust
UlDtrl December 17,1985, as amended October 25, 1995, July 6, 1998 and July 28, 1998, as to
an undivided 438,333.5012,730,000.00 interest;
Mary Kay Filice and John McTigue, Co-Trustees of the Marital Deduction Trust under the
1985 Filice Revocable Trust UlDtr December 17,1985, as amended October 25, 1995, July 6,
1998, and July 28, 1998, as to an undivided 438,333.5012,730,000.00 interest, 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 "A>> attached hereto and made a part
hereof and as shown and delineated on EXHIBIT <<B>> 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.
Pg. 1
GnlDtor(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 its negligence or willful misconduct 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.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties
hereto.
Executed this J ~ day of ~ebtu"1 .2002
"Grantors"
By:(J2ir~-
By:f!:72~
. Ben Denice. Trustee
, Grantor
~~~L1~ ;Z
, Grantor
BY:
. Grantor
Eleanor Denice, Trustee
B'l\J?t!/~d~-
Mitchell W. Wright, T stee
7;,__ s i-,<-
,
, Grantor
Pg.2
BYf/
t
~-~"
BY: ~
Mary Kay Fi i . rustee
BY:
-:~(lff~
Mary y.. Ii . Co-Trustee
BY:
APPROVED AS TO F
~
Linda Callon. City Attorney
Pg.3
. Grantor
. Grantor
. Grantor
. Grantor
STATE OF CALIFORNIA ALL PURPOSE
, ACKNOWLEDGMENT ,
C~unty of 8tlfttR Clalll--0tln ~tJ . /J
~'171.~
On ~- ~y;/;, IJ.. ,2002 befQre m~ the undersigned Notary Public, personally
appeared ~.t: V-J. )l()...t1t~ , personally known to me (ffl=-
j')ro\'SQ 19 me 0H tbe h0l9i" of 'latilihct6f) ~videIlce) to be the personOO whose name~<:9/are
subscribed to the within instrument and acknowledged to me tha~she/ they executed the same
in blSther/their authorized capacity(i}(), and that by ~er/their signature(jQ on the instrument
the personO(l, or the entity upon behalf of which the person~ acted, executed the instrument.
'~""-""""""""""'----t
] i1 .co~=- ;~22~991 [
~ Not~ Pu~~ - Cafifomla ~
z -
j. _~~~~E~~l
ST ATE OF CALIFORNIA ALL PURPOSE
ACKNOWLEDGMENT '--::J. . I.)
coun~ O~f &:18C11lftt .;5i;l ~ ,"'Y J.""n Yl1. ila~
On {7"1' -. ~. ,2002 before m~ ~dersigned Notary Public, personally
appeared _ n .J...J2.n I ~ ' personally known to me (eF-
pro"ed to me Otl the basis of gatigfactory cviden€e) to be the personOO whose namejMOl/are
subscribed to the within instrument and acknowledged to me thatQ/she/ they executed the same
in ~her/their authorized capacity(~), and that by ~her/their signatureOO on the instrument
the person~, or the entity upon behalf of which the person(s) acted, executed the instrument.
1 # .... .... ~:= ;~~:l~ I
~ Notary PUbrlC - caIifomia ~
J San Benito Coo. nty -
, MyComm txpre; Way28.:m3
i')."~"'"""V;"~"''''''''''Pl'"'''~''''''''''''''''''?''.;'7''''~:'i'''~~..'' Notary Public in and for said State
ST ATE OF CALIFORNIA ALL PURPOSE
ACKNOWLEDGMENT .~. "" _ I
County of SMttdClala Soln ~ &/
..'<) J) -S- J <:.. II (Yh n /?7. . Jrtft
On c::::>{ ~ AO'-- ,Z.Q02 befgre mefl ~dersigne Notary Public, personally
appeared b,4..L/LfJ[) r ,JJe.,nJ,U j , personally known to me ~
pw;eEl to me 5" till;; basis uf Mt:~fadUlY GvidciIGG) to be the personro. whose namet>x);/are
subscribed to the within instrument and acknowledged to me that h~ they executed the same
in his@Ztheir authorized capacity(~, and that by his(tt'e?ltheir signatureOO on the instrument
the personOi.:}, or the entity upon behalf of which the person~ acted, executed the instrument.
Pg.3
STATE OF CALIFORNIA
. ACKNOWLEDGMENT .
County of SllIIta Cia.' -5a () &ru1u. n
/j ~ .c:; I </J Y1 Yn. ~/JCL
On c;?< -~~.k 1. 11/ ,2002 b)for~ me~.{~ersigned Notary Public, personally
appeared~ /)). If. ~ ' 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
1 :=(~ ii ~ i&nliUL ll"<lIl ilI:flf of which the person( s) acted, executed the instrument.
.. ... .. SUSAN M. PAURA "', /
. -'Commission'l2219l11 z WIT h d d ff' . I 1
~ NQtayPu~IC-Cafifornb ~ my an an 0 lCl se
J . . San Bei1ito County I
~-~~~~~~
ALL PURPOSE
otary Public in and for said State
ALL PURPOSE
STATE OF CALIFORNIA
ACKNOWLEDGMENT 0 h
County of ..&ffita Clfml :5a11 ~ < ./l ,.. ()
V) /). ~n)11(~'~
On eX k~ ,2002 before m.;4 the undersigned Notary Public, personally
appeared Itnn to r-,~ ' personally known to me (Gf-
flIUved to me on lhe La~j:s uf ~tltisfoc~' . ncffto be the person~ whose name~Os/are
subscribed to the within instrument and acknowledged to me that h~/ they executed the same
in his~their authorized capacity(j..k:$), and that by his/~heir signature~ on the instrument
the person~, or the entity upon behalf of which the person(~ acted, executed the instrument.
1.- :=~~:l-l WIT ~Yhandandoffic Isea
l' NQt~ Public - Caflfanb ~
J ~ San Bei1ito County I
M(Ccmm Bq:iesWay28.ZXl3
-...... 'Q\:J '7ii?" ~~""'-IJflIr ~ ~- ... --..... --
STATE OF CALIFORNIA
ACKNOWLEDGMENT 8e1t.l-'YiJ
County Of-COl,tlli Co~ta .jJ;Y1
~/1l,~
On .1- .:J. D ~ ,20~befo!e IJ1eL the undersigned Notary Public, personally
appeared YJ1O-~ ~ r::c..~ . ' personally known to me (.9r
prmrPQ to m@ gJ.l tb@ basis of satisfactory evicl,-w_f:o be the personQiQ whose name(1) G/are
subscribed to the within instrument and acknowledged to me that he~ they executed the same
in his/fla/their authorized capacity~, and that by his/~heir signature($O" on the instrument
the person~ or the entity upon behalf of which the person(~ acted, executed the instrument.
~..-._..-_..-_.-_..-..-..-...-
SUSAN M. PAURA
< Commission # 1221991 ~
~ Notary Public - California ~
.j San Benito County f
MtComrn 8q:mMoy28.zm
~ .... "ti!r" -~~\<<ol"'<aY ~ ~_ .....' "'.-. __
Pg.4
STATE OF CALIFORNIA
. ACKNOWLEDGMENT ~ :1.
C~unty of ~aflta Clttr.r ~ ~
ALL PURPOSE
On ~-~
appeared Ii
~f1mJ21-1fL
rpel the undersigned Notary Public, personally
, personally known to me E6f
to be the person(~ whose name(t) d)/are
subscribed to the within instrument and acknowledged to me that he~ they executed the same
in his~heir authorized capacity(~, and that by his~eir signature(JlQ on the instrument
the person((), or the entity upon behalf of which the person~ acted, executed the instrument.
[---~--~--~-i
SUSAN M. PAURA
~ Commission #: 1221991 z
~ Notary Public - California ~
J ~~ San Be..ito C. oun~ f
M(Canm. ~Way28.2Xl3
~ ~ ~' ~~....-~ ~ ,... ..... --- --
WITNESS my hand and official seal
STATE OF CALIFORNIA ALL PURPOSE
ACKNOWLEDGMENT
County of Santa Clara
~? {(
On ()~. ,2002 bef re ...me, the undersigned Notary Public, personally
appeared~ 4:) I ~ , personally known to me (or
proved t~ baSIS of satisfactory vIdence) 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.
"
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WITNESS my hand and official seal
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ATTENTION NOTARY: Although the information requested below is OPTIONAL, it
could prevent fradulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE MUST BE
ATTACHED TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or type of Document
Number of Pages__ Date of Document
Signers other than Named Above
Pg. 5
27301-2
DIIIBIf I
1006-8
1/21/02
DESCRIPTION
PUBLIC UTILITY EASEMENT OVER LANDS OF DENICE, ET AL TO BE
CONVEYED TO THE CITY OF GILROY
PARCEL 27301-2
All that certain real property situate in the City of Gilroy, County of Santa Clara, State of
California being a portion of Lot 6 as shown on that certain map entitled "Map of the
Subdivision of the Elizabeth H. Martin Tract", which map was filed for record in Book F
of Maps at page 31, 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 a point in the northerly line of that certain certain 2.565 acre parcel of
land described in the deed from Trevis Berry and Catherine Berry, his wife to the State of
California recorded May 9, 1968 in Book 8116 of Official Records at page 460 Santa
Clara County Records; said point bears, along said northerly line S75034'08"W 85.930
meters from the intersection thereof with the southerly line of Parcel 7 as described in the
Relinquishment of Highway Right of Way recorded June 3, 1974 in Book 0926 Of
Official Records at page 683 Santa Clara County Records; thence from said POINT OF
BEGINNING, from a tangent bearing of N62053' 11"E along a curve to the right with a
radius of 386.300 meters, through a central angle of 9027'58" for an arc length of 63.823
meters to a point in said southerly line; thence along said southerly line N82049'03"W
7.020 meters to the intersection thereof with a line concentric with and distant 3.000
meters northerly, measured radially, from above said course with a length of 63.823
meters; thence leaving said southerly line, along said concentric line, from a tangent
bearing of S71 024'53"W along a curve to the left with a radius of 389.300 meters,
through a central angle of 10021 '38" for an arc length of 70.396 meters to the intersection
thereof with said northerly line; thence leaving said concentric line, along said northerly
line, N 75034'08"E 12.758 meters to the POINT OF BEGINNING.
Containing 201.7 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.
7::07/12e or under my direct sup~;;~
licensed land surveyor
, -,
Prepared by the firm of
Dillon Surveys
Hollister, California
H:\HOMEIDILLIRoute 152\Descriptions&Platsl2730 1 12730 1 -2.doc
Last printed 112212002 2: 19 PM
Coord1nat... beor1nga and c11ltCll\C<lll ohown oro
on the Callfomkl Co<<d1nato l)'It... of 1 DllJ,
ZoM 3, Epoch fDD1.J5. Multiply dlotCll\C<lll
ohawn by 1.00001 01 N obtain vround Iewl
cIIotan..... To can~ metric cllltanceo to U.
S. Surw felt multlpl b JDJ7 200.
EXHIBIT B
R3 386 M 14
MARTIN
F 31
841-10-043
DENICE. ET AL
-',- .. "~...~.,,-y
~.
PLA T TO ACCOMPANY DESCRIPTION
LANDS Of DENICE. ET AL
10 BE CONVEYED 10 lHE CllY Of GILROY
PARCEL NO. 27301
GILROY
CAUFORNIA
'\ \
0 20 .. 40 10
I . I I I
I I I I I
0 40 10 III! 120 110 100
SCALE
..
.....
DILLON SURVEYS
JOB NO: 1001-II
",~\RlIUTE 1S2\IlESCRIPT1ITS\27301\27301JMi OIleV2OO2 Uo2021 AM PST
STATE OF ILLINOIS
ACKNOWLEDGMENT
County of Cook
ALL PURPOSE
On of~ , II ,2002 before m th~ undersigned Notary Public, personally
appeared ~ W t - personally known to me (or
proved to m on the basIS ofsatlsfactory eVI nce) 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/they
signature(s)on the instrument the person(s), or the entity upon behalf of which the
person( s) acted, executed the instrument.
"',-
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WITNESS my hand and official seal
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CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Albert B. Denice, Trustee of the 1995 Albert B. Denice Revocable Trust D/D/T October 5, 1995,
as to an undivided interest of 876,667.00/2,730,000.00; Ben Denice and Eleanor Denice, Trustees
of the 1995 Ben and Eleanor Denice Revocable Trust D/D/T December 18, 1995, as to an
undivided interest of 876,666.00/2,730,000.00; Mitchell W. Wright and Linda Ann Wright,
Trustees of the Wright Family Trust D/DIT September 9, 1994, as to an undivided interest of
100,000.00/2,730,000.00; Mary Kay Filice, Sole Trustee of the Survivor's Trust under the 1985
Filice Revocable Trust D/D/T December 17, 1985, as amended October 25, 1995, July 6, 1998
and July 28, 1998, as to an undivided 438,333.50/2,730,000.00 interest; Mary Kay Filice and John
McTigue, Co-Trustees of the Marital Deduction Trust under the 1985 Filice Revocable Trust
D/D/T December 17, 1985, as amended October 25, 1995, July 6, 1998, and July 28, 1998, as to
an undivided 438,333.50/2,730,000.00 interest
This is to certifY that the interest in real property conveyed by the grant of easement dated
February 25,2002 from Albert B. Denice, Trustee of the 1995 Albert B. Denice Revocable Trust
D/D/T October 5, 1995, as to an undivided interest of 876,667.00/2,730,000.00; Ben Denice and
Eleanor Denice, Trustees of the 1995 Ben and Eleanor Denice Revocable Trust D/D/T December
18, 1995, as to an undivided interest of 876,666.00/2,730,000.00; Mitchell W. Wright and Linda
Ann Wright, Trustees of the Wright Family Trust D/D/T September 9, 1994, as to an undivided
interest of 100,000.00/2,730,000.00; Mary Kay Filice, Sole Trustee of the Survivor's Trust under
the 1985 Filice Revocable Trust D/D/T December 17, 1985, as amended October 25, 1995, July
6, 1998 and July 28, 1998, as to an undivided 438,333.50/2,730,000.00 interest; Mary Kay Filice
and John McTigue, Co-Trustees of the Marital Deduction Trust under the 1985 Filice Revocable
Trust D/D/T December 17, 1985, as amended October 25, 1995, July 6, 1998, and July 28, 1998,
as to an undivided 438,333.50/2,730,000.00 interest, 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 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 March 19, 2002.
I:\CTYCLERK\FORMS\ACCEPT ANCE.DOC