Filice, Mary Kay and McTigue, John Co-Trustees 1985 Filice Revocable Trust et al
EXCLUSIVE EASEMENT
AFTER RECORDING, RETURN TO:
City of Gilroy
7351 Rosanna Street
Gilroy, Ca 95021
DOCUMENT: 16172650
Tit I es : 1 / Pages: 1 1
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:
>>;0016172650:0:
Fees. .* No Fees
Taxes. .
Copies.
AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE tI 011
3/22/2002
10:53 AM
GRANT OF EASEMENT
Mary Kay Filice and John McTigue, Co-trustees of the Marital Deduction Trust under the 1985 Filice
Revocable Trust U/Drr December 17, 1985, as amended October 25,1995, July 6,1998 and July 28,1998,
as to an undivided 876,668/2,730,000 interest;
Mitchell W. Wright and Linda Ann Wright, Trustees of the Wright Family Trust, U/D/f September 9, 1994, as
to an undivided 100,000/2,730,000 interest;
Albert B. Denice, Trustee of the 1995 Albert B. Denice Revocable Trust U/D/f October 5, 1995, as to an
undivided 876,666/2,730,000 interest; and
Ben Denice and Eleanor Denice, Trustees of the Ben and Eleanor Denice Revocable Trust U/D/f December 18,
1995, as to an undivided 876,666/2,730,000 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 EXlDBIT "An attached hereto and made a part hereof and as shown and
delineated on EXlDBIT "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.
Pg. 1
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
resJlective 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 ~ ~ day of ~(j,2002
"Grantors"
BY4~~ cRJL<~-" --'. Grantor
MarY~tT~tee
By:r ,Granror
, Grantor
BY: , Grantor
Pg.2
BY: ~~-
BY: /i'?J==-J
Ben Denice, Trustee
~ ~ / ~t
BY: 'A~1A... ~~.! ~ IV
Ele or Denice, rustee /
, Grantor
7<1hU'r:::.
, Grantor
, Grantor
APPROVED AS TO FORM
~~
Linda Callon, City Attorney
Pg.3
STATE OF CALIFORNIA
County of S8ftta ClaftlSQ, () 'Be~
ALL PURPOSE ACKNOWLEDGMENT
~(lYn .j)~~
On 01- ~ ~ . ,2002 before me;Attie undersigned Notary Public, personally appeared
~ hJ t6'f' 'JI L , Truatee personally known to me ~ pre\'ed te me 6ft the. baais-..of..
sati~f~('tory eY.1dl~to be the person~ whose nam~USlare subscribed to the within instrument and
acknowledged to me that h~ they executed the same in hi~eir authorized capacity(Kes), and that by
hi~/their signatureOO on the instrument the perso~, or the entity upon behalf of which the person(sJ acted,
executed the instrument.
J....-----------
SUSAN M. PAURA
- Commission # 1221991 F
<. Ntay Z
~ 0 Public - CalifaniQ ~
j. San Benito County f
MyCanm. f:lq:i'es t-lay2B.2D3
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STATE OF CALIFORNIA
County of Santa Clara
On cf-&. If
ALL PURPOSE ACKNOWLEDGMENT
-... ,2002 before me, the undersigned Notary Public, personally appeared
, rustee personally known to me (or proved to me on the basis of
satisfactory evidenc to be the on(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/ they executed the same in hislher/their authorized capacity(ies), and that by
hislher/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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Notary Pu ic in and for said State
STATE OF CALIFORNIA.I1_ ,!:\ ALL PURPOSE ACKNOWLEDGMENT
County of ~llJlta Clat1l~ ~ Y1./ /)
.5tUJLlf1 /1/ . I-ila~
On .;;l ~ 0\-5 ~ · , .~before me:ihe undersigned Notary Public, personally appeared
Uar1..() r 1:-,n Je ~ , Trustee personaliL known to me (Of pr6't/~d t& 1'np. on the basis of
satisfactory evldence) to be the person(~ whose name(K)(islare subscribed to the within instrument and
acknowledged to me that h~ they executed the same in hi~eir authorized capacity~), and that by
hisllifMheir signature(t>- on the instrument the person(S), or the entity upon behalf of which the person(&) acted,
executed the instrument.
J....-----------
SUSAN M. PAURA
- Commission # 1221991 F
~ .. Notary Public - Califanla f
~.. Scn aa,ito County ~-
, . . MyComm~fVay28.2:Xl3
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STATE OF CALIFORNIA /J _ +:. ALL PURPOSE ACKNOWLEDGMENT
County of Santa ClnlJL ~ ~ <: .A.,:>' 11
.A ~f7l/7. f/tUL/rrC
On ..;/- ~ . ,2002 before me, the undersigned Notary Public, personally appeared
~ ~ ~ ru1 .-J , Trustee personallL known to me ~ plyved to me on the hMis 6f ~
satisfaGtery EYl-idence) to be the person~ whose name~)~are subscribed to the within instrument and
acknowledged to me thatdidshe/ they executed the same in@ther/their authorized capacity~), and that by
@ter/their signature~ on the instrument the perso~ or the entity upon behalf of which the perso~ acted,
executed the instrument.
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~ Commission # 1221991
~ Nofay Public - California f
i .. San Benito County f
MyCcrnm. ExJ:jesMly2B.2XX3
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STATE OF CALIFORNIA ~ ALL PURPOSE ACKNOWLEDGMENT
County of .oSuma Clara ~fl /)
. ~ ICJAJ /1 Yh.../-t!ut~
On 1ft; ~)}, , .2002 before ~ed Notary Public. per.rooally appeared
tl1. '.f . 'f/7LL/~ , Trustee, personally known to me (w Pf6\"cd to me. Ou tll~ basis-of
s&t1.sfactory cvidefte~ to be the personoo. whose nameOO (fjIare subscribed to the within instrument and
acknowledged to me tha@he/ they executed the same i~er/their authorized capacity~, and that by
~er/their signatureOO_ on the instrument the person~ or the entity upon behalf of which the Perso~) acted,
executed the instrument.
1- -- -- -- -- ;U~~;A~-- -- J
COmmission # 1221991 z
1 Nofay PubflC - California ~
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STATE OF CALlFORN~ -:::</1__ ./,) ALL PURPOSE ACKNOWLEDGMENT
County of &tlla Clara ;;)J(l./...W)tVU/ _ /7
d{-ctI,~ J c;'9.&f1 /h,~
On , I.) L' ' ,J+ ,2002 before me',-~rsigned Notary PUbhc, personally appeared
~e~ tV. K.J r I r ' Trustee, personallY known to me (or pr-G'.'ed tQ me 6ft tile basts..of
3ati3fCl\;lvl] evidence) to be e persones1 whose nameOO G$Vare subscribed to the within instrument and
acknowledged to me tha~he/ they executed the same iI1d!itiher/their authorized capacity(~, and that by
diTS1her/their signatureoo.on the instrument the personoo. or the entity upon behalf of which the person(~acted,
executed the instrument.
1- - a __.k ;~~;A;,:"-I
Commission # 1221991 z
1 Notay Public - California ~
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~~~~ ~~"-~~~ ~ ALL PU~ ACKNOWLEDGMENT
. ~ - (iL,Urt m. 'I-tlLLn<-
On ~ - S ,2002 before meJthe undersigned Notary Public, personally appeared
j() rt , Trustee, personally known to me (or pIoycd te me OR the oasi& of
'~dcnee) to be th~<ki whose nam~)@lare suOOcribed to the within instrument and
acknowledged to me that h~ they executed the same in hi~eir authorized capacity(i~, and that by
hi~eir signature(rton the instrument the person(Jl, or the entity upon behalf of which the person(A..acted,
executed the instrument.
J - - - -. - ;~~;A~- -. F
~ Commission # 1221991
~. Notay PUbfLC - Callfania f
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[- ~~~~~~~f
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fradulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE MUST BE
A TT ACHED TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or type of Document
Number of Pages_ Date of Document
Signers other than Named Above
Pg.6
27302-2
EXHIBIT A
1006-8
1/21/02
DESCRIPTION
PUBLIC UTILITY EASEMENT OVER LANDS OF DENICE, ET AL
TO BE CONVEYED TO THE CITY OF GILROY
PARCEL 27302-2
All that certain real property situate in the City of Gilroy, County of Santa Clara, State of California being
partly a portion of Lot 5 and partly 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 the point of intersection of the easterly line of that certain 43,046 square foot parcel of
land described in the Deed from Kenneth Machado, et al to Mary K. Filice, et ai, recorded October 11,
2001 as Recorder's Document Number 15905718 Santa Clara County Records with the northerly line of
Old Gilroy Road as shown on said map; thence from said POINT OF BEGINNING, along said easterly line
from a tangent bearing of N0047' 38"W along a curve to the left with a radius of 326.750 meters, through a
central angle of 2051 '34" for an arc length of 16.306 meters to the TRUE POINT OF BEGINNING for this
description; thence from said TRUE POINT OF BEGINNING N84035'46"W 72.516 meters; thence along
a tangent curve to the left with a radius of 386.300 meters, through a central angle of 9030' 1 0" for an arc
length of 64.070 meters to a point in the northerly line of that certain parcel of land described in the
Deed from the State of California to the County of Santa Clara recorded August 19, 1968 in Book 8232 of
Official Records at page 470 Santa Clara County Records; thence along said northerly line N22022'45"W
3.158 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 64.070 meters; thence leaving said northerly
line, along said concentric line, from a tangent bearing of N85045' 19"E along a curve to the right with a
radius of 389.300 meters, through a central angle of 3002'53" for an arc length of 20.710 meters; thence
leaving said concentric line Nl 005' IO"W 9.000 meters; thence at right angles, N88054'50"E 1.500 meters;
thence parallel with above said course with a length of 9.000 meters, SI005'IO"E 9.000 meters to the
intersection thereof with said concentric line; thence leaving said parallel line, along said concentric line
and a line parallel with and distant 3.000 meters northerly, measured at right angles, from above said course
with a length of 72.516 meters the following two courses: from a tangent bearing of N8900l '27"E along a
curve to the right with a radius of 389.300 meters, through a central angle of 6022'47" for an arc length of
43.348 meters and S84035'46"E 72.023 meters to the intersection thereof with first said easterly line;
thence leaving said parallel line along said easterly line from a tangent bearing of S4011' 12"E along a
curve to the right with a radius of 326.750 meters, through a central angle of 0031 '59" for an arc length of
3.040 meters to the TRUE POINT OF BEGINNING.
Containing 424.8 square meters, more or less.
Bearings and distances used in the above description 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.
Prepared by the firm. of
Dillon Surveys
Hollister, California
nder my direct supervision
H:\HOME\DILLIRoule 152\Descriplions&Plats\27302\27302.2.doc
Last printed 1/2212002 2:36 PM
Coordlnat... beorln9" and d1.tancee lIhown are
on the CalIfornia CoordInGte .Y8t.... of 1983.
Zone 3. Epoch 1~1.35. Multiply d18tan....
lIhown by 1.0000101 to obtain around .....
dI8tGn..... To convwt metric dI.tan.... to U.
S. Surw feet mult b 3937 200.
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EXHIBITS
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'15905718
Machado, et 01
to Filice, et 01
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PARCEL 2
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PLAT TO ACCOMPANY DESCRIPTION
LANDS Of' DENICE. ET AL
TO BE CONIIEYED TO lHE C1lY Of' GILROY
PARCEl. NO. 27302
CAUfORNIA
DILLON SURVEYS
.JOB NO: 100s-a
Ho\lD4E\lln.L\RlJUTE ~lINSI.PLA~ 01/2312002 u.12>3S AM PST
STATE OF ILLINOIS
ACKNOWLEDGMENT
County of Cook
ALL PURPOSE
On d ~, / ( , 2002 befor~Jy.~the dersigned Notary Public, personally
appeared - ~ ' W I VlA../ r sonally known to me (or
proved to me ahAhe b~is~f satisfactory eviden 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.
WITNESS my hand and official seal
r/~
..
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Mary Kay Filice and John McTigue, Co-trustees of the Marital Deduction Trust under the 1985
Filice Revocable Trust U/D/T December 17, 1985, as amended October 25, 1995, July 6, 1998,
and July 28, 1998, as to an undivided 876,668/2,730,000.00 interest; Mitchell W. Wright and
Linda Ann Wright, Trustees ofthe Wright Family Trust U/D/T September 9, 1994, as to an
undivided 100,000.00/2,730,000.00 interest; Albert B. Denice, Trustee of the 1995 Albert B.
Denice Revocable Trust U/D/T October 5, 1995, as to an undivided 876,667.00/2,730,000.00
interest; and Ben Denice and Eleanor Denice, Trustees of the Ben and Eleanor Denice Revocable
Trust U/D/T December 18, 1995, as to an undivided 876,666.00/2,730,000.00 interest
This is to certifY that the interest in real property conveyed by the grant of easement dated
February 25,2002 from Mary Kay Filice and John McTigue, Co-trustees ofthe Marital
Deduction Trust under the 1985 Filice Revocable Trust U/D/T December 17, 1985, as amended
October 25, 1995, July 6, 1998, and July 28, 1998, as to an undivided 876,668/2,730,000.00
interest; Mitchell W. Wright and Linda Ann Wright, Trustees of the Wright Family Trust U/D/T
September 9, 1994, as to an undivided 100,000.00/2,730,000.00 interest; Albert B. Denice,
Trustee of the 1995 Albert B. Denice Revocable Trust U/D/T October 5, 1995, as to an undivided
876,667.00/2,730,000.00 interest; and Ben Denice and Eleanor Denice, Trustees ofthe Ben and
Eleanor Denice Revocable Trust U/D/T December 18, 1995, as to an undivided
876,666.00/2,730,000.00 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