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Machado, Kenneth et al (2) I EXCLUSIVE EASEMENT AFTER RECORDING, RETURN TO: " City of Gilroy 7351 Rosanna Street Gilroy. Ca 95021 DOCUMENT: 16172653 Titles: 1/ Pages: 8 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: 1111111111111111 lIt001617265311t Fees. .* No Fees Taxes. Copies. AMT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City ROE ** 011 3/22/2002 10:53 AM GRANT OF EASEMENT Kenneth Machado, an undivided 6154 interest; Jeanette Machado, an undivided 6154 interest; Kenneth John Machado, II, an undivided 7/54 interest; Robert Alan Machado, an undivided 7/54 interest; and John Bryan Machado, an undivided 7/54 interest; Terri Lynn Machado, an undivided 7/54 interest; Cheryl Ann Machado, an undivided 7/54 interest and James Donald Machado, an undivided 7/54 interest, Grantor(s). hereby grant(s) to the City of Gilroy. a public body of the State of California. uhereafter referred to as "Grantee(s)". an easement for drainage 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 uAn attached hereto and made a part hereof and as shown and delineated on EXHIBIT uBn 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 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. 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-i? day of :1€.- b . ,2002 "Grantors" / ~.., .. ~ /_ ~ (\l . .~ BY:~ ~ l~~~ ?~)d~tor Kenneth Machado BY:~~~ /))Ladd.~ L B~ha BY: -K~~~ Robert Alan Mac ad , Grantor , Grantor ~L- , Grantor BY: Lr-.-. ~ ~~ /JOhn Bryan Machado BY: JRJrJu. .~~~ MaW1io Terri Lynn Ma hado , Grantor , Grantor BY: ,-I~ -4A-l~tA.NW Cheryl n Machado , Grantor Bet!f'/ ~/l'ltd<< ~t~#t/G James Donald Machado , Grantor A~~ Linda Callon, City Attorney Pg.2 27305-6 EXHIBIT A 1006-8 2/04/02 DESCRIPTION DRAINAGE EASEMENT OVER LANDS OF MACHADO TO BE CONVEYED TO THE CITY OF GILROY PARCEL 27305-6 All that certain real property situate in the City of Gilroy, County of Santa Clara, State of California being 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: BEGINNING at the point of intersection of the southeasterly line of said Lot 6 with the northerly line of Old Gilroy Road, as shown on said map; thence from said POINT OF BEGINNING along said southeasterly line N51048'ITE 9.141 meters; thence leaving said southeasterly line N81033'43"W 75.988 meters; thence N79002'55"W 61.259 meters; thence N80002' 14"W 95.968 meters to the TRUE POINT OF BEGINNING for this description; thence from said TRUE POINT OF BEGINNING N80002' 14"W 15.000 meters; thence, at right angles, N9057' 46"E 5.000 meters; thence at right angles, S80002' 14"E 15.000 meters; thence at right angles, S9057'46"W 5.000 meters to the TRUE POINT OF BEGINNING. Containing 75.0 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 ]:::'j ~JZ by me or under my dirw :::s:: licensed land surveyor K:\SutOOIOORT 152\Dwg\Descriptions&Plats\27305\27305-6.doc Last printed 2/412002 12: IS PM CoordInat... be<<tnll8 and dl.tanC8ll Ihown are an u.. California Co<<dlnGte .)'Itom of 1983. Zone 3. Epodl 1891.35. llultlply dlItanceI ..own by 1.0000101 to obtain ground level dlItonCM. To con.wt metrlc dlatan... to U. S. Surw . feet mul b 3937 200. ~ cP .r---7 E68J OR. 232 841-18-42 MACHADO MAP OF THE SUBDJY510N OF THE ELlZABEll-l H. MARTIN TRACT F MAPS 3J Lor 6 Ri ? ;r', '~/ H; ~ OQ " .' L EXHIBITB I. :'t' :! " \.;.' ; ji'h' ~-, ; 1; . I f' -'\,; .1 q \ } v I. kJ ,;\ \ E " Q) . Q) 0) !!! ~ q ,., ", ~ '" ,., qr> a:~ z !,"'<i >, t '."k /t~ ! c%;'J '. ," i . \:~J j_:~.-.{' '<"1 ii ~~! lJ If I ,. " r ~~,l 11"1:11 ! /V Ii I ' i' j f] , JX 8 Ii Ii I~ / /h! / kll I /N II PLAT TO ACCOMPANY DESCRIPTION DRAINAGE EASEMENT OVER LANDS OF MACHADO. ET AI.. TO BE CON~ TO lHE CITY OF GILROY PARCEL NO. 27305-6 CAUFORNIA GILROY DILLON SURVEYS 0 10 - to 10 . . I . . I . . I I I . 40 10 rar 110 110 ZOO SCALE DAm 1 1Co\SUROO\llllllT ~TS\27305\2730S- 02104/2002 1212442 PM PST STATE OF CALIFORNIA C~Unty of Santa Clara <;:-,,,-)-.,. r v...: r~1 ~ y On '3~I'r.J~'f..,-e ;t'tACI4A-OJ ,2002 before me, the undersigned Notary Public, personally appeared '<'1'11/,01..1 k \M..a.Ckti.av j (5 r , Truatee 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 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. ALL PURPOSE ACKNOWLEDGMENT ~~-~-~~:~----f -8 ~=~ ~ Notary PublIc - CdramIII I ) S8n1l1 Clara Countr f _ _ _ ~~~~1~~ WITNESS my hand and official seal .-/ Notary Public i STATE OF CALIFORNIA County of Santa Clara On Yehr v=: ---j ~ ,2002 before me, the undersigned Notary Public, personally appeared de{:, ,^",+t.e VV\ c.( c L.. "'( co" , Trustee 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 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. ALL PURPOSE ACKNOWLEDGMENT ~ - - - - -D;N;H;~~J; ~ I e Cormnlalon.1297891 z ~. Notary Public. California ~ 1 Santa Clara County I MyConm. Expir8a Mar 18, 2005 ---------------- WITNESS my hand and official seal C ~~~r~~-' STATE OF CALIFORNIA County of Santa Clara On "'f~''--v~ / d::it . ,2001 before me, the undersigned Notary Public, personally appeared \<' ~ L'\. iA. f ...( t... l'\/\,Ct eke; do 111-- , Trustee 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 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. ALL PURPOSE ACKNOWLEDGMENT ~ - - - - -~N;H;~~; ...., e Comrnllsion.1297891 z ~ ~ Notary Public. California ~ 1 Santa Clara County I MyConm. EJrpiresMar18, 2005 -------------------- WITNESS my hand and official seal ./ STATE OF CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT C9tinty of Santa Clara On ~=-lc:>r'-~J-l ~? ,2002 before me, the undersigned Notary Public, personally appeared .:II ) ~ 11\ 6 ('1 t1 ~ vvt 0.. C l...l{ Iv , Trustee 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 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. ~"",~''''~c......-. .-. ..-. ..-. ..-. J 161 nONN H. BYRNE JR _ Commission # 1297698 ~ ~ Notary Public - California ~ ~ Santa Clara County f My CormI. Expires Mar 18, 2005 ------------------- WITNESS my hand and official seal r--- ~~r~ Notary Public in an rcrState '--- STATE OF CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT County of Santa Clara On ~r 0-<.f'1 d.2.. ,2002 before me, the undersigned Notary Public, personally appeared 1::e I( J" I 1-.'-( V1 VI N\ oCt (ltt('d.) , Trustee, 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 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. i~- :~=~~a- I ~ W Notary Public - California ~ ~ i _ _ _ _My~';:_~~~i .~ WITNESS my hand and official seal ~) Notary Publi:m an 0: satd State STATE OF CALIFORNIA County of Santa Clara On "'F e...~ r \..J -- r; d..-:f' ,2002 before me, the undersigned Notary Public, personally appeared C \.-.;1. Iii \ A VI 1'\ N\ 4 {fA. {.r. ~ , Trustee, 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 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. ALL PURPOSE ACKNOWLEDGMENT WITNESS my hand and official seal OONN H. BYRNE JR a Commission #1297698 z ~. Notary Public - California ~ ) Santa Clara County f My Corrm. Expires Mar 18, 2005 -..-.------------~----- Pg,4 STATE OF CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT County of Santa Clara O~ )=' ~ r '0 -< rl ~"""l ,2002 before me, the undersigned Notary Public, personally appeared .......'1 ~ r; s \) .) ~ A- i..-P fr1 fJ.( H A OcJ , Trustee, 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 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, J--..-..-....~........-_................ 'I DONN H. BYRNE JR - Commission 111297698 J ~ ~ Notary Public - California ~ ~ Santa Clara County I My Corrm. Expires Mar 18, 2005 ------------------ WITNESS my hand and official seal ( /~ (:- Nolllly Public in - - :;:; sai.JI ~ STATE OF CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT County of Santa Clara ..-- f<..l.:.r- v-< ~ :;;;;;;:"'7 .. On . ( ,2002 before me, the undersIgned Notary PublIc, personally appeared ~ A-~,...., ~,~, Trustee, 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 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. ~ .... .... .... .... ""D;N;H~~;J; .... J 'I CommissionIl1297698 ~ ~ Notary Public - California ~ Santa Clara County f _ _ _ _My~_~_~1':~ WITNESS my hand and official seal 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,5 CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Kenneth Machado, an undivided 6/54 interest; Jeanette Machado, an undivided 6/54 interest; Kenneth John Machado, II, an undivided 7/54 interest; Robert Alan Machado, an undivided 7/54 interest; and John Bryan Machado, an undivided 7/54 interest; Terri Lynn Machado, an undivided 7/54 interest; Cheryl Ann Machado, an undivided 7/54 interest and James Donald Machado, an undivided 7/54 interest This is to certify that the interest in real property conveyed by the grant of easement dated February 28,2002 from Kenneth Machado, an undivided 6/54 interest; Jeanette Machado, an undivided 6/54 interest; Kenneth John Machado, II, an undivided 7/54 interest; Robert Alan Machado, an undivided 7/54 interest; and John Bryan Machado, an undivided 7/54 interest; Terri Lynn Machado, an undivided 7/54 interest; Cheryl Ann Machado, an undivided 7/54 interest and James Donald Machado, an undivided 7/54 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 ofGilroy 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:\CTYCLERKIFORMS\ACCEPT ANCE.DOC