Machado, Kenneth et al (3)
EXCLUSIVE EASEMENT
AFTER RECORDING, RETURN TO:
· City of Gilroy
7351 Rosanna Street
Gilroy, Ca 95021
DOCUMENT: 16172646
I UIIIII I 11111 111I I
~ee16172646~
Tit I es: 1 / Pages: 13
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.. + No Fees
Taxes.
Copies.
AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Ci ty
ROE ** 0 1 1
3/22/2002
10:53 AM
GRANT OF EASEMENT
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, 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 EXHIBITS
"An attached hereto and made a part hereof and as shown and delineated on EXHIBITS "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 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 (.;t~
day of f..Q b .
,2002
"Grantors"
BY:
~(]./ ~ \\ "~~
fL-n/hA'LI q/}a<'~ ~-zA~ ~~fV4Grantor
~ nneth Machado c/
~ /,i l[ /.d~ . Grantor
ette Machado 7'
BY:
BY:
, Grantor
BY:
~ ~
,." 4
~~11-
Robert A an Machado
, Grantor
BY: ~ ~~ /7~~
~ohn Bryan Macliado
BY: Jmu'~ hlawt/A
Terri Lynn chado
, Grantor
, Grantor
BY:Ct~/t ~ t:1~
Chery nn Machado
, Grantor
, Grantor
APPROVED AS TO FORM
~e~
Linda Callon, City Attorney
Pg.2
STATE OF CALIFORNIA
County of Santa Clara
;2..-::2.8
ALL PURPOSE ACKNOWLEDGMENT
~iJ~ - -~N;H;~~J;.... J
Commission .1297898
~. Notary Public - California ~
z ~
~ Santa Clara County f
_ _ _ _My~~_~1':~
WITNESS my hand and official seal
State
STATE OF CALIFORNIA
County of Santa Clara
J.-.2S'GL
On ,2002 before me, the undersigned Notary Public, personally appeared
~o.. II\.,e tt e V\/\.4 c Ltuc(..> , 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
1&---------
@ OONNH.BYRNEJR
:.( Commission .1297698 I
2 ~ Notary Public - California ~
~ Santa Clara County I
_ _ _ .~~~~~~1':~
WITNESS my hand and official seal
STATE OF CALIFORNIA
County of Santa Clara
2--1-'i-O'L
ALL PURPOSE ACKNOWLEDGMENT
On " ,2001 before me, the undersigned Notary Public, personally appeared
~ \II, '" ~ {- i.A S () ~ '" VV\. c... ( l.. CL do) J( ,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.
WITNESS my hand and official seal
CONN H. BYRNE JR
~ CommisSion.1297698 z
:.(. Notary Public - California ~
~ ~ Santa Clara County
My Corrrn- Expires Mar 18. 2005
~~dsmre
Pg.3
~
STATE OF CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
County of Santa Clara
;t r -:1-8-'01-
On ,2002 before me, the undersigned Notary Public, personally appeared
R. (.) ~-<?.r t" A- d Go. '" \IV\. ( C ~ ~((..:> ,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...._-~--------J
@ DONN H. BYRNE JR
Commission" 1297698
~ ~ Notary Public - California ~
z _
~ Santa Clara County t
__ _ _ ~~~~~1':~
WITNESS my hand and official seal
c
~
Notary Public i and . State
STATE OF CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
County of Santa Clara
Z-:2'~-uL
On ,2002 before me, the undersigned Notary Public, personally appeared
80 \.... \1\ r3 ( i Ii t, ltvt ti (it Cl c( ..:> , 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
@ DONNH.BYRNEJR
Commission" 1297698
~ ~ Notary Public - California ~
z _
~ Santa Clara County d
_ _ _ _My~~~res_~1':2OO5
WITNESS my hand and official seal
~
~/
./ .. I ( -
Notary Public d fur s~ State
STATE OF CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
County of Santa Clara
2- " 2 ~ - 0 'L-
On. ,2002 before me, the undersigned Notary Public, personally appeared
'-,:Q .{" ILl "" h V'v\ uJ ~ u ,(~ , 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.
~ -- - ""... - - ..... -. -. - - - ....1 WITNESS my hand and official seal
DONNH.BYRNEJR ~
- Commission..1297698 z C. -
~ _. Notary Public - Califomia ~
I ~ So"'C"mCoonly ~I N~ -. State
~ MyCorrm. Expires Mar 18. 2005
---,.--------~----
Pg.4
STATE OF CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
County of Santa Clara
On 2 - Z g~ O'L ,2002 before me, the undersigned Notary Public, personally appeared
C ~....Q .(' 1 l-----fl -filiI VVl c... ( It Cl 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.
~""'.,1;....;,"b""""*__.... ..... -. ..... - J WITNESS my hand and official seal
1 ~ DONN H. BYRNE JR
- Commission' 1297698
i ~ NotaryPublic-Califomia ~ ",....- ..' .~ ~
j Santa Clara County f ( . ~ )
My Corrm. Expires Mar 18 2005 .
- - -- -- - - - - _ _ ..:. _ ~t. lic in for said tate
STATE OF CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
County of Santa Clara
'2 - 2 'i?'.cYL
On r ,2002 before me, the undersigned Notary Public, personally appeared
:5 AIM e s .~o Y\ fA. (d VV', LL l It, ~ do, 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 WITNESS my hand and official seal
a DONNH.BYRNEJR
Commission' 1297698
~ .., NOla" P,.'lc- Ca""'"'" ~,--- ~
f~ _ -~~~~~~f '-- Noi blici~S~
A TTENTION 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
27305-2
EXHIBIT A
1006-8
1/23/02
DESCRIPTION
PUBLIC UTILITY EASEMENT OVER LANDS OF MACHADO
TO BE CONVEYED TO THE CITY OF GILROY
PARCEL 27305-2
All that certain real property situate in the City of Gilroy, County of Santa Clara, State of
California being partly a portion of Lot 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 northerly line of Old Gilroy road, as
shown on said map, with 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 al recorded
October 11, 2001 as Recorder's Document No. 15905718, Santa Clara County Records;
thence from said POINT OF BEGINNING, along said easterly line from a tangent
bearing of No04T38"W along a curve to the left with a radius of 326.750 meters, through
a central angle of 2018'34" for an arc length of 13.171 meters to the TRUE POINT OF
BEGINNING for this description; thence from said TRUE POINT OF BEGINNING,
S84035'46"E 7.819 meters; thence N5024'15"E 6.100 meters; thence parallel with above
said course with a length of7.819 meters, N84035'46"W 8.790 meters to the intersection
thereof with 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 1004'59" for an arc length of 6.175 meters to the
TRUE POINT OF BEGINNING.
Containing 50.6 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.
me or under my direct supervision
,
licensed land surveyor
J
Prepared by the firm of
Dillon Surveys
Hollister, California
H:\HOME\DILLIRoule 152\Descriplions&Plats\27305\27305- 2.doc
Last printed 1/2512002 10:40 AM
C-dlnat... be<<fng. and dl.tancoo ohown or.
on the California C-dlnat. ayolom of 1983,
lane J. Epoch 1991.35. Mulllply dl.tancee
ohown by 1.??oo101 to oblaln ground I."",
dIolancoo. To conwrt metric distances to U.
S. Surw feel mull I b 3937 1200.
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EXHIBITB
TCE 96.3 sq.m.:i:
(EXP 3/31/03)
27305-5
27305-2
PUE 50.6 sq.m.:i:
27305-1
14,872.9 sq.m.:i:
PLAT TO ACCOMPANY DESCRIPTION
LANDS OF MACHADO
TO BE CONVEYED TO lHE CITY OF GILROY
PARCEl NO. 27305
GILROY
CAUFORNIA
.,
DILLON SURVEYS
DATE: 1/n/02
27305-3
EXHIBIT A
1006-8
1/25/02
DESCRIPTION
PUBLIC UTILITY EASEMENT OVER LANDS OF MACHADO
TO BE CONVEYED TO THE CITY OF GILROY
PARCEL 27305-3
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:
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 northerly line of Old Gilroy road, as
shown on said map, with 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 al recorded
October 11,2001 as Recorder's Document No. 15905718, Santa Clara County Records;
thence from said POINT OF BEGINNING, along said easterly line from a tangent
bearing of NO 047' 38"W along a curve to the left with a radius of 326.750 meters, through
a central angle of 2018'34" for an arc length of 13.171 meters; thence S84035'46"E
266.324 meters to the TRUE POINT OF BEGINNING for this description; thence from
said TRUE POINT OF BEGINNING, N5024' 14"E 9.000 meters; thence at right angles
S84035'46"E 1.500 meters; thence, at right angles, S5024'14"W 9.000 meters; thence, at
right angles, N84035'46"W 1.500 meters to the TRUE POINT OF BEGINNING.
Containing 13.5 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.
];:dJze or under my direct;:;~i:
, ,
licensed land surveyor date
Prepared by the firm of
Dillon Surveys
Hollister, California
K:\SwOOIOORT 1521Dwg\Descriptions&Plats\2730S\27305-3.doc
Last printed 1/2512002 3:33 PM
Coordlnat-. be<<fnoa and eIl.tancee ..own are
on the Callfomla Coordlnate .~t.... af 1983,
Zone J. fPacIl 1991.35. "ul~y d1etancee
eIrown by 1.00001 01 to obtain ground IewI
dletan.... To CCllI'Wrt metrlc d1etancee to U.
S. SurYe feet mult b 3937 200.
SEE DETAI.
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ES8J OR. 232
841-18-42
MACHADO
27305
\\ l:&s~a
lIachado, et al
to FlIce, et al
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..Cj ~ PLAT TO ACCOMPANY DESCRIPTION
;ll ~~
~ .,!. ~\ PUBUC UllUlY EASEMENT
0.; ~ ~ OVER LANDS OF MACHADO. ET AJ...
TO BE CONVEYED TO lHE QlY OF GILROY
PARCEL NO. 27305-3
GILROY
CAl.Jf'ORHIA
DILLON SURVEYS
10 III!II 10
, ,
, ,
lID Jar 10
SCALE
lID
.
,
100
,
10
DAlE: 1
.JOB NO: l00e-a
1Co\SUROO\OORT ~~7305-3.DVG 01/2SI2002 03034<07 PM PST
27305-4
EXHIBIT A
1006-8
1/25/02
DESCRIPTION
PUBLIC UTILITY EASEMENT OVER LANDS OF MACHADO
TO BE CONVEYED TO THE CITY OF GILROY
PARCEL 27305-4
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:
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 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 the N81033'43"W 6.018 meters to the TRUE POINT OF
BEGINNING for this description; thence from said TRUE POINT OF BEGINNING,
N81033'43"W 1.500 meters; thence, at right angles, N8026'ITE 9.000 meters; thence, at
right angles, S81033'43"E 1.500 meters; thence, at right angles, S8026'17"W 9.000
meters to the TRUE POINT OF BEGINNING.
Containing 13.5 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.
Ld.~;yze or under my ilir~t s~;;:n
licensed land surveyor
Prepared by the firm of
Dillon Surveys
Hollister, California
H:\HOMElDILLlRoute 152IDescriptions&PlalS\27305\27305-4.doc
Last printed 1/25/2002 10:40 AM
27305-5
EXHIBIT A
1006-8
1/25/02
DESCRIPTION
PUBLIC UTILITY EASEMENT OVER LANDS OF MACHADO
TO BE CONVEYED TO THE CITY OF GILROY
PARCEL 27305-5
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:
A TEMPORARY EASEMENT to terminate March 31, 2003 for construction purposes
and incidents thereto, under, upon, over and across that certain real property described as
follows:
BEGINNING at the point of intersection of the northerly line of Old Gilroy road, as
shown on said map, with 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 al recorded
October 11,2001 as Recorder's Document No. 15905718, Santa Clara County Records;
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 3023'34" for an arc length of 19.349 meters to the TRUE POINT OF
BEGINNING for this description; thence from said TRUE POINT OF BEGINNING,
S84035'46"E 8.790 meters; thence N5024' 15"E 10.000 meters; thence N85009'57"W
10.620 meters to a point in said easterly line; thence along said easterly line, from a
tangent bearing of S5057'03"E along a curve to the right with a radius of 326.750 meters,
through a central angle of 1045'52" for an arc length of 10.062 meters to the TRUE
POINT OF BEGINNING.
Containing 97.2 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.
licensed land surveyor
date
This description was prepared by me or under my direct supervision
Prepared by the firm of
Dillon Surveys
Hollister, California
H:\HOME\D1LLIRoute IS2IDescriplions&PlatsI27305\27305- 5 .doc
Last printed 112512002 10:39 AM
Coordinates, bearing. and dl.tane.. shown or.
an tho Cflllfamla Coordlnat. '.yetem af 1983,
lone :S, Epoch 1991.35. Multiply dl.tances
oIIown by l.oooofol to obtain ground 1.w1
d..tane... To eonvert m.trlc dl.tane.. ta U.
S. Surwy feet multi I b 3937 1200.
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EXHIBIT B
3:
· E
80>
0,0
,;<I- ~
(\/-:-
~OJ
TeE 96.3 sq.m.:i:
(EXP 3/31/03)
27305-5
3:
co
.-:-
It)
!0
-:-
OJ
2:
27305-2
PUE 50.6 sq.m.:i:
27305-1
14,872.9 sq.m.:i:
PLAT TO ACCOMPANY DESCRIPTION
LANDS Of MACHADO
TO BE CONVEYED TO THE CITY Of GILROY
PARCEl.. NO. 27305
GILROY CAUFORNtA
DILLON SURVEYS
III!II
0 10 20 90
I I , .
I I I I I I
10 20 40 rm 110 110 100
SCALE
DAlE: 1/22/02 .JOB NO: l00e-8
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 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
I:\CTYCLERK\FORMS\ACCEPT ANCE.DOC