McCarthy, Joseph A. and Harris, Muriel M., successor trustees of RIM Trust and MGM Trust (2)
I ",
l)C.i
EXCLUSIVE EASEMENT
AFTER RECORDING, RETURN TO:
. . City of Gilroy
7351 Rosanna Street
Gilroy, Ca 95021
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:
DOCUMENT: 16172649 Titles: 1 / Pages: 9
111111111I111 Fees... * No Fees
Taxes. . .
~0016172649~ Cop i es. .
AMT PAID
BRENDA DAVIS ROE # 131 1
SANTA CLARA COUNTY RECORDER
R~corded at the request of 3/22/213132
City 113:53 AM
Agent:
GRANT OF EASEMENT
Joseph A. McCarthy and Muriel M. Harris, as successor Trustees of the RIM Trust, a Revocable Trust
dated February 12, 1982, as to an undivided ont~..haIf (112) interest, and Joseph A. McCarthy and Muriel
M. Harris, as successor Trustees of the MGM Trust, a Revocable Trust dated December 14, 1982, as to
an undivided one-haIf (112) interest, Grantor(s), hereby grant(s) to the City of Gilroy, a public body of the
State of California, <thereafter referred to as tlGrantee(s)tI, 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 EXHIBITS <tA" attached hereto and made a part hereof and as shown and delineated on
EXHIBITS uB" 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 pI'Qvisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties
. hereto.
Executed this
IS~
day of F€h.
,2002
"Grantors"
BY:
4'.A
, Grantor
BY:
ry() LlA1;Q J ~{^~
Muriel M. Harris, Trustee (RIM Trust)
, Grantor
BY:
, Grantor
BY:_Yn wv..J-I 1tt1.4 AJl.4o
Muriel M. Harris, Trustee (MGM Trust)
. Grantor
APPROVED AS 3R ~RM
~~
Linda Callon, City Attorney
Pg.2
STATE OF CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
. County of Santa Clara Mf...^-",
on' :2) I ') ) ~L- ,2002 before me, the undersigned Notary Public, personally appeared
f'l\ v r I C2. , /'A. ,. He- r r I) , personally known to me (or proved to me on the basis of satisfactory
evid~. ce to be the perso~) whose n~. ) isljlre subscribed to the within instrument and acknowledged to me
that ~ executed the same in ~theif-authorized capacityiiu), and that byhi~their signat~
on the instrument the perso~), or the entity upon behalf of which the persoJ:!!s}acted, executed the instrument.
WITNESS my hand and official seal
"'/'o...~--^-/"-..../"--..-"'--""""""'./'...../""-..--^---"""""""'1
T" .' .,,~.~ GABRIEL GREECE ).
o ,~~\ COMM. #1216705 i"
o."eo . "J NOTARY PUBLIC-CALIFORNIA 1Jo
( " '. 'i/ MARIN COUNTY ...
t <,,, My Comm. Expires Ajlnl 23, 2003 l
-....r-....r"""'Y'"....................".......,..........,......,............,....."..
~Q~
Notary Public in and or said State
STATE OF CALIFORNIA
County of Santa Clara
ALL PURPOSE ACKNOWLEDGMENT
On Fchrurvy IS", .2002 before me, the undersigned Notary Public, personally appeared
:rOUp), 1/. mcU:u4f1 y .~onally known to ~(or proved to me on the basis of satisfactory
evidence) to be the~ whose 1 subscribed to the within instrument and aCknOWI~d to me
that@she/ they executed the same in i er/their authorized capacity{ieS). and that b@her/their 1 ature~
on the instrument the~. or the entity upon behalf of which th~ acted. executed the instrument.
J " " . ~.~ A . . ~~~O~~ ~;;R~~;~ . A ( WITNESS my hand and official seal
:: ~~. COMM. #1253831 m
en :.; ,. Notary Pultlic.Califomia tn
W ~ ' SANTA CLAM COUNTY :::
)~ ~: :.:'T ~ ~~~'~~~~~C~::~,J
~~
Notary Public in and for s State
STATE OF CALIFORNIA
County of Santa Clara
ALL PURPOSE ACKNOWLEDGMENT
On ,2001 before me. the undersigned Notary Public, personally appeared
, 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
Notary Public in and for said State
Pg.3
STATE, OF CALIFORNIA
County of Santa Clara
ALL PURPOSE ACKNOWLEDGMENT
On .2002 before me, the undersigned Notary Public, personally appeared
. 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
Notary Public in and for said State
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.4
EXHIBIT A
1006-8
2/04/02
DESCRIPTION
DRAINAGE EASEMENT OVER LANDS OF McCARTHY, ET AL
TO BE CONVEYED TO THE CITY OF GILROY
PARCEL 27306-2
All that certain real property situate in the City of Gilroy, County of Santa Clara, State of
California being a portion of Parcel Six as described in the Deed from Wellington
Business Park L.L.c., a Nevada limited liability company to Joseph A. McCarthy, et aI,
recorded March 19, 2001 as Recorder's Document No. 15597951, Santa Clara County
Records described as follows:
An EASEMENT for drainage 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 said Parcel Six and the
southerly line of Old Gilroy Road 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; thence from said POINT OF
BEGINNING, along said easterly line, S7005'31"W 5.451 meters; thence leaving said
easterly line N80002' 14"W 7.933 meters to a point in the westerly line of that certain
drainage easement as described in the deed from Foremost-McKesson, Inc., a Maryland
corporation to the State of California, recorded October 3, 1980 in Book F 632 of Official
Records at page 418, Santa Clara County Records, said point being the TRUE POINT OF
BEGINNING for this description; thence from said TRUE POINT OF BEGINNING,
N80002' 14"W 32.119 meters; thence S66011'04"E 36.767 meters to a point in said
westerly line; thence along said westerly line NI2009'39"W 9.503 meters to the TRUE
POINT OF BEGINNING.
Containing 141.4 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.
J=aIZ me orundermYdire:/;:~:n
licensed land surveyor I date
Prepared by the fiqn of
Dillon Surveys
Hollister, California
K:\SurOOlOORT 152IDwg\Descriplions&PlalS\27306\27306-2.doc
Last printed 2/4/2002 12:29 PM
Coordlnat.., bearln9a and dlatonc.. ahawn ore
on the California Coordinate ayet.... of 1983.
Zone 3. Epj>Ch'1llll1.J5. Multiply dlatoncea
ahown by 1.??oo101 to obtain ground level
. dlatoncea. To con~ metr1c dlatoncea to U.
S. Surw feet mult I b 3937 1200.
EXHIBIT B
~ cp :i.
McCARTHY
PARCEL SIX
DOC J559795J
/'r
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Co' ~
fvj~
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,~ ~!:;
CITY OF GILROY .::::: l~
i 2' WIDE SEWER EASEMENT !t? ("
\4456 O.R. 68 N12'09'39"W Vj f<:;.. ~
9.503m ~__
--- "-
----- -- - -- - - -= === _=.l~~..~..~.-
_ _ _ - - - - - - - ~ _ - .".._-_....t..~.)"
--- r- ~
Q)
N07"OS'31"E \~ y/~"/' /'
STATE OF CALIFORNIA ----./\ .. iJ .//
DRAJNAGE EASEMENT ~O7"05'3\ 'tJ
F632 OR. 4J8 '\ 5A?~- - --
\.----
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/ PLAT TO ACCOMPANY DESCRIPTION
0 10 11IIII II ao
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SCALE
DRAINAGE EASalENT OVER LANDS OF t.lcCARlHY
TO BE CONVEYED TO lHE CITY OF GILROY
PARca NO. 27306-2
CAUFORNIA
DILLON SURVEYS
LAND SURVEYING. RIGHT OF WAY ENGINEERING
1170 SO~S WAY
BOWSTER. CALIFORNIA 95023-6637
831 638-3086
DA 1E: 1/U/02 SCAlE: 1: IlOO (ME1RIC) JOB NO: 1001-8
Ko\SUROO\OORT ~TS\27306\27306-2Jl'oo'G 0ZI0412OO2 08027031 AM PST
EXHIBIT A
1006-8
2/04/02
DESCRIPTION
DRAINAGE EASEMENT OVER LANDS OF McCARTHY, ET AL
TO BE CONVEYED TO THE CITY OF GILROY
PARCEL 27306-3
All that certain real property situate in the City of Gilroy, County of Santa Clara, State of
California being a portion of Parcel Six as described in the Deed from Wellington
Business Park L.L.c., a Nevada limited liability company to Joseph A. McCarthy, et aI,
recorded March 19, 2001 as Recorder's Document No. 15597951, Santa Clara County
Records described as follows:
An EASEMENT for drainage purposes and incidents thereto, under, upon, over and
across that certain real property described as follows:
BEGINNING at the point of intersection of the westerly line of said Parcel Six and the
southerly line of Old Gilroy Road 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; thence from said POINT OF
BEGINNING, along said southerly line, S82049'03"E 123.155 meters; thence leaving
said southerly line N87008'01"W 39.862 meters to a point in a line parallel with and
distant 3.000 meters southerly, measured at right angles, from said southerly line; thence
along said parallel line N82049' 03"W 81.000 meters to the intersection thereof with said
westerly line; thence leaving said parallel line, along said westerly line N31 033 '29"W
3.846 meters to the POINT OF BEGINNING..
Containing 306.2 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.
This description was prepared by me or under my direct supervision
LI1.J~
licensed land surveyor
'l/Plj./b'l,
. I
date
Prepared by the firm of
Dillon Surveys
Hollister, California
K:\SurOOlOORT 152\Dwg\Descriplions&Plals\27306\27306- 3.doc
Last printed 7141200212:31 PM
CoMdlnat... beorln9" and dl.tancee ohown ore
an the CalIfornia Coordlnate .yot... of 1983,
Z_ 3, Epoch 1991.35. Multiply dlotancee
ohllwn by l.llOOG101 to obtain ground ,.....
d1o\onCII. To con..t metric dlltancee to U.
S. Surw teet mult b 3937 1200.
EXHIBIT B
841-70-012
PABCEL SIX
DOC J559795J
'.,
/
r-/'"
841-17-09~~
McCARTHY
MAP OF THE SUBDNSJON THE
ELIZABETH J-l. MARTIN TRACT
F MAPS 31
LOT 6
"
,
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PLAT TO ACCOMPANY DESCRIPTION
///
/
DRAINAGE EASEMENT O~ LANDS Of McCARlliY
TO BE CONVEYED TO lliE CITY Of GILROY
PARCEL NO. 27306-3
p
/"
GILROY
CAUFORNIA
0 20 IImI 411 lID
I , I I I
I I I I I I
0 411 lID 1m tlIO 1110 200
SCALE
, DILLON SURVEYS
LAND SURVEYING . RIGHT OF WAY ENGINEERING
1170 SO~S WAY
BOWSTER. CAUFORNIA D5023-8837
831 838-3088
DAlE: 1/22102 SCAU:: 1:1000 (ME1RIC)
1C>\SUR1lO\IlORT 1~TS\27306\27306-3JlVG 02I041eoc2 09009?08 Nt PST
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Joseph A. McCarthy and Muriel M. Harris, as successor Trustees ofthe RIM Trust, a Revocable
Trust dated February 12, 1982, as to an undivided one-half (l/2) interest, and Joseph A.
McCarthy and Muriel M. Harris, as successor Trustees of the MGM Trust, a Revocable Trust
dated December 14, 1982, as to an undivided one-half (1/2) interest
This is to certifY that the interest in real property conveyed by the grant of easement dated
February 15,2002 from Joseph A. McCarthy and Muriel M. Harris, as successor Trustees of the
RIM Trust, a Revocable Trust dated February 12, 1982, as to an undivided one-half(1/2) interest,
and Joseph A. McCarthy and Muriel M. Harris, as successor Trustees of the MGM Trust, a
Revocable Trust dated December 14, 1982, as to an undivided one-half (l/2) 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 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, 2
I:\CTYCLERK\FORMS\ACCEPT ANCE.DOC