Southern Pacific Transportation Company (2)
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P 4 2 2 p~ GE , 28 I
RECORDING REQUESTED BY
City of Gilroy
DOCUMENT: 13371009
II U 1111111111 III" III
:0:0013371 ~j09:o:
WHEN RECORDED MAIL TO:
Susanne Steinmetz
City Clerk
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
cr/f?
Tit I es: I / Pages: I 3
Fees . + No Fees
Taxes.
Copies.
AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
ROE ** 010
7/18/1996
II: 53 AM
( SPACE ABOVE THIS LINE FOR RECORDER'S USE)
DOCUMENT TITLE
Easement Between Southern Pacific Transportation Co. & City of Gilroy
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SEPARATE PAGE, PURSUANT TO GOVT CODE 27361.6
-p 4 2 2 P r GE 12 8 2
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SR 53353
EASEMENT
THIS EASEMENT AGREEMENT is made this 2:.....:.!. day of July 1996, by and
between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation,
herein termed "Grantor", and CITY OF GILROY, a municipal corporation of the State of
California, herein termed "Grantee";
WITNESSETH:
1. Grantor hereby grants to Grantee perpetual easement on over and across the surface
of that certain real property in the City of Gilroy, County of Santa Clara, State of
California as more particularly depicted on Drawing No. 53353, Sheets 1-3, dated
February 15, 1996 attached hereto as Exhibit A and made a part hereof (hereinafter
"Easement Area" or "Easement"). This Easement is for the Leavesley Road at-grade
crossing project.
2. This grant is made subject to all licenses, leases, easements, restrictions, conditions,
covenants, encumbrances, liens and claims of title which may affect said property and
the word "grant" as used herein shall not be construed as a covenant against the
existence of any thereof.
3. Grantee shall bear the entire cost and expense of construction and maintenance of
said Easement Area.
4. Grantee shall, at its expense, comply with all applicable laws, regulations, rules and
orders relating to Grantee's exercise of its easement rights hereunder regardless of
when they become or became effective, including, without limitation, those relating
to health, safety, noise, environmental protection, waste disposal, and water and air
quality.
Should any discharge, leakage, spillage, emission or pollution of any type occur upon
or arise from the Easement Area as a result of Grantee's use, presence, operations
or exercise of the rights granted hereunder, Grantee shall, at its expense, be obligated
to clean all property affected thereby, to the satisfaction of Grantor, and any
governmental body having jurisdiction in the matter.
5. Grantee agrees that no assessments will be levied against the property of Grantor to
defray any part of the expense incurred in connection with any construction in the
Easement area.
6. Insofar as it lawfully may, Grantee agrees to investigate, defend and indemnify
Grantor, it's officers, employees, agents, successors and assigns from all claims,
liability, cost and expense, howsoever same may be caused, including reasonable
attorney's fees, for lost of or damage to property for injuries to or death of persons
Page 1 of 3
'P 4 2 2 p~ GE I 283
arising out of the construction, reconstruction, maintenance, or use of the Easement
Area by Grantee, it's employees, agents, licensees, invitees, successors or assigns.
7. Grantee shall fully pay for all materials installed in the Easement Area and shall pay
in full all persons who perform labor thereupon. Grantee shall not permit any
mechanics' or materialmen's liens of any kind or nature to be enforced against the
property for any work done or materials furnished thereon at Grantee's request.
8. Grantee shall arrange and pay for all utilities, including, without limitation, water,
power, garbage or sewer services to be used in connection with this Easement.
9. Grantee hereby acknowledges that Grantee is accepting this Easement in an "AS IS"
condition, and that it has not relied on any warranties, promises, understandings or
representations, express or implied, of Grantor or its agents or employees. Grantee
shall perform and rely upon its own independent investigation of the physical
condition of the property.
10. Grantee shall pay to Grantor $54,245 for the Easement.
11. Should Grantee, its successors or assigns, at any time abandon the use of said
Easement, or any part thereof, or fail at any time to use the same for the purpose
contemplated herein for a continuous period of one (1) year, the right hereby given
shall cease to the extent of the use so abandoned or discontinued, and Grantor shall
at once have the right to assume exclusive possession of said property or the part
thereof the use of which is so discontinued or abandoned.
12. The parties intend that the promises and obligations of this grant shall bind and inure
to the benefit of their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Easement
Agreement in duplicate as of the day and year first herein written.
Page 2 of 3
I~;TTFST 1 ~ /in ,1/
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?ECRETARY
D:\DATA\SEK\GILROY.GRT
'P 4 2 2 P n. GE , 2 8 4
GRANTOR
SOUTHERN PACIFIC TRANSPORTATION COMPANY
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e PrMtdent
GRANTEE // A'"
CITY OF~R9Y\ j
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Page 3 of 3
P 4 2 2 P ~ GE I 2 8 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
California
County of
San Francisco
On
April 23. 1996
DATE
before me,
Joseph F. Jubilado. Notary Public
NAME, 1ITLE OF OFFICER, E,G" "JANE DOE, NOTARY PUBLIC"
personally appeared
L. C. Yarberry and T. F. O'Donnell ____uuu____________m
NAME(S) OF SIGNER(S)
[X ] 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 the person(s), or
the entity upon behalf of which the person(s) acted, executed
the instrument.
r~~~~~~~~~~~~'"
@_.~. JOSEPH F. JUBIlADO f
i . . '. COMM. # 1058369 I
! . -!It Notary PublIc - CallfomIa
,. SAN FRANCISCO COUNlV ...
J ~ ~ ~ ~:or:m~~r:J~~ l~.J
WITNESS my hand and official seal.
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I . SIGNATURE OF NO ARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
[ ] INDIVIDUAL
[ ] CORPORATE
1ITLE(S) TITLE OR TYPE OF DOCUMENT
[ ] PARTNER(S) [ ] LIMITED
[ ] GENERAL
[ ] ATIORNEY-IN-FACT
[ ] TRUSTEE(S)
[ ] GUARDIAN/CONSERVATOR
[ ] OTHER
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIT(IES)Y
SIGNER(S) OTHER THAN NAMED ABOVE
P 4 2 2 P ~ GE I 2 8 6
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City of Gilroy
County of Santa Clara
State 152
04-SCL-152-9,4
52847 -1
S.P.R.R.
EXHIBIT "A"
Legal Description
Real property in the City of Gilroy, County of Santa Clara, State of California,
being a portion of Las Animas Rancho, and included within the land described in deed
dated August 28, 1885, from A. T Hermann, et aL, to Southern Pacific Railroad
Company, recorded August 29, 1885, in Book 84 of Deeds, Page 134, Deed Records
of said County, described as follows:
Beginning at the most Southerly corner of that parcel of land described in the deed from
Southern Pacific Railroad Company to the County of Santa Clara dated February 17,
1964 and recorded March 4, 1964 as Series No. 2585392, Official Records of Santa
Clara County, California, also being in the Westerly line of the lands of Southern Pacific
Railroad Company; thence along the Southerly line of last said lands of the County of
Santa Clara N. 35051'23" E., 71.10 feet to the Southeasterly line of Leavesley Road and
being also in the Easterly line of the lands of the Southern Pacific Railroad Company;
thence along last said Easterly line S.21038'45"E, 4.13 feet to a non-tangent curve;
thence from a tangent that bears S. 46013'28"W., along a curve to the left with a radius
of 75 feet and central angle of 66033'43" an arc length of 87.13 feet; thence
S.20020'15"E., 206.04 feet; thence S,13021'01"E., 51,48 feet; thence, N.21056'45"W.,
194,51 feet; thence N.21041'52"\N, 96,11 feet to the point of beginning.
CONTAINING 3263 square feet, more or less.
This conveyance is made for the purpose of a State Highway and the grantor
hereby releases and relinquishes to the grantee any and all abutter's rights including
access rights, appurtenant to grantor's remaining property, in and to said State Highway.
The bearings and distances used in the above description are on the California
Coordinate System of 1927, Zone 3. Multiply the above distances by 1.0000018 to
obtain ground level distances.
'p 4 2 2 p~ GE I 2 8 7
ParcelG
A Paretl of land in thl! City of Garoy. Santa Ova County. Caiifomia. being a portion of Sub Lot 21h, as
shown on l1ap 8, II Las Animas Partition Suit of Henry Hiller, et al Y5. Thomas Massey. !t alll Superior
Court Case No. 5536, being more particularly described as f~I0W5:
Commencing at a stake marked II 0 I R R II It the most easm1y comer of said Sub Lot. therlte along the
newtherly line of that parcel pttd between S4utnern Padfic Company~ and the COl.Inry of Santa Clara.
per instrument rKOrdld in Book 6410 at Page 700 records of Santa Clara Ccunty. California,
North 66<:1 31' 45~ Waf. 66.19 f. to ml! True Point of BtCinning ~
I) tt1ence continuing along said northerly linl! Nonh 6603114511 Wen 19.88 f@ft to a. point 011 the westerly
line of said Sub lot ;
2) tftfJllce .tong said westerly line North 22Q 20' Wst 69.83 feet to a point;
3) d'llIlce leaving &aid westerly line South 270 59' 3811 East 64.99 feet to a point;
4) thence South 430 19' 2S~ East 20.78 fttt to the True Point td 8~inning.
Containing 305 square feet of land. more or less
H=Da ... Btun::ai
1651 sipbcny SlnCt
Qi1rcv. Ca1ihma '}jQ20-:i122
Civil !:I18inCEf'$ . l~d. 5\l1'Vq''''~
401-842.2 I n
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Parcel H
A Parcel of land in the City of Gilroy. Santa Clara County, California, being a portion of Sub Lot 22h. as
shown on Map 8. II Las Animas Partition Suit of Henry Miller. et aI YS. Thomas Massey. et alII Superior
Court Case No. 5536. being more particularly described as follows:
Commencing at a stake marked II 0 I R R II at the most easterly corner of said Sub Lot, thence along the
northerly line of that parcel granted to the County of Santa Clara, by the Southern Pacific Company, per
instrument recorded in Book 6410 at Page 700 records of Santa Clara County. California,
North 6603114511 West 86.07 feet to a point on the westerly line of said Sub Lot;
thence along said westerly line North 220201 West 333.84 feet to True Point of Beginning;
I) thence continuing along said westerly line North 220201 West 175.66 feet;
2) thence South 260 541 2611 East 36.40 feet ;
3) thence North 6r 40. East 8.04 feet ;
4) thence South 220201 East 51.84 feet;
5) thence South 150 121 30" East 8811 feet to the True Point of Beginning.
Containing 1099 square feet of land. more or less
Hanna & Brunetti
7651 Eiglebeny Street
Gilrov. California 95020-5122
Civil Engineers - Land Surveyors
408-842-2173
Fax 842-3662
P 4' 2 2 P ~ GE I 2 8 9
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City of Gilroy
County of Santa Clara
State 152
04-SCL-152-9.4
52844-2
S.P.R.R.
EXHIBIT "A"
Legal Description
Real property in the City of Gilroy, County of Santa Clara,
State of California, being a portion of Las Animas Rancho,
described as follows:
Beginning at the most Northerly corner of that parcel of land
described in the deed from Southern Pacific Railroad Company to the
County of Santa Clara dated February 17, 1964 and recorded March 4,
1964 as Series No. 2585392, Official Records of Santa Clara County,
California, also being in the Westerly line of the lands of
Southern Pacific Railroad Company; thence along the Northeasterly
line of the land described in said deed S.65053'37"E., 86.07 feet
to the Easterly line of said lands of Southern Pacific Railroad
Company, also being in the northerly line of Leavesley Road and the
TRUE POINT OF COMMENCEMENT; last along last said Easterly line
N.21041'52"W., 10.14 feet; thence S.68003'37"W., 5.81 feet to a
tangent curve; thence from a tangent that bears S.68003'37"W.,
along a curve to the right with a radius of 40 feet and central
angle of 6003'45" an arc length of 4.23 feet to the Northeasterly
line of said lands recorded as Series No. 2585392; thence along
last said Northeasterly line S.65053'37"E., 14.40 feet to the TRUE
POINT OF COMMENCEMENT.
CONTAINING 50 square feet, more or less.
This conveyance is made for the purpose of a State Highway and
the grantor hereby releases and relinquishes to the grantee any and
all abutter's rights including access rights, appurtenant to
grantor's remaining property, in and to said State Highway.
The bearings and distances used in the above description are
on the California Coordinate System of 1927, Zone 3. Multiply the
above distances by 1.0000018 to obtain ground level distances.
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EXHIBIT "E1"
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
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COURSE TABLE
COURSE BEARING OIST ANCE
L1 N21"41 '52"W 0.46
L2 N82~ 4 45 E 13.32
L3 N27"36 09 W lLB7
L4 N65"5337 W 20.30
L5 N68"03'37"[ 5.81'
L6 N65"53 37 W 14.40
-T7--~21"41152"W 10.14'
L8 N:'l"3S'45"W 4.13'
52847-1
3263 SQ. FT. :l:
CURVE TABLE
CURVE RADIUS LENGTH DEL T A
Cl 40.00' 4.23' 6"03'45"
C2 75.00' 87.13' 66033' 43"
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San Francisco Regional Office- Real Estate
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REVISED TO
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ENGINEERS . PLANNERS 0 SURVEYORS. LANDSCAPE AROI-ITECT8
5800 8TONERIDGE DRIVE. PLEA8ANTON, CALIFORNIA 04588
Il:i COI''rIlIGII CRElH[A, INC,
SCALE: DATE:
1" == 50' HOVEMBER 1994
JOB NO,:
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92038
1 OF 1
HANNA & BRUNETTI
c.:I'flL ENGINEERS at L.AND St.~VEYORS
785L ElCUBiRRY milT
GILROY, c.u.IFO~NIA. 95020
(408) 842-2173
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San Francisco Regional Office-Real Estate
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PORTION OF SUBLOT 22h
MAP 8
LAS ANlt~AS PARTITION
ACTION NO. 5538
SOU ERN PACIFIC CO.
P Ii 2 2 PA GE I 292
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HANNA & BRUNETTI PORTION OF SUBLOT 22h
MAP 8
~S ANIMAS PARTITION
ACTION NO. 5536
San Francisco Regional Office-Real Estate
DATE:
APRIL 1994
AS SHOWN
92038
SCALE:
1 __ 1
CIVIL ENGINEERS & LAND SURVEYORS
761'51 EIGLEBERRY STREET
GDWROY, CAlJFO~. 95020
(408) 842-2173
c:"'t"\II,.U~tU,1 0 A I"I~II" 1"1"\
JOB NO.
P 4 2 2 pa GE I 2 9 3
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
This is to certify that the interest in real property conveyed by the grant or deed dated
July 1, 1996 from Southern Pacific Transportation Company, a Delaware
corporation, to the City of Gilroy, a municipal corporation of the State of California, is hereby
accepted by the undersigned officer on behalf of the City of Gilroy, and the Grantess consents to
recordation thereof by its duly authorized officer.
In witness whereof, I have hereunto set my hand on
By:
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