O'Connell-Munson, Barbara
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csy 3200S"'tL
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REAL PROPERTY DEDICATIOH AGREEMENT
(Water Reservoir Project SIte B)
This Is an agreement between Barbara O'Connell Munson, Karene O'Connell
Vernor, and Madelyn O'Conne", their assIgns and heIrs, hereinafter referred to
as "OWNERS", and the City of GI1 roy, a municipal corporatIon, hereinafter referred
to a. "CITY".
WIT N E SSE T H
Owners hereby agree to dedicate. 1.277 acre water reservoir site to CIty
as specifically described In Exhibits 'W' and "B" attached hereto, and by this
specific reference made a part hereof. Owners hereby agree to make this dedica-
tion In the form of a grant deed subject to the following considerations by Cf ty.
1. City, Its agents and contractors, hereby agree to hold Owners harmless
of any lIabIlity resulting from theIr negligence durIng the construction and
future operatIon of the proposed water reservoIr upon saId 1.277 acre reservoir
site. This provisIon shall also apply to the 0.525 acre temporary construction
easemen t, I yl.,g d I rec t 1 y nor th of the above 1.277 acre p.rce 1, dur I ng the planned
reservoir construction.
2. City hereby agrees to furnish water at Its standard rates and fees for
any future urban development upon Owners' remaIning lands abutting said 1.277
acre and composed of some 1,700 acres, more or less. ThIs availabilIty of servIce
shall be by either 8 hydramatlc system or addItional reservoIr, or r.servolrs,
subject to City's determination after conferring with Owners.
Owners hereby agree to annex any such lands for urban development to the
City of Gilroy within a reasonable period of time following Owners' request for
water service. Owners further agree that any such urban development shall be In
accord with City's ordinances, rules, and regulations.
3. CIty hereby agr.o. to employ a qualIfied landscape architect to prepare
a landscape plan for the re..rvolr planned upon said 1.277 acre parcel when the
planned reservoir construction nears completIon. This landsC4lpe plan shall be
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submitted to Owners for their approval. With Owners' approval. City. at Its sole
expense. shall landScape sa I d reservo I r I n accord wIth th Is approved plan as soon
as the r.servol r contractor completes h Is contract. Every reasonab 1. effort will
be made under this landscape plan to Icreen the relervolr fram ge.n.,a) view and
create a park-like appearance.
4. This property transf.r wi) 1 be completed under an escrow wi th the
Tlt)e Insurance and Trust Company. 10 Wayland Lane. Gilroy. C.llfornla. CIty
shall pay all transfer costs under this escrow.
IN WITNESS WHEREOF. this agreement Is made this iJr~ day of March. 1969.
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CITY OF GILROY. a munIcipal corporation
By:
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CliINERS
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By:_if!mc- ~kt':1L ~,.",.
By: 0~~~D'~
ATTEST:
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- ACKNOWLEDGMENT-General -
Ch: tqis .......~~.~.~...day of.---.---..........~~~.~.~~......................A. D, 19~.~... before me,
___.............~.~.___~..~,..Y.~~~,!.~~....,......___..__.........a Notarq Public in and for the said
County and State, residing therein, duly commissioned and sworn, personally ap-
BARBARA O'CONNELL MUNSON, KARENE O"CONNELL
peared....... ,.. """... .................... .,.......... ............... ...."... ........., ........ ,... ......... ,...... '" .............. .,...........
VERNOR AND MADELYN O.CONNELL
..........................J.......,...."...........................,..........,.................,.......".......,...,....,......................,.....,..
known to me to be the persotB whose nameEi....____ar.~. ..............subscribed to the
within I.nstrument, and acknowledged to me that the Y executed the same.
.JJu .lituess .1r~.eof~ I. ha.v~ here~nto set my ~and a~ }lf1xed my official seal
the day and year In thts certt!tCa~bo;~/v~~t~:'/ '~~ / L<J.
.......,.........,.L.....--.~....--....'-..~.,................................'....................
Nofar,'1 P'ublic in and f6~ said County and State of California
My Commission ExPire......__....__....':!.~.~~___.~..~......~.~,.?.~..........______..... . . ...........,...__......__.....................
Form GA - Sam Hopkins Legal Forms Printing Service. 2328 Fruitvale Ave.. Oakland. Oalif.
DESCRIPTION OF RESERVOIR SITE ON MESA ROAD FOR CITY OF GILR0Y'
BEING a portion of Ranch Lot N.), }] as shown on Man No. 7
accol1panying the Final Report of the Referees in the Las Anil1as
Rancho Partition Suit, Action No 5536 had in the Superi0r
Court of the State of California, in and for the County of
Santa Clara, and being more particularly described as follows:
"BEGINNING at a 4" x 4" post designated "C.W.A. 3"
at the southeasterly corner of that certain 9.310 acre
parcel of land shown as Parcel 2 of Record of Survey
Map filed for Record in Book 211 of Maps at page 53,
Records of Santa Clara County, California, and runn-
ing thence along the southerly line of said Parcel
S.76059'09'~. 10.65 feet to a 1 inch iron pipe;
thence along the southwesterly line of said Parcel
N.38033'11'~. 33.00 feet; thence leaving said line'
N.65030'W. 140.00 feet; thence N.18045'W. 90.00 feet;
thence N.60000'W. 108.00 feet; thence S.6l030'W.
134.00 feet; thence South 163.29 feet; thence East
353.68 feet; thence S.50050'E. 86.59 feet; thence
S.330l2'5l"E. 40.ci2 feet to an angle point in the
southwesterly line of Mesa Road (Miller Avenue);
thence along said southwesterly line N. 0017'201~.
27.45 feet and N.330l2'5l"W. 80.80 feet to the point
of beginning, and
CONTAINING THEREIN 1.277 acres, and also
TOGETHER WITH an easement for construction purposes over,
on and across the following described Parcel of Land:
BEGINNING at a point in the southwesterly line of the
above mentioned 9.310 Acre Parcel distant thereon
N.38033'111'W. 33.00 feet from the most southerly corner
thereof and running thence along the northerly line of
the above described 1.277 acre parcel N.65030'W.
140.00 feet, N.18045'W. 90.00 feet, N.60000'W. 108.00 feet
and S.6lo30'W. 134.00 feet; thence leaving said line North
174.14 feet to a point in the southwesterly line of said
9.310 acre parcel; thence southeasterly along said south-
westerly line, along a curve to the left with a radius of
2580.00 feet from a radial bearing of N.3504l'17"E.,
through a central angle of 6032'01" for a distance of
294.21 feet; thence continuing along said southwesterly
line S.38033'11"E. 191.60 feet to the point of beginning,
and also
RESERVING TO THE GRANTORS a right of way for ingress, egress
and utilities under, over, on and across the following
described parcel of land: BEGINNI~G at the point of beginn-
ing of the above described 1.277 acre ?a~ccl of land and
running thence along the northerly lirl(; ~.. .~of S.76059'09'~,
10.65 feet, N.38033'll"H. 33.00 feet and :\ _~)o30'~v.
65.23 feet; thence leaving said line S.3do~.,J'11"E.
72.89 feet to an angle point in the southerly line of said
1.277 acre parcel; thence along said southerly line
S.50050'E. 86.59 feet to an angle point in the southwesterly
line of Mesa Road (Miller Avenue); thence along said south-
westerly line N. 0017'201'W. 27.45 feet and N.330l2'5l"W.
80.80 feet to the point of beginning".
Description compiled in January 1969, by W. J. Hanna & Son,
Surveyors, Gilroy, California.
No. 1206
6HrBIT
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1
ES 77 (12.67)
ESCROW INSTRUCTIONS
TITLE INSURANCE AND TRUST COMPANY:
P. O. Box 275 Gilroy, California
Order No.
320084 GY
Date
November 30, 1970
You are authorized and instruc ted to record the deed from Western Title
Co. to the City of Gilroy covering 1.277 acres of the prope~,y described
in your title report with the above number. Herewith %.s.i.~.i..
resolution of acceptance to be attached to said deed. xW.&X We
acknowledged Real Property Deaication Agreement executed by Norman
Goodrich and Barbara O'Connell Munson, et a1. Please issued
standard owners title policy covering property described in said deed
insuring the City of Gilroy, a municipal corporation, with a liability
of $8,000.00 subject to 1970-71 taxes and items 2 and 3 of the title
report dated 12/17/68. Bill the City of Gilroy $61.50 for title fee.
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250 Qd. 64 x84 Ro. 103
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TO 1012-1 1.8 C
California Land Title AssocIation'
Standard Coverage Pollcy-1963
SCHEDULE A'
Premium $ 61. 50
Amount $8,000.00
Effective
Date
December 3, 1970
at 8:00 a.m.
INSURED
Policy No. B- 3200 84 GY
CITY OF GILROY
1. Title to the estate or interest covered by this policy at the date hereof is vested in:
CITY OF GILROY,
a municipal corporation
2. The estate or interest in the land described or referred to in Schedule C covered by this policy is
a fee,
SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
PART I
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes 01 assesSIDents on real property or by the public records.
2, Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a
correct survey would disclose, and which are not shown by the public records.
5. Unp8tented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance
thereof; water rights, claims or title to water.
" ._.._!!i!l._!!\_,.wc,_,~
Application No. B-320084 GY
10 1012-18 ec,nt, C
California Land Tille Association
5tandard Coverage Pollcy-1963
S C H E D U L E B - (Continued)
PART II
1. General and special county taxes for the fiscal year
1970-71
Assessment No.
Code No.
First Installment
Second Installment
803-39-25
67-11
$2,414.03 Due and Payable
$2,414.03 Payable, but not yet
due
2. Right of the public over so much of premises as lies within
the bounds of Miller Avenue.
3. Agreement dated December 26, 1928 and recorded February 5, 1929
in Book 446 of Official Records, page 309, entered into by and
between William S. Tevis, Jr., a single man, as first party and
Miller & Lux, Incorporated, a corporation, and Western Finance &
Investment Co., a corporation, second parties, wherein first party
agrees to permit second parties to connect and maintain the connection
with the water pipe line now extending from the lands of the first
party, in Lot 11 of the Las Animas Rancho, in the County of Santa
Clara, State of California, to the lands of the second parties
contiguous thereto and in the same Rancho, County and State, and
to enter into the land of said first party to make repairs to
said pipe line, and reference to the record thereof is hereby
made for further particulars.
Application No. B-320084 GY
TO 1012-1, 1056, 1013-C4 (5-70)
American land Title Association loan Policy-1970
With AL TA Endorsement ~ Form 1 Coverage
or
American land Title Association Owner's Policy
Form B-1970
~i
or
California land Title Association
Standard Coverage Policy-1963
SCHEDULE C
The land referred to in this policy is described as follows:
THE DESCRIPTION OF THE LAND REFERRED TO IN THIS POLICY IS
SET FORTH IN EXHIBIT A, WHICH IS ATTACHED HERETO AND MADE
A PART HEREOF.
de
Application No. GY-320084
A
EXllIRIT ^
All that certain real property situate in the County of Santa Clara,
State of California, described as follows:
BEING a portion of Ranch Lot No. 11 as shown on Map No. 7 accompanying
the Final Report of the Referees in the Las Animas Rancho Partition Suit,
Action ~o. 5536 had in the Superior Court of the State of California,
in and for the County of Santa Clara, and being more particularly
described as follows:
"BEGINNING at a 4" x 4" post designated "CoI','.A. 3" at the southeasterly
corner of that certain 9.310 acre parcel of land shown as Parcel 2 of
Record of Survey Map filed for record in Book 211 of '-Ians at nage 53,
Records of Santa Clara County, California, and running thence along the
southerly line of said Parcel South 760 5~)' 09" \vest 10.()S feet to a 1 inch
iron pipe; 'thence along the southwesterly line of said Parcel ~lorth 380
33' II" ~iest 33.00 feet; thence leavings said line :1orth 650 30' \'.'est
140.00 feet; thence North 180 45' West 90.0'] feet; thence Xorth 600 00'
West 108.00 feet; thence South 61030' Vlest 134.0n feet; thence South 163.2(
feet; thence East 353.68 feet; thence Sout}-, 5()0 .sU' I:ast 36.50 feet;
thence South 330 12' 51" East 40.42 feet to an angle noint in the south-
westerly line of Mesa Road (Miller Avenue); t~ence along said south-
westerly line North 00 17' 20" \\'est 27.45 feet and North 330 12' 51'1
West 80.80 feet to the point of beginnin~'.
CLTA 107.8 (4-10-69)
(5-69)
ALTA OR STANDARD COVERAGE
INDORSEMENT
ATTACHED TO POLICY NO. B- 320084 GY
ISSUED BY
Title Insurance and Trust Company
The following exclusion from coverage under this policy IS added to Paragraph 3 of the
Conditions and Stipulations:
"Consumer credit protection, truth III lending or similar law,"
The total liability of the Company under said policy and any indorsements therein shall not
exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated
under the conditions and stipulations thereof to pay,
This indorsement is made a part of said policy and is subject to the schedules, conditions and
stipulations therein, except as modified by the provisions hereof.
Title Insurance and Trust Company
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By
SECRETARY
c;y- 3200E,4--
-
This ia t:lot a survey of the land but is czomJllikd
. for information from data shown by the official
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