Roberts Family Trust, Janet P Roberts Trustee
'.
.'
First American NCS-264775-SC
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
South County Regional Wastewater Authority
Attn: Saeid Vaziry
7351 Rosanna Street
Gilroy, CA 95020
FlHST AMER AN TITLE COMPANY
HEREBY CER I ~l~~T THIS IS A TRUE AND
CORRECT C ~ ORIGINAL DOCUMENT
BY:
SERIES NO.:
RECORD WITHOUT FEE UNDER SECTIONS 6103 &
27383 OF THE CALIFORNIA GOVERNMENT CODE
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Mail Tax Statements to:
CITY CONVEYANCE
DOCUMENTARY TRANSFER TAX $0.00
Tax: $ 0.00
X Computed on the consideration or
value of property conveyed;
South County Regional
Authority
Attn: Saeid Vaziry
7351 Rosanna Street
Gilroy, CA 95020
Wastewater
OR
City: Gilroy _ Computed on the consideration or
value less liens or encumbrances
remaining at time of sale.
EXEMPT.FROM TRANSFER TAX PURSVpT T9nf&TC 119~ .
'~~~uh\rudlL b-u ~~[W~ U~ VA
Janet P. Roberts, Trustee of the 'Roberts Family Trust dated -fuij
November 24, 1982 by Sharon McCarthy - Attorney in Fact
for Janet P. Roberts
Portion of APN 841-38-009 & 841-37-010
EASEMENT AGREEMENT
This Easement Agreement ("Easement Agreement") is made as of this Z lffh day of Ma..rc.,fv ,
2009 by and between JANET P. ROBERTS, TRUSTEE OF THE ROBERTS FAMILY TRUST
DATED NOVEMBER 24, 1982 ("Grantor") and the SOUTH COUNTY REGIONAL
W ASTEW A TER AUTHORITY, a California Joint Exercise of Powers Authority, organized and
created pursuant to the laws of the State of California ("Grantee").
RECITALS
A. Grantor owns, as its sole and separate property, that certain real property located in
the County of Santa Clara, State of California, Assessor's Parcel Numbers 841-38-009 and 841-37-
010, which property is further described on Exhibit "A", attached hereto, ("Grantor's Property"),
which property, as of the date of this Easement (set forth above), is used for agricultural purposes
and contains one well ("Well") and assorted improvements for irrigation purposes.
IVPAPP1786995.1
030509-06943001
1
.,
B. Grantee desires a non-exclusive easement to construct and maintain underground
water pipelines, associated paving, and other necessary fixtures and appurtenances on a portion of
Grantor's Property. Grantor has agreed to grant to Grantee the rights to construct and maintain
such improvements over a portion of Grantor's Property on the terms and conditions set forth
below.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other
good and valuable consideration receipt and sufficiency of which is hereby acknowledged,
Grantor and Grantee agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee the following:
(a)
(b)
(c)
IVPAPP1786995.1
030509-06943001
Subject to the reservation and exception set forth in Section l(b) below, a
non-exclusive easement in gross to construct, maintain, operate, inspect,
repair, replace and remove improvements, as Grantee may from time to time
require, consisting of underground water pipelines, associated paving, and
other necessary fixtures and appurtenances related thereto
("Improvements") over and across that portion of Grantor's Property
described and depicted in the attached Exhibit "B-1" (referred to herein as
the "Pipeline Easement" or the "Waterline Easement"). Said Pipeline
Easement shall also permit Grantee to trim any foliage or roots as may be
necessary for the protection of the Improvements. Said Pipeline Easement
shall not be deemed to: (i) prevent Grantor's right to surface ingress and
egress across the Easement for purposes of accessing portions of Grantor's
Property (ii) permit Grantee to disrupt or interfere with the existing utilities
serving the Well; or (iii) disrupt or interfere with the existing water pipelines
or other existing water irrigation improvements extending from the Well to
those portions of Grantor's Property unencumbered by the Easement.
Grantor reserves and excepts from said grant of easement the full rights to
install surface and/or underground improvements of any nature over and/or
underneath and/or across said non-exclusive easement provided that the
same do not damage or interfere with Grantee's Improvements or interfere
with Grantee's ability to construct, maintain, operate, inspect, repair or
replace the same.
An exclusive temporary construction easement in gross over and across that
portion of Grantor's Property described and depicted in the attached Exhibit
"B-2" (referred to herein as the "TCE") for access and construction staging
for purposes of constructing the improvements on the Pipeline Easement,
which TCE shall commence on the date of recordation of this Easement
Agreement and terminate on March 18, 2010. During the term of the TCE
and any extension thereof, Grantee shall permit Grantor and Grantor's
agents, lessees, licensees and invitees reasonable (but otherwise unrestricted)
ingress and egress across the TCE in order to access the remainder of
Grantor's land. However, nothing herein shall require Grantee to pennit
such access for ingress or egress at times or in places where, in Grantee's
2
reasonable discretion, such ingress and egress would constitute a hazard
either to the party accessing the TCE or to those involved in construction
thereon.
(d) The right to extend the TCE upon further payment of EIGHTY -ONE AND
75/100 DOLLARS ($81.75) per month (or any portion thereof) for a period
of up to eighteen (18) months. Upon prior written notice by Grantee to
Grantor, Grantee may extend said TCE on a month to month basis for a
period that shall not exceed eighteen (18) additional months; payment for
such extension shall be made in advance on or prior to the commencement of
each month that the TCE is so extended.
2. Indemnity. Grantee shall indemnify, defend and hold harmless Grantor from and against
any claims, liabilities, damages, costs or expenses arising out of, connected with or resulting from
the use by Grantee or its employees or invitees of the Pipeline Easement or the TCE.
3. Bindim! Effect. This Easement Agreement and the terms herein shall inure to the benefit
of Grantee and Grantor and their respective successors, assigns, legatees, heirs, executors,
administrators and estates. The covenants and obligations of Grantor set forth in this Easement
Agreement shall be covenants that run with the land and shall be binding upon Grantor and all
successors of Grantor in ownership of Grantor's Property in accordance with Section 1468 of the
California Civil Code. Upon the sale, transfer or conveyance of any portion of the Grantor's
Property, the transferor owner of such portion of the Grantor's Property shall be released from
any such covenants or obligations with respect to that portion of the Grantor's Property so sold,
conveyed or transferred.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the
date first written above.
Grantor:
JANET P. ROBERTS, TRUSTEE OF THE ROBERTS FAMILY
TRUST DATED NOVEMBER 24, 1982
Dated: ~ By: ~
M
Janet P. Roberts, Trustee of the Rob s Family Trust dated November
24, 1982 by Sharon McCarthy, Attorney in Fact for Janet P. Roberts
Grantee:
Dated: Z;Z.J.tyJ_
SOU COUNTY REGIONAL WASTEWATER AUTHORITY, a
iforni 'nt Exercise of Powers Authority
IVPAPPI786995,1
030509-06943001
3
STATE OF CALIFORNIA }
COUNTY OF SIl.JL.JaJJitl~ ss.
On ftAtLf2lff- /7/ 'Ut11 , before me, {2oS.f e;-L. ~UJ-f-eN--V
Notary Public, personally appeared ~tU At tt./3Irf!-71ft-r ' who proved to
me on the basis of satisfactory evidence to be the personOO whose nameCk) is/~ subscribed to
the within instrument and acknowledged to me that ~she/t~ executed the same in
1~/her/tlJilr authorized capacity(ies), and that by ~/her/thp{r signatureOO on the instrument the
person(s), or the entity upon behalf of which the person()d acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is tme and correct.
WITNESS my hand and official seal.
~(jQL~~
(Signature)
(Seal)
.. II! l. M ENO
commlulon 1# 174296.
I Notary Public . california. I
Santa Clara County ~
~I' r !. _~~~~~~t1J
ST A TE OF CALIFORNIA
COUNTY OF SANTI> C<.AoVl }
ss.
On (v\Ar<.e,H :lA, 2- ooq , before me, PA-rR \~IA K. B';fvrSO,J
Notary Public, personally appeared T 01-11t1S ,J. i AG\...IINt> ., who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is e subscribed to
the within instrument and acknowledged to me that(~she/they executed the same in
(lEiJher/their authorized capacity(ies), and that b@er/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
0ITN,~SS ,my hand ~
(-~~~ .
(Signature)
(Seal)
:..... .......'. .....e....Jl..llft. .'.'....... ".
, ..... NaIc. c~ I
IJ.:. r~tMh.I
Exhibit "A"
Order Number: NCS-264775-SC
Page Number: 7
LEGAL DESCRIPTION
Real property In the unIncorporated area of the County of Santa dara, state of CalifornIa,
described as follows:
A PART OF RANQ-I LOT 55 AND ALL OF RANCH LOT 61 OF TIlE PARTITION OF THE LAS ANIMAS
RANCHO IN ACTION OF HENRY MILLER, IT AI.., VS. MASSEY TIiOMAS ET AL, CASE NO. 5536,
DESCRIBED I>S FOLlOWS;
BEGINNING AT AN IRON SPIKE DRNEN IN THE BRIDGE AT THE INTERSECTION OF THE
CENTER UNE OF THE FORMER MILLER PRIVATE ROAD Wffil THE CENTER UNE OF THE
PAJARO RIVER AS ESTABUSHED IN SAID PARlIT10N ACTION, SAID POINT OF BEGINNING
BEING TI-lE POINT WHERE THE SOUlllEAST BOUNDARY OF JAS. A. a.AYTON &. CO'S.
SUBDMSION OF PART OF SAID RANCH LOT 55, THE MAP OF WHICH IS ON FILE IN BOOK U OF
MAPS, PAGES 54 TO 56, LEAVES SAID CENTER UNE OF THE PAJARO RIVERi THENCE FROM
SAID POINT OF BEGINNING, S. 480 56' W. ALONG lliE SOUTHEAST UNE OF SAID JAS. A.
C1.AYTON &. CO'S. SUBDMSION, 45.28 CHAINS TO A WHITE STAKE MARKED M.C.M.M.
STANDING AT THE EASTERLY CORNER OF RANCHO LOT 56 OF SAID PARlTTION; TI-lENCE S.
450 40' W. 21.85 mAINS TO A STAKE MARKED M.C.M. IN THE NORTHERLY UNE OF RANO-l
LOT 61 OF SAID PARTITIONi THENCE ALONG TIlE NORTHERLY UNES OF SAID RANCH LOT 61,
N. 860 45' W. 4.62 CHAINS AND S. 8go 30" W. 17.74 CHAINS TO THE CENTER UNE OF BOLSA
RDAD, FORMERLY KNOWN /JS THE HOLUSTER ROAD, AS SAID CENTER UNE WAS
ESTABLISHED FOR A 60 FOOT ROAD IN SAID PARTITION ACTION; THENCE ALONG THE
CENTER UNE OF SAID ROAD AS ESTABUSHED IN SAID PARTITION ACTION AS FOLLOWS: S.
360 5' E. 9.007 CJ-IAINS; S. 230 55' E. 3.335 OlAINS; S. 220 3' E. 11.105 CHAINS; AND S. 740
2'3 E. 31.29 CHAINS TO A POINT FROM WHICH THE COMMON CORNER FOR RANCH LOTS 62
AND 63 OF SAID PARlIT10N IN THE SOlfTHERLY UNE OF SAID ROAD AS ESTABUSHED IN
SAID PARlIT10N ACTION, Bt;ARS S. 150 35' W. 30 FEET; THENCE S. 740 25' E. CONTINUING
ALONG SAID CENTER UNE OF SAID ROAD TO THE INTERSECTION TI-lEREOF WITH THE
CENTER UNE OF TIlE PAJARO RIVER, AS ESTABUSHED BY SAID PARlTTION ACTION; THENCE
ALONG SAID CENTER UNE OF THE PAJARO RIVER, />S FOLLOWS; N. 240 E. TO AN ANGLE
POINTTIlEREINi N. BO W. 20.10 CHAINS; N. 5BO 30' E. 7.80 CHAINS; N. 70 E. 19 CHAINS; N.
60030' W. 10.50 CHAINS; N. 120 45' W. 6.80 OlAINS; N. 420 E. 4 CHAINS; S. 860 IS' E. B.92
CHAINSi N. 370 45' E. 5.30 CHAINS; N. 70 15' E. 12.37 CHAINS; AND N. 270 IS' E. 0.51 OF A
CHAIN TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITliIN THE RIGHT OF WAY OF THE
SOlJfHERN PADRe COMPANY, FORMERLY THE SOlJfHERN PACIFIC RAILROAD COMPANY.
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF LYING WffilIN lHE BOUNDS OF TI-lE
BOlSA ROAD, FORMERLY KNOWN AS TI-lE HOLUSTER ROAD.
APN: 841-38-009 anq 841-37-010
ARB: 841-37-10
Arst Ameni::an Title Insurance Company
Exhibit "B-1 "
Legal Description and Plat of Pipeline Easement
LEGAL DESCRIPTION
FOR WATERLINE EASEMENT
ALL THAT REAL PROPERTY SITUATED IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA. BEING A
PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO TOM R. ROBERTS JR. AND
JANET P. ROBERTS RECORDED FEBRUARY 20,1976 IN BOOK 877 OF OFFICIAL RECORDS AT PAGE 493 IN
THE OFFICE OF THE RECORDER OF SANTA CLARA COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 17, AS SHOWN IN THAT CERTAIN MAP ENTITLED
"MAP OF JAS. A. CLAYTON AND CO. SUBDIVISION OF A PART OF LAS ANIMAS RANCH LOT NO. 55" FILED
MAY 24.1926, IN BOOK U OF MAPS AT PAGE 54, SANTA CLARA COUNTY RECORDS; THENCE LEAVING SAID
POINT OF BEGINNING SOUTH 42054'46" EAST, 15.00 FEET ALONG THE PROLONGATION OF THE
NORTHERLY RIGHT OF WAY OF SHELDON AVENUE AS SHOWN ON SAID MAP. THENCE SOUTH 49016'14"
WEST, 309.91 FEET ALONG A LINE PARALLEL WITH AND 15.00 FEET PERPENDICULAR TO THE
NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED RECORDED
FEBRUARY 20,1976 IN BOOK 877 OF OFFICIAL RECORDS AT PAGE 493, SANTA CLARA COUNTY RECORDS;
THENCE THE FOLLOWING THREE COURSES
1) SOUTH 40043'46" EAST, 21.00 FEET
2) SOUTH 4916'14" WEST. 26.00 FEET
3) NORTH 40043'46" WEST, 21.00 FEET
THENCE SOUTH 49016'14" WEST, 78.95 FEET ALONG A L1N~ PARALLEL WITH AND 15.00 FEET
PERPENDICULAR TO SAID NORTHWESTERLY LINE; THENCE SOUTH 46000'14" WEST, 858.26 FEET ALONG
A LINE PARALLEL WITH AND 15.00 FEET PERPENDICULAR TO SAID NORTHWESTERLY LINE; THENCE
SOUTH 27"58'00" WEST, 36.60 FEET; THENCE SOUTH 42055'45" EAST, 1012.17 FEET ALONG A LINE
PARALLEL WITH AND 15.00 FEET PERPENDICULAR TO THE NORTHERLY LINE OF THE UNION PACIFIC
RAILROAD RIGHT OF WAY; THENCE THE FOLLOWING THREE COURSES
1) NORTH 47004'15" EAST, 21.00 FEET
2) SOUTH 42055'45" EAST, 26.00 FEET
3) SOUTH 47004'15" WEST. 21.00 FEET
THENCE SOUTH 42055'45" EAST, 1600.76 FEET ALONG A LINE PARALLEL WITH At>lD 15.00 FEET
PERPENDICULAR TO THE NORTHERLY LINE OF THE UNION PACIFIC RAILROAD RIGHT OF WAY; THENCE
NORTH 75059'16" EAST, 152.96 FEET TO A POINT ON THE SANTA CLARA COUNTY FLOOD CONTROL AND
WATER DISTRICT EASEMENT BEING THE WESTERLY TOP OF BANK OF THE PAJARO RIVER AS DESCRIBED
IN BOOK 9234 OF OFFICIAL RECORDS AT PAGE 479, SANTA CLARA COUNTY RECORDS; THENCE ALONG
SAID WESTERLY TOP OF BANK OF THE PAJARO RIVER SOUTH 00019'33" WEST 164.93 FEET TO A TANGENT
CURVE TO THE LEFT FROM WHICH A RADIAL LINE BEARS NORTH 89040'27" WEST THENCE ALONG SAID
CURVE HAVING A RADIUS OF 175.00 FEET THROUGH A CENTRAL ANGLE OF 22012'26" WITH AN ARC
LENGTH OF 67.83 FEET TO THE NORTHERLY LINE OF THE UNION PACIFIC RAILROAD RIGHT OF WAY;
THENCE ALONG SAID RIGHT OF WAY NORTH 42055'45" WEST 2916.13 FEET TO THE NORTHWESTERLY LINE
OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN BOOK 877 OF OFFICIAL RECORDS PAGE 493, SANTA
CLARA COUNTY RECORDS; THENCE ALONG SAID NORTHWESTERLY LINE THE FOLLOWING TWO
COURSES
SHEET 1 OF 4
1) NORTH 46000'14" EAST 908.01 FEET
2) NORTH 49016'14" EAST 414.71 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 78,900 SQUARE FEET, MORE OR LESS.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE
REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYORS' ACT.
1?r~~ p &~
OMINIC P GRIGG
PLS 8032
EXPIRES: 12/31/2008
9/7/01
DATE
SHEET 2 OF 4
iU1J.tlll !...!J'1 ::l,:l
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SCALE 1"
200'
WATERLINE EASEMENT
78,900 sq. ft.
181 ocres
BASIS OF BEARINGS:
LANDS OF ROBERTS
877 OR 493
CK)8. NK).5223512
THE BEARING NORTH 42'54'46" WEST ON THE
CEN TERLlNE OF SHELDON A VENUE AS SHOWN
ON THAT CERTAIN MAP ENTITLED "MAP OF
JAS. A. ClA nON AND CO. SUBDIVISION OF A
P ART OF lAS ANIMAS RANCH lOT NO. 55"
FilED MAY 24, 1926 IN BOOK ''u'' OF MAPS
AT PAGE 54, SANTA CLARA COUN TY
RECORDS.
LINE TABLE
LINE LENGTH
Ll 15.00
L2 309.91
L3 21.00
l4 26.00
L5 21.00
L6 78.95
L 7 36.60
BEARING
S42"54'46"E
S49'16'14"W
S40'43'46"E
S49'16'14"W
N40'43'46"W
S49'16'14"W
S2T58'00"W
BEYOHD EHGIHEERIHQ
SCRWA
WATER LINE EASEMENT
EXHIBIT B
SHE[l NUMBER
3
PREPARED FOR: MWH
DATE SUBMITTED: 8,,1-07
or ~ SHEETS
JOB NUIJBER
SJB025901
LlO
LINE TABLE
LINE LENGTH
L8 21.00
L9 26.00
L10 21.00
Ll1 152.96
L12 164.93
BEARING
N4T04'1S"E
S42"55' 45"E
S4T04'1S"W
N7S"59'16"E
SOO'19'33"W
LANDS OF ROBERTS
877 OR 493
DOC. NO. 5223512
WA TERUNE EASEMENT
78.900 sq. It.
1. 81 ocres
\J
>>
c-
>>
?J
o
?J
"2
rl
-;:0
SCALE 1" 200'
TOP OF
BASIS OF BEARINGS:
THE BEARING NORTH 42"54'46" WEST ON THE
CENTERLINE OF SHELDON AVENUE AS SHOWN
ON THAT CERTAIN MAP ENTITLED "MAP OF
JAS. A. CLAYTON AND CO. SUBDIVISION OF A
PART OF LAS ANIMAS RANCH LOT NO. 55"
FILED MAY 24, 1926 IN BOOK "U" OF MAPS
AT PAGE 54. SANTA CLARA COUNTY
RECORDS.
aElONO ENGINEERING
SCRWA
WATER LINE EASEMENT
EXHIBIT B
4
PREPARED FOR: MWH
DA TE SUBMITTED: 8-1-07
Of "SHEETS
Joe NUMBER
SJB025901
Exhibit B-2
Legal Description and Plat of TCE
LEGAL DESCRIPTION
FOR A TEMPORARY CONSTRUCTION EASEMENT
PARCEL 1:
ALL THAT REAL PROPERTY SITUATED IN THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN
THE DEED TO TOM R. ROBERTS JR. AND JANET P. ROBERTS RECORDED FEBRUARY 20,
1976 IN BOOK 877 OF OFFICIAL RECORDS AT PAGE 4931N THE OFFICE OF THE
RECORDER OF SANTA CLARA COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 17 AS SHOWN IN THAT
CERTAIN MAP ENTITLED "MAP OF JAS. A. CLAYTON AND CO. SUBDIVISION OF A PART
OF LAS ANIMAS RANCH LOT NO. 55" FILED MAY 24,1926, IN BOOK U OF MAPS AT PAGE
54, SANTA CLARA COUNTY RECORDS; THENCE LEAVING SAID POINT OF
COMMENCEMENT ALONG THE PROLONGATION OF THE NORTHWESTERLY RIGHT OF
WAY OF SHELDON AVENUE AS SHOWN ON SAID MAP, SOUTH 42054'46" EAST, 1500
FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID
PROLONGATION OF THE NORTHWESTERLY RIGHT OF WAY, SOUTH 42054'46" EAST,
25.01 FEET; THENCE SOUTH 49016'14" WEST, 414.90 FEET ALONG A LINE PARALLEL
WITH AND 40.00 FEET PERPENDICULAR TO THE NORTHWESTERLY LINE OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED RECORDED FEBRUARY 20,1976 IN
BOOK 877 OF OFFICIAL RECORDS AT PAGE 493, SANTA CLARA COUNTY RECORDS;
THENCE CONTINUING ALONG A LINE PARAlLEL WITH AND 40.00 FEET PERPENDICULAR
TO SAID NORTHWESTERLY LINE, SOUTH 460 DO' 14" WEST, 853.78 FEET; THENCE SOUTH
2J058'57" WEST, 25.41 FEET; THENCE SOUTH 42055'45" EAST, 990.91 FEET ALONG A LINE
PARALLEL WITH AND 30.00 FEET PERPENDICULAR TO THE NORTHERLY LINE OF THE
UNION PACIFIC RAILROAD RIGHT OF WAY TO POINT HEREIN AFTER REFERRED TO AS
POINT "A"; THENCE SOUTH 47004'15" WEST, 15.00 FEET; THENCE NORTH 42055'45"
WEST. 1012.17 FEET ALONG A LINE PARALLEL WITH AND 15.00 FEET PERPENDICULAR
TO SAID NORTHERLY LINE OF THE UNION PACIFIC RAILROAD RIGHT OF WAY; THENCE
NORTH 2r58'57" EAST, 36,60 FEET; THENCE NORTH 46000'14" EAST, 858.26 FEET ALONG
A L1N E PARALLEL WITH AND 15.00 FEET PERPENDICULAR TO THE NORTHWESTERLY
LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED RECORDED
FEBRUARY 20, 1976 IN BOOK 877 OF OFFICIAL RECORDS AT PAGE 493, SANTA CLARA
COUNTY RECORDS; THENCE CONTINUING ALONG A LINE PARALLEL WITH AND 15.00
FEET PERPENDICULAR TO SAID NORTHWESTERLY LINE, NORTH 49016'14" EAST, 78.95
FEET; THENCE SOUTH 40043'46" EAST. 21.00 FEET; THENCE NORTH 49016'14" EAST.
26.00 FEET, THENCE NORTH 40043'46" WEST, 21.00 FEET; THENCE NORTH 49016'14"
EAST. 309.91 FEET ALONG A LINE PARALLEL WITH AND 15.00 FEET PERPENDICULAR TO
THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE
DEED RECORDED FEBRUARY 20, 1976 IN BOOK 877 OF OFFICIAL RECORDS AT PAGE
493, SANTA CLARA COUNTY RECORDS TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 47,020 SQUARE FEET (1.079 ACRES), MORE OR LESS.
SHEET 1 OF 4
PARCEL 2:
COMMENCING AT A POINT "A" AS DESCRIBED ABOVE IN PARCEL 1; THENCE LEAVING
SAID POINT OF COMMENCEMENT ALONG A LINE PARALLEL WITH AND 30.00 FEET
PERPENDICULAR TO THE NORTHERL Y LINE OF THE UNION PACIFIC RAILROAD RIGHT
OF WAY, SOUTH 42055'45" EAST, 26.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG A LINE PARALLEL WITH AND 30.00 FEET PERPENDICULAR
TO SAID NORTHERLY LINE OF THE UNION PACIFIC RAILROAD RIGHT OF WAY, SOUTH
42055'45 EAST, 1591.91' FEET; THENCE NORTH 75059'16" EAST 127.30 FEET; THENCE
ALONG A LINE PARALLEL WITH AND 20.00 FEET PERPENDICULAR TO THE WESTERLY
TOP OF BANK OF THE PAJARO RIVER AS DESCRIBED IN BOOK 9234 OF OFFICIAL
RECORDS AT PAGE 479, SANTA CLARA COUNTY RECORDS, THE FOLLOWING TWO
COURSES;
1) NORTH 00019'33" EAST, 57.62 FEET
2) NORTH 03006'40" EAST, 73.55 FEET
THENCE SOUTH 86053'20" EAST, 20.00 FEET TO A POINT ON SAID WESTERLY TOP OF
BANK OF THE PAJARO RIVER; THENCE ALONG SAID WESTERLY TOP OF BANK OF THE
PAJARO RIVER, THE FOLLOWING TWO COURSES;
1) SOUTH 03006'40" WEST, 73.07 FEET
2) SOUTH 00019'33" WEST. 232.43 FEET TO A POINT ON A TANGENT CURVE TO
THE LEFT
THENCE ALONG SAID CURVE HAVING A RADIUS OF 175.00 FEET THROUGH A CENTRAL
ANGLE OF 22012'26" WITH AN ARC LENGTH OF 67.83 FEET TO THE NORTHERLY LINE OF
THE UNION PACIFIC RAILROAD RIGHT OF WAY; THENCE ALONG SAID NORTHERLY LINE
OF THE UNION PACIFIC RAILROAD RIGHT OF WAY. NORTH 42055'45" WEST, 322.63 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF THE UNION PACIFIC RAILROAD RIGHT OF
WAY. NORTH 47"04'15" EAST, 15.00 FEET; THENCE NORTH 42055'45" WEST, 1529.27 FEET
ALONG A LINE PARALLEL WITH AND 15.00 FEET PERPENDICULAR TO SAID NORTHERLY
LINE OF THE UNION PACIFIC RAILROAD RIGHT OF WAY; THENCE NORTH 47004'15" EAST,
15.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 47,870 SQUARE FEET (1.099 ACRES), MORE OR LESS.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN
CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYORS'
ACT.
~. Or
/ ~ll"'"
MINIC P GRIGG~
PLS 8032
EXPIRES: 12/31/2008
q /1 /07
DATE .
SHEET 2 OF 4
j.L\iltl}j .UlJ ~,Ej
1.111j .!]jj J!HJ1
LINE
L1
L2
L3
L4
L5
LS
L7
L8
L9
47,020 S.F.
1.079 ACRES
LANDS OF ROBERTS
877 OR.493
DOC. NO. 5223512
BASIS OF BEARINGS:
:-;;\ !},
~\ .)~ PARCEL 1 POC
,,~?'
~?--::L1
~ P .A,RCEL 1 TPOB
LINE TABLE
LENGTH
15.00
25,01
25.41
15.00
.36.60
78.95
21.00
2S.00
21,00
L2
BEARING
S42'54'4S"E
S42'54'46"E
S2T58'57"W
S4T04"5"W
N2T58'57"E
N49'16'14"E
S40'4.3'46"E
N49"S'14"E
N40'43'46"W
SCALE: '''=200'
THE BEARING NORTH 42'54'46" WEST ON THE
CENTERLINE OF SHELDON AVENUE AS SHOWN
ON THAT CERTAIN MAP ENTITLED "MAP OF
JAS. A. CLAYTON AND CO. SUBDIVISION OF A
PART OF LAS ANIMAS RANCH LOT NO. 55"
FILED MAY 24, 1926 IN BOOK ''u'' OF MAPS
AT PAGE 54, SANTA CLARA COUNTY
RECORDS.
POINT "A"
PARCEL POC
SHE[ 1 NUMBE R
SCRWA
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT B
BEYOMD EMQIWEERIMQ
, PREPARED FOR: MWH
3
DA TE SUBMITTED: 8-31-07
OF 4 SHEETS
JOB NUloCBER
SJB025901
POINT "A"
PARCEL POC
PARCEL TPOB
PARCEL 2
47,870 S.F.
1.099 ACRES
LINE
L10
L11
L12
L13
L14
L15
L16
L17
L18
LANDS OF ROBERTS
877 OR 493
O()C. NK). 5223512
SCALE: 1" = 200'
BASIS OF BEARINGS:
THE BEARING NORTH 42'54'46" WEST ON THE
CENTERLINE OF SHELDON AVENUE AS SHOWN
ON THAT CERTAIN MAP ENTITLED "MAP OF
JAS. A. CLA nON AND CO. SUBDIVISION OF A
PART OF LAS ANIMAS RANCH LOT NO. 55"
FILED MAY 24, 1926 IN BOOK ''u'' OF MAPS
A T PAGE 54, SANTA CLARA COUNTY
RECORDS.
LINE TABLE
LENGTH
26.00
127.30
57.62
73.55
20.00
73.07
232.43
15.00
15.00
DELTA
22'12'26"
BEARING
542"55' 45"E
N75'59'16"E
NOO'19' .3.3"E
N03'06'40"E
586'53'20"E
503"06' 40"W
500'19' 3.3"W
N4 T04'15"[
N4T04'15"E
"1.\.
L-
C
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0-
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-,.,. l'i (::..
r ~L,..",
~ ~~
?J ~
o (::..b
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<. t..-LU.
fT\ ~p
?J e;.. ~
\.l.\.
\;::.
\,\.1.
~
.....;.
L14
WESTERLY
TOP OF BANK
lD
-.J
SHE[1 NWBER
SCRWA
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT B
4
BEYOHO ENGINEERING
PREP ARED FOR: MWH
DATE SUBMITTED: 8-31-07
or 4 SHEETS
JOB NWBER
SJB025901
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the
South County Regional Wastewater Authority by
Janet P. Roberts, Trustee, The Roberts Family Trust
Dated November 24, 1982
THIS IS TO CERTIFY that the interest in real property conveyed by the
Easement Agreement Dated March ~, 2009 from Janet P. Roberts, Trustee of the
Roberts Family Trust dated November 24, 1982 ("Trust"), to the South County Regional
Wastewater Authority ("Authority"), a California Joint Exercise of Powers Authority is
hereby accepted by the undersigned officer on behalf of the Authority pursuant to
authority conferred by Resolution No. 97-2 of the Authority adopted December 2, 1997,
and the grantee consents to recordation thereof by its duly authorized officer.
In witness whereof, I have hereunto set my hand on March~, 2009.
By:
Thomas J. H lund,
Authority Manager
IVPAPP1788051.1
031709-06943001
. ,
STATE OF CALIFORNIA
}
ss.
COUNTY OF 5AI\I,A e."I'1f(A
On t1AA~eH 1. 4, ~oo9 , before me, P,4I~ \e l A \-\. B6NISON ,
Notary Public, personally appeared-rH-oI1l\flS 1. HAGl..v'Nl> , who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s)~e subscribed to
the within instrument and acknowledged to ~ that Ihclshe/they executed the same in
~er/their authorized capacity(ies), and that bYl~er/th~-rr' signature(s) on the instrument the
'Iferson(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
TNESS .my hand and offici~l ~L .
&t~.uJ ~~
(Signature)
(~~
(Seal)
8.. . .CMuMIIOn'. ,,......
.. -- ""'* . CcIItcNnIa I
..... ClarO County
~~: :~~r=~lrJJ
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