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Barberi, Norman V. Revocable Living Trust, Trustees Julius Rocca, Jr. and Michael Rocca ... . Order No. Escrow or Lo<1n No. 895437-JW RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: DOCUMENT: 17949017 Pages: 1 0 ~ 11111111111 ~II U Fees. . Taxes. . Copies. AMT PAID 34.00 City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 34.00 Do Not Charge Recording Fees Pursuant to Government Code section 27283 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City ROE ** 007 8/13/2004 12:23 PM Mail Tax Statements to: SPACE ABOVE THIS LINE FOR RECORDER~S USE City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 A.P.N.808-21-016 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Julius Rocca, Jr., and Michael Rocca, Successor Trustees of The Norman V. Barberi Revocable Living Trust (Executed December 28, 1993, also known as Amended and Restated Revocable Trust executed on April 30, 1997, as to an undivided 1/3 interest); Marcia Giachetti as Trustee of The Barberi Living Trust dated September 9, 1997, as to an undivided 1/3 interest; Anna Marie Barberi, Trustee of the Barberi Family 1989 Trust under revocable trust agreement dated July 31, 1989-Marital Trust, and Richard Barberi or Rebecca G. Barberi, as Co-Trustees under the Barberi Family Trust, dated May 17, 2002, Joan L. Tassan, all as their interests may appear, as to an undivided 1/3 interest hereby GRANT to CITY OF GILROY, A MUNICIPAL CORPORATION that certain real property in the City of Gilroy, County of Santa Clara, State of California, more particularly described in Exhibit A attached hereto and made a part hereof. IJH1627031.2 061504-04706071 -1- uf/L ~/ BY: Michael Rocca, Successor Trustees of The Norma V. Barberi Revocable Living Trust (Executed December 28, 1993, also known as Amended and Restated Revocable Trust executed on April 30, 1997, as to an undivided 1/3 interest) Dated: '/- ;);2 -;2&; ../ RN~ ~ " - ore me/~f t.ttIA//;;c'f, personally Ot!c> ,4 o personally known to me -OR- [d---f;roved 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 Ihdshe/they executed the same in (~er/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. UH\627031.2 061504-04706071 -2- CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. .g----INDIVIDUAL o CORPORATE OFFICERS(S) Title(s) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATO R o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) Dated: 7 //~/tJ~/ v " ,/ . o-<JC--C~ BY: Julius Rocca, Jr., Succes or Trustees of The --Norma V. Barberi Revocable Living Trust (Executed December 28, 1993, also known as Amended and Restated Revocable Trust executed on April 30, 1997, as to an undivided 1/3 interest) STATIOF C;;:h- . } ss. COUNTY o. dtUa.J CAPACITY CLAIMED BY SIGNER ~~,~td~~b~~;~~'~:4~'}~~;:~h~"-.{ Jil t~-..1.';,c.--" u "r,":'',._1~.,LA\..t:. < 1 ",,~-~',. '. r". . . , CO;,~"';l- .1i1]~OH':- \:(~~:;,r'/ :-;~li;h,: appeared ~~onallY known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person( s) whose name(s~are subscribed to the within instrument and acknowledged to me that ~he/they executed the same in ~er/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. Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ~ INDIVIDUAL o CORPORATE OFFICERS(S) Title(s) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV A TO R o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) UH\627031.2 061504-04706071 -3- Dated: 7;' ~!()L/- I , rn aft,'w b/a..Jl/eJA' ~<5Jt. V Jfy: Marcia Giachetti as Trustee of The Barberi Living Trust dated September 9, 1997, as to an undivided 1/3 interest STATEOF~ 1. ss. COUNTY OF kc?f'af4 On 'l-/6-;X>>~, before~~,{Jb.{p",on&lY appeared ;YJ/M'/I /~ t_IL~II~ , ~ersonally known to me -OR- 0 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 h~/~they executed the same in ~/their authorized capacity(ies), and that by hi~eir signature( s) on the instrument'tlie" person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. j,.:;~:.~{;,;" i...,v:J)-\'....LA,:",_.~,,- ~::t.}rp:,1 .11'~, .~';,}~;:'-' 11:)r::t,,-, , (~.~ UH\627031.2 -4- 061504-04706071 CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ~INDIVIDUAL o CORPORATE OFFICERS(S) Title(s) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV A TO R o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) Dated:-9' t /(P I )..M <I ~'~.M~/~ BY: Anna Marie Barberi, Trustee of the Barberi Family 1989 Trust under revocable trust agreement dated July 31, 1989-Marital Trust ORNIA .' . l" . dtVtLj .,cpersonally CAPACITY CLAIMED BY SIGNER ..Qi)ersonally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person( s) whose name( i e subscribed to the within ins ent and acknowledged to me that he/, e/ ey executed the same in his/h~eir authorized capacity(ies), anchJiat 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 ent. / C____ UH\627031.2 061504-04706071 -5- Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the doc~t. 6 INDIVIDUAL o CORPORATE OFFICERS(S) Title(s) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV A TO R o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) Dated: 7 J/ ,I C?1 I I {L.LPIJ---iL' ~ BY: Richard Barberi or Rebecca G. Barberi, as Co- Trustees under the Barberi Family Trust, dated May 17,2002 STATEOF~A.. L~ 2- } //J /l SS. COUNTY o. Lf/tU<- ~ 1-/b,.,.J:};-/ !!ore ~.;.1'ltkl~<l. persooaJly appeared j}tt IrA r L . .J:ffl.dJi!.11 , ~sonallY known to me -OR- 0 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 ~/she/they executed the same in .......hfs7\ter/their authorized capacity(ies), <...art<( 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. UH\627031.2 061504-04706071 -6- CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the dOCu/. IB"" INDIVIDUAL o CORPORATE OFFICERS(S) Title(s) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT [] TRlJSTEE(S) o GUARDIAN/CONSERV A TO R o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) Dated: n"~;JM if STATE OF CALIF RNIA } /J/' ss. COUNTY 0 LLtUL. ~~ ~//-~ B . oan L. Tassan o personally known to me -OR- o-pr<;ved to me on the basis of satisfactory evidence to be the person( s) whose name(s) is/are subscribed to the within ins2Ent and acknowledged to me that h . e/ ey executed the same in his er/their authorized capacity(ies), and that by hi~~their signature( s) on the instrumen~ person( s), or the entity upon behalf of which the person( s) acted, executed the ins ent. r~~~~' '.,,"~.'::~'~..~~,i't fTl ,'_0. ~"~;H;l>'i,~ ,.:, UH\627031.2 061504-04706071 SIGNATURE OF NOTARY -7- CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the docu~ n INDIVIDUAL o CORPORATE OFFICERS(S) Title(s) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV A TO R o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) v_~_.,.~~, 4'.~~ 'fOOl:JIt~"tJtJ~ ~ & IRJ.ETTI LEGAL DESCRIPTION - LANDS TO BE CONVEYED EXHIBIT "A" PAGE 82 AlL OF THAT CERTAIN REAL PROPERTY IN THE COUNTY OF SANTA ClARA, STATE OF CAUFORNIA AND DESCRIBED AS FOLLOWS: BEING A PORTION OF THAT CERTAIN PARCEL OF LAND SHOWN AS -LOT 5 - EMMA E. THOMAS TO G. BARBERI AND SONS, INC." AS SHOWN ON THAT CERTAIN RECORD OF SURVEY. WHICH WAS FILED ON MARCH 22, 1941, IN BOOK 6 OF MAPS, AT PAGE 7, OFFICIAl RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, BEING MORE PARTICUlARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHWESTERLY BOUNDARY OF SAID -LOT 5 - ET Al", SAID BOUNDARY BEING AlSO THE SOUTHEASTERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND SHOWN AS "PORTION OF LOT 5 TO BE RETAINED BY EMMA E. THOMAS", AS SHOWN ON SAID RECORD OF SURVEY, SAID POINT BEING N89"02'00"W 67.05 FEET FROM THE MOST SOUTHEASTERLY CORNER OF SAID -PORTION OF LOT 5 TO BE RETAINED BY EMMA E. THOMAS". THENCE LEAVING SAID NORTHWESTERlY AND SOUTHEASTERLY BOUNDARY S26054'19"1: 129.55 FEeT TO THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 710.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE. THRU A CENTRAL ANGLE OF 8031'15., AN ARC DISTANCE OF 105.59 FEET; THENCE S17023'04"e 147.54 FEET TO THE TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 690.00 FEET; rnENCE SOUTHEASTERLY ALONG SAID CURVE, THRU A CENTRAl ANGLE OF 5039'02", AN ARC DISTANCE OF 68.05 FEET; THENCE S23002'06"e 110.69 FEET TO A POINT ON THE LINE BETWEEN LOTS 5 AND 6 AS SHOWN ON THAT CERTAIN MAP ENTiTlED "MAP OF MASSEY THOMAS" SENIOR SUBDMSION OF LAS ANIMAS RANCH lOT NO. 15 AND RECORDED' IN BOOK "G" OF MAPS, PAGE 59 OF THE OFFICIAL RECORDS OF SAID COUNTY. LYING DISTANT THEREON S89009'OO"E 51.08 FEET FROM THE INTERSECTION OF SAID LINE WITH THE MOST SOUTHEASTERLY CORNER OF A PORTION OF LAND DESCRIBED IN A GRANT DEED TO THE SANTA ClARA VAUEY WATER DISTRICT IN BOOK K443 OF OFFICIAL RECORDS AT PAGE 633; THENCE N89009'OO"W 51.08 FEET ALONG SAID LINE BETWEEN LOTS 5 AND 6 TO SAID SOUlliEASTERL Y CORNER; THENCE LEAVING SAID LINE AND CORNER AlONG THE EASTERLY BOUNDARY OF SAID PORTION OF LAND N15030'OO'W 217.62 FEET TO THE BEGINNING OF A CURVE TO THE LEFT AND HAVING A RADIUS OF 900.00'; THENCE! NORTHERLY ALONG SAID CURVE THRU A CENTRAL ANGLE OF 22020'29", AN ARC DISTANCE OF 350.94 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PORTION OF LOT 5 TO BE RETAINED BY EMMA E, THOMAS AND THE MOST NORTHEASTERLY COf{NER OF SAID PORTION OF lAND; I1iENCE LEAVING SAID CORNER ALONG SAID SOUTHERLY LINE S89002'OO"E 59.37 FEET TO THE POINT OF BEGINNING. ' CONTAINING 0.44 ACRES OF LAND (19,362 SQUARE FEET), MORE OR LESS. PREPARED BY THE FIRM OF HANNA AND. BRUNETfI, GILROY, CA EXHIBIT A I I ~ ( J>.e \,.Oi \ \1-r.O~ ot( ~. \ ~i\O~" ~~~I>> \ \ ..OJt.{o ~o ~'i \ \ e/2-"\ ~~f(:.\). "1 ~ ~~ ~~i ~ '0 ~ I>>'~ .~ \ ~ \\ iO \ \ \ \ <"'9. ~ (9 0..0- ~ '0 -j,. -4- . -<> 2 2 WEST +~ d"8 q~ 7)'6) ";1 ........... w..... UJ .....,'-'I~. '''' r-~ .,~ LUCHESSA AVENUe 'b ('of 'b ('of fJ 8- e 8 ~~ % PLAT TO ACCOMPANY LEGAL DESCRIPllON PORTION OF LOT 5 AS SHOWN ON THAT CERTAIN RECORD OF SURVEY, 'MitCH WASF'lLED FOR RECORD . IN BOOK 6 OF MAPS, AT PAGE 7 CITY OF' GILROY. SANTA ClARA COUNTY, CAUrORNIA MARCH, 2004 . SCALE 1" = 80' rXHIBIT "s" "".?.<> --1" 6>0 <9, ~.7. '-0 ;':>.7 ~"'9. ~~ "".?.<> ~ '''Y ~ - <:>0 6>0 0- ~'- - ~ ~.-t o 0 . . ~ ~ ())~ ;,:>~ <9')' f.o')- $ 1/1 LAND TO BE CONVEYED 19.382 sq. ft. 0.44 acres &0 t ~ o ~ ~ ~ 167.38' '. S89'09~OO"E LOT 6 "a- M 59 H[T ClNE ~ ClNE SHm JH tuD2B HANNA a: IIRtJtIl11 - eM. ENGI4EE1lS t WI) SURVEYORS - GILROY, CA EXHIBIT A . .. CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Julius Rocca, Jr., and Michael Rocca, Successor Trustees of The Norman V. Barberi Revocable Living Trust (Executed December 28, 1993, also known as Amended and Restated Revocable Trust executed on April 30, 1997, as to an undivided 1/3 interest); Marcia Giachetti as Trustee of The Barberi Living Trust dated September 9, 1997, as to an undivided 1/3 interest; Anna Marie Barberi, Trustee of the Barberi Family 1989 Trust under revocable trust agreement dated July 31, 1989-Marital Trust, and Richard Barberi or Rebecca G. Barberi, as Co-Trustees under the Barberi Family Trust, dated May 17, 2002, Joan L. Tassan, all as their interests may appear, as to an undivided 1/3 interest This is to certify that the interest in real property conveyed by the grant deed dated July 16,2004 from Julius Rocca, Jr., and Michael Rocca, Successor Trustees of The Norman V. Barberi Revocable Living Trust (Executed December 28, 1993, also known as Amended and Restated Revocable Trust executed on April 30, 1997, as to an undivided 1/3 interest); Marcia Giachetti as Trustee of The Barberi Living Trust dated September 9, 1997, as to an undivided 1/3 interest; Anna Marie Barberi, Trustee of the Barberi Family 1989 Trust under revocable trust agreement dated July 31, 1989- Marital Trust, and Richard Barberi or Rebecca G. Barberi, as Co- Trustees under the Barberi Family Trust, dated May 17,2002, Joan L. Tassan, all as their interests may appear, as to an undivided 1/3 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. 2004-20 of the City of Gilroy adopted March 15, 2004, 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 # 17703402, dated April 6, 2004 and the grantee consents to recordation thereof by its duly authorized officer. In witness whereof, I have hereunto set my hand on August 11, 2004. By: ~ ::. ~~r: Mayor of the City of Gilroy I:\CTYCLERKIFORMS\ACCEPT ANCE.DOC