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Peter Pavlina Family LLC · b'~~NO.. i r?{37 , !,J l/Ji Ih ESGnm60r Loan No. 847659-VR RECORDING REQUESTED BY Al'IT> WHEN RECORDED MAIL TO: DOCUMENT: 15806588 111111111111111111 >>;0015806588>>; Titles: 1 / Pages: 5 Fees. * No Fees Taxes. 67265 Copies. AMT PAID 67265 City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Chicago Title RDE *'* 009 8/03/2001 8:00 AM Do Not Charge Recording Fees Pursuant to Government Code section 27283 Mail Tax Statements to: Transfer fee based on full value = $672.65 SPACE ABOVE TIllS LlNE FOR RECORDER'S USE City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 A.P.N.808-20-014 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby aclmowledged, PETER PAVLINA FAMILY, LLC WHO ACQUIRED TITLE AS PAVLINA PROPERTIES PARTNERSIDP DMSION I, hereby GRANTS to CITY OF GILROY 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. Dated; 1- / 5- dm ! RSHIP DNISION I Peter Pavlina Family LLC eter Pavliha Family, LLC by Peter L. Pavlina, Managing general partner UH\514660.1 01.{)42504706060 -1- ~ ,:::Fo7~~kJ 55. o personally 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 0 instrument and acknowledged to me that 0 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 IDS et. - SIGNATURE OF NOTARY UHI514660.1 01-042504706060 -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. INDIVIDUAL CORPORATE OFFlCERS(S) /'. ._...._____-title(s) g-- PARTNER(S) LIMITED o o GENERAL o ATIORNEY-lN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV ATO R o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) ,,- , " ...--;"/ " :;4~,,{ ljAI14:-<;--persOnallY till ~ o personally known to me -OR- ~6n the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within 0 instrument and acknowledged to me that 0 r""'"..I.l "".... r . . - . . " t 'AL ~"",""",~",~'cte/she/they executed the same in ~ .."fj. .....,....-., JANET. K .WAL t,.A...Cf.. .. E' er/their ,authoriz~d ,capacity(ies), "'" ",~ Comm.' 1144384 d that by hislher/therr slgnature(s) on fJJ :r;.- NOTARY PulIuC,CAUFORNlA e instrument the person(s), or the 1 4l COUIIIyof SMata CJon;. f;tity upon behalf of which the -- Yr CoM. Expires JuIv 23.2001 n( ) ..:l t d th ! . . . H n v. . .'. . . ~ . . _..i _ _ :-<-1_ n "",Ill erso s acteU. execu e e trument. " ss m! hanTj~Ci~..sea1. ~r{l ~~~ SIGNATURE OF NOTARY UH\514660.1 01-042504706060 -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. INDIVIDUAL CORPORATE OFFICERS(S) Title(s) o PARTNER(S) LIMITED o o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDlAN/CONSERV A TO R o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) ~- . # Page 1 Escrow No. 847659 - JW LEGAL DESCRIPTION EXHIBIT All that certain Real Property in the County of Santa Clara, State of California, described as follows: Being a portion of Lot 13 as sohwn on that certain Map entitled, "Massey Thomas Senior Subdivision in the Animas Ranch Lot 15", in Book G, Page 59 of Maps, and being described as follows: Beginning at a buried granite monument in the line common to Lots 9 and 13, as said monument and Lots are shown on the Map above referred to; thence running North along said common line 174.24 feet to the Northerly common corner for said Lots in the Carnadero Creek; thence up the bed of Carnadero Creek and along the Northerly line of said Lot 13, South 68 deg. West, 152.46 feet to the Station 16, thence South 73 deg. 30' West 457.47 feet; thence leaving said Northerly line of said Lot 13; South (15 100.00 feet a witness portion on the Southerly bank of said Creek) 182.00 feet to an iron pipe on the Northerly line of a 12 foot right of way; thence along the Northerly line of said right of way, South 68 deg. 57' East 97.04 feet to an iron pipe; thence along the arc of a curve to the left having a radius of 138 feet; tangent to the preceding course, through an angle of 21 deg. 03' an arc distance of 50.63 feet to an iron pipe; thence continuing along the Northerly line of said 12 foot right of way East 440 feet to a point in the line common to said Lots 9 and 13 (back 19.80 feet on this course is a buried iron pipe on the westerly line of Thomas Road); thence along said comon line North 238.70 feet to the Point of Beginning. Excepting therefrom all that real property described as: Being a portion of the lands described in the deed recorded in Book 7638 of Official Records, page 44 in the Office of the Recorder, County of Santa Clara, State of California, to wit: Beginning at the Southeasterly corner of said lands, as described in said deed; thence along the Southerly line of said lands, West 25.00 feet; thence leaving said line, along a curve to the right from a tangent which bears North, having a radius of 225.00 feet, through a central angle of 27 deg. 15' 58", for an arc distance of 107.07 feet to the Easterly line of said lands, asdescribed in said deed; thence along said line, South 103.08 feet to the Point of Beginning. DEEDLEGL-OB/09/94bk . . CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Peter Pavlina Family, LLC who acquired title as Pavlina Properties Partnership Division I This is to certify that the interest in real property conveyed by the grant deed dated July 13,2001 from Peter Pavlina Family, LLC who acquired title as Pavlina Properties Partnership Division I, 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 of the 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 thereofhy its duly authorized officer. In witness whereof, I have hereunto set my hand on July 25, 2001. By: ~ {)", - ~ Jay Baksa, City Administrator of the City of Gilroy I:\CTYCLERK\FORMS\ACCEPT ANCE.DOC .' SCHEDULE A Order No: 847659 POLICY NO. : Premium: $1,548.00 847659 Amount of Insurance: $611,500.00 Date of Policy: August 3, 2001 at 8:00 A.M. 1. Name of Insured: City of Gilroy 2. The estate or interest in the land described herein and which is covered by this policy is: A FEE 3. The estate or interest referred to herein is at Date of Policy vested in: Ci ty of Gilroy 4. The land referred to in this policy is situated in the State of California, County of SANTA CLARA and described as follows: SEE ATTACHED DESCRIPTION CLTAOPA POLICY NO: 05 Page 1 847659 LEGAL DESCRIPTION All that certain Real Property in the County of Santa Claral State of Californial described as follows: Being a portion of Lot 13 as sohwn on that certain Map entitledl "Massey Thomas Senior Subdivision in the Animas Ranch Lot 15"1 in Book GI Page 59 of Maps I and being described as follows: Beginning at a buried granite monument in the line common to Lots 9 and 131 as said monument and Lots are shown on the Map above referred to; thence running North along said common line 174.24 feet to the Northerly common corner for said Lots in the Carnadero Creek; thence up the bed of Carnadero Creek and along the Northerly line of said Lot 131 South 68 deg. Westl 152.46 feet to the Station 161 thence South 73 deg. 301 West 457.47 feet; thence leaving said Northerly line of said Lot 13; South (15 100.00 feet a witness portion on the Southerly bank of said Creek) 182.00 feet to an iron pipe on the Northerly line of a 12 foot right of way; thence along the Northerly line of said right of waYI South 68 deg. 571 East 97.04 feet to an iron pipe; thence along the arc of a curve to the left having a radius of 138 feet; tangent to the preceding coursel through an angle of 21 deg. 031 an arc distance of 50.63 feet to an iron pipe; thence continuing along the Northerly line of said 12 foot right of way East 440 feet to a point in the line common to said Lots 9 and 13 (back 19.80 feet on this course is a buried iron pipe on the Westerly line of Thomas Road); thence along said coman line North 238.70 feet to the Point of Beginning. Excepting therefrom all that real property described as: Being a portion of the lands described in the deed recorded in Book 7638 of Official Records, page 44 in the Office of the Recorder, County of Santa Clara, State of Californial to wit: Beginning at the Southeasterly corner of said landsl as described in said deed; thence along the Southerly line of said landsl West 25.00 feet; thence leaving said linel along a curve to the right from a tangent which bears Northl having a radius of 225.00 feet, through a central angle of 27 deg. 151 58", for an arc distance of 107.07 feet to the Easterly line of said landsl as described in said deed; thence along said line, South 103.08 feet to the Point of Beginning. Also excepting therefrom All that certain real property situate in the City of GilroYI County of Santa Clara, State of California, being a portion of Parcel Two as described in that certain Deed in Book 7638 at Page 441 Official Records of Santa Clara CountYI Californial more particularly described as follows: Commencing at a one inch iron pipe in monument box at the centerline intersection of Babbs Creek Drive and Thomas Road as shown on that certain tract map entitled "Tract 8663 The Vineyard, Unit NO.1" said tract map was filed for record on July 211 1995 in Book 667 of Maps at Pages 38 and 39, Official Records of said Santa Clara County; thence Northl along said centerline of Thomas Road, 1138.31 feet; thence North 90 deg. 001 00" West, departing said centerline, 25.00 feet to the Point of Beginning_ Thence continuing North 90 deg. 00' 00" West, 187.46 feet to the beginning of a non-tangent curve to the left having a radius of 955.00 feet, a radial line to said beginning bears South 25 deg. 27' 44" East; thence Northeasterly along said curve 115.03 feet through a central angle of 06 deg. 54' 05"; thence North 58 deg. 241 08" East, 125.03 feet; thence North 59 deg. 091 48" East, 6.22 feet; thence South 21.20 feet to the beginning of a non-tangent curve to the left having a radius of 225.00 POLICY NO: 05 Page 2 847659 LEGAL DESCRIPTION feet, a radial line bears North 62 deg. 44' 02" West; thence Southerly 107.07 feet through a central angle of 27 deg. 15' 58" to the Point of Beginning. POLICY NO: 847659 SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise 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 or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but whch could be ascertained by an inspection of the land or by making an inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, 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. S. (a) Unpatented minings claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any right, title, interest, estate or easements in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, whether or not shown by the public records at Date of Policy, or the effect of any violation of any such law, ordinance or governmental regulation, whether or not shown by the public records at Date of Policy. 8. Rights of eminent domain or governmental rights of police power unless notice of excercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) whether or not shown by the public records at Date of Policy, but created, caused, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained of the insured claimant had been a purchaser or encumbrancer for value without knowledge. CLTAOPB POLICY NO: 847659 SCHEDULE B PART II w 1_ Taxes for the fiscal year 2001-2002, a lien not yet payable. B 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) of the Revenue and Taxation Code of the State of California. c 3. Such rights and easements for navigation and fishery which may exist over that portion of said land lying beneath the waters of Carnadero Creek D 4. Any adverse claim based upon the assertion that: (A) "Some portion of said land has been created by artificial means or has accreted to such portion so created" (B) "Some portion of said land has been brought within the boundaries thereof by an avulsive movement of Carnadero Creek, or has been formed by accretion to any such portion." 5. Right of the Public to use as a Roadway so much of said land that lies within the boundary lines of Thomas Road. F 6. An easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, In Favor Of: James W. Kelley and Merlou Kelley, His Wife and Rey L. Duden and Phyllis J. Duden, His Wife Ingress and egress April 9, 1954 in Book 2850 at Page 482 Official Records As follows: For: Recorded: Affects: G A 12 foot strip of land the Southerly line which is described as follows: Beginning at the Southeasterly corner of that Parcel of Land conveyed from James Carpignano and Theresa Carpignano to James W. Kelley, et a1 recorded April 9, 1954 in Book 2850 page 482 Official Records, and running thence S. 73 deg. 01' E. 83.07 feet; S. 89 deg. 54' E. 234.19 feet; N. 56 deg. 06' E. 147.60 feet; N. 80 deg. 16' E. 121.63 feet; N. 89 deg. 47' E. 302.04 feet; N. 62 deg. 28' E. 80.15 feet and S. 89 deg. 44' E. 568.27 feet to a point in the center of the Thomas Road distant thereon North 367.68 feet from the intersection thereof with the line common to Lots 13 and 14, and being also South 161.64 feet from a buried granite monument as shown on said map. Said matter affects this and other property. I 7. An easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, In Favor Of: Santa Clara valley Water District, a public corporation Water management and/or storm water drainage purposes For: CLTAOB2 POLICY NO: Page 2 847659 SCHEDULE B - PART II ( continued) Recorded: December 21, 1988 in Book K794 at Page 2140 Official Records As follows: Affects: J Being a portion of the lands described in the Deed recorded in Book 7638 of Official Records at page 44 in the Office of the Recorder, County of Santa Clara, State of California, to wit: Beginning at the Northeasterly corner of said lands, as described in said deed; thence along the East line of said lands, South 86.30 feet; thence leaving said line, S 63 deg. 55' 22" W 356.90 feet; thence S 89 deg. 41' 00" W 259.42 feet to the West line of said lands; thence along said line North, 57.58 feet to the Northwesterly corner of said lands; thence along the general Northwesterly line of said lands, N. 73 deg. 30' 00" E 457.47 feet; thence continuing along said line, N 68 deg. 00' 00" E 152.46 feet to the Point of Beginning. x 8. An easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, In Favor Of: For: Recorded: City of Gilroy, A Municipal Corporation Public Utility Easement September 15, 2000 as Instrument No. 15391981 Official Records Affects: All that certain real property situate in the City of Gilroy, County of Santa Clara, State of California, being a portion of Parcel Two as described in that certain Deed in Book 7638 at Page 44, Official Records of Santa Clara County, California, more particularly described as follows: Commencing at a one inch iron pipe in monument box at the centerline intersection of Babbs Creek Drive and Thomas Road as shown on that certain tract map entitled "Tract 8663 The Vineyards, Unit No.1" said tract map was filed for record on July 21, 1995 in Book 667 of Maps at Pages 38 and 39, Official Records of said Santa Clara County; thence North, along said centerline of Thomas Road, 1262.59 feet; to the Point of Beginning. Thence South 59 deg. 09' 48" West, 6.22 feet; thence South 58 deg. 24' 08" West, 125.03 feet to the beginning of a non-tangent curve to the right having a radius of 955.00 feet, a radial line to said beginning bears South 32 deg. 21' 48" East; thence Southwesterly along said curve 115.03 feet through a central angle of 06 deg. 54' 05"; thence North 90 deg. 00' 00" West, 23.83 feet to the beginning of a non-tangent curve to the left having a radius 945.00 feet, a radial line to said beginning bears South 24 deg. 09' 27" East; thence Northeasterly 135.41 feet through a central angle of 08 deg. 12' 36"; thence North 58 deg. 24' 08" East, 125.16 feet; thence North 59 deg. 09' 48" East 12.25 feet; thence South, 11.65 feet to the Point of Beginning. CLTAOB2C POLICY NO: Page 3 847659 SCHEDULE B - PART II ( continued) y 9. An Agreement, affecting said land, for the purposes, stated herein, upon the terms, covenants and conditions referred to therein, between the parties named herein For: Dated: Executed By: Easement Agreement November 5, 1998 Thomas Road Properties, A California Limited Partnership and pavlina Properties Partnership Divison 1, A California General Partnership September 15, 2000 as Instrument No. 15392567 of Official Records Recorded: AC VWjrcl CLTAOB2C ." r : I INCHES I 11 , I. "21 I' I ' I '31 ' @ @ :0 ~ '" <D '" k \ !!l . '.s> .il~j liO"-a=:::"'f cr _. Cl> a: __-.CiIlI nl! 8. a iii' ::f _. ~ ::.! Ci0o-O :C>>3a- (I) Oc..J ~~:j'3U) CJ'l30lUC ~cp..,=,< c.o.30(1) _crlU::l'< a'<::!'.oO ~9g;?:: 3 o. :,E ':< ~ g~ c:> :>J i:U :::loo-5.~ . -i~- 0- =: n;o ~ c., (1) <: ::::r::l nCT.l;;:':~ o - ,.~ 'J) _0 :j ~ 5" "t;:lcrQV') Cl> (t) ',"') ~ n U'J ~ cUe':> =~:3Q.. C"..) ~:;, :oJ o~ _.t.') . 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