Gilroy Elks Hall Association
A G R E E MEN T
THIS AGREEMENT made this
2nd
day ofNDYem~r 1967, by and between
the CITY OF GilROY, a Municipal Corporation in the County of Santa Clara,
State of California, hereinafter designated as Party of the First Part and
GilROY ELKS HAll ASSOCIATION, a Corporation, with its office and principal place
of business in said City of Gilroy, hereinafter designated as Party of the Second
Part
WIT N E SSE T H:
WHEREAS, the party of the second part has made an offer to purchase
5.004 acres of land belonging to the party of the first part constituting a
part of the premises belonging to said City known as Ousley Park, the proposal
of said second party being embraced within and as set forth in the public no-
tice published in the Gilroy Evening Dispatch, a newspaper printed in the City
of Gilroy one of which notices is attached hereto, marked IIExhibit A" and made
a part of this Agreement; and
WHEREAS, on the 17th day of July, 1967, the Council of said City of
Gilroy, at a regular meeting, determined that no higher or better offer had
been made for the said premises than the one submitted by the said party of
the second part and to proceed with the sale of said premises as provided for
in the said notice and the party of the second part has heretofore submitted
to the party of the first part a certified check in amount equal to ten per-
cent (10%) of the offer made; and
WHEREAS, the offer made by the party of the second part and the accept-
ance thereof by the party of the first part under the conditions set forth
in the said public notice requires that the parties hereto enter into an
agreement setting forth the conditions of the purchase and sale.
NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT DO HEREBY AGREE AS
FOllOWS:
1. That the provisions hereinafter set forth are complementary to and
in some instances in addition to, the terms mentioned in the hereinbefore men-
tioned publ ic notice and wherever provisions in this Agreement seem to vary
or depart from the provisions in the aforesaid public notice, the provisions
of this Agreement shall govern.
2. The party of the first part does hereby agree to sell and convey
to the said party of the second part those certain premises hereinbefore
-1-
($25,020.00) to be paid in current lawful money of the United States of America
as hereinafter set forth and the party of the second part agrees to purchase
the said property and to pay therefor the said sum of Twenty-Five Thousand and
Twenty Dollars ($25,020.00) which it is agreed shall be paid as follows: the
sum of Two Thousand Five Hundred Dollars ($2500.00) which has already been
deposited with the party of the first part as down payment and the balance
shall be paid as soon as a Grant Deed conveying a good and merchantable title
to said premises to the party of the second part clear and free of encumbrances
and liens is delivered to the party of the second part through the escrow which
is to be established as hereinafter set forth.
3. It is agreed by the parties hereto that this transaction shall be
consummated as soon as possible and that the party of the first part will,
within five days after the execution of this Agreement by both parties, place
with the Gilroy office of TITLE INSURANCE & TRUST COMPANY, in escrow, the Deed
conveying title to said premises hereinbefore described to the party of the
second part free and clear of encumbrances with the necessary instructions;
and that the party of the second part will within five days after notification
of the said deposit of said Deed, pay the balance of the purchase price for
the said premises with the required instructions.
The second party shall bear the expense of the conveyance of title,
including the cost of title insurance, revenue stamps and any surveying that
may be necessary.
4. It is understood that the property is being sold to the party of
the second part for the express purpose of enabl ing the party of the second
part to construct thereon a building to be used by Gilroy Lodge No. 1567 of
Benevolent and Protective Order of Elks for all purposes connected with said
Lodge, the party of the second part being a holding company for said Lodge;
it is further understood that the said premises are not being purchased by the
party of the second part for speculative, re-sale or leasing purposes and that
no strictly commercial, industrial or residential use or any combination of
said uses shall be made of the said property. However, this shall not preclude
the party of the second part leasing to the Elks Lodge, No. 1567, nor for local
social activities of short duration, i.e.; wedding receptions, and etc.
-2-
5. It is understood and agreed that until the whole of the purchase
price is paid to the party of the first part that no work whatsoever shall be
done upon the said premises by the party of the second part.
6. It is further understood and agreed in so far as this Agreement is
concerned, that the development of the said property shall be and is hereby
divided into three stages or phases as follows:
(a) Site, grading and access road grading phase;
(b) Construction of building phase;
(c) Landscaping and walk or cart way construction and fencing phase.
None of the foregoing phases shall be constructed, made or undertaken
until definite plans for such phases are prepared by the party of the second
part, furnished to the party of the first part and approved by said first party.
In case of any disapproval of the plans for a phase, the parties shall attempt
to reconcile their differences and if it is not possible to reach an agreement,
then the party of the first part shall have the final decision upon that phase.
7. The access road between the premises which constitutes the sub~ect
of this Agreement and the Hecker Pass Highway shall follow the route as here-
inbefore described and all the cost of grading, draining and paving the road
shall be born by the party of the second part and said road shall be construct-
ed in accordance with the present standards of the City of Gilroy and there-
after maintained and kept in repair at the sole expense of the party of the
second part; from such times as the City develops or allows the development
of any adjacent lands which may require the use of the said road as a means
of access, the maintenance costs of such road shall, from the time of such
additional usage, be pro-rated upon an area basis, the additional developer
or developers and the second party herein to pay in proportion to the size
of the respective areas so using the road.
8. Any sewerage leaching lines constructed by second party into lands
retained by the City shall be constructed and laid down at the sole cost and
expense of the party of the second part and shall be subject to the approval
of the party of the first part; at such time as there is a City of Gilroy
sewerage trunk line available in the general area which can accomodate the
said sewer line of the second part, the second party shall, upon written
notice from the party of the first part, connect its said sewer system on to
-3-
and into the said trunk line; after such connection is made, all rights of
the second party in any leaching system located upon City owned land, shall
immediately terminate, and the second party shall remove forthwith the then
existing leaching lines.
3. The party of the first part shall provide a source of water for
the development upon the said premises to be purchased by the said second
party. All connections to such water source and any pressurization required
shall be at the sole cost of the second party, and shall be made and constructed
in accordance with the City of Gilroy Ordinance, pol icies, standard development
fees and charges.
10. It is understood that the party of the first part does reserve and
that there is hereby reserved from the within described premises a right-of-
way and easement for a walk way or golf cart way where the same is now located
or, at the option of the party of the first part, in close proximity thereto,
through the southerly portion of the premises for the purpose of providing
access from the seventh green area to the eighth tee area of the golf course
and that the said right-of-way and easement shall be improved at second partyls
expense at the request of the party of the first part and it may be re-Iocated
in close proximity to its present position if the party of the first part so
desires, if thought necessary or desirable in connection with the construction
of the roadway from Hecker Pass Highway to the building site on the said pre-
mises, at the cost of the party of the seoond part. The said reserved walk
or cart way shall be protected by means approved by the party of the first
part and both sides of the walk way shall be provided with drainage and the
water so drained so as to not damage or injure the golf course or the seventh
green. The said walk way or cart way shall be maintained and kept in good
order and repair by the party of the first part.
No user of the golf course on adjacent property of the party of the
first part shall have any right of access by virtue of that fact alone to the
premises of the second party and no member of Gilroy Lodge No. 1567 of Bene-
volent and Protective Order of Elks or invitee of said Lodge shall by virtue
of said membership alone have any right whatsoever to go upon or use the golf
course or any other premises of the first party..
-4-
11. The party of the second part in constructing its road leading from
the Hecker Pass Highway to the premises being purchased by it shall so construct
it as to provide an adequate crossing where it crosses the said walk way or
cart way, the road either passing across, over or beneath (Subject to approval
of the party of the first part) the said cart or walk way and said crossing
shall be entirely at the expense of the party of the second part. However, in
the event the party of the second part determines to install an at grade crossing
of these two . byways, they sha 11 do so for an i ndef i n i te tr i a 1 per i ode I f at any-
time the party of the first part determines that such an at grade crossing is in-
terfering with its adjacent golf course use and traffic, or is otherwise object-
ionable, the party of the second part shall, at its sole cost, separate the grade
of these two ways commencing construction of said grade separation within thirty
(30) days from the date of first receiving written notice from the party of the
first part to separate the grades to allow the golf course traffic to cross over
or under said access road through or over an adequate structure with the design
of said structure to be approved by the party of the first part. This crossing
structure shall be fully completed within one hundred and twenty (120) days
following the receipt of the above described written notice by the party of the
second part or its engineer.
12. In the event the said second party desires to sell the said pre-
mises or any part thereof, first party shall have and is hereby given the option
of re-purchasing said premises for the same price second party is will ing to
accept from anyone else.
13. Should the party of the second part fail to keep or perform any
provision of this Agreement binding upon it, it shall be responsible for the
damages caused thereby and in the event it is necessary to bring any action
in Court to determine or recover said damages, a reasonable attorney fee shall
be paid by the party against whom any Judgment is recovered to be fixed by the
Court in the action. It is also agreed that either party shall have the right
to obtain a restraining order and/or injunction, including a mandatory injunc-
tion or any other proper relief in any Court of competent jurisdiction to pre-
vent further violations of the agreement and, in any such proceeding, the
party against whom any judgment is obtained shall pay a reasonable attorney
fee to be fixed by the Court in such proceeding, which shall be included in
the Judgment.
14. The party of the second part agrees that it will adopt regulations
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and post them on its said premises where they can be plainly seen by members
of the said Elks Lodge, prohibiting the violation of the provision of this
Agreement relating to access from the second partyfs said premises to the re-
maining premises of the party of the first part.
15. Party of the second part shall have the right to place a directional
sign at the intersection of the access roadway referred to herein above and
Hecker Pass Highway.
16. This Agreement is made subject to the approval of the Grand Lodge
of the Benevolent and Protective Order of Elks of the United States.
IN WITNESS WHEREOF each of the parties to this Agreement has caused
be
its corporate name and seal to/affixed hereto and this instrument to be
executed on its behalf by its duly authorized officer, this
2nd
day
of No~embe~ 1967.
Attest:
<-_.~ ) )
(_//(.' (;:::t~tz'n,,-j
City Clerk
)
CITY OF GILROY
:/ ~~/ ~
By ~/7~~?~~~'<-<:-X.
Mayor
/j;~'
GILROY ELKS HALL ASSOCIATION
By' / ~( )~v ~;&ti,(i'4-d--<-'-1/
/-J Cha i rman ."
/' ///)/~/! . /f
BY~~" " ) 0' ~~d /u-4-J:'7
// I Secr tary
(/
Paste Clippm.
v-o.........~ J ~. ~ ~ot':"
'.blie Notic.
-
PUBI-IC N()c!~E
INVITATION OF OFFERS
ro PURCI;lASE A PARCEL
OF CITY OWNED LAl'IDS
The City of Gih"Oy has receIv-
ed the following offer from the
GUroy Lodge No. 1557, Benevo-
lent and Protective Order of
Elks to purchaae IIPfl~te11
a four (4) to l!ix (6) acre por-
tion of City owned llln.ls, known
aI theGilroy Watel'- \,lo',I:s Prop.
my, tog/tth~ with rights of
roadway acct!lSs and s.:w~ge
leaching line c,;trns'or,s to be
used for the rl:!Vek;)ment of an
Elks Lodge Building.
--- 29 June 1:)67
Honorable City Coudcil
City at Gilroy, Califomia
Gentlemen:
The Gilroy Lodge No. 1567,
Benevolent a nd Protective
Order of. Ell(s, hcrf'by propos-
es to purchase from the City
of Gilroy a porticn of the
city-owned prori'rty known
as Ousley Pari<, loel1ted west
of the Gilroy City Limits, in
the County of S3:lta Clara,
at the northeast co:'ner of the
intersection of Hecker Pass
Highway and Burl:hc!! P.oad,
for the Ilurpose of ronstruct
Ing- and malnttining a new
lodge building aml associated
facUlties.
The parcel proposed to be
pur~ased is loci:'.'Ii gcr.~ra]-
Iy along the tn;> of the hill to
the east of the prese'nt ~ev-
enth green of the m...nicipal
golf cours(' and wn.ps a:'ollnd
to the south of the' seventh
green, as is shown in a g <'n-
eral way on t'"Je attached
drawing. The aT"a proPf'sed
to be purc:'<ls('c! ',<1u1(l he a
minimum five ae,'(',; and not
more tha'll six ncl'!'S at a prke
of Fly!? Thnus:w1 Dollars
(5,000,0) p('r acre, with
terms as mutually a~ee!l up..
on.
This proposal is conditioned
subject to the s:~ti~fi'dory res-
olution of the fo!!owing itf'm'l:
a. The eXI\ct acreage to be
purchased and the final )'oun-
dary lbes \"("1Jcl be ~u~ject
to tr.e Loct.r;e's n('eds as t<lsed
upon final plar:s f[}r tl-Je build-
ing CO'nstructio~, parking and
sitcwortt rE'~ire!T1ents.
b. A T<'a~(mn b!e, n('<,,'"~ary
and mutually agre"i unon ue-
cess route to the parcd :\c!'oss
the city's remnin;ng pro!'Crty
from either 11,'~l;er Pa,,,
Highway or nt;rchC'lI R (1 it d
to be provided by the City
of Gilroy for thC' e'lCdusive
purpose of ~C'rvln~ thil! parl'el
and tt.> be inc]\1rl€d at no pd-
dltional cost to tr.e purcha~;er.
The Elk's Lodge is to con-
struct and maintain a two-
lane road on the route at
their own eXpI"nse, desi.rcned
to City of GiIro', s1..1!'Hlard
T"CQulrcmC'n'<; fOj" private
roads, together wlll1 mutually
agreed upon fences, "tc. as
may lbe required f,:Jr the safe-
ty of the motorists and/or
perM>ns using the park.
c. Easements as required, at
no additional cost, to 'iervice
the varcel with utlities, in-
cluding gas and water lines;
sewer and storm drainage
EXH , B IT "A"
""""'-Notlee -.- -..... twke
..u J . . , f"-" r T nT 1ft. r
lines; septic !i~tem, I:1clud- Coundl. I"oIIowtIIII .. ....:
tng distribution bvaea and 1Idcratian. additional etWl of-
leaehing lin~s; OVH'h~ and/ feN ahall .. ~ from
or undergrour.:i !?]~tielll seI'- ~ audieaee. '!be initial oral
vice: telephdtle and tele'!ls!on offer .hall be . ~. oL
cable ~ervices !'In::! other rea- Jive (!5) pt!ftIe'nt III exoea o.r
lIonable services desired ~ the the highest wrftten offer. All
purebaser. " __ "'-'I~. ,oral offert...nIiMt
d. An watt!!' J"f!GUI1'en'lCm.:> lie lit I.... five (5J ~
for the !lite shaH It\? furnished In ~S8 of the Jut'~.
by the City of Gilroy at stand- ora~ offer' When the Mghest
ard rates for this type of 0 offer .. ~bHmed Onmdl
'Pr"OPerty use, d' ~.__
e. 'The purchf\~er woul1 be Ihall, at tbU tlme, "'w:I~l~
respons\tb-l~ for obfaLlng l.lnd ~ or DOt to proceed
paving for boundary survey, with the Iale of lIllId parcel
tcPography ~p&, 011 roads of land. In the event t hat
and !lIte engtnc0ring- ar.d all Councll ~N to proceed
other reasnnable rosu or fees with ~: we, the IUiOCelIIfuJ
in connection with this trans- offeror 'Ihall be prepared to
action. . submit . certlflA!d cheek,
f. Purchase of the parcel mone:v order, 01" a euh
would be co'l1SumnJated sub- amount equal to te'n (10) per-
jcct to and only after the rom- cent of his total offer. The
pIcHon of necessary etlgineer- succelI8ful offeror shall depc>>o
ing st'loies on the property It the balance of the pur-
and the receipt of sntl!ifactory chue price In an eIICI"OW &C-
bids on the proposed building count, to be opened by City,
construction 'llld site work by withbl thirty (30) days tol-
the !)t;rchaser.. lowing CoundJ acceptance of
g, 1!ut<JalIy . arreeable ~ his ot(er.
ce.iS across the pan.'l'l by pub- The aaecessful bidder shall
lic users of t~e city park in also be required to join Into
onier to malOtaln the full an agreement coverlnlr the
and rontinued use of the goll conditions and requirements
rourse. of thIa publication.
h, Pu~8se agreement shall 4. 'nIe offer to the City
b(' subJect to approval of the shaU be a net amount. All
Grand Lodge of B,P,O.E. t f titI .
Yours very truly. cos sore rnlUrance,
Joseph Gubser, Jr. tra.ns!er fees, In~nal reve-
Co-Chairman nue stamps, recording tees,
U'Jilding Committee and land surveys, IhaU be
~ l.()dge No. 1567 . paid by the successful qfteror.
~evolent end Protective 5. In the event the .~
" rOro~r of Elks. . full ofteror ever 1;,tendB to
Rrtid four (4) to six (6) acT"(' Fell the subject parcel at aome
parcel of land is loeated within future date. aty shelll"ellerie
Santa Clara CO\Jtlty, Asse,sor'. the right to have the tint ~
Parcel Number' 786-33-~ and po~tuntty to purchase or to
is situ~ted on a/hili top allProx- ~ to purchue aai. par-
lmatC'ly 500 feet westerly of the n k~UlRED CONDmONS
Gllroy City Reservoir. A loea- OF DEVELOPMENT
tirm map can be viewed at the 1. Each offel'Of' must provide
City En~ineer's Office. The final a definite statement of hIs
and predse bollnrlarles of said plans for developing said
parcel under consideration shall propert)'. The Council wUJ not
be determined by the City. consider any offer where
The CounCil of the City of
GlJruy, at a Regular Adjourned plans for development of the
M(>('ting of J\I~ 29, 1967, au- p~perty are ~or any or the
thorized the publication of this ~o ) ~~ f relIaJe
offer jrt the Gilroy Dispatch. a n or
Said offer to be puhlished twiC'P. or lease. .
within a ten (10) oay period. (b) Any strict Commercial,
Th!' City further invites any and Industrial, or Residential use.
all interested parties to suhmlt lIor any combinntion of these
offers for this property su'bject uses.
to tll!" followin/!: sales and devel- 2, The suecessful offeror
opment conditions, These fol- shall warrant that his plans
lowing ronditions shall tll'ke for the developme'nt of said
prf'('cdence over those started lands shall COI'Nt1ence within
in thE' ahove offer to the City, one (1) year and be complet-
I RF:QUIRED CONDmONS ed wthin two (2) years fol-
OF SALE lowing City's acceptance of his
1, The City of Gilroy re- offer.
serves the right to refuse any In ,the event thelle provisions
and all offers. are not calTied out, City reo-
2. All such "offers shall be serves the right to re-enter
considered at the Regular the property and take poll_
City Council Meeting of July !!Iewon of the same !n addi-
17, 1967, at 8:00 p.m., In the tion to any improvements
Council Chambers of the City which offeror has placed up-
of Gilroy. on the property plus rent to
3. Sealed written offers wl11 be deducted from the original
be accl'pted until 8:00 p,rn. on purchase price at the rate at
July 17, 1967. At that time a11 five (5) percent per year.
written offers shall be open- The residual of the purchase
ed and compared with the price shall be returned to the
!'nIes a'lld development condl- successful offeror. This pro-
tions of this publication. The vi!llon shan be incorporated iD
highest and most ad(>Quate of- any deedo.f conveyance of
fer will be considered by said property as en automatic
,0
"
'l.;
~-~~~~~.~~
NV_.... '- .... ill Q8.
'toy. ' ,',
3. Tbe Oty 01 ...., ....
.. ~ U. _t te re-
view and re.....tIl7 lIllDdlfy
or chance -.y plea for tbe
~.4evelopment otl&icl property
bl,~ with the ~
~ &l+e1oprnMt.
. bUildt~ aDd appurtenant fa-
cllltiel dIall be compatible
M1d compleJ1\C!lltar7 to the
areas natural beauty and t>>-
ell upon City'. adjacent landt.
(b) Such pl8l'tl shall be ful-
ly compl!tible with City's us-
N of the adjacent lands. City
ahaU determine the need far
any protective works, teae-
lng, sereening, end means of
all types of aecaa requbIed
to assue the oontInued and 0p-
timum use of its ex:IItinc ad-
jacent land uses. All audI
. works required Iloy the" aty
shall be at the IUc~ful of-
ferors sole expense.
/ (c) Mel1Dll ot roadwlty ac-
cess to said parcel ~. land
lI1all be aubject to the ap-
proval. mod1fteation, and
chances by the City., Such .
roadway or roadways from
said parcel of land to an ad-
Jacent ~lbllc roadway or
roadways shall be granted bJ
City as a non-excluaive ease-
ment. Such roadway tacilittel
shall be constructed aDd
malnta\nE:d at the succesatul
offeror's sole cost. At IUch
time as Cit.r develops or al-
loW'll the dJvelopment of any
additional adjacent land.
which will uttJlze such a road
or" roads as a means of ~
cess, the Cdl'ltlnued Inflinte..
. nance cor.ts of soch facilitiell
lbaU then be pro-rated upon
an area basis to each pereeJ
served by uld access roa4
or roads.
(d) Any sewerage leachtna
lines extl!ndinc Into lands re-
tained by Ct~y shall be at the
successful offt!l"Ol"S sole ex-
pense and IUbject to the ap..
proval of the City. At such
t.imf! as th~re .. a City Ilewll!'-
age trunk line aVllUable 1ft
the general area, the su~s-
. ful offeror, 111:111, upon writ-
ten notice from the City, con-
nect his sewer syst.n Into
the City trunk line. FoUowtnI'
aucll a connectlNl, aU rights
of offeror In any leachtnc
system located upon qty
owned land shall be tmmedJ-
ately terminated.
(e) The City shell proride
a source of water to IUd\ .
development. All connections
to such . ~ter source and
any pussurization faclUtiea
required shall be at the lJUC-
cessful offeror's sole expense.
(f) Any such development
shan be i!1 accord with City
ordinance:;. policies. staDdard
development fees and charc-
es.
BY ORDER OF' THE CITY
COmrCIL OF THE CITY
OF GILROY
Susanne E, Payne
a tv Clerlt of the City of
( zllroy
Dated: Jure 30, 1967
Publi3hed: July !'i, 1967 aM
July 12, 19&7.
,
EXHIBIT "B"
MH 6752
9-11-67
Lands of City of Gilroy
All that certain real property situated in the county of Santa Clara, State
of California, described as follows:
Beginning at a granite monument in the centerline of Heck~r Pass Highway, which
bears North 880 431 00" West, 617.82 feet to a railroad spike on the easterly
line of that certain 185 acre tract of land conveyed by John H. Moore to Dixon
S. Duncan by Deed dated and recorded September 19, 1859 in Volume IIMII of Deeds,
at Page 492; thence continuing along the centerline of Hecker Pass Highway North
880 431 0011 West, 393.89 feet to a granite monument; thence South 850 381.0011 West,
834.94 feet; thence leaving last said centerline:
North 40 121 0011 West, 120.06 feet; thence North 650 321 0011 West, 318.26 feet;
thence North 360 481 0011 East, 220.80 feet; thence North ]10 481 0011 East
238098 feet; to the True Point of Beginning;thence along the following courses
and distances.
o
South 6 301 40" East, 154.98 feet;
South 770 191 2511 East, 192.63 feet;
North 360 571 1011 East, 47.50 feet;
North 10 081 50" East, 296.35 feet;
(.' ';C'
North 380 031 3011 ~, 74.76 feet;
North 20 171 1011 East, 104.08 feet;
North 430 111 3511 West, 324.25 feet;
North 890 551 0011 Wes t, 206.73 feet;
Sou th 770 461 40" West, 115 . 65 feet~
South 190 101 3011 East, 124.31 feet;
Sou th 420 491 4511 East, 277.58 feet;
South 60 301 4011 East, 193033 feet to the True Point of Beginning.
Said parcel containing 5.004 acres more or less.
EXH I B f T II CII
MH 6752
September 29, 1967
Description of a 40.00 foot easement across the Lands of the City of Gilroy,
the centerline of which is more particularly described as follows:
All that certain real property situated in the county of Santa Clara, State
of California, described as follows:
Beginning at a granite monument in the centerline of Hecker Pass Highway,
which bears North 880 431 00" West, 617.82 feet to a railroad spike on the
easterly line of that certain 185 acre tract of land conveyed by John H. Moore
to Dixon S. Duncan by Deed dated and recorded September 19, 1859 in Volume IIM'I
of Deeds, at Page 492; thence continuing along the centerline of Hecker
Pass Highway North 880 431 0011 West, 393.89 feet to a granite monument; thence
o
South 85 381 00" West, 834.94 feet; to the True Point of Beginning of the
description; thence from said True Point of Beginning, and leaving last
mentioned centerline of Hecker Pass Highway, North 40 12100" West, 72.62
feet; thence along a curve to the left, said curve tangent to the preceeding
course and having a radius of 80.00 feet and a central angle of 610 201, an arc
distance of 85.64 feet; thence tangent to the preceeding curve, North 650 321 00..
West, 146.59 feet; thence along a curve to the right, said curve tangent to
the preceeding course and having a radius of 100.00 feet and a central
angle of 1020 201 an arc distance of 178.61 feet; thence tangent to the
preceeding curve, North 360 481 0011 East, 84.00 feet; thence along a curve
to the left, said curve tangent to the preceeding course and hav~ng a
central angle of 370 561 2411 and a radius of 100.00 feet, an arc distance of
66.22 feet; thence tangent to the preceeding curve along a curve to the right,
said curve having a radius of 90.00 feet and central angle of 1270 221 5611,
an arc distance of 200.09 feet; thence tangent to the preceeding curve along
a curve to the left, said curve having a radius of 100.00 feet and a central
MH:6752
September 29, 1967
Page 2
angle of 190 321 3211, an arc distance of 34.11 feet; thence tangent to the
preceedimg curve, South 730 15t East, 39.88 feet to a point of intersection
with the Lands to be conveyed.
/) /1 /
I^" 4-
@
Title Insurance and Trust Company
FOUNDED 1893
495 NORTH PRINCEVALLE STREET' GILROY, CALIFORNIA 95020 . TELEPHONE (40B) B42'5669
November 29th 1967
City Manager
City of G-11rov
10 S~uth Rosanna Street
ilroy, Californ-1a
In Re: G~lro' No. 311841
Gentlemen:
l..nclosed herevT-1 th fi nd sellers -1 nstrllct ions ano Deed in conne ct ion
with sale of property to the G~jroy Blks Hall Assocjat-1on. We
have changed the Deed to provide for the Reservetion conta~ned in
l!lr. Sydney Johnson 1 s Lema to yo J. dated November 2?nd 1967.
I note also that 111'1 Johnson adv1sed it would be for the best
interests of the parties th2t the Agreement between the City of
Gilrov and Gilrov Elks Hall Association be recorded immediately
ahe a~ of the De~d from the City to the Elks Hall Pssociation ~nd
a recitation Shrylld be set forth in the Deed that the Deed is exe-
cuted, del-1vered a~d accepted subject to the covenants, conditions,
restrictions and reservat-1ons provided for -1n said Agreement.
It vlO)ld be better to record thj s f.greement as l'Jr. <Tohnson has
recited due to the number of covenants in same.
I have not 0rovided for th-1s recording in these instructions nor
helve I referred to the Agreement 4n the Deed, however" thi s can be
added upon instructions from you that this is to be done.
_ le~se review the enclosed and advise the undersigned further.
llease also be adv; sed that a Resoluti on authori zing the conveyance
of thiS property must be forwarded to this office so that same may
he attached to the Deed and recorded along with tbe Ieed.
Very truly yours,
T1 TLE
BY:
!7 ,j- }
/f_d. /L'2>~',
E.Larsen,Escrow 01f:f?eer
"DC.
cc: JUdge Klarich
cc: 8ydney Johnson
P.S. In the event the Agreement is recorded I would suggest that
the last paragraDh conta:ined in the Deed referring to restrictions
be eliminated and the 'vJOrding set forth above referring to the r,greemeni
1)p. nut in its place.
Telephone 842-3191
<!ttty nf ~tlrny
10 So. Rosanna Street, P. O. Box 66
GILROY, CALIFORNIA
95020
November 22, 1967
TO:
city Administrator
FROM:
city Attorney
subject:
I suggest that the easement for a walk or cart way should
be in approximately the following form:
I'
Reserving therefrom an easement for a walk or cart way
where the same is now located, or at the option of the Grantor,
in close proximity thereto through the southerly portion of the
premises above described for the purpose of providing access
from the Seventh Green area to the Eighth Tee area of the golf
course on the adjoining premises of the Granto~which right of
way and easement shall be improved at Grantees expense at the
request of the Grantor and it may be re-10cated in close prox-
imity to its present position if the Grantor so requests at the
cost of the Grantee/if by it thought necessary or desirable, in
connection with the construction of the road way from Hecker
Pass Highway to the building site on the premises hereinbefore
described. The said reserved walk or cart way shall be protected
by means approved by the Grantor and both sides of the walk or
cart way shall be provided with drainage so that the water drained
will not damage or injure the golf course or the Seventh Green
thereof. The said walk way or cart way shall be kept in good
order and repair by the Grantor; in the construction of the road
from the Hecker Pass Highway to the premises hereinbefore described
being conveyed to the Grantee, the Grantee will, if so requested in
writing by the Grantor, so construct that part of the said road
where it crosses the said walk or cart way so that the crossing
shall be above or below the level of the cart way at said point. II
I further suggest that there is not in the conveyance any
provision for protecting the Grantor in case the provisions in the
Deed are violated by the Grantee. It may be thought that the
Grantor can depend upon the covenants and conditions set forth in
city Administrator
-2-
November 22,1967
the formal agreement executed by the parties but in that event
there should be some reference to it in a Deed and the agreement
recorded and the place and date of recording mentioned in the
Deed.
Respectfully submitted,
1./ .-1 \\d /
( ../:..( l,.('t- -kf..7 .<1 V; f4t.--(..../--V
'- ,//'-' -' 1/ ",c" ..
SYD~Y S. JOnNsON
City Attorney
SSJ: daq
ES 106 CA 43 D (8-66)
SELLER'S INSTRUCTIONS
Title Insurance and Trust Company
lJ
Gilroy, al;forn1a
APPLICATION NO, 311841 DAT" 11/21/67 19_
THE FOLLOWING ARE HANDED TO YOU HEREWITH. AND YOU ARE AUTHORIZED TO DELIVER OR RECORD THEM WHEN YOU CAN COMPLY WITH
THE INSTRUCTIONS HEREIN, FROM THE AMOUNTS DUE SELLER YOU ARE AUTHORIZED, AS REQUIRED. TO PAY OR DEDUCT ALL DEBITS AGAINST
SELLER IN ACCORDANCE WITH THE SELLER'S STATEMENT INCLUDED HEREIN. (YOU MAY ADJUST ESTIMATED AMOUNTS. AND PRORATIONS AND
OTHER ITEMS WHICH MAY CHANGE DEPENDING ON THE RECORDING DATE.)
D INSURANCE POLICY NO.
D TAX BILLS
o APPROVE.D COPY OF NEW NOTE
FOR'
TO Cl1roy ElksHALL ACON.
DESCRIBING THE PROPERTY COVERED IN THE ABOVE APPLICATION.
: NO.
~ DEED FROM
C,ty of Cilroy
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TION OBTAINABLE IN THE OFFICE OF THE PROPER TAXING AUTHORITI~S).
o INTEREST ON EXISTING LOAN. D F.H.A. MORTGAGE INSURANCE. 0 RENTS.
;;
ALL FUNDS RECEIVED IN THIS ESCROW SHALL BE DEPOSITED WITH OTHER ESCROW FUNDS IN A GENERAL ES R W ACCOUNT O(:(:CCOUNTS
OF TITLE INSURANCE AND TRUST COMPANY, WITH ANY STATE OR NATIONAL BANK. AND MAY BE TRANSFERR D TO ANY OTHER GENERAL
ESCROW ACCOUNT OR ACCOUNTS. ALL DISBURSEMENTS SHALL BE MADE BY CHECK OF TITLE INSURANCE AND TRUST COMPANY.
D
D REQUEST FOR NOTICE OF DEFAULT
D
AS OF
none
PRORATE ON THE BASIS OF A 30 DAY MONTH: 0 TAXES (BASED
D FIRE INSURANCE PREMIU
D CREDIT EXISTING LOAN TRUST FUNDS, IF ANY, TO SELLER.
SELLER'S STATEMENT
DEBITS
CREDITS
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SALE PRICE $ 2 t) .020 00
DEPOSIT RETAINED BY SELLER $ 2..50d 0
PRO RATA TAXES ne non 9
PRO RATA INSURANCE
PRO RATA INTEREST
PRO RATA
TITLE INSURANCE PREMIUM .- Y a)::S.
.
REVENUE STAMPS
-
RECONVEYANCEFEE$ RECORDING RECONVEYANCE S
"I
DRAWING DOCUMENTS S NOTARY FEES S
COMMISSION TO M.L.S, NO,
o PAY OFF OR o CREDIT EXISTING LOAN OF
SALANCE IN LOAN TRUST FUND
TRUST DEED. BUYER TO SELLER D 1ST 0 2D D 3D
PAY TAXES $ BONDS OR ASSESSMENTS $
TERMITE WORK
f--
fay to City of G'lroy ,.,,, ~,.,,., """'I
--,-- - ~-
RECORDING
SALANCE TO SELLER 0 MAIL TO ADDRESS BELOW 0 SELLER WILL CALL FOR CHECK
TOTALS 25' .020 00 25' ..020 00
AqIjlITr.pNAL INSTRU<;TIONS,
unaers~gnea instructs you that we are to receive the funds paid 1nto Escrow
by Flks Hall :'ssociat1on im!ned~.0.tely upon Seller and Buyers ins.trllct1ons being
s..gned herew~th, howeverl you are to withhold the recording of the Deed from
the unders"'gned to the E ks Hall until you are not1r"'ed by either the undersgd
or Gilroy Elks Hall t'ssn. to do so, e1 ther author1 zat10n 1 s your authority
to ~ record the enclosed Deed and you are held harmless and without liability
in connect~on with both of the above Statements. Unders'1gned also encloses
~ herew~th Resolution autho1"z"ng conveyance of subject property nt th..s
t1me.
OBTAIND4f%wiAJbtttBag%9~rJ:;:~A ~~t~'q)o1t ~~Rv~g.icJ1 meets "\vith 1'1 ))rov~l of nrrle!'sgd A
NAMING PAYEE AND BENEFICIARY AS "nc UQ n. a 1 reserv8:tonsandc9,~ld}!:ions tYire9J
SAID NOTE SH E PAYABLE . er~qn,RE PER MONTH PLUS (ST~IKE ONE) INTEREST AT
INCLUDING
. THE FIRST PAYMENT SHALL BE DUI;"
RECORD SAID DEED3 UST WHEN YOU CAN ISSUE YOUR CLTA STANDARD FORM TITLE INSURANCE POLICY TO SAID SELLER SHOWING SAID
DEED.~Fc;,R.J,J.ST"-€UBJECT TO THE EXCEPTIONS IN YOUR PRELIMINARY REPORT WHICH ARE TO BE SHOWN IN BUYER'S TITLE INSURANCE POLICY,
~O>TIER DEfPS OF 'dRUSJ OF BUYER SECURING PRINCIPAL AMOUNTB NOT TO EXCEED A TOTAL OF $ . AND THE FOLLOWING,
~ e ete rom ee. Record agreement between City and the Elks concurrently with the
Grant Deed. Isl F.O.W.
SELLERS
City of G il1"oy
By: Isl FRED 0.' WOOD
By: /S/ NORMAN B. GOODRICH
City Admin. &
Ma yo r
o IF A COpy HEREOF IS ENCLOSED PLEASE ACKNOWLEDGE RECEIPT
THEREON.
RECEIVED
Title Insurance and Trust Company
BY
ADDRESS
TELEPHONE NO.
.f
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~ECORDING REQUESTED BY
..
AND WHEN. RECORDED MAIL TO
v0
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~ame
5'roet
drou
ty &
Stote L
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAil TAX STATEMENTS TO
I
Jam.
.t'eef
tf,...
'y &
State L
I
_J Ann I.B,S, $...........,...IN THIs SPACE
.
Grant Deed
TO 405 C
THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOB A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
'P'E C1TY C:F G 11
'/, .\ 1<1HdCl1'i\I, COR;'O'.!~l' ION
hereby GHANT(S) to
CII,HOY FI,I<S EA1,T,\:;:;nCJ'\TICi:J,
con jell' TICN
tile f()lI()will~ dl'snihl'd rl'lll property ill thl'
(. f "'I,.t., Cl,;n.':
.ollllly 0 ,J, :1 ",
C1 t.y of G-i troy
, Slllll' of Californill:
For l(~~{Crir,tlon S0(' i',Xf1'ib-it A Att.;'dl(~d Iwr('tc')
:Jnr1 lI1!1de n fi:1rt herC'of 'hy rcfc'rence
[)alt~d
Tl ()vomber .'lst__l()67__________.
_____.TH}': _CJ'l)'__ l)l'G JLnu'L_
STATE OF CAI.II'OHNIA
COIINTY OF SANTA CLARA
0" December 5, 1967
}SS.
..l.lI: _.j~/ No,rm.ii1IL..8L G o(t~r~h .____-'-____
MayoI'"
l' , , / / E P
.):: S Susanne . ayne
City Clerk
,
;"
i
I
hdor.. ""'. IIII' """.....
~,i:.'.lll'd, /I Nolatv I'oldie ill :llId fOI ',:lid .~laH', pcr....ollallv lIPPc'OIn.d
Norman B. Goodrich and Susanne E. Payne
. klloWII to 11\1'
10 I... II,,, ''''''Oil Swill"" lIa'"I' S "i1'SI'I'il",d to 1111' wilhill
i",trlllllpnl alld a..kllowl,'d~..d Ikll th_~y. ........ "x"""!,,d till' ,allll'.
WITNESS illY hatld a"d olli...,,1 "'I'al.
~;
'1
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k
Si:"",I,",' /s/ Sydney S. Johns(!)n
Sydney S. Johns(!)n
l\l II 1111 (I \ pI ,I 01 l'IIIlII'd I
('1'111" 1l1':l 1,'1 ,0111,11111"'11111111 "1'1111
Till" I h .Il'l Nil. Jo;'no\\' or I.Oilll No.
A
Application No. GY-311841
,.
EXHIBIT A
All that certain real property situate in the City of Gilroy, County
of Santa Clara, State of California, described as follows:
PARCEL ONE
BEGINNING at a granite monument in the center line of Hecker Pass
Highway, which bears North 880 43' 00" West 617.82 feet to a railroad
spike on the Easterly line of that certain 185 acre tract of land
conveyed by John H. Moore to Dixon S. Duncan by Deed dated and recorded
Septemher 19, 1859 in Volume "M" of Deeds, at page 492; thence
continuing along the center line of Hecker Pass Highway North 88. 43'
00" West 393.89 foet to a granite monument; thence'South 850 38' 00"
West 834.94 feet; thence leaving lasi said center line: North 40 12'
00" West 120.06 feet; thence North 650 32' 00" West 318.26 feet;
thence North 360 48' 00" East 220.80 feet; thence North 71. 48' 00"
East 238.98 feet TO THE TRUE POINT OF BEGINNING; thence along the
fo11owini courses and distances: South 60 30' 40" East 154.98 feet;
South 77 19' 25" East 192.63 feet; North 360 57' 10" East 47.50 feet;
North 10 08' SO" East 296.35 feet; North 380 03' 50" East 74.76 feet;
North 20 17' 10" East 104.08 feet; North 4:50 11' 35" West 324.25 feet;
North 890 55' 00" West 206.73 feet; South 77. 46' 40" West 115.65 feet;
South 190 10' 30" East 124.:51 feet; South 420 49' 45" East 277.58 feet,
and South 6. 30' 40" East 193.33 feet to the true point of beginning.
, ~,
I'
Reserving therefrom an easement for a walk or cart way
where the same is now located, or at the option of the Grantor,
in close proximity thereto through the southerly portion of the
premises above described for the purpose of providing access
from the Seventh Green area to the Eighth Tee area of the golf
course on the adjoining premises of the Granto~which right of
way and easement shall be improved at Grantees expense at the
request of the Grantor and it may be re-located in close prox-
imity to its present position if the Grantor so requests at the
cost of the Grantee, if by it thought necessary or desirable, in
connection with the construction of the road way from Hecker
Pass Highway to the building site on the premises hereinbefore
described. The said reserved walk or cart way shall be protected
by means approved by the Grantor and both sides of the walk or
cart way shall be provided with drainage so that the water drained
will not damage or injure the golf course or the Seventh Green
thereof. The said walk way or cart way shall be kept in good
order and repair by the Grantor; in the construction of the road
from the Hecker Pass Highway to the premises hereinbefore described
being conveyed to the Grantee, the Grantee will, if so requested in
writing by the Grantor, so construct that part of the said road
where it crosses the said walk or cart way so that the crossing
shall be above or below the level of the cart way at said point .'1
PARCEL TWO
A non-exclusive easement for ingress and eRress and for the
installation and maintenance of public utilitie~, appurtenant to
the a"ove describecl Porcel One, over a strip of land 40.00 feot
in width, the center line of which 15 de~crihcd a~ follows:
,~
BEGINNING at a grani~e monument in the center line of Hecker Pass
Highway, which bears North 8So 43' 00" West 617.82 feet to a railroad
spike on the Easterly line of that certain 185 acre tract of land
conveyed by John H. Moore to Dixon S. Duncan by Deed dated and recorded
Septemb~r 19, 1859 in Volume "M" of Deeds, at page 492; thence
continuing along the center line of Hecker Pass Highway North 880 43'
00" West 393.89 feet to a granite monument; thence South 8S. 38' 00"
West 834.94 feet TO THE TRUE POINT OF BEGINNING of the description.
thence from said true point of beginning and leaving last mentioned
center line of Hecker Pass Highway, North 40 12' 00" West 72.62 feet;
thence along a curve to the left, said curve tangent to the preceding
course and having a radius of 80.00 feet and a central angle of 610
20', an arc distance of 85.64 feet; thence tangent to the preceding
curve, North 65. 32' 00" West 146.59 feet; thence atonp' a curve to the
'.I
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~
ri~ht, said curve tangent to the precedin~ course and having a radius
of 100.00 feet and a central angle of 102 20', an arc distance of
178.61 feet; thence tangent to the preceding curve, North 360 48' DO"
East 84.00 feet; thence along a curve to the left, said curve tangent
to the preceding course and having a central angle of 370 56' 24" and
a radius of 100.00 feet, an arc distance of 66.22 feet; thence tangent
to the preceding curve along a curve to the right, said curve having
a radius of 90.00 feet and central angle of 1270 22' 56", an arc
distance of 200.09 feet; thence tangent to the preceding curve along
a curve to the leftl said curve having a radius of 100.00 feet and a
central angle of 19 32' 32", an arc distance of :54.11 feet; thence
tangent to the preceding curve, South 7'50 15' East 39.88 feet to the
point of intersection with the Westerly line of the above described
Parcel One and the terminus of said easement.
The Easterly terminus of said easement having a bearing of North
6. 30' 40" West.
j:y tile (X\\C!It.l'''l, dl~l iVl:J'Y :llld :lCCC'P(,'lll('(' ,>I' 11(, ltJ'1ll'j "l
t.b:cL t1w prol:erty' -is b.\-i))'fT C"lIJvoycd"t.c' .,',' '(' ,It d.JIII J. "(11, '1:; 1IIIdcr'::'t,')uli
f, v," v ) '1(' lY"H1 ('0 h"j'. I' If
f'll.rpose ofenClbl-ing the Gr::mtee 'Lo const~~ctt' ~':\ ,",,':lb.II,. (;:'. ,l(: u.xprc:;~,;
by Gilroy lodLl'p 10 1 56r7; of n 1 t T ner80.d U U 11(1'jle to l)t:: us(.d
, l)~' 0 ~C11evo en aDd l'rotect-iVP Orderf 1, 1"<" .p. 1
purnoses connected 'H-l th Cd. -'; d : od ge tt} G t b. ~ ..., "~,h..; .!- or 8. 1
~' d T . ";,.,.LJ , J e 1'811 ee e,ng 8 I-jnld-~'''r Ccrnp n'
~eo~'.'1gS2-i . Jfdg:d; bit tol,: further understood that the srl~dp;~~mi's~s ar~ ~~~
1 purc_'18.s ~ y ne Grant8e for specul'" t. v - l' ., .'
d t' t n'1 e, re sa e or 'e"'C'l"i' purp
a11_1.ne .no strictly co:nmercial, ind:J.strial 0:1' resider}'ti"] {~S~0 ~(') . oses
COJil)'nnt'1on cf s,=>-id uses shall be m"'de f th .'" c , - 0 21Y
shall not .preclude the Grcmtee lea si ~:, V t~ the e Ef~: dt~~lg';, rt;T' ~~~~ver, ft1'i s
local soci8l activitiec f sh t d' ,t-.. . '.:>". .t., ),0. ')J( 1101' or
.:> 0 or ura Jon, Jae.; weGd'1nf receiptions and etc.
In the cvent the Grn11.. tee desires to cc..ll ttje ".... 'J.' .
th f ., . 0_ I ::",1 ( pl'(\ml "()(' or 0\ ny Jot
'. erl~O. , Lrrnntor s1"1811 hnve ,":lnd is herc1JY {rive.'] 4 't'l(' ,"'r1t--: ")f~' JdY'-
'3. .d :.. C' f t" 0 t.> ..L l" ., (1/1 (). rn-li lrch;'1:c;1 nf,
,(' prt',m'deSor r'c same price (jrantee is Wjllille to . cccpt from anyorJiJ (J:,j,