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California Natural Resources AgencyPage l of 1 Document Details Next>M► Number: 22553724 Date: F 03/27/2014 3 T e: MEMO - MEMORANDUM Book/Page: NA / NA Parcel Number: NA Grantor Names rantee Name ALIFORNIA NATURAL RESOURCES AGENCY ITY OF GILROY STATE OF CALIFORNIA NATURAL RESOURCES AGENC Back to document list ORDER COPY http:// www. clerkrecordersearch .org /cgi- binloindex. mbr /alldetail ?Official =N &Birth= N &D... 7/30/2014 Recording requested by, and ) when recorded, return to: ) State of California ) Natural Resources Agency ) Bonds & Grants ) 1416 Ninth Street, Suite 1311 ) Sacramento, CA 95814 ) Space above this line for Recorder's use MEMORANDUM OF UNRECORDED GRANT AGREEMENT This Memorandum of Unrecorded Grant Agreement (Memorandum,), dated as of February 4, 2014, is recorded to provide notice of an agreement between the State of California, by and through the California Natural Resources Agency ( "Agency ") and the City of Gilroy ( "Grantee "). RECITALS On or about February 23, 2007, Agency and Grantee entered into a certain Grant Agreement, Grant No. R81603 -0 ( "Grant"), pursuant to which Agency granted to Grantee certain funds for the acquisition or development of certain real property, more particularly described in attached Exhibit A, consisting of the legal descriptions and /or deeds, and incorporated by reference (the "Real Property") and bearing Assessor Parcel Number 808 -18 -21 (formerly part of APNs 808 -18 -1 and 808 -18 -5) and 808- 18 -22. • Under the terms of the Grant, Agency reserved certain rights with respect to the Real Property. • Grantee desires to execute this Memorandum to provide constructive notice to all third parties of certain Agency reserved rights under the Grant. NOTICE • The Real Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. • The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State. • The Grantee shall not use or allow the use of any portion of the real property as security for any debt. • For additional terms and conditions of the Grant, reference should be made to the Grant Agreement, which is on file with the California Natural Resources Agency, 1416 Ninth Street, Suite 1311, Sacramento, California 95814. G EE: By: PARCEL # 808 -18 -21 BEGINNING at the southeasterly corner of the Solis Rancho on the Northerly line of Las Animas Ranch Lot II, said point being shown on that certain survey entitled, "Record of Survey of a portion of Ranch Lot #II, Las Animas Rancho Partition Suit Superior Court Case #5536 Map No.7," filed for record February 16, 1970, in Book 264 of Maps at page 28, thence South 86 °45' East 200.07 feet to a point on the Easterly side line of the Santa Teresa Expressway as shown on the aforementioned Record of Survey said point being the TRUE POINT OF BEGINNING of this.description; thence southerly and westerly along the easterly and southerly side line of said Expressway south 40 °48'37" west 57.52 feet and north 85 °11'23" west 50.00 feet; thence leaving said Expressway south 48 °07'45" East 469.80 feet to a point; thence South 60 °22'29" East 1469.00 feet to a point; thence South 54 °23'38" East 1084.59 feet to a point; thence North 75 °20'19" East 310.28 feet to a point; thence North 62 °48'18" East 232.72 feet; thence south 54 °47'13" East 318.43 feet to a point; thence South 21 °30' 36" East 316.66 feet to a point; thence South 62 °00'54" East 268.54 feet to a point; thence south 60 °05' East 701.51 feet more or less to a point in the westerly side line of Miller Avenue (40 feet wide), said point bearing North 60 °05' West 20.00 feet and south 29 °17'24" West 30.17 feet from the former corner of lands of Miller and Lux Incorporated, Fulkner, Stelling, and that certain 317.25 acre tract of land conveyed by Miller and Lux Incorporated, a corporation, to G.G. Bouret, et al, by Deed recorded July 10, 1929 in Book 466 of Official Records, page 586; thence Northerly along the westerly side line of Miller Avenue, North 29 °17'24" East 30.17 feet to a point in the Southerly line of said 317.25 acre tract of land conveyed to G.G. Bouret et al; thence along said last named southerly line and also being along the Carnadero Creek Traverse, as shown on Map No. 7 accompanying Report of Commissioners in Henry Miller, et al, Plaintiffs vs Massey Thomas, et al, Defendants, in the Superior Court of the State of California in and for the County of Santa Clara, North 48 °45' west 363.43 feet north 55 °15'west 373.56 feet, North 40 °15' West 511.50 feet, North 47 °30' West 385.44 feet, North 61 °30' West 679.80 feet, North 85 °45' West 605.22 feet to a 1" X 1" Iron bar; North 40 °30' West 547.80 feet; North 61'55 West 1158.30 feet (at 91.40 feet, 1" pipe at the ,Southwesterly corner of said 317.25 acre Bouret Tract) North 86 °45' West 421.65 feet more or less to the TRUE POINT OF BEGINNING, containing 32.730 acres of land more or less. PARCEL # 808 -18 -22 BEING a portion of Parcel 3 as shown on Parcel Map filed for record in Book 496 of Maps at pages 25 and 26, Records of Santa Clara County, California, and being also a portion of that certain 50.689 Acre Parcel of Land conveyed to Santa Clara Valley Water District as a flood easement and described as Parcel "A" in the AMENDED FINAL ORDER OF CONDEMNATION, Superior Court Case No. 652918, copy of which is recorded in Book K942 at page 2108, Official Records of Santa Clara County, and being more particularly described as follows: BEGINNING at the corner common to Parcels 2 and 3 in the centerline of Miller Avenue, as shown on said Parcel Map, and running thence along the line common to said Parcels N 50 °21'13" W, 493.94 feet, N 71 °51'58" W 327.61 feet, N 49 °10'46" W, 123.54 feet, N 76 °15'03" W 211.94 feet, S 89 °43'22" W 58.21 feet and S 80 °24'29" W, 100.20 feet to the most southwesterly corner of the Levee Easement described as Parcel "C" in said Final Order of Condemnation; thence leaving said common line and running along the easterly line of said Parcel "C" N 9 °35'31" W, 40.00 feet; thence along a curve to the right with a.radius of 40.00 feet, from a tangent bearing of S 80 °24'29" W, through a central angle of 79 °11'56" for a distance of 55.29 feet; thence N 20 °23'35" W, 138.26 feet; thence along a curve to the right with a radius of 360.00 feet, through a central angle of 30 °59'48" for a distance of 194.76 feet; thence along a curve to the left with a radius of 320.00 feet, through a central angle of 82 °00'17" for a, distance of 458.00 feet; thence along a curve to the right with a radius of 400.00 feet, through a central angle of 30 °09'55" for a distance of 810.59 feet; thence N 41 °13'52" W, 543.08 feet to the most northerly corner to said Parcel "C" in the northeasterly line of said Parcel 3; thence along said northeasterly line S 54 °23'18" E, 792.80 feet, N 75 °20'19" E, 310.28 feet, N 62 °48'18" E, 232.72 feet, S 54 °47'13" E, 318.43 feet, S 21 °30'36" E, 316.66 feet, S 62 °00'54" E, 268.54 feet, and S 60 °05'00" E, 717.40 feet to the most easterly corner to said Parcel 3 in the centerline of Miller Avenue, as shown on said Map; thence along said centerline and the southeasterly line of Parcel 3 S 29 °17'24" W, 131.90 feet and S 35 °02' W, 549.23 feet to the point of beginning and CONTAINING THEREIN 29.78 acres: EXHIBIT A CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California CJ County o6an-� M personally appeared 1 before me, CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person( whose name,)2�are- subscribed to the within instrument and acknowledged to me that Iie/ hefthey executed the same in Is m their authorized capacity(i�Q, and that by is eF4heir signature(k on the instrument the person(o, or the entity upon behalf of which the personl� acted, executed the instrument. INGA ALONtO I certify under PENALTY OF PERJURY under the Commission # 1931989 laws of the State of California that the foregoing Notary Public - Caiitornia Santa Clara County paragraph is true and correct. 1 My Comm. Expires Apr 15, 2015 WITNESS y hand and official seal. Signature. � Place Notary Seal Above /'7 1 , nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove alua )o persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attach ocume�n ,M Title or Type of Do�rpen � It ( �,1 I 1 I j �,l Document Date: Signer(s) Other Than Named Above: N i Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb her ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: ❑ Corporate Officer — Title(s): ❑ Individual e ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 0 2010 National Notary Association • NationalNotary.org - 1- 800 -US NOTARY (1- 800- 876 -6827) Item #5907