Roberta H. Hughan Revocable Trust - Memorandum of Purchase and Sale Agreementecording Requested by:
Old Republic Title Co.
Old Republic Title Co.
Escrow no. 0621007194
WHEN RECORDED MAIL TO:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
iDOCUMENT.
iiiiiiiiii�iiiii�
23474255 AMT PAID
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
#625 OLD REPUBLIC ER - SPL
Space Above This Line for Recorder's Use Only
MEMORANDUM OF PURCHASE AND SALE AGREEMENT
This Memorandum of Purchase and Sale Agreement ( "Memorandum ") is executed as of this
day of October, 2016, in connection with that certain Purchase and Sale Agreement, dated as of
September2016 ( "Purchase Agreement') by and between Roberta H. Hughan Trustee of the Roberta
H. Hughan Revocable Trust dated January 31, 2012, as to an undivided one third interest, Monica Pirozzoli
and Maureen Botill, Co- Trustees of the Marcia H. Bodnar Living Trust dated January 10, 2016, as to an
undivided one third interest, and Monica Pirozzoli and Gwyneth Sauceda, Co-Trustees of the Ronald F.
Howson Trust dated December 3, 2006, as to an undivided one third interest, all as tenants in common
(each a "Seller" and collectively, the "Sellers "), and the City of Gilroy, a municipal corporation ( "Buyer"),
relating to the sale to Buyer of that certain real property consisting of approximately 2,391 square feet
located at the corner of Third Street and Santa Teresa Boulevard in the City of Gilroy, County of Santa
Clara, State of California, and more particularly described on Exhibit A attached hereto ( "Property ").
1. Seller and Buyer have entered into the Purchase Agreement, which requires that Seller
convey, or cause to be conveyed, the Property to Buyer on the terms and conditions set forth therein,
including, without limitation, Section 6 and Section 7 of the Purchase Agreement which are set forth in
their entirety in Exhibit B attached hereto.
2. This Memorandum is prepared for the purpose of recordation and providing notice to
third parties of the above obligation and of the existence of the Purchase Agreement.
This Memorandum does not in any way modify the Purchase Agreement.
4. This Memorandum may be signed by the parties in different counterparts and the
signature pages combined shall create a document binding on all parties.
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SSCORDELiSl04706083
[SIGNATURES ON FOLLOWING PAGE]
Pages: 9
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RDE # 003
1012412016
08:31 AM
Recording Requested by:
Old Republic Title Co.
Old Republic Title Co.
Escrow no. 0621007194
WHEN RECORDED MAIL TO:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
THIS DOCUMENT HAS BEEN
_LEC kOi�ICAL�" RECORDED. SEE
IFHE ATTACHED COVER PAGE FOR
RECORDING INFORMATION
Space Above This Line for Recorder's Use Only
MEMORANDUM OF PURCHASE AND SALE AGREEMENT
This Memorandum of Purchase and Sale Agreement ( "Memorandum ") is executed as of this
day of October, 2016, in connection with that certain Purchase and Sale Agreement, dated as of
Sep emberZZ2016 ( "Purchase Agreement ") by and between Roberta. H. Hughan Trustee of the Roberta
H. Hughan Revocable Trust dated January 31, 2012, as to an undivided one third interest, Monica Pirozzoli
and Maureen Botill, Co- Trustees of the Marcia H. Bodnar Living Trust dated January 10, 2016, as to an
undivided one third interest, and Monica Pirozzoli and Gwyneth Sauceda, Co- Trustees of the Ronald F.
Howson Trust dated December 3, 2006, as to an undivided one third interest, all as tenants in common
(each a "Seller" and collectively, the "Sellers "), and the City of Gilroy, a municipal corporation ( "Buyer "),
relating to the sale to Buyer of that certain real property consisting of approximately 2,391 square feet
located at the corner of Third Street and Santa Teresa Boulevard in the City of Gilroy, County of Santa
Clara, State of California, and more particularly described on Exhibit A attached hereto ( "Property ").
1. Seller and Buyer have entered into the Purchase Agreement, which requires that Seller
convey, or cause to be conveyed, the Property to Buyer on the terms and conditions set forth therein,
including, without limitation, Section 6 and Section 7 of the Purchase Agreement which are set forth in
their entirety in Exhibit B attached hereto.
2. This Memorandum is prepared for the purpose of recordation and providing notice to
third parties of the above obligation and of the existence of the Purchase Agreement.
This Memorandum does not in any way modify the Purchase Agreement.
4. This Memorandum may be signed by the parties in different counterparts and the
signature pages combined shall create a document binding on all parties.
[SIGNATURES ON FOLLOWING PAGE]
4818 - 7515 -11620
SSCORDELIS104706083
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum as of the date first
set forth above.
[11114 1011X'
ROBERTA H. HUGHAN, Trustee of the Roberta H.
Hughan Revocable Trust dated January 31, 2012
By:
Roberta H. Hughan, Trustee
MONICA PIROZZOLI AND MAUREEN BOTILL, Co-
Trustees of the Marcia H. Bodnar Living Trust dated
January 10, 2016
By: .41-0
Monica Pirozzoli, T
By: �G (wit Qom_
Maureen Botill, Trustee
MONICA PIROZZOLI and GWYNETH SAUCEDA,
Co- Trustees of the Ronald F. Howson Trust dated
December 3, 2006
By: 44- R m2A.,
Monica Pirozzoli, Trustee
By: �= =
G auceda, trustee
[Signatures Continue on Following Page]
4818 - 7515 -11620
SSCORDELIS104706083
1jfa;ii
CITY OF GILROY,
a municipal corporation
,!..I
Name: C%a i,ei i �•�Za pZ
Title: Gv b►�'�pi-
Date: i to �l0i V Go
APPROVED AS TO FORM:
1�1- City
4818 - 7515- 1162v1
SSCORDELIM04706083
Attorney
LEGAL DESCRIPTION
All that real property situated in the City of Gilroy, County of Santa Clara, State of
California, being a portion of "Parcel 2" as shown on the Parcel Map filed December 8,
1989, in Book 608 of Maps, at Page 8, Records of Santa Clara, California being more
particularly described as follows:
Beginning at the southwest corner of said "Parcel 2 "; thence along the west line of said
"Parcel 2 ", N04 055'54 "E, a distance of 40.53 feet to the beginning of a non - tangent curve
to the left, of which the radius point lies N60 °58'50 "E, a radial distance of 61.50 feet;
thence leaving said west line and southeasterly along said curve, through a central angle
of 56 °28'00 ", a distance of 60.61 feet; thence S85 029'10 "E, a distance of 100.00 feet;
thence SO4 °30'50 "W, a distance of 13.00 feet to the south line of said "Parcel 2 "; thence
along said south line, N85'29'1 OW, a distance of 151.56 feet to the Point of Beginning.
Containing 2,391 square feet, more or less.
The bearing of N04 055'54 "E between found monuments along the centerline of Santa
Teresa Boulevard, as shown on the map entitled, "Tract 10267, Heartland Estates ", filed
June 29, 2015 in Book 884 of Maps, at Pages 25 through 31, Records of Santa Clara
County, California was used as the Basis of Bearings.
END OF DESCRIPTION.
This description was prepared by me or under my direction pursuant to the
requirements of the Professional Land Surveyor's Act.
B l 21�0/� p S
B n Pierce, PLS 8859 Date ti Flo
Expires: 12 /31/2017 ,� 9
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BASIS OF BEARINGS
THE BEARING OF N04'55'54 "E BETWEEN FOUND MONUMENTS
ALONG THE CENTERLINE OF SANTA TERESA BOULEVARD, AS
SHOWN ON THE MAP ENTITLED, "TRACT 10267, HEARTLAND
ESTATES ", FILED JUNE 29, 2015 IN BOOK 884 OF MAPS, AT
PAGES 25 THOUGH 31, RECORDS OF SANTA CLARA COUNTY,
CALIFORNIA WAS USED AS THE BASIS OF BEARINGS.
PARCEL 2
I (608 -M -8)
N60'58'50 "E(R)
DESCRIBED LAND
N 12,391 SQUARE FEET
N85'29'
10 "W 100.00'
POB N85'29'10 "W 151.56'
of 3RD STREET
Ln
N85.29'10 "W 403.71'(T)(R1)
318.71'
388.71'(R1)
PARCEL 3
(608 -M -8)
I /
0 50 100
SCALE IN FEET: 1 "= 50'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
BEING A PORTION OF PARCEL 2 AS SHOWN ON
THE PARCEL MAP FILED DECEMBER 8, 1989, IN
BOOK 608 OF MAPS AT PAGE 8, RECORDS OF
SANTA CLARA, CALIFORNIA
GILROY. CA
t
t 35'
I
rY
rY
I
15.00'
.............................�
50'
LINE TABLE
LINE
BEARING
LEGEND
�,NO Si/RV
- - - --
BOUNDARY LINE
p�.
t%
- — — —
— - DESCRIPTION LINE
N04'55'54 "E
50.00'
EXISTING EASEMENT LINE
y
*
EXISTING LOT LINE
Q
......................
-
TIE LINE
CENTERLINE /MONUMENT LINE
cc
Q�fp9
Wpb Z
12�t`
POB
(R1)
POINT OF BEGINNING
TRACT 10267 (884 -M -25)
y
OQ`
DISTANCE
*S
2rl �
CM)
(M
MONU ENTDTO MONUMENT
\ \TgTE
pF GP
(T)
TOTAL
BASIS OF BEARINGS
THE BEARING OF N04'55'54 "E BETWEEN FOUND MONUMENTS
ALONG THE CENTERLINE OF SANTA TERESA BOULEVARD, AS
SHOWN ON THE MAP ENTITLED, "TRACT 10267, HEARTLAND
ESTATES ", FILED JUNE 29, 2015 IN BOOK 884 OF MAPS, AT
PAGES 25 THOUGH 31, RECORDS OF SANTA CLARA COUNTY,
CALIFORNIA WAS USED AS THE BASIS OF BEARINGS.
PARCEL 2
I (608 -M -8)
N60'58'50 "E(R)
DESCRIBED LAND
N 12,391 SQUARE FEET
N85'29'
10 "W 100.00'
POB N85'29'10 "W 151.56'
of 3RD STREET
Ln
N85.29'10 "W 403.71'(T)(R1)
318.71'
388.71'(R1)
PARCEL 3
(608 -M -8)
I /
0 50 100
SCALE IN FEET: 1 "= 50'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
BEING A PORTION OF PARCEL 2 AS SHOWN ON
THE PARCEL MAP FILED DECEMBER 8, 1989, IN
BOOK 608 OF MAPS AT PAGE 8, RECORDS OF
SANTA CLARA, CALIFORNIA
GILROY. CA
t
t 35'
I
rY
rY
I
15.00'
.............................�
50'
LINE TABLE
LINE
BEARING
DIST
L1
N04'30'50 "E
13.00'
L2
N04'55'54 "E
40.53'
L3
N04'55'54 "E
50.00'
w
a
Ix
Q
I
CURVE TABLE
CURVE I
LENGTH
I RADIUS
I DELTA
Cl
1 60.61'
61.50'156-28'00"
1
RUGGERI- JENSEN -AZAR
ENGINEERS • PLANNERS ■ SURVEYORS
GUZ0' CA >,31 NE: (405"', 8:s�3 -C .) � FAX! i408) S48 -0302
SCALE: DATE: JOB NO.:
1" = 50 10/11/2016 994001 -31001
EXHIBIT B
Section 6 and Section 7 of the Purchase Agreement
6. No Further Dedication, Restoration of Fence. As additional consideration for the
purchase of the Property, Buyer hereby agrees with Sellers that Buyer shall:
(a) not require any further dedication of the remaining portion of Seller's land
immediately adjacent to the Property (i.e., Parcel 2 of Seller's remaining land) until such tune as
Seller or its successors and assigns proceed with any action in connection with a development
application,
(b) not require any reimbursement of improvement costs in connection with
the roundabout improvements to be made at the intersection of Third Street and Santa Teresa
Boulevard. and
(c) restore the portion of the Seller's fence (which, as of the Effective Date,
demarcates Seller's property from the public right -of -way adjoining Seller's property) in a
reasonably timely manner following the completion of the improvements described in Section 7
below, provided, however, that the location of such fence shall be adjusted so that the Property
(i.e.. the 2,391 square feet of land being purchased by Buyer) will no longer be within the fenced
area enclosing Seller's remaining property.
7. Right of Entry. From and after the Effective Date, and subject to Buyer's deposit
of the Purchase Price into Escrow (provided however, that the Purchase Price shall only be
released to Seller at the Close of Escrow in accordance with Section 2 above), Buyer and
Meritage Homes and their respective employees, agents, contractors and consultants (`Buyer's
Parties ") shall have the right to enter the Property to construct improvements related to the
roundabout intersection at Third Street and Santa Teresa Boulevard. All improvement work
performed on the Property shall be constructed in accordance with an improvement agreement or
development agreement between Buyer and Meritage Homes and shall comply with all
applicable laws, statutes, codes and regulations. There shall be no improvements constructed on
Seller's adjacent Property. As additional consideration for Buyer's payment of the Purchase
Price, Sellers hereby grant Buyer a temporary construction easement on the ten foot -wide strip of
land running along the property line between the Property and Sellers' adjacent property. Buyer
Parties' may use the temporary construction easement in connection with the roundabout
intersection improvement work on the Property until December 1, 2016. On or before
December 1, 2016, Buyer shall cause Buyer's Parties to remove all construction equipment and
debris from the temporary construction easement area and leave the area in substantially the
same condition as existed as of the Effective Date.
4818 - 7515 -11620
SSCORDELIS104706083
NOTARY ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
ss.
COUNTY OF Zj$, - C�„a••�
On / , before me, l0. G��u f Notary Public,
personally appeared ft o�.— , who proved to me on the basis of satisfactory
evidence to be the person(s Those nami�"is /ire- subscribed to the within instrument and acknowledged
to me that1w7'§he /tbey executed the same in.hisfher /their authorized capacity(lesj, and that by Pieher /the(
signature( the instrument the person, 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.
WITNESS hand and official seal. AMY LAZARUS
commbaion #► 2135646
(Seal) Notary Public - California
Santa Clara County
(Signatur M Comm. Expires Doc 31 2019
A Notary Public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
ss.
COUNTY OF SqA-;b�, Ckp,-c,
On DC-)5�4kj' 1Z,'41 l before me, 4J-4 (A VS , Notary Public,
personally appeared who proved to me on the basis of satisfactory
evidence to be the person whose nam "is /,ve subscribed to the within instrument and acknowledged
to me that kt /she /eeey executed the same in)Ws /her /*ir authorized capacity(je), and that by his /her /tl�rr
signature,( on the instrument the person(sj, or the entity upon behalf of which the persopo) 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.
WITNESS my hand and official seal.
C'" , tea (Seal) AIRY UWRUS
(Signatu e) Conwnitaion #i 2135648
Notary Public - California
Santa Clara County
Comm. Wres Dec 31, 2019
4818- 7515 -11620
SSCORDELIS104706083
A Notary Public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF .Sa,.zs- CS-A, ` ss.
On S (o/ IZ Lor' (, , before me, ':W" IA64"Js , Notary Public,
personally appeared (ea. 6 J 1 , who proved to me on the basis of satisfactory
evidence to be the personf4 whose names /# subscribed to the within instrument and acknowledged
to me that,Ke /she /tWy executed the same j5�rts/her /t]X r authorized capacity(*�), and that by J*/her /tbeir
signature,4 on the instrument the persons), or the entity upon behalf of which the persogk9) 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.
WITNESS my hand and official seal JUDY LAMUS
Conanitsion #► 2135848
(Seal) Nol"Pub6c - California
(Signa re) Santa Clan County
My Comm. Expires Dec 31 2019
A Notary Public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
i11rF11nxS1wyala tics] 32i .,
ss.
COUNTY OF
On l Z before me, � (A zjzos- ' Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the perso whose namefs-yis/arer—subscribed to the within instrument and acknowledged
to me that hefsfiie /thy executed the same in histher /tbefr authorized capacity(iesj; and that by *s/her /thy
signatureo on the instrument the perso9(11)1 or the entity upon behalf of which the personko 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.
WITNESS my hand and official seal.
C,R.t Aw .4 /'L a (Seal) JUDY LAZARUS
(Signat re Comn#ssion * 2135848 =
Notary Public - California
Santa Clara County
My Comm. Expires Dec 31. 2019
4818- 7515 -11620
SSCORDEL004706083
CALIFORNIA • • . •D
C:�a. e!: CC! a.! ac!. Ce! �.! a. �.! a.. a.! a... �.!. C.- CN .�..a.!a.!sC.�.!a.�.!�.�.�.!�.• . �t!�. �..!:CC �....!:�.. �r,.- C.!:�t!s�.!sCt..�.!�.,
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Cali nia
County of
On 10
Date
personally appeared
Name(,: of Signer(
who proved to me on the basis of satisfactory evidence to be th erson(? whose name) is/
scribed to the within instrument and ackno dged to me that he rtn y executed the same in
i erAtmir authorized capacity(W, and that b s it signature on the instrument the person ,
or the entity upon behalf of which the personOOffed, executed the instrument.
NSA AUMO
CO MI NWN s 2103704
= I OWY Public - CWOMIS
Soft can Counter
Coom iJ im Aw 16 2018+
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
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❑ Corporate Officer — Title(s):
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