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Meritage Homes of California (5)RECORDING REQUESTED BY CITY OF GILROY WHEN RECORDED MAIL TO: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 6103 23482198 Regina Alcomendras Santa Clara - Clerk- Recorder 10/31/2016 09:34 AM Titles: 1 Pages: 5 Fees: $42.00 Taxes: $0.00 Total: $42.00 GRANT OF PUBLIC SERVICE EASEMENT MERITAGE HOMES OF CALIFORNIA, INC., a California corporation ( "Grantor "), does hereby GRANT to the CITY OF GILROY, a municipal corporation of the State of California ( "Grantee "), an easement for any and all public service purposes including, but not limited to, the construction and maintenance of poles, wires, and conduits, for storm drains, sanitary sewers, water lines, gas lines, electric lines, telephone lines, television and traffic signal facilities, sidewalks, public utilities, and appurtenances to all the above, over, under or across all that certain real properly situated in the City of Gilroy, County of Santa Clara, California, described as "Public Service Easement" ( "PSE ") in Exhibit "A" and shown in Exhibit "B ", both attached hereto and made a part hereof. The above - mentioned easements shall remain open and free from buildings and structures and their appurtenances, except for irrigation systems and their appurtenances, lawful fences, walkways, and all lawful unsupported roof overhangs. See Exhibits "A" and "B" attached hereto and made a part hereof, which description and plat are by reference incorporated herein. Grantor MERITAGE HOMES OF C IFORNIA INC., a California corporation By: Barry Grant — s' n President Date: 16 t 2-1 1 t 6 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT 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 CSJ an o ) On bewoQ 2� , 2016, before me, V 1 Ch(j 0i,_ A46U AS , Notary Public, personally appeared R) r(Vl Gram- , who proved to me on the basis of satisfactory evidence to be the pe on(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /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. 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. "My Public • California ignature of Notary 8olm County Commission • 2105949 (Notary Seal) CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by MERITAGE HOMES OF CALIFORNIA, INC. A CALIFORNIA CORPORATION This is to certify that the interest in real property conveyed by the Grant of Public Service Easement from MERITAGE HOMES OF CALIFORNIA, INC. A CALIFORNIA CORPORATION dated October 21, 2016 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. 2015 -55 of the City of Gilroy adopted October 27, 2015, 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 923133758, dated November 3, 2015 and the grantee consents to recordation thereof by its duly authorized officer. In witness whereof, I have hereunto set my hand on October 28, 2016 By: Gabriel A Gonzalez, Ci y d strator City of Gilroy "EXHIBIT A" LEGAL DESCRIPTION MERITAGE HOMES PUBLIC SERVICE EASEMENT All that real property situated in the City of Gilroy, County of Santa Clara, State of California, described as follows: All of Parcel H as shown on that certain Map entitled "Tract 10279, Hoey South ", filed June 17, 2016 in Book 893 of Maps, at Pages 32 through 41, Records of Santa Clara County, California, being more particularly described as follows: Beginning at the west corner of said "Parcel H "; thence along the northwest line of said "Parcel H", N72 048'36 "E, a distance of 14.61 feet to the northeast line of said "Parcel H"; thence along the said northeast line, S86 °46'14 "E, a distance of 76.34 feet to the south line of said "Parcel H "; thence along said south line, S89 °59'22 "W, a distance of 90.17 feet to the Point of Beginning. Containing 195 square feet, more or less. As shown on "Exhibit B ", attached hereto and made a part hereof. END OF DESCRIPTION. This description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. Bryan Pierce, PLS 8859 Date Expires: 12/31/2017 Page 1 of 1 /PVLAND SV9`F� C� p9 C Cr. p�tiAGE a No 6659 Q 2 Q' \�qTF OF 0-' SYN GENTA CO PARCEL 2 PARCEL H DOC NO. 23177043 1 9 S F± a rn (893 -M -32) `0 N89'59'22 "E 90.17' - -- - -- POB 3RD STREET LINE TABLE LINE BEARING DIST L1 N72'48'36 "E 14.61' POB LEGEND BOUNDARY LINE EXISTING LOT LINE POINT OF BEGINNING "EXHIBIT B" PLAT TO ACCOMPANY DESCRIPTION FOR PARCEL H BEING ALL OF PARCEL H AS SHOWN ON THE MAP ENTITLED "TRACT 10279, HOEY SOUTH" FILED JUNE 17, 2016 IN BOOK 893 OF MAPS, PAGES 32 THROUGH 41, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA GILROY, CALIFORNIA wy��*�pj` LAND sG9\ l/ BRYAN Osf IL PIERCE eeeel� OQ FOF CA`�F , 0 20 40 SCALE IN FEET: 1 "= 20' SHEET 1 OF 1 ml RUGGERI- JENSEN -AZAR ENGINEERS m PLANNERS ■ SURVEYORS 84;5 "AMINO ARR,,'rG GILROY, CA 95020 PHONE::: (408) 848 -0303 FAX- (408} 848 -0302 SCALE: DATE: JOB NO.: 1 "= 20' 10/12/2016 994001 -25001