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Syngenta Flowers - Utility Easement AgreementRECORDING REQUESTED BY: RECORDING REQUESTED BY FIRST AMERICAN TITLE Ot31-1' 0.5d 5 WHEN REC RDE RETURN TO: LMA Law, LLP Attn: Lucy Lofrumento, Esq. 60 South Market Street, Suite 1400 San Jose, CA •95113 APNs 810 -21 -021 and 810 -21 -022 (New APNs, not yet assessed, formerly portion ofAPN 810 -21 -001 and 810 -21 -007 (affects this and other property)) DOCUMENT: '23177048 Pages: 15 Fees 67 00 Taxes Copies.. ! AMT PAID 67.00 REGINA ALCOMENDRAS RDE• #. 026 SANTA CLARA COUNTY RECORDER 12/18/2015 Recorded at the request of 1 :29 PM Title Company SPACE ABOVE THIS LINE FOR RECORDER'S USE UTILITY EASEMENT AGREEMENT (Agricultural Water Wells, Pipelines and Electrical Lines) A. CITY OF GILROY (the "City ") is the owner of that certain real property located in the City of Gilroy, California, more particularly described on the attached Exhibit C (the "Grantor Property "). B. SYNGENTA FLOWERS, INC., a Florida corporation ( "Syngenta ") is the owner of that certain real property located in the vicinity of the Grantor Property consisting of four separate legal parcels more particularly described on the attached Exhibit -D (the "Benefitted Property"). The Benefitted Property shall also include any other real property acquired by Syngenta that is adjacent to the property described in Exhibit D, and upon such acquisition, all references the "Benefitted Property" shall mean and include such additional real property. C. Syngenta utilizes the Benefitted Property for commercial agricultural purposes and related activities. Water for such uses is provided primarily by two water wells ("Wells "). The Wells and some of the pipelines and related electric facilities necessary to convey water from the Wells to the Benefitted Property (collectively, the "Water Facilities ") are located on a portion of the Grantor Property consisting of a strip of land ten (10) feet in width (the "Easement. Area"), which is identified as the "Well and Pipeline Easement" on the legal description attached hereto as Exhibit A and on the plat attached hereto as Exhibit B. The Water Facilities may include (i) two agricultural water wells, security coverings, water pipelines, conduits, fittings, connections, and related fixtures, (ii) electrical lines, conduits, connections, and related fixtures and /or (iii) other additional equipment necessary (in Grantor's sole and absolute discretion) for Syngenta's reasonable use and enjoyment of the Water.Facilities. D. By this instrument, the City wishes to grant to Syngenta a utility easement over and across the Grantor Property to and for the benefit of the Benefitted Property and to establish Syngen&s rights in and to the Water Facilities, in accordance with the terms and conditions set forth below. Page 1 of 8 Utility Easement Agreement (Agricultural Water Wells. Pipelines and Electrical Lines) GRANT OF EASEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Definitions. I.I. For all purposes of this Agreement, the following terms shall have the meanings ascribed to them below: (a) "Agreement" shall mean this Utility Easement Agreement. (b) "Grantor" shall mean the City of Gilroy or its successor or assign or any successor - interest in ownership of the Grantor Property. (c) "Grantor Parties" shall mean Grantor or any of its agents, employees, affiliates, contractors, subcontractors or other representatives. (d) "Utility Easement'Owner" shall mean Syngenta or its successor or assign or any successor- interest in ownership of the Benefitted Property. (e) "Utility Easement Owner Parties" shall mean Utility Easement Owner or any of its agents, employees, affiliates, contractors, subcontractors or other representatives. 2. Grant of Utility Easement. 2.1. Scope of Utility Easement. Grantor hereby grants and conveys to Utility Easement Owner, a perpetual, non - exclusive easement over, upon, under and through the Grantor Property (the "Utility Easement"), for the benefit of the Benefitted Property for the right to: (a) install, use, maintain, repair, improve, reconstruct, upgrade and /or operate the above- described Water Facilities within the Easement Area, which 'Water Facilities shall be owned solely by Utility Easement Owner; provided, however that Utility Easement Owner agrees that any such installation, use, maintenance, repair, improvement, reconstruction, upgrade and/or operation shall be conducted by Utility Easement Owner in a good and workmanlike manner and in accordance with good engineering practices, and that Utility Easement Owner shall provide Grantor with at least five (5) business days written notice (except in an emergency, in which case prior notice shall be provided only to the extent reasonably practicable) prior to the date that any Utility Easement Owner Parties commence any work within the Easement Area; provided, however, that Utility Easement Owner shall not be required to provide Grantor with such written notice for routine maintenance inspections of the Water Facilities (i.e., inspections of the water level, various gauges, etc.); (b) pump, take or otherwise extract and use water from any underground basin or underground strata lying beneath the surface of the Grantor Property; provided, however, that Syngenta's right to use the surface of the Easement Utility Easement Agreement Page 2 of 8 (Agricultural Water Wells, Pipelines and Electrical Lines) Area for such purposes shall be limited to the use of the Water Facilities as described herein; and (c) access, ingress and egress to and from, the Water Facilities for any of the purposes described above. 2.2. Maintenance, Repair and Replacement of Water Facilities. Utility Easement Owner shall be responsible, at its sole cost and expense, for the maintenance, repair and replacement, if necessary, of the Water Facilities; provided, however, Grantor shall be obligated to pay or reimburse Utility Easement Owner for any and all damage (other than due to ordinary wear and tear) to. the Water Facilities located within the Easement Area, to the extent caused by the negligence or wrongful acts of the Grantor Parties. In the event Utility Easement Owner shall fail to comply with its maintenance, repair or replacement obligations set forth in this Section 2.2, and such failure continues for more than thirty (30) consecutive days following the receipt by Utility Easement Owner of a written notice from Grantor of such failure (or if such failure cannot reasonably be cured within such thirty (30) day period, then if Utility Easement Owner fails to commence curing such failure within such thirty (30) day period or thereafter diligently fails to prosecute such cure to completion), or if such failure to maintain, repair or replace such Water Facilities creates an immediate threat of death or injury to person or damage to property (as determined by Grantor in the exercise of its reasonable discretion), then the Grantor Parties shall have the right to cure or remedy such failure of Utility Easement. Owner as reasonably necessary and the reasonable out -of- pocket costs and expenses 'incurred by or on behalf of Grantor in curing the failure of Utility Easement Owner shall be reimbursed by Utility Easement Owner within thirty (30) days following receipt by Utility Easement Owner of a written invoice and reasonable back up documentation evidencing such maintenance, repair or replacement costs incurred by or on behalf of Grantor. 2.3. Restoration of Grantor Prooertv. If any Utility Easement Owner Parties enter upon the Grantor Property for the maintenance, repair or replacement of the Water Facilities, Utility Easement Owner agrees, upon completion of any maintenance, repair or replacement of the Water Facilities, to restore the Grantor Property affected by such maintenance, repair and /or replacement work to substantially the same condition as existed prior to any work performed by, for or on behalf of Utility Easement Owner. In the performance of such maintenance, repair or replacement work with respect to such Water Facilities, Utility Easement Owner shall use reasonable efforts to avoid causing any damage to, or interference with, any other improvements or landscaping or hardscape now or hereafter constructed or installed by Grantor on, within or around the Easement Area. If any damage, destruction or disturbance occurs on the Grantor Property as a result of Utility Easement Owner's exercise of any of its maintenance, repair or replacement rights set forth in Section 2.2 above, Utility Easement Owner shall repair and restore such portions of the Grantor Property and the improvements thereon to substantially the same condition that existed immediately prior to such damage, destruction or disturbance, at no cost to Grantor. In the event Utility, Easement Owner shall fail to make such repairs and restoration, and such failure continues for more than five (5) business days following the receipt by Utility Easement Owner of a written notice from Grantor of such failure, or if such failure to repair or restore such damage, destruction or disturbance creates an immediate threat of death or injury to person or damage to property (as determined by Grantor in the exercise of its reasonable discretion), then the Grantor Parties shall have the right to cure or remedy such failure of. Utility. Easement Owner as reasonably necessary and the reasonable out-of-pocket costs and expenses incurred by or on behalf of Grantor in curing the failure of Utility Easement Owner shall be reimbursed by Utility Easement Owner within five (5) business days following receipt by Utility Easement Owner of a written invoice and reasonable Page 3 of 8 Utility Easement Agreement (Agricultural Water Wells, Pipelines and Electrical Lines) back up documentation evidencing the cost to repair such damage, destruction or disturbance to the extent caused by the Utility Easement Owner Parties. 2.4. Covenant.by Utility Easement Owner. Utility Easement Owner covenants, for the protection and benefit of the Grantor Property and the Grantor Parties, not to materially interfere with the use of the Grantor Property by the Grantor Parties, subject to Utility Easement Owner's superior rights under the Utility Easemenrt granted herein. 2.5. Reservation of Rights by Grantor. The Utility Easement is subject to the following reservations by Grantor. (a) Grantor reserves the right to use the surface area of the Easement Area for any use that does not unreasonably interfere with access to, or the use of, the Water Facilities by Utility Easement Owner and/or cause damage to the Water Facilities; provided however, Grantor agrees that no structure, building or improvement shall be installed, constructed or maintained by or on behalf of Grantor within any portion of the Easement Area that materially and adversely affects the right of Utility Easement Owner to use or access the Water Facilities in accordance with the provisions of this Section 2. (b) Grantor specifically reserves the right to allow other utility lines to be installed, maintained, repaired and replaced under, across and/or within the Easement Area, provided those utility lines do not materially interfere with access to, or the continuous use or operation of, the Water Facilities by the Utility Easement Owner. 3. Insurance. During any period of time that any of the Utility Easement Owner Parties is inspecting, maintaining, repairing or replacing the Water Facilities under the Grantor Property, Utility Easement Owner shall obtain and keep in force a commercial general liability insurance policy, on an occurrence basis, insuring Utility Easement Owner and Grantor against any and all claims, liabilities, damages, actions, causes of action, costs and expenses (including, without limitation, attorneys' fees) arising out of or resulting from such activities of the Utility Easement Owner Parties on the Grantor Property and /or Easement Area. Such commercial general liability insurance shall be in an amount of not less than $2,000,000 per occurrence for bodily injury, death and property damage. The limits of such insurance shall not, however, limit the liability of Utility Easement Owner. Utility Easement Owner shall cause Grantor, its officers, officials and employees to be named as additional insureds on such commercial general liability insurance policy, and any liability policy or policies maintained by Grantor shall be non - contributory. Such commercial general liability insurance policy shall be placed with a company or companies rated A- VII or better in the most recent update or edition of Best's Insurance Rating Guide. Upon request, Utility Easement Owner shall deliver to Grantor a certificate of insurance evidencing the existence and amount of such commercial general liability insurance as required herein. No such commercial general liability policy shall be cancelled, terminated or subject to material reduction or modification of coverage except after thirty (30) days' prior written notice to Grantor, provided, however, if Utility Easement Owner's insurance company will not agree to provide Grantor with such thirty (30) days' prior written notice despite Utility Easement Owner's good faith efforts to cause its insurance company to provide such notice, then Utility Easement Owner shall be relieved of the obligation to provide such notice to Grantor. Such efforts shall be documented in writing and provided to the City. Page 4 of 8 Utility Easement Agreement (Agricultural Water Wells, Pipelines and Electrical Lines) 4. Indemnification. Utility Easement Owner shall indemnify, defend, protect and save Grantor and the other Grantor Parties harmless for, from and against any and all demands, liabilities, damages, losses, liens, expenses, causes of action, actions, suits, claims, costs, expenses and judgments, including, without limitation, reasonable attorneys' fees and costs (collectively "Claims "), arising from injury or death to person or damage to property arising from, relating to or in connection with the (i) entrance upon the Easement Area or any other portion of the Grantor Property by the Utility Easement Owner Panties in connection with the exercise of Utility Easement Owner's rights under this Agreement and/or (ii) the use, operation, inspection, maintenance, repair and /or replacement of the Water Facilities, or any part thereof, by the Utility Easement Owner 'Parties. In no event, however, shall such indemnification, defense, protection and save harmless obligation referred to in the immediately preceding sentence apply to any Claims to the extent arising out of the negligence, recklessness or wrongful ads of the Grantor . Parties. The provisions of this Section 4 shall survive the termination of this Agreement. 5. Mechanic's Liens. In the event any of the Utility Easement Owner Parties enters onto the Grantor Property, or any portion thereof, to inspect, maintain, repair or replace the Water Facilities, or any portion thereof, Utility Easement Owner shall keep the Grantor Property and the Easement Area free and clear of any and all mechanics' or materialman's claims, liens or encumbrances arising -from such inspection, maintenance, repair and/or replacement activities. If any such mechanics' or materialman's' claims, liens or encumbrances are recorded against the Grantor Property, or applicable portion thereof, and the same arise from or relate to the activities of any of the Utility Easement Owner Parties, Utility Easement Owner shall remove or shall bond such claim, lien or encumbrance from the Grantor Property not later than twenty (20) calendar days after Utility Easement Owner becomes aware of the recording or filing of same. If any mechanics' or materialman's claims, liens or encumbrances which Utility Easement Owner is required to remove or bond against are not removed or bonded against during the aforesaid twenty (20) day period, then Grantor shall have the right to take any steps necessary to cause such removal or bonding, the cost of which shalli be reimbursed by Utility Easement Owner not later than ten (10) business days after demand for payment is made. If not paid within such ten (10) business day period, the amount owed shall thereafter bear interest at the rate of ten percent (10 %) per annum or the maximum rate permitted by law, whichever is less, until fully paid. 6. Injunctive Relief and Damages. In the event of any breach or threatened breach of this Agreement by Grantor or Utility Easement Owner (a "Defaulting Party°) of any restriction or provision of this Agreement, the other party (the "Non-Defaulting 'Party") shall be entitled, in its sole and absolute discretion, except to the extent any exclusive remedy is provided elsewhere in this Agreement with respect to a breach by such party hereunder, to: (a) seek immediate injunctive relief to enjoin such breach or future breach of this Agreement, and /or (b) prosecute any proceedings at law or in equity, including to recover damages for any such breach or threatened breach. In the event of a breach or a threatened breach, the rights, powers and remedies available to the Non - Defaulting Party hereunder may be enforced in any order, and all rights, powers and remedies available to the Non - Defaulting Party in such event shall be non- exclusive and cumulative (unless otherwise expressly provided herein) of all other rights, powers and remedies provided hereunder or by law or in equity. All damages awarded to a Non- Defaulting Party shall be due and payable within thirty (30) days' after written demand to the Defaulting Party from the Non - Defaulting Party, and shall accrue interest at the maximum rate allowed by law on such unpaid amounts, determined from the tenth (10th) day from demand. Page 5 of 8 Utility Easement Agreement (Agricultural Water Wells, Pipelines and Electrical Lines) 7. Covenants to Run with the Land. The Utility Easement contained herein is for the benefit of Utility Easement Owner and the covenants contained herein are for the benefit of Grantor, Utility Easement Owner, the Grantor Property (including, without limitation, the Easement Area) and the Benefitted Property. Such covenants shall run with the Grantor Property and the Benefitted Property, and shall apply to and bind, unless otherwise expressly set forth herein, the successors and assigns of the City and Syngenta and the successor fee owners of the Grantor Property and Benefitted Property. Each and all of such covenants are imposed on the Grantor Property and Benefitted Property as covenants running with the land in favor of the City ' and Syngenta, and their respective successors, assigns and successors in interest in the Grantor Property and Benefitted Property. 8. Miscellaneous. 8.1. Unless otherwise set forth herein, the Utility Easement granted to Syngenta herein shall be perpetual, nonexclusive and appurtenant to the Benefitted .Property. 8.2. The Utility Easement granted to Syngenta hereunder shall be used by the Utility Easement Owner with due care and in compliance with all applicable laws, and in a manner so as not to cause an unreasonable disruption with respect to the portion of the Grantor Property burdened by the Utility Easement. 8.3. The breach of any restriction or other provision of this Agreement shall not defeat, render invalid, diminish or impair or render unenforceable the lien of any bona fide first mortgage or deed of trust made in good faith and for value, but all of the covenants, restrictions, easements and conditions and other provisions, terms and conditions contained in this Agreement shall be binding upori and effective against any person (including, but not limited to, any mortgagee or beneficiary under a deed of trust) who acquires an interest in or to the Grantor Property or Benefitted Property, or applicable portion thereof, as applicable, by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise. In the event of any breach or default of this Agreement by Grantor or Utility Easement Owner, the Non - Defaulting Party shall give to the holder of bona fide first mortgage or deed of trust encumbering the parcel owned by the Defaulting Party (provided the name and address of such holder of a first mortgage or deed of trust has been provided in writing to the Non-Defaulting_ Party) written notice of such default and a reasonable opportunity to cure such default. 8.4. Any notice, payment, demand, offer, or communication required or permitted to be given by any provision of this Agreement to Grantor or Utility Easement Owner shall be deemed to have been sufficiently given or served for all purposes if sent by registered or certified mail (return receipt requested), postage and charges prepaid, or by Federal Express or other reputable overnight delivery service requiring a signature upon receipt, addressed as follows (or to such other address as any successor owner of the Grantor Property may notify Utility Easement Owner or any successor owner of the Benefitted Property may notify Grantor, in writing, as applicable): If to Grantor: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attn: Director of Public Works/City Engineer Page 6 of 8 Utility Easement Agreement (Agricultural Water Wells, Pipelines and Electrical Lines) If to Utility Easement Owner: Syngenta Flowers, Inc. 2280 Hecker Pass Road Gilroy, CA 95020 Attn: Legal Department Any such notice shall be deemed to be given on the first date on which it is received or receipt thereof is refused. 8.5. In the event an owner of the Grantor Property or Benefitted Property sells or conveys the Grantor Property or Benefitted Property, respectively, then such selling owner shall thereupon be released and discharged from any and all obligations under this Agreement with respect to such Grantor Property or Benefitted Property accruing from and after the consummation of such sale and conveyance but shall remain liable for all obligations under this Agreement accruing prior to the consummation of such sale and conveyance. 8.6. Neither the execution of this Agreement nor the granting of the Utility Easement described herein shall be deemed to grant any other easement or to establish any other easement by implication or prescription, and the only easement made and granted hereunder is the Utility Easement. 8.7. If Grantor ,or Utility Easement Owner commences an action or proceeding against any other to enforce any of the terms hereof or to interpret the terms of this Agreement, the losing or defaulting party shall pay the prevailing party reasonable out -of- pocket attorneys' fees, costs and expenses incurred in connection with such action, and in connection with any action to collect on or appeal any judgment rendered thereunder. 8.8. Neither this Agreement nor any acts of the parties shall be deemed or construed by the parties hereto, or any of them, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between any of the parties. 8.9. No modification, waiver, amendment, discharge, or change of this Agreement shall be valid unless the same is in writing and signed by the respective fee owners of the Grantor Property and Benefitted Property, provided that the consent of a mortgagee shall be required to cause the interest of such mortgagee in the Grantor Property or the Benefitted Property or portion of the Utility Easement located on the Grantor Property to be subordinate to such amendment. 8.10. This Agreement and the obligations of the parties hereunder shall be interpreted, construed, and enforced in accordance with the laws of the State of California. 8.11. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Grantor Property or any portion of the Utility Easement created hereunder to the general public or for any public purpose whatsoever, it being the intention of the parties that this Agreement shall be strictly limited to and for the purposes herein expressed. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the,City and Syngenta. [Signatures Appear on Following Page] Page 7of8 Utility Easement Agreement (Agricultural Water Wells, Pipelines and Electrical Lines) Signatures to Utility Easement Agreement (Agricultural Water Wells, Pipelines and Electrical Lines) Reference Date: DU144vt 12 , 2015 CITY OF GILROY By: Print Name: J, Eof waro( 7"e tiwe5 Title: l n f eriVh. Gify Aq fn;ni0rafor Date: APPROVED AS TO FORM: By: d Print Name: And W et- Title: C- _ Date: ot� l5 Title: Date: I I (30 l5 Page 8 of 8 Utility Easement Agreement (Agricultural Water Wells, Pipelines and Electrical Lines) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 On N61 before me, F- G-t NMAYL1 Date c Here Insert Name and Title of the cer personally appeared J y41eah �, Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the persons)- whose name(sy is/are- subscribed to the within instrument and acknowledged to me that he/site/they executed the same in his/ eEff elr authorized capacityow+, and that by his/herAheirsignature(s) on the instrument the persorW, or the entity upon behalf of which the person(*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. E1 17ARETH F. CARR Conadulm iv 2121695 Mary hMc • CaMornla Signature Clara (0%CwmLE*mAq15.2M9 nature of Notary Public Place Notary Seal Above OP77ONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document.- Number of Pages: Signer(s) Document Date: Other Than Named Above: Capaciity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator • Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 • - NIA ALL-PURPOSE 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 Calif • a Coun of � +% ^i n y5�,_ On • -1 0-I Date personally appeared Name(s) of Signer(s) who ,proved to me on the basis of satisfactory evidence to be the erson( whose name (i)a s scribed to the within instrument and acknowled ed to me that a 'they executed the same in i _ r authorized capacity(i), and that b it signature on the instrument the person, or he entity upon behalf of which the personX acted, executed the instrument. 019A ALOW = Ca,r00002103704 • y PYfo - cMo..o�m,m Santa clam C" ft COImm. Uea 15 2019 I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature U46, a&vm, Si tune of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(jes) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Signer's Name ❑ Corporate Officer — Title(s): Q Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: 02014 National Notary Association - www.Nationa]Notary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 "EXHIBIT A' LEGAL DESCRIPTION FOR A WELL AND PIPELINE EASEMENT All that real property situated in the City of Gilroy, County of Santa Clara, State of California, being portions of "Parcel B" and "Parcel D ", as shown on the map entitled "Tract 10220, Hecker Pass ", filed October 30, 2014 in Book 877 of Maps, at Pages 21 through 42, Records of Santa Clara County, California, more particularly described as follows: Commencing at the northwest comer of said "Parcel B "; thence along the west line of said "Parcel B ", S00 016'09 "E, a distance of 8.82 feet to the Point of Beginning; thence leaving said west line, S47 °43'29 "E, a distance of 241.71 feet to a tangent curve to the left having a radius of 634.00 feet; thence easterly along said curve, through a central angle of 4501T09 ", a distance of 501.11 feet to a point hereforth described as "Point A"; thence N86 059122 "E, a distance of 178.93 feet; thence S43 013'25 "E, a distance of 53.53 feet; thence N85 019'59 "E, a distance of 24.00 feet; thence S04040'01 "E, a distance of 10.00 feet; thence S85 °19'59 "W, a distance of 240.43 feet; thence N04 °40'01 "W, a distance of 47.16 feet to the beginning of a non - tangent curve to the right, of which the radius point lies NO2 °3941 "W, a radial distance of 644.00 feet; thence westerly along said curve, through a central angle of 44 °56'12 ", a distance of 505.08 feet; thence N47 043'29 "W, a distance of 232.53 feet to the west line of said "Parcel B "; thence north along said west line, N00 °1.6'09 "W, a distance of 13.57 feet to the Point of Beginning. Excepting therefrom the following: All that real property situated in the City of Gilroy, County of Santa Clara, State of California, being a portion of "Parcel B ", as shown on the map entitled 'Tract 10220, Hecker Pass ", filed October 30, 2014 in Book 877 of Maps, at Pages 21 through 42, Records of Santa Clara County, California, more particularly described as follows: Commencing at said "Point A"; thence S34 "18'27 "E 11.70 feet to the Point of Beginning; thence N86 059'22 "E, a distance of 168.21 feet; thence S43 °13'25 "E, a distance of 40.91 feet; thence S85 °19'59 "W, a distance of 193.64 feet; thence N04 "40'01 "W, a distance of 36.86 feet to the Point of Beginning. Containing 12,434 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. Q��ESSIOIVq� os'/2710/3 c A /�� c B n Pierce, PLS 8859 Date Expires: 12/31/2015 m X p� ao c�ciFOAN�P� a O0 M w �GgSlON& % O O 0 CALIFOA�`P sr uil �. �p sP o LEGEND - -- BOUNDARY LINE EXISTING LOT LINE EASEMENT LINE POC POINT OF COMMENCEMENT POB POINT OF BEGINNING 0 60. 120 SCALE IN FEET: 1 "= 60' LINE TABLE LINE BEARING DIST L1 N43'13'25 "W 53.53' L2 N85'19'59 "E 9.96' L3 N85'19'59 "E 14.04' L4 N04'40'01 "W 10.00' L5 N04'40'01 "W 1 47.16' L6 N43'1 '26 "W 40.91' L7 N04'40'01 "W 36.86' L8 N34'18'27 "W 11.70' 9 SAS `/ o ' °o �� ate; • j�• 4��4S j.�9a �V 09�,. .. v ` �5.9r R ` C �SO i — ��2 7`5 p' [as R_ �__ 17STREET 'Og" 3RD OS p8�� 634 0p•- _ 45 Rcg44 0p 4a 445567 29- `__oilv_T A_- N86'S9'22 E�17z'N86 59'22_E 825.62'(r) _ 8.93 Z im i 1 PO$ N8659'22 "E - - --�- - -- 168.21 f ` -�` �` r PARCEL Loi �� (EXCEPTION) `ro. P D a1 -- _ _N8_5'19'59 "E 79_3.64' LVJELL & PIPELIN_E EASEMENT 12,434 SFt - - - -`- - \' `,�2. Lao a ✓� z -r- »- 231.09' - 9_34' `� ✓o PARCEL B N85'19 59 E 240.43'(7) - ` --- -- - N "EXHIBIT B" PLAT TO ACCOMPANY DESCRIPTION FOR A WELL AND PIPELINE EASEMENT BEING PORTIONS OF "PARCEL B" AND "PARCEL D" AS SHOWN ON THE MAP ENTITLED "TRACT 10220, HECKER PASS ", FILED OCTOBER 30, 2014 IN BOOK 877 OF MAPS, PAGES 21 THROUGH 42, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA GILROY, CA ® - RUGGERI- JENSEN -AZAR ENGINEERS • PLANNERS • SURVEYORS 8055 CAWNO ARROYO GI ROY. CA 95020 PHONE (408) 848 -0300 FAX- (408) 848 -0302 SCALE: DATE: 1 "= 60 08/27/1 -25001 Exhibit C Legal Description of Grantor Property Real property in the City of Gilroy, County of Santa Clara, State of California, described as follows: PARCELS B AND D, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT 10220 HECKER PASS" FILED IN OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON OCTOBER 30, 2014 IN BOOK 877 OF MAPS AT PAGES 21-42. APN: 810 -21 -021 & 810-21 -022 Exhibit C - Utility Easement Agreement (Agricultural Water Wells, Pipelines and Electrical Lines) Exhibit D Legal Description of Benefitted Property Real property in the City of Gilroy, County of Santa Clara, State of California, described as follows: PARCEL ONE: All of "Parcel 1" as shown on the Parcel Map filed June 3, 2014 in Book 872 of Maps, at Pages 32 and 33, Records of Santa Clara County, California. (APN 810-21 -017) PARCEL TWO: All of "Parcel 1" as shown on the Parcel Map filed April 18, 2014 in Book 871 of Maps, at Pages 21 and 22, Records of Santa Clara County, California. (APN 810-21 -014) PARCEL THREE: All of "Parcel 1" as shown on the Parcel Map filed April 18, 2014 in Book 871 of Maps, at Pages 17 through 20, Records of Santa Clara County, California. (APN 810 -21 -011) PARCEL FOUR: Being a portion of "Parcel 1" as shown on the Map entitled "Parcel Map" filed July 29, 1971 in Book 287 of Maps, at Page 24, Records of Santa Clara County, California, and all the "Lands" as shown on the "Record of Survey" filed March 10, 1969 in Book 250 of Maps, at Page 21, Records of Santa Clara County, California being more particularly described as follows: Beginning at the northwest comer of said "Parcel 1"; thence along the centerline of Hecker Pass Highway as shown on said "Record of Survey ", N89 °20 IIYE, a distance of 1,071.49 feet to the east line of said "Lands "; thence along said east line, S00 *18'09"E, a distance of 912.22 feet to the south' line of said "Lands "; thence along said south line, S89 044'56 "W, a distance of 535.96 feet; thence continuing along said south line, N65 056'04 "W, a distance of 348.58 feet to the southeast comer of said "Parcel 1 "; thence along the south line of said "Parcel 1 ", N86 °46'14W, a distance of 206.97 feet; thence continuing along said south line, S72048'36W, a distance of 33.28 feet; thence leaving said south line, N00 °00'38W, a distance of 105.52 feet to the beginning of a non tangent curve to the right, of which the radius point lies N00000'38"W, a radial distance of 492.50 feet; thence westerly along said curve, through a central angle of 18 "42'45 ", a distance of 160.85 feet to the beginning of a non tangent curve to the left, of which the radius point lies S62033'33'W, a radial distance of Exhibit D - Utility Easement Agreement (Agricultural Water Wells, Pipelines and Electrical Lines) 150.50 feet; thence northwesterly along said curve, through a central angle of 13 048'33 ", a distance of 36.27 feet to a point on the north line of said "Parcel 1 "; thence along said north line, N88 "52'41" To a distance of 207.20 feet to the west line of said "Parcel 1 "; thence along said west line NO1 °08'08 "W, a distance of 592.85 feet to the Point of Beginning. Containing 21.26 acres, more or less. (APNs: 810 - 20-005 and portion of 810 - 20-004 (affects this and other property)) Exhibit D - Utility Easement Agreement (Agricultural Water Wells, Pipelines and Electrical Lines)