25115830 - Grant of Public Service Easement and Emergency Vehicle Access Easement - - Recorded 09/28/2021RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED MAIL
DOCUMENT TO:
LeAnn McPhillips — City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
RECORD AT NO FEE
PER GOVERNMENT CODE SECTION 6103
**This document was electronically submitted
to Santa Clara County for recording**
25115830
Regina Alcomendras
Santa Clara County - Clerk -Recorder
09/28/2021 03:14 PM
Titles: 2 Pages: 10
Fees: $0.00
Tax: $0.00
Total: $0.00
APN: 790-21-041
GRANT OF PUBLIC SERVICE EASEMENT AND
EMERGENCY VEHICLE ACCESS EASEMENT
1ST AND KERN AFFORDABLE APARTMENTS, LP, a California limited partnership
("Grantor"), being the owner of that certain real property located in the City of Gilroy, California,
more particularly described in Exhibit A attached hereto (the "Property"), does hereby GRANT
to the CITY OF GILROY, a municipal corporation of the State of California ("Grantee"), an
easement over, under and across a portion of the Property in the location described in Exhibit B
attached hereto and as depicted in Exhibit C attached hereto (the "Easement Area"), which
easement shall be for emergency vehicle access and 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 the Easement Area.
The Easement Area shall remain open and free from buildings and structures and their
appurtenances, except for irrigation systems and their appurtenances, lawful fences, walkways,
trails, and all lawful unsupported roof overhangs.
[signature page follows]
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED MAIL
DOCUMENT TO:
LeAnn McPhillips — City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
RECORD AT NO FEE
PER GOVERNMENT CODE SECTION 6103
APN: 790-21-041
GRANT OF PUBLIC SERVICE EASEMENT AND
EMERGENCY VEHICLE ACCESS EASEMENT
1ST AND KERN AFFORDABLE APARTMENTS, LP, a California limited partnership
("Grantor"), being the owner of that certain real property located in the City of Gilroy, California,
more particularly described in Exhibit A attached hereto (the "Property"), does hereby GRANT
to the CITY OF GILROY, a municipal corporation of the State of California ("Grantee"), an
easement over, under and across a portion of the Property in the location described in Exhibit B
attached hereto and as depicted in Exhibit C attached hereto (the "Easement Area"), which
easement shall be for emergency vehicle access and 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 the Easement Area.
The Easement Area shall remain open and free from buildings and structures and their
appurtenances, except for irrigation systems and their appurtenances, lawful fences, walkways,
trails, and all lawful unsupported roof overhangs.
[signature page follows]
IN WITNESS WHEREOF, the Grantor has executed this Easement on the date written
below.
1ST AND KERN AFFORDABLE
APARTMENTS, LP,
a California limited liability company
By: 1st and Kern Family Apartments LLC,
a California limited liability company,
its General Partner
By:
Na e:
Title:
Date:
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 Cali a )
County of A.A )
On C — q 0 0.Z d , before me, A I tA- 1.t C-04, (1-;ri 1.,, • i" :`) .-I
(insert name of notary+
Notary Public, personally appeared E try, e."1/4- 4- k LA- tr, it'n G'- vs, , ,
who proved to me on the basis of satisfactory evidence to be the person(-)' whose name) is//e
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/hirr/their authorized capacity($), and that by his/her/their signatures) on the instrument
the person(&) or the entity upon behalf of which the person() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws f_the 3tate_of Ca if a_that
the foregoing paragraph is true and correct., ALAN JAMES CODDINGTON
Notary Public - California
San Mateo County
WITNESS my handand d officialseal. °�� Commission # 2282956
, \� My Comm, Expires Mar 26, 2023
(Seal)
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF GILROY,
IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED
AS FOLLOWS:
PARCEL ONE:
PARCEL 2 AS SAID PARCEL IS SHOWN ON THAT CERTAIN PARCEL MAP ENTITLED
"LOT LINE ADJUSTMENT OF PARCELS 1 AND 2, BOOK 456 OF MAPS PAGE 9, SANTA
CLARA COUNTY, CALIFORNIA", FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON
MARCH 3, 1997, IN BOOK 686 OF MAPS, PAGE 15.
PARCEL TWO:
A NON-EXCLUSIVE EASEMENT APPURTENANT TO PARCEL ONE ABOVE, AS
DESCRIBED IN GRANT DEED RECORDED JUNE 26, 1973, IN BOOK 441, PAGE 571,
FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS OVER, UNDER, ON AND
ACROSS A STRIP OF LAND 10.00 FEET WIDE OVER PARCEL 1, AS SAID PARCEL 1 IS
SHOWN ON RECORD OF SURVEY MAP FILED FOR RECORD IN BOOK 170 OF MAPS,
AT PAGE 50, RECORDS OF SANTA CLARA COUNTY, STATE OF CALIFORNIA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF PARCEL 1 IN THE
CENTERLINE OF HECKER PASS HIGHWAY AS SHOWN ON RECORD OF SURVEY
MAP RECORDED IN BOOK 170 OF MAPS, PAGE 50, RECORDS OF SANTA CLARA
COUNTY FOR THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY LINE
OF SAID PARCEL 1, N 01° 03' 50" E, 277.00 FEET; THENCE S 89° 00' E A DISTANCE OF
10.00 FEET; THENCE S 01° 03' 50 W, 277.00 FEET; THENCE N 89° 00' W, DISTANCE OF
10.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM PARCEL TWO ABOVE ANY PORTION LYING WITHIN
HECKER PASS HIGHWAY.
PARCEL THREE:
NON-EXCLUSIVE EASEMENTS APPURTENANT TO PARCEL ONE ABOVE, AS
RESERVED IN THE GRANT DEED RECORDED MARCH 3, 1997, UNDER INSTRUMENT
NO. 13627611, OFFICIAL RECORDS, FOR RECIPROCAL RIGHTS OF INGRESS, EGRESS
AND UTILITIES, UNDER, OVER, ON AND ACROSS ANY AND ALL FUTURE
DRIVEWAY AND PARKING AREAS LOCATED ON PARCEL 1, AS PARCEL 1 IS
SHOWN ON THAT CERTAIN PARCEL MAP ENTITLED "LOT LINE ADJUSTMENT OF
PARCELS 1 AND 2, BOOK 456 OF MAPS PAGE 9, SANTA CLARA COUNTY,
CALIFORNIA", FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MARCH 3, 1997, IN BOOK
686 OF MAPS, PAGE 15.
APN: 790-21-041
"EXHIBIT B"
LEGAL DESCRIPTION FOR
A PUBLIC SERVICE EASEMENT AND AN
EMERGENCY VEHICLE ACCESS EASEMENT
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 March 3, 1997 in Book 686 of Maps, at Page
15, Records of Santa Clara County, California, being more particularly described as follows:
BEGINNING at a point on the north line of "First Street", also being the southeast corner of said
"Parcel 2"; thence along the north line of "First Street" and the south line of said "Parcel 2",
N89°00'00"W, a distance of 50.68 feet to the southeast corner of "Parcel 4" as shown on the Parcel
Map filed December 24, 1979 in Book 456 of Maps at page 9, Records of Santa Clara County,
California; thence leaving said north line of "First Street", and along the east line of said "Parcel 4",
and the northeasterly projection thereof, N01 °07'00"E, a distance of 163.23 feet; thence leaving said
east line, N89°01'33"W, a distance of 191.71 feet; thence S01 °00'00"W, a distance of 98.76 feet;
thence N89°00'00"W, a distance of 45.00 feet; thence N01 °00'00"E, a distance of 98.85 feet; thence
N89°00'00"W, a distance of 21.08 feet; thence S01 °00'00"W, a distance of 165.23 feet to a point on
the north line of said "First Street", also being the south line of said "Parcel 2"; thence along said
north and south line, N89°00'00"W, a distance of 25.00 feet to the southeast corner of "Parcel 1" as
shown on said Parcel Map filed March 3, 1997; thence leaving said north line, along the east line of
said "Parcel 1", N01 °00'00"E, a distance of 164.80 to the northeast corner of said "Parcel 1"; thence
along the north line of said "Parcel 1", N89°00'00"W, a distance of 176.07 feet to the west line of said
"Parcel 2", also being the east line of "Kern Avenue"; thence along said west and east line,
N00°57'40"E, a distance of 55.24 feet; thence leaving said west and east lines, S89°00'00"E, a
distance of 45.01 feet; thence N01 °00'00"E, a distance of 1.84 feet; thence S89°00'00"E, a distance
of 23.85 feet; thence N01 °00'00"E, a distance of 198.35 feet; thence N89°00'00"W, a distance of
69.00 feet to the west line of said "Parcel 2", also being the east line of "Kern Avenue"; thence along
said west and east lines, N00°57'40"E, a distance of 10.00 feet to the northwest corner of said "Parcel
2"; thence leaving said east and west line, and along the north line of said "Parcel 2", S89°00'00"E,
a distance of 509.87 feet to the northeast corner of said "Parcel 2"; thence along the east line of said
"Parcel 2", S01 °03'50"W, a distance of 10.00 feet; thence leaving said east line, N89°00'00"W, a
distance of 44.00 feet; thence SOO°55'29"W, a distance of 5.00 feet; thence N89°02'39"W, a distance
of 23.86 feet; thence S01 °00'00"W, a distance of 196.32 feet; thence S88°59'59"E, a distance of
17.81 feet; thence SOO°59'58"W, a distance of 11.39 feet; thence S88°53'00"E, a distance of 49.81
feet to the east line of said "Parcel 2"; thence along said east line, S01 °03'50"W, a distance of 207.41
feet to the POINT OF BEGINNING.
Excepting therefrom, the Three (3) Exclusion Areas, more particularly described as follows:
EXCLUSION 1:
COMMENCING at a point on the north line of "First Street", also being the southeast corner of said
"Parcel 2"; thence along the east line of said "Parcel 2", N01°03'50"E, a distance of 275.29 feet;
thence leaving said east line, N88°56'10"W, a distance of 102.02 feet to the POINT OF BEGINNING;
thence S01 °00'00"W, a distance of 23.85 feet; thence S89°00'00"E, a distance of 10.33 feet; thence
S01 °00'00"W, a distance of 41.18 feet; thence N88°59'58"W, a distance of 14.59 feet; thence
S47°12'58"W, a distance of 28.03 feet; thence N89°00'53"W, a distance of 272.67 feet; thence
NOO°59'07"E, a distance of 22.00 feet; thence N89°00'00"W, a distance of 17.50 feet; thence
N01 °00'00"E, a distance of 38.65 feet; thence S88°59'57"E, a distance of 10.33 feet; thence
N01 °00'00"E, a distance of 23.85 feet; thence S89°00'00"E, a distance of 304.33 feet to the POINT
OF BEGINNING.
Page 1 of 2
"EXHIBIT B"
EXCLUSION 2:
COMMENCING at a point on the north Tine of "First Street", also being the southeast corner of said
"Parcel Two"; thence along the east line of said "Parcel 2", N01 °03'50"E, a distance of 430.23 feet
to the north line of said "Parcel 2"; thence along said north line, N89°00'00"W, a distance of 91.86
feet; thence leaving said north line, S01 °00'00"W, a distance of 10.00 feet to the POINT OF
BEGINNING; thence continuing along said line, S01 °00'00"W, a distance of 34.66 feet; thence
N88°55'55"W, a distance of 10.33 feet; thence S01 °00'00"W, a distance of 23.85 feet; thence
N89°00'00"W, a distance of 143.92 feet; thence N01 °00'00"E, a distance of 23.85 feet; thence
N89°00'06"W, a distance of 3.25 feet; thence N01 °00'00"E, a distance of 34.65 feet; thence
S89°00'00"E, a distance of 157.50 feet to the POINT OF BEGINNING.
EXCLUSION 3:
COMMENCING at a point on the north line of "First Street", also being the southeast corner of said
"Parcel Two"; thence along the east line of said "Parcel 2", N01 °03'50"E, a distance of 430.23 feet
to the north line of said "Parcel 2"; thence along said north line, N89°00'00"W, a distance of 259.36
feet; thence leaving said north line, S01 °00'00"W, a distance of 10.00 feet to the POINT OF
BEGINNING; thence continuing along said line, S01 °00'00"W, a distance of 34.65 feet; thence
N89°00'00"W, a distance of 3.25 feet; thence S01 °00'00"W, a distance of 23.85 feet; thence
N89°00'00"W, a distance of 147.25 feet; thence N01 °00'03"E, a distance of 58.50 feet; thence
S89°00'00"E, a distance of 150.50 feet to the POINT OF BEGINNING.
Containing 80,522 square feet, more or less.
As shown on "Exhibit C", 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.
/zg/2o2--/
n Pierce, PLS 8859 Date
Page 2 of 2
PARCEL 3
(456-M-9)
APN 790-22-070
250.51'
L31
31 '-
.0i;
I 0
rn
oI
0
-I.
0
z
L34 L32
F
—
z
N89'00'00"W 509.87'(T)(R1)
ON
JN89'00'00"W 150.50' J
o POB EXCLUSIONL 28 3
J G7
L N89'00'00"W 147.25'
167.50'
N89 00'00'W 157.50'
L25 POB EXCLUSION 2JL72I
16.5' ,o
st
N89°00'00"W 143.92' J
PSE AND EVAE 80,522 SF±
N89"00'00"W 304.33'
PARCEL 2 POB EXCLUSION 1
(686-M-15)
L APN 790-21-041
N89'00'53"W 272.67'
PSE AND EVAE
N89'00'00"W 176.07'(176.08')(R1) r[41
25'--.y ,
c'FLc) •
-H -u
PARCEL 1
(686-M-15) 4 o
APN 790-21-040 o
wI •o
o I-"
P
z I 25.00'
I ,
POB
POC
PSE
EVAE
(T)
(R1)
80,522
0I
8H-45'
lb ; oI
Io zl
LZ J
L3
SF±
115.46'
N89'01'33"W 191.71'
co
-� - - 91.86'
L20 r
L18
O
0
z L35
�-- 24'
oI
Op C
N:Iv co 0
L1L17o M 01
N Z N
—N J Qm I
L1-5 t vta9
w-Lt
0
ro Q —<
P
N89°00'00"W 142.00'(R1)
PARCEL 4
(456-M-9)
APN 790-21-003
0
0
N
w
0
0
i-
0
0
z
L1
0
NI
N89'00'00"W 140.46'(T)(R1)
FIRST STREET
LEGEND
BOUNDARY LINE
EXISTING LOT LINE
NEW EASEMENT
POINT OF BEGINNING
POINT OF COMMENCEMENT
PUBLIC SERVICE EASEMENT
EMERGENCY VEHICLE ACCESS EASEMENT
TOTAL DIMENSION
686-M-15
0
80
0
L POB
POC
160
SCALE IN FEET: 1 "= 80'
"EXHIBIT C"
PLAT TO ACCOMPANY DESCRIPTION FOR A PUBLIC
SERVICE EASEMENT AND AN EMERGENCY VEHICLE
ACCESS EASEMENT BEING A PORTION OF "PARCEL
2" AS SHOWN ON THE PARCEL MAP FILED MARCH
3, 1997 IN BOOK 686 OF MAPS, AT PAGE 15,
RECORDS OF SANTA CLARA COUNTY, CALIFORNIA
GILROY, CA
itTi
RUGGERI-JENSEN-AZAR
SHEET 1 OF 2
ENGINEERS • PLANNERS • SURVEYORS
SCALE:
1 80'
DATE:
09/24/2021
JOB NO.:
172006
LINE TABLE
LINE
BEARING
DIST
L1
N89'00'00"W
50.68
L2
N01'07'00"E
23.23
L3
N89'00'00"W
45.00
L4
N89'00'00"W
21.08
L5
N4712'58"E
28.03
L6
N88'59'58"W
14.59
L7
N01'00'00"E
41.18
L8
N89'00'00"W
10.33
L9
NO1'00'00"E
23.85
L10
N01'00'00"E
23.85
L11
N88'59'57"W
10.33
L12
NO1'00'00"E
38.65
L13
N89'00'00"W
17.50
L14
N00'59'07"E
22.00
L15
N88'53'00"W
49.81
L16
N00'59'58"E
11.39
L17
N88°59'S9"W
17.81
"EXHIBIT C"
PLAT TO ACCOMPANY DESCRIPTION FOR A PUBLIC
SERVICE EASEMENT AND AN EMERGENCY VEHICLE
ACCESS EASEMENT BEING A PORTION OF "PARCEL
2" AS SHOWN ON THE PARCEL MAP FILED MARCH
3, 1997 IN BOOK 686 OF MAPS, AT PAGE 15,
RECORDS OF SANTA CLARA COUNTY, CALIFORNIA
GILROY, CA
LINE TABLE
LINE
BEARING
DIST
L18
N89'02'39"W
23.86
L19
N00°55'29"E
5.00
L20
N89'00'00"W
44.00
L21
N01'00'00"E
34.66
L22
N88°55'55"W
10.33
L23
N01 °00'00"E
23.85
L24
N01'00'00"E
23.85
L25
N89'00'06"W
3.25
L26
N01'00'00"E
34.65
L27
N01'00'00"E
34.65
L28
N89'00'00"W
3.25
L29
N01'00'00"E
23.85
L30
N01'00'03"E
58.50
L31
N89'00'00"W
69.00
L32
N89'00'00"W
23.85
L33
N01'00'00"E
1.84
L34
N89°00'00"W
45.01
L35
N88°56'10"W
102.02
L36
N01'00'00"E
10.00
L37
N01 °00'00"E
10.00
A SHEET 2 OF 2
IX,11
RUGGERI-JENSEN-AZAR
ENGINEERS • PLANNERS • SURVEYORS
SCALE:
NONE
DATE:
09/24/2021
JOB NO.:
172006
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
1ST AND KERN AFFORDABLE APARTMENTS, LP
This is to certify that the interest in real property conveyed by the grant of easement dated
6/30/2021, from 1ST AND KERN AFFORDABLE APARTMENTS, LP, 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 26, 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
#23133758, 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 ,0L day of July, 2021.
By:
y Forbis,
City Administrator