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24865838 - Easement and Covenant Agreement - Syngenta Flowers, LLC - Recorded 03/09/2021**This document was electronically submitted to Santa Clara County for recording** RECORDING REQUESTED BY FIRST AMERICAN TITLE 6 un.41421 e A c c- AcammotictfitM RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Gilroy 351 Rosanna Street Gilroy, CA 95020 Attention: Shawna Freels — City Clerk Recorded without Filing Fee under Government Code Section 27383 24865838 Regina Alcomendras Santa Clara County - Clerk -Recorder 03/09/2021 03:00 PM Titles: 1 Pages: 24 Fees: $0.00 s 6 7 8 9 Tax: $0 d11 Total: $0.00 APN: 810-20-005, 810-20-026, 810-21-011, 810-21-014, 810-21-017 Ref: Syngenta Flowers, LLC Spaceabovethis line for Recorder's use EASEMENT AND COVENANT AGREEMENT (Public Trail) This Easement and Covenant Agreement ("Agreement") is entered into as of this a Ith day of %/'U(kr , 2021, by the CITY OF GILROY, a California municipal corporation ("City"), and SYNIerENTA FLOWERS, LLC, a Delaware limited liability company, which was formerly known as Syngenta Flowers, Inc., a Florida corporation ("Property Owner"). RECITALS A. Property Owner is the fee owner of certain real property located in the City of Gilroy, County of Santa Clara, State of California, more particularly described in Exhibit C attached hereto (the "Property"). B. Property Owner utilizes the Property for the purposes permitted under the Hecker Pass Specific Plan adopted by the City on January 18, 2005, as amended (the "HPSP"). Uses and activities permitted under the HPSP and other applicable laws are referred to herein as the "Permitted Property Uses." C. Property Owner desires to grant to City, and City desires to accept, an easement over a portion of the Property for public access purposes, subject to the terms and conditions set forth below. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, City and Property Owner hereby agree as follows: 1. Grant of Easement. Subject to the terms and conditions set forth in this Agreement, Property Owner hereby grants to City a non-exclusive easement for a public trail over and across that certain portion of the Property identified as the "Public Trail Easement" on the -]- RECORDING REQUESTED BY FIRST AMERICAN TITLE 4 IN- Lia i g-i - c c- Ac.conlmo aCtfien'► RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attention: Shawna Freels — City Clerk Recorded without Filing Fee under Government Code Section 27383 APN: 810-20-005, 810-20-026, 810-21-011, 810-21-014, 810-21-017 Space above this line for Recorder's use Ref: Syngenta Flowers, LLC EASEMENT AND COVENANT AGREEMENT (Public Trail) This Easement and Covenant Agreement ("Agreement") is entered into as of this 1A H') day of C=�!XllCLC , 2021, by the CITY OF GILROY, a California municipal corporation ("City"), and SYNGNTA FLOWERS, LLC, a Delaware limited liability company, which was formerly known as Syngenta Flowers, Inc., a Florida corporation ("Property Owner"). RECITALS A. Property Owner is the fee owner of certain real property located in the City of Gilroy, County of Santa Clara, State of California, more particularly described in Exhibit C attached hereto (the "Property"). B. Property Owner utilizes the Property for the purposes permitted under the Hecker Pass Specific Plan adopted by the City on January 18, 2005, as amended (the "HPSP"). Uses and activities permitted under the HPSP and other applicable laws are referred to herein as the "Permitted Property Uses." C. Property Owner desires to grant to City, and City desires to accept, an easement over a portion of the Property for public access purposes, subject to the terms and conditions set forth below. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, City and Property Owner hereby agree as follows: 1. Grant of Easement. Subject to the terms and conditions set forth in this Agreement, Property Owner hereby grants to City a non-exclusive easement for a public trail over and across that certain portion of the Property identified as the "Public Trail Easement" on the -1- legal descriptions attached hereto as Exhibit A, and shown on the plat maps attached hereto as Exhibit B (collectively, the "Easement Area"). 1.1 Permitted Trail Uses. The Easement Area may be used only for the following uses (the "Permitted Trail Uses"): (a) Construction, maintenance, repair and replacement of public trail facilities (the "Trail Facilities"), including without limitation the following: (i) An asphalt pathway up to (12) feet in width, with shoulders on each side up to four (4) feet in width (approximately two (2) feet of rock shoulder and two (2) feet of dirt shoulder), together with steps, ramps, railings, bridges, culverts and other related improvements; (ii) Wayfinding and instructional signage and bulletin boards; (iii) Fences, gates, bollards and other barriers to control access, provided that they do not interfere with ingress to and from the Property, and they do not unreasonably interfere with the Permitted Property Uses; and (iv) Landscaping; and (b) Low -intensity public recreational activities such as walking, bicycling, and skating. Use of motorized vehicles within the Easement Area shall be prohibited, except for (i) wheelchairs or other motorized devices for persons with disabilities; and (ii) vehicles used in connection with construction, maintenance, repair, policing or emergency response, or other governmental activities. 1.2 No Impairment. Property Owner shall keep the Easement Area open and free from buildings, structures and other above -ground improvements and their appurtenances. Property Owner shall not do or permit any act or acts which will hinder or impair the use of the Easement Area for the Permitted Trail Uses except such work as may be required from time to time for the maintenance and repair of the driveways to the Property, utilities serving the Property, or any improvements on the Property; provided, however, that Property Owner shall cause any such work to be performed in a manner that minimizes interference with the Permitted Trail Uses. 1.3 Rights Reserved by Property Owner. Property Owner shall have the right (but not the obligation) to utilize the Easement Area for all Permitted Property Uses that do not interfere with the Permitted Trail Uses, including without limitation the following activities, subject to obtaining any necessary permits if required by applicable City laws, codes or regulations: -2- (a) Installation, repair and maintenance of security fencing along the southern boundary of the Easement Area, together with gates as reasonably necessary for access to the Property; (b) Installation, repair and maintenance of below -ground utility facilities that serve the Property; and (c) Reasonable trimming, weeding, mowing, and control of vegetation. 2. Maintenance and Repairs. City shall be responsible for maintaining the Easement Area and the Trail Facilities in good condition and repair at City's sole cost and expense; provided, however, Property Owner shall be obligated to pay or reimburse City for any and all damage (other than due to ordinary wear and tear), to the extent caused by the negligence or wrongful acts of Property Owner or its agents, employees, licensees or contractors. 3. Waiver of Claims; Indemnification. 3.1 Waiver of Claims. City hereby releases and forever discharges Property Owner and its past and present agents, employees, licensees, contractors, officers, directors, members, successors, and assigns (the "Released Parties"), and each of them, from any and all claims, causes of action, proceedings, losses, damages, liability, costs, and expenses (including, without limitation, any fines, penalties, judgments, and attorneys' fees and costs) for damage to property and for injuries to or death of any person (including, but not limited to, the property and employees of any party, including City's agents, licensees and contractors) related to the condition of, or conditions on, the Easement Area or the use of the Easement Area by any person ("Claims"). The release shall apply regardless of the cause of the Claims, except to the extent arising out of the negligence or wrongful acts of Property Owner or the other Released Parties. 3.2 Indemnification. City shall indemnify, defend and hold harmless Property Owner and the Released Parties from and against any and all Claims sustained by Property Owner and/or the Released Parties arising out of the negligence or wrongful acts of City or its agents, employees, licensees or contractors on or about the Easement Area; provided, however, the obligations hereunder shall not apply to any Claims to the extent arising out of the negligence or wrongful acts of Property Owner or the other Released Parties. 4. Limitation of Liability for Public Use. Notwithstanding anything to the contrary in this Agreement, City and Property Owner reserve all rights and protections under applicable law affording immunity with respect to use of the Easement Area by the general public. (a) City shall post appropriate signs, as determined by City in its sole discretion, advising the general public that use of the Trail Facilities, or entry onto any portion of the Easement Area, shall be at their own risk. -3- (b) Neither City nor Property Owner assumes any duty to or for the benefit of the general public for defects in the location, design, installation, maintenance or repair of the Trail Facilities; for any unsafe conditions within the Easement Area; for the failure to inspect for or warn against possibly unsafe conditions; or for any failure to close the Trail Facilities to public access when unsafe conditions may be present. (c) City shall endeavor to repair damaged Trail Facilities, but has no duty to do so unless and until City receives actual notice of the need to repair an unreasonably dangerous condition. 5. Insurance by Contractors. Third party contractors performing construction, repair or maintenance work on the Easement Area shall be required to maintain in full force and effect during the course of the work a policy or policies of commercial general liability insurance against any liability arising out of the activities of the contractor or its agents, employees or subcontractors on or about the Easement Area. Such insurance shall be in an amount not less than $2,000,000 combined single limit for injury to or death of one or more persons in an occurrence, and for damage to tangible property (including loss of use) in an occurrence; shall cover City and Property Owner as additional insureds; and shall be written as primary insurance, not contributing with or in excess of any coverage that City or Property Owner may elect to carry. Prior to commencing any such construction, repair or maintenance work on the Easement Area, the contractor shall deliver to City and Property Owner a certificate of insurance and any applicable endorsements evidencing the above insurance coverage. 6. Notices. All notices required or permitted herein shall be made and given in writing to the parties at the respective addresses set forth below and shall be effective as of actual receipt or refusal of delivery. Should any act or notice required hereunder fall due on a weekend or holiday, the time for performance shall be extended to the next business day. Either party may change its address for the purpose of providing notice by delivering written notice to the other party which specifies the new address. City: Property Owner: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attention: City Administrator Syngenta Flowers, LLC 2280 Hecker Pass Highway Gilroy, CA 95020 Attention: Legal 7. Successors and Assigns. The easement granted herein shall be perpetual, and shall be binding upon and shall inure to the benefit of City and Property Owner, and their respective successors and assigns. -4- 8. No Waiver. Failure by either City or Property Owner to enforce any provision under this Agreement shall not be deemed a waiver of any rights or remedies with respect to such breach or any future breach of the same. 9. Cumulative Remedies. All rights, options and remedies of City and Property Owner under this Agreement are cumulative, and no one remedy shall be exclusive of any other remedy. City and Property Owner shall have the right to pursue any one or all of such rights, options and remedies or any other remedy or relief which may be provided by law, whether or not stated in this Agreement. 10. Attorneys' Fees. If either City or Property Owner shall bring any judicial action or legal proceeding against the other in connection with the breach or enforcement of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the judgment, its reasonable attorneys' fees and costs of suit. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the law of the State of California. 12. Severability. Invalidation of all or a portion of any provision of this Agreement by judgment or court order shall in no way affect the remaining portion of such provision or any other provision which, to the extent possible, shall remain in full force and effect. 13. Recitals. The Recitals set forth above are true and correct, and are incorporated into the body of this Agreement as though set forth herein. 14. Amendment. This Agreement constitutes the entire agreement between City and Property Owner regarding the easement granted herein. This Agreement shall not be amended except by written agreement executed by City and Property Owner. 15. No Third Party Beneficiaries. There are no third party beneficiaries of this Agreement, and nothing in this Agreement shall affect any contractual rights or obligations as between City or Property Owner and any third parties. [Signatures Appear on Following Page] -5- IN WITNESS WHEREOF, City and Property Owner have executed this Agreement as of the date first set forth above. CITY: CITY OF GILROY, a municipal corporation of the State of California By: ed \otarnini3rckti)r ATTEST: By: APPROVED AS TO FORM: By: PROPERTY OWNER: SYNGENTA FLOWERS, LLC, a DelawareMmited liability By: Name: Scott Valentine Its: President -6- 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 SG - ► i.CA ss. On N vl I , before me, V� CALK- , Notary Public, personally appeared Slot-I-VAlert ► C , who proved to me on the basis of satisfactory evidence to be the person(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. (Seal) (Signatures EL17ABETH F. CARR Commission # 2121695 Notary Public - California Santa Clara County Comm. Extras Auo 15i2019i Notary Public or other officer completing this certificate verifies only the identity of the individual who signed t document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that doc . ent. STATE OF ALIFORNIA COUNTY OF On ss. , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(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/t - it 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 PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official se (Seal) (Signature) -7- CALIFORNIA 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 c�" County of `Y\k(t e\CtG. On FP\01I)(1fI 1 a -DO\ before me, 9 nn>° (7107-w-tin., Nc3-ar 191l0_ LOvate r Here Insert Name and Title o e Officer personally appeared \j rnrn l� [ D`Cb1S Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(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. SUZANNE GUZZETTA Notary Public - California Santa Clara County Commission # 2281205 My Comm. Expires Apr 12, 2023 Place Notary Seal and/or Stamp Above 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. Signature OPTIONAL nature of Notary Public 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: Cend Cov-P'r'14tT rpen,.4 " GDn l'-eN. Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): 0 Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: c 2018 National Notary Association EXHIBIT LIST The following exhibits are attached to the Easement and Covenant Agreement (Public Trail) in the order listed below: Exhibit Al Legal Description of Public Trail Easement (Affects Tract Four of Exhibit C) Exhibit B1 Plat to Accompany Legal Description in Exhibit Al Exhibit A2 Legal Description of Public Trail Easement (Affects Tract Three of Exhibit C) Exhibit B2 Plat to Accompany Legal Description in Exhibit A2 Exhibit A3 Legal Description of Public Trail Easement (Affects Tract Two of Exhibit C) Exhibit B3 Plat to Accompany Legal Description in Exhibit A3 Exhibit A4 Legal Description of Public Trail Easement (Affects Tract One of Exhibit C) Exhibit B4 Plat to Accompany Legal Description in Exhibit A4 Exhibit C Legal Description of the Property Tract One APN 810-21-011 Tract Two APN 810-21-014 Tract Three APN 810-21-017 Tract Four APN 810-20-005 and APN 810-20-026 Tract Five Easements Tract Six APN 810-20-030 "EXHIBIT Al" LEGAL DESCRIPTION FOR A PUBLIC TRAIL EASEMENT All that real property situated in the City of Gilroy, County of Santa Clara, State of California, being a portion of the Lands described in the Resultant Grant Deed recorded December 18, 2015 as Document Number 23177043 being more particularly described as follows: Commencing at the northeast corner of said "Lands"; thence along the east line of said "Lands", S00°16'09"E, a distance of 33.00 feet to the intersection of said east line with the south right-of-way line of Hecker Pass Highway (66 feet wide) and the Point of Beginning; thence continuing along said east line, SOO°16'09"E, a distance of 79.24 feet; thence leaving said east line, N89°54'51"W, a distance of 11.60 feet to a tangent curve to the left having a radius of 990.00 feet; thence westerly along said curve, through a central angle of 00°44'56", a distance of 12.94 feet; thence S89°20'13"W, a distance of 139.56 feet to a tangent curve to the right having a radius of 150.00 feet; thence westerly along said curve, through a central angle of 27°51'38", a distance of 72.94 feet; thence N62°48'09"W, a distance of 64.58 feet to a tangent curve to the left having a radius of 90.00 feet; thence westerly along said curve, through a central angle of 27°51'38", a distance of 43.76 feet; thence S89°20'13"W, a distance of 104.62 feet to a tangent curve to the left having a radius of 90.00 feet; thence westerly along said curve, through a central angle of 16°47'03", a distance of 26.36 feet; thence S72°33'09"W, a distance of 35.39 feet to a tangent curve to the right having a radius of 210.00 feet; thence westerly along said curve, through a central angle of 16°47'03", a distance of 61.52 feet; thence S89°20'13"W, a distance of 344.08 feet to a tangent curve to the right having a radius of 2,050.00 feet; thence westerly along said curve, through a central angle of 04°41'19", a distance of 167.76 feet to the west line of said "Lands"; thence along said west line, N01 °08'08"W, a distance of 37.14 feet to the aforementioned south line of Hecker Pass Highway; thence along said south line, N89°20'13"E, a distance of 1,070.99 feet to the Point of Beginning. Containing 50,226 square feet or 1.153 acres, more or less. As shown on "Exhibit B1 ", attached hereto and made a part hereof. (Affects: APN 810-20-005 and APN 810-20-026) END OF DESCRIPTION. This description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. 6-'7 Z6,(9 Bryan Pierce, PLS 8859 Date Page 1 of 1 (R) (T) POB POC LEGEND BOUNDARY LINE CENTERLINE EXISTING LOT LINE NEW EASEMENT LINE RADIAL TOTAL POINT OF BEGINNING POINT OF COMMENCEMENT LINE TABLE LINE BEARING DIST L1 N89'54'51 "W 11.60' L2 N72'33'09"E 35.39' /F, /�D /°`y0 0 80 • .e• 3RN'99-, ��/ 0 -cJ ee G � h0 99 " J� G / ��� Q 160 SCALE IN FEET: 1 "= 80' CURVE TABLE CURVE LENGTH RADIUS DELTA C1 12.94' 990.00' 000°44'56" C2 43.76' 90.00' 027'51'38" C3 26.36' 90.00' 016°47'03" C4 61.52' 210.00' 016°47'03" "EXHIBIT B 1 PLAT TO ACCOMPANY DESCRIPTION FOR A PUBLIC TRAIL EASEMENT BEING A PORTION OF THE LANDS DESCRIBED IN THE RESULTANT GRANT DEED RECORDED DECEMBER 18, 2015 AS DOCUMENT NUMBER 23177043 OFFICIAL RECORDS OF SANTA CLARA COUNTY, CALIFORNIA RJ SHEET 1 OF 2 RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 8055 CA :i:NO ARROYO GILROY, CA 95020 PHONE: (408) 848-0300 FAX: (408) 848-0302 GILROY, CALIFORNIA SCALE: 1 "= 80' DATE: JOB NO.: 03/27/2019 I 994001-25001 LEGEND (R) (T) POB POC 0 80 BOUNDARY LINE CENTERLINE EXISTING LOT LINE NEW EASEMENT LINE RADIAL TOTAL POINT OF BEGINNING POINT OF COMMENCEMENT 1 60 SCALE IN FEET: 1 "= 80' i ee LINE TABLE LINE BEARING DIST L1 N89°54'51"W 11.60' L2 N72°33'09"E 35.39' / CURVE TABLE CURVE LENGTH RADIUS DELTA Cl 12.94' 990.00' 000'44'56" C2 43.76' 90.00' 027°51'38" C3 26.36' 90.00' 016°47'03" C4 61.52' 210.00' 016'47'03" "EXHIBIT B 1 PLAT TO ACCOMPANY DESCRIPTION FOR A PUBLIC TRAIL EASEMENT BEING A PORTION OF THE LANDS DESCRIBED IN THE RESULTANT GRANT DEED RECORDED DECEMBER 18, 2015 AS DOCUMENT NUMBER 23177043 OFFICIAL RECORDS OF SANTA CLARA . COUNTY, CALIFORNIA SHEET 2 OF 2 .\y11 RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 13055 CAM NO ARROYO Gi[..120Y, CA 9502E PHONE: (408) 848-0300 FAX: (408) 848-0:502 GILROY, CALIFORNIA SCALE: 1"= 80' DATE: 03/27/2019 JOB NO.: 994001-25001 "EXHIBIT A2" LEGAL DESCRIPTION FOR A PUBLIC TRAIL EASEMENT All that real property situated in the City of Gilroy, County of California, State of California, being all of the "Trail Easement" lying within "Parcel 1" as shown on that certain Parcel Map filed June 3, 2014 in Book 872 of Maps, at Pages 32 and 33, records of Santa Clara County, California being more particularly described as follows: Beginning at a the northwest corner of said "Parcel 1", on the south line of Hecker Pass Highway (66 feet wide), as shown on the above mentioned map; thence along the north line of said "Parcel 1" and the south line of Hecker Pass Highway, N89°20'13"E, a distance of 700.83 feet; thence N80°52'10"E, a distance of 118.44 feet, to the northeast corner thereof; thence along the east line of said "Parcel 1", S00°07'31 "W, a distance of 45.44 feet, to the south line of said "Trail Easement"; thence along said south line, S89°20'13"W, a distance of 517.36 feet, to a tangent curve to the left, having a radius of 390.00 feet; thence continuing along said south line, westerly along said curve, through a central angle of 15°48'23", a distance of 107.59 feet; thence continuing along said south line, S73°31'50"W, a distance of 136.96 feet; thence continuing along said south line, N89°54'51"W, a distance of 62.53 feet, to the west line of said "Parcel 1"; thence along said west line, N00°16'09"W, a distance of 79.24 feet to the Point of Beginning. Containing 32,053 square feet, more or less. As shown on "Exhibit B2", attached hereto and made a part hereof. (Affects: APN 810-21-017) END OF DESCRIPTION. This description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. - 0 3/27A ©l9 an Pierce, PLS 8859 Date Page 1 of 1 REMAINDER PARCEL (667—M-29) DOC. 22900722 POB 0 0 0 0 HECKER PASS HIGHWAY N89°20'13"E 700.83' TRAIL EASEMENT(872—M-32)(32,053 SQ.FT.±) _ —k— co IV O Ut 136 96 N89°54'51 "W 62.53' (T) POB p 15°48'23" R.390.00 U=107.59' N80.5210 E 1 11 g44' : IV C° LEGEND BOUNDARY LINE CENTERLINE EXISTING LOT LINE EXISTING EASEMENT LINE — TRAIL EASEMENT LINE TOTAL POINT OF BEGINNING PARCEL 1 (872—M-32) 0 N89°20'13"E 517.36' 120 240 360 SCALE IN FEET: 1 "= 120' "EXHIBIT B2" PLAT TO ACCOMPANY DESCRIPTION FOR A PUBLIC TRAIL EASEMENT BEING ALL OF THE "TRAIL EASEMENT" AS SHOWN ON THAT CERTAIN PARCEL MAP FILED JUNE 03, 2014 IN BOOK 872 OF MAPS AT PAGES 32 AND 33, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA SHEET 1 OF 1 RJ.A RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS T('SiLROY. (408 ..48- FAX: CS, g`•... ..._.,... SCALE: 1"= 120' DATE: 03/27/2019 JOB NO.: 994001 GILROY, CALIFORNIA "EXHIBIT A3" LEGAL DESCRIPTION FOR A PUBLIC TRAIL EASEMENT All that real property situated in the City of Gilroy, County of California, State of California, being all of the "Trail Easement" lying within "Parcel 1" as shown on that certain Parcel Map filed April 18, 2014 in Book 871 of Maps, at Pages 21 and 22, records of Santa Clara County, California being more particularly described as follows: Beginning at a the northwest corner of said "Parcel 1", on the south line of Hecker Pass Highway (66 feet wide), as shown on the above mentioned map; thence along the north line of said "Parcel 1" and the south line of Hecker Pass Highway, N80°52'10"E, a distance of 625.64 feet to the northeast corner thereof; thence along the east line of said "Parcel 1", SOO°05'43"W, a distance of 50.66 feet to the south line of said "Trail Easement"; thence along said south line, S80°52'10"W, a distance of 590.25 feet; thence continuing along said south line, S89°20'13"W, a distance of 34.96 feet, to the west line of said "Parcel 1"; thence along said west line NOO°07'31"E, a distance of 45.44 feet to the Point of Beginning. Containing 31,191 square feet, more or less. As shown on "Exhibit B3", attached hereto and made a part hereof. (Affects: APN 810-21-014) 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 Page 1 of 1 POB cn I1: (T) POB REMAINDER PARCEL (667-M-29) DECKER PA55�AY 10"E 625.64'___� NBA-� 21) TRAIL (31,191E SQ•FT1±.) _ — 1\180'52'10"E 590.25' LEGEND BOUNDARY LINE CENTERLINE EXISTING LOT LINE EXISTING EASEMENT LINE TRAIL EASEMENT LINE TOTAL POINT OF BEGINNING PARCEL 1 (871-M-21) 0 100 Cn 0 200 01 0 rn rnI Iz 0 0 6 I Cn I W m 0 CO 1 N 01 Q) 300 SCALE IN FEET: 1 "= 100' 0) l — "EXHIBIT B3" PLAT TO ACCOMPANY DESCRIPTION FOR A PUBLIC TRAIL EASEMENT BEING ALL OF "THE TRAIL EASEMENT" AS SHOWN ON THAT CERTAIN PARCEL MAP FILED APRIL 18, 2014 IN BOOK 871 OF MAPS AT PAGES 21 AND 22, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA SHEET 1 OF 1 1%,1 k RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 8055 CAMI'40 ARROYO GILROY, CA 95020 PHONE; (408) 848-0300 . FAX: (408) ;s4 302. SCALE: 1 "= 100' DATE: 03/27/2019 JOB NO.: 994001 GILROY, CALIFORNIA "EXHIBIT A4" LEGAL DESCRIPTION FOR A PUBLIC TRAIL EASEMENT All that real property situated in the City of Gilroy, County of California, State of California, being all of the "Trail Easement" lying within "Parcel 1" as shown on that certain Parcel Map filed April 18, 2014 in Book 871 of Maps, at Pages 17 through 20, records of Santa Clara County, California being more particularly described as follows: Beginning at a the northwest corner of said "Parcel 1", on the south line of Hecker Pass Highway (66 feet wide), as shown on the above mentioned map; thence along the north line of said "Parcel 1" and the south line of Hecker Pass Highway, N80°52'10"E, a distance of 568.98 feet, to the northeast corner thereof; thence along the east line of said "Parcel 1", SOO°06'38"W, a distance of 30.39 feet, to the south line of said "Trail Easement"; thence along said south line, S80°52'10"W, a distance of 279.95 feet; thence continuing along said south line, S76°40'06"W, a distance of 273.00 feet; thence continuing along said south line, S80°52'10"W, a distance of 20.00 feet, to the west line of said "Parcel 1"; thence along said west line, N00°05'43"E, a distance of 50.66 feet to the Point of Beginning. Containing 20,160 square feet, more or less. As shown on "Exhibit B4", attached hereto and made a part hereof. (Affects: APN 810-21-011) END OF DESCRIPTION. This description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. ©3/2 7he9/? Bryn Pierce, PLS 8859 Date Page 1 of 1 0 POB 01 ro to) cn 0 (T) POB REMAINDER PARCEL (667—M-29) PARCEL 1 (344—M-45) PA HIGH\NAY HEGKER 568.98� Ngp_52'1 g71—M-17) TRA 20,160TSQ.FT.) 2�3 p0' N66 4006 LEGEND BOUNDARY LINE CENTERLINE EXISTING LOT LINE EXISTING EASEMENT LINE TRAIL EASEMENT LINE TOTAL POINT OF BEGINNING PARCEL 1 (871—M-17) 80 03 v 1 PARCEL A (508-M-13) co U a. N8p°52'10„E 279.95' 160 SCALE IN FEET: 1 "= 80' "EXHIBIT L499 PLAT TO ACCOMPANY DESCRIPTION FOR A PUBLIC TRAIL EASEMENT BEING ALL OF THE "TRAIL EASEMENT" AS SHOWN ON THAT CERTAIN PARCEL MAP FILED APRIL 18, 2014 IN BOOK 871 OF MAPS AT PAGES 17 THROUGH 20, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA .arn03 7NOLGisao0 240 SHEET 1 OF 1 RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 8055 CAMINO ARROYO YO i..ROY CA 9} 5020 PHONE; (408) 848-0300 FAX: (408) 848-0302 SCALE: 1 "= 80' DATE: 03/27/2019 JOB NO.: 994001 GILROY, CALIFORNIA "EXHIBIT C" PROPERTY LEGAL DESCRIPTION TRACT ONE: PARCEL 1, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 18, 2014, IN BOOK 871 OF MAPS PAGE(S) 17-20. EXCEPTING THEREFROM: THAT PORTION OF LAND GRANTED TO THE CITY OF GILROY, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA, SHOWN IN THE "RIGHT OF WAY DEDICATION GRANT DEED" RECORDED MAY 17, 2018, DOCUMENT NO. 23935282 OF OFFICIAL RECORDS. TRACT ONE -A: NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AS DESCRIBED IN EASEMENT AND COVENANT AGREEMENT RECORDED JUNE 13, 2018 AS DOCUMENT NO. 23954530 OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF "PARCEL A" AS SHOWN ON THE MAP ENTITLED "TRACT 10315, HEARTLAND ESTATES -NORTH", FILED MAY 23, 2016, IN BOOK 892 OF MAPS, AT PAGES 37 THROUGH 42, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID "PARCEL A"; THENCE ALONG THE NORTH LINE OF SAID "PARCEL A", N80°52'10"E, A DISTANCE OF 10.13 FEET, TO A POINT ON A LINE 10 FEET EASTERLY OF, AND PARALLEL WITH, THE WEST LINE OF SAID "PARCEL A"; THENCE ALONG SAID PARALLEL LINE, SOO°06'38"W, A DISTANCE OF 134.35 FEET TO THE NORTH LINE OF CINNAMON WAY, AS SHOWN ON SAID MAP, AND THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES S16°00'41"W, A RADIAL DISTANCE OF 36.50 FEET; THENCE ALONG SAID NORTH LINE, WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°54'03", A DISTANCE OF 10.13 FEET TO THE WEST LINE OF SAID "PARCEL A"; THENCE ALONG SAID WEST LINE, NOO°06'38"E, A DISTANCE OF 131.33 FEET TO THE POINT OF BEGINNING. TRACT TWO: PARCEL 1, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON April 18, 2014, IN BOOK 871 OF MAPS PAGE(S) 21 AND 22. EXCEPTING THEREFROM: A ONE-HALF INTEREST IN ALL OF THE OIL, GAS, AND OTHER MINERALS OTHER THAN SAND, GRAVEL, AND STONE BENEATH THE SURFACE OF THE PREMISES HEREINABOVE DESCRIBED, AND A RIGHT TO ONE-HALF OF ALL ROYALTIES AND OTHER REVENUE DERIVED FROM SAID OIL, GAS AND MINERALS, AS RESERVED IN THE DEED FROM FLORENCE ELIZABETH WATSON, A WIDOW, TO TREVIS BERRY, ET UX., DATED FEBRUARY 04, 1955 AND RECORDED MARCH 04, 1955, BOOK 3102 OR, PAGE 636. EXHIBIT C— Page 1 of 5 TRACT THREE: 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. TRACT FOUR: 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 CORNER OF SAID "PARCEL 1"; THENCE ALONG THE CENTERLINE OF HECKER PASS HIGHWAY AS SHOWN ON SAID "RECORD OF SURVEY", N89°20'13"E, A DISTANCE OF 1,071.49 FEET TO THE EAST LINE OF SAID "LANDS"; THENCE ALONG SAID EAST LINE, S00°16'09"E, A DISTANCE OF 912.22 FEET TO THE SOUTH LINE OF SAID "LANDS"; THENCE ALONG SAID SOUTH LINE, S89°44'56"W, A DISTANCE OF 535.96 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE, N65°56'04"W, A DISTANCE OF 348.58 FEET TO THE SOUTHEAST CORNER OF SAID "PARCEL 1"; THENCE ALONG THE SOUTH LINE OF SAID "PARCEL 1", N86°46'14"W, A DISTANCE OF 206.97 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE, S72°48'36"W, A DISTANCE OF 33.28 FEET; THENCE LEAVING SAID SOUTH LINE, NOO°00'38"W, A DISTANCE OF 105.52 FEET TO THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES NOO°00'38"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 S62°33'33"W, A RADIAL DISTANCE OF 150.50 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°48'33", 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"E, A DISTANCE OF 207.20 FEET TO THE WEST LINE OF SAID "PARCEL 1"; THENCE ALONG SAID WEST LINE N01°08'08"W, A DISTANCE OF 592.85 FEET TO THE POINT OF BEGINNING. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN "CERTIFICATE OF COMPLIANCE NO. 2015-03 (LOT LINE ADJUSTMENT) RECORDED DECEMBER 18, 2015 AS DOCUMENT NO. 23177041, OFFICIAL RECORDS, SANTA CLARA COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE FOLLOWING: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED IN THE RIGHT OF WAY DEDICATION GRANT DEED TO THE CITY OF GILROY RECORDED OCTOBER 31, 2016, DOCUMENT NO. 23482192 AND CORRECTIVE RIGHT OF WAY DEDICATION AND GRANT DEED RECORDED DECEMBER 07, 2018, DOCUMENT NO. 24077779 OF OFFICIAL RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1. PARCEL A: BEGINNING AT THE SOUTHWEST CORNER OF SAID "LANDS"; THENCE ALONG THE WEST LINE OF SAID "LANDS", NOO°00'38"W, A DISTANCE OF 5.52 FEET; THENCE LEAVING SAID WEST LINE, N89°59'22"E, A DISTANCE OF 17.84 FEET TO THE SOUTH LINE OF SAID "LANDS"; THENCE ALONG SAID SOUTH LINE, S72°48'36"W, A DISTANCE OF 18.67 FEET TO THE POINT OF BEGINNING. EXHIBIT C — Page 2 of 5 2. PARCEL B: COMMENCING AT THE SOUTHWEST CORNER OF SAID "LANDS"; THENCE ALONG THE SOUTH LINE OF "LANDS", N72°48'36"E, A DISTANCE OF 33.28 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE, S86°46'14"E, A DISTANCE OF 76.34 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE, N89°59'22"E , A DISTANCE OF 44.25 FEET TO A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 817.50 FEET; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 35°10'42", A DISTANCE OF 501.93 FEET TO THE SOUTH LINE OF SAID "LANDS"; THENCE ALONG SAID SOUTH LINE, S89°44"56"W, A DISTANCE OF 63.33 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, FROM WHICH THE RADIUS POINT BEARS S31°23'10"W, A RADIAL DISTANCE OF 782.50 FEET; THENCE LEAVING SAID SOUTH LINE AND NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°22'07, A DISTANCE OF 209.89 FEET TO THE SOUTH LINE OF SAID "LANDS"; THENCE ALONG SAID SOUTH LINE, N65°56'04W, A DISTANCE OF 142.26 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE, N86°46'14"W, A DISTANCE OF 130.63 FEET TO THE POINT OF BEGINNING. 3. PARCEL C (PUBLIC PARK): BEGINNING AT AN ANGLE POINT IN THE SOUTH LINE OF SAID LANDS, SAID POINT BEING THE SOUTHWESTERLY TERMINUS OF THE COURSE DESIGNATED AS (S89°44'56W, A DISTANCE OF 535.96 FEET) IN SAID RESULTANT GRANT DEED; THENCE ALONG THE SOUTH LINE OF SAID LANDS, N65°56'04"W, A DISTANCE OF 206.32 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT, FROM WHICH THE RADIUS POINT BEARS S16°01'03"W, A RADIAL DISTANCE OF 782.50 FEET; THENCE LEAVING SAID SOUTH LINE, SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°22'07", A DISTANCE OF 209.89 FEET, TO THE SOUTH LINE OF SAID LANDS; THENCE ALONG SAID SOUTH LINE, S89°44'56W, A DISTANCE OF 3.23 FEET TO THE POINT OF BEGINNING. TRACT FIVE: THE FOLLOWING EASEMENTS ARE APPURTENANT AND FOR THE BENEFIT OF TRACTS ONE THROUGH FOUR: PARCEL A: A PERPETUAL NON-EXCLUSIVE EASEMENT FOR WATER FACILITIES AND UTILITIES AS DESCRIBED IN "UTILITY EASEMENT AGREEMENT (AGRICULTURAL WATER WELLS, PIPELINES AND ELECTRICAL LINES)" RECORDED DECEMBER 18, 2015 AS DOCUMENT NO. 23177048 OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: 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 CORNER OF SAID "PARCEL B"; THENCE ALONG THE WEST LINE OF SAID "PARCEL B", S00°16'09"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 45°17'09", A DISTANCE OF 501.11 FEET TO A POINT HEREFORTH DESCRIBED AS "POINT A"; THENCE N86°59'22"E, A DISTANCE OF 178.93 FEET; THENCE S43°13'25"E, A DISTANCE OF 53.53 FEET; THENCE N85°19'59"E, A DISTANCE OF 24.00 FEET; THENCE SO4°40'01"E, A DISTANCE OF 10.00 FEET; THENCE S85°19'S9"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°39'41"W, A RADIAL DISTANCE OF 644.00 FEET; THENCE WESTERLY ALONG EXHIBIT C — Page 3 of 5 SAID CURVE, THROUGH A CENTRAL ANGLE OF 44°56'12", A DISTANCE OF 505.08 FEET; THENCE N47°43'29"W, A DISTANCE OF 232.53 FEET TO THE WEST LINE OF SAID "PARCEL B"; THENCE NORTH ALONG SAID WEST LINE, N00°16'09"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°59'22"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. PARCEL B: A PERPETUAL NON-EXCLUSIVE EASEMENT FOR PIPELINE FACILITIES AND UTILITIES AS DESCRIBED IN "UTILITY EASEMENT AGREEMENT (PIPELINES AND ELECTRICAL LINES" RECORDED DECEMBER 18, 2015 AS DOCUMENT NO. 23177047 OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PORTION OF "PARCEL 3", AS SHOWN ON THE PARCEL MAP FILED SEPTEMBER 10, 2008 IN BOOK 827 OF MAPS, AT PAGES 12 AND 13, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID "PARCEL 3"; THENCE ALONG THE EAST LINE OF SAID "PARCEL 3", SOO°16'09"E, A DISTANCE OF 377.33 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE, S00°16'09"E, A DISTANCE OF 114.69 FEET; THENCE LEAVING SAID EAST LINE, N47°43'29"W, A DISTANCE OF 13.57 FEET; THENCE NOO°16'09"W, A DISTANCE OF 114.69 FEET; THENCE S47°43'29"E, A DISTANCE OF 13.57 FEET TO THE POINT OF BEGINNING. PARCEL C: PERPETUAL EXCLUSIVE AND NON-EXCLUSIVE EASEMENTS FOR PIPELINE FACILITIES AND UTILITIES AS DESCRIBED IN "UTILITY EASEMENT AND COVENANT AGREEMENT (PIPELINE AND ELECTRICAL LINES)" RECORDED DECEMBER 18, 2015 AS DOCUMENT NO. 23177046 OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PORTION OF "PARCEL 3", AS SHOWN ON THE PARCEL MAP FILED SEPTEMBER 10, 2008 IN BOOK 827 OF MAPS, AT PAGES 12 AND 13, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID "PARCEL 3"; THENCE ALONG THE EAST LINE OF SAID "PARCEL 3", SOO°16'09"E, A DISTANCE OF 377.33 FEET; THENCE LEAVING SAID EAST LINE, N47°43'29"W, A DISTANCE OF 13.57 FEET; THENCE N00°16'09"W, A DISTANCE OF 358.16 FEET; THENCE S89°44'56"W, A DISTANCE OF 40.00 FEET; THENCE N00°15'04"W, A DISTANCE OF 10.00 FEET TO THE NORTH LINE OF SAID "PARCEL 3"; THENCE ALONG SAID NORTH LINE, N89°44'56"E, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. EXHIBIT C— Page 4 of 5 TRACT SIX: PARCEL H, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT 10279, HOEY SOUTH", FILED JUNE 17, 2016 IN BOOK 893 OF MAPS, AT PAGES 32-41, RECORDS OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA. APN: A PORTION OF 810-21-011 (AFFECTS: TRACT ONE), 810-21-014 (AFFECTS: TRACT TWO), 810- 21-017 (AFFECTS: TRACT THREE), 810-20-026 (AFFECTS: PORTION OF TRACT FOUR), 810-20-005 (AFFECTS:PORTION OF TRACT FOUR), 810-20-030 (AFFECTS: TRACT SIX) EXHIBIT C — Page 5 of 5 CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by SYNGENTA FLOWERS, LLC a Delaware limited liability Company This is to certify that the interest in real property conveyed by the grant of easement dated February 24, 2021, from HECKER PASS COMMERCIAL, LLC, a Delaware limited liability Company, 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 2 - day of Hard, , 2.021 By: (L Karl Bjar Interim Public Works Director