HomeMy WebLinkAboutResolution 2007-44
RESOLUTION NO. 2007-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ACCEPTING DEDICATION OF THE REAL PROPERTY OWNED BY
SOUTH COUNTY VENTURES, LLC, APN 841-18-051, FOR THE CAMINO
ARROYO BRIDGE PROJECT.
WHEREAS, the South County Ventures, LLC ("Owner") owns the real property located
within the City of Gilroy, California, identified as Assessor's Parcel Number 841-018-051, and
further shown on the attached Exhibit "A" (hereinafter the "Owner's Parcel"); and
WHEREAS, Owner's predecessor-in-interest ("Predecessor") acquired the property
subject to a recorded "Agreement for Easement and Dedication" ("Agreement") requiring that
the Predecessor or any successor owner dedicate to City a one hundred ten (110) foot wide strip
of the Owner's Parcel extending from Gilman Road to the Santa Clara Valley Water District
Property, which strip is further depicted on the attached Exhibit "A" and is herein referred to as
the "Property"; and
WHEREAS, the Property is now required for a City roadway that will connect to the
Camino Arroyo Bridge; and
WHEREAS, the City staff has given notice to Owner that City will require the Property
to be dedicated; and
WHEREAS, pursuant to its requirements to dedicate the Property to City under the
above-mentioned Agreement, Owner has executed a grant deed for the Property to City, which
grant deed is identical, or substantially similar, to that attached hereto as Exhibit "B".
IVPAPP\727294.1
052907-04706091
1
RESOLUTION NO. 2007-44
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy
hereby:
1. Accepts the dedication of the Property from South County Ventures, LLC; and
2. Authorizes the City Administrator to execute a Certificate of Acceptance, accepting
said Property on behalf of the City.
PASSED AND ADOPTED this 21 st day of May, 2007 by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO
and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
~or
A~! d
,,-\Ace 'Jyu[?{ ( _/(~.
Rho da Pellin, City Clerk
(j..-A..
IVPAPP\727294.1
052907-04 706091
2
RESOLUTION NO. 2007-44
...
HMHJ Incorporated
Clyll Enlllneers. Planners. SUNeyon
James T. Helper
WiIiam J. W8f1Y!l
'1lxmasA.~
t.t::heeI L. MocsII
t:ta.a M Wison
James E. ~
December 5, 2000
'( HMRsOO1-OO-OO".f
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Page 1 of 1 page
EXHIBIT A
STREET EASEMENT
REAL PROPERTY in the City of Gilroy, County of Santa Clara, State of California, described
as follows:
A strip of land 110 feet in width, being a portion of Parcel 1 as shown upon that certain Parcel
Map filed for record November 25, 1992 in Book 642 of Maps at page 14, Santa Clara County
Records, extending from the northwesterly line of said Parcel 1 to the northerly line of Parcel A
as described in the Deed recorded February 14, 1991 in Book L618 Official Records Page
0184 Santa Clara County, the centerline of said 110 foot wide strip is more particularly
described as follows:
BEGINNING at a City Monument, at the intersection of centertine of the Camino Arroyo Road
with the northwesterly right of way line of Gilman Road as shown on said map;
Thence South 31026'55" East, 106.98 feet to the southeasterly right of way line of Gilman
Road, also being the northwesterly of line of said Parcel 1, being the True Point of Beginning;
Thence South 31026'55" East, 269.65 feet to the northerly line of said Parcel A.
Containing 0.68 acres, more or less.
s001Id02.wpd
t510 Oakland Road. Suite 200 . P.O. Box 611510 . San Jose, CA 95161-1510. Tel: (<108)487-2200. Fax: (408)487-2222
4456 Black Avenue, Suite 100 . Pleasanton, CA 94566-6147 . Tel: (925) ~7335 ' Fax: (925) 600-8895
7951 VVren Avenue. Suite 0 . Gilroy, CA 950~903 ' Tel: (408) 846.0707 . Fax: (408) 846-0676
. EXHIBIT B
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
Attention: Don Dey
RECORD WITHOUT FEE UNDER SECTION 27383
GOVERNMENT CODE OF STATE OF
CALIFORNIA
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Mail Tax Statements to:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Portion of APN: 841-18-051
Conveyance Tax: Exempt
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SOUTH COUNTY
VENTURES, LLC, a California limited liability company, hereby GRANT(S) in fee to the CITY OF
GILROY, CALIFORNIA, a California municipal corporation, all that certain real property in the City of
Gilroy, County of Santa Clara, State of California, more particularly described as follows:
See descriptions attached hereto as Exhibits A-I and A-2.
Dated:
SOUTH COUNTY VENTURES, LLC, a California
limited liability company
By:
Name:
Its:
EXHIBIT A-1
REAL PROPERTY In the City of Gilroy, County of Santa Clara. State of CalifornIa, described
as follows:
A strip of land 110 feet in width, being a portion of Parcel 1 as shown upon that certain Parcel
Map fded for record November 25,1992 in Book 642 of Maps at page 14, Santa Clara County
Records, extending from the northwesterly line of said Parcel 1 to the northerly line of Parcel A
8S described in the Deed recorded February 14, 1991 in Book L61B Official Records Page
0184 Santa Clara County, the centerline of saId 110 foot wide slrlp Is more particularly
described as follows:
BEGINNING at a City Monument, at the intersection of centerline of the Camino Arroyo Road
with the northwesterly right of way line of Gilman Road '8$ shown on said map;
Thence South 31.26'55" East, 106.98 feet to the southeasterly right of way line of Gilman
Road, also being the northwester1y of line of said Parcel 1, being the True Point of Beginning;
Thence South 31'26'55" East, 269.65 feet to the northerly line of said Parcel A.
Containing 0.68 acres, more or less.
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EXHIBIT A-2
} ss
STATE OF CALIFORNIA
COUNTY OF
, before me,
On
personally appeared
, CAPACITY CLAIMED BY SIGNER
, Though statute does not require the Notary
to fill in the data below, doing so may
prove invaluable to persons relying on the
document
D personally known to me -OR- 0 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 0
me that helshelthey executed the
same in hislher/their authorized 0
o
capacity(ies), and that by 0
hislher/their signature( s) on the 0
instrument the person(s), or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
o INDIVIDUAL
o CORPORATE OFFICERS(S)
Title(s)
PARTNER(S) 0 LIMITED
o GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDJAN/CONSERV A TOR
OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
WITNESS my hand and official
seal.
SIGNATURE OF NOTARY
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_____________________________________________ ___0________...:___________________________________________
DOCUMENT:
15499518
Tit I es; I / Pages: 12
40.00
IImMIIIIII~U
..oeI54~~le.
Fees.. .
Taxes. .
Copies, .
AMT PAID
RECORDING REQUESTED BY:
SAMUEL A. CHUCK, ESQ,
WHEN RECORDED MAIL TO:
SAMUEL A. CHUCK, ESQ.
LlCCARDO, ROSSI, STURGES & Mc
1960 The Alameda, Suite 200
San Jose, California 95126-1493
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Chicago Title
(SPACE ABOVE TIllS UNE FOR RECORDER'S USE)
AGREEMENT FOR EASEMENT AND DEDICATION
Preamble and Recitals
This agreement is entered into on December /12000 by and between Leland B. Evans
hereafter referred to as "Grantor," and the property owners identified on Exhibit A, hereafter
referred to as "Grantees."
A. Grantor is the owner of certain real property situated in the City of Gilroy,
California (hereafter referred to as the "Servient Tenement''), and more particularly described in
Exhibit B, which is attached to this Agreement and hereby incorporated by reference.
B. Grantees are the owners of certain real property situated in the City of Gilroy,
California (hereafter referred to as the "Dominant Tenement"), and more particularly described
in Exhibit C, which is attached to this Agreement and hereby incorporated by reference.
c. Grantee desires to acquire certain rights in the Servient Tenement.
Grant of Easement and Right to Compel Dedication
I. Grantor grants to Grantees an easement and the right to compel dedication,
subject to the terms of this Agreement, as partial consideration for the purchase of the Servient
Tenement.
Character of Easemcnt and Right to Compel Dedication
2, The easement and right to compel dedication granted in this Agreement are
appurtenant to the Dominant Tenement.
Description of Easement
3. The easement granted in this Agreement is an easement for ingress and egress
over and across that portion of the Servient Tenement described in Exhibit D. which is attached
to this Agreement and hereby incorpol.ated by reference. In exercising these rights, Grantees
must use reasonable care and may not unreasonably increase the burden on the Servient
Tenement or make any material changes to the Servient Tenement, except as reasonable use of
said easement would require.
40 00
ROE ft 010
12/19/213130
II :57 AM
Term
Description of Right to Compel Dedication
4. Grantor and Grantees acknowledge and agree that the City of Gilroy's General
Plan currently contemplates installation of Camino Arroyo road through the center of the
Servient Tenement at or about the location of the area described in Exhibit D. Further, Grantor
and Grantees acknowledge and agree that development of the Dominent Tenement may require
instatllation of the Camino Arroyo road travelling over the Servient Tenement, regardless of
whether such road is required or desired for the development of the Servient Tenement.
Accordingly, Grantees have only agreed to sell the Servient Tenement to Grantor upon the
cOndition that the Grantor will agree to and pennit the dedication to and installation of Camino
Arroyo through the Servient Tenement whenever and however requested by the City of Gilroy or
other goveinmental agency for the development of the Dominent Tenement. Thus, Grantor
hereby grants to Grantees the right, privilege and power to compel the owner of the Servient
Tenement to dedicate that portion of the Servient Tenement necessary for the installation of
Camino Arroyo road as needed for the development of the Dominent Tenement. Grantor agrees
and accepts that he has received valid consideration for this right and shall not be entitled to any
other compensation for his obligation to dedicate that area necessary or desired for the
construction of Camino Arroyo road.
5.
perpetual.
The easement and right to compel dedication granted in this Agreement shall be
Nonexclusive Easement
6. The easement granted in this Agreement is nonexclusive. Grantors retain the
right to make any use of the Servient Tenement, including the right to grant concurrent
easements in the Servient Tenement to third parties, that does not interfere unreasonably with
Grantee's free use and enjoyment of the easement. .
Termination of Easement
7. Upon dedication and installation of Camino Arroyo through the Servient
Tenement, whether upon the Grantee's right to compel or voluntarily, the ingress and egress
easement provided herein shall terminate.
Attorneyst Fees
8. If any legal action or proceeding arising out of or relating to this Agreement is
brought by either party to this Agreement, the prevailing party shall be entitled to receive from
the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees,
costs, and expenses incurred in the action or proceeding by the prevailing party.
Entire Agreement
9. This Agreement constitutes the entire agreement between Grantors and Grantee
relating to the above easement. Any prior agreements, promises, negotiations, or representations
Not expressly set forth in this Agreement are of no force and effect. Any amendment to
this Agreement shall be of no force and effect unless it is in writing and signed by
Orantorsand Grantee.
Binding Effect
10. This Agreement shall be binding on and shall inure to the benefit of the heirs,
executors, administrators, successors, subsquent owners, and assigns of
Grantors and Grantee.
Grantee
Dated: I;). I 13 . ~b oD
cTigue, As: Co-Trustee of the
'tal Deduction Trust and Co-Trustee
Of e Exemption Trust.
State of Illinois
County of Cook } SSe
and State, .
g ..:J..<-:
personallly known to (or proved to me on the asis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged
to me that helshe/they executed the same in hislher/their
authorized capacity(ies), and that by hislher/their signature(s)
on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
~. v....'Yv\..'....... ""'"...r,,1I',/,,.,.,
OFFICiAL ~;EAL
KATHLEEN M GAUGHAN
NOT MY PU8l1C, S r f.. r;; Of H.U"IO:S
MY COMMISSION 1:l(I;I~f.'" '"'..',,'^O
. ~"". '<"..)V/-v
VVINVloI'N>fJ,.' .., ......,...~....IV
Witness my hand and official seal.
.~
c=tJ~ ~
Signature of Notary
For Notary SeallStarnp
~~med:
Mary K. Pi ce, As: Sole Truiee
of the Survivor's Trust, and as
Co-T~stee of the Marital
Deduction Trust, and as Co-Trustee
of the Exemption Trust.
Id-//f! 06
not expressly set forth in this Agreement are of no force and effect. Any amendment to this
Agreement shall be of no force and effect unless it is in writing and signed by Grantors and
Grantee.
Binding Effect
10. This Agreement shall be binding on and shall inure to the benefit of the heirs,
executors, administrators, successors, subsequent owners, and assigns of Grantors and Grantee.
./~~/
Dated: /Z/!3!OO
GRANTEES
Dated:
JOHN McTIGUE, As: Co~ Trustee
of the Marital Deduction Trust and
Co~ Trustee of the Exemption Trust.
-~
I . (J~"'- Dated:
Il--/?:- 00
Dated: /,;z-/?"-~O
A ;/) --J 'l:...tu. Daled:p-rf-dOtJo
BEN DEN~ Trustee of the
1995 Ben and Eleanor Denice
Revocable Trust U/Drr
December 18, 1995.
Dated: jj. -/y:t7tJ
LE NOR DENICE. As Trustee of
e 1995 Ben and Eleanor Denice
Revocable Trust ulDrr
December 18, 1995
,~~L'rJ h ), L 7-=.1{, Dated: /2 -JY-(JcJ
. MITCHEL~, As Trustee
of the Wright Family Trust UlDfT
September 9, 1994
INDA ANN WRIGHT, A rustee of
the Wright Family Trust ulDrr
September 9, 1994
Acknowledgment
[See 8 28A.200{2] for appropriate acknowledgment form.]
STATE OF CALIFORNIA
COUNTY OF Santa Clara
On December 13, 2000 before me, Janet K. Wallace a Notary Public in and for said
State, personally appeared Leland B. Evans, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s)
~7are 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~her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WILN S my seal. . <,',:' '. ,.-.....=-"M>...o1::<I'-"""..'('..-,,~,.~~'Y".,..'
. . JANET K. WA:)J\!~~ ;:'
. Comm. , 114H8t. ,4
SJ. ed. .... Q1 .;<o~ 1I0YARY PUBlIC. CALlfOlII(Ii. ~..
~ Coanty 01 S~8U CI~'
STATE OF ~. ,~2I~.~~!~~.~~E~~:;~~~
)~",...~..-",..''''''''''.p....~"...,..."....,.....
COUNTY OF Santa Clara
On DeCember~ooo before me, Janet K. Wallace a Notary Public in and for said
State, personally appeared Mary K. Filice, trustee, AlBert B. Deniee, ~e,~
~en Denice, trustee and Eleanor Denice, trustee, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) ia/. re ubscribed to the within instrument and acknowledged to me that
he/she/ e exe~~J;J the same in his/her/their authorized capacity{:i,es), and
that by his/her thei signature(s) on the instrument the person(s), or the
entity upon beha of which the person(s) acted, executed the instrument.
seal.
.........- .i~
/tM ..,...,..-.-.- A1t!\1OIi
. /:'., ,,;' ';.~ JANET K. Wl'l\.l,.)l,",~ .(
-6(......-' .. .r'., ';" ~ . \lU~"~ I~
, '.:, . '.,';"- Comm.'1 '~>"Ml' ~
. . ~.:,~'q. 1ll)TAIIY \l\l81IC.CA\.It'Ol\lllI\ ~."
. . ..~:..:~.. CouM'f cd Sa_ta C\lri& 'of.
\. . . .',.:~/ C ;~~">>1 ~,1~\ Ii.
~' '....Z!..:p,.y ~y 0IlIIlI~.....<A
~,,~,,~""~4",,;,y"..,.~...;.,:..'V~~ ..
On DeCember/~ooo before me, Janet K. Wallace a Notary Public in~?p'~or said
State, personally appeared Mitchell W. Wright, trustee and Linda ~Wright,
trustee, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) iB/~r6)subscribed to the within
instrument and acknowledged to me that he/she/t.~. executed the same in
his/her/~~authorized capacity (ies) , and th~ hiS/her/their signature(s)
on the instrUment the person(s), or the entity upon behalf of which the
person (s) acted execute the ins trument . " ....., :. '::"~~M-.too~
1,0'., r ~\13l\..AC~1o: i
...:.~t: :\.. ,"\... h ~
. ", :.,u~;,:-;. : 11443~4 1ft
;. !i',;,;.,; ':U!lUC.CAlIFORtIl~ 'J!
. :~1I11l'! Of SMlt. elm "~
. . - ~ L./ ,,It
", t;omiR. ,7.p!r9j ."'1 23,2001 l;-
. . ......\~~.r'(r'C'.....~....~......~
COUNTY OF Santa Clara
WITNESS
SIGNED
:~I
;STATE OF CALIFORNIA )
)
COUNTY OF Santa Clara
On December 14, 2000 before me, Janet K. Wallace a Notary Public in and for said
State, personally appeared Albert B. Denice, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
~~re subscribed to the within i~rument and acknowledged to me that
'~8he/they executed the same in'hi~her/their authorized capacity (ies), and
that by his/her/their signature(~on the instrument the person(s), or the
entity upon hehalfof which the person(s) acted, executed the instrument.
EXIDBlT .
A. ..:....; PRO:f1ERTY OWNERS
-.
Mary K. Filice, Trustee of the 1985 Filice Revocable Trust Under Declaration of Trust
dated December 17, 1985; Albert B. Denice, Trustee of the 1995 Albert B. Denice
Revocable Trust Under Declaration of Trust dated October 5, 1995; Ben Denice and
Eleanor Denice, Trustees of the 1995 Ben and Eleanor Denice Revocable ~rust under
Declaration of Trust dated December 18, 1995; Mitchell W. Wright and Linda Ann
Wright, Trustees of the Wright Family Trust under Declaration of Trust dated
September 9, 1994.
Mary Kay Filice, Sole Trustee of the Survivor's Trust under the 1985 Filice Revocable
Trust under Declaration of Trust dated December 17, 1985, as amended October 25,
1995, July 6, 1998 and July 28, 1998
Mary Kay Filice and John MCTigue, Co-Trustees of the Exemption Trust under the 1985
Filice Revocable Trust Under Declaration of Trust dated December'1?, 1985, as amended
October 25, 1995, July 6, 1998 and Jury 28, 1996 and
Mary Kay Filice and John McTigue, Co-Trustees of the Marital Deduction Trust under
the 1985 Filice Revocable Trust Under Declaration of Trust dated December 17, 1965,
as amended October 25, 1995, July 6, 1998 and July 28, 1998, all as their interests
may appear of record
EXHIBIT B - LEGAL DESCRIP'l'ION -SERVIENT EASEMENT
All that certain Real Property in the City of Gilroy, County of Santa Clara,
State of California, described as follows:
Parcel One, as shown on that certain Parcel Mpa filed for record on November 25,
1992 in Book 642 of Maps at Page 14, Santa Clara County Records.
Excepting therefrom that portion thereof described as Parcel A in that certain
Final Order of Condemnation filed in the Superior Court County of Santa Clara
entitled, "Santa Clara Valley Water District, Plaintiff, vs Joe R. Smolen, et
aI, Defendants", Case No. 568873, recorded February 14, 1991 in Book L618 Page
0184 of Official Records, described as follows:
Being a portion of the lands described in the deed recorded in Book 1319 of
Official Records at Page 684 in the Office of the Recorder, County of Santa
Clara, State of California, to wit:
Parcel "A"
Beginning at the most Easterly corner of the lands of Santa Clara Valley Water
District as said lands are described in the deed recorded in Book 9231 of
Official Records at Page 455. Santa Clara County Records; thence along the
Northeasterly line of last said lands N 310 26' 55" W 175.60 feet to the true
point of beginning; thence along the general Northerly line of last said lands S
850 30' 00" W. 453.15 feet; thence S. 810 46' 51" W. 200.42 feet; thence S 850 3D'
00" W 772.03 feet; thence along a curve to the right, having a radius of 883.00
feet, through a central angle of 110 04' 07", for an arc distance of 170.58 feet
to the Northwesterly corner of last said lands; thence N 310 26' '55" W 19.29 feet
to the general Southeasterly line of Gilman Road; thence along said line N 700
38' 12" E 41.59 feet; thence leaving said line along a curve to the left from a
tangent which bears S 850 09' 07" E. having a radius of 850.00 feet, through a
central angle of 90 20' 53", for an arc distance of 138.68 feet; thence N. 850 30'
00" E ~,415.01 feet to the Northeasterly line of first said lands; thence along
said line S 310 26' 55" E 22.44 feet to the true point of beginning.
EXHIBIT
C - LEGAL DESCRIPTION
All that certain Real Property in the City of Gilroy, County of Santa Clara,
State of California, described as follows:
PARCEL ONE I
Portion of Lot 4, as shown upon that certain Map entitled, "Map of the
Subdivision of the Elizabeth H. Martin Tract being part of the John Gilroy
Portion of the Rancho San Ysidro"/ which Map was filed for record in the Office
of the Recorder of the County of Santa Clara, State of California, on October
20, 1894 in Book F of Maps, Page 31, and more particularly described as follows:
Beginning at an old 4" x 4" post which is the common corner to Lots 4 and 5 of
said Tract and the line between the Rancho Las Animas and the Rancho San Ysidro;
thence along the line between North 32 deg. OS' West 12.212 chains to the South
line of the Gilman Road; thence along the South line of the Gilman Road; South
57 deg. 55' West 13.839 chains and South 70 00" West 7.848 chains to the West
line of Lot 4 being also the line between the Rancho Las Animas and Rancho
Ysidro; thence along said line, South 32 deg. OS' East 13.836 chains to the
point of beginning.
Excepting therefrom all that portion thereof lying Northeasterly of the
Southwesterly line of that certain Parcel of Land described in the Grant Deed
from Dixie Lee Meiselbach, et aI, to Santa Clara County Flood Control and Water
District, Recorded February 25, 1972 in Book 923l Page 455 Official Records,
Santa Clara County.
PARCEL TWO:
Beginning at the western most corner of that 85.95 acre parcel of land as shown
upon that Record of Survey filed in Book 386 of Maps, at Page 14, Santa Clara
County Records, and running thence along the boundary thereof, South 31 deg. 26'
38" East, 1265.73 feet; thence South 82 deg. 37' 23" East, 381.21 feet; thence
along a tangent curve to the left, with a radius of 120.00 feet, through a
central angle of 25 deg. 28' 43" and an arc length of 53.36 feet; thence North
71 deg. 53' 54" 'East, 151.65 feet; thence along a tangent curve tothe right,
with a radius of 98.00 feet, through a central angle of 85 deg. 42' 52" and an
arc length of 139.13 feet; thence South 22 deg. 23' 14" East 21.84 feet; thence
along a tangent curve to the left, with a radius of 40.00 feet, through a
central angle of 62 deg. 33' 43" and an arc length of 43.68 feet; thence South
84 deg. 56' 57" East, 68.43 feet; thence continuing along said boundary, North
58 deg. 32' 50" East, 2266.17 feet to a point on the Southwesterly line of
Parcel B, as described in that Final Order of Condemnation Action, Recorded in
Book K121 at Page 305, Santa Clara county Official Records; thence leaving the
boundary of that said 85.95 acre parcel of land and running along said
Southwesterly line of said Parcel B, North 69 deg. 54' 36" West, 1929.44 feet;
thence along a tangent curve to the left with a radius of 900.00 feet; through a
central angle of 24 deg. 35' 24" and an arc length of 386.26 feet; thence South
85 deg. 10' West, 34.66 feet to a point in the northwestern boundary line of
that said 85.94 acre parcel of land; thence along said northwestern boundary
line, South 58 deg. 32' SOu West, 1367.85 feet to the Point of Beginning.
IMI
HMHJ Incorporated
CI.,U EnlllnHrs, Planners. SUlVeYG,.
James T. H2IpEr
Wiiam J. WaItT<<
1lx:masA ArmstIav
MlchaeI L MorslI
DiMcI M Willen
James E. ~
December 5, 2000
r HMf{5001-0G-OO., "
Page fof 1'page
EXHIBIT "X; D
STREET EASEMENT
REAL PROPERTY in the City of Gilroy, County of Santa Clara, State of Califomia, described
as follows:
A strip of land 110 feet in width, being a portion of Parcel 1 as shown upon that certain Parcel
Map filed for record November 25, 1992 in Book 642 of Maps at page 14, Santa Clara County
Records, extending from the northwesterly line of said Parcel 1 to the northerly line of Parcel A
as described in the Deed recorded February 14, 1991 in Book L618 Official Records Page
0184 Santa Clara County, the centerline of said 110 foot wide strip is more particularly
described as follows:
BEGINNING at a City Monument, at the intersection of centerline of the Camino Arroyo Road
with the northwesterly right of way line of Gilman Road as shown on said map;
Thence South 31"26'55" East, 106.98 feet to the southeasterly right of way line of Gilman
Road, also being the northwesterly of line of said Parcel 1, being the True Point of Beginning;
Thence South 31026'55" East, 269.65 feet to the northerly line of said Parcel A.
Containing 0.68 acres, more or less.
500lId02.wp<I
'570 Oakland Road, Sulte200' P.O. Box 611510 . San Jose, CA 95161-1510' Tel: (408)487..22()(JoFax: (408)487-2222
~ Black Avenue, Suite 100. Pleasanton, CA 94566-6147. Tel: (925) 60().7335 . Fax: (925) 600-8895
7951 VVren Avenue, Suite 0 . Gilroy, CA 950204903 ' Tel: (408) 846-0707 . Fax: (408) 846-0676
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IMI HMH. Incorporated
Civil Engineers . Planners · Surveyors
1$70 OAAl."'ND RO"'O. SUITt 200
P.o. eox $11510 SAN.lOst. CAUF'ORNIA 95161-1510
(408) 487-220Cl ,AX (408) 457-2222
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GRAPHIC SCALE
1 INCH == 150 FT.
SHEET 1 OF 1
Plat to accompany description:
STREET EASEMENT
GlLROV
CALIFORNIA
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2007-44 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
21 st day of May, 2007, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 1 st day of June, 2007.
(Seal)