Bordenave, J.P.
THIS AGHLEllEl'IT t l\l.ade this :t ~ dS\V of March 1916 t
between J. P. BORDENAVE, of the County of Santa. Clara, State of.
California, the party of the first part, and the CITY OF GILROY,
a IEunicipa1 Corporation of the State of CalifoTIlia, the party of
the second part,
WITHESSETH:
That the said party of the first part for and in
consideration of the removal of all poles carr~ying electric light
and power wires from the
sterly s ide of I.Tontorihy street, between
First and Second Streets, in the City of Gilroy, does hereby gl1ant
unto the said party of the second part and its assigns, a right of
v;ay for a pole line to cD.rry electric light wires, wires for an
electric fire alarm system, wires for a police telegraph system,
ana. wires for telephone purpo ,,1es through Block 5 North Range 1 West
of the City of Giilroy, the center line of sa.id right of way being
parallel to the \'iesterly line of Monterey street and One hundred
ancl f.J..~.tr~-ni,ne feet Westerly thereof.
The poles shall have cross arms which may extend for a
distance of five feet on either side of said center line, and
the said party of the second part, an: Lts assigns, are hereby
granted the right to construct, erect and maintain said pole
line in the place designated, and the right to suspend and
maintain on said poles mld cross arms, either singly or in cables,
wires to carry electric energy for light and power purposes,
wires for telephone purposes, wires for an electric fire alarm
system, and wires for a police telegraph system.
1:he said poles p,re to be of sufficient height so that wires
thereon will in no way interfere with any building or steucture now
on the line of said right of way, and all cross arms on said poles
carrying light and power wires, shall be at least thirty feet above
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the surface of the grouhd.
Shou.ld the party of the first part, his heirs or assigns,
at aIW time wish to move any building or structure acrOBS said
right of way and under any wires suspended on said poles or
cross arms, the party of the second part, and its assigns, agree
at its own cost to raise its wires or remove them temporarily
to permit the moving of any such building or structure.
The party of the second part, and its assigns, shall at all
times have the right to enter upon the right of way for said
pole line in order to maintain ana care for the s~ne and make
additions and repairs thereto, but in so doing care must be used
by the said party of the second part. and its assigns. not to
injure any property of the said party of the first part in said block,
and care must be taken by the said party of the second part to close
all gates opened b~i it to reach SD,id pole line, and it is understood
that if the said party of the second part, and its assigns, repeated-
ly fail to comply with the terms of this clause after having been
notified by the said party of the first part so to do, the party
of the first part m~ terminate and cancel the privilege hereby
granted, and the party of the second part shall forfeit all rights
hereby granted to it.
The party of the second part, and its assigns, shall be
liable for all injury that may happen or accrue to any property
in said block belonging to the said party of the first part by
reason of said pole line or of ru1Y wire thereof.
The party of the second part shall have the right to erect
said pole line on its own account or in conjunction with any
other person, firm or corporation, and the right to sublet or
..
assign to any person, firm or corporation the right to suspend
and maintain any of such wires on any pole line erected by it
on the right of way hereinbefore mentioned, and any person, firm
or corporation c6nstructing said pole line in conjunction with
said party of the second part, or having secured any right to
suspend any of such wires on said pole line, from the party of
the second part, shall have the same rights and privileges of
entering said right of way to care for and maintain its said
wires as is hereby granted the said party of the second part,
upon the s[~e terms and conditions.
IH WITNESS WHEREOF, the party of the first part has hereunto
s~t his hand the day and year berein
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State of California, l
County of Santa Clara, 555.
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ON THIS__n~. __ nnn non_day OL//U:2n_n_ nh__' in the
year One Thousand Nine ~u~dred a~_ ~e~ore me, WALTER G. FITZGERALD, a Notary Public in and for said
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known to me to be the person_nn_described in, whosenam~__.__subscribed
to, and who executed the annexed instrument, and n_ he_on acknowledged to me that
--__he____executed the same______________ __________________________________________
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