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!AL RECOHD:
CLARA CQUN ':'
;: A MANN
HAR RECQRD::r
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AGREEMENT GRANTING EASEMENT
THIS AGREEMENT is made this~;1~day of February, 198'
by and between FOREMOST-McKESSON, INC., a Maryland corporation
("Foremost") and the CITY OF GILROY, a municipal corporation,
("Gilroy"), with reference to the following facts:
a. Foremost is the owner of certain real property
described below in the County of Santa Clara, State of
California; and
b. Gilroy desires to have an easement over a portion
of said property for purposes of flood control and storm water
run off; and
c. Foremost is willing to grant an easement to Gilroy
subject to certain terms and conditions,
NOW THEREFORE, the parties agree as follows:
1. Grant of Easement. Foremost hereby grants Gilroy
the exclusive easement, as more specifically described in
Paragraph 2 hereof.
2. Description of Easement. The easement granted by
this Agreement is restricted to the right to improve and
maintain appropriate drainage lines for purposes of flood
control and storm water run off. The property subject to
this easement is specifically described as follows:
Portion of Lot 6, as shown on that certain Map entitled "Map
of the Subdivision of the Elizabeth H. Martin Tract", 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 "P" of Maps, at page 31, and more particularly
described as follows:
BEGINNING at a buried pipe (alongside of which is a 3" pipe
5' high) on the Southeastern line of Lot 6, distant thereon
N 510 15' E, 1511.40 feet from the southernmost corner thereof,
as said Lot 6 is shown on the Map above referred to, said point
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F 937 r~S~ 268
of beginning described in the Deed from Abdon Nannini, et al,
to Luigi Matteucci, dated May 2, 1929, recorded June 24, 1929,
in Book 470 Official Records, Page 134, Santa Clara County
Records, to the POINT OF BEGINNING; running thence along the
Southeastern line of said Lot 6, N 510 14' 16" E, 825.28 feet
(at 800 feet is a pipe on the bank of the slough) to a point
in the center line of a slough at the southernmost corner of
that 3.24 acre tract of land described in the Deed from Michael
Mondelli, et ux, to Geo. E. Clausen, et ux, dated February 26,
1941, and recorded February 27, 1941, in Book 1029 Official
Records, Page 41, Santa Clara County Records; running thence
~long the original center line of said slough, being the west-
erly line of said 3.24 acre tract, N 210 45' W, 10.46 feet;
thence S 510 14' 16~' W, 827.17 feet; thence S 320 05' 59" E,
10.07 feet to the Point of Beginning.
3.
Term.
The easement granted herein shall exist as
long as the need for flood control and storm water run off
requires; provided, however, that Gilroy agrees to forthwith
release, terminate or abandon the easement at such time as
Gilroy finds it unnecessary or surplus to its requirements.
Expenses.
Gilroy shall be responsible for all
4.
costs and expenses relating, directly or indirectly, to the
establishment of the easement and the construction, operation,
and maintenance of the works relating to the easement.
Said
costs and expenses shall include, but not be limited to,
those related to surveying, staking, construction, and
recording fees.
5.
Exercise of Care.
Foremost agrees that Gilroy
may have reasonable rights of access to the property for
purposes related to the easement; provided, however that
Gilroy will exercise good faith and reasonable care in doing
all things necessary to construct, operate and maintain the
works connected with the easement so as to interfere as
little as possible with Foremost's use of the property
subject to the easement.
In the event that the constructh.,!l
or operation of the flood control and storm water run off
operation requires Gilroy to do underground work, Gilroy
agrees to adequately cover such work over so that Foremost's
surface rights shall not be impaired.
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6. Liability-Hold Harmless.
F 937 P~s: 269
Gilroy waives all claims
against Foremost for damage to person or property arising for
any reason related to the easement grated herein. Gilroy agrees
to indemnify and hold Foremost harmless from any and all claims,
liabilities, damages, costs and expenses (including reasonable
attorneys' fees) relating to the acts or omissions of Gilroy
or its authorized agents and representatives, in the establish-
ment of the easement or the construction, operation, or main-
tenance of the flood control and storm water run-off works
thereon.
7. Attorneys' Fees.
In the event of any controversy,
claim or any dispute between the parties involving the terms
or provisions of this Agreement, the prevailing party shall be
entitled to recover its reasonable attorneys' fees and costs
of suit.
8. Validity.
This Agreement shall be valid and binding
and in full force upon execution by the parties, whether or not
the Agreement is recorded.
9. Entire Agreement.
This Agreement contains the entire
agreement between the parties relating to the rights herein
granted and the obligations herein assumed. Any modification
or amendment shall be of no force or effect unless the same is
in a subsequent written instrument signed by the party to be
charged.
IN WITNESS WHEREOF, the parties have executed this Agree-
ment on the date first above written.
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STATE OF CALIFORNIA )
City and SSe
COUNTY OF SAN FRANCISCO )
F 937 r!s:270
On February 15, 1980 before me, a Notary Public in and for the
State of California, personally appeared NORBERT W. MARKUS, JR. and
J. A. BLYSKAL known to me to be the Vice President and
Assistant Secretary, respectively, of the corporation described in
and that executed the within instrument, and also known' to me to be
the perspns who executed the within instrument on behalf of the cor-
poration therein named, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal
the day and year first above written.
YVONNE M, OU1NT
NOTARY PUBliC-CAWJRNIA
CITY & COU~nY OF
SAN FRArlClSCO
My Commission Expires August 23. 1 !lal
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d No tary Pub 1 ic