McElroy, James
,/
THIS AGREEMENT, Made this 20th day Of January 1916,
between the undersigned owners Of real property 1-11 tuate in
Block 3 North Range 1 West of the C1 t~r Of G1lro't in the county
of Santa Clara, state of Oalifornia, the parties Of the first
part, and the City Of GilrOy, a Municipal corporation, of the
State of Oalifornia, the party Of the secOnd part.
WITNESSETP.:
That the said parties Of the first part dO hereby
grant unto the said party Of the secOnd part and its assigns,
a right Of way for a pole line to oarry eleotric light wires,
wires fOr an eleotrio fire alarm system, wires for telephone
purposes, and wires for a pOlioe telegraph system through Blook 3
North Range 1 West Of the Oity Of GilrOy, the oenter line Of
said right Of way being described as fOllows, to-wit:-
Beginning at a point on the Southerly side Of Third street,
distant thereOn j.~,1 feet Easterly from the point Of intersection
Of the southerly line Of Third street with the Easterly line
Of Eigleberry street, and running thence south 20Y East Five
hundred and fifty feet to the Ncrtherly line Of Fourth street.
The pOles shall have crOss arms whioh may extend for a
distanoe Of five feet on either side Of s~id center line, and
the said party Of the second part and its assigns are hereby
granted the right to oonst~lot, erect and maintain said pOle
line in the place designated, and the right to suspend and
maintain On said po les and QrO.8.B arms, either singly Or in oables
wires to oarry electrio energy f'or light and power purposes,
wires for telephone purPOses, wires for an electrio fire alarm
system, and for a pOlioe telegraph S}!stem.
The said pOles are to be placed On the property lines
running Easterly and WesterlY dividing property Of the parties
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Of the first part in said b~ook, and are to be of sufficient height
sO that the wires thereOn will in nO way interfere with any
building or structure now On the line Of said right of' way, and
all orOss arms On said pOles carrying light and power wires,
shall be at least forty feet abOve the surface Of' the ground.
NO pOle shall be placed in south line Of Lot 15 in said Block.
Should the parties Of the first part, their heirs Or assigns,
at any time wish to move any building Or structure aoross said
right Of way and under any wires suspended On said POles or
oross arms, the party Of the secOnd part, and :its assigns,
agree at its Own cOst to raise its wires Or remove them tempOrar-
ily to permit the moving Of any such building or struoture.
The party Of the seoond 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 and oare for the same 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 anv Owner Of property in said blook, and.
care must be taken by the said party Of the seCOnd part to clOse
all gates Opened by it to reach said pOle line, and it is under-
stOOd that if the said party Of the seoond part, and its assigns~
repeatedly fail to <X'mply with the terms Of this olause after
having been notif'i ed by the Owner Of any property in said blOck
sO to dO, the parties or the first part may termdnate and oanoel
the privilege hereby granted, and the party Of the seoOnd part
shall forfeit all rights hereby granted to it.
The party Of the seoond part, and its assigns, Shall be
liable for all injury that m'1Y happen Or aoorue to any property
.
in said blOck belonging to any o1lI1er Of property in said blOok,
by reasOn Of said po le line or a yw wire thereOf.
The party of' the seoond part shall have the right to ereot
said pOle line On its Own account or in conjunotion with any
other person, :firm or corporation, and the right to sublet Or
assign to any perS0!n, firm or oorpOration 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 8llV person,
firm or corpOration ~nstructing said pOle line in oonjunotion
wi th 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. llIrt, shall have the same rights and privileges
of' entering said right Of way to oare f'or and maintain its
said wires as is hereby grante4 the said party Of t,he seoOnd
part, upOn ]the same terms and conditions.
.
IN WITNESS WHIDREOF, the parties of' the first part have
hereunto set their hands the day and year herein first written.
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SlaICo~n~:~o~:~ia Clara, Iss. ON THIS----~~~:---daY 0'_ n~~-n. '0 tho
year One Thousand Nine Hundred all(:l..~~~~"\._ before me, WALTER G. FITZGERA , Notary Pu~ic i~r said
~~_~a~a:~~:_~~t1~Jl:k::tl~:_a~~~e~~e_ --r;;~~_;;;z;~~~_
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known to me to be the person{<2_udescribed in, whose namell:'- _~._ subscribed
to, and who executed the annexed instrument, and -J:: he-'T acknowledged to me that
:7:-he-'lf-executed the same___~______________________________________________________
IN WItNESS WHEREOF 1 haV~he unt et my hand an official seal,
at my office in the co~~:~_o~_ -~~_~t~_m~ st_~~~~~_~_ri__:~~
NOT UB C
In and for the County of S nta Clara, tate of
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