Moore, Courtney L. and Rea, Dixie Lee
)
f) .
/
In :)')'"
'llt '~;!4,'
i ~.
I} ,
,,'
t.):'
~ \
"'Y '
EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINE
THIS INDENTURE, Made this It~day of October, 1961, between
COURTNEY L. MOORE and DIXIE LEE REA, each of whom acquired an
undivided one-half (1/2) interest in the premises hereinafter
described as his and/or her separate property, PARTIES OF THE
FIRST PART and CITY OF GILROY, a Municipal Corporation in the
County of Santa Clara, state of California, PARTY OF THE SECOND
PART:
WIT N E SSE T H:
That for and in consideration of the sum of ONE ($1.00)
DOLLAR, cash in hand paid, the receipt of which is hereby acknow-
ledged, the Parties of the First Part have this day bargained
and sold, and by these presents do grant bargain, sell, convey,
transfer and deliver unto the Party of the Second Part, a permanent
easement and right of way, including the perpetual right to enter
upon the real estate hereinafter described at any time that it may
see fit, and construct, maintain, and repair an underground
sanitary sewer line for the purpose of conveying sewage over,
across, through, and under the lands hereinafter described,
together with the right to excavate and refill ditches and/or
trenches for the location, placing, replacing, and repair of said
sewer line and the further right to remove trees, bushes, under-
growth and other obstructions, if any, on the easement premises
interfering with the location, construction, repair, and/or
maintenance of said sewer line.
The land affected by the grant of this easement and right of
way is located in the County of Santa Clara, State of California
and more particularly described as follows:
The Southwesterly 10.00 feet, uniform in width, of Lot 5
as shown on map entitled "Map of the Subdivision of the
Elizabeth H. Martin Tract," which map is recorded in Book
ifF" of Maps at page 31, Records of Santa Clara County,
California;
- 1 -
, :Ii'"it;
, 1, ), }. l
In addition to the said permanent e~ement above described,
the First Parties do also grant to the Second Party the right
to use and occupy for the purpose of initial construction and
installation of the said sewer line on the above described
premises a strip of land 20.00 feet in width, the Southwesterly
line of which is the Northeasterly line of the hereinbefore
described easement premises, the said strip of land to be used
for the sole purpose of the initial installation and construction
of said sanitary sewer pipe line for the City of Gilroy.
The said easa~ent is granted to the Party of the Second Part
upon the following conditions:
1. That the Parties of the First Part may make connections
onto and with that part of said sewer line which is on and
in the easement premises above described for the purpose
of disposing of waste material and affluent arising out of
farming operations conducted on the tract of land of the
Parties of the First Part of which said easement land is a
part, or incidental thereto, if suitable for disposal in
said sewer line, but excluding any sewage arising out of any
commercial enterprise or plant though related to agriculture
which may be established or operated on said tract of land
of the Parties of the First Part of which said easement land
is a part; any use so made of said portions of said sewer line
by First Parties shall be, and remain, subject to the right
of Second Party to require proper screening of any waste
material or sewage from said premises which may run into
said sewer line.
2. First Parties may continue to use the surface of the
easement land for "turning around" space when cultivating
the adjoining land but shall not construct or place any
buildings on or over said right of way or grow crops
thereon.
3. That the Party of the Second Part herein shall pay for
all damages to crops arising out of its use of the said
easement premises.
4. That the said easement premises shall not be fenced
or otherwise enclosed.
IN WITNESS WHEREOF the Parties of the First Part have hereunto
set their hands the day and year first hereinabove written.
Witness to signature:
- I
tv;) C;:LLi/
//-')
,/
. l c (.
.
'- " ~
>-~: ~ c. /t: I' (
/
c: ,;; "'L <:
(
Wi tness to signature:,
/1!03--e~/t-"2./1
/..,
fi.)'rrj(l C/).^ (
.4~'~..
- 2 -
i
1
I
I
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
ss
'. 'J \
~'. }
j,J., ' ,
,"-e:
~
> ,~
n this 16th day of uctober, 1961, before me, Sydney S. Johnson,
a notary public, personally appeared G. B. Carr, known to me to be the
person whose name is subscribed to the within instrument as a subscribing
witness thereto, who being by me duly sworn, deposed and said that he
resides in the, ~\C\lid County of Santa Clara, State of Ca Ii fornia, that he
was presept~hn~?~aw Courtney L. Moore and Dixie Lee Rea, personally known
to him;tsl':A~" t:l''1~. $.~rne persons described in and whose names are subscribed
to theJ~\<f~'~:ri:i::n i~~"t:~ument as parties thereto, sign and execute the same ~
and the~~(he,the';"^4f'fian~, then and there subscr:tbed his name to said
instn.i'~t :as, a'''~:.itness.
, .'.:: \~.:;".;::~ ;.\,),?~?:"
ROOk ;i J;]:J FAGE .1
RESOLUTION NO. 652
llSOLUTION ACCEPTI. 0111
IE ITRISOLYEI that the CITY 0' GILROY does hereby ICCept the attkhed
deed dated Oc:tober 16. 1961, conveying I ri ght of way by COURTNEY L. MOORE
Md D,X'E LIE RfA, to the CfTY OFGIUO' over a It,1 p of land of un' form wi dth
of 10.00 feat for the purpose of constructing. laying repatrlng, repllclng,
Ind maintaining I sewer 1 tne Ind I temporary easement over the Idjolntng
20.00 f.et for the Inltll' construction of Slid sewer line, Ind the City of
II Iroy does hereby cons..t to the recordation of satd d.ed.
p,A$SED Ind ADOPTED this 16th day of October, 1,6.. by the following
vot.:
AYES:
NOES:
COUNCIL MEMBERS: Duffln,Jordan.'etersen,qulrtlro.l, Ind
Slnchez.
tOUNC I L MEMIDS: None
AISDT: CO.eIL MEMIDS: Goodrich Md W..tworth
AmOVED:
SIG SANCHEZ
Mayor
ATTEST:
SUSANNE Eo PAYNE
City CJerk
I, SUSA.I E. PAYNE, theundersll"ed, City Clerk of the City of Il1roy,
do hereby certlfytha foregoIng to be I ful1 true and correct copy of I r8$oh....
tlon unlnlmously ldopted It I regullr meeting of the Council of the tltyof
Gilroy, 4...1y held on the '6th day of October, 1'61. It which a CIIuO,,_Jwet,
present. ., ,".:~i~:,!,;,~,.,t.,<,
IN WITNESS WHOI. I have hereunto .et my hand and fixed th.,i'~fJl&.l.li.,S.1
of the City of Gilroy this 17th day of October~ 1961.':",':i:}':~;;:; ',;y'c(;;.
, w..J
i~ --
'0'-0 go;
c=::.r...,~
17j ~O.J ~
f'- C"":' (", " 0.._
""',. __ ~::; <.;;.N 0'"\
'-<t'l. I_~. "=-LJ~ N
O"J L: -,~.~~'" ,
::::c:: c, "( "" N
1"- 0 b.. i ., ~
- 0 .....,
~.'.... co f"",:': ",<
t l'-~, ' C;:;..'?
o _".;.t\~. -
CS) L.1... ,t;
. ~ c:;);
..~
:~
>-
(j) f-
02
n.:: =? I
OU_.1C':
~ :~ ~.~ ;:~':::
.--;
.
{1~ n:: ..~:
:.~ :\ ".~~ ~'~~
:~ ;; ::::i ~~,
~~CL
o:t
(/)
\
\}
'~
I -
: rr-
:.j I~
;.
i:
" 1.
,I
2.
;[
3.
4.
;!
\)'~jrjE.9!lj 1j11J1l..!! ~~.tIJlJtJ~~~~!I~
I
I
.j
II
SANTA CLARA COUNTY DIVISION
r"':ORMERL..Y
~\~~jJO,i~;~ ~J!~'Illl~~q;1j'~llj1j~f! ~~~
70 NORTH SECOND ~)THEEl
SAN JOSE, CALI FORNI A
TELEPHONE CYPRESs 3-2.130
PrelimInary repon fur a f10ltcy of title Insurance 1fl the sum of $
to he issued by
I
I I
I,
'IJ~~BhlJ TgjllJaI))"@pM~~~~fM'JJtJ
TO CITY OF GILROY
Order No, 357700
i
WESTERN TITLE GUARANTY COMPANY Santa Clara Coullty Division, a curporatlon, hcrehy reporrs that
tItle to tbe real property hereinafter descnbed 15 l)l} September 5, 1961 ar8:00 a. m. vested in:
COURTNEY L. MOORE, as his separate property, and DIXIE LEE REA, each
as to an undivided 1/2 interest.
Subject to:
Taxes for the fiscal year 1961-1962 a lien but not yet due or payable.
Sale to the state of California on June 30, 1961 for non-payment of
second installment of taxes for the fiscal year 1960-1961. Amount
necessary to redeem 1s $1,390.74. Estimate void after September 29,
1961. See Receipt No. 7488, Code Area 67-9 and Sale No. 30555.
Easement for road purposes over all that portion of the premises lying
within the bounds of Old Gilroy Road.
the I
I
\ I
I
Right to maintain the present ditches and the right to drain through
said present ditches, as reserved 1n the Deed from Henry Hecker and
Ethe 1 M. Hecker, husband and wi fe, to l"iary Lee Rea, dated October 7,
1920, recorded October 27, 1920 1n Book 522 of Deeds, page 317; as
granted in the Deed from Henry Hecker and Ethel M. Hecker, husband and
wife, to Elizabeth Phalby Riggins, dated October 7, 1920, recorded
October 27, 1920 in Book 522 of Deeds, at page 315.
5. Easement for pole line along a line parallel with and 20 feet South-
easterly of the Northwesterly line of the premises extending from the
Northeasterly line thereof to the Southwesterly line as granted by
Deed from Mary Lee Rea to Coast Counties Gas and Electric Company, a
corporation, dated October 21, 1949 and recorded December 1, 1949 1n
Book 1884 of Official Records, page 588.
6. Any defects or irregularities 1n the proceedings had in the Superior
Court of the state of California, in and for the City and County of
San Francisco, in the Matter of the Estate of Mary Lee Rea, deceased,
I
I
I
I,
Probate No. 130826, leading up to the Order and Decree of Partial
Distribution made therein on January 31, 1955, a certified copy
of which said Order and Decree was recorded on February 1, 1955
in Book 3073 of Official Records, page 282.
7. Crop and Chattel Mortgage dated April 5, 1961 and recorded April
6, 1961 in Book 5127 of Official Records, page 536, executed by
Vanson Farms in favor of Bank of America National Trust and
Savings Association, (Gilroy Branch), covering the crops grown
upon the premises hereinafter described and other property, during
the years 1961 and 1962 and thereafter until fully paid, and given
to secure the payment of the sum of $20,000.00 with interest
thereon, etc.
The records do not disclose what interest, in and to the premises
hereinafter described, if any, was held by said Mortgagors of the
date of the foregoing instrument.
8. Easement for tower line as granted by Deed from Courtney L. Moore
and Dixie Lee Rea, to Pacific Gas and Electric Company, a
California corporation, dated June 5, 1961 and recorded June 29,
1961 in Book 5215 of Official Records, page 123, over that portion
of the premises described as follows:
BEGINNING at a point in the Southwesterly boundary line of the
115.85 acre parcel of land described in the Decree of Partial
Distribution, dated January 31, 1955 and recorded in the office
of the County Recorder of said County of Ranta Clara, in Book 3073
of Official Records, page 282, said Southwesterly boundary line
being the Northeasterly boundary line of the 8.317 acre parcel of
land conveyed by Abdon Nannini to Coast Counties Gas and Electric
Company by need dated June 21, 1949 and recorded in the office Of
said County Recorder in Book 1807 of ~fficial Records, at page
218, from which the old stake marking the most Easterly corner
of said 8.317 acre parcel of land bears S. 320 05' E. 188.8 feet
distant and running thence N. 320 OS' W., along the Southwesterly
boundary line of said 115.85 acre parcel of land, 116.9 feet to
the most Westerly corner of said 115.85 acre parcel of land; thence
N. 580 01' E., along the Northwesterly boundary line of said 115.85
acre parcel Of land, 17.2 feet; thence S. 320 09' E. 116.8 feet;
thence S. 570 51' W. 17.3 feet, more or less, to the point of
beginning.
NOTE: For information purposes, we note the following:
1. The premises hereinafter described were acquired by Order and
Partial Decree of Distribution made in the Superior Court of the
State of California, in and for the City and County of San Francisco,
on January 31, 1955 in the Matter of the Estate of Mary Lee Rea,
deceased, Probate No. 130826, a certified copy of which said Order and
Decree was recorded on February 1, 1955 in Book 3073 of Official
Records, page 272, and the description therein contained is identical
with the description hereinafter set forth.
2. The foregoing Instrument has no revenue stamps affixed thereto.
3. The premises hereinafter desoribed are assessed at: Land, $30,020.00
and Improvements, $1,390.00.
4. The address of the vestees as shown upon the assessment roll
is: 1060 Mills Tower, San Francisco, California.
The real property referred to is described as:
All that certain parcel of land situate in the County of Santa
Clara, State of California, described as follows:
PORTION OF LOT 5, as shown upon 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
F of Maps, at page 31, and more particularly described as follows:
BEGINNING at a 4" x 4" stake marked M.B, standing at the most
Westerly corner of Lot 5. as shown upon the Map above referred
to; running thence along the line between Lots 4 and 5, as shown
on said Map; North 580 02' East 44.228 chains to a 4" x 4"
stake marked R-O-Hj thence South 320 04' East 26.848 chains to a
stake marked R-L-H standing on the line between Lots 5 and 6, as
shown on said Map; thence along the line between said Lots 5 and
6, South 570 55' West 35.55 chains to a point in the center of
Old Gilroy Road.!. from which point a 4" x 4" stake, bears North
570 55' East 0.~6 1/2 chainsj thence along the center of the Old
Gilroy Road, North 830 15' West 11.135 chains to the Southwesterly
corner of the aforementioned Lot 5; thence along the Southwesterly
line of said Lot 5, North 320 04' West 19.928 chains to the place
of beginning.
CONTAINING approximately 115.85 acres.
(THE POLICY OF TITLE INSURANCE TO BE ISSUED HEREUNDER WILL NOT
INSURE, BUT FOR INFORMATION PURPOSES ONLY, WE NOTE, AS APPARENTLY
APPURTENANT TO THE PREMISES ABOVE DESCRIBED), the right to maintain
the present ditches and the right to drain through said present
ditches, over the balance of Lot 5, as granted in the Deed from
Henry Hecker and ithel M. Hecker, husband and wife, to Mary Lee
Rea, dated October 7, 1920, recorded October 27, 1920 in Book 522
of Deeds, at page 317.
(WHEN DRAWING PAPERS, OMIT PORTION IN BRACKETS AND SUBSTITUTE
THEREFOR THE WORDS "TOGETHER WITH").
This ~eport is issued preliminary to the issuanee of a Standard form policy of title insuranee and is issued for the purpose of providing
information relative to the title to the land to be insured by said policy. It does not include an examination of and the policy of title
insurance will not insure against loss by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing auth9rity that levies taxes or assessments
on real property or by the public records.
2. Any facts, rights, interests, or claims which arc not shown by the public records but which could be ascertained by an inspection
of said land or by making inquiry of persons in possession thereof.
3. Easements, claims or easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose,
and which are not shown by the public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water iights; claims
or title to water.
b. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting, regulat.
ing or prohibiting the occupancy, use or enjoyment of the land, or the character, dimensions or location of any improvement now or
hereafter erected on said land, or prohibiting a reduction in the dimensions, area or separation in ownership, of any lot or parcel of
land.
"PUBLIC RECORDS" WHEN USED HEREIN MEANS THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING LAWS, IMPART
CONSTRUCTIVE NOTICE OF MATTERS RELATING TO SAID LAND.
WESTERN TITLE GUARANfY COMPANY
SANTA CLARA COUNTY DIVISION
By...................,...........,.
PRESIDENT
. \
,
~io
Oq..
A
,&& 7
~
~
~
(;1:j
~
NOT S HOVVN
5ZZ 012 315
l;
(,.
6~ f>.
\\~.
"
Co
ROAD
ROAD)
.
I
PT LOT GO
E. H. MARTIN
TR.
J .
THIS.MAP IS Fo.R REFERENCE'ONLY; AND IS'NOT A PART"OF-T1-iIS'POLICY