Rea, Dixie Lee and Beatrice
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EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINE
TmITS INDENTURE, Made this ~~4.day of September, 1961, between
DIXIE LE.E REA and BEATRICE REA OLIVER, formerly BEATRICE LEE REA,
Parties of the First Part and CITY OF GILROY, a Municipal Corporation
in the County of Santa Clara, State of California, the Party of the
Second Part;
WIT N E ,~ ~ E ~!!
That for and in consideration of the sum of ONE ($1.00) DOLLAR {
cash in hand paid, the receipt of which is hereby acknowledged, the
Parties of the First Part have this day, granted, bargained, and sold,
and by these presents do grant, bargain, sell, convey, transfer and
deliver unto the Party of the Second Part, a permanent easa~ent and
right of way, for the installation, maintenance, repair and replacement
of an underground sanitary sewer line, over, under, in, through and
across the following described parcels of land located in the County
of Santa Clara, State of California, to wit:
PARCEL ONE:
A strip of land of a uniform width of Ten (10) feet, being
the Southwesterly Ten (10) feet of Lot 4 as shown on Map
entitled "Map of the Subdivis ion of the Elizabeth H. Martin
Tract," which map is recorded in Book "F11 of Maps at
page 31, Records of Santa Clara County, California, said
strip of land to extend from the corner common to Lots 4 and
5 northwesterly to the intersection of the southwesterly line
of Lot 4 with the southeasterly line of Gilman Road, and
TOGETHER WITH the right to occupy and use a strip of land
20 feet in width, the southwesterly line of whXh is the
northeasterly line of the above described easement, said
strip of land to be used for the sole purpose of the initial
installation and construction of a sanitary sewer pipeline
for the City of Gilroy.
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PARCEL TWO:
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A strip of land of a uniform width of Ten (10) feet, being
the Southwesterly Ten (10) feet of Lot 4 as shown on Map
entitled IIMap of the Subdivision of the Elizabeth H. Martin
Tract," which map is recorded in Book "F" of Maps at page
31, Records of Santa Clara County, California, said strip of
land to extend from the intersection of the southwesterly
line of Lot 4 with the northwesterly line of Gilman Road
northwesterly to the corner common to Lots 1 and 4, and
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TOGETHER WITH the right to occupy and use a strip of land
20 feet in width, the southwesterly line of which is the
northeasterly line of the above described easement, said
strip of land to be used for the sole purpose of the ini-
tial installation and construction of a sanitary sewer
pipeline for the City of Gilroy.
PARCEL THREE:
A strip of land of a uniform width of Ten (10) feet, the
westerly and southwesterly line of which is described as
follows:
BEGINNING at the Southwesterly common corner to Lots 1
and 4 as shown on map entitled "Map of the Subdivision of
the Elizabeth H. Martin Tract," which map is recorded in
Book "F" of Maps at page 31, Records of Santa Clara County,
California, and running thence along the Southwes terly line of
Lot 1 N. 320 051 W. 2.77 chains to the most easterly corner
of Las Animas Ranch Lot 38 as shown on Map No. 7 accompany-
ing the final report of the referees in the Las Animas Rancho
Partition Suit, Action No. 5536 had in the Superior Court of
the State of Califtrnia, in and for the County of Santa Clara;
thence along the southeasterly line of said Lot 38 S. 56~o
W. 3.81 chains to the most southerly corner thereof; thence
along the southwesterly line of said Lot 38 N. 280 50t W.
4.44 chains to the most southerly corner of Las Animas Sub
Lot 10 as shown on Map No. 8 of said Partition Suit; thence
along the southwesterly line of Sub Lot 10 N. 28~ 501 W. 51.57
chains to the most westerly corner thereof in the southeasterly
line of Leavesley Road, and
TOGETHER WITH the right to occupy and use a strip of land
20 feet in width, the westerly and southerly lines of which
are the easterly and northerly lines of the above described
easement, said strip of land to be used for the sole purpose
of the initial installation and construction of a sanitary
sewer pipeline for the City of Gilroy.
including the perpetual right to enter upon tne said easements lands
at any time for the purpose of construction, maintaining, replacing,
and repairing an underground sanitary sewer line for conveying sewage
over, across, through, and under the lands hereinbefore 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, undergrowth, and other
obstructions, if any, on the easement premises, interfering with the
location, construction, repair, and/or maintenance of said sewer line.
Said easements are 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
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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 dis-
posal 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
custivating 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 shall pay for all
damage to crops growing upon the easement premises caused
by the use of the premises by said Second Party.
IN WITNESS WHEREOF the parties of tne First Part have
hereunto set their hands the day and year first hereinabove written.
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DIXIE LEE REA
By~ii~~
BEATRICE REA OL~:VER II
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By 7,
Her Attorney i-h Fact
STATE OF CALIFORNIA) )
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County of Santa Clara )
STATE OF CALIFORNIA )
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Cou,.ntr:'l~1f'lr ~.a~ta Clara-)
i-':~;:.:"'~~c"~::;'~:~v -,
..'/;/ ""(€J.~ j:;his 16th day of October in the year 1961, before
~€,,~f <::.;;'-S~~elS 0 Johnson , a Notary Public in and for said
.~nt,~~.??~_\S't;~t~, personally appeared James W. Rea III
,k.h~wn;t;~~:;'tn~ _~~:be the person whose name is subscribed to the within
~~~~~m~nt a~~~be attorney in fact. of BEATRICE REA OLIVER, and acknowledgE
to'~~~.~~. t..'..... he" subscr ibed the name Of. BEATRICE REA OLIVER there~ ~
principa.~~nd his own name as attorney in fact. ~L.,udYl -r;~
lqO'I'AIt~.L. ~
STATE OF .:::ALIFORNIA
COUNTY OF SANTA CLARA
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On this 16th day of October, 1961, Defore me, Sydney S. Johnson,
a notary public, personally appeared G. B. Carr, known to me to be tile
person whose name is subscribed to the within instrument as a subscribl!lg
witness tLereto, who being by me duly sworn, deposed and said that he
resides in the said County of Santa Clara, State of California, that he
was present and saw Dixie Lee Rea, personally known to him to be the same
person described in and whose name is subscribed to the within instrument
a. a party thereto, sign and execute the same. and that he, the affiant,
\li~"~~;i.~.nd there subscribed his name to said i rument as a . t,;nLjes.b.
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"- Y S. Johnson
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Boox:];J:3Z r';GE "/4f)
RESOLUTION NO. 651
RESOLUTION ACCEPTING DEED
IE IT RESOLVED that the CITY OF II LROY does hereby accept the attached
d.ed dated September 29, 1961, conveying a right of way by DIXIE LEE REA and
lfATRICE RIA OLIVO, formerly llATRICELEE REA. to the CITY OF GILROY over a
strip of land of uniform width of 10.00 feet for the purpose of constructing,
laying. repalr'ng. replacing, and maintaining a sewer line and a temporary
easement over the adjoining 20.00 feet for the Initial construction of said
sewer line, and the City of III roy does hereby consent to the recordat I on of
said d.ed.
~SSED and ADOPTED thIs 16th day of October, 1961. by the following
vote:
AViS:
NOES:
COUNCI.L MEMIERS: Duffln,Jordan.Petersen.tuartlroll, and
Sanchez.
COUNCIL "EHlERS: None
ABSENT: COUNCI L MIMIERS: Goodrich and Wentworth
APPROVED:
slg SANCHEZ
Mayor
ATTEST:
BOOX:jJ:]{ P.4GE'7 -1 'I
SUSANNE E. PAYNE
City tl.rk
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I, SUSANNE E. PAYNE, the undersigned, City CI.rk of the CIty of Gilroy,
do hereby certify the foregoing to be a full true and correct copy of a resolu-
tion Uftanlmously adopted at a regular meeting of the Council of the City of
Gilroy, duly held on the 1~ day of October. 1961. at which a quor..,lWd p',esent.
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IN WITNESS WHUEOF I h.ve hereunto set my hand .nd flx../,tJt~.ff.t'cl.lr;.(j
Seal of the City of Gilroy this 17th day of ~tober. 1961. .';/Z;9 ' . , ?
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'City Clerk 0 the Cty,'
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