Serafin, Frank and Camille
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RESOLUTION APPROVING PROPOSED AGREEMENT BETWEEN THE CITY OF
GILROY AND FRANK SERAFIN AND CAMILLE SERAFIN RELATING TO
EASE~mNT FOR PIPELINE.
HE30LUTION
515
Be it resolved by the Common Council of the City of Gilroy
that it does hereby approve that certain agreement proposed to be
made between the City of Gilroy and Frank Serafin and Camille
Serafin now presented to the said Common Council, for approval.
Said agreement relating to the conveyance to the City of Gilroy
for a right-of-way for a pipeline, and the payment by the City of
Gilroy of the sum of $1,000.00 and such damages which may be
caused the said Frank Serafin and Camille Serafin because of the
use of the right-of-way land for pipeline purposes.
Be it further resolved that the Mayor of the City of Gilroy
be, and he is hereby authorized to execute the said agreement on
behalf of the City of Gilroy, and upon the execution of said
agreement by both parties, the proper authorities of the City of
Gilroy are directed to cause to be paid to the said Frank Serafin
and Camille Serafin the sum of $1,000.00 in accordance with the
provisions of the aforesaid agreement.
PASSED AND ADOPTED this 15th day of June, 1959, by the fol-
lowing vote:
AYES:
NOES:
ABSENT:
COUNCILMEN Pate, Rush, Petersen, Wentworth, Gallo,
Jordan
com~CI LMEN None
COUNCI LMEN None
APPROVED:
ATTEST:
:3i P" San che'7,
Mayor
G. R. Car~r
City Clerk
I, G. B. CARR, the City Clerk of the City of Gilroy do hereby
certify that the annexed copy of Resolution 515 has been compared
\ by me with, and is a full, true and correct copy of the whole of
" such Resolution duly adopted at and appearing among the official
\. minutes of a regular meeting of the Common Council of the City of
//Gilroy, held on the 15th day of June, 1959, at which a quorum was
~ present. .
I. t' .'
t...../ ,J l.. ({ I. L .'
City Clerk of the City of Gilroy,
County of Santa Clara, State of
California.
;.; ',' :~ /.156 P~Gf
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AGREEMENT
'aU
This Agreement; made this ~~ day of June1 1959; by
and between FRANK SERAFIN and CAMILLE SERAFIN; parties of the first
partg and the CITY OF GILROY; a Municipal corporation; party of the
second part,
WITNESSETH:
That the parties of the first part for and in consider-
ation of the payment to them of the sum of $1;000 and upon the
terms and conditions hereinafter set forth, for the purpose of
enabling the second party to lay; construct; and thereafter main-
tain and replace as necessary, a thirty-inch pipeline for the
transportation of industrial waste from the City of GilroYr do
hereby agree to sell and convey to the party of the second part
a perpetual right-of-way or easement over, in; across and through
the following described premises located in the Ullnty of Santa
Claral state of Californiat to wit:
A strip of land of a uniform width of 12 feet and being
the westerly 12 feet of the following described parcel
of land situated in the Rancho San Ysidro (John Gilroy);
to wit:
"BEGINNING at the most southerly corner of that certain
3.34 acre tract of land conveyed by Michael Mondelli~
et UX, to Geoo E. Clausen, et UX1 by deed recorded in
Volume 1029 of Official Records at page 41, said point
of beginning being also in the southeasterly line of
Lot 6 of the "Elizabeth Ho Martin Tract" as shown on
the map thereof recorded in Book "F" of Maps at page
'3 t Records of Santa Clara County, and running thence
along said southeasterly line of Lot 6 S. 51 15[ Wo
138057 feet; thence N. 150 48' 20" Wo 262089 feet;
thence along a curve to the right tangent to the last
mentioned line with a radius of 543.00 feet, through a
central angle of 120 29[ for a distance of 118.31 feet;
thence tangentially N. 30 191 20" W. 186019 feet to a
point in the southerly line of the Pacheco Pass Highway
(IV-SCl-32A); thence along said southerly line
s. 800 06a 50" Eo 38038 feet to the intersection thereof
with the westerly line of said 3.24 acre parcel of land
conveyed to Clausen; thence along said westerly line
So 60 301 Wo 135000 feet; S. 400 40a Eo 162076 feetr
and S. 210 45a Eo 220.00 feet to the point of beginningl
and CONTAINING 'I'HEREIN 0,732 acre of land, more or lesso"
TOGETHER with the necessary working space adjoining the
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easterly line of the said 12 feet strip of land for
the movement and operation of men and equipment during the
initial construction and laying of the said pipeline and
for the necessary repairr maintenance and replacement
thereaftero
The party of the second part agrees to purchase the
said easement and right-of-way and to pay therefor the said sum
of $1~000 in current and lawful money of the United states of
America, upon the execution of a conveyance conveying title to
the aforesaid easement and right-of-way to the party of the
second partr free and clear of encumbrances.
It is understood and agreed that the party of the
second part will pay to the parties of the first part all damage
to crops growing upon the easement land during the year 1959 and
for damage to any other crops caused by or resulting from the original
construction and/or installation of the aforesaid pipeline of the
party of the second part, or thereafter caused by or resulting from
the maintenance, repair and/or replacing of said pipelineo
Party of the second part further agrees that in the, lay-
ing, construction and installation of the pipeline and any subse-
quent repairs, maintenance or replacement thereofr it will avoid
as far as is reasonably possible the flying of dust so as to damage
adjoining cropso
The damage to crops arising out of the operation of
the party of the second part shall include crops damaged because
of the inability of the parties of the first part to irrigate
crops by reason of the second party[s operationso
It is agreed that the party of the second part, in the
laying of its pipeline and thereafter in its maintenance thereof,
will fill the trench into vvhich the pipeline is laid so that when the
replaced earth is settled, it will be of the same level as the
adjacent undisturbed soil.
It is underEtood that any damages for which the defendant
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liabt~ jri\~~ ~~~ P~~visions of this agreement shall be paid
to the parties of the first part as soon as the amount thereof
is determinedo
In the event there is any dispute between the
parties of this agreement as to the amount of damage or the
cause thereof! the same shall be submitted to arbitrationo Each
of the parties hereto shall select an arbitrator and if they cannot
agree, they shall select a third arbitrator~ and the agreement of
any two of the three arbitrators shall be binding upon the parties
of this agreement 0
It is understood that upon the execution of this
agreement the aforesaid easement shall be forthwith conveyed to
the city of Gilroy free and clear of encumbrances and upon such
conveyance the said sum of $1~000 shall be paid to the parties
of the first part.
It is also understood that this agreement shall bind
the heirs; successors and administrators and executors of the
parties of the first part and each of theffio
IN WITNESS WHEREOF we have hereunto set our hands
and seals this 11i~ day of June1 19590
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Party of the Second Part
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~:~ ~~iaa..a, J... ON THIsL2cf".n.u day 01 m~....u... in the
year One Thousand Nine Hundred and ~-n~~'.~...' before me, SYDN~~'~::~~N. a Notary
Public in and for said 'County of Santa Clara, r.fs'idfng- 'therein, duly commissioned and sworn personally appeared
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:~~'," ,'.,' "",:,c-~nown to me to be the person.5..n.. described in. whose name..sh__n~m subscribed
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" . . :'t?:, and who executed the annexed instrumen~, and --...:theY-.nn acknowledged to me
.~,t~at ____..:theyu.u. executed the same, ____.__unummh__..__.nunuu...__......mmu.____nnn..__nU..n
;: 'JNWITNESS WHEREOF I have hereu to set my hand an~ affixed my official seal,
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My Comm'"ion oxpi", ~ t; If iPtJ iu and f>'--;hicoun~Oof :'~ta c'i.~~~ State of Calif>,nia.