Milne, A.
THIS AGREER~NT, Made the
J
3 / -~ day of' August 1914,
between A. Milne, of the County of Santa Clara, state of Calif-
ornia, the party of' t.he first part, and the Oity of Gilroy, a
Kunici~al corporation, the party of the seoond part,
WITNESSETH:
Tl1at the said party of the first part for and in oon-
sideration of the sum of Ten Dollars to him in hand paid by the
said party of the second part, and in consideration of the
oovenants and 8gl'eemenis heroinafter oontained, does grant unto
the Raid party of the second part the right to enter on the land
of the party of the first part on the Northerly side of the
BOdfish Mill Road, 1n the county Of Santa Clara, state of Oalif-
ornia, for the purpose of baring or digging a well or wells to
be used for furnishing ''rater to the inhabi tanta of the 01 ty of
Gilroy, said wells to be bored or dug in the southea~terly part
of the land above described in or near the old ohannel of the
Uvas Creek.
It is understoc<..l t11at if any well or wells dug or bored by
the said ~arty of the second part be a failure for the reason
that al~fioient water for the purpose intended be not seoured,
and said well or wells be abandoned by the said party of the
second part, it will at the request of the said party of the
first part, or his heirs or assigns, leave the casing or ourbing
in at least one of said wells and not remove or withdraw the
same.
If the well or wella dug or bored by the said party of the
second part be a success f'Ol~ the purpose intended and be main-
tained by the Oi ty of Gilroy for the purpose of furnishing wa tar
.
to the inha'binants of' the Oi ty of Gilroy, the Oi ty of Gilroy
shall have the right to the water in said wells and the right
of entry on the premises hereinbefore described for the purpose
i
Of maintaining said wells and the right of esta.blishing and
maintaining a pumping station thereon for the period Of twenty-
five years from date hereOf, and in consideration thereof the
party &tf' the second part agrees to pay the said party of the
first part, his heirs or assigns, the sum of Fifteen Dollars
per year as rental, and in 1I1l1JUIi:lbxattu addition thereto, the
said party of the first part, if he so desires shall have the
right to use the pumping plant of the said party of the secOnd
part at any time when the same is not being used by the said
party of the second part, :for the purpose of pumping water f:rom
said wells for irrigating the lands of the said party of the
first part, and in addition thereto if the water ~hen pumped
.
f"rom said wella into the flume by the party of the seoond part
leading from the dam on the Uvas Creek to the reservoir, baok
UP in the said tllume so that it can be used by the said party
or the :first part for domestic purposes and for watering his
stock he shall have the right to use said 'Tater for such purpose~
and in the la tar event the s8id party of the second part will
"
canstruot a check valve or gate in the flume above described ~~
a point between the dwelling of the party of the first part and
the trestle across ~ ravine next North thereof.
The said party of the second part agrees to maintain gates
and keep them closed at the points where it wnters the premises
of the party of the first part, and the city of Gilroy will be
liable and does hereby promise to pay all damage that may happen
to any stock or animals of the party Of the first part or his
heirs or assigns by reason of aby machinery, well or pit of the
said party of th~ first part or by reason of any eleotric power
t1n8.
If the pumping of the water from any well or wells of the
party Of the second part should lower the water or dra1n the
.
well now used by William Milne, son of the party of the first
part, 80 that he oannot obtain sufficient water therefrom for
domestic purposes and for stook, the party of the seoond part
must either sink the well of' the said Williar'l Milne to a depth
surficient to furnish him with water, or 1 t must pipe water from
its plant to the tank of' the said William Milne so that he will
have water :from the plant of the party off the second part when
the same i8 being operated by the said party of the seonnd P8.rt.
It is understood that at the expiration of' said twentY-five
years during which the said party o:f. the second part may exercise
the right of' pltmping said water it shall have the right to remove
its pumping plant and machinery from the premises of' the said
party of the first part, and should it do so it must remove all
debris from the premises and leave the same in good condition.
III WITNESS VlHEREOJi', the said party Of' the first part has
hereunto 8ubscribed his name, and the party of the second part
has caused ita oorporate name to be hereto subscribed and its
corporate seal to be hereto affixed by Geo. A. Wentz, its Mayor,
and E. F. Rogers, its Olerk, the day and year herein first
wri tten.
tZ4~~ /l2~~
Attest:
/;2/i12r;,
City Cl k.
State of California,
County of Santa Clara.
fSS. J
t: ' ON THIS.........S/...::-:-:-.............day Of.~.~7...~...... in the
year One Thousand Nine Hundred a ..... -::!iiii before me, WALTER G. FITZGERALD, a Notary Public in and for said
County of Santa Clara, residing the in, duly commissioned and sworn, personally appeared............................. .......................
../Jy;;~.....
.....~~...:..~.:~::~:~:~...:s...:.:...........:...:,.:.:......:...::::.
known to me to be the person.........described in, whose name.....;Y.~4/.......subscribed
to and who executed the annexed instrument, and .....he..... acknowledged to me that
.....he..... executed the same................................ ......................................................
and y official seal.
State of Californ. ia,. }
CQunty of. Santa Clara, 55.
ON THIS._.._..._...Z..._J.... ....day Of~~~~_~~__. in the
year One Thoulland Nine Hundred an . ....... ..before me. WALTER G. FIrZGERALDi!.... Notary Public in and for said
Couoty of Santa Clara, ~d~ t~:r:n, duly commissioned and sworn per o'lally appeare~......~....H!..<~.~..~_....._....._..................
_...~......_..L"2.~7...":;=.n............known to me to be th~_.... _.. .._ ................._~........~_..~_.._.._--_.-
~.......~.......~..~_..__~......_~ . _...._._....._.___..............___..___........__....__..._.......___........................._...the corporation
described in and that executed the within instrul1ent, d also known t e to be the person~who executed it on behalf of
the corporation therein named and. i:-he.~.acknOWledged to me that such corporation executed the same,
IN WITNESS WHF.REOF, I have hereunto set hand and affixed my official seal,
at my office in the ~~~~..,...... _ ....,n year last aboy. written.
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