Resolution 1922/06/05
By motion of A. W. Brown seconded by F,. J. Chesbro the
rollowing Resolution was ordered adopted:
BE IT nBS()INr:n ny the ~,Iayor amI Common council of'
Gilroy, that the City of ralroy enter into the agreement with
Minnie A. Kell and Thomas P. Kell, her husband, hereinafter eet
f'orth, and that James Princevalle, 'fayor of' the City of Gilroy,
,and. E. F. Rogers, City Clerk, lJe and they are hereby authorized
and directed to execute said agreement on behalf of said City of
Gilroy, and as its act and deed.
The agreement which said Ma~TOr and City Clerk are here
by authorized to execute on behalf of' the City of Gilroy is fully
set forth as follows:
THIS AGHEEMT~NT, Made and entered into this 29th day or
~lay, A. D. 1922, by ana becween the Ci t~r or Gill"o3', a municipal
corporation, party of the first part, and Minnie A. rrell and
Thomas P. Kell, her husband, parties of the second part,
WIT N E S S rn T H :
That, whereas, plaintiff', ,vs. Thomas P. Kell and ~Iinnie
A. Kell, his wife, No. 25100, instituted in the Superior Court of
the State or California, in and for the County of Santa Clarf.,
certain Findings of Fact amI Conclusions of Law were filet' there-
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in on July 11th, 1921, and on July 11t}l, 1921, a decree or judg-
ment was entered in said action; and
Whereas, an appeal has been taken by saiel clef e ncl an ts to
the Supreme Court of the State of California;
NOW, THEHEli'OHE, it is hereby agreed 1JY amI 1Jetween the
parties hereto as follows, to-wit:
I.
Said parties of the second part agree to dismiss said
appeal forthwith.
II.
That the party of the first part may extenrl and malmtain
the 'Westerly encl of the so-called "upper dam" with concrete, re-
enforced if necessary, ill a direction towards the Uvas Road, said
extension to be on a level with the top of the present upper darn
and to reach the bank or banks of said stream, so as to prevent
waters from rlowing around the saJ:1e--said extension to be the same
width anci measurments as the said upper darn as now constructed.
III.
It is agreed and lmderstood that said parties or tbe
seconcl part shall have the right to construct a srrmll claM wibh
necessary I'il tor about fonr hundred (400) or' fivc hllnclr'ccl (li0f')
feet above said upper clam; said clam to he constructed so as to
provide not more than a six (e) inch pressure for a two inch pipe;
said two inch pipe to be carriecl down stream ancl on the outer
edge or the spillway near the South corner thereof'; said two inch
pipe to connect with a ran immediately below the upper clam ofsaicl
party of the fmrst part which ran shall l)e connectecl wi th a 'Pipe
not to exceed one inch in cliameter; saiel two inch pipe to be used
in connection with said ram at all times and not otherwise, it
being the intention of the parties hereto that said nartv of the
1 t,
second part shall be filrnished with water to be carried in a one
inch pipe and to be used hy him fOl~ any pm~r)08e that he desires.
Saiel slflall dam referrecl to in this paragraph shall be
so constructed that all water not going into said two inch pipe
shall pass over said dam and down stream into the npper claM of the
party of the :first part herein.
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IV.
Said parties of the second part agree to cover with
gravel said two inch pipe line froB said upper <lam to said small
dam whereever possible and to cover the sarle irmnediately after its
construction. V.
It is agreed and understood that said party of the first
part shall have the right to temporarily remove said two inch pipe
line at any time for the purpose of },laking any necessary repairs
to its upper clam or forebay or water worl{s and that it shall re-
place the santo as soon as pOssilJle after said repairs, all at
its own expense.
VI.
Also it its agreed ancl unclerstoocl that said parties of the
second part shall construct their small clam amI two inch pipe line
at thtir own expense and under the supervision of and to the
satisfaction or the City Engineer of said party of the first part;
amI it is rurther agreed that said parties of the second part shall
give three days written notice to the City Engineer of the partJT
of the first part of any intended repairs to said small dam or
two inch pipe line and taht said repairs shall be made under the
supervision of and to the satisfaction of said City Engineer.
VII.
It is also unclerstnod and agreecl that nothing in the
jmlgplent in the case hereinberore referrecl to shall be taken br
interpretecl to mean that the City of Gilroy can ever in the future
at any time take from the Uvas Creek any more water than the amount
that it is possible to divert from said stl"eaJYI undel' the present
system; and by present system i6 meant the sixe and location of
the present pipe line from the reservoir to the uppel' darn, and
the upper dam as newly constructed pursuant to the finc1in~s of
the Court in the said action above referl'ed to.
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IN WITNESS WIIEREOF, the said parties of the second part
have herelmto set their hands, and the City of Gilroy, party of
- the first part, has hereunto, by resolution of its common council
causecI its name to be hereunto sU1Jscri becl l)y i ts ~layor, and its
seal to be hereunto affixf~d llY its Clerk, on the day ancI year
first hereinberore set fOl'th.
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Co.
Vote, Ayes, Counci~men B. .T. Chesbro, C. C. Lester, A. W. Drown, ~
Wm. Radtke, Geral(l IIeclccr, Chas. 'IT. Schcne 1 ;
Noes, CouncilPJen None; Absent Connci ll'leJl None.
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