Resolution 469
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.R .I ~ .Q 1. Y I 1 .Q 1i l!.Q. 469
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WHEREAS, the City of Gilroy, in a deed from John F. Ung1iSh
and Celia E. Ung1ish, dated March 12, 1896 and recorded May 26,
1896 in Book 190 of deeds, at page 147, in the office of the County
Recorder of Santa Clara County, obtained a perpetual right to empty
all waste waters from the Gilroy city reservoir and flume on or ~
upon the premises described in the SJlid deed; and
WHEREAS the following described premises which are a part of
the said premises described in the aforementioned deed from John
P. Unglieh and Celia E. Unglish to the City of Gi~roy now belonging
to and owned by the San Jose Abstract & Title Insurance Company, a
corporation:
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All that certain parcel of~land situate in the
County of Santa Clara, State of California,
described as follows:
Being a portion of the RaT'.cho S('lis, as patented,
and being more particularly described as follows:
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Beginning at an iron pipe in the fence line of
the Northeasterly bank of the Uvas Creek at the
intersection of the SouthwesterlY line of the
land of F. L. Bonito as described in Deed recorded
in Book 534 of Deeds, at Page 549, Records of
Santa Clara County, with the line common to the
lands now or formerly of Ousley and the Blanchard
Esta te, from which a 4" x If.n pos tat the inter-
section of said Ousley-Blanchard line with the
line Common to the Solis and Las Animas Ranchos
bears S. 0" 20' ". 1668.61 feet, and running thence
along the line common to Bonito and Ousley S. 71019'
E. 189.92 feet to an iron pipe; thence N. 89003' E.
172.59 feet to an iron pipe; thence S. 81019'E. 398.~
feet to an iron pipe: th~nce leaving said line and
running across the land of Bonito and ~ng the
Westerly bank of a drainage ditch of the City of
Gilroy N. 0047'W. 589.10 feet to an iron pipe; thence
N. 500 02' E. 25.01 feet tc an iron pipe; thence N.
0058'w. 295.75 feet to an iron spike in the centerline
of the Hecker ;'-ass Highway; thence along the centerline
of said Highway S. 85. 38' W. (Basis of Bearings)
1337.10 feet to a buried granite monument at Station
131 plus 57.60~ the County Surveyors Survey of said
Highway; thence continuing on last course ~. 850 38t
w. 75.60 feet to a point on the Northeasterly bank ot
the UvaR Cre~k; thence along said bank S. }l. 26' E.
579.59 feet to a 24" d1a. Sycamore tree blazed on the
ri('lrthwe st and Sl"'uthea st face s; thence S. 49" 20'.JO" E.
98.97 feet to a spike in the crotch of a 4 prong white
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oak to.e 5 feet in diameter at the base, thence
s. 67 23' E. 301.93 feet to the point of beginning,
and containing therein a gross area of 21.025
acres of land, more or less,
said premises formerly belonging to F. L. Bonito and Lucy Bonito,
his wife, and
WHEREAS, the City of Gilroy has never utilized the right
given in the said deed from John P. Unglish and Celia E. Unglish
to the said City to empty waste water from the Gilroy City
reservoir, and does not now claim any right to empty the waste
water upon the said land hereinabove described now belonging to
,
and standing in the name of the San Jose Abstract & Title Insurance
Company, a corporation, and does not intend to empty any waste
water upon the said premises, and
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WHEREAS, the said right given to the City of Gilroy to empty
waste water from the said reservoir and flume a. given in the afore-
nentioned deed from John F. Unglish and Celia E. Unglish constitutes
a cloud upon the title of the premises described in the said deed,
and application has been made to the City of Gilroy that it waive
any right given in the said deed insofar as the premises hereinbefore
described belonging to the said San Jose Abstract & Title Insurance
Company, a corporation, are concerned and free the property from the
said cloud, and there is no valid reason for the said City of Gilroy
to retain such right, but on the contrary it is willing to waive it:
NOW, THEREFORE, be it resolved that the said City of Gilroy
does hereby renounce and waive the right to empty all or any waste
water from the Gilroy City water reservoir and flume over and upon
the said premises hereinbefore described now standing in the name
of the San Jose Abstract & Title Insurance Company, a corporation,
and be it further resolved that the Mayor of the City of Gilroy
be, and he is hereby, authorized to execute on behalf of the City
a quit claim deed or any other document necessary to free the
property from the aforementioned cloud.
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ADOPTED and PASSED this
/~1 day Of~, 1959, by
the following votes:
AYES t
NOES,
Councilmen Pate,Rush,Petersen,Wentworth,
Gallo, and Sanchez.
Counc ilmen None
ABSENr:
Councilmen None
Approved:
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Attest:
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City Clerk
I hereby certify that the foregoing Resolution was adopted by the
Common Council of the City
held on the
19th day of
~,G~~~OY at a
''''7' 19S9,
regular meeting thereof
at which meeting a quorum
was present.
'" \:...1'1..5 (ifei ., '-
G. B. Carr, City Clerk
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