Resolution 1463
"oIItIf!IA''''
RESOLUTfON NO. 1463
RESOLUTION OF THE CITY COUNCIL OF GILROY AUTHORIZING THE GRANTING OF A
MODIFIED EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY FOR THE TOWER LINE
AT THE C [TY S EWER FARM.
WHEREAS, it is necessary to relocate an existing tower in the
vicinity of the northwest corner of the City of Gilroy Sewer Farm on
Luchessa Avenue and said relocation is required in order to raise the
existing power lines and;
WHEREAS, said relocation does require a modified easement from
the City of Gilroy to the Pacific Gas and Electric Company, and said
modified easement is attached as Exhibit "A", and;
WHEREAS, the City of Gilroy has no objections to said reloca-
tion and will receive benefit in terms of wire clearance;
NOW, THEREFORE, the City Council of the City of Gilroy does
hereby authorize the granting of said modified easement and does hereby
authorize the City Administrator to sign on its behalf.
PASSED AND ADOPTED this 20th day of Apri 1, 1970, by the follow-
ing vote:
NO ES :
COUNCIL MEMBERS: Batrez, Kennedy, Pate, Wentworth, and
Duffin.
COUNCIL MEMBERS: None
AYES :
ABS ENT:
COUNCIL MEMBERS: Silva and Goodrich.
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APPROVED:
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ATTEST:
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City Clerk
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EXHIBIT "A"
3003-4677
AFTER RECORDING, RETURN TO:
FOR RECORDER t S USE ONLY
RIGHT OF ~'1AY AGREEHENT
THIS AGREEMENT is made by and between the CITY OF GILROY, a municipal
corporation of the State of California, hereinafter called first party,
and PACIFIC GAS M1D ELECTRICCOl1PANY, a California corporation, hereinafter
called second party, for the purpose of changing a portion of the route of
the line of towers which is the center line of the right of way and easement
described and designated b under 1 in the deed from Las Animas and San
Joaquin Land Company, Incorporated, and Henry Miller to Sierra and San
Francisco Power Company, predecessor in interest of second party, dated
August 15, 1912 and recorded in the office of the County Recorder of the
County of Santa Clara, State of California, in Book 393 of Deeds at page
65, under and by virtue of which second party is the owner of certain
rights in, on, over, and across the lands described in said deed dated
August 15, 1912 which include the lands of first party, situate in said
County of Santa Clara, described as follows:
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Lot 51 of the Las Animas Rancho, situate in the City of Gilroy,
as set forth in said deed dated August 15, 1912.
NOW, TtffiREFORE, the parties hereto agree that the;route of the line of
towers across said Lot 51 is changed to and included in the description of
the center line of said right of way and easement designatedb under 1 as
follows:
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b. Lots Nos. 51, 48, 44, 43, 40 and a part of Lot No. 47 of the
Las Animas Rancho; that the said transmission line to be constructed
on said land is more particularly described as follows: Beginning
at a point on the southeasterly boundary of Lot 51 of the Las Animas
Rancho wrance the southwest corner of said Lot No. 51 bears S54054'W.
a distance of 10 feet (more or less), running thence N. ~20 12' W. a
distance of 1,276 feet (more or less), thence N.32020'W. a distance
of 756 feet (more or less), thence N. 330 27' W. a distance of 721
feet (more or less), thence N. 310 59' H. a distance of 1,619 feet
(more or less), thence N. 310 56' H. a distance of 8,365 feet (more or
less), thence N. 490 13' W. a distance of 575 feet (more or less), to
the northerly boundary of the Las Animas Rancho Lot No. 40, as shown
on Exhibit B, Blue Print No. S-73l-C, hereunto attached, hereby referred
to and made a part hereof; it being understood however that Tower No.
15-32+04 shOvnl upon said blue print between the lands of Richard BreID
and F. L. and Eliza Shepard shall span the said lane and that each leg
of said tower shall be outside of said lane, and said tower shall be so
constructed as to give a clear height over said lane of twenty feet,
and the sag of the transmission line and telephone line supported by
said tower shall in no place be less than twenty-five feet above the
ground over said lane.
As so modified the rights in, on, over, and across said lands granted by
said deed dated August 15, 1912 are hereby confirmed in second party on the
terms and conditions therein set forth.
Except as eA-pressly set forth herein, this agreenlent shall not in any
way alter, modify, or terminate any provision of said deed dated August 15,
1912.
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This agreement shall inure to the benefit of and bind the successors and
assigns of the respective parties hereto.
IN WITNESS W'.:lEREOF the parties hereto have executed this agreement in
duplicate this
20th
, 19 70
.
Apri 1
day of
CITY OF GILROY
By'
Its Yd#6t/ City Administrator
Attest
City Clerk
PACIFIC GAS AND ELECTRIC COMPANY
By'
}~nager~ Land Department
San Jose
ED 2998
Dwg. 305253
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M.D.B.lir H.
Section 9
SE-l/4 of SW-l/4
SH-l/4 of SE-l/4
Section 16
NE-l/4 of NW-l/4
NW-l/4 of NE-l/4
70-030
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Prepared -//(,10
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 1463 is an original
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the
19~, at which meeting a quorum was present.
20thdayof April
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 21st day of April
19 ~.
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,City Clerk of the City of Gilroy ,
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