Resolution 965
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RESOLUTION NO. 965
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ACCEPTING CONDITIONS SET FORTH IN DEED FROM SAN
MARTIN VINEYARDS CO., TO CITY OF GILROY t RECONVEYING
A RIGHT-OF-WAY TO THE CITY OF GILROY
WHEREAS, the City of Gilroy requires a right-of-way over the
premises hereinafter described belonging to San Martin Vineyards
Co., a co-partnership composed of K. J. Fil~ce, John M. Filice,
P. C. Filice, Pasquale Lico and Frank C. Filice; and
WHEREAS, the said premises hereinbefore mentioned as described
in said conveyance are located in the County of Santa Clara, State
of California, and more particularly described as follows, to wit:
Parcel One:
A strip of land 20.00 feet in width, the northerly line of
which is described as follows: "Beginning at a point that
is N. 00 491 30" E. 5.00 feet from the northwesterly corner
of that certain 11.285 acre parcel of land as described in
the Final Order of Condemnation entered in the Superior
Court of the State of California, in and for the County of
Santa Clara, entitled "Gilroy School District of Santa Clara
County, Plaintiff, vs. San Martin Vineyards Co., a co-part-
nership, et al, defendants, Case No. 116021, a certified
copy of said order being filed for record on August 24, 1960
in Volume 4896 at page 254 of the Official Records of Santa
Clara County, and running thence N. 890 10' 30" W. 2160.05
feet, more or less, to a point in the westerly line of that
certain 157.788 acre parcel of land as described in the Deed
to the San Martin Vineyards Company by Deed recorded in Book
2627 at page 2l5, Official Records of Santa Clara County,
distant thereon N. 150 451 E. 888.33 feet from the south-
westerly corner thereof," and also
Pal!'eel Two:
A strip of land 5.00 feet in width, the southerly line of
which is described as follows: BEGINNING at the northwesterly
corner of said 11.285 acre parcel and running thence along the
northerly line thereof S. 890 131 30" E. 146.64 feet; thence
along a curve to the left with a radius of 1000.00 feet, through
a central angle of 180 321 30" for a distance of 323.76 feet
to the southeasterly corner of Tract No. 2012, "Castlewood
Park, Unit No.4" as shown on the map thereof filed for record
in Book 136 of Maps at page 21, Santa Clara County Records."
and
WHEREAS, the said named owners are willing to grant the right-
of-way to the said City of Gilroy under the following conditions:
1. That the San Martin Vineyards Co. may continue to
extend irrigation lines under, above and across the
above described easement, provided, however, that these
irrigation lines extension shall not be construed to
require the relocation of any utility lines placed
within said easement by the City of Gilroy.
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2. The City of Gilroy agrees to complete the work of
installing any utility line within said easements as
expediously as reasonable and in a workmanshiplike
manner. Any damages resulting to the San Martin Vine-
yards Co. lands and trees adjacent to the easement
described herein, as a result of the City of Gilroy.s
works of installing a waterline under this grant of
easement shall be repaired, replaced or compensated
for by the City of Gilroy. City shall attempt to
replace the lands within the easement area to reasonably
the same condition as said lands existed prior to City
entry.
3. The City of Gilroy will install and maintain a waterline
within said easement at no cost or expense to the San
Martin Vineyards Co. except the sum of $2.50 per front
foot of any future subdivision on the lands of the San
Martin Vineyards Co. adjacent to said easement, the
City of Gilroyts on-site area water fees, and any meter
installations required shall be paid if and when San
Martin Vineyard Co.ts lands, through which said waterline
extends, are subdivided in accordance with the ordinances,
resolutions and standards adopted by the City of Gilroy
or its legislative body.
and
WHEREAS, the City of Gilroy is willing to accept the said
conveyance subject to the said conditions,
NOW THEREFORE, BE IT RESOLVED that the City of Gilroy shall
and does hereby accept the conveyance of the premises hereinbefore
mentioned and described in the said conveyance which is dated the 28th
day of July, 1965, subject to the conditions hereinbefore set forth;
AND BE IT FURTHER RESOLVED that the said Deed containing the
said conditions be recorded as soon as the same has been received by
the City of Gilroy.
PASSED AND ADOPTED this 20th day of September, 1965, by the
following vote:
AYES:
COUNCILMEMBERS Allemand, Eckard, Goodrich,
Quartiroli, Wentworth and Petersen.
NOES:
COUNCILMEMBERS None.
ABSENT:
COUNCILMEMBERS Duffin.
AT'rEST~' ~~ ;;
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City Clerk
APPROVED/ /'
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Mayor
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SUSANNE E. PAYNE
, City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 965
is an original resolution, duly adopted by the Council of the
City of Gilroy at a regular meeting of said Council held on the
20th
day of
September
, 1965. at which meeting
-
a quorum was present.
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><,..U.. U"Y T,(,JI:/
City Clerk of the City of Gilr