Fillippelli, Andrew, et al
<t
~~
'!?~~U
J~CWif'~"(;
/1 '-/"f,
I '-...'
EASEMENT
"
BOOK 7LJ25 i'.\er 111
Document No, 67-2
dd18','73
ANDREW FILLIPPELLI, VIVIAN FILLIPPELLI, His Wife, and PETER FILLIPPELLI,
GRANT to the City of Gilroy, A Municipal Corporation, an Easement for Sewer
Purposes upon, over and across that certain real property in the City of Gilroy,
County of Santa Clara, State of California, described as follows:
BEING a portion of Lots 29 and 30 as shown on "Map of Henry
Mill er1 s Subd i vis i on of Ranch Lot No. 2311 as shown on Map
thereof filed for Record in Book "H" of Maps at page 5, Records
of Santa Clara County, California, and being an easement for
the installation, maintenance and operation of underground
sewer utilities under, over, on and across a strip of land
15.00 feet in width, the centerline of which is more particu-
larly described as follows:
l
"BEGINNING at a point in the westerly line of that
certain parcel of land conveyed to Andrew Fillippelli
by Decree of Distribution recorded in the Office of
the Recorder of Santa Clara County, File No. 859188,
distant thereon S. 40591W. 158.38 feet from the north-
westerly corner thereof, and running thence S. 880581E.
448.57 feet, more or less, to a point in the easterly
line of said Parcel distant thereon S. 30331W.
158.16 feet from the northeasterly corner thereof,
and also,
TOGETHER WITH temporary right of way for construction
purposes over, on and across a strip of land 15.00 feet
in width, the southerly line of which is the northerly
line of the above described easement and extending the
full length thereofll.
Dated th is ,1. Ih)
1',,' ,
f'/ " 'j',.../ ','
day of d" t~ vf-' ;(-tL/ ,
Signed and delivered in the presence of
tc
ACKNOWLEDGMENT OF GRANTOR
)Mt Commission expires:
f/1~' (J
(, 'l. 51
STATE OF CALIFORNIA, County of Santa Clara: ss.
On th i s:;2,-J day of ~/~"", i I") the year one thousand n'j'ne hundred
and/uf'iq /l-i:.{,..1"i-v , before me.'~J<.i.t1 S ;.~i<P~lIa Notary Pub 1 i c in and for the sa i d
County and, S;~terzres}ding t~_~r,e~n, d,UV!,y", .~omm.,i.~s,,~o~ed ~~d swor'1J ,perr;on,,!l),y I:'
appearedCC'Ld>U4r' 1.frvd./i/:.;,.d4.-,. {/(.f-T.-cUt.- f~.{f{NOl.Lt:tL' 1'-<--1"U?j-f ttzJ r/-tlLv 'l'4L<.-/lfdtL
known to me to be the person described in and whose name
subscribed to the within instrument, and they acknowledge to me that~he.i
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first a~ve written. ,
~/ e?rt.i-.r //1' ./t..-i..v-v---.)
N'otartl/ Pub 1 i c it a~ fnr the County
of Sa~ta Clara, State of California
~,1:r'; !,}tf~i:/"':~~i~,'1"r~fli:ti:""~,,c
"I
I ift, f
'c''.ll,,~;;..,~i.,:''J~
"
,J
.';f; ""f){.;
_.~ !"';'~j:.-:'
,,\if ,,\,<('r""": q.
:h ' , ,'_rl,-," .;,' '._, _'1',F'Ir!!_ .~-'
--1IIiIlltlIII"fi:'~:';';::"~'i" :."."." .\;"$i;'~'i1'!Itl!t~
BOOK 7925 PACE 112
CERTIFICATE OF ACCEPTANCE OF CONVEYANCE TO THE CITY OF GILROY
BY ANDREW FILLIPPELLI, VIVIAN FILLIPPELLI, His Wife and PETER
F I LLI PPELLI .
I, the City Administrator of the City of Gilroy, do hereby
certify that pursuant to the authority given by Resolution No. 944.
adopted by the Council of the City of Gilroy on the 6th day of July,
1965, at a regular meeting of said Council, a certified copy of which
resolution Is on record in the office of the County Recorder of the
County of Santa Clara, State of California, in Book 7027. page 228, I,
as said City Administrator, do hereby accept on behalf of the said;,
I
City the conveyance to the City of Gi Iroy by Andrew Fi 11 ippell i ,Vivian
Fillippelli, His Wife and Peter
I- I III ppelll
conveyance dated the 2nd
of the premises described In the attached
day of
October
1967 d
, an
that the said City of Gilroy consents to the recordation of said con-
veyance.
IN WITNESS WHEREOF, I have hereunto set my hand this 9th
...,
day of November , 1961-.
ijd18rt73
BO,OK-7925 P,~GE 111
f Ilt,O tOR Ht;(;ORO
~,nEQUE T dF
Nov ,fu 20/'lf '67
s OFFIOll\L Kr.: CuRD'"
~~l;~gk~R:oCOUNTY
RECORDE~LE8
--
,1
GILROY, CALIFORNIA
SEPTEMBER 27, 1967
ANDREW FILLIPPELLI, VIVIAN FILLIPPELLI,
His Wife, and PETER FILLIPPELLI, GRANTORS
RIGHT OF WAY CONTRACT - CITY OF GILROY
Document No. 67-2 (Welburn Sewer Easement) in the form of an Easement
Deed, covering the following described property:
BE I NG a port i on of Lots 29 and 30 as shown on 'IMap of Henry
Miller1s Subdivision of Ranch Lot No. 23" as shown on map
thereof f i 1 ed for Record in Book "H11 of Maps at page 5, Records
of Santa Clara County, California, and being an easement for
the installation, maintenance and operation of underground
utilities under, over, on and across a strip of land 15.00
feet in width, the centerline of which is more particularly
described as follows:
"BEGINNING at a point in the westerly line of that
certain parcel of land conveyed to Andrew Fillippelli
by Decree of Distribution recorded in the Office of
the Recorder of Santa Clara County, File No. 859188,
distant thereon S. 40591W. 158.38 feet from the north-
westerly corner thereof, and running thence S. 88058JE.
448.57 feet, more or less, to a point in the easterly
line of said Parcel distant thereon S. 30331W.
158.16 feet from the northeasterly corner thereof,
and also,
TOGETHER WITH temporary right of way for construction
purposes over, on and across a strip of land 15.00 feet
in width, the southerly line of which is the northerly
line of the above described easement and extending the
full length thereofll.
has been executed and delivered to Fred O. Wood, City Administrator of the
City of Gilroy, Cal ifornia.
In consideration of which, and the other considerations hereinafter
set forth, it is mutually agreed as follows:
1. The parties have herein set forth the whole of their agreement. The
performance of this agreement constitutes the entire consideration for said
document and shall relieve the City of all further obligation or claims on
this account, or on account of the location, grade or construction of the
proposed public improvement. This proposed sewer line will be installed at a
depth of five (5) and six (6) feet.
2. The City shall pay the amount of $410.00 for said easement.
3. The City shall pay any crop and improvement damages occuring to
Grantor1s adjacent lands resulting from the actions of City1s contractor 0"
agents during the installation of sewerage facilities within the ~se~etit:~
described above.
4. City hereby warrants that it shall hold G+~s harmless of any
liability occuring as a result of the action of City1s contractor, agent, or
employees.
5. City further agrees that it shall not attach any interest charges
to any future amounts collected from any future developer of Grantor1s adjacent
lands in an effort to recapture the costs to be expended by City for the subject
~'.
" xkxx ~xB~Bxe. xeKex XXMe KXXX he xMx~axxe. a~ a .e~~k xaM~xM~xhe~KeeM
IN WITNESS WHEREOF, the parties have executed this agreement the day
and year first above written.
, ../' ,
(-::(-;~f!tcu; -;-??/e~1'.L{iJa .'
ANPREW FILLIPPELLI .
i ()
[I ; , , '. ' " .'
. ...I- :
'..L--tu-a~, I ~.J tr Al' j.'/) ! (<
VIVIAN FILLIPPELLI, ,Hi!p Wife
1 ~~
/ ~. 7 ;
7;:~1 ,';/' ~</~'
~ETER FILLIP ~I
GRANTORS
CITY OF GILROY, A Municipal Corporation
).;~7 /,' ./ ? .'
''',J, ," .,../~ Y:"h ., '\ ,.,'~
// /7d4~"LY ~,"",d<-<.-c~
, Mayor '
'~ y ,-
/ /' )' I " '-','~ _', > i - _,'
. &' L/j;.;c. Ct'- I .c~1 h<../
City flerk
,}
.-,,'"'
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
GILROY, CALIFORNIA
AUGUST 29, 1969
ANDREW FILLIPPELLI, VIVIAN FILLIPPELLI,
His Wife, and PETER FILLIPPELLI, GRANTORS
CITY OF GILROY, a municipal corporation, GRANTEE
RIGHT OF WAY CONTRACT
Document No. 69-1 (Welburn Water Easement), in the form of an Easement
Deed, is attached hereto and by this specific reference made a part hereof, has
been executed and del ivered to the City of Gilroy, Cal ifornia
In consideration of and mutually agreed as follows:
I. City shall pay grantors $410.00 for the right of way described in the
attached Easement Deed.
2. Said right of way shall be used exclusively for municipal water service
purposes.
3. This agreement and the attached Easement are subject to the Gilroy City
Council1s approval and acceptance at their regular meeting of September 2, 1969.
4. City agrees to complete the installation of its planned water 1 ine with-
in the Easement described in the attached document, within three (3) weeks follow-
ing Council approval as described in paragraph number 3, directly above in this
agreement.
5. City, its contractor or agents, shall not remove or open any fencing
upon Grantor1s lands without first receiving additional approval from Grantors.
6. City hereby warrants that it shall hold Grantors harmless of any
I iabil ity occurring as a result of the action of City1s contractor, agent, or
employees.
7. City further agrees that it shall not attach any interest charges to
any future amounts collected from any future developer of Grantorsl adjacent lands
in an effort to recapture the costs to be expended by City for the subject easement,
8. This proposed water line will be installed at a depth ranging between
four (4) and six (6) feet.
-1-
IN WITNESS WHEREOF, the parties have executed this agreement the day and
year first above written.
Q~'
1?elin ~ ;lDa~jg'
PETER FILLIPpiuLI
GRANTORS
CITY OF GILROY, a municipal corporation
}~r<<e~ ~-c:iac-t?
MAYOR
.,.---
/"
/
_ I.. '....
..>
\<
, i
, J
i i{" " _ / I;",
{
'}
/C I TY CLERK
/
Recommended for Form:
//
, J i7t'(i. t l/ {l/ \1/ I tt r'L,
,,-. ... " ,,",- i /. L~~u""_ i
CITY ATTORNEY
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
-2-
Document No. 69-1
EASEMENT
ANDREW FILLIPPELLI, VIVIAN FILLIPEELLI, His Wife, and PETER FILLIPPELLI,
GRANT to the City of Gilroy, a municipal corporation, an Easement for Sewer
Purposes upon, over, and across that certain real property in the City of Gilroy,
County of Santa Clara, State of Cal ifornia, described as follows:
BEING a portion of Lots 29 and 30 as shown on "Map of Henry Miller1s
Subdivision of Ranch Lot No. 2311 as shown on map thereof filed for
Record in Book "H" of Maps at page 5, Records of Santa Clara County,
Cal ifornia, and being an easement for the installation and maintenance
of underground water utilities under, over, on and across a strip
of land 15.00 feet in width, the centerline of which is more parti-
cularly described as follows:
'IBEGINNING at a point in the westerly I ine of that certain
parcel of land conveyed to Andrew Fillippelli by Decree of
Distribution recoraed in the Office of the Recorder of San-
ta Clara County, File No. 859188, distant thereon S.4059IW.
129.80 feet from the northwesterly corner thereof, and run-
ning thence s.88058IE. 447.85 feet, more or less, to a point
in the easterly I ine of said Parcel distant thereon S.3033IW.
129.68 feet from the northeasterly corner thereof, and also
TOGETHER WITH temporary right of way for construction pur-
poses over, on and across a strip of land 30.00 feet in
width, the centerline of which is the centerline of the
above described easement and extending the full length
thereofll.
Dated this
3rd
day of
September , 1969. f
C:;:~ '~ . (.A.J?flfb:
ANDREW FILLIPPE~"-""""'-"'"
o
-[?jlih hjj~'frI"J1L.
PETER FILLI PELLI
Grantors
ACKNOWLEDGMENT OF GRANTOR
STATE OF CALIFORNIA, County of Santa Clara: 55.
On this 3rd day of September
and sixty-nine, before me, Bruce M. Jacobs
for the said County and State, residing therein, duly
sonallyappeared
known to me to be the person~ descr i bed in and whose name s subscr i bed to the
within instrument, and acknowledge to me that jh~ exe~uted the same.
IN WITNESS WHEREOF, I have hereunto set:)my hand and affixed my official seal
the day and year in this certificate firs\t..J!'ppve writtE1f1.. .
iJZlU!y/ t{6;~tdll'-fz-
N tary Public in and for the County of
Santa Clara, State of Cal ifornia
in the year one thousand nine hundred
, a Notary Publ ic in and
commissioned and sworn, per-
My Commission expires: Sept. 11, 1969
"
a lj ~::: ~., ': 1':"" ': ~ ~;';'! 't i'i):: (':;! 1'!!:'!! '! ~!lI [' 1'1: p;~ Z' If!! ~ ~ ~ ~~;!II'; ifl It '! lj!: ~:: i1 f 12 rJ ~ t (1,
~ Q
:3 r~uc: M, ,L''\C055 ~
. , i\'('T.,'.-~" 'EU:= _.. Cl..!Ji:O.a:\IA ;;;
.' C>'I'iCE /:, ;;:
. j,\ C_, \1~'\ CCUNTY ;:;
,~.i,~ ',j:.'. ~:~ ~',:,. t:, ~..: I;'! fi;;., ~ ~ ~i:;~" ::.:;;~ ~ j.~
,
l.
CERTIFICATE OF ACCEPTANCE OF CONVEYANCE TO THE CITY OF GILROY
BY AMOR&f Ftl ".,!!:I t I. V'VtAN It II I tppnu. 111& Wif. and llrTrR
'ILUPPELLt.
I, the City Administrator of the City of Gilroy, do hereby
certify that pursuant to the authority given by Resolution No. 944,
adopted by the Council of the City of Gilroy on the 6th day of July,
1965. at a regular meeting of said Council, a certified copy of which
resolution is on record in the office of the County Recorder of the
County of Santa Clara, State of California, in Book 7027. page 228, I,
as said City Administrator, do hereby accept on behalf of the said
I
City the conveyance to the City of G il roy by AR4rw Fi 111..~"'. Viut.n
'1IIIp,.III. Hit Wife and Pet.r of the premises described In the attached
'11l1"el1 i
conveyance cia ted the 2nd day of
October
,
1967
, and
that the said City of Gilroy consents to the recordation of said con-
veyance.
day of
JI~.~".
, 1~.
9th
IN WITNESS WHEREOF, I
the City