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Foremost-McKesson, Inc. tj/tt; ?~~t:, ~ ~I ~ ?6'" 2..-" # F 937 ?~SE 26'1 6994525 F 937 1l~s~~67 rJJ1~i-jJ;/APJ h:\t\ 3 9 45 AH '8: NO FEE per GC Sec. 6103 when recorded return to -. ,\ '-;. ':EC, nE.(~I~~) !AL RECOHD: CLARA CQUN ':' ;: A MANN HAR RECQRD::r If f!:'/f1 AGREEMENT GRANTING EASEMENT THIS AGREEMENT is made this~;1~day of February, 198' by and between FOREMOST-McKESSON, INC., a Maryland corporation ("Foremost") and the CITY OF GILROY, a municipal corporation, ("Gilroy"), with reference to the following facts: a. Foremost is the owner of certain real property described below in the County of Santa Clara, State of California; and b. Gilroy desires to have an easement over a portion of said property for purposes of flood control and storm water run off; and c. Foremost is willing to grant an easement to Gilroy subject to certain terms and conditions, NOW THEREFORE, the parties agree as follows: 1. Grant of Easement. Foremost hereby grants Gilroy the exclusive easement, as more specifically described in Paragraph 2 hereof. 2. Description of Easement. The easement granted by this Agreement is restricted to the right to improve and maintain appropriate drainage lines for purposes of flood control and storm water run off. The property subject to this easement is specifically described as follows: Portion of Lot 6, as shown on that certain Map entitled "Map of the Subdivision of the Elizabeth H. Martin Tract", which map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on October 20, 1894, in Book "P" of Maps, at page 31, and more particularly described as follows: BEGINNING at a buried pipe (alongside of which is a 3" pipe 5' high) on the Southeastern line of Lot 6, distant thereon N 510 15' E, 1511.40 feet from the southernmost corner thereof, as said Lot 6 is shown on the Map above referred to, said point 021280 -1- F 937 r~S~ 268 of beginning described in the Deed from Abdon Nannini, et al, to Luigi Matteucci, dated May 2, 1929, recorded June 24, 1929, in Book 470 Official Records, Page 134, Santa Clara County Records, to the POINT OF BEGINNING; running thence along the Southeastern line of said Lot 6, N 510 14' 16" E, 825.28 feet (at 800 feet is a pipe on the bank of the slough) to a point in the center line of a slough at the southernmost corner of that 3.24 acre tract of land described in the Deed from Michael Mondelli, et ux, to Geo. E. Clausen, et ux, dated February 26, 1941, and recorded February 27, 1941, in Book 1029 Official Records, Page 41, Santa Clara County Records; running thence ~long the original center line of said slough, being the west- erly line of said 3.24 acre tract, N 210 45' W, 10.46 feet; thence S 510 14' 16~' W, 827.17 feet; thence S 320 05' 59" E, 10.07 feet to the Point of Beginning. 3. Term. The easement granted herein shall exist as long as the need for flood control and storm water run off requires; provided, however, that Gilroy agrees to forthwith release, terminate or abandon the easement at such time as Gilroy finds it unnecessary or surplus to its requirements. Expenses. Gilroy shall be responsible for all 4. costs and expenses relating, directly or indirectly, to the establishment of the easement and the construction, operation, and maintenance of the works relating to the easement. Said costs and expenses shall include, but not be limited to, those related to surveying, staking, construction, and recording fees. 5. Exercise of Care. Foremost agrees that Gilroy may have reasonable rights of access to the property for purposes related to the easement; provided, however that Gilroy will exercise good faith and reasonable care in doing all things necessary to construct, operate and maintain the works connected with the easement so as to interfere as little as possible with Foremost's use of the property subject to the easement. In the event that the constructh.,!l or operation of the flood control and storm water run off operation requires Gilroy to do underground work, Gilroy agrees to adequately cover such work over so that Foremost's surface rights shall not be impaired. 021280 -2- . . . 6. Liability-Hold Harmless. F 937 P~s: 269 Gilroy waives all claims against Foremost for damage to person or property arising for any reason related to the easement grated herein. Gilroy agrees to indemnify and hold Foremost harmless from any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees) relating to the acts or omissions of Gilroy or its authorized agents and representatives, in the establish- ment of the easement or the construction, operation, or main- tenance of the flood control and storm water run-off works thereon. 7. Attorneys' Fees. In the event of any controversy, claim or any dispute between the parties involving the terms or provisions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs of suit. 8. Validity. This Agreement shall be valid and binding and in full force upon execution by the parties, whether or not the Agreement is recorded. 9. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any modification or amendment shall be of no force or effect unless the same is in a subsequent written instrument signed by the party to be charged. IN WITNESS WHEREOF, the parties have executed this Agree- ment on the date first above written. . ~ ",~ ~' .J'~!f " ....y . Y 1>'\ .,' , "'" '~y"'" - , '."'! I' ..~ . ".; :':".:-, " It"'lil"O"'O" I APPROVED AS TO LEGAL FORM REVIEWED ~<; TO TAX TERMS-^NG+ CONOITlC>NS ~\'\>IRC\l\ t , \\'\ ~ 021280 -3- ..' STATE OF CALIFORNIA ) City and SSe COUNTY OF SAN FRANCISCO ) F 937 r!s:270 On February 15, 1980 before me, a Notary Public in and for the State of California, personally appeared NORBERT W. MARKUS, JR. and J. A. BLYSKAL known to me to be the Vice President and Assistant Secretary, respectively, of the corporation described in and that executed the within instrument, and also known' to me to be the perspns who executed the within instrument on behalf of the cor- poration therein named, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and year first above written. YVONNE M, OU1NT NOTARY PUBliC-CAWJRNIA CITY & COU~nY OF SAN FRArlClSCO My Commission Expires August 23. 1 !lal ,- .~/7/~ d No tary Pub 1 ic